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HomeMy WebLinkAbout2007 10-08 City Council PacketAMENDED AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 8, 2007 Council Chambers, City Hall Meeting No. 18 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 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 AGENDA E. APPROVAL OF MINUTES 1. September 24, 2007 Council Manager Workshop 5:00 p.m. CLOSED SESSION 2. September 24, 2007 Council Manager Workshop 6:00 p.m. 3. September 24, 2007 City Council Meeting F. PUBLIC HEARINGS 1. Desoto Skillman Area Street Improvements — Doug Jones' Parking Bays and Sanitary Sewer Improvements, City Project 06 -16 a. Assessment Hearing 7:00 p,m. b. Resolution Adopting Assessment Roll 2. Pond Overlook Public Improvements — 2161 County Rd D, City Project 07 -08 a. Assessment Hearing 7:15 p.m. b. Resolution Adopting Assessment Roll 3. South Maplewood Moratorium Time Extension — South of Carver Avenue 4. Sign Ordinance Amendment — Prohibited signs — First Reading — Referral to Planning Commission and Community Design Review Board. G. APPOINTMENTS /PRESENTATIONS 1. Introduction of Bob Dollerschell, Public Safety Manager 2. Swearing in of Police Officers Joseph Demulling and Lisa Darvell 3. Presentation of Lifesaving Award to Officer Tim Hawkinson 4. Community Television Day Proclamation H. VISITOR PRESENTATIONS CONSENT AGENDA 1. Approval of Claims 2. Conditional Use Permit Review - Mounds Park Academy, 2051 Larpenteur Avenue 3. Conditional Use Permit Review — Commercial Equipment Parking and Storage, 65 Larpenteur Avenue 4. Resolution Appointing Election Judges for the November 6, 2007 Local General Election 5. Piano Donation to the MCC and Ashland Theater Productions 6. Authorization to Enter Into Lease Agreement for Strength and Cardio Equipment 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. J. AWARD OF BIDS 1. MCC Exterior Door Replacement Award of Bid K. UNFINISHED BUSINESS L. NEW BUSINESS 1. Approval of 2408 Charitable Gambling Awards 2. Approval of Settlement Framework with Clear Channel Outdoor, Inc. 3. Re- designation of Funds — Community Center Sign 4. Approval of Proposed Feasibility Study for Edgerton Roselawn Pond Project. 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 City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Agenda Item El MINUTES SPECIAL MEETING - CITY COUNCIL CITY OF MAPLEWOOD Monday, September 24, 2007 Council Chambers, City Hall 5:00 p.m. F-11 A and was called to order A A A CALL TO ORDER A meeting of the City Council was held in the City Hall Council at 5:02 p.m. by Mayor Longrie. ROLL CALL Diana Longrie, Mayor res nt Rebecca Cave, Councilmember Pr sent Erik Hjelle, Councilmember resent Kathleen Juenemann, Councilmember Absent Will Rossbach, Councilmember Presen APPROVAL OF AGENDA Councilmember Cave moved to ap r th enda. Seconded by Councilmember Hjelle. All Mayor Longrie c/o d the m ting to is s ndin nc NEW BUSIN S None. at 5:29 p.m. I adjourn the meeting at 5:30 p.m. September 24, 2007, Special City Council Meeting 1 Agenda Item E2 MINUTES MAPLEWOOD CITY COUNCIL MANAGER/WORKSHOP Monday, September 24, 2007 Council Chambers, City Hall 6:00 p.m. 0 CALL TO ORDER A meeting of the City Council was held in the Council cKilh a City Hall Council Cha at 6:00 p.m. by Mayor Longrie. ROLL CALL < Diana Longrie, Mayor Pr e Rebecca Cave, Councilmember res nt Erik Hjelle, Councilmember Pr sent Kathleen Juenemann, Councilmember resent Will Rossbach, Councilmember Present Present and was called to order 13 A loll 4 ITIME 0 - 1SER"PUT280 a. Publi ork irector, A presented the report. ah o en, Central Region Conservation Director, Minnesota Land Trust, 5 niv sit venue West, Ste. 240, St. Paul, addressed the council. C. Vir i is ayn en Space Naturalist, answered questions of the council. d. City for ey, A ntrud, answered questions of the council. No ti was needed t t is time on this item. It will be discussed again during the regular 7:00 D.M. C c ncil meeti a. Seconded by Councilmember Cave. e - All NEW BUSINESS None. OLD BUST S 1. Maplewoo 0 n pa tectio F. ADJOUR Mayor Longrie m ed to adjourn the meeting at 6:50 p.m. September 24, 2007, City Council Workshop 1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, September 24, 2007 Council Chambers, City Hall Meeting No. 17 A. CALL TO ORDER A A Fill FA Councilmember Cave requ� Mayor Longrie requested to City Manager, Greg Copela Excel Substation'-, Ag enda Item E3 w rs and was called to order to the September 10, 2007, minutes. On page 5, in Visitor Id be noted that Joseph Waters spoke as a retired firefighter and e hters Association, In c . Also, on page 24, in between the two a,r ve, Mayor Longrie would like the statement inserted Mayor A meeting of the City Council was held in the City Hall Council Ch at 7:00 p.m. by Mayor Longrie. I Diana Longrie, Mayor Rebecca Cave, Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember Councilmember 06ve moved to approve the Thursday, September 13, 2007, continuation meeting minutes as submitted. Seconded by Councilmember Hjelle. Ayes — All Councilmember Juenemann moved to approve the Thursday, September 13, 2007, Special Canvass Meeting minutes. Seconded by Councilmember Rossbach. Ayes — All September 24, 2007, City Council Meeting [a A RM APPOINTMENTS/PRESENTATIONS Promotion of Sergeant Daniel Busack. G. Chief Tho |ks gave a report regarding the prornotio�� process in the Police Department and a brief history of Sergeant Daniel a `s employment. b. Mayor LODgh8 and the Council congratulated Busack and thanked him for his continued service in Maplewood. 2. Fall Clean-Up October 20, 2007. 8. Public Works Director, Chuck Ah|/e 2007 from H'OU8m to12:OOpm lot, at 241 Stillwater Avenue. In ot sponsoring a food drive for th eq b. CoUnci|memberJU8nen1Gnn ntN enter the Gethsemane Lutheran h/ 11 IkI, ' L er Church parking Ity ction with the clean t city will be id Harvest Food Bank. I'll: 3. Code Enforcew&M ffi r, Michael Sa so b. Co Enforce nt 0 icer, Mi a I Samuelson gave a lengthy report of the Code for men ro roc u s in Maplewood and answered questions of the u Elizabeth Slett 2 4T re e Street North, Map lewood, addressed the council. She spoke dated ohvstaff and the (HF�4)hOU��ng or re had not been taken yet. She also spoke DlSDt F material that was missing from the Public Copy \\Both (�oUnci|p@ Ckftforthe(�ity (�oUnCi| K8eetinQvvhichiS@v@i|@b|efOr vv i�duriDgthe meeting. ��S.��|e� reviewed Open M ti aw 2. Jerry M@rkiH,`4347 L8k]Od Road, Maoevv00d addressed the C0uDCi He read aloud @ Letter to the Editor from the St. Paul Pk}D8S[ P[HSS regarding 8 M8p|evvOOd resident's opinion of 3. Richard Currie, member Of the Maplewood Historic Preservation Commission member presented a letter to Mayor Longrie from the House of Representatives member, Betty McCollum regarding the 5O"' Anniversary for Maplewood. (Mayor LOOgriG read the letter from Betty McCollum aloud for the r8cDnd.\ September 24.2007. City Council Meeting 4 4. Ron Cockriel, Maplewood Historic Preservation Commission member addressed the council. Mr. Cockriel said the Maplewood Historical Preservation Commission and the Historical Society is sponsoring a Booya and Bluegrass festival to be held Saturday, October 6, 2007, from 12:00 noon until 4:00 p.m. at the Bruentrup Farm at 2170 County Road D East, Maplewood and everyone is welcome to attend. 1. CONSENT AGENDA 1. Councilmember Cave moved Seconded by Councilmember Hjelle. 2. Councilmember Juenemann moved to ar)r),p6ve j&m 2. Seconded by Councilmember Hjelle. Ayes — All 3. Mayor Longrie moved to approve item 3. Seconded by Councilmember Hje(e., es — All 4. Councilmember Juenemann m\ to ar 6. > e Seconded by CourX .en;bQr r - f lle. All 5. MayoP,, �MN 01 d 0 slWal 6 . moved to approve item 8. . Council m rJu e nn m Council m rju e ann 'I 'ended by Cound e ber ' 11 Ayes — All 7. r Longrie o d to a rove item 9. a e ppr % I cil m r j 11 Seconded b C cil tuber Hjelle. Ayes — All 8. Mayor Longrie moved to approve item 11. Seconded by Councilmember Juenemann. Ayes - All September 24, 2007, City Council Meeting 3 1. Approval of Claims Councilmember Cave moved approval of claims. ACCOUNTS PAYABLE: $ 155,613.25 Checks #73499 thru #73552 Dated 09/04/07 thru 09/11/07 $ 108,317.18 Disbursements via debits to checki ac unt Dated 08/31/07 thru 09/06/07 $ 214,629.59 Checks #73553 thru #7360 Dated 09/10/07 thru 09/18/ $ 339,860.06 Disbursements via its checking acco t Dated 09/07/07 t 09 4/07 $ Total Accounts a ble 818,420.08 PAYROLL $ 455,183.69 Payr I ks Direct 0 , s dated 09/07/07 $ 2,624.27 Payroll e ction c eck 030 t u #1003029 ated 09 7 7 of I Payrol 4 9 .60 2 355.68 ND TOTA Se nded by and em r Hjelle. Ayes - All Donation to ol i e "ry S Cou it mber Juene a, m oved to approve the $200 Donation to the Police Reserves. SeXco%ndey oun ber Hjelle. Ayes - All e t 3. Conditiohdl Use Permit Review — Legacy Village PUD Mayor Longrie moved to approve the Conditional Use Permit Review — Legacy Village PUD. Seconded by Councilmember Hjelle. Ayes - All September 24, 2007, City Council Meeting 4 4. Conditional Use Permit Review — Heritage Square Second Addition PUD Councilmember Cave moved to approve the Conditional Use Permit Review — Heritage Square Second Addition PUD. Seconded by Councilmember Hjelle. Ayes — All 5. Conditional Use Permit Review — Lexus Auto Service Cep*r — 1245 County Road D. Councilmember Cave moved to approve the Conditional Use Pef mitReview — Lexus Auto Service Center — 1245 County Road D. < Seconded by Councilmember Hjelle. es - 6. Conditional Use Permit Review — WIhi B of 2055 White Bear Avenue. Councilmember Juenemann moved to appro �v c e e c Avenue Family Health Center — North of 205 Seconded by Councilmember Hje e. 7. Conditional Use Permit Revi w Ches pea Avenue. Mayor Longrie ve o aoDr ve he Avenue Family He'vlth� enter — North se Permit Review-White Bear , iue. E)s — All i�%e ter 3095 White Bear Seconded by CNnc"emVr H Ayes — All 0 . iO401 Us�! , Pe it Review — Cottagewood PUD — Farrell Street south of e u Highwo enu L c ilm rl lmember Jue m n7 �m�d �ed o approve the Conditional Use Permit Review — woo P O C 1-ta wood PUD — rr rr 11 Streel"south of Hiahwood Avenue. Seconded by Councilrrfemoer Hjelle. Ayes — All 9. Appro " mendment to St. Paul Regional Water Service Agreement. Mayor Longrie moved to approve the Amendment to St. Paul Regional Water Service Agreement. September 24, 2007, City Council Meeting 5 07-09-170 Agreement # 02- AMENDMENT NO. 6 to AGREEMENT BETWEEN BOARD OF WATER COMMISSIONERS and CITY OF This AMENDMENT NO. 6 TO AGREEMENT ente d i o this 24th day of September, 2007, by and between the BOARD OF W E 0 IS a 0 rd' , a a t tfte CITY OF e municipal corporation of the State of Minnesota O oa "k MAPLEWOOD, a municipal corporation of the Pfate ,,df Minnesota p wood"). WITNESSETH: WHEREAS, Maplewood an th e Board oard ent6i�pdlnt n agreement dated October 30, I _t 1996 for the provision of water se . i Board to ro rties within Maplewood (the "Agreement"); and WHEREAS, Article XIV of the g emen Ilow r am d ents to the Agreement; and WHERE in to rovide t e rea st efficie and to minimize traffic disruptions and replacemel s, the p ie desire at e Board whenever possible perform water main replacement nd r other Ovate sy tem rep rk in conjunction with Maplewood street paving projects THE FOR inconsi&r Aon o he mutual covenants contained herein, the T � n pairti d lly ree a he on as follows: 2, 1 The followi p visio s a hereby added to the Agreement: 1 hen coordi ati n with a street paving project is possible, Maplewood agrees to: cit ds in accordance with applicable Minnesota Statutes for the required co tr work to facilitate Board's water system works, including 7 o5(cavation, pipe handling, restoration and other related work ("Support Work"); and, b) include in the bid solicitation a requirement that the contractor will do the applicable water system work as specified by the Board, and obtain pricing for such work. September 24, 2007, City Council Meeting 6 2) Board forces will perform the installation of water facilities and related appurtenances and all work necessary to place the water system into service. 3) The Board agrees to reimburse Maplewood for the amount of the bid item price identified for the contractor's work and for repair of any paving ou ide e boundaries of the paving project that was damaged as a result of the Support ork. on completion of the work, Maplewood shall transmit an itemized invoice with a cpW he rele nt antractor's bid pricing attached to the designated Saint Paul Regional ate ervices project ma ag In the event no specific contract item price exists for the req st Support o or for said pa Vi g pair, Board will pay to Maplewood the contractor's time and m en s c s. After review and approval of the charges by the project manager, 2. Except as to it reement shall remain in full force and effect. ', the parties hereto have caused this Amendment No. 6 to the day and year first above written. BOARD OF WATER COMMISSIONERS By Stephen P. Sch ' er, General Manager Patrick Harris, President Saint Paul Regional Water Services September 24, 2007, City Council Meeting 7 Approved as to Form: By Janet Lindgren, Secretary ��RMA 111 F-I fierM.WeEKORM 1 M D] ,'�cknowledged before me this day of latrick Harris, President of the Board of Water municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment Assistant City Attorney Office of Financial Services STATE OF MI ESOTA) SS) COUNTY OR=EY) September 24, 2007, City Council Meeting A STATE OF MINNESOTA) SS) COUNTY OR RAMSEY) The foregoing instrument was acknowledged before me this . day of 1 2007, by Janet Lindgren, Secretary of the Board of Water Commissioners, a Minnesota municipal corporation, on behalybf e corporation. 2007, by STATE OF MINNESOTA) SS) COUNTY OR RAMSEY) The 9M= EZ� ; a wledged before me this day of ?w G. 11, Director, Office of Financial Services of the a Minn so a municipal corporation, on behalf of the Signature of person taking acknowledgment By Its Mayor B Its City Manager September 24, 2007, City Council Meeting 9 m Board of Wat�r mi! corporation. \� / STATE OF MINNESOTA) SS) COUNTY OR RAMSEY) The foregoing instrument was acknowledged before me ,5 2007, by Maplewood, a Minnesota municipal corporation, on bW Signature' pv,,rson - day of of the City of owledgment STATE OF MINNE A) COUNTY OR M Y) The foregoin ns ument as nowledg d efore me this day of 0 ' by , City Manager of the City of NW0Te — W - bD4c4 a M neso municip rpWation, on behalf of the corporation. Signature of person taking acknowledgment mber Hjelle. Ayes — All September 24, 2007, City Council Meeting 10 Seconded by CbpngAME 10. Mogren Street Improvements, City Project 06 -17, Approve Revised Date for Assessment Hearing. Councilmember Cave moved to approve the Mogren Street Improvements, CitV Protect 06 -17, Approving the Revised Date for the Assessment Hearing from October 8, 2007, to October 22, 2007. RESOLUTION 07 -09 -175 WHEREAS, the clerk and the city engineer have, t t e dire io of the council, prepared i y an assessment roll for the Mogren Street Improveme s, C Project -\and aid a ssessment roll is on file in the office of the city e ine . NOW, THEREFORE, BE IT RESOLV THE CITY COUNCI MAPLEWOOD, MINNESOTA: nd 1. A hearing shall be held on the 22 day of Octob 2 7, the city hall at 7:00 p.m. to pass upon such proposed assessment n such time an pl e all persons owning property affected by such improvement will e ve opportun to e heard with reference to such assessment. 2. The city clerk is hereby directed to c u a no ce f th earh /on the proposed assessment to be published in th official wspar a e t o w s p ' r to the hearing, and to mail notices to the ow rs a op ty affec d by aid assess nt. The tic of hearing s all tate the t time and place of hearing, the general nature of the improveme th area to e sed, tha th proposed assessment roll is on file with the clerk and city engi ee th4twdtten or o ' tions will be considered. EM . Ile. Ayes — All 11.1�ladstone fi nue and Mayor avelopment, City Project 04 -21, Resolution Designating Frost ore Drive as Municipal State Aid Streets. Mavor Lonarie would like the city to keer) in mind that when this item comes back to the cit council that the City of Maplewood should have written documentation stating that Ramsey County acknowledges that this repair is Ramsey County's responsibilitV and that even if the City of Maplewood does the work because Maplewood has the resources to do the work that Ramsey County reimburses the City of Maplewood for those services September 24, 2007, City Council Meeting 11 RESOLUTION 07-09-168 ESTABLISHING MUNICIPAL STATE AID HIGHWAY WHEREAS, the City Council of the City of Maplewood desires that the streets hereinafter described meet all necessary criteria and thus should be designate Municipal State Aid street under the provision of Minnesota law. 77 Ci Co NOW, THEREFORE, BE IT RESOLVED by the O 1 the City of lows to Maplewood that the roadways described as follows, - I D 'o b w y s h to e h City of ac SAH Tu str ba w' Frost Avenue, TH 61 to White Bear Avenue (2.20 ile CSAH Turnb East Shore Drive, Frost Avenue to Larpente Av ue (0.68 mile of CSAH Tu ba be, and hereby is established, located, and des na d a uni ' al State Aid stree of said city, subject to the approval of the Commissioner of Tr sp ati of the State of Minnesota. BE IT FURTHER RESOD th e city cler 's h eby authorized and directed to forward two certified copies of thi s n t e Comm sio er of Transportation for her consideration, and that upon her app o lo de " nation f s 'd road or portion thereof, the same be constructed, improved, and ai tained s a cipa t e Aid street of the City of Maplewood to be nuT � d known s ni ' a Late treet 160 for Frost Avenue and 161 for East Shore/f rive—, emann. Ayes Seconded byAou 4 – All ilmemb ti Commission _ 501h Anniversary. is 'c er \C%ae sem ove%da rove funds of $10,000 from the General F Councilmomt er Hjelle. Ayes – All September 24, 2007, City Council Meeting 12 13. Temporary Lawful Gambling Resolution — North Star Chapter of BCCA. Councilmember Cave moved to approve the Temporary Lawful Gambling Resolution for the North Star Chapter of BCCA. TEMPORARY LAWFUL GAMBLING RESOLUTION 07-09-169 J. BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for the North S Chapter of BCCA. FURTHERMORE, that the Maplewood City Council iveskny objection to the timeliness of application for said permit as governed by M1jF(hes^Statote §349.213. FURTHERMORE, that the Maplewood City Cduh—,il t t)%Q Gambling t Control Division of the Minnesota Department approve said 7\ P* r i am o - d application as being in compliance with Minnes;2a S t� Vute §349.213. NOW, THEREFORE, be it further rest4veblthat this PXs4tion by the City Council of Maplewood, Minnesota, be forwarde`d, e G b1i Control Division their approval. Seconded by Councilmember Hjell Ay — All AWARD OF BIDS 1. Gen al ligati I prove nt onds — Series 2007E — Resolution Accepting Pr 0 1 on the C m etitive g tiated Sale of General Obligation I r6l ment Bo S a. in ce a Ad tion n er, Bob Mittel gave the report. b. T rie en, , e d 3 son Street, Ste. 300, St. Paul, addressed the -- Icou il. WEden gave v rview of the bid process for the council. I 141yr-1 I I U CT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA 11 1111111111 0� I III , a 11111121millillil Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall on September 24, 2007, at 7:00 P.M., for the purpose, in part, of considering proposals and awarding the competitive negotiated sale of, $5,090,000 General Obligation Improvement Bonds, Series 2007B. September 24, 2007, City Council Meeting 13 The following members were present: Diana Longrie, Mayor Rebecca Cave, Councilmember Eric Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember and the following were absent: None September 24, 2007, City Council Meeting er 10, 2007, the City Series 200713, which day: IL! In accordance with the resolution adopted by the City Counc' on Clerk presented proposals on $5,090,000 General Obligation Imp vemen were received and tabulated at the offices of Springsted Incorp ateo'n- h] The Council then proceeded to consider and discuss the proposals, after which Councilmember Hjelle introduced the following resolution and moved its adoption: RESOLUTION 07 -09 -171 ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $5,090,000 GENERAL OBLI TION IMPROVEMENT BONDS, SERIES 2007B, PROVIDII O 0 THEIR ISSUANCE, PLEDGING SPECIAL ASSESSMENTS FO T SECURITY THEREOF AND LEVYING A TAX FOR THE PA E THEREOF A. WHEREAS, the City Council of the City of heretofore determined and declared that it is necessary an Obligation Improvement Bonds, Series 2007B {the "Bo s") Chapters 429 and 475, to finance the construction of aria "Improvements"); and B. WHEREAS, the Improvements an NI date hereof, after a hearing thereon for which notice w components by general nature, estimatekcost, and area C. WHEREAS, it is in form as hereinafter provided; and NOW, as follows: 1. "Purchaser "), to of Proposal, at the ed to retar their good Bond T IT ty of Maplewood, Minnesota, cc of Pr6poAal.. The prdRosXI of UBS Securities LLC, Dallas, Texas {the the nds City (or vnd vidually, a "Band "), in accordance with the Terms i ere nafter s and to pay therefore the sum of $5,068,622.00, plus .ent, ' hereby 4`6 etc fined and declared to be the most favorable proposal to and the Bonds are hereby awarded to said proposal maker. The City Clerk po t o aid proposal maker and to forthwith return to the unsuccessful proposal The Bonds shall be title "Ge�a`1 O igation Improvement Bands, Series 200713", shall be dated October 15, 2007, as the date of origl 1 iss and shall be issued forthwith on or after such date as fully registered bonds. The Bands shall be nu ered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations "). The Bonds shall mature on February 1 in the years and amounts as follows: le ood, in sota (the ""City "), has e entto issu 5, 0,000 General f the City, purse t t Minnesota Statutes, improvement project itn the City (the co one s have been ordere rior to the des rbing the Improvements or all their ass ssed, and of the Cify the Bonds be issued in book -entry September 24, 2007, City Council Meeting 15 Year Amount Year Amount 2009 $125,000 2017 $340,000 2010 330,000 2018 350,000 2011 340,000 2019 355,000 2012 350,000 2020 365,000 2013 360,000 2021 380,000 2014 330,000 2022 395,000 2015 330,000 2023 405,000 2016 335,000 As may be requested by the Purchaser, one or more term and in be issued having mandatory sinking fund redemption and final maturity amounts conformi to e eg ' g principal repayment schedule, and corresponding additions may be made to the v' ' ns of th p 'cable Bond(s). (b) Book Entry Only System The Deposi ry st Company, a li ite urpose trust company organized under the laws of the State of N Y or any of its successo or ' s successors to its functions hereunder (the "Depository ") will act a0ecuies depository for the Bonds, this end: (1) The Bonds shall be initially ' su and o to as they remain in bYok entry form only (the "Book Entry Only Period "), shall at all times e in e fo of a separate single fully registered Bond for each maturity of the Bonds; far purposes o mp mg with this requirement under paragraphs 5 and 10 Authorized Den mi ati for any Bon sha be deemed to be limited during the Book Entry Only Period to the outstare in nci amount o at ond. (ii) Upon initial issu e owner ip o Bon sh l be registered in a bond register maintained by the Bond . g' • r (as herei ft r de ned i he n e o CEDE & CO., as the nominee (it or any nominee of th exisor uccesso e sit y, the " ee' "). responsibility bK of Depository holds holds an interest in Wit t lime i n.tr i) ivo nee or any n1cr P rticipant, any Ow r o s, including any n a of r person, other any, • in rest on the l Reuiste d Nolder of ai under this es ution, assigns its co en or the record date i entifi With res ct o the Bon s ither the City nor the Bond Registrar shall have any on to an r er, dealer, an ar any other financial institution for which the as sec �ic Tory (th rticipant ") or the person for which a Participant sh the boa ecords of the Participant (the 'Beneficial Owner "). ediat y preceding en , neither the City, nor the Bond Registrar, shall have fr bli Lion with respect to (A) the accuracy of the records of the Depository, the ant 'th spect to any ownership interest in the Bonds, or (B) the delivery to any i any o er rson, other than the Depository, of any notice with respect to the tic of re rep ' n, or (C) the payment to any Participant, any Beneficial Owner or an e Depo itory, of any amount with respect to the principal of or premium, if ds, or (D) the consent given or other action taken by the Depository as the i o ds (the "Holder "). For purposes of securing the vote or consent of any Holder e C y may, however, rely upon an omnibus proxy under which the Depository ting rights to certain Participants to whose accounts the Bonds are credited on in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. September 24, 2007, City Council Meeting 1 (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter Representations, together with any replacement thereof or amendment or substitute theretXinclud ' g a standard procedures or policies referenced therein or applicable thereto respecting the d other matters relating to the Depository's role as book -entry Depository for the Bonds, colleeinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownersp t�rests in eac Bo issued in book -entry form shall be limited in principal amount to Authorize en inatians and sh be ffected by procedures by the Depository with the Participants for recordin nd ansferring the owner sh' o eneficial interests in such Bonds. (viii) In connection with any note e a ther c m ication to be proviM to the Holders pursuant to this Resolution by the City or Bon Re ar ' h respect to any consent or other action to be taken by Holders, the Dep ory shall eonsi the to of receipt of notice requesting such consent or other action as the record o ate fch consent or the action; provided, that the City or the Bond Registrar may establish a specia •e dat r such con nt other action. The City or the Bond Registrar shall, to the extent possible, gi e t e osit • notice o suc special record date not less than 15 calendar days in advance of such special cod date the e t pas 'ble (ix) An suce sor Bon Re tra n its w i n eceptance of its duties under this Resolution and /anp ay' g agen 1b nd regist ar a cement, shall agree to take any actions necessary from time to time to with there ui ements o he ester of Representations. In the se rtial pre y ent of a Bond, the Holder may, in lieu of surrendering the Bo ds r a lesser tion as provided in paragraph 5 hereof, make a not n a eductl in pr' cipal amou th anel provided on the Bond stating the amount so (c) Ter ina 'on oNodk-Entry Only System. Discontinuance of a particular Depository's es and terminati) o y the bo only system may be effected as follows; (i) e epository may determine to discontinue providing its services with respect to the Bo s any time ; b y ivi g written notice to the City and discharging its responsibilities with respect thereto a er lieabw The City may terminate the services of the Depository with respect to the Bond if it de rm* e e Depository is no longer able to carry out its functions as securities depository or the continua n of ystem of book -entry transfers through the Depository is not in the best interests of the City or the eficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11 hereof, September 24, 2007, City Council Meeting 17 To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. 10 hereof. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph (d) Letter of Representations The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose; Cost The Bonds shall provide funds to fin ce t Improvements. The total cost of the Improvements, which shall include all costs enumerated in nnes to Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Wor n t Zp vements shall proceed with due diligence to completion. The City covenants that it shall al ings d rform all acts required of it to assure that work on the Improvements proceeds with e ilrgence to ca le'on and that any and all permits and studies required under law for the Improve ents re obtained. 4. Interest The Bonds shall bear i rest ayable semiannually on Feb ry and August 1 of each year (each, an "Interest Payment Date "), m ncing Au t 2008, calculate Nn e basis of a 360 -day year of twelve 30 -day months, at the respec 've tes p an set forth oppositeflie maturity years as follows: Maturity Inte st Matur' Interest Year Rat Year Rate 2009 4.00° 201 4.00% 2010 4.00% 4.00% 2011 4.00% 2019 4.00% 201 .00% 2020 4.00% 13 400% 2021 4.125% 14 .00% 2022 4.125% 20 2023 4.125% 2016 °L Re in ti 1 Bonds maturing on February 1, 2019, and thereafter, shall be subject to red ption and p a ent the ti of the City on February 1, 2018, and on any date thereafter at a p cc of par plus ace ed i teres . R emption may be in whole or in part of the Bonds subject to re meat. If redemp 'on is in pa t maturities and the principal amounts within each maturity to be re ee d shall be dete 'ne by the ity; and if only part of the Bonds having a common maturity date are cane for repayment, th sp cific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds o *ons thereo cal ed for redemption shall be due and payable on the redemption date, and interest th on hall ase accrue from and after the redemption date. Mailed notice of redemption shall be given to th a - g a nt and to each affected registered holder of the Bonds. To effect ayartial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shah equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the September 24, 2007, City Council Meeting 18 City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the 'Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The /ine i tr shall also serve as paying agent unless and until a successor paying agent is duly appointed d interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds ner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond The Bonds, together with t M8 Registr 's Nrtificate of Authentication, the form of Assignment and the registra ' n i ormation there s 11 be in substantially the following form: September 24, 2007, City Council Meeting IN UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R- rA1101a I a scan I c SERIES 2007B INTEREST RATE MATURITY DATE FEBRUARY 1, )F ISSUE L4111116 REGISTERED OWNER: CEDE,& CO. I 10 to 1910 W-3 071 iI -11 1im 15, 2007 Is The City of Maplewood, Ra s C nty, nes (the ue " , certifies that it is indebted and for value received promis ay to the r is redo. ner ecl ab , , or registered assigns, in the manner hereinafter se orth, the ncipal a ou t ec' ed a e, o he maturity date specified above, unless called for ea ier em 'on, nd to pa inter t thereon se annually on February I and August I of each year {ea , a Interest P m in Date "), co mencing August 1, 2008, at the rate per annum specified abo (c culated on th ba is of a 360- ay ear of twelve 30 -day months) until the principal sum is paid or has be p vided for Th' and will b ar terest from the most recent Interest Payment Date to which interest h be p or ' no inter as e paid, from the date of original issue hereof. The prm5 premi , 'f a on this are p able upon presentation and surrender hereof at the pr' eipa cc o S. nk ational Associatio , in St. Paul, Minnesota (the "Bond Registrar "), acting as ayi agent o ny cces r p ing agent duly appointed by the Issuer. Interest on this Bond will be p ' on each Intere Pa ent ate check or draft mailed to the person in whose name this Bond is re 'stered (the "Holde " o "Bon of ") on the registration books of the Issuer maintained by the Bond gi ar and at the add ss ppeari ereon at the close of business on the fifteenth day of the calendar mo h n t preceding su I tcrest Payment Date (the "Regular Record Date "). Any interest not so timely paid s 11 ase to be pay ble to the person who is the Holder hereof as of the Regular Record Date, and shall be a to the rso who is the Holder hereof at the close of business on a date (the "Special Record Dat i d th and Registrar whenever money becomes available for payment of the defaulted inter t. ot' e of the Special Record Date shall be given to Bondholders not less than ten days prior to the Speci cord Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. September 24, 2007, City Council Meeting 20 Redemption All Bonds of this issue (the 'Bonds ") maturing on February 1, 2019 and thereafter are subject to redemption and prepayment at the option of the Issuer on February 1, 2018, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affect ^lder of the Bonds. Selection of Bands for Redemption; Partial Redemption To feet partial redemption of Bands having a common maturity date, the Bond Registrar shall assign to ach nd having a common maturity date a distinctive number for each $5,000 of the principal amou of s B d. The Bond Registrar shall then select by lot, using such method of selection as it shall de per 1 its 'scretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for c umber, shat qu the principal amount of such Bonds to be redeemed. The Bands to be redeeme shat e the Bands to ic lere assigned numbers so selected; provided, however, that only s uc of the principal amours of ch Bond of a denomination of more than $5,000 shall be redee ed a shall equal $5,000 for each n nb assigned to it and so selected. If a Bond is to be redeemed and n p , it shall b su tendered to the d egistrar (with, if the Issuer or Bond Registrar so requires, a itt instr Issuer and Bond Registrar duly executed by the Holder er or writing) and the Issuer shall execute (' cessary) and the on the Holder of such Bond, without ser is ch e, a new Bon or stated maturity and interest rate and o n tho d Denomi such Holder, in aggregate principal amo nt qua an ' exeha principal of the Band so surrendered. transfer in farm sa 'sfactory to the r§, her or its attorney duly authorized in gistrar shall authenticate and deliver to rnds of the same series having the same N or Denominations, as requested by � fo the unredeemed portion of the Issuance; Pur se• Gener 1 Obli ati n. is B d is e o issue in the total principal amount of $5,090,000, all o ike ate ar final issu and t or, except as o number, maturity, interest rate, denomination a red ption pri file e, which o has been issued pursuant to and in full conformity with the Cons ' uti and laws of e tate of Mi ne to and pursuant to a resolution adopted by the City Council on Sep b 24, 2007 he Resolution" ), fo the purpose of providing money to finance various improvement proje s 'thin e jurisdiction he s r. This Bond is payable out of the General Obli rovem t nd cries Fun f the Issuer. This Bond constitutes a general oh 'gatio of the uer, d t rovide moneys the prompt and full payment of its principal, premium, an , and rote t en th a become due, the full faith and credit and taxing powers of the Issuer h e been and are _eb irre cab pledged. Denomination Ex han e e lution. The Bonds are issuable solely as fully registered bonds in A tho ' ed Denominatio s s define in the Resolution} and are exchangeable for fully registered Bonds of o er thorized Deno i tuns in equal aggregate principal amounts at the principal office of the Bond Registr b only in the a ner and subject to the limitations provided in the Resolution. Reference is hereby ma e t he Re lut' n for a description of the rights and duties of the Bond Registrar. Copies of the Resolutio ar file ' the principal office of the Bond Registrar. Transfer Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Band Registrar, all subject to the terns and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. September 24, 2007, City Council Meeting 21 Fees upon Transfer or Loss The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication This Bond shall not be valid or become obligatory r any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have b n e cuted by the Band Registrar. Not Qualified Tax - Exempt Obli ag tion This Bond has n een d ignated by the Issuer as a "qualified tax- exempt obligation" for purposes of Section 265 (3) In al Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED at a acts, conditions Constitution and laws of the State of Minnesota to b on , to happen and to be and in the issuance of this Bond, have been done, aveyappened and have been September 24, 2007, City Council Meeting 9er with all oche ce and delivery t indebtedness. required by the 1, precedent to in regular and de of the Issuer o e original 22 due form, time and manner as required by law, a th this Bond, gl outstanding on the date of original issue hereof and e e of i rssu purchaser, does not exceed any constitutional or statut 11 atioof IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: U> /BA XK NATIONAL ASSQ Payable at: (J.SAANXNATIONAL BOND REGI RS STRA' CERTIFICATE C�TV OXMA LE WOOD, Ril�NOUNTY OF AUHETATIO4NOTA This Bond is one of the Bonds described in the Resolution mentioned within. ��sl� Mayo U.S. BANK NATIONAL ASSOCIATION is St. Paul, Minnesota k Bond Registrar 0-Al September 24, 2007, City Council Meeting 23 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cost) under the (Minor) Uniform (State) Transfers to Minors Act Additional abbreviations may ASST For value received, the undersigned I(ereby assigns irrevocably constitute and appoint the registration thereof, with full power Note corre: Bond what( i ature(s) must e g mbership in one o 7 R 240.17 Ad -15 Bond Name and unto _ the within Bond and does hereby n�to the Bond on the books kept for �ssignor's suture to this assignment must with the name as it appears upon the face of the within Wy particular, without alteration or any change d bra national bank or trust company or by a brokerage firm having a aora toc exchanges or any other "Eligible Guarantor Institution" as defined in not affect transfer of this Bond unless the information concerning the (Include information for all joint owners if the Bond is held by joint account.) though notA the above list. September 24, 2007, City Council Meeting 24 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the dute(s) and inthe as follows: AUTHORIZED DATE AMOUNT SIGNATURE OF HOLDER September 24.2007. City Council Meeting 25 (8) Execution; Temporary Bonds The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and su"I ' t for all purposes, the same as if he or she had remained in office until delivery. The City may elec o de ver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substa rally e form set forth above, with such changes as may be necessary to reflect more than one maturi in a ' gle temporary bond. Such temporary bonds may be executed with photocopied facsimile 'gnat o e Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bon a the e cu ' n thereof, be exchanged therefore and canceled. (9) Authentication No Bond shall be v id o obligatory for any purp e o t e entitled to any security or benefit under this resolution unless a ertif ate of Authe ticat *on on such on substantially in the form hereinabove set forth, shall have been ul xecuted b an thorized repres tat` e of the Bond Registrar. Certificates of Authentication on dl ere Bo s ne not be signed by th same person. The Bond Registrar shall authenticate the signatures o fic s of e City on each Bond by execution of the Certificate of Authentication on t d and by inse ' g a the date of registration in the space provided the date on which the Bond . s the 'cated, except at r purposes of delivering the original Bonds to the Purchaser, the Bond Reg* tra 11 in as a date f r istration the date of original issue, which date is October 15, 2007. The Cc ti 1 ate u ication e cuted on each Bond shall be conclusive evidence that it has been authe tic ted an eliver unde hi resolution. (1Re Re ' trat an er• Exch ' T City wiff e to be kept at the principal office of the Bond gistr a b d regist in which, s je to such reasonable regulations as the Bond Registrar may prescribe e nd Registra sh 11 provide or e registration of Bonds and the registration of transfers of Bo s e titled to be gi ered or Iran er d as herein provided. U on surren r fhr/ian r o Bond principal office of the Bond Registrar, the City shall to (if nee ary) d th and Registrar authenticate, insert the date of registration (as provided rap of, d de er, ' the name of the designated transferee or transferees, one or more new s of any Aut riz De ml tion or Denominations of a like aggregate principal amount, having the stated maturity nd ' teres ate, as requested by the transferor; provided, however, that no Bond may ;istered in blank o in e nam o 'bearer" or similar designation. t the opj d older, Bonds may be exchanged for Bonds of any Authorized Denomination or De ml bongregate principal amount and stated maturity, upon surrender of the Bonds to be excha e t office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, t Ci ute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of e Bonds which the Holder making the exchange is entitled to receive. All Bonded upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Band presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Molder thereof or his, her or its attorney duly authorized in writing. September 24, 2007, City Council Meeting 26 The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued unpaid, and to accrue, which were carried by such other Bond, 12. Interest Payment; Record Date Interest on any B d sh be paid on each Interest Payment Date by check or draft mailed to the person in whose me Bo d is registered (the "Holder ") on the registration books of the City maintained by the Bond gi ar an at e address appearing thereon at the close of business on the fifteenth (15th) day of the c e a month ne re ding such Interest Payment Date (the "Regular Record Date "). Any such ' ter e not so timely pa' sh 1 cease to be payable to the person who is the holder thereof as of the Re ar cord Date, and shall b a ble to the person who is the Holder thereof at the close of business n a to (the "Special Record Dat " 1 d by the Bond Registrar whenever money becomes available fo a ent of the a ted interest. No 'cc the Special Record Date shall be given by the Bond Registrar t he older of ss than ten (10) day rior to the Special Record Date. 13, Treatment of Re ist ed Ov r. The City a d d Registrar may treat the person in whose name any Bond is registered a th ner such Bon or e purpose of receiving payment of principal of and premium, if any, and 1 er t ect the pay nt ovisions in paragraph 12 above) on, such Bond and for all other purposes h tsoever teeth r not ch and shall be overdue, and neither the City nor the)�gistrar sh 1 b aff tedotic th contrary. 14. D ever ' A h tid 1 of Proc eds. /The Bonds when so prepared and executed shall be delivered by th iny ce DirectoID't t Purcha r Xtreof. n receipt of the purchase price, and the Purchaser & shall not be o ae tc see to the annlicati 15. Fun s a hd Mca Where more been created a capital projects fund designated the 1c ovem , t Pre j is Fund" he a d inistered by the Finance Director separate and apart f m al fun of th Cit The Public Improvement Projects Fund shall continue to be maintained in the an er here ore eci d. the Public Improvement Projects Fund there shall be created and r mtained separate on ructi ac unts (the "Construction Accounts ") for each improvement financed by is bond issue. To he onstr do Accounts there shall be credited the proceeds of the sale of the nd less accrued inte st eceive ereon, and less capitalized interest and less any amount paid for the Bon s in xcess of the m1 1 um bid, plus any special assessments levied with respect to the Improvements and co ct prior to co ple ion of the Improvements and payment of the costs thereof. From the Construe ' n counts er shall be paid all costs and expenses of making the Improvements listed in paragraph 1 , in ` g t cost of any construction contracts heretofore let and all other costs incurred and to be incurred a the ki d authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for n her purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Accounts, the balance (other than any special assessments) may be transferred by the City Council to the accounts of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Accounts shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose September 24, 2007, City Council Meeting 27 will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. There is hereby created a debt service fund to be designated the General Obligation Improvement Bonds, Series 2007B Fund (the "Debt Service Fund ") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Debt Service Fund shall be maintained in the manner herein specified until all of the Bands and the interest thereon have been fully paid. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Fund: (a) all collections of special assessments herein covenanted to be levied with respect to the Impr ements and either initially credited to the Construction Accounts and not already spent as permitte ov and required to pay any principal and interest due an the Bonds or collected subsequent to the om tion of the Improvements and payment of the costs thereof, (b) all accrued interest received upon eliv of the Bonds; (c) all funds paid for the Bands in excess of the minimum bid; (d) capitalized inte st i e a aunt of $38,411.54, sufficient to pay interest due on the Bonds on or before August 1, 2008; a col do of all taxes herein or hereafter levied for the payment of the principal and inter o t 1e Bonds; ( all rids remaining in the Construction Accounts after completion of the Improve ent nd payment of t ca s thereof, not so transferred to the account of another improvement; all vestment earnings on d eld in the Debt Service Fund; and (h) any and all other moneys w ich e properly available and are r riated by the governing body of the City to the Debt Service F d. he Debt Se is Fund shall be u d s ely to pay the principal and interest and any premiums for re de pt1 of t Bo s and any other gen al obligation bonds of the City hereafter issued by the City and mad a e ft said account as provided by law. No portion of the proceeds of shall be a kd d ectly or indirectly to acquire higher yielding investments or to replace fun s ich re used dire iy indirectly to acquire higher yielding investments, except (1) for a reasonable e o p �d until su p ceeds are needed for the purpose for which the Bonds were issued and (ii) in di 'on to e ab in an o t not greater than the lesser of five percent of the proceed f the Bands $ 00,00 . To this ect, proceeds of the Bonds and any sums from time to tim held in t Construe 'on eou s or bt S ice Fund (or any other City account which will be used pa rm ' al r interest o ec e due on t onds payable therefrom) in excess of amounts which der en- applic bl federal a it ge regulations maybe invested without regard to yield shall not be in este at a yield in xc ss of the a li ble yield restrictions imposed by said arbitrage regulations on s h i vestments fte taking into a co t any applicable "temporary periods" or "minor portion" made aval ble nd the federal ar e g ations. Money in the Fund shall not be invested in oblig deposit iss d b , guaran by or i ured by the United States or any agency or iruar city t eaf i rid the extent that su investment would cause the Bonds to be "federally teed'" 1 S n tt in a 'ng f Section 149(b) of the Internal Revenue Cade of 1986, as amended (the V tion . Asses e s. It is er y determined that no less than twenty pe rcent (20 °t °) of the cost to f each Imprav e t financ hereunder within the meaning of Minnesota Statutes, Section bdivision 1(3), sha 1 be paid by special assessments to be levied against every assessable lot, p eel of land ene ited by any of the Improvements. The City hereby covenants and agrees that co truct' n c tracts not heretofore let within invalid with one year after ordering each en ma d h eunder unless the resolution ordering the Improvement specifies a different time he ietti of anstructian contracts. The City hereby further covenants and agrees that it will da rm as soo as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have heretofore been authorized in accordance with Minnesota Statutes, Section 475.55, Subdivision 3. The assessments are payable in equal annual installments with interest on the declining balance at the rates specified below. September 24, 2007, City Council Meeting 28 Subject to such adjustments as are required by conditions in existence at the time the assessments are levied, the assessments are hereby authorized and it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than the rates per annum specified below: Improvement Collection Designation Amount Levy Years Years Rates At the time the assessments are in fact levied the City C nci al based on the then - current estimated collections of the assessments, make any adjustmen in y a alo m taxes required to be levied in order to assure that the City continues to be in co p 'an e with Mi es Statutes, Section 475.61, Subdivision 1. A portion of the Bond proceeds will be use to f ance project costs relate t Desoto Area and the Brookview Drive Area improvement project . Th special asses ents for the Des to ea and the Brookview Drive Area improvement projects h ee ledged t the ity's General O 'on Improvement Bonds, Series 2007A. 17. Tax Levy. Coverage t. To provide mboeys the Bonds there is hereby levied upon all o taxable prop y 1 which shall be spread upon the tax rol a oIle d with and City for the years and in the amounts as of ws: Yea Ye of ;'��E a oil ion ATTA E SCHEDULE payment of the principal and interest on the City a direct annual ad valorem tax a� of other general property taxes in the Amount The to ev1 are such t at i collected in 1 hey, together with estimated collections of special assessments and o er venu herein p e for e Oayment of the Bonds, will produce at least five percen . cess oft ahidunt ee e eet w ue the principal and interest payments on the Bonds. Th ax levies s i be i1 epe able so long the Bonds are outstanding and unpaid, provided that e C' reser the ight d p wer to reduce the levies in the manner and to the extent permitted by MV nesota Statute Se ion .6 Subdivision 3. 18. Defea nc . Wh N al onds have been discharged as provided in this paragraph, all p dg , covenants and he rights rated by this resolution to the registered holders of the Bonds shall, to the ten ermitted by la ase. The City may discharge its obligations with respect to any Bonds which are due n date by irr vo ably depositing with the Bond Registrar on or before that date a sum sufficient r t paym t th reof in full; or if any Bond should not be paid when due, it may nevertheless be discharge by e siti , with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrue o the to of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds ed for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and /or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. September 24, 2007, City Council Meeting 29 19. Compliance With Reimbursement Bond Regulations The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the y reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure ou f th proceeds of a subsequent borrowing; (ii) gives a general and functional description of the pro rty, ojeet or program to which the Declaration relates and for which the Reimbursement Expenditur Is paid, r identifies a specific fund or account of the City and the general functional purpose thereof om i th eimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states t um pri ip amount of debt expected to be issued by the City for the purpose of financing the ojec ; provided, ho ve that no such Declaration shall necessarily have been made with res ect t . (i) "preliminary ex n res" for the Project, defined in the Reimbursement Regulations to inclu en 'veering or architectural, s 7e ' g and soil testing expenses and similar prefatory costs, whi in e aggregate not exceed 20'o f t "issue price" of the Bonds, and (ii) a de muaimis amount of Rei ur ment Ex ndi res not in excess e lesser of $100,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursem Bonds or any of the other types of Regulations. (c) The "reimbursement alloc ti Reimbursement Expe cure sh and will the Bonds and in al ve w' �n t e period payment of the lmb sement 4pe diture is a caphal e enditure or a cost of issuance of the scribed in ctio 1.150- 2(d)(3) of the Reimbursement )ed in t eim`�i cement Regulations for each wit Ilo ' g (but not prior to) the issuance of the date w ' h is the later of three years after after the date on which the Project to which the relates i4 first (d) E h of Bon eels to Bo are issue , hal as made on p I be made in a writing that evidences the City's use nditure and, if made within 30 days after the the Bonds are issued. Pr ided, howeve , th p agraph 19 upon re mill of impair the tax XZ n take action contrary to any of the foregoing covenants in this an n im of its Bond Counsel for the Bonds stating in effect that such action I state a he Bonds. 2 Med,d isclosure. The City is the sole obligated person with respect to the Bonds. The Cit ordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the SecurEx ommission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as inuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Pro< or cause to be provided to each nationally recognized municipal securities information repository ( "NRMSIR ") and to the appropriate state information depositary ( "SID "), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (1) each NRMSIR or to the Municipal Securities Rulemaking Board ( "MSRB ") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. September 24, 2007, City Council Meeting 30 (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph 20 and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City City a orized to act in their place with "Officers" are hereby authorized and directed to execute on behalf the ity the Undertaking in substantially the farm presented to the City Council subject to such m ific ions thereof or additions thereto as are (1) consistent with the requirements under the Rule, req red by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 21. General Obligation Pledge For the pro on the Bonds, as the same respectively become due, the be and are hereby irrevocably pledged. If the balance all principal and interest then due on the Bonds an ny be promptly paid out of any other funds of the y w funds may be reimbursed with or without interest om available therein. 22. Certificate of Re gist the offices of the County Auditor of County Auditor shall require, and to c entered in the County Auditor's Bond 23. R prepare and furnis Bonds, certified condition and fa show the facts and records under � Wl payme t o he principal and interest 1 fa h, credit and t in owers of the City shall ebt Service Fund 1 ev insufficient to pay her bonds payable there n, e deficiency shall are availa e for such purpo a such other Debt h is Fund when a su c' t balance is certified co of 4 resolution is hereby directed to filed in my, inn Con Auditor' a ether with such other information such ert' icate that the Bonds have been an at t tax le eq 'red bylaw has been made. r and ficates. e ff ers th ty a ereby authorized and directed to th ase and to t e a to ys approve - e legality of the issuance of the of all pro ee 'ngs and co ds of the City relating to the Bonds and to the financial of the City, d uch other ffi vits, certificates and information as are required to to the le it and marketa ilit of the Bonds as the same appear from the books sir usto and contro s of ei ise known to them, and all such certified copies, [omits, i clu ng an�etofore fished, shall be deemed representations of the City as Xthe facts re ' ed tI Z I' 24. ate n to use the proceeN B e r into any defernr ca e t onds to be " the e. an as to Use of Proceeds and Improvements. The City hereby covenants 3o s to use the Improvements, or to cause or permit them to be used, or ient a gements for the cost of the Improvements, in such a manner as to activity bonds" within the meaning of Sections 103 and 141 through 150 of 25. ax em Status of the Bonds; Rebate; Elections. The City shall comply with requirements ece ary der the Code to establish and maintain the exclusion from gross income under Section 103 of t C e of the interest on the Bonds, including without limitation (i) requirements relating to temporary perio s for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the 18 -month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148 - 7(d)(1) of the Regulations. The Mayor, the Clerk or either one of them, are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. September 24, 2007, City Council Meeting 31 26. Severability If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 27. Headings Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Juenemann and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Ayes - Councilmembers C Hjelle, Juenemann, Rossbach and the following voted against the same: Whereupon said resolution was declared duly STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD 1, the undersigned Minnesota, DO �th B CE with the oriui eof on file in Juenemann. that I ha� office, an( of said iZl� bid 24, 2007. City Clerk Nav — Mayor cti �f the City of Maplewood, pared the attac ed and foregoing extract of minutes the same is a full, true and complete transcript of the �uly called and held on the date therein indicated, �6nd awarding the competitive negotiated sale of, , Series 2007B. Ayes - All September 24, 2007, City Council Meeting 32 minutes of a mectinAf the C K. UNFINISHED BUSINESS 1. Lark/Prosperity Area Street Improvement, Project 07-15, Burke Avenue Options (Cul-de-sac Survey) a. Public Works Director, Chuck Ahl gave the report and answered questions of the council and Maplewood residents. b. City Attorney, Alan Kantrud answered questions of the council. Mayor Longrie asked if anyone wanted to speak regarding this item. 1. Carole Lynne, 1723 Burke Avenue East, Maplewood, a0dresXed the council. Ms. Lynne spoke about the "no thru traffic sign" that the city posl d in e neighborhood 10 days ago os and the significant decrease in the amount of traffi, * N now d e felt the pr y neighborhood traffic i driving through the area. Ms. Lynne said it's ver uioposed traffic counts were inaccurate. a d it s ver u i now d e felt I t the e 2. Tom Zangs, 1771 Burke Avenue East, ple ood, addressed the un 'I. He is opposed Z v to the cul-de-sac and he doesn't thin e I , ?r 4s a traffic vo r ume concern er H e said he most m s d hasn't seen a lot of accidents but he ink ac n are caused fr ving too fast. He is opposed to a cul-de-sac and a ork op edian" %t,, "and asked at the city do nothing here. Councilmember Rossbach Seconded by Councilmember Hjelle. L. NEW BUSINESS Ayes ouncilmembers Cave, Hjelle, Rossbach Nays — Councilmember Juenemann, Mayor Longrie 0 rvaifipn!!se ants — Authorization to contract with Minnesota Land Trust to P i t Imp mp i m taton on Tier One Sites. P 0 roce va 'on s p E e nts a. Public o s Dir to Chuck AN gave the report and answered questions of the council b. City Attorn y, Ian Ka trud answered questions of the council. Cound e er Hjelle o ed to table this item to a future date and directed city staff to schedul( 0 r) for tj and pres t a -hou o r s shop for the purpose of further informing the public about Conservatio)%,E'a� me s. This work shop should be presented by one individual but the information ma V co rn4 from several different sources. Seconded by Councilmember Rossbach. Councilmember Rossbach made a friendly amendment that this information could be presented by more than one individual. Councilmember Hjelle denied the friendly amendment. September 24, 2007, City Council Meeting 33 Councilmember Rossbach seconded the motion. Ayes — Councilmembers Hjelle, Juenemann, Rossbach Nays — Mayor Longrie, Councilmember Cave Mayor Longrie said she voted Nay because she found it interesting that the councitmember's that have been on the council the longest are confused as to what the various options are for Conservation Easements. 2. Desoto Skillman Area Street Improvements, City PrXect -16. a. Resolution Approving Change Order 2 & 3 b. Public Works Director, Chuck Ahl gave th e po Mayor Longrie asked if anyone wanted to speak reggr di q is item. Dick Dufrense, 1721 Desoto Street, Maple w o ot process and the only way this project is goinc o public commitment to the citizen's committee\prc to the contingencies. He said the city is asking hi for the improvements. He said he only reinitiated he would like to see this carried thresh. The council asked questions of Mr. Councilmember Cave moved to Project 06-16. Approv c sewer work. M019 ';sed the council. H!�Ti�Tis is a failed is for the council t 0 n r original and p s e Change Ory r thi and he said he is going out regard Vw t 0 :)aoing to pay V � is P cess that was first put in place and TrQN\07-09-172 . X I IkTING CONSTRUCTION CONTRACT , 6, 6 - k KA GE ORDER 2 EA the)(:�ity"(�ouncil of Maplewood, Minnesota has heretofore ordered made ovement eement P P c 6-16 Skillman Area Neighborhood Improvements, and has let a r 1 struction con ; c t �tr t p rsuaftt o'm Statutes, Chapter 429, and WHEREAS, it i� ri�w necessary and expedient that said contract be modified and k d as Improve ilpe�t Project 06-16, Change Order No. 2. MINNES THEWFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, The moor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 in the amount of $13,980.77. The revised contract amount is $3,221,000.97. Seconded by Councilmember Hielle. Ayes — All September 24, 2007, City Council Meeting 34 Councilmember Cave moved to approve the Desoto Skillman Area Street Improvements, City Project 06-16. Approving Change Order 3 for an increase in cost for the change in retaining wall block eliminating that Mr. DuFresne contribute to the cost of the wall. RESOLUTION 07-09-173 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 06-16, CHANGE ORDER 3 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 06-16, Desoto Skillman Area Neighborhood Im^ovements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 42X an WHEREAS, it is now necessary and expedient that s ,Od co tract be modified and designated as Improvement Project 06-16, Change Order o. . NOW, THEREFORE, BE IT RESOLVED BY C TY COU IL F MAPLEWOOD, MINNESOTA that: 1 The mayor and city clerk are hereb au orized and directed to mo existing contract by executing said Change r r No. 3 in e ount of $15, 0. . The revised contract amount would be $3, 36, 80.9 . Seconded by Mayor Longrie. Ayes — Mayor Longrie, Councilmembers Cave, Rossbach Na — ouncilmembers Hjelle, Juenemann 3. Lark Prqgpepy Area tret Imp a. Public Aorks Dire or, Chuck nts, City Project 07-15 e the report. • IN as • - . ' 0 . Dil I N • = HIM • Area Street Improvements, Cit )ntract. Chanae Order Number 1. RESOLUTION 07-09-174 ION OF EXISTING CONSTRUCTION CONTRACT = ,IT 07-15, CHANGE ORDER I WHEREAS, th� C�y Council of Maplewood, Minnesota has heretofore ordered made I mp ve ent Pro ject 0 _ oJ Proiect " VFJe m 1 , Desoto Skillman Area Neighborhood Improvements, and has let a ct 0 constr do contract rs ant to Minnesota Statutes, Chapter 429, and W W H E it i now necessary and expedient that said contract be modified and rl designated as pr eent Project 07-15, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1. The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Nos. 1 in the amount of -$51,912.00. The revised contract amount is $2,442,328.24. Seconded by Councilmember Hjelle. Ayes - All September 24, 2007, City Council Meeting 35 a. Discussion on City Council Policy regarding City Commission Membership. a. City Manager, Greg Copeland gave the report. b. City Attorney, Alan Kantrud answered questions of the council. The council had a question and answer session regarding this item and the council decided not to take any action at this time. 2 COUNCIL PRESENTATIONS M1. Political Signs Councilmember Cave discussed the issue of political sign el e ved from properties in Maplewood. Councilmember Rossbach stated he had m y his liti I council signs stolen during the election period also. Councilmember Jue m n stated sh al had many political signs stolen during the process of the elections w n s ran for city co cil. M2. NEST Mayor Longrie said she and Councilmember R sb made to extend the NEST budget so she didn't ha e However, she hoped that she wou ve an update NEST at the next city council me in . Councilmember Rossbach had a fe th gs ad 3. ADMINISTRATIV ENTATI N1. Excel E ra ubst io City Attorney, la Kantrud resident has sta d ring dated material ha no f La ubsta ' . Mr. antra is as ' area s to er �do ment from on t e Minnesota Pol 10, 007, he inspec le ood. Mr. Kai and e ty council. !�- 1111L41 :0 LIA� on - ided"a NEST meeting.`A request was extend with the council at this time. ng the budget from Mr. Norman with the NET meeting discussion. refliarrod to an on of complaint from a Maplewood resident. The sito tat ion at ity council meetings that her official notices of 'n ed to. ffhe sident's complaint is regarding the Kohlman id said he rep ' t r esident in a letter dated August 10, 2007, ugust 5, 2007, correspondence. Mr. Kantrud then read aloud a a ollution Control Senior Specialist in Solid Waste Compliance with 1 I ency, dated August 10, 2007. Mr. Nelson wrote that on August Koh a Lake Substation owned by Excel Energy, located in id he would provide a copy of this documentation to Mayor Longrie Mayor Longrie`kdjoVned the meeting at 10:34 p.m. September 24, 2007, City Council Meeting 0. Agenda Item F1 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Desoto - Skillman Area Street Improvements, City Project 06 -16, Sanitary Sewer and Parking Bay Improvements 1. Assessment Hearing, 7:00 p.m. 2. Approve Resolution for Adoption of Assessment Roll DATE: October 1 St , 2007 INTRODUCTION Doug Jones petitioned the city for the addition of parking bays and sanitary sewer along Mt. Vernon Avenue and Clark Street. Council approved a change order to add this work to the Desoto Skillman project on July 23r Mr. Jones has signed an assessment waiver for the cost of the work. The next step is to hold the public hearing and adopt the assessment roll. Background As part of the Desoto Skillman Area Street Improvements, parking bays have been added along Mt. Vernon Avenue for the town homes managed by Mr. Jones. A sanitary sewer extension was also added to the project at the request of Mr. Jones to provide gravity sewer to one of the town homes along Clark Street. Mr. Jones has agreed to finance the cost of this work, which totals $19,265.13, and has signed an assessment waiver. The final assessment roll is attached. The assessment roll identifies assessing the benefiting properties a total of $19,265.13. BUDGET IMPACT There will be no impact to the budget at this time. RECOMMENDATION It is recommended that the city council approve the attached resolution for the adoption of the assessment roll for the Desoto - Skillman Area Street Improvement Project, City Project 06 -16. Attachments: 1. Resolution: Adoption of the Assessment Roll 2. Assessment Roll 3. Location Map RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on September 10 2007, calling for a Public Hearing, the assessment roll for the Desoto - Skillman Area Street Improvements, City Project 06 -16, Sanitary Sewer and Parking Bay Improvements, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: As of October 1 st, 2007, no objections have been filed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on October 22 2007, as to their recommendations for adjustments. 2. The assessment roll for the Desoto- Skillman Area Street Improvements, City Project 06 -16, Sanitary Sewer and Parking Bay Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2008 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 7, 2007, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 7, 2007, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after November 7, 2007, but no later than November 15, 2007, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 8 th day of October 2007. • • I Cl) Z uj 2 uj 0 w 0. 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BELMONT LN. Lake Ln 0 J cn SKILLMAN AVE. SKILL AV E. BEL to UAVE. F O (D ry :2 < 111 1 0 0 o ry < ry C/-) GATE WAY SUMMER n CL < MT VERNON M AVE. Li C/) LL LL J 7 RIPLEY Cn _J < 0 0 0 1 TOENJES tRosel awn Ed erton g Park A LLL" ry < 0 Western z PL. < M ry RIP LE < Cn PL Park AVE. w 0 ry 0 V Lu AVE BELLW o d. AV E. BEL LVVUUU I Cn AVE. I— C/-) GATE WAY SUMMER E. LLJ ry SUMMER LN. n CT. Lj RIPLEY Cn 4, SU MER D — u I— CD 71 Western z PL. < M ry RIP LE < KINGSTON AVE. Hills 0 w NO SCALE Proposed Capital Improvement Plan for 2007 Desoto-Skillman Area Street Improvements City Project 06-16 0 Cn I Cn AVE. I— C/-) GATE WAY Cn Cf) RIPLEY AVE. 4, Cn A '5 I— CD 71 n M < KINGSTON AVE. w 0 ry 0 V Lu PRICE '� z 7 n C 0 n < H P < AVE n NO SCALE Proposed Capital Improvement Plan for 2007 Desoto-Skillman Area Street Improvements City Project 06-16 0 Agenda Item F2 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Michael Thompson, Civil Engineer II SUBJECT: Pond Overlook Public Improvement (2161 County Rd D), Project 07 -08 1. Assessment Hearing, 7:15 p.m. 2. Approve Resolution for Adoption of Assessment Roll DATE: September 27, 2007 INTRODUCTION/BACKGROUND The property owner has been mailed a notice of the exact amount of the assessment, as well as notice that they must submit a written objection either at or prior to the hearing if they disagree with the assessment amount. The city council should conduct the assessment hearing, receive any objections, and refer objections to the staff for action at the October 22, 2007 council meeting. If there is no objection to the assessment amount then the roll should be adopted on the date of the assessment hearing, October 8, 2007. This is a developer driven project with only the developer property being assessed. Bids for construction were received and subsequently opened on Wednesday August 22, 2007 and a construction contract was awarded on August 27, 2007 to Northdale Construction in the amount of $107,606.75. The public improvements (installation of the public road and utilities) have begun and the developer has signed all necessary developer agreements and provided the letter of credit. The city council should consider approving the attached resolution for the adoption of the assessment roll. Once the adoption of the assessment roll is enacted the city can release the developer's letter of credit in the amount of $329,000 upon a written request for release. It should be noted that the assessment roll currently proposed for adoption is different from the assessment roll amount of $163,955.52 accepted on September 10 2007. The assessment amount has been reduced to $148,116.77. This property owner has been mailed the revised assessment amount. Assessment Objections Filed No objections have been received to date. Changes to Assessment Roll As stated above, a change to the assessment roll accepted at the September 10 2007 Council meeting was necessary. The change is listed below: Parcel ID: 353022440011 ➢ 2161 County Road B — Assessment revised from $163,955.52 to $148,116.77. BUDGET IMPACT The proposed assessment falls well within the original financing plan, approved in June 25, 2007, of $263,427. The developer property will be fully assessed the revised amount of $148,116.77 over an eight calendar year period. Therefore there is no impact on the original financing plan. This final developer assessment amount consists of the construction contract cost plus engineering costs associated with Agenda Item F2 design, soils testing, quality testing and reports, review, televising the newly placed sanitary sewer line, permits, survey & staking, inspections, as- builts, and administration fees. The developer posted an $8,608.54 cash escrow for construction contingencies in order to avoid unnecessary assessment costs. Any overruns in the construction costs will tap into the cash escrow provided. And any unused escrow will be returned to the developer. RECOMMENDATION It is recommended that the city council approve the attached Resolutions for the Adoption of the Assessment Roll for Pond Overlook Public Improvements (2161 County Road D), City Project 07 -08. Attachments: 1. Resolution: Adoption of the Assessment Roll 2. Assessment Roil 3. Location Map RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on September 10th, 2007, calling for a Public Hearing, the assessment roll for the Pond Overlook Public Improvements (2161 County Road D), City Project 07 -08, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, due to a revision to the previously accepted assessment roll, the following changes were necessary, and the assessment roll shall be amended as follows: 1. Parcel ID 353022440011— 2161 County Road D E — Assessment revised from $163,955.52 to $148,116.77. WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. None. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review objections received and report to the City Council at the regular meeting on October 22, 2007, as to their recommendations for adjustments. 2. The assessment roll for the Pond Overlook Public Improvements (2161 County Road D) as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted_ Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 8 years, the first installments to be payable on or before the first Monday in January 2008 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 7, 2007, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 7, 2007, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after November 7, 2007, but no later than November 15, 2007, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 8th day of October 2007. POND OVERLOOK FINAL ASSESSMENT INFORMATION PUBLIC IMPROVEMENTS CITY PROJECT 07 -08 1 of 1 STREET PROPERTY PARCEL ID TAXPAYER STREET NUMBER ASSESSMENT 353022440011 ANDRUS INVESTMENTS INC. 2161 COUNTY ROAD D E $148,116.77 TOTALS= $148,116.77 1 of 1 EXHIBIT I iii Heijt�ts Park Playc rest Park 11 N MEMORANDUM g e n a item 3 TO: Maplewood City Council FROM: H. Alan Kantrud, City Attorney Rose Lorsung, Senior Planner, Schoell Madson Inc. DATE OF REPORT: October 2, 2007 DATE OF MEETING: October S, 2007 RE: South Maplewood Study—Moratorium Extension OVERVIEW The City of Maplewood passed a moratorium on November 13, 2006 in order to study the existing and planned land uses and future zoning for all parcels south of Carver Avenue (see attached ordinance). The City then hired Schoell Madson this year to begin the phase one portion of the study which involved the public input component. The City conducted a total of four community meetings where all the issues outlined in the moratorium ordinance were discussed by the City and interested citizens. From these meetings and additional research, Schoell Madson prepared an Executive Summary and reported back to the City Council for further consideration. On August 16, 2007 the City Council authorized Schoell Madson to begin phase two of the study which includes updating the land use map and text, and the implementation items including a Comprehensive Plan amendment and new zoning. REQUEST Schoell Madson, in order to adequately study the proposed new land uses, natural resource protection and other components, and to provide the City with the best possible recommendation, requests a 120 -day extension to the moratorium. The purpose of the moratorium was to allow City staff, City Council, advisory boards and planning consultant time to work on the comprehensive components of the study area and to develop land use strategies and new zoning that the City can implement once the moratorium expires. As you know, the City is moving forward with the study and ideas are being developed around many of the moratorium study variables, especially those that were reoccurring themes during the public investment process. The Environmental and Natural Resources and Planning Commissions are both in the process of reviewing proposed new land uses and natural resource protection strategies. REASONING The City is required to pass a resolution before the end of the moratorium that indicates what the outcome of the study is and what the implementation tools are. As you know, the City is now in the state - statute required process of updating the Comprehensive Plan which includes an in -depth look at all land use in the City and natural resource protection and open space planning. South Maplewood Study: Moratorium Extension 1 Schoell Madson did take a preliminary look at the relationship of the proposed new land use designations in the study area to the regional planning requirements for density and other factors as a part of the first phase of the project. However, it is our professional opinion that the land use changes and natural resource protection measures should now merge with the larger Comp Plan update to the Metropolitan Council. The original scope has our firm doing a Comp Plan Amendment before the actual update but some time has passed and the two projects arc now too close to one another to make the stand -alone Amendment a feasible outcome. The 120 -day extension will give the City the time needed for continuing the effort while postponing any potential development/redevelopment in this area until the City Council has adopted a land use plan to guide future changes. By this time, the City will be well on its way to finalizing the Comprehensive Plan update to the Metropolitan Council if not completely finished with the process. RECOMMENDATION Adopt the resolution extending the development moratorium for the South Maplewood Study Area for 120 days from the expiration of the current interim ordinance, November 12, 2007.. ATTACHMENTS 1. Moratorium Ordinance 2. Resolution for Extension South Maplewood Study: Moratorium Extension 2 ORDINANCE NO. AN ORDINANCE FOR THE PURPOSE OF A CONTINUATION OF THE PROTECTING THE PLANNING PROCESS AND FOR DEVELOPING LAND USE AND ZONING STANDARDS FOR THE AREA SOUTH OF CARVER AVENUE IN MAPLEWOOD, MINNESOTA The area under consideration in this ordinance (hereinafter referred to as the "South Maplewood Study Area ") includes the land south of Carver Avenue in Maplewood (refer to the South Maplewood Study Area map attached for the exact location). The Maplewood City Council ordains: SECTION 1. PURPOSE 1.01 The City of Maplewood is currently conducting a study that includes land use, zoning and planning components for the area south of Carver Avenue. 1.02 The objective of the extension of this study is to review existing and planned land uses and zoning designations and the existing natural and constructed features in the south Maplewood study area. Schoell Madson is recommending a natural resource inventory for the study area in order to create a greenway corridor and the inventory can't be completed until next year if council authorizes. From this information, the city may make changes to the comprehensive plan as well as part of its Comprehensive Plan update for 2008 as required by state law. The Comprehensive Plan update is just beginning, and the new land use should be recommended after reviewing the entire City. Also, the parks, trails and open space component of the Comp Plan addresses the natural resource and open space land use development approach and therefore the strategies should be studied and finalized as a part of that chapter. We are in the process of developing a greenway corridor and incentive -based zoning for a wide range of densities for those properties adjacent to or within the corridor of the study area. The new zoning would be natural resource protection and enhancement oriented and because this is a new concept for the City, we need more time to complete the land use study in the area to create better - planned and constructed developments and neighborhoods and to dovetail with the Comprehensive Plan update we are now in the process of developing. 1.03 In addition to the study, the city may need to revise the city's zoning ordinance, zoning map, land use map and comprehensive plan because of the following issues: - Land use - Minimum lot sizes Public utility availability Building setbacks Open space Mississippi River Critical Area Corridor Metropolitan Council Requirements Pedestrian flow and safety - Parking Historical features 18 - Topography - Wetlands, ponding and other water features - Storm -water systems Housing density 1.04 There is a need for the city to do these studies and more studies may be needed as a result of the comp plan discussions so that the city staff and the city council will have current and relevant information before considering or making any changes to the city's zoning ordinance zoning changes are a part of the implementation chapter of the Comp Plan and would be instituted all at once after the Comp Plan is done; land use should change before zoning for the area south of Carver Avenue. SECTION 2. DEVELOPMENT AND REDEVELOPMENT STUDY; MORATORIUM 2.01 The city council authorizes the city staff to continue this study. City staff shall coordinate this study with the planning commission, other government agencies, property owners, interested citizens, the city council and any other entities that may provide input to the study. 2.02 Upon completion of the study extension, city staff will present the study and its results to the planning commission for their review and recommendation to the city council. 2.03 A moratorium - extension on development in the south Maplewood Study Area is adopted pending completion of the study and/or the adoption of any amendments to the city's zoning ordinance, zoning map, land use map or comprehensive plan as the city deems necessary because of the study. The city will not approve any new development, subdivision or building permit for a new building, except for those parcels that are two acres in size or smaller and now of record during the moratorium period. Maplewood may issue building permits for the expansion or remodeling of existing structures, for accessory structures or for one new principal structure on an existing lot of record where the owner does not subdivide the property. SECTION 3. TERM 3.01 The term of ordinance shall be for one hundred and twenty (120) days from the termination of the existing interim ordinance, or until the city council adopts amendments to the city's zoning ordinance, zoning map, land use map or comprehensive plan as the city deems necessary because of the study or the city council takes any action that directly impacts the study or the ordinance. SECTION 4. VARIANCES 4.01 The city council, at their discretion, may grant variances from this ordinance based upon a determination that a proposed subdivision or development would be compatible with proposed land use and zoning, and that such proposals would keep with the spirit and intent of this ordinance. The procedures to be followed in applying for a variance from this ordinance shall be in accordance with state law on findings for variances and shall include the following: 19 a. The applicant shall file a completed application form, together with required exhibits, to the Community Development Department. b. The application for a variance shall set forth special circumstances or conditions which the applicant alleges to exist and shall demonstrate that the proposed subdivision or development is compatible with existing or proposed land use and zoning. C. The city will submit the application to the planning commission for their review and recommendation to the city council. d. The city council may set, at its discretion, a public hearing before making a final determination on the requested variance. e. The city council may impose such restrictions upon the proposed subdivision or development as may be necessary to meet the purpose and intent of this ordinance. SECTION 5. EFFECTIVE DATE 5.01 This ordinance shall take effect after the city publishes it in the official newspaper. The Maplewood City Council approved this ordinance on November , 2006. Mayor Attest: City Clerk 20 Agenda Item F4 Knaak & Kantrud, P.A. A T T O R N E Y S AT LAW OF COUASEL: Tom Dailey Don Kohler the Association MEMORANDUM DATE: 4 October 2007 H. Alan Kantrud hakantrudoklaw.us direct: 612 -743 -4242 114 Qualified Neutral by Minnesota State Bar TO: City Manager, Greg Copeland RE: Sign Code Ordinance and Clear Channel Dynamic Display INTRODUCTION Clear Channel has operated a billboard sign at Highwood and I -494 for many years on an ongoing legal non - conforming use status. Clear Channel, the sign - operator, conducted certain repairs and renovations of their sign located along I -494 in February 2007 pursuant to a previously- submitted request to do so, but did so without specific authorization to expand the use of their sign to include the, "dynamic," changing sign - face that is now capable of doing. This expansion has been and continues to be in violation of our general prohibition on signs that, "change in color or illumination," and therefore has been technically illegal upon its activation, by our interpretation of our Code. DISCUSSION While Clear Channel has not acknowledged that their billboard (sign) violates our ordinance, per se, they have acknowledged that their original application to perform maintenance on the sign did not include the addition of the, "dynamic," portion of the sign-face. This problem was immediately identified by planning staff and a letter informing the sign - operator was sent giving the operator a period of time to rectify the situation. Staff, including myself and the City Manager, met with the operators of the sign early on, following the receipt of the letter from our planning staff, and determined that we would try to work with them and resolve the issue. It was agreed at the time that since the matter was in litigation with the City of Minnetonka, we would let that process continue and that the Maplewood matter would be resolved in due course. We all agreed to disagree about the interpretation of the sign ordinance. The Minnetonka matter was handled by way of the City (Minnetonka) getting sued for, "unplugging," the sign Clear Channel activated. The LMCIT was then contacted and the matter referred to them. John Baker, of Greene Espel, was assigned the case and he worked with the City's attorney, Desyl Petersen, and, with the help of a Hennepin County District Court Judge, the matter was eventually resolved amicably and with the adoption of a new sign ordinance regarding Dynamic Displays as well as an Agreement with Clear Channel regarding future operations of such signs (see the attached Agreement and Ordinance). Incidentally, the Agreement acknowledged the benefit of such signage to the City and incorporated a lengthy analysis on the safety of the signs (see the attached study, Exhibit A). Many cities adopted, "moratoriums," on such signs as a result of the Minnetonka experience. One of which was Eagan. Eagan conducted an examination of the effects and consequences of having Dynamic Displays and has now concluded that they are a benefit and not a detriment to their citizens and have adopted an ordinance authorizing these types of displays (that vote was on October 2, 2007). At the time and for our purposes the decision was made not to engage Clear Channel with a battle in the courts for a couple of reasons: The first was, simply, that the strategy of just, "unplugging," the sign (like Minnetonka did) would not have been productive. Such a move would have resulted in litigation that would have undoubtedly triggered another, "defense of claim," file with the LMCIT. We had enough litigation pending with the League at that point to make that option unsavory. I'm confident that we would have received the benefit of League representation; but at what cost? Presumably, further, protracted, litigation at our expense —and to potentially no better or different end than that which Minnetonka eventually settled fora settlement that all agreed was a good conclusion to the situation and the litigation. The second was to engage Clear Channel in a tortured process whereby we would find a way to somehow authorize their new display. This option included Clear Channel applying for a variance for their display. Your lawyer as well as Clear Channel's agreed that the standard of review for a, "variance," would not apply to their situation; you cannot, by variance, authorize that which is strictly prohibited. Again, we agreed to disagree, but this time with resolution in mind. Staff has suggested now that a special use permit may be a vehicle by which the City can both authorize the Dynamic Display being employed by Clear Channel as well as keep some measure of control on its effect in the community. The operators of the sign have agreed to be subject to that process and potential limitation that a permit would entail. It is my hope that the standards that have become policy in other suburban cities will prevail here based on the great weight of evidence and study that those cities have conducted. The suggested move on the part of Council is to adopt a minimalist approach to the problem and strike - through the portion of the Code that, under strict interpretation, prohibits the Dynamic Display currently being operated by Clear Channel. This is a surgical removal to be sure and does not affect any other aspect of the sign code. In addition to the deletion of the language in the Code, this change will precipitate the presentation of the revisions to the sign code originally suggested by the CDRB back in 2006. The hope is that the Planning Commission will also take up a, "Dynamic Sign," code amendment consistent with that which other cities have now considered and adopted as well as bring to Council all the other modifications contemplated by that body. By written Agreement with Clear Channel, the operator knows that any future expansion of a billboard will be subject to the tenets of our presumably hereinafter adopted regulation of such, "Dynamic Displays," and limited in number. (See attached Exhibit B, the Ordinance adopted by Eagan that addresses these signs) In terms of a settling with the City, the operator has agreed to install another Dynamic Display, at a cost of $100,000.00, on the monument space of the Maplewood Community Center and turn that sign over to the City for complete control and use. This Agreement is and would be in lieu of citing the operator for the ongoing violation of our sign code; an ongoing violation worth about $240,000.00 that likely would be challenged and not imposed by a district court —which would have the ultimate authority to levy a fine —the revenue of which the City would get a mere portion of .. (See attached Exhibit D for mock -up of the sign) This redaction does not in any way authorize the use or employment of any signs that otherwise would violate the City's prohibitions on other signs that employ movement in their regular operation; the signage at issue only offends that portion of the code that prohibits changes in color or illumination. Agreements with other parties regarding their signage would, of course, be honored. RECOMMENDATION That the City Council conduct a first reading of the modification recommended below that includes the deletion of the words in the prohibited section of the sign code, specifically: See. 44 -737. Prohibited signs generally. Signs that are not specifically permitted in this article are hereby prohibited. The following signs are specifically prohibited: (1) Balcony signs and signs mounted or supported on a balcony. (2) Any sign that obstructs any part of a doorway or fire escape. (3) Signs that have blinking, flashing or fluttering lights or- eeler Signs that give public service information such as time and temperature are exempt. 2. That the City Council refer the change to the Planning Commission and/or the Community Design Review Board for their consideration and input and further recommendation regarding the Dynamic Display ordinance; 3. That the City Council review the framework for settlement with Clear Channel and approve it as to form. "DYNAMIC" SIGGNAG-E: RESEARCH RELATED TO DRIVER DISTRACTION AND ORDINANCE RECOMMENDATIONS Submitted by SRF Consulting Group, Inc. Prepared for City of Minnetonka June 7, 20017 Al TABLE OF CONTENTS Page No. 1.0 INTRODUCTION .^.................................. .......................................................... | 3]] SELECTED RESEARCH FINDTNGS--...--,..---.—...---....--.---... % 3'1 Expert Opinions .................................................... ................. ........................ 3 3'2 Billboards 8 Source uf Driver Distraction? ................................................... 4 3.3 "Dynamic" BilTb8arda: an Additional Source of .......................................... 6 Driver Distraction? 3,3.1 Other Information .............................................................................. D 3.4 How Much Distraction Tmm Problem? ...................................... ..................... 10 3,5 How Does ^ mm" Affect Driver Distraction? ...................................... 15 3.6 Billboard and Other o .................................................. 16 Minnesota Perspective 3.7 Billboard and Other Signage Regulation: Other ............ ............................... 16 Perspectives 4.0 SUGGESTED REGULATORY APPROACH ........---.---..----_—.. ........ 19 4.1 Definitions ...................................................................................................... 19 4.2 Types of Regulatory Measures ...... ......................................................... ... 19 4.2.1 Complete or Partial Prohibition ofElectronic Signs .......................... 19 4.2.2 Size Limitations on Electronic Signs ........................................... ..... 20 4.23 Limitations mu Electronic Signs .............................. 20 4.2'4 Motion, Animation, or Video Limitations QD Electronic Signs ......... Z| 4,2.5 Sign Placement and Spacing .............................................................. 22 4.2/6 Text Size— ........ ................................................ ........ --- .............. ZZ 4.2.7 Brightness Limitations goElectronic Signs ' ....................................... 23 4.3 Public Review ................................... ........... ................................................ 24 510 CONCLUSIONS AND RECOMMENDATIONS .................................................... 25 Appendix /\—Current Sign Technologies Appendix B — Outdoor Advertising Sign Brightness Definitions Appendix C— Electronic Outdoor Advertising Device Visual Pcr{bommuoo Definitions LIST OF TABLES Pau No. Table 1: FHWA Reanalysis of Faustman's Findings ....................... ............................... 5 Table 2: Crash Causation Summary ................................................................................ 11 Table 3: Percentage of CDS Crashes Involving Inattention- ......................................... 12 Distraction Related Crash Causes Table 4: Specific Sources of Distraction Among Distracted Drivers: ............................ 12 Table 5: Telespot Sign Crash Rates - Expressway Sonthbound. ..................................... 13 Table 6: Telespot Sign Crash Rates-Expressway Northbound ........ ............................... 14 Table 7: Number of New Messages Displayed at Various Driver Speeds and ............... 21 Time Intervals Between Messages LIST OF FIGURES Page No. Figure 1: VicRoads' Ten Point Road Safety Checklist .................................................... 18 M 1.0 INTRODUCTION This study was precipitated by concerns raised by the City of Minnetonka, Minnesota in regard to the installation of two LED ("light emitting diode") billboards along Interstate 394 and Interstate 494. The LED function was applied to two existing "static" image billboards located adjacent to the interstate. Following installation of the LED function, the City turned off the power to the signs thought a stop work order based on current city ordinance prohibiting flashing signs, which is broadly defined, as well as permitting requirements for the retrofitting of the signs to the upgraded technology. The billboard owner sued the City, and the court response to this legal action as of the writing of this study has been to allow limited use of the LED billboards. A moratorium on further signage of this type was established by the City to facilitate the study of issues related to driver distraction and safety and appropriate regulatory measures for LED and other types of changeable signage. This study was undertaken on behalf of the City of Minnetonka to examine these issues. While the concerns were precipitated by LED billboards in particular, this report examines more broadly "dynamic" display signage, which is defined as any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. These capabilities may be provided by a variety of technologies which are discussed later in this report. As the study progressed, additional communities within the Twin Cities Metropolitan Area, as well as the League of Minnesota Cities, expressed interest in these issues. However, it is not the intention of this report to provide a comprehensive study of all issues raised by dynamic signage, or other types of billboards, but rather to focus -narrowly on the issues of concern to the City of Minnetonka. 2.0 PURPOSE OF STUDY AND METHODOLOGY Driving a motor vehicle is a complex task that requires the ability to divide one's attention. Simultaneously maintaining a steady and legal speed, changing lanes, navigating traffic and intersections, reading and interpreting street signs, drivers are often challenged by conditions that can change in the blink of an eye. Internal and external physical conditions can affect how safely the driving task is accomplished. Drug or alcohol intoxication, fatigue and/or distractions in the driving environment all can play a role in motor vehicle crashes. However, these conditions are rarely the sole reason for a crash. Rather, these conditions serve to exacerbate an already- complex driving environment and subsequent mistakes in judgment can lead to crashes. UT11 umm Increasingly complex traffic and roadway environments require greater attention to and foe on the driving task. The purpose of this study is to understand what existing transportation research tells us about the effects of dvnamic signs on motorists. This study also explores regulatory measures enacted in other jurisdictions to address concerns related to driver distraction. Due to time and scope constraints, this report is not comprehensive, but rather addresses the most frequently cited and easily accessible information available. The report concludes with a discussion of regulatory options for the City of Minnetonka to consider in their formulation of policies to address dynamic signage. information collected for this report draws from a variety of sources including interviews with subject matter experts, government and academic research, and policies developed to regulate various types of signage. Several city and county sign ordinances were used as references for policy and regulatory research. In some cases, ordinances were brought to our attention by planners and others following the sign ordinance issue. In others, Internet searches were conducted using words and references that apply specifically to dynamic signs. Several sign manufacturers and sign companies provided an industry perspective through a workshop with the SRF Consulting Group and the City of Minnetonka staff on February 27, 2007, This meeting yielded information about sign characteristics that can be addressed through policy and regulatory measures. Daktronics, a company that manufactures and markets LED signs, was also helpful- in this regard, providing informational materials about characteristics of signs that can be regulated and examples of city sign ordinances with which they are familiar. 3.0 SELECTED RESEARCH FINDINGS This following section presents a summary of expert opinions and selected driver distraction research conducted by government and academic researchers examining roadside signage and its effects on the driving task. Studies are organized around critical Questions with serious research ramifications. • Is there reason to believe that billboards are a source of distraction? • is there reason to believe that "dynamic" billboards are an additional source of distraction? • How much distraction is a problem? • Ho w does "b righ tn ess " af ,feet driver safety concerns? • How should billboards and other signage be regulated from a driver safety perspective? W7W'Q UU 3.1 Expert Opinions A combination of researchers and public policy experts were interviewed for this study. Individuals were identified while conducting background research into driver distraction and were interviewed because of their credibility in the field. Kathleen Harder, a researcher at the University of Minnesota, has conducted driver distraction research for a variety of applications, including research for Mn/DOT. She is an expert in the field of human factors and psychology. She indicated that electronic billboards pose a driver distraction threat because of their ability to display high resolution color images, their ability to change images, and their placement in relationship to the roadway, particularly in areas where the road curves, exits and entrances are present, merges, lane drops, weaving areas, key locations of official signs, and/or areas where roadways divide. Greg Davis, a researcher with the FHWA Office of Safety Research and Development, in Washington, DC was involved in the 2001 FHWA study on electronic billboards. He was interviewed to gain a deeper understanding of this critical study and to learn of recent research in this area. Davis stated that while no research has established a direct cause and effect relationship between electronic outdoor advertising signs and crash rates, the lack of such a research finding does not preclude a causal relationship between electronic billboards and crashes. He advocated for a new study that can control all variables and determine if a cause and effect relationship exists. Scott Robinson, an outdoor advertising regulator for Mn/DOT, wrote the 2003 technical memorandum that addresses allowable changes for outdoor advertising devices. Mr. Robinson indicated that the memo was originally written in 1.998 to establish a permitted rate of change for tri-vision signs and that the application to electronic billboards was not considered. The minimum change rate of 4.9 seconds for 70 mph roadways and 6.2 seconds for 55 mph roadways was based on the travel time between static signs spaced at the minimum allowed distance apart. Mr. Robinson also indicated that the memo is not a Mn/DOT policy, statute or rule, but rather it was written to provide internal guidance. Jerry Wachtel, an Engineering Psychologist and highway safety expert in private practice, was the lead author for the FHWA's original (1980) study on electronic billboards. He has continued his active involvement in this field, and advises Government agencies as well as the outdoor advertising industry on sign ordinances, sign operations, and the implications of the latest research on road safety. Mr. Wachtel believes that it is neither feasible from the perspective of research design and methodology, nor necessary from a regulatory perspective, to demonstrate a causal relationship between digital billboards and road safety. Rather, he believes that we have a strong understanding, based on many years of research, of driver information processing capabilities and limitations, and of the contributions to, and consequences of, driver distraction, on crash risk; and that this understanding is sufficient to support development of guidelines and ordinances for the design, placement, and operation of digital billboards so as to lessen their potentially adverse impact on road safety and traffic operations. I I'm Wachtel also offered comments on drafts of this report. In later conversations related to his review, Wachtel stated his belief that even though visual fixations on roadway signs decrease as route familiarity increases, a strength of the new digital billboards is that they can present messages that are always new. Thus, the conclusion from the 1980 FHWA study is another argument against these billboards; namely, drivers spend more time looking at the unfamiliar signs than at familiar ones, suggesting digital billboards are more dangerous than traditional fixed billboards. Wachtel also suggested his preference for a. goal to have any given driver experience only one, or a maximum of two, messages from an individual roadside sign. 3.2 Billboards: a Source of Driver Distraction? I The purpose of a sign is to attract the attention of passersby so that a message is conveyed. To the degree signs attract the attention of vehicle drivers, they may distract them from the activity of driving. While this report primarily examines the impact of dynamic roadside advertising, the rote traditional static advertising plays in driver distraction is discussed below. The relationship between roadside advertising and crash rates has been the subject of several studies. The majority of this research was conducted in the 19508, 60s and 70s. While some of the earliest studies have been subsequently criticized for flawed methodologies and improper statistical techniques, some findings emerge when the totality of the studies are examined. One of these findings is that the correlation between crash rates and roadside advertising is strongest in complex driving environments. For example, higher crash rates were found at intersections (generally considered a complex environment) that have advertising than those intersections that do not have advertising. A few of the studies that are important in this field are summarized below. Minnesota Department of Transportation Field Study (1951) and Michigan State Highway Department Field Study (1952) These two studies from the early 1950s used similar methods but came to significantly different conclusions. Recognized as the more scientifically rigorous study, the Minnesota study found that increases in the number of advertising signs per mile are correlated with increases in motor vehicle crash rates. It also found that intersections with at least four advertising signs experienced three times more crashes than intersections with no advertising signs. Conversely, the less rigorous Michigan study found the presence of advertising signs had no effect on the number of crashes. Iowa State College, Do Road Signs Affect Accidents? (Lauer & McMonagle, 1955) A laboratory test was created to determine the effect of advertising signs on driver behavior. The results of this study found removing all advertising signs from the driver's field of vision did not improve driver performance. When signs were included, driver performance was slightly better. Note that laboratory methods used in this study are considered to be dated by today's standards. W:1�1 Na Faustman (California Route 40) Field Study (1961)' and Federal Highway Administration, Reanalysis of Faustman Field Study (1973) Two studies that appear to have stood the test of time are Faustman's original analysis of California Route 40 and its re-examination by FHWA more than a decade later. The original analysis tried to improve upon previous research by limiting variables, such as roadway geometric design and roadway access controls. The FHWA reanalysis focused on disaggregating the data and converting actual crashes to expected crash rates on specific roadway sections. Each of the sections was given a value based on the number of billboards on the section. A linear regression was performed to determine the expected crash rates. An analysis of variance of the regression coefficients found that the number of billboards on a section was statistically significant. The reanalysis found a strong correlation between the number of billboards and crash rates as shown in Table 1. Table 1. FHWA Reanalysis cif Faustman's Findings. Federal Highway Administration Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable-Message Signage (Wachtel & Netherton, 1980) 6 This extensive review provides a comprehensive discussion of roadside advertising research as of 1980. The study authors noted "attempts to quantify the impact of roadside advertising on traffic safety have not yielded conclusive results." The authors found that courts typically rule on the side of disallowing billboards because of the "readily understood logic that a driver cannot be expected to give fall attention to his driving tasks when he is reading a billboard." Because the distraction evidence is not conclusive, these decisions were generally not based on empirical evidence. The research review noted that accident reports often cite "driver distraction!' as a default category used by uncertain law enforcement officers who must identify the cause of a crash. As a result, the authors believe crashes due to driver distraction are not always properly identified. In addition, law enforcement officers often fail to indicate the precise crash locations on crash reports, making it difficult to establish relationships between crashes and roadside features. I Ok Expected No. of Cumulative Increase No. of Billboards Accidents in a in Accident Rate 5-year Period 0 5.92 1 6.65 12.3 2 7.38 24.2 3 8.11 37.0 4 8.84 49.3 5 9.57 61.7 Federal Highway Administration Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable-Message Signage (Wachtel & Netherton, 1980) 6 This extensive review provides a comprehensive discussion of roadside advertising research as of 1980. The study authors noted "attempts to quantify the impact of roadside advertising on traffic safety have not yielded conclusive results." The authors found that courts typically rule on the side of disallowing billboards because of the "readily understood logic that a driver cannot be expected to give fall attention to his driving tasks when he is reading a billboard." Because the distraction evidence is not conclusive, these decisions were generally not based on empirical evidence. The research review noted that accident reports often cite "driver distraction!' as a default category used by uncertain law enforcement officers who must identify the cause of a crash. As a result, the authors believe crashes due to driver distraction are not always properly identified. In addition, law enforcement officers often fail to indicate the precise crash locations on crash reports, making it difficult to establish relationships between crashes and roadside features. I Ok Accident Research Unit, School of Psychology, University of Nottingham Attraction and distraction of attention with roadside advertisements (Crundall et al., 2005) 7 This research used eye movement tracking to measure the difference between street-level advertisements and raised advertisements in terms of how they held drivers' attention at times when attention should have been devoted to driving tasks. The study found that street-level advertising signs are more distracting than raised signs. 3.3 "Dynamic" Billboards: an Additional Source of Distraction? Signage owners or leasers want to incorporate dynamic features into their signage for a number of reasons: to enhance the sign's ability to attract attention, to facilitate display of larger amounts of information within the same sign area, to conveniently change message content, and to enhance profitability. As mentioned earlier, this report uses the term "dynamic" signs to refer to non - static signs capable of displaying multiple messages. Several studies documented the ability of a sign to accomplish the first of these goals. University of Toronto Observed Driver Glance Behavior at Roadside Advertising Signs (Beijer & Smiley, 2004) 8 Research done at the University of Toronto compared driver behavior subject to passive (static) and active (dynamic) signs. The study found that about twice as many glances were made toward the active signs than passive signs. A disproportionately larger number of long glances (greater than 0.75 seconds) taken were toward the active signs. The duration of 0.75 seconds is important because it is close to the minimum perception- reaction time required for a driver to react to a slowing vehicle. For vehicles with close following distances, or under unusually complex driving conditions, a perception delay of this length could increase the chance of a crash. The following findings were reported in this study: • 88% of the subjects made long glances (greater than 0.75 seconds). • 22% of all glances made at all signs were long glances (greater than 0.75 seconds). 20% of all the subjects made long glances of over two seconds. As compared to static and scrolling text signs, video and tri-vision signs attracted more long glances. Video and scrolling text signs received the longest average maximum glance duration. • All three of the moving sign types (video, scrolling text and tri-vision) attracted more than twice as many glances as static signs. FAUI Uhm University of Toronto Impact of Video Advertising on Driver Fixation Patterns (Smiley et al., 2001) Another study completed at the University of Toronto used similar eye fixation information in urban locations to show that drivers made roughly the same number of glances at traffic signals and street signs with and without full-motion video billboards present. This may be interpreted to mean that while electronic billboards may be distracting, they do not appear to distract drivers from noticing traffic signs. This study also found that video signs entering the driver's line of sight directly in front of the vehicle (e.g., when the sign is situated at a curve) are very distracting. City of Seattle Report (Wachtel, 2001) 10 The City of Seattle commissioned a report in 2001 to examine the relationship between electronic signs with moving/flashing images and driver distraction. The report found that electronic signs with moving images contribute to driver distraction for longer intervals than electronic signs with no movement. Following are major points made in the report: • New video display technologies produce images of higher quality than previously available technologies. These signs have improved color, image quality and brightness. • New video display technologies use LEDs with higher viewing angles. Drivers can read the sign from very close distances when they are at a large angle from the face of the sign. • Signs with a visual story or message that carries for two or more frames are particularly distracting because drivers tend to focus on the message until it is completed rather than the driving task at hand. • Research has shown that drivers expend about 80 percent of their attention on driving related tasks, leaving 20% of their attention for non-essential tasks. • The Seattle consultant suggests a "10 second rule" as the maximum display time for a video message. The expanded content of a dynamic sign also contributes to extended distraction from the driving task. The Seattle Report examined how this may be due in part to the Zeigarnik effect which describes the psychological need to follow a task to its conclusion. People's attention is limited by the ability to only focus on a small number of tasks at a time, and by the tendency to choose to complete one task before beginning another. In a driving environment, drivers' attention might be drawn to the sign rather than the task of driving because they are waiting to see a change in the message. This loss of attention could lead to unsafe driving behaviors, such as prolonged glances away from the roadway, slowing, or even lane departure. • While the Zeigarnik effect may be present in a wide variety of driving situations, possible scenarios that could affect drivers include: • A scrolling message requires the viewer to concentrate as the message is revealed. Based on the size and resolution of the sign, and the length of the message, this could range from less than one second to many seconds. • A sequence of images or messages that tell a story, during which the driver's attention may be captured for the entire duration that the sign is visible. Instead of merely glancing at the sign and then returning concentration to the driving task, more attention may be given to the message. • Anticipation of a new image appearing, even if the expected new image is not related to the first image. In this case, the driver may be distracted while waiting for the change. Federal Highway Administration Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable-Message Signage (Wachtel & Netherton, 1980) 11 This research provides information on the use of on-premise Commercial Electronic Variable-Message Signs (CEVMS) that display public service information (i.e,. time and temperature) and advertising messages along the Interstate highway system. The research found the following major considerations: • Highway Safety Considerations The link between changing messages that attract drivers' attention and crashes has been an issue of concern since the earliest forms of electronic signage became available. This study thoroughly reviewed the literature seeking information regarding a potential link between CEVMS and crashes: "Although a trend in recent findings has begun to point to a demonstrable relationship between CEVMS and accidents, the available evidence remains statistically insuffieient to scientifically support this relationship. " The study also noted that studies have not documented information about "such occurrences as 'near misses' or traffic impedances that are widely recognized as relevant to safety, and which may or may not be attributable to the Presence of roadside advertising." • Human Factors Considerations Human factors relate to all the elements that explain driver behavior, such as eye glances and driver responses to a variety of driving-related stimuli. The study makes the point that simple driving-related tasks consume relatively little information processing capacity. However, when other conditions, such as congestion, complicated roadway geometries, or weather are also considered, the marginal extra r1%K1 6i� amount of attention required to read roadside advertisements could lead to driving errors that could cause crashes. "The enormous flexibility of 'display possessed by CEVIVS makes it possible to use them in ways that can attract drivers' attention at greater distances, hold their attention longer, and deliver a wider variety of information and image stimuli than is possible by the use of conventional advertising signs. " Texas Transportation Institute for FHWA, Impacts of Using Dynamic Features to Display Messages on Changeable Message Signs (Dudek et al., 2005 } ' 2 This study examined the comprehension times for three different scenarios for DOT-operated changeable message signs. The scenarios evaluated were • Flashing an entire one-phase message • Flashing one line of a one-phase message while two other lines of the message remain constant • Alternating text on one line of a three-line CMS while keeping the other two lines of text constant on the second phase of the message The findings of this study were: Flashing messages did not produce faster reading times. • Flashing messages may have an adverse effect on message comprehension for unfamiliar drivers. • Average reading times for flashing line messages and two-phase messages were significantly longer than for alternating messages. • Message comprehension was negatively affected by flashing line messages. While this research did not evaluate advertising-related signs, it does demonstrate that flashing signs require more of the driver's time and attention to comprehend the message. In the case of electronic billboards, this suggests that billboards that flash may require more time and attention to read than static ones. 3.3.1 OTHER INFORMATION NHTSA Driver Distraction Internet Forum (2000) " The National Highway Traffic Safety Administration held an internet forum to gather research and public comment related to driver distraction with an emphasis on the use of cell phones, navigation systems, wireless Internet and other in-vehicle devices. During this forum, participants were invited to take a poll to determine the most prominent driver A912 distraction issues. Electronic billboards were identified as one of six noted sources of distraction. Parliament of Victoria, Australia, Report of the Road Safety Committee on the Inquiry into Driver Distraction (2006 } This report identified road signs and advertising as one of the largest sources of driver distraction. At least three billboards near Melbourne, Australia display moving images. "The Committee considers these screens to be at the high end of potential visual distraction and accordingly, present a risk to drivers. " The study also included a quote from the Manager of the Road User Behaviour group at VicRoads (the State's road and traffic authority) from a December 2005 hearing: What we do know is when there is movement involved, such as flicker or movement in the visual periphery, that this is more likely to capture a driver's attention. We actually are hard-wired as human beings to movement, so particularly moving screens and information that scrolls at intersections and in highly complex driving situations — these are risky, and in particular researchers have been most concerned about those sort Qf advertising materials. This opinion would . suggest that electronic signs can present a distraction to drivers. 3.4 How Much Distraction Is a Problem? A number of studies were identified that discussed concerns with driver distraction generally. It should be noted that some of the studies cited use specific crash data that is ten or more years old. Direct comparison of distraction sources to influences of today may not be completely valid due to increased technological sophistication of distracting influences. These could include in- vehicle technology (e.g., navigation systems, MP3 players, DVD players, CD players, computer systems, etc.) as well as other potentially distracting influences (e.g., cell phones, text messaging, dynamic signage, other roadway elements, etc.) that were not commonplace when the data for these studies was collected: Australian Road Research Board Investigations of Distraction by Irrelevant Information (Johnston & Cole, 1976) is This research used five experiments to test whether drivers could maintain efficient performance in their driving tasks while being subjected to content that was information rich, but irrelevant to driving. The findings were that a small, but statistically significant amount of performance degradation was observed when the participant was under a critical load of stimuli. 413 National Highway Traffic Safety Administration/ Virginia Tech Transportation Institute Impact of Driver Inattention on Near CrashICrash Risk: An Analysis Using the 100-Car Naturalistic Driving Study Data (Klauer et al., 2006)' This study analyzed the data from a driving database developed by the National Highway Traffic Safety Administration, This database contained exhaustive data recorded by instrumented vehicles that measured glance position, impairment, drowsiness, risk taking and many other parameters potentially involved in crash causation. Vehicles were instrumented so that an observer did not need to be in the vehicle to collect data. Automated data collection reduced the problem of an observer influencing driver behavior. The study found that glances of two seconds or greater doubled the risk of crashes or near-crashes. The study also found that 22 percent of crashes are accompanied by "secondary-task" distraction whether inside or outside the vehicle. National Highway Traffic Safety Administration/ Virginia Tech Transportation Institute Driver Inattention is a Major Factor in Serious Traffic Crashes (2001 )17 The National Highway Traffic Safety Administration commissioned a study to examine the causes of crashes. The study gathered information from four areas throughout the country and used data from the National Automotive Sampling System (NASS) from April 1996-April 1997 for analysis. The geographic areas were selected because they had good crash investigation practices and high interview completion rates. The results of this study are summarized in Table 2. Table 2. Crash Causation Summary Association for the Advancement of Automotive Medicine The Role of Driver Inattention in Crashes; New Statistics from the 1995 Crashworthiness Data System (Wang, 1996) This report analyzed the NHTSA 1995 Crash Worthiness Data System (CDS). It found that the greatest source of driver distraction (3.2 percent) was due to a specified person, object or event outside the vehicle. The full results of the study are presented in Table 3. �k,14 Percentage of Drivers Causal, Category Contributing to Causation Driver Inattention 22.7 Vehicle Speed 18.7 Alcohol Impairment 18.2 Perceptual Errors 15.1 Decision Errors 10.1 Incapacitation 6.4 Other 8.9 Association for the Advancement of Automotive Medicine The Role of Driver Inattention in Crashes; New Statistics from the 1995 Crashworthiness Data System (Wang, 1996) This report analyzed the NHTSA 1995 Crash Worthiness Data System (CDS). It found that the greatest source of driver distraction (3.2 percent) was due to a specified person, object or event outside the vehicle. The full results of the study are presented in Table 3. �k,14 Table 3, Percentage of CDS Crashes Involving Inattention-Distraction Related Crash Causes Data Element %of Dfivm % Of Crashes Attentive or not distracted 46.6% 28.4% Looked but did not see 5.6% 93% Distracted Y other o=u ant jsp!c±edl 0.9% 1.6% Distracted b y vn� obi in vehicle L 0.396 0.5%1 _*t Distraoted While dialing, talking, or 1—ig—Ling, ttucCl-ular phone pocation, and !Me of one !Rwifiedl 0.1%0 0.t� d Distracted whfla,!!d LusttLg climatecon"Is 0.2%0 0,3%0 Distracted while radio, cassette, CO Nredfiedl 1.2% 211% Distracted while using other device/Object in vehiole 0A% 0.2% St or fell as 1.596 2.6% Distr%otod b y outside person, pb*4, rir event [$E2ifi0d) 10% 3.2% atilt or tlt litkiii 0.1% 0.2 % Smoking:r!!ated 0.1% 0.2% Distractedlinattentivo, details unknown 1,5 6 2.6% 10ther distraction UP 111% 12% . !ci — liadl Itinknown/No, Driver 38.591 Weighted driver N - 4,627iOOO (7,943, U0W0JShtad) Weighted cash N - 2,619,QW (4,536), En order for a crush to classified "attentive," All involved drivers had to be classified "attentive," 0 - estimate b" on 5-9 Cases. University of North Carolina Highway Safety Research Center The Role of Driver Distraction in Traffic Crashes (Stutts et al., 2001)' A study prepared by the University of North Carolina Highway Safety Research Center for the AAA Foundation for Traffic Safety examined the sources of driver distraction in traffic crashes. The data came from the CDS from 1995-1999. Of the thirteen specific sources of distraction tracked by the study, the greatest source of distraction was an outside person, object or event. While the study does not break down the sources of outside distraction, it does show that distractions outside the vehicle are the largest factor in distraction-related crashes. The results of this study are presented in Table 4. Table 4. Svecific Sources ofDistraction 4mong Drivers in Distraction Related Crashes FIXIB ANQ Percentage of Sp ecific Distraction p Drivers Outside person, object or event 29.4 Adjusting radio, cassette, CD 11.4 Other occupant in vehicle 10.9 Moving object in vehicle 4.3 Other device/object brought into vehicle 2.9 Adjusting vehicle/climate controls 18 Eating or drinking 1.7 Using/dialing cell phone 1.5 Smoking related 0.9 Other distraction 25.6 UnknoNvn distraction 9.6 Total 100.0 FIXIB ANQ Three studies were found which attempted to measure driver behavior specifically in response to dynamic signage. Two of these studies demonstrated a potential relationship between dynamic signage and crash rates: Minnesota Department of Transportation, The Effectiveness and Safety of Traffic and Non-Traffic Related Messages Presented on Changeable Message Signs (CMS) (Harder, 2004) "' This study used a driving simulator to measure the effect of Department of Transportation changeable message signs on traffic flow. The two messages evaluated were a "crash ahead" warning and an AMBER Alert (child abduction information). The research found that just over half of the participants used the "crash ahead" message and 60 percent could recall the AMBER Alert with scores of Good or Better. Over one fifth of the participants slowed down by at least 2 mph upon seeing the AMBER Alert, demonstrating that messages relevant to drivers are associated with changes in at least some drivers' travel speed. Decision of the Outdoor Advertising Board in the Matter of John Donnelly & Sons, Permitee, Telespot of New England, Inc., Intervenor, and Department of Public Works, Intervenor, with Respect to Permit Numbered 19260 as Amended (1976) 21 This proceeding documents the Commonwealth of Massachusetts Outdoor Advertising Board's ruling regarding one of the first changeable signs. This sign was located near an arterial road in Boston and used magnetic discs to portray a message that changed every 30 seconds. The original sign permit was rejected based on four criteria, one of which was safety. Upon appeal, the Massachusetts Department of Public Works allowed the permit based on the fact that the sign would give the public a benefit. However, they ultimately determined that the sign was a safety hazard based on crash rates before and after the sign was installed. Tables 5 and 6 show the change in crash rates. Table 5. Telespot Sign Crash Rates - Expressway Southbound 14316 Average Average Average per year per year Percent (1/111974 (11111973- Change 12131/1972) 3/31/1975) Crashes where the sign was viewable 29.0 20.0 -31.0 (north of sign) Crashes where the sign was not viewable 39.0 15.6 -60.0 (south of sign) 14316 Table 6. Telespot Sign Crash Rates - Expressway Northbound This analysis shows that while crash rates decreased on comparable sections in the years after the sign was installed, the sections where the sign was visible experienced smaller crash rate decreases. Due to these arguments, the Board ruled that the operation of the sign must be terminated. Wisconsin Department of Transportation Milwaukee County Stadium Variable Message Sign Study — Impacts of an Advertising Variable Message Sign on Freeway Traffic (1 994) " A study prepared by the Wisconsin Department of Transportation (WisDOT) examined crash rates before and after an advertising variable message sign was installed in 1984 on the Milwaukee County Stadium, home of the Milwaukee Brewers professional baseball team. Crash statistics were analyzed for the three years before and the one and three years after the sign was installed. As they are often associated with driver distraction, side-swipe and rear-end crashes, as well as total crashes, were examined for both the eastbound and westbound directions. The sign was much more visible to eastbound traffic due to the stadium's proximity to the roadway and the amount of visual obstructions for westbound traffic. The analysis found an increase in crash rates for all crash types in the eastbound direction after the sign was installed. Most pronounced was an 80 percent increase in side-swipe crashes after the first year of installation. Results in the westbound direction were mixed, with a 29 percent decrease in crashes the first year the sign was in place and a 35 percent increase in the three years the sign was in place. Although no control roadway sections were studied, an interview with the study author revealed that the introduction of a sign on a high volume curving roadway may have introduced enough distraction to an already demanding driving environment to explain the higher crash rate in the eastbound direction. The study author also stated that the study was not able to establish a causal relationship between the sign and the crash rates." Federal Highway Administration Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction (2001 z4 The Federal Highway Administration published a comprehensive report in 2001 that consisted of a literature search, literature review and a description of research needs for INX VA km� _Average per year Average per year Average (1/1/1970- (1/1/1973- Percent 12/31/1972) 3/31/1975) Change Crashes where the sign was viewable 46.3 42.7 -7.8 south of si tn Crashes where the sign was not viewable 8.0 1.8 -77.5 (north of sign) This analysis shows that while crash rates decreased on comparable sections in the years after the sign was installed, the sections where the sign was visible experienced smaller crash rate decreases. Due to these arguments, the Board ruled that the operation of the sign must be terminated. Wisconsin Department of Transportation Milwaukee County Stadium Variable Message Sign Study — Impacts of an Advertising Variable Message Sign on Freeway Traffic (1 994) " A study prepared by the Wisconsin Department of Transportation (WisDOT) examined crash rates before and after an advertising variable message sign was installed in 1984 on the Milwaukee County Stadium, home of the Milwaukee Brewers professional baseball team. Crash statistics were analyzed for the three years before and the one and three years after the sign was installed. As they are often associated with driver distraction, side-swipe and rear-end crashes, as well as total crashes, were examined for both the eastbound and westbound directions. The sign was much more visible to eastbound traffic due to the stadium's proximity to the roadway and the amount of visual obstructions for westbound traffic. The analysis found an increase in crash rates for all crash types in the eastbound direction after the sign was installed. Most pronounced was an 80 percent increase in side-swipe crashes after the first year of installation. Results in the westbound direction were mixed, with a 29 percent decrease in crashes the first year the sign was in place and a 35 percent increase in the three years the sign was in place. Although no control roadway sections were studied, an interview with the study author revealed that the introduction of a sign on a high volume curving roadway may have introduced enough distraction to an already demanding driving environment to explain the higher crash rate in the eastbound direction. The study author also stated that the study was not able to establish a causal relationship between the sign and the crash rates." Federal Highway Administration Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction (2001 z4 The Federal Highway Administration published a comprehensive report in 2001 that consisted of a literature search, literature review and a description of research needs for INX VA km� the topic of electronic billboards {EBBS). While the study did not conduct any new research, it does provide an excellent summary of the role electronic billboards play in traffic safety and includes good descriptions of the terminology related to electronic billboards. Selected findings from that synthesis are provided below: "In most instances, researchers were not able to verify that an EBB was a major factor in causing a crash. Only one study since the 1980 review and one lawsuit were identified. " "Studies were identified that verified that: an increase in distraction, a decrease in conspicuity, or a decrease in legibility may cause an increase in the crash rate. " "Commercial EBBS are designed to 'catch the eye' of drivers. Their presence may distract drivers from concentrating on the driving task and visual surrounds. " "There is indication that individual differences in age and driving experience may be important considerations in driver distraction, and are relevant to understanding driver responses to the external environment. Furthermore, research regarding driver familiarity of their route demonstrated that visual fixations on roadway signs decreases as route familiarity increases. This research may show that there is a difference between commuter and visiting drivers. Based on these findings, the FHWA recommended additional research to further demonstrate how roadway characteristics, sign characteristics and legibility, driver characteristics and other potential driver distractions affect traffic safety. FHWA was contacted to see if any new information was available. Greg Davis, a Research Psychologist with the FHWA Office of Safety R&D, indicated that the FHWA has not performed additional studies on the topic since the report was published. He stated that there is "no direct correlation between electronic outdoor advertising signs and crash rates". He referred to a before/after study of electronic signs installed along a freeway in Las Vegas that found no change in crash rates. He went on to say that the lack of a research finding that links signs with crash rates does not mean that a causal relationship does not exist. He indicated that he has been contacted by several law enforcement agencies regarding the link between driver distraction and dynamic message signs/electronic billboards. He indicated that this is a timely and pertinent topic for many states due to the increasing popularity and capabilities of electronic outdoor advertising devices, and he expects further research to be forthcoming. He advocates for a new study that can control for all variables and determine if a cause and effect relationship exists." 3.5 How Does "Brightness" Affect Driver Safety Concerns? The brightness of any sign, static or dynamic, raises concerns with discomfort or disability glare to the driver that may arise when viewing any lighted object. Disability Glare occurs when a "M driver is exposed to a light source so bright that it temporarily blinds the driver, impairing their ability to perform driving tasks. This temporary blindness is brief, but can be dangerous. Discomfort Glare occurs when a light source is bright enough to distract or encourage the driver to look away from the light, but is not blinding. Discomfort glare is of particular concern in cases where a bright sign is located in the same line of sight as a traffic sign, signal or another vehicle. While concerns about glare are not unique to dynamic signs, newer sign technologies, which often include dynamic components, have the technical capability to emit more light and/or respond to ambient light conditions, raising additional concerns about sign brightness in areas where signs compete with regulatory traffic signs or signals. 3.6 Billboards and Other Signage Regulation: a Minnesota Perspective Roadside signage is governed by policies and laws at the federal, state and local levels. Minnesota Statute, Chapter 173 seeks to "reasonably and effectively regulate and control the erection or maintenance of advertising devices on land adjacent to such highways." The statute requires adherence to federal statutes with respect to interstate and primary systems of highways. Minnesota Statute Ch. 173.16 Subd. 3. regulates lighting of signs. Signs which are "illuminated by any flashing light or lights, except those giving public service information" (time, date, temperature, weather or news) are prohibited. This section also states: (b) Advertising devices shall not be erected or maintained which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an interstate or primary highway, of such intensity or brilliance as to cause glare or impair the vision of the operator of any motor vehicle; or which otherwise interfere with any driver's operation of a motor vehicle are prohibited. and (c) Outdoor advertising devices shall not be erected or maintained which shall be so illuminated that they interfere with the effectiveness of or obscure any official traffic sign, device or signal. 3.7 Billboard and Other Signage Regulation: Other Perspectives During the course of this study, several articles were found which summarize regulation of dynamic signage in other states: Wisconsin Department of Transportation )2 Electronic Billboards and Highway Safety (2003 The Wisconsin Department of Transportation also published a literature review report to further explain the current state of EBB research. Although much of the information is FILIC Ell &.AJW mentioned in other sections of this report, the Wisconsin review did summarize Wisconsin's regulations for electronic billboards. • No message may be displayed for less than one-half second; • No message may be repeated at intervals of less than two seconds; No segmented message may last longer than 10 seconds; • No traveling message may travel at a rate slower than 16 light columns per second or faster than 32 columns per second (light column defined as pixel column); • No variable message sign lamp may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. National Alliance of Highway Beautification Agencies (1999) Although this survey is eight years old, it generated the following information related to electronic billboards: Nine states had specific regulations governing signs, • Nine states had regulations on tri-vision signs that were either being drafted or in pending legislation, • Fifteen states had regulations regarding moving parts and/or lights, Nine state had no regulations on tri-vision signs, and Six states and Washington, DC, prohibited tri-vision signs. An investigation into state outdoor advertising regulations was also conducted. • Thirty-six states had prohibitions on signs with red, flashing, intermittent, or moving lights, • Twenty-nine states prohibited signs that were so illuminated as to obscure or interfere with traffic control devices, and • Twenty-nine states prohibited signs located on interstate or primary highway outside of the zoning authority of incorporated cities within 500 ft of an interchange or intersection at grade or safety roadside area. Parliament of Victoria, Australia, Report of the Road Safety Committee on the Inquiry into Driver Distraction (2006) " This report, cited earlier for its driver distraction opinions, identifies road signs and advertising as one of the largest sources of driver distraction. VicRoads, the state's road and traffic authority, has implemented the following regulations. r."Mi Fi,aure 1. VicRoads' Ten Point Road Safety Checklist An advertisement, or any structure, device or hoarding for the exhibition of an advertisement, is considered to be a road safety hazard if it: I obstructs a driver's line of sight at an intersection, curve or point of egress from an adjacent property; or 2. obstructs a driver's view of a traffic control device, or is likely to create a confusing or dominating background which might reduce the clarity or effectiveness of a traffic control device; or 3. could dazzle or distract drivers due to its size, design or colouring, or it being illuminated, reflective, animated or flashing; or 4. is at a location where particular concentration is required (eg. high pedestrian volume intersection); or 5. is likely to be mistaken for a traffic control device, for example, because it contains red, green or yellow lighting, or has red circles, octagons, crosses or triangles, or arrows; or 6. requires close study from a moving or stationary vehicle in a location where the vehicle would be unprotected from passing traffic; or 7. invites drivers to turn where there is fast moving traffic or the sign is so close to the turning point that there is no time to signal and tam safely; or 8. is within 100 metres of a rural railway crossing; or 9. has insufficient clearance from vehicles on the carriageway; or 10. could mislead drivers or be mistaken as an instruction to drivers. #21 VicRoads also gives operational requirements for electronic advertising message signs. Signage must not display animated or moving images, or flashing or intermittent lights; remain unchanged for a minimum of 30 seconds; • not be visible from a freeway; and satisfy the ten-point checklist. 4.0 SUGGESTED REGULATORY APPROACH Local governments regulate electronic outdoor advertising devices in widely varying degrees. Some cities completely prohibit the use of all electronic signs (sometimes specifying LED signs), while others have no regulations specific to electronic signs. Between those two extremes, there are many levels and types of control that can be applied. The primary concerns to keep in mind when considering sign regulations are 1) First Amendment rights, which can be affected by regulations that affect the content of a sign's message, and therefore should be avoided, and 2) changing technology, which can quickly make a sign ordinance no longer applicable if the ordinance has been specifically written to address a certain type of sign technology. Performance based measures may therefore be preferable as they remain viable even as sign technology advances. 4.1 Definitions Signage discussions often include a number of different words or phrases used to describe the technical characteristics of signage devices or their components (such as LEDs). For the purpose of zoning, some additional terms are also used to describe sign characteristics. Any regulatory efforts should take care to precisely define terminology. One possible resource in this effort is "Street Graphics and the Law," published by the American Planning Association (APA) Planning Advisory Service 29 . 4.2 Types of Regulatory Measures 4.2.1 Comnlete or Partial Prohibition of Electronic Sign Some cities have completely prohibited the use of electronic outdoor advertising devices. For example, the City of Maple Valley, WA prohibits all types of electronic outdoor advertising devices including animated signs, electronic changeable message signs, flashing signs or displays, moving signs, scrolling displays, and traveling displays. This applies to both on- premise and off-premise signs. Other cities are very selective about where electronic signs are allowed, allowing them only in certain zoning districts. There are very few "standard" approaches. For the most part, each local FAVVI iffi6fii government tailors their regulations to their own situation. One approach adopted by cities is to prohibit electronic outdoor advertising devices in residential zoning districts, and for a certain distance away from residential zoning districts, similar to the zoning limitations placed on illuminated signs. Some ordinances require that electronic signs be situated such that the sign face is not visible from nearby residences. 4.2.2 Size Limitations on Electronic Signs Another way of regulating electronic signs is to limit their size. Again, there is no set standard for this. One ordinance reviewed for the purpose of this study limits the electronic portion of a sign to no more than 50 percent of the sign face with the overall size determined by whatever the sign ordinance allows for a particular zoning district. Other examples of electronic sign size limitations include five square feet, 1,000 square inches, 20 square feet, and so forth. In other ordinances, there is no differentiation made between the size of electronic signs and other signs. According to input from representatives of the sign industry, the smaller the size of the electronic sign, the more desirable it is for businesses to use frequent message changes, or sequenced messages, where more than one screen of text is used to convey an entire message. 4.2.3 Rate -of- Change Limitations on Electronic Signs Many communities that allow electronic signs also regulate the rate at which the messages on the signs can be changed, Research on sign codes has shown this to range from as little as four seconds to as long as 24 hours. The Interstate 394 sign between Ridgedale Drive and Plymouth Road is visible for approximately 45 seconds at free flow traffic speeds. Depending on text size, the message may not be readable by drivers during this entire duration, but the message changes can attract attention from long distances. Depending on how often the message changes occur and the speed of traffic, drivers on this segment could see a varying number of discrete messages. Table 7 provides the number of message changes a driver would see at different change durations and traffic speeds. Im", Table 7. Number of New Messages Seen at Various Driver Speeds and Time Intervals Between Messages *Assuming the sign is clearly visible from orte-half mile away. Prohibiting displays from changing quickly can minimize potential driver distraction, but it would significantly limit the message owner's ability to convey information that does not fit on one screen of the sign. Using two or more successive screens to convey a message is referred to as sequencing. Based on the studies summarized in part 3 of this Report, including the glance duration studies performed by Klaur for the FHWA in 2006 and by Beijer & Smiley in 2004, and Wachtel's analysis for Seattle of the Zeigamik effect, a message delivery system such as sequencing that requires or induces a driver to watch the sign for several seconds increases the likelihood of driver distraction. Based on information from the sign industry, for sequencing to be effective in a marketing sense, a brief rate-of-change (1-2 seconds) is generally used before transitioning into the next screen. Some codes specify how an image changes, while other codes prohibit the use of transitions. The change from one image to another can be accomplished by various techniques no transition — simply a change from one screen to another, or fading or dissolving one image into the next. Flashing, spinning, revolving, or other more distracting transition methods can be prohibited, allowing businesses to use sequencing in an effective manner without making the signs overly distracting. Another way of regulating distracting transitions is to require a very short time of a dart or empty screen between images. 4.2.4 Motion, Animation, or Video Limitations on Electronic Signs Motion on a sign can consist of everything from special text effects (spinning, revolving, shaping, flashing, etc.) to simple graphics, such as balloons or bubbles rising across the screen, to more realistic moving images that have the appearance of a television screen. According to sign industry representatives, video imagery on a sign is referred to as "animation" if the sign is limited to the capability of 10 frames per second. Fewer frames per second make the moving image look more like animation. Imagery produced by signs that have the capability of processing up to 30 frames per second is accurately referred to as "video" imaging. Many communities that allow dynamic signs do not allow the application of any type of motion, animation, or video on the signs. However, Seattle was obliged to allow video imagery on their signs after earlier signage code regulating certain types of signs was not strictly enforced. In addition to requiring a dark period between successive messages to overcome the Zeigamik effect, Seattle also limits the duration of the video message to a minimum of two seconds and a "T Number of Messages Seen Time sign is Message Display Time (seconds) Speed (mph) clearly visible* 6 1800 8 10 60 3600 (seconds) (30 minutes) (I hour) 30 60 11 9 7 2 1 1 i 45 1 40 8 6 5 2 1 1 55 33 7 5 4 2 1 1 *Assuming the sign is clearly visible from orte-half mile away. Prohibiting displays from changing quickly can minimize potential driver distraction, but it would significantly limit the message owner's ability to convey information that does not fit on one screen of the sign. Using two or more successive screens to convey a message is referred to as sequencing. Based on the studies summarized in part 3 of this Report, including the glance duration studies performed by Klaur for the FHWA in 2006 and by Beijer & Smiley in 2004, and Wachtel's analysis for Seattle of the Zeigamik effect, a message delivery system such as sequencing that requires or induces a driver to watch the sign for several seconds increases the likelihood of driver distraction. Based on information from the sign industry, for sequencing to be effective in a marketing sense, a brief rate-of-change (1-2 seconds) is generally used before transitioning into the next screen. Some codes specify how an image changes, while other codes prohibit the use of transitions. The change from one image to another can be accomplished by various techniques no transition — simply a change from one screen to another, or fading or dissolving one image into the next. Flashing, spinning, revolving, or other more distracting transition methods can be prohibited, allowing businesses to use sequencing in an effective manner without making the signs overly distracting. Another way of regulating distracting transitions is to require a very short time of a dart or empty screen between images. 4.2.4 Motion, Animation, or Video Limitations on Electronic Signs Motion on a sign can consist of everything from special text effects (spinning, revolving, shaping, flashing, etc.) to simple graphics, such as balloons or bubbles rising across the screen, to more realistic moving images that have the appearance of a television screen. According to sign industry representatives, video imagery on a sign is referred to as "animation" if the sign is limited to the capability of 10 frames per second. Fewer frames per second make the moving image look more like animation. Imagery produced by signs that have the capability of processing up to 30 frames per second is accurately referred to as "video" imaging. Many communities that allow dynamic signs do not allow the application of any type of motion, animation, or video on the signs. However, Seattle was obliged to allow video imagery on their signs after earlier signage code regulating certain types of signs was not strictly enforced. In addition to requiring a dark period between successive messages to overcome the Zeigamik effect, Seattle also limits the duration of the video message to a minimum of two seconds and a "T maximum of 10 seconds. This time frame was established based upon careful calculations of the streets from which these signs could be seen, speed limits and traffic volumes in addition to the community's concern over the extent to which moving images could distract drivers. However, Seattle also limits the size of their electronic signs to a maximum of 1,000 square inches, with no single dimension greater than three feet, thus minimizing the effect of video images. 4.2.5 Sign Placement and Spacing Regulating the number of dynamic sign potentially visible to a driver at any one time as well as the position of the sip in relationship to the roadway may reduce distraction to drivers. Spacing requirements should consider the speed, width and horizontal and vertical alignment of the roadway. Some communities have established minimum distances between electronic signs. Establishing an adequate distance between these types of devices seems particularly important if a fairly fast rate of change is allowed for the purpose of facilitating sequenced messages or if animation and video imaging is allowed. Closely spaced signs attempting to convey sequenced messages may simply create visual overload and an over-stimulated driving environment. Research conducted to date has not yielded information about optimal electronic sign spacing. Seattle adopted a 35- foot spacing requirement for their electronic signs based upon multiple levels of analysis of the downtown city environment in which these signs are present. Due to the varying characteristics of individual roadways in this regard, overlay districts allowing dynamic signage with conditions specific to that area could be considered. Overlay districts could also take into account other locational factors such as offset from the roadway and conspicuity. Determining appropriate offsets from the roadway must consider roadway clear zone requirements as well as spacing of frontage roads and access points, while also considering the signage too far outside the driver's line of sight may be a further distraction. Conspicuity, a sign's ability to stand out from its surroundings, should also be considered. 4.2.6 Text Size Legibility is another important property of signage. The preferred approach used within highway signing is that drivers can read text that is 1 inch high from 30 feet away. Larger text is needed for signs to be legible at greater distances. Large, legible text allows the driver to read the billboard from varying distances and focus on the driving task. Conversely, with small text, the driver is more likely to focus on the sign for a longer period of time and possibly be more adversely distracted. However, the size or type of text or the amount of text due is rarely regulated. �2M 4.2.7 Brightness Limitations on Electronic Signs One of the main concerns about the use of electronic signs, regardless of whether they consist of changeable text, animation, or video, is the brightness of the image. The brightness of an object can be characterized in two ways. (luminance is the total brightness of all the light at a point of measurement. Illuminance often describes ambient light and can be measured with a standard light meter such as is used in photography. Luminance is the measure of the light emanating from an object with respect to its size and is the term is used to quantify electronic sign brightness. The unit of measurement for luminance is nits, which is the total amount of light emitted from a sign divided by the surface area of the sign (candelas per square meter). Many, but not all, LED-type signage can be time-programmed to respond to day and nighttime light levels. Higher-end signage types are equipped with photo cells to respond to ambient light conditions. Despite these controls, LED signs have been observed that are considered to be excessively bright. Sign industry representatives indicate that excessive brightness can be the result of 1) sign malfunction or improper wiring, 2) lack of photo cell and/or dimming mechanism, or 3) operator error or lack of understanding that brightness is not necessarily an advantage, especially if it makes a sign unreadable or unpleasant to look at. They also maintain that the intent of the electronic sign industry is to establish a brightness level that is similar to a traditional internally or externally lit sign. Recent observations of sign technicians calibrating the Interstate 394 LED billboard noted that the brightness controls are not calibrated to specific nit levels, but rather vary in proportion to a set maximum level, like a volume control dial on a typical car radio. To control the extent to which electronic signs are a distraction or the extent to which they are readable, many local governments have adopted regulations that limit nit levels. At this time, ordinances that use nit level limitations typically differentiate between day time and night time nit levels. A common daytime nit limitation ranges from 5,000 to 7,000 nits. A common nighttime limitation is 500 nits, although in areas that are extremely dark at night, with very little in the way of ambient light levels, less than 500 nits may be appropriate. Other communities have taken this farther, such as Lincoln, Nebraska, whose sign code incorporates a graph of varying ambient light levels ranging from night time to a bright sunny day and all conditions between those two extremes, and has correlating nit limitations for the various ambient light levels. Enforcement of these types of regulations is challenging as luminance of electronic signs is very difficult to measure in the field. Typically, sign luminance is measured and calibrated in a controlled factory setting using a spectral photometer to measure the light output. This calibration setting is then used in conjunction with a photo cell to control the brightness of the sign. The higher the ambient light levels, the brighter the sign. There are different nit thresholds for various colors. White is most often used to set dimming levels because at a constant nit level, white has the most intensity as perceived by the human eye. Lincoln uses a light meter to conduct testing on electronic signs and found a wide range of luminance levels. One small electronic sign had luminance levels of 13,000 nits. The process that Lincoln uses to check luminance levels is to hold a luminance meter close to the face of the sign so that it captures only the light emitted from the sign. They have not had any requests to _Ulu measure the brightness of LED billboards, so the viability of using this approach on billboards has not been explored. In Seattle, sign luminance was found too difficult to measure, so signs are visually inspected when complaints from the public are received. Sign owners are then contacted and asked to adjust sign luminance accordingly. Both Mesa, Arizona and Lincoln, Nebraska have included a requirement for written certification from the sign manufacturer that the light intensity has been preset not to exceed the illumination levels established by their code, and the preset intensity level is protected from end user manipulation by password protected software or other method approved by the appropriate city official. This language appears to offer the advantage of ensuring that electronic signs, at a minimum, cannot exceed a certain established level of brightness. At a minimum, it is important for communities to require all electronic signs to be equipped with a dimmer control. A requirement for both a dimmer control and a photo cell, which constantly keeps track of ambient light conditions and adjusts sign brightness accordingly, is optimal. Over time, the LEDs used in electronic signs have a tendency to lose some of their intensity, and an owner may choose to have the sign adjusted and calibrated, which involves adjusting the level of electrical current in a manner that affects the brightness of the sign. This occurs over the course of two or three years. Having maximum nit levels established would ensure that the sign company has upper limits to work with as far as adjusting the sign is concerned. 4.3 Public Review Most communities establish rules within their sign code and do not create opportunities for electronic signs to be approved through conditional use permits or special use pen Some communities with special overlay districts, or areas that are oriented toward entertainment and night life, have established a review process for electronic signs, or for various functions of electronic signs such as animation and video. Other communities take the opposite approach, where they allow electronic signs with no controls whatsoever, except in certain special areas, such as a historic overlay district, or a historic downtown district, where the signs are prohibited. Each community needs to tailor their application of electronic signs to meet their needs. As of the writing of this report, no ordinances have been discovered that have a special review committee just for the purpose of electronic signs. Typically, sign regulations established in the zoning ordinance would be reviewed in accordance with existing review and approval processes. As with other development features, dynamic signage should be either prohibited, permitted, or conditional depending upon the zoning district and/or the specific features of the sign as established within the city's regulations (i.e. size, specific location with respect to the adjacent roadway, zoning district, proximity of sensitive uses). The recommended review process for permitted dynamic signs should be the same as procedures already in place for administrative review. For dynamic signs requiring a Conditional Use Permit (CUP), the standard process for public notification and a public hearing before the planning commission should apply. 5.0 CONCLUSIONS AND RECOMMENDATIONS Driver distraction plays a significant role in traffic safety. Driver distraction is a factor in one in four crashes, and of those crashes involving driver distraction, one in four involves distractions outside the vehicle. The extent to which dynamic signage contributes to traffic safety has been examined in this study. Following are some of the major findings from a review of available research. Drivers that are subjected to information-rich content that is irrelevant to the driving task (such as digital advertising) may be temporarily distracted enough to cause a degradation in their driving performance. This degradation could lead to a crash. • The unlimited variety of changing content allows dynamic signage to attract drivers' attention at greater distances and hold their attention longer than traditional static billboards. • Several studies have found a correlation between crashes and the complexity of the driving environinent. For example, crash rates are higher at intersections because the difficulty of the driving task is increased by the roadway's complexity. Complex driving environments place a high demand on drivers' attention. Introducing a source of distraction in an already demanding driving environment is more likely to result in crashes. This is illustrated by the 1994 Wisconsin DOT study that examined crash rates before and after installation of an electronic sign on a high-volume curving roadway. Introduction of this sign was identified as a likely factor of the 80 percent increase in side-swipe crashes that was experienced. • Many studies have noted a correlation between outdoor advertising signs and crash rates, but have not established a causal relationship between the signs and crash rates. Driving is a complex task influenced by multiple factors. It is not necessary to establish a direct causal relationship between outdoor advertising signs and crash rates to show that they can make the driving task less safe. While the research shows that driver distraction is a key factor in many motor vehicle crashes, this often includes many interacting factors that distract drivers. The specific driver distraction danger that advertising signs contribute is difficult to quantify. A study that could control for multiple variables (human factors, vehicle, enforcement and the roadway environment) would be needed to provide a definitive statement on the level of driver distraction that signs produce. Such a study would likely find that not all advertisi AM cause distraction that would lead to crashes, but some signs in some situations are more likely to contribute to crashes than others. Overall, the literature review conducted for the purpose of this study identifies a relationship between driver distraction and electronic outdoor advertising devices, As indicated, driver distraction is a significant factor in crashes. The purpose of dynamic signage is to attract the attention of people in vehicles, so a natural conclusion from that knowledge is that drivers may be distracted by them. Professional traffic engineering judgment concludes that driver distraction generally contributes to a reduction in safe driving characteristics. Wfl For this reason, state departments of transportation have carefully studied the design and location of dynamic signs within the highway right-of-way. Their goal is to convey a message to the traveling public in a manner that is as straight-forward and readable as possible without being a visual "attraction". The goal of the outdoor advertising sign is to be a visual attraction outside the right-of-way, possibly making it a source of driver distraction. Nevertheless, the actual change in crash rates influenced by the presence of any specific device has not been quantified in a manner that fully isolates the impacts of an electronic sign. Recent studies conducted by FHWA and others have cited the need for further research. In the interest of promoting public safety, this report recommends that electronic . sj 1" be viewed as a form of driver distraction and a public safety issue. Therefore, the ordinance recommendations identified here should be considered. These recommendations should be reviewed in the future as additional research becomes available. With respect to regulatory measures for electronic outdoor advertising signs, it is important that local governments take a thorough approach to updating their ordinances to address this issue. For example, an ordinance that addresses sign motion, but does not address brightness and intensity levels may leave the door open for further controversy. This report seeks to identify all of the aspects of electronic outdoor advertising devices that are subject to regulation. It does not specifically state what those regulations should be (e.g. the size of electronic signs), since these are all things that policy makers and staff must take into careful consideration. Further, as driver distraction and resulting influences on safety do not, in a practical sense, distinguish between on- premise and off-premise signage, this distinction is not highlighted in the recommendations below. Regulatory Measures recommended for consideration To properly address the issue of dynamic signage, it is recommended that the sign code address the following: I Identify specific areas where dynamic signs are prohibited. This would typically be done by specifying certain zoning districts where they are not allowed under any circumstances. If dynamic signs are to be allowed in specific areas, this could be done by zoning district (only higher level commercial districts are recommended for consideration) or by zoning overlay related to specific purposes (e.g. entertainment or sports facility district) or to specific roadway types. 2. Determine the acceptable level of operational modes in conjunction with such zoning districts or overlays. The various levels include: a. Static display only, with no transitions between messages, b. Static display with fade or dissolve transitions, or transitions that do not have the effect of moving text or images, c. Static display with scrolling, traveling, spinning, zooming in, or similar special effects that have the appearance of movement, animation, or changing in size, or get revealed sequentially rather than all at once (e.g. letters dropping into place, etc.), and d. Full animation and video. 3. If one of the forms of static display is identified as the preferred operational mode, a minimum display time should be established. This display time should correspond to the operation roadway speed (rather than posted speed limit), allowing at most one image transition during the time that the sign if visible to a driver traveling at the operational speed. If a shorter minimum display time is considered, the effects of message sequencing should be considered. Wait intervals of more than 1-2 seconds between sequenced messages have the potential to become more of a distraction as viewers wait impatiently for the next screen, in an effort to view the complete message. 4. If the cornmunity wishes to accommodate animation or video in some or all locations where dynamic are permitted, a minfinum and maximum duration of a video image should be established. The purpose for establishing a time limit is to ensure that the message is conveyed in a short, concise time frame that does not cause slowing of traffic to allow drivers to see the entire message. Given the creativity of advertising, these video images may be seen as a form of entertainment, and people typically like to see an entertaining message through to the end. Differentiate between zoning districts where dynamic signs are permitted by right, and zoning districts, overlay districts, or special districts where they should only be allowed through the approval of a Conditional Use Permit. A CUP would involve public notification and review and approval by the Planning Commission. Other options would include a design review board or other dispute resolution process. S. Consider the establishment of minimum distance requirements between electronic outdoor advertising devices in relation to the zoning district or roadway context in which the signs are allowed. 6. Consider size limitations on dynamic signs for zoning districts where they are allowed. This may vary from one district to another. 7. Consider if dynamic signs are allowed independently, or if they must be incorporated into the body of another sign, and therefore become a limited percentage of the overall sign face, 8. Establish a requirement for that all dynamic signs that emit light be equipped with mechanisms that allow brightness to be set at specific nit levels and respond accurately to changing light conditions. The City must establish the authority to disable or turn the device off if it malfunctions in a manner that creates excessive glare or intensity that causes visual interference or blind spots, and require that the device remain inoperable until such time that the owner demonstrates to the appropriate city official that the device is in satisfactory working condition. If such technology is not available, consideration should be give to banning dynamic signs that emit light until such time as the technology allows brightness levels to be precisely controlled. ME 9. Consider maximum brightness levels that correlate to ambient (day or night condition, lighting of surrounding context) light levels. A maximurn daytime and separate nighttime nit/footeandle level should be established. Consider wording that requires the sign to automatically adjust its nit level based on ambient light conditions. 10. Consider a requirement for a written certification from the sign manufacturer that the individual sign's maximum light intensity has been preset not to exceed the maximum daytime illumination levels established by the code, and that the maximum intensity level is protected from end user manipulation by password protected software or other method approved by the appropriate city official. 11. Require sign owners to provide an accurate field method of ensuring that maximum light levels are not exceeded. If such a method cannot technically be provided, consider banning dynamic signs that emit light until such time as the technology is available. M. PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA Further changes are anticipated following Signage Workshop **Preliminaty Report is specific to City of Minnetonka issues and may not be sufficient to address concerns in other communities" APPENDICES A32 PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA Further changes are anticipated following Signage Workshop **Preliminary Report is specific to City of Minnetonka issues and may not be sufficient to address concerns in other communities" Appendix A Current Sign Technologies A33 PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA Further changes are anticipated following Signage Workshop **Preliminary Report is specific to City of Minnetonka issues and may not be sufficient to address concerns in other communities** Appendix A — Current Sign Technologies Roadside signage has long been used to alert and direct travelers to retail businesses, lodging, attractions and other destinations. Until the 20 century much of this image was "static" in nature, presenting a single image that could only be altered by repainting or otherwise removing an image and replacing it with another. With the advent of motorized travel, signage became more "dynamic" or active in its efforts to attract the traveler's attention as they moved at ever increasing speeds. Initially, motion was created by flashing bulbs or alternating sets of neon tubes. Today's technologies allow for an increasingly sophisticated display of images that can be manipulated by a few strokes of a keyboard. Simpler forms of signs capable of displaying multiple images include "tri-vision" signs which present a series of images through mechanical rotation of multi-sided vertical strips. The rotation occurs at regular intervals presenting a series of static images. Other forms are electronically produced, allowing for a wide range of colors, messages and images depending on the level of technology, and typically produced by light emitted by the sign face. Basic levels of technology present letters or numbers in a single color of light, such as "time and temperature" signs or gas pricing signs. Many of these signs can present longer images in a scrolling fashion, or can provide simple animations. Recent advances have introduced a variety of technologies to the outdoor advertising arena. The largest impact has been made with LED signs which offer an inexpensive yet powerful approach that combines full motion, brilliant colors and a readable display. Other technologies are in development, including "digital ink" signs that offer a changeable medium on a surface that looks like a normal vinyl billboard. These signs manipulate ink on the surface, allowing for a dynamic presentation of images without being internally illuminated. The various sign technologies are referenced by a wide array of terms: "changeable message signs," "electronic billboards," "animated signs." In general, this report focuses on the broad range of signage types which are capable of displaying multiple images through electronic manipulation, which we will refer to as "dynamic" signing. Reference to specific signage types is made when necessary to discussion of specific issues (e.g. the brightness of LED signage). PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA Further changes are anticipated following Signage Workshop "Preliminary Report is specific to City of Minnetonka issues and may not be sufficient to address concerns in other communities" 0 OT = Outdoor Advertising Sign Brightness Definitions A35 PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA Further changes are anticipated following Signage Workshop "Preliminary Report is specific to City of Minnetonka issues and may not be sufficient to address concerns in other communities" Appendix B — Outdoor Advertising Sign Brightness Definitions This appendix defines various technical terms that are used to describe the operational aspects of electronic billboards. Billboard Illuminance Billboard illumination is typically discussed using two terms: illuminance and luminance. Because this section includes some technical jargon, a glossary that finther defines terms used in outdoor advertising is provided in Appendix C. Illuminance: The amount of light that is incident to the surface of an object. This is the method for describing ambient light levels or the amount of light that is projected onto a front-lit sign. This parameter is typically measured in lux (footcandles x meters). For the purposes of dimming, illuminance is discussed to describe the ambient light that hits the photocell. Luminance: The amount of light that emanates from an internally illuminated sign. This parameter is measured in nits. The nit levels necessary for the sign to be legible vary with the ambient light conditions. On a sunny day, the nit levels must be very high, while at night, the levels must be very low to prevent the image from distorting and to prevent glare. Billboard Luminance (Briglitriess Luminance is measured in nits (candelas/square meter) and describes how bright the image is. In essence, it is the amount of light that is radiated from the sign divided by the amount of surface area of the sign. No matter how big the sign is, the luminance of the sign is consistent. For example, the brightness of computer monitors is also measured in nits. The European standard "EN 12966" specifies that at certain ambient light levels, the sign should output a given number of nits. There are different tables for each color due to the properties of how the human eye interprets each color. The color that is most often used to set dimming levels is white. The FHWA has developed recommended practices for dynamic message signs installed within the roadway right-of-way. The standard is NEMA's TS-4 "Hardware Standards for Dynamic Message Signs (DMS) With NTClP Requirements," Note that these standards were prepared for message signs deployed within the roadway right-of-way and should not be taken as recommended luminance levels for advertising signs. Table A-1 provides a simplified version of the NEMA TS-4 standard for the color white. is PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA Further changes are anticipated following Signage Workshop **Preliminary Report is specific to City of Minnetonka issues and may not be sufficient to address concerns in other communities" Table A-] - Luminance Standards Ambient Approximate Minimum Maximum Light Light Luminance Luminance (nits) (nits) 40,000 Sunlight 12,400 62,000 10,000 Cloudy 12,400 - 4,000 Overcast 2,200 11,000 400 Sunrise/Simset 600 3,000 40 Candlelight 250 1,250 less than 4 Moonlight 75 375 Source: NEMA TS -4 (2005) Billboard Resolution Billboards require far less resolution than print advertisements. For example, Clear Channel's LED "Digital Outdoor Nctwork7 LED bulletin-size (14' x 48) billboards require dimensions of only 208 pixels high by 720 pixels wide. If this image were to be printed at 300 dots per inch_ (dpi), a typical print resolution, the entire image would be less than 1.7 square inches. Therefore, it is ideal to keep the message on these signs simple and clear because they do not currently allow resolutions similar to printed images. Dimming To maintain readability, the brightness of a sign must be adjusted to match ambient light conditions. if this is not done, the image will appear too bright and can even degrade the image quality through a phenomenon called "blooming." If the image blooms, the brightest areas of the image bleed over into darker parts and the image clarity is degraded. Dimming is typically controlled by a photocell, which measures the ambient light conditions and varies the light output of the sign based on preconfigured settings. As ambient light conditions darken, the photocell senses the decrease and lowers the light output of the sign. Some sign manufacturers do not incorporate photocells in their electronic signs. Electronic billboard dimming can also be controlled by scheduled dimming according to time of day or manual dimming. On-premise signs may use any of these methods, but most, if not all, off-premise standard size electronic billboards are auto dimmed by photocell. Some signs include user-defined dimming curve capability allowing total control over sign brightness and adjustability to accommodate local brightness ordinances. PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA Further changes are anticipated following Signage Workshop **Preliminary Report is specific to City of Minnetonka issues and may not be sufficient to address concerns in other communities" Appendix C Electronic Outdoor Advertising Device Visual Performance Definitions FAU PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA Further changes are anticipated following Signage Workshop **Preliminary Report is specific to City of Minnetonka issues and may not be sufficient to address concerns in other communities** Appendix C — Electronic Outdoor Advertising Device Visual Performance Deflinitions ConspicLul�t Conspicuity is the property that related to the contrast between a sign and its back-ground and its ability to stand out from its surroundings. This is a subjective property that depends on many factors of both the environment and the viewer. Contrast Contrast is the property that defines the relationship between the brightness of the brightest color possible to the darkest color possible on a sign. In times when ambient conditions are very bright, such as a sunny day, the darkest color may still be very bright due to the sun's reflection off the sign. In these cases, the lighter colored areas of the billboard's image must be much brighter than the contrasting dark areas. Legibility The ability of the driver to read a sign is related to its legibility. Large, legible text allows the driver to read, the billboard from varying distances and focus on the driving task. Conversely, with small text the driver is more likely to focus on the sign for a longer period of time and possibly wait until the sign is very close. State departments of transportation use NEMA's TS-4 document for this criterion. This document specifies many characteristics related to legibility including character height, resolution and color. Glare Disability Glare The first form of glare is disability glare. This occurs when a driver is exposed to a light source so bright that it temporarily blinds the driver, impairing their ability to perform driving tasks. This temporary blindness is brief, but can be dangerous. Discomfort Glare Discomfort glare is when a light source is bright enough to distract or encourage the driver to look away from the light, but is not blinding. Discomfort glare is of particular concern in cases where a bright sign is located in the same line of sight as a traffic sign, signal or another vehicle. PRELIMINARY DRAFT FOR REVIEW BY CITY OF MINNETONKA Further changes are anticipated following Signage Workshop "Prelintinary Report is specific to City of Minnetonka issues and may not be sufficient to address concerns in other communities" Frequency of Change The frequency of change is determined by the interval of time between sign image changes. The rate of change can usually be adjusted by the owner and operator of the sign. Frequency of change is highly variable, with some on-premise signs changing faster than once per second. While no standard is generally accepted, local government agencies have used ordinances to limit the frequency to anywhere from 5 seconds to 24 hours. Interactive signs Interactive signs change their message based on the person viewing it. For example, the carmaker MINI has installed variable message signs that display a customized message to car owners who have special key dangles containing a radio frequency identification (RFID) chips when the dongle is in close proximity to the sign. Another example is a microphone system that identifies the radio stations passing drivers are listening to and displays a specific message for that station. M, 1 B. Wallace, "Driver Distraction by advertising; genuine risk or urban myth?" Proceedings of the Institution of Civil Engineers, Municipal Engineer 156, 2003. 2 J. Wachtel, and R. Netherton. "Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable-Message Signage. Report No. FHWA-RD-80-051," Washington, D.C., 1980. 3 A.R. Lauer and J.C. Memonagle, "Do Road Signs Affect Accidents?" Eno Transportation Foundation, 1955. 4 D. Faustman, "A study of the relationship between advertising signs and traffic accidents on U.S. 40 between Vallejo and Davis." San Francisco: California Roadside Council, Report CRC No. 165, 1961. 5 S. Weiner. "Review of report." Washington, D.C.: Federal Highway Administration, Environmental Design and Control Division, August 1973. 6 J. Wachtel, and R. Netherton. "Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable-Message Signage. Report No, FHWA-RD-8 0-05 1," Washington, D.C., 1980. 7 D. Crundall et al., "Attraction and Distraction of Attention with Roadside Advertisements," Elsevier, 2006. 8 D. Beijer and A. Smiley, "Observed Driver Glance Behavior at Roadside Advertising Signs," Transportation Research Record, 2005, 9 A. Smiley et al,, "Impact of Video Advertising on Driver Fixation Patterns, Transportation Research Record, 2004. 10 G. Wachtel, The Veiidian Group, " Video Signs in Seattle — Final Report," 200 " J. Wachtel, and R. Netherton. "Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable-Message Signage. Report No. FHWA-RD-80-05 I," Washington, D.C., 1980. "' C. L. Dudek et al., "Impacts of Using Dynamic Features to Display Messages on Changeable Message Signs," Operations Office of Travel Management: Federal Highway Administration, Washington, D.C., 2005. 13 'I\MTSA Driver Distraction Forum: Summary and Proceedings," <http://www-nrd.nhtsa,dot.gov/pdf/ md- I 3/FinalInternetForumReport.pdf>, accessed on February 14, 2007. 14, 'Report of the Road Safety Committee on the Inquiry into Driver Distraction," Parliament of Victoria, Australia, Victoria, Australia, 2006, p. 110. 15 A.W. Johnston and B.L. Cole, "Investigations of Distraction By Irrelevant Information," Australian Road Research Board, 1976. 16 S.G. Klauer et al., "Impact of Driver Inattention on Near CrashlCrash Risk. An Analvsis Using the 100-Car Naturalistic Driving Study Data," National Highway Traffic Safety Administration, 2006. " Driver Inattention Is A Major Factor In Serious Traffic Crashes," <http://www.nhtsa.dot.gov/people/ outreach/traftech/TT243.htm>, accessed on February 14, 2007. 'a J. Wang, "Role of Driver Inattention in Crashes; New Statistics from the 1995 Crashworthiness Data System, 40th Annual Proceedings, Association for the Advancement of Automotive Medicine, Vancouver, British Columbia, 1996. 19 University of North Carolina Highway Safety Research Center, "The Role of Driver Distraction in Traffic Crashes,"2001 . 2') K. Harder, "The Effectiveness and Safety of Traffic and Non-Traffic Related Messages Presented on Changeable Message Signs (CMS)", Minnesota Department of Transportation, St. Paul, Minnesota, 2003. 21 "Decision of the Outdoor Advertising Board in the Matter ofJohn Donnelly & Sons, Permitee, Telespot of New England, Inc., Intervenor, and Department of Public Works, Intervenor, with Respect to Permit Numbered 19260 as Amended," The Commonwealth of Massachusetts Outdoor Advertising Division, 1976. 22 Wisconsin Department of Transportation (1 994). Milwaukee County Stadium Variable Message Sign Study, Wisconsin, USA: Internal Report, Wisconsin Department of Transportation. 23 T, Szymkowski, University of Wisconsin, Madison, Interviewed on February 20, 2007, 24 Federal Highway Administration, "Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction," 2001. 2-1 G. Davis, FHWA Office of Safety Research and Development, Interviewed on February 23, 2007. 26 CTC & Associates LLC, "Electronic Billboards and Highway Safety, <"http://www.dot.wisconsin.gov/librai research/docs/tsrs/tstelectroniebillboards.pdf�, accessed on February 14, 2007. M- I "Federal Highway Administration, "Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction," 2001. 28 "Report of the Road s a f e t y Committee on the Inquiry into Driver Distraction," Parliament of Victoria, Australia, Victoria, Australia, 2006. 29 D. Mandelker, A. Bertucei and W. Ewald. "Street Graphics and the Law," APA Planning Advisory Service, 2004, pp. 51- 55. A42 Chapter I I LAND USE REGULATIONS (ZONING)* Sec. 11.70. Performance Standards. Subd. 28. Placement, erection and maintenance of signs. signs. A. Purpose, construction and definitions. 1. Purpose. The purpose of this section shall be to regulate the placement, erection and maintenance of signs in the city so as to promote the health, safety and general welfare of the residents of the city. 2. Construction. All terms and words used in this section shall be given their commonsense meaning considered in context, except as hereinafter specifically defined. 3. Definitions. The following terms, as used in this section, shall have the meanings stated: (a) Business sign means any sign upon which there is any name or designation that has as its purpose business, professional or commercial identification and which is related directly to the use of the premises upon which the sign is located. (b) Freestanding ground sign means a business sign erected on freestanding shafts, posts or walls which are solidly affixed to the ground and completely independent of any building or other structure. Any business freestanding ground sign which projects more than seven feet above ground level is considered a pylon sign. (c) Governmental sign means any sign placed, erected or maintained by a governmental entity or agency for identification of or directions to a public facility or street or for traffic control or general public services. (d) Local street means a street within the city, which is not functionally classified within the City's Comprehensive Guide Plan as a principal arterial, "A" minor arterial, "B" minor arterial, major collector or minor collector. (e) Nonbusiness sign means any sign such as a personal nameplate or designation as for residences, churches, schools, hospitals, traffic or road signs, which do not contain advertising and are directly related to the premises upon which they are located. (f) off= premises sign means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered somewhere other than on the property upon which the sign is located. (g) Product sign means any sign upon which there is any brand name, trademark, logo, distinctive symbol, designation or advertising which has as its purpose the promotion of any business, product, goods, activity or service_ Product signs shall be subordinate to business signs. (h) Public right-of-way or public rights-of-way means the surface, air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within the city owned by or under control of the city, or dedicated or otherwise conveyed to the city for general public use. (i) Pylon sign means a business sign erected on freestanding shafts, posts or walls which are solidly affixed to the ground, and which projects more than seven feet above ground level. Pylon signs, when authorized, are considered a conditional use, as defined in the zoning chapter, and are subject to all conditions, regulations and fees required for conditional uses. {}) Sign means any surface, facing or object upon which there is printed, painted or artistic matter, design or lighting. (k) Sign area means the gross area, exclusive of supportive frame, which contains copy or identifying features such as a logo, character or identifying figure. The gross area shall be calculated as an enclosed area bounded by no more than 12 straight lines. (1) Sign height means the distance from the lowermost ground point to which the sign is attached, to the highest point on the sign. (m) Frail means any paved surface within the public right -of -way, outside of the paved street surface, used by pedestrians and cyclists. B. Permitted uses. 1. Location of business signs. Business signs are permitted on property zoned business, industrial, agricultural, public facilities, RD or PD only in conjunction with an approved business, industrial or agricultural use. 2. Location o, f business signs in residential areas. Business signs are permitted in residentially zoned areas or areas of PD designation for residential use only under the following cases: (a) "For sale" or "for rent" signs, four feet by four feet or smaller, advertising the premises upon which such sign is located. (b) Real estate "for sale" signs, not over 100 square feet, of a land developer, which are located upon the premises offered for sale. (c) Area identification signs for major apartment complexes. C. General Sign Standards. 1. Construction and erection of signs. All signs shall be constructed and erected in a good and workmanlike manner of sound and sufficient materials so as to ensure the safety of the public and in accordance with all reasonable standards employed by professional signmakers. 2. Location on private property. No sign shall be erected, placed or located upon private property without the permission of the property owner or the lessee. 3. Location to property line. No business sign shall be located nearer than ten feet from any property or dividing line. 4. Location on public property. No sign, other than governmental signs, shall be placed upon any city owned public property, or railroad right -of -way. No sign, other than governmental signs, shall be affixed to any utility pole. 5. Moving parts, lights. No signs are allowed which contain moving sections or intermittent or flashing lights, except for intermittent display of time and temperature, governmental suns, and dynamic display sins allowed under subdivision K below 6. Obstruction of vision. No sign shall be erected or maintained in such place and manner as obstructs driver vision or is noxious, annoying or hazardous because of method of lighting, illumination, reflection or location. 7. Painted signs on buildings. No signs are allowed which are painted directly upon the walls of a building. 8. Placement within public right -of -way. No sign other than governmental signs, shall be located within any city owned public right -of -way, except as follows: (a) Residential name and address signs may be located within the public right -of -way when such signs are attached to mail boxes, private lampposts or the like. (b) Non- business signs may be placed in the public right -of -way of a local street only if the sign is located more than ten feet from the back of the street curb where no trail exists or more than 25 feet from the back of the curb where a trail exists. 9. Source of lighting. No signs are permitted for which the source of light is directly visible to passing pedestrians or vehicle traffic. D. Off - premises signs. 1. No off - premises sign shall be permitted in any zone within the city except as permitted under this sub - paragraph. 2. The owner of an existing off - premises sign may construct a new off - premises sign pursuant to a conditional use permit issued in accordance with the provisions of chapter 11 of the City Code, and under the following criteria: (a) No sign will be permitted which increases the number of signs beyond the number of signs depicted in table A (which follows this section), as amended from time to time. (b) No sign shall be permitted which increases the total square footage of all signs beyond the number of total square feet depicted in table A (which follows this section), as amended from time to time. (c) No sign shall be permitted which increases the total number of sign surfaces beyond the total number of sign surfaces depicted in table A (which follows this section), as amended from time to time. (d) The maximum square footage of a sign shall be 250 square feet; however, the city may allow a sign in excess of 250 square feet upon (i) the reduction of the total number of signs, square footage or surface areas depicted in table A (which follows this section), as amended from time to time, and (ii) amendment to said table A to reflect such reduction, and (iii) further, so long as the total square footage of all signs is not increased beyond the total of sign square footage depicted in said table A, at the time of application for a new sign. (e) No sign shall be located nearer to any other off - premises sign than 1,500 lineal feet on the same side of the street or 300 lineal feet on the opposite side of the street. (f) No sign shall be located on a platted lot which contains a business sign. (g) No sign shall be located within 300 feet of any freestanding ground sign or pylon sign. (h) No sign shall be located within 200 feet of any residentially zoned district. (i) No sign or any part thereof shall exceed 40 feet in height as measured from the land adjacent to the base of the sign. 3. Any new off - premise sign permitted under this paragraph, shall not be placed upon any property upon which a building or structure already exists. 4. Any new off - premise sign permitted under this paragraph, above, shall be located only on property zoned for business or industrial use. 5. Any off - premise sign now existing or permitted to be constructed shall be removed prior to the city approving the platting of the property upon which the sign is located or prior to the city issuing a building permit for the construction of a structure upon the property upon which the sign is located, whichever occurs earlier. b. Any new off - premise sign pursuant to a conditional use permit issued hereunder shall be subject to the provisions governing conditional use permits as set forth elsewhere in this chapter. E. Building- mounted, window /door and temporary business signs, standards. 1. Building signs on single - tenant buildings and end units in multi - tenant buildings. On single- tenant buildings, no more than three total signs, distributed on up to two elevations, are allowed in the following combinations, not to exceed the allowed sign area based on zoning: (a) One elevation displaying a business name sign, and one elevation displaying a business name and a product name sign for a total of three signs; or (b) One elevation displaying a business name sign, and one elevation displaying either a business name or a product name sign for a total of two signs; or (c) One elevation displaying a business name sign or a product name sign for a total of one sign; or (d) Two signs, each displaying a separate business name if two tenants are occupying one unit space for a total of two signs on one elevation. 2. Building signs on interior units o f multi- tenant buildings. On multi - tenant buildings, no more than two signs per tenant on one elevation are allowed in the following combinations, not to exceed the allowed sign area based on zoning: (a) One sign displaying a business name, and one sign displaying a product name for a total of two signs on one elevation; or (b) Two signs, each displaying a separate business name if two tenants are occupying one unit space for a total of two signs on one elevation; or (c) One sign displaying a business name for a total of one sign on one elevation; or (d) One sign displaying a product name for a total of one sign on one elevation. 3. Design similarity. All business signs mounted on a building shall be similar in design. 4. Multi- tenant building signage. Building facade signage on multi - tenant buildings shall be evenly distributed between all tenants. 5. Product name signs. Product name signs shall be subordinate to business name signs. 6. Roofsigns. No sign mounted upon a building is allowed to project above the highest outside wall or parapet wall. 7. Roof signs signs in BP and RD districts. In BP and RD districts, no roof signs shall be allowed. 8. Sign area. No signs or combination of signs mounted upon a building shall cover in excess of ten percent of the gross area of a side in the RD and BP zoning districts, and 20 percent of the gross area of a side in all other zoning districts, where business signs are allowed. A sign displayed on or in any window shall not occupy more than 25 percent of the area of the windows and /or doors on the side of the building on which the window sign is displayed. The area of a window /door sign shall be included in the calculation of the sign area allowed for building- mounted signs provided herein and shall not exceed the applicable sign area permitted. Window /door signs shall be allowed only on the building facade that has building - mounted signage. No window or door sign, in whole or in part, shall be displayed in the area of the window or door that is higher than four feet and less than six feet, as measured vertically, from the finished interior floor elevation. Any sign not exceeding a two square feet area that depicts Open/Closed or hours of operation shall be exempt from permit and permit fee requirements. The permit fee for a window or door sign shall be required only with the first window or door sign displayed by the applicant unless additional signs or signs in new locations are displayed. 9. Sign pro, jection. No sign mounted upon a building is allowed to project more than 18 inches from the vertical surface of the building. 10. Temporai y signs for special Business sales. Any commercial use may have up to three signs for the purpose of promoting a special sales event, provided the signs may not be displayed for no more than ten days within a 60 -day period. The 60 -day period shall commence on the first day of posting a temporary sign and conclude 60 days thereafter. The temporary signs shall not exceed an aggregate total area of 25 square feet. The sign permit application shall specify the days, not to exceed ten, on which the temporary sign will be displayed. 11. Canopy signage. Canopy signage is limited to the business name and/or logo, and shall not exceed 20 percent of the canopy facade, excluding corporate color raceway. No more than one canopy sign for each street frontage shall be permitted on a canopy for the business located upon the property; illumination is limited to business name and /or logo. F. Freestanding business signs, standards. 1. Freestanding ground signs. Up to one allowed per building. Such signs shall be limited to seven feet total height, with four -foot maximum height of sign area. 2. Pylon signs. Up to one allowed per building. When used, a pylon sign is allowed in lieu of a freestanding sign. No pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street. No pylon signs shall project more than 27 feet above the lot level, roadway level, or a specified point between the two levels as determined by the council. The level used shall be based upon visibility factors from the adjacent roadway(s). The applicant shall submit diagrams, drawings, pictures and other information requested by the city prior to action by the council upon the application. No pylon sign shall exceed 125 square feet in area per side except pylon signs authorized under subparagraph C, below. In the RD and BP districts, no pylon signs shall be allowed. 3. Major complex. When an area identification is required, such as for a shopping center, major apartment complex, or major industrial building, up to one freestanding or pylon sign may be allowed for each major adjacent street. The council shall determine the maximum size after reviewing the applicable conditions including terrain, safety factors, etc. 4. Freeway locations. An on- premises pylon sign for identification purposes is allowed for a business sign located directly adjacent to a freeway within the city. Any business that acquires a permit to erect a pylon sign for freeway identification may be allowed an additional freestanding ground sign to be located on the side of the property opposite of the freeway. All signs must comply in all other respects with the provisions of this section. A freeway shall be defined as a principal arterial highway as defined in the comprehensive plan. 5. Multi -lot developments. In multi -lot developments, the design and placement of monument and directional signs shall be coordinated through an overall signage plan. G. Exemptions. Notwithstanding any other provisions of this section, the following signs are exempt from the permit or fee provisions of this section. No exempt sign shall exceed 16 square feet of area except where stated below: 1. For sale, lease, or rent signs of real estate when located on the property advertised, and when under 16 square feet in total copy area. 2. Church, hospital, or school directional signs, less than six square feet in total copy area. 3. One on- property church sign for each church site. 4. Signs warning of hazardous conditions. 5. Simple information signs, such as "exit," "loading dock," etc. 6. Simple nameplate signs on or over the entrance to a place of business or used to identify the parking area of a place of business. Not to exceed three square feet in gross area. 7. Signs erected by a recognized unit of government having jurisdiction in the city, or a school district within the boundaries of the school district. 8. Political signs for a period of up to ten days after an election, provided such signs contain the name and address of the individual responsible for erecting and removing the sign. 9. Temporary signs for special civic events or garage or neighborhood sales, for a period not to exceed 20 days. H. Nonconforming signs. 1. The protective inspections department shall order the removal of any sign erected or maintained in violation of the law as it existed prior to the effective date of this section. Removal shall be in accordance with this subdivision. 2. Other signs existing on the effective date of this section and not conforming to its provisions, but which did conform to previous laws, shall be regarded as nonconforming signs which may be continued if properly repaired and maintained as provided in this section and if in conformance with other provisions of the City Code. If said signs are not continued with conformance of above, they shall be removed in accordance with this subdivision. L Sign permits and fees. 1. Sign permits. No signs, except those specified in this subdivision, above, shall be erected or maintained anywhere in the city without first obtaining a sign permit. 2. Application, permit and, fees. A formal application together with accompanying documents prescribed by the city shall be submitted to the city to obtain a sign permit. Permit fees are as adopted by resolution of the city council and shall accompany the permit application. If any sign is placed, erected, or installed without first obtaining a sign permit, then the permit fee shall be the amount equal to two times the permit fee. 3. Review of applications. The community development department shall consider approval of all sign permit applications, except that applications for approval of permits for advertising signs, pylon signs and any sign requiring a variance shall be submitted to the council for final approval. Freestanding signs exceeding seven feet in height shall require a footing and foundation inspection by the protective inspections division and all building code requirements shall be met. 4. Return of the fees. In the event said application shall be denied, the city shall return the applicant's permit fee, less a reasonable amount determined by the council which shall be retained as an administrative cost. J. Removal. All signs which have not been removed within the designated time period may after due notice be removed by the city, and any expense incurred thereof may be charged to the sign owner or assessed against the property on which they are located. K. Dynamic Ibis lay Signs, -g— MW In conclusion, the city fi nds dynamic displays should be allowed o with significant controls to minimize their Droliferation and their potential threats to public safety 3. Lena is displa sins are alloed subject to the following onditions ore often than once every minutes except mie for which changes are necessary to correct hour - and- minute, date- or temperature infor anon. Ti e, date, or to e information is considered one dynamic display andna not be included as a comp onent of any other d namic displa display of tine, date, or temperature must ri for at least 20 minutes before than yin y to a different dis lay, }ut the tine, date, o temperature information itself max chanL)e no more often than once every three seconds transition from one static disp lay to another must be ilistalitaneous without any special eftccts; d) The images and �nessaes displayed must lie complete in thonzselyes wi thout continuation in content to the next imaae or messaae or to airs other sian- immediatel stolo the dviiamic display when notified by the city that it is not cony I in r with the standards of this ordinance rialitness standards contained in subdivision L below whichever is areater, service mesa e A, Incentive Option A — Reduction of Sign , urfaces {a)?erson 121y obtain a?er it for an enhanced dyna is dis la sign on one surface of an existincy, o f­ remisps sign if the foll vin recuire�nents are et: p ermit based on the removal of the particular si surface relied upon in t]ris permit application. {iii) if tl�e re Dyed sign surface is one forvlic h a state permit is required Is state lal ,the applicant ust srcrrerdered its per it to the state noun removal of the sian surface. The sian that is the sLib �ect of �die dynamic �dis I�qysig)Dern±it cannot � }e��in to operate until proof is provided to t]�e cit�T that t]re state �errnit has been surrendered, {b 1f the applicant complies u ith t]re permit requi rements noted above the city will issue all elihaliceddvnamic display sian ennit for the desianated of" 3remisessign- . The desianated si(ol Must meet all other requirements of this ordinance, B. Incentive Option B - Provision of Co unite and Public Service l\/less i n {a) person n�ay obtain a per it for an enhanced dyna is c]ispla sign on one surface of all existing, off - p remises suol if the filllowmL� requirements are met {i) the elhanced dynamic display sign replaces an existim, surface of all existin off - premises sicry iii The city. leas not previously issued a dynamic displa sip p ermit based on the replacement of the particular sii surface relied upon in this permit app lication. {iii} The applicant shall enter into an areenent �v ith the c it to provide to e city no less than 5 hours '2250 e I alit-second per month p enhanced dvnainic disl3lav sian in the city for community and public service messages at such times as shall be deter fined by the c its {b If the applicant complies vG ith t]e permit requi rements noted above the city will issue all enhanced dvnainic display sign Den-nit for the designated This per... it will allow a dyna ic, dis�� to oc,cu� - 100 percent of the potential cop - and graphic area and to change no ore frequently than one e ever ei�xht seconds. The desianated su must meet all other requirements of this ordinance, L Brialitness Standards, 1, All suns must meet the followin) brilahmess standards in addition to those in subdivision - (a) No sign may be brighter than is necessary for clear and adequate visibility. Nos - N b - e of such in or brilliance as to impair the vision of a relay be — - motor vehicle driver with average evesialit or to otherwise interfere with the driver's or�eration of a motor vehicle. t.-) No si-n may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign device or si n The person owning or controlling the si m must adj ust the si gn Ito2 meet the brightness standards in accordance with the s instructio,,:3, . The adjust ent must be made in- rnediately upon notice of non - compliance from the city. Th C i: i� controlling the Sian may th e gc i ty 's determination through 2h the following ap ea Mc� (a) After makinig, the adjustment required by t�hecit city, Dinning or controlling the sign may appeal the citv's determination by delivering 0 the city clerk 10 days after the city's non-comIdiance notice. The written anneal must include the narne of a person unrelated to the person and business makinc the a - ,N panel. RReal, ho will serve on the ap pai 22 (b) Within five business days after recei-y the eal a person �vho is not an official ore ployee of the city to sere e on the appeal panel. Within five business days after the city names its representative, the citv representative must contact the sian owner's representative and the two of them must appoint a third member to the panel, ���ho has no relationship to either part. 3. All suns installed after (insert the effective date of this ordinance) that will have illumination by a means other than natural InTht must be e q uipped with a mechanism that automatically adjusts the brightness in respon to ambient conditions. These suns must also be equipped with a means to ins ediatel turn off the di t , or litxhtin if it malfunctions, and the sign owner or operator must immediately turn off the sign or lihtin lien notified b the cite that it is not co ply intx with tl�e standards in this section. TABLE INSET: TABLE A Ref Address (PID 4) Location Surfaces SF/ SF 4 Surface Total 27 50 Sibley Mem. I -494 between Hwy. 13 & 1 Hwy. Pilot Knob Rd_ 2 624 1,248 (103288501001) 2750 Sibley Mem. I -494 between Hwy. 13 & 2 Hwy. Pilot Knob Rd. 2 672 1,344 (103288501001) 3 2950 Hwy. 55 Hwy. 55, junction with 2 250 500 (100010001055) Hwy. 149 387 Sibley Mem. Hwy. 13, between Cedar 4 Hwy. Y. Ave. & Rahn Rd. 250 500 (100190001102) X Sibley Mem. Hwy. 13, between Cedar 5 . Ave. & Diffley Rd. 1 250 250 (100190001356) 6 3700 Cedar Ave. Hwy. 77, north of Hwy. 13 2 378 756 (100180001156) (on railroad) 2196 Cedar Ridge Hwy. 77, between Diffley 7 Court Rd. and Cliff Rd. 2 378 756 (101682102001) H 01 Sibley Mem. Hwy. 77, north of Hwy. 13 8 Y 2 378 756 (107550001000) 1181 Trapp Rd. Soo Line right -of -way, 9 (beyond NE Corner) south of I -494 and west of 1 480 480 (102250005108) Hwy. 55 M {20} {20} (added 9/5/99) 10 1255 Trapp Rd. I -494, junction of I -35E 2 378 756 (1022250014001) 2750 Eagandale 11 Blvd. Soo Line right -of -way, 2 360 720 (beyond NW Hwy. 55, west of I -35E Corner) (102250014307) (Ord. No. 366, 2nd series, eff 10 -7 -03; Ord. No. 384, 2nd series, § 1, eff. 10- 28 -04; Ord. No. 390, 2nd series, §§ 1 -4, eff. 7- 16 -05; Ord. No. 396, 2nd series, § 1, eff. 2 -7 -06; Ord. No. 398, 2nd series, § 1, eff. 2 -7 -06; Ord. No. 396R, 2nd series, § 1, eff. 8 -6 -06; Ord. No. 402, 2nd series, § 1, eff. 9- 26 -06; Ord. No. 407, 2nd series, § 1, eff 12 -4 -06) State law references: Advertising devices, Minn. Stat. ch. 173. Secs_ 11.71 -- 11.98. Reserved. y.�e...' `�. . �►` is _ �' F e 11 c� c J agate we can Memorandum To: City Council From: Greg Copeland, City Manager Date: October 2, 2007 Re: Community Television Day, October 18, 2007 Agenda Item G4 Celebrate Community Television Day — October 18, 2007 The City of Maplewood would like to proclaim October 18, 2007 as Community Television Day. The City televises all City Council meetings, Commissions and Board meetings on community television. The City of Maplewood uses Cable Channel 16 for residents in Maplewood to watch these public meetings and stay informed on City business. A program schedule can be found at rv.ci. le oo m s Proclamation for Celebrate Community Television Day — October 18, 2007 WHEREAS democracy is the foundation of our society and in order for democracy to flourish, people must be able to communicate ideas, share opinions and get information; WHEREAS a healthy, democratic society is founded on engaged, infomied and actively involved citizenry; WHEREAS for an ever increasing number of citizens their dominate means of information delivery and exchange today is through electronic media; WHEREAS Community Television contributes to diverse voices in public discourse and serves the community as an important forum for free speech as provided in the First Amendment of the US Constitution; WHEREAS Community Television provides citizens, local non - profits and other institutions with access to electronic communications training, equipment, facilities and delivery systems; teach electronic literacy and encourages civic dialogue and direct citizen participation; and; WHEREAS Community Television serves our community needs and promotes media access and enriches democracy for all people regardless of their life circumstances, their political or religious beliefs or their ability to pay; WHEREAS the City of Maplewood supports the principles of Community Television and takes an active role as a city in utilizing Community Television to communicate with its citizenry by broadcasting all City Council meetings, all citizen advisory Commissions and Board meetings and numerous other public meetings; NOW, THEREFORE IT BE RESOLVED that I, Diana Longrie, Mayor of Maplewood and the City Council members, do hereby proclaim October 18, 2007 as Celebrate Community Television Day in the City of Maplewood and we urge all citizens to embrace the important role of public access media in our democracy to protect our liberty and perpetuate our freedom and we call upon all citizens to get involved and share with their family, friends, and neighbors through community television. Diana Longrie, Mayor Rebecca Cave, City Council Member Kathleen Juenemann, City Council Member Erik hljelle, City Council Member Will Rossbach, City Council Member Karen Guilfoile, City Clerk AGENDA NO. 1-1 AGENDA REPORT TO: City Council FROM: Finance and Administration Manager RE: APPROVAL OF CLAIMS DATE: October 2, 2007 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: $ 909,077.41 Checks # 73601 thru # 73672 dated 09/19/07 to 09/25/07 $ 133,124.75 Disbursements via debits to checking account dated 09/14/07 thru 09/20/07 297,778.88 Checks # 73673 thru # 73733 dated 09/26/07 to 10/02/07 $ 308,844.03 Disbursements via debits to checking account dated 09/21/07 thru 09/27/07 $ 1,648,825.07 Total Accounts Payable PAYROLL $ 541,858.83 Payroll Checks and Direct Deposits dated 09/21/07 $ 2,696.32 Payroll Deduction check # 1003235 thru # 1003237 dated 09/21/07 $ 544,55515 Total Payroll $ 2,193,380.22 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2903 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. ds. attachments S:\CTY Lists and Reports 2007\Agenda Reports\1 0-08-07\1 1 Approval of Claims Check Register City of Maplewood 09/2412007 Check 73601 73602 73603 73604 73605 73606 73607 73608 73609 73610 73611 73612 73613 73614 73615 73616 73617 73618 73619 73620 73621 73622 73623 73624 73625 73626 73627 73628 73629 73630 73631 73632 73633 73634 73635 73636 73637 73638 73639 73640 73641 73642 73643 73644 73645 Date 09/19/2007 09/21/2007 09121/2007 09/21/2007 09/21/2007 09/25/2007 09125/2007 0912512007 09/25/2007 09/25/2007 09125/2007 09/25/2007 09/25/2007 09/25/2007 09125/2007 0912512007 09/25/2007 09/25/2007 09125/2007 09125/2007 09/25/2007 09/25/2007 09125/2007 0912512007 09/25/2007 09/25/2007 09125/2007 09/25/2007 09/25/2007 09/25/2007 09125/2007 0912512007 09/25/2007 09/25/2007 09125/2007 09125/2007 09/25/2007 09/25/2007 09125/2007 0912512007 09/25/2007 09/25/2007 09125/2007 09/25/2007 09/25/2007 09/25/2007 09125/2007 0912512007 09/25/2007 09/25/2007 09125/2007 09125/2007 09/25/2007 09/25/2007 09125/2007 Description Amount 03941 01284 01284 01345 01345 03576 00687 00687 01360 01504 01504 01504 01546 01190 01190 03918 02074 01811 01811 01811 03738 03623 03623 00202 00211 00211 00211 00223 03946 02750 00420 02921 00003 03940 03924 00487 03945 01890 00612 03943 03942 00809 00827 00985 00986 03862 01075 03740 01145 01961 01961 01175 01202 00001 00001 TOM COLOSIMO POSTMASTER POSTMASTER RAMSEY COUNTY RAMSEY COUNTY EUREKA RECYCLING HUGO'S TREE CARE INC HUGO'S TREE CARE INC REINHART FOODSERVICE CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL SUBURBAN SPORTSWEAR XCELENERGY XCELENERGY ACCOUNTEMPS R CHARLES AHL BERNATELLO'S PIZZA INC BERNATELLO'S PIZZA INC BERNATELLO'S PIZZA INC BETHEL & ASSOCIATES, PA BOB WOLLER & SONS BLACKTOPPING BOB WOLLER & SONS BLACKTOPPING JOHN KOHL BRAUN INTERTEC CORP. BRAUN INTERTEC CORP. BRAUN INTERTEC CORP. BRODIN STUDIOS, INC. STEVE DANIELSON RICHARD DAWSON DOWNTOWNER MICHAEL J DUGAS ESCROW REFUND FAIRVIEW HEALTH SERVICES FORMS & SYSTEMS OF MINNESOTA FRATTALONE COMPANIES INC. FRONTIER PRECISION, INC PATRICIA FRY GYM WORKS INC HORTICULTURE SERVICES LLC INTERIOR CONSTRUCTION SERVICES TOMMY KONG LMCIT METROPOLITAN COUNCIL METROPOLITAN COUNCIL MIDWEST MICRO IMAGING, INC MN /S.C.I.A. PAMELA MOY NAIL LAW ENFORCEMENT CONF NEXTEL COMMUNICATIONS NEXTEL COMMUNICATIONS CITY OF NORTH ST PAUL NYSTROM PUBLISHING CO INC ONE TIME VENDOR ONE TIME VENDOR NIFTY FIFTIES CAR SHOW BAND MAILING CITY NEWS PERMIT # 04903 BRM PERMIT #4903000 RECORDING FEE COURT FILING FEE RECYCLING - SEPTEMBER TREE WORK PROJ 06 -16, DESOTO- SKILLMAN, TREE MDSE FOR RESALE REPAIRS TO PULL BOXES WATER USAGE - JUNE,JULY,A000ST REPAIRS TO PULL BOXES PROMOTIONAL ITEM NEW STREET LIGHT GAS LINE REPAIR TEMPORARY EMPLOYEE WEEK END 917 REIMB FOR MEALS 9/9 - 9112 MDSE FOR RESALE MDSE FOR RESALE MDSE FOR RESALE HR SERVICES 9/7 - 9/19 ESCROW REL - 730 CRESTVIEW DR N ESCROW REL - 739 CRESTVIEW DR N RECEPTION SECURITY 9/29 PROJ 07 -01 PROF SRVS THRU 9/7 PROJ 06 -17 PROF SRVS THRU 8/10 PROJ 07 -15 PROF SRVS THRU 917 RETIREMENT PLAQUE - S ANDREWS REIMB FOR CONST OF RETAINING WALL REIMB FOR SHOES 8/9 CAR WASHES /BIOHAZARD CLEAN UPS - REIMB FOR TUITION & BOOKS 9115 - 9121 ESCROW REL K DOYLE - 949 EVAR CONSULTING SERVICES TICKETWRITER THERMAL PRINTER PROJ 06 -17 CARMAX /MOGREN PMT #3 NEW SURVEY EQUIPMENT REIMB FOR MILEAGE 8/22 - 9111 WORK ON MCC EXERCISE EQUIPMENT PROJ 06 -16 LANDSCAPING PAINT INTERIOR WALLS /NEW REIMB FOR MEAL 9/4 2ND QTR WORK COMP PREMIUM WASTEWATER - OCTOBER MONTHLY SAC - AUGUST SCAN INDEX CARDS CONFERENCE FEE REIMB FOR MILEAGE 8130 - 9/18 RESERVATION FOR CONFERENCE CITY NEXTEL CHARGES 7110 - 8/09 CITY NEXTEL CHARGES 6110 - 7109 MONTHLY UTILITIES CITY NEWS & PARKS & RECREATION REFUND L NGUYEN AMB 0717438 REFUND B O'GRADY - MEMBERSHIP 700.00 4,000.00 175.00 17.00 250.00 19,290.27 2,236.50 644.50 360.00 1,637.42 335.48 30.72 536.00 4,763.00 889.41 1,467.52 83.00 189.00 126.00 126.00 6,838.00 1,200.00 1,200.00 262.50 4,203.13 3,548.00 586.00 210.00 5,000.00 39.99 676.09 783.30 500.00 900.00 112.30 481,556.26 15,164.43 7.27 800.00 4,950.00 2,400.00 11.00 70,900.25 201,847.06 14,924.25 286.96 170.00 40.50 100.00 7,591.21 5,396.18 3,693.54 10,563.96 301.14 72.42 73646 73647 73648 73649 73650 73651 73652 73653 73654 73655 73656 73657 73658 73659 73660 73661 73662 73663 73664 73665 73666 73667 73668 73669 73670 73671 73672 09/2512007 0912512007 09125/2007 09125/2007 0912512007 0912512007 0912512007 0912512007 0912512007 0912512007 09125/2007 09125/2007 0912512007 0912512007 0912512007 0912512007 0912512007 0912512007 09125/2007 09125/2007 0912512007 0912512007 0912512007 0912512007 09/25/2007 09125/2007 09125/2007 09125/2007 0912512007 0912512007 0912512007 00001 00001 00001 00001 00001 00001 00001 00001 00001 00001 03944 01254 01254 01269 01283 03872 03872 00396 01678 02358 01574 01574 01634 03916 02069 02464 01750 01750 01828 03947 01807 ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR PEARSON MECHANICAL SERVICE INC PEPSI -COLA COMPANY PEPSI -COLA COMPANY PIPE SERVICES CORP POST BOARD PRO STAFF PRO STAFF DEPT OF PUBLIC SAFETY QW EST RAMSEY COUNTY SHERIFF T.A. SCHIFSKY & SONS, INC T.A. SCHIFSKY & SONS, INC TOUSLEY FORD, INC. TWIN CITY LAWN /LANDSCAPE INC. ULTIMATE DRAIN SERVICES INC US BANK THE WATSON CO INC THE WATSON CO INC KRIS A WEAVER KOA XIONG SUSAN ZWIEG 72 Checks in this report. REFUND K MARTY - SOCCER REFUND T MOQUIN - SOCCER REFUND E ARMITAGE - SWIM LESSON REFUND S FARNSWORTH - SWIM REFUND T SEDEDIC - SOCCER REFUND D STEBBINS - SOCCER REFUND S TARBLE - SOCCER REFUND E HADDEN - SPEAKER'S FOR REFUND MF HANZLIK - SWIM REFUND M SALAH - MEMBERSHIP REFUND PLUMBING PERMIT BL -07- MDSE FOR RESALE MDSE FOR RESALE PROJ 06 -16 STORM SEWER TELEVISING POLICE OFFICER LICENSES TEMP CONTROLLER WEEK END 919 TEMP CONTROLLER ADD'L WEEK END TRAINING REGISTRATION FEE "AMA DUMP" PHONE RECORDS REGISTRATION FEES VARIOUS BITUMINOUS MATERIALS VARIOUS BITUMINOUS MATERIALS VEHICLE MAINT /REPAIR SQUAD #945 LAWN /GARBAGE SRVS - 1700 PROJ 07 -15 SEWER TELEVISING FUNDS FOR ATM MDSE FOR RESALE MDSE FOR RESALE REIMS FOR MEALS & MILEAGE 9111 - REIMB FOR MEALS 9/4 REIMB FOR MILEAGE 9/16 - 9119 62.00 62.00 60.00 60.00 57.00 57.00 57.00 50.00 45.00 25.56 2,737.00 425.45 326.85 860.00 180.00 2,164.75 45.00 120.00 600.00 800.00 2,108.63 754.15 265.89 1,063.50 620.00 10,000.00 418.36 164.74 27.48 11.32 156.17 909.077.41 CITY OF MAPLEVVOOD Disbursements via Debits bu Checking account Transmitted Settlement Date Date Payee Description Amount 09/13/07 09/14/07 yNN State Treasurer Drivers License/Deputy Registrar 11.812.43 09/13/07 09/14/07 MN Dept of Natural Resources DNR electronic licenses 485.50 09/14/07 09/17/07 yNN State Treasurer Drivers License/Deputy Registrar 9.57520 08/17/07 08/18/07 MN State Treasurer Drivers Lioonao/DeputyRegimbor 18.814.88 00/18/07 09V19/07 MN State Treasurer Drivers Licenae/OeputyRegie\nar 12.09025 09/18/07 09/19/07 US Bank VISA One Card* Purchasing card items 69.505.56 09/19/07 09/20/07 MN State Treasurer Drivers Lioenae/OeputyRegio\nar 9.831.93 TOTAL 13312475 *Detailed listing of VISA purchases iaattached. VISA TRANSACTIONS 09/01/07 TO 09/14/07 Trans Date Posting Date Merchant Name Trans Amount Name 09/07/2007 09/10/2007 VZWRLSS *APOCC VISN $44.27 R CHARLES AHL 09/13/2007 09/14/2007 EMILY MORGAN HOTELS $601.88 R CHARLES AHL 09/07/2007 09/10/2007 FACTORY CARD OUTLET #284 $35.49 MALADY ANZALDI 09/08/2007 09/10/2007 HILLCREST DAIRY QUEEN $22.46 MALADY ANZALDI 09/12/2007 09/14/2007 ORIENTAL TRADING CO $104.19 MALADY ANZALDI 08/08/2007 09/13/2007 NUCO2 $90.47 JIM BEHAN 08/11/2007 09/13/2007 NUCO2 $71.09 JIM BEHAN 08/20/2007 09/13/2007 NUCO2 $78.12 JIM BEHAN 08/28/2007 09/13/2007 NUCO2 $90.47 JIM BEHAN 08/30/2007 09/03/2007 AQUA LOGIC INC $1,082.19 JIM BEHAN 08/30/2007 09/03/2007 AQUA LOGIC INC $282.69 JIM BEHAN 08/31/2007 09/03/2007 HENRIKSEN ACE HARDWARE $26.61 JIM BEHAN 08/31/2007 09/03/2007 NEPTUNE BENSON INC $15.39 JIM BEHAN 09/01/2007 09/03/2007 THE HOME DEPOT 2801 $278.63 JIM BEHAN 09/01/2007 09/03/2007 THE HOME DEPOT 2801 $26.60 JIM BEHAN 09/01/2007 09/13/2007 NUCO2 $60.79 JIM BEHAN 09/04/2007 09/13/2007 NUCO2 $87.28 JIM BEHAN 09/11/2007 09/12/2007 EXTRACTOR CORPORATI $47.00 JIM BEHAN 09/11/2007 09/12/2007 SIMPLEX GRINNELL WEB P $290.00 JIM BEHAN 09/12/2007 09/13/2007 WALGREENS #2936 Q03 $18.99 JIM BEHAN 09/13/2007 09/14/2007 GCS $169.00 JIM BEHAN 09/11/2007 09/13/2007 INTERNATIONAL ASS00 OF 00 $190.00 RON BOURQUIN 09/12/2007 09/13/2007 UNITED RENTALS #D09 $227.94 TROY BRINK 08/30/2007 09/03/2007 INNOVATIVE COLOR PRINTING $84.60 HEIDI CAREY 09/05/2007 09/06/2007 LILLIE SUBURBAN NEWSPAPE $1,496.75 HEIDI CAREY 09/05/2007 09/07/2007 PRESS PUBLICATIONS $355.00 HEIDI CAREY 09/10/2007 09/12/2007 MICHAELS #2744 $23.72 HEIDI CAREY 09/11/2007 09/13/2007 INNOVATIVE COLOR PRINTING $84.60 HEIDI CAREY 09/07/2007 09/10/2007 VIKING ELEC- CREDIT DEPT. $36.74 SCOTT CHRISTENSON 08/31/2007 09/03/2007 ACE VACUUM CENTER $27.69 CHARLES DEAVER 09/04/2007 09/06/2007 OFFICE 1000 8146786484 $386.31 CHARLES DEAVER 09/06/2007 09/07/2007 MENARDS 3022 $16.35 CHARLES DEAVER 09/07/2007 09/10/2007 G & K SERVICES 006 $59.10 CHARLES DEAVER 09/07/2007 09/10/2007 BIZCHAIR.COM $141.96 CHARLES DEAVER 09/07/2007 09/10/2007 BIZCHAIR.COM $100.10 CHARLES DEAVER 09/12/2007 09/14/2007 THE TESSMAN COMPANY $1,046.46 DAVE EDSON 08/31/2007 09/03/2007 COMMERCIAL FURNITURE SRVC $133.13 LARRY FARR 09/01/2007 09/03/2007 HEJNY RENTAL $166.31 LARRY FARR 09/04/2007 09/05/2007 COMMERCIAL FURNITURE SRVC $330.00 LARRY FARR 09/04/2007 09/05/2007 CABLING SERVICES CORPORA $1,914.51 LARRY FARR 09/04/2007 09/05/2007 WMS *WASTE MGMT WMEZPAY $358.70 LARRY FARR 09/04/2007 09/05/2007 WMS *WASTE MGMT WMEZPAY $442.42 LARRY FARR 09/04/2007 09/05/2007 WMS *WASTE MGMT WMEZPAY $903.98 LARRY FARR 09/04/2007 09/06/2007 GOPHER STAGE LIGHTING INC $1,277.00 LARRY FARR 09/04/2007 09/06/2007 THE HOME DEPOT 2801 $274.40 LARRY FARR 09/06/2007 09/07/2007 COMMERCIAL FURNITURE SRVC $367.94 LARRY FARR 09/06/2007 09/07/2007 TWIN CITY HARDWARE HADLEY $279.84 LARRY FARR 09/06/2007 09/10/2007 TRANS TWIN CITIES $353.50 LARRY FARR 09/07/2007 09/10/2007 G & K SERVICES 006 $378.80 LARRY FARR 09/07/2007 09/10/2007 G & K SERVICES 006 $758.15 LARRY FARR 09/07/2007 09/10/2007 ELECTRO WATCHMAN INC $359.99 LARRY FARR 09/07/2007 09/10/2007 ELECTRO WATCHMAN INC $281.82 LARRY FARR 09/07/2007 09/10/2007 THE HOME DEPOT 2801 $50.91 LARRY FARR 09/11/2007 09/12/2007 MENARDS 3059 $277.07 LARRY FARR 09/12/2007 09/13/2007 PREMIUM WATERS INC $5.33 LARRY FARR 09/13/2007 09/14/2007 COMMERCIAL FURNITURE SRVC $89.44 LARRY FARR 09/13/2007 09/14/2007 WHEELER HARDWARE $786.65 LARRY FARR 09/04/2007 09/06/2007 INSIGHT PUBLIC SECTOR $843.12 MYCHAL FOWLDS 09/05/2007 09/06/2007 CTO *GOTOMYPC.COM $1,087.80 MYCHAL FOWLDS 09/05/2007 09/07/2007 GOLDCOM 00 OF 00 $736.01 MYCHAL FOWLDS 09/06/2007 09/10/2007 GOLDCOM 00 OF 00 $29.15 MYCHAL FOWLDS VISA TRANSACTIONS 09/01/07 TO 09/14/07 Trans Date Posting Date Merchant Name Trans Amount Name 09/10/2007 09/11/2007 METRO SALES INC $1,829.80 MYCHAL FOWLDS 09/10/2007 09/12/2007 SPRINTPCS- CUSTCAREPMT $403.28 MYCHAL FOWLDS 09/11/2007 09/12/2007 ATT* SERVICE $1,013.60 MYCHAL FOWLDS 09/11/2007 09/12/2007 CITY OF ROSEVILLE CITY HA $865.00 MYCHAL FOWLDS 09/11/2007 09/13/2007 CUSTOMER SUPT CENTER $895.67 MYCHAL FOWLDS 09/12/2007 09/13/2007 QWESTCOMM *TN651 $66.45 MYCHAL FOWLDS 09/12/2007 09/13/2007 GOVDOCS.COM, INC. $410.00 MYCHAL FOWLDS 09/13/2007 09/14/2007 PAYPAL INC $61.35 MYCHAL FOWLDS 08/30/2007 09/03/2007 GOLDCOM $320.45 NICK FRANZEN 09/02/2007 09/03/2007 SYX *TIGERDIRECT.COM $131.47 NICK FRANZEN 09/11/2007 09/13/2007 INSIGHT PUBLIC SECTORS $840.93 NICK FRANZEN 09/11/2007 09/14/2007 INSIGHT PUBLIC SECTORS $268.00 NICK FRANZEN 09/12/2007 09/13/2007 SYX *TIGERDIRECT.COM $260.45 NICK FRANZEN 09/13/2007 09/14/2007 THE CAD ZONE, INC. $604.00 NICK FRANZEN 09/14/2007 09/14/2007 HP DIRECT- PUBLICSECTOR $4,636.07 NICK FRANZEN 09/14/2007 09/14/2007 HP DIRECT- PUBLICSECTOR $293.94 NICK FRANZEN 08/30/2007 09/03/2007 OFFICE DEPOT #1090 $176.83 PATRICIA FRY 09/10/2007 09/11/2007 CUB FOODS, INC. $113.81 PATRICIA FRY 09/11/2007 09/13/2007 CHILI'S GR122400002246 $75.09 PATRICIA FRY 09/12/2007 09/13/2007 JAKE'S CITY GRILLE - M $103.98 PATRICIA FRY 08/31/2007 09/03/2007 PAYPAL *GOVTTRNGSVC $75.00 VIRGINIA GAYNOR 09/07/2007 09/10/2007 PAYPAL *GOVTTRNGSVC ($75.00) VIRGINIA GAYNOR 09/10/2007 09/11/2007 PANERA BREAD #1305 $26.58 VIRGINIA GAYNOR 09/13/2007 09/14/2007 HEJNY RENTAL $51.97 VIRGINIA GAYNOR 08/31/2007 09/03/2007 MOGREN LANDSCAPE SUPPLY L $26.95 DAVID GERMAIN 09/05/2007 09/06/2007 MOGREN LANDSCAPE SUPPLY L $27.96 DAVID GERMAIN 09/05/2007 09/06/2007 MOGREN LANDSCAPE SUPPLY L $27.96 DAVID GERMAIN 09/06/2007 09/07/2007 LINDERS GARDEN CENTER $37.34 DAVID GERMAIN 09/05/2007 09/07/2007 BLUE RIBBON BAIT & TACKLE $3.09 CAROLE GERNES 09/11/2007 09/13/2007 THE HOME DEPOT 2801 $51.06 CLARENCE GERVAIS 09/13/2007 09/14/2007 INTL ASSOC OF FIRE CHIEFS $210.00 CLARENCE GERVAIS 08/30/2007 09/03/2007 OFFICE DEPOT #1090 $37.80 JEAN GLASS 09/04/2007 09/05/2007 OFFICE DEPOT #1090 $61.30 JEAN GLASS 09/07/2007 09/10/2007 OFFICE DEPOT #1090 $73.10 JEAN GLASS 09/07/2007 09/10/2007 OFFICE DEPOT #1090 $4.61 JEAN GLASS 09/04/2007 09/06/2007 PRAIRIE MOON NURSERY 1 $42.07 JANET M GREW HAYMAN 09/06/2007 09/07/2007 KNOWLANS #2 $7.18 JANET M GREW HAYMAN 09/08/2007 09/10/2007 RICHARDS MARKET INC $11.82 JANET M GREW HAYMAN 08/31/2007 09/03/2007 INTAB INC $832.12 KAREN E GUILFOILE 09/10/2007 09/11/2007 PROP ERTYKEY.COM, INC. $50.00 KAREN E GUILFOILE 09/13/2007 09/14/2007 THE UPS STORE #2171 $13.21 MARK HAAG 09/06/2007 09/10/2007 OFFICE DEPOT #1090 $55.69 LORI HANSON 09/10/2007 09/11/2007 OFFICE DEPOT #1090 $29.97 LORI HANSON 09/03/2007 09/04/2007 MENARDS 3059 $7.54 PATRICK HEFFERNAN 09/04/2007 09/05/2007 MENARDS 3059 $2.97 PATRICK HEFFERNAN 09/04/2007 09/05/2007 MENARDS 3059 $4.22 PATRICK HEFFERNAN 09/04/2007 09/06/2007 CHECKER #180200018028 $6.83 PATRICK HEFFERNAN 09/10/2007 09/12/2007 CHECKER #180200018028 ($6.83) PATRICK HEFFERNAN 09/11/2007 09/12/2007 KAT KEYS LOCK AND $64.04 PATRICK HEFFERNAN 09/01/2007 09/03/2007 NAPA AUTO PARTS # 28438 $19.15 RICK HERLUND 09/08/2007 09/10/2007 PAPA JOHNS #1838 $96.60 RICK HERLUND 09/07/2007 09/10/2007 HEJNY RENTAL $127.04 GARY HINNENKAMP 09/10/2007 09/11/2007 MOGREN LANDSCAPE SUPPLY L $37.28 GARY HINNENKAMP 09/05/2007 09/06/2007 POOLTOY.COM $76.55 RON HORWATH 09/05/2007 09/07/2007 STREAMLINE DESIGN INC $231.12 RON HORWATH 09/06/2007 09/07/2007 TARGET 00011858 $2.66 RON HORWATH 09/01/2007 09/03/2007 DE LADE LANDEN OP01 OF 01 $206.61 ANN E HUTCHINSON 09/05/2007 09/06/2007 MENARDS 3022 $244.90 ANN E HUTCHINSON 09/12/2007 09/13/2007 MUSEUM PRODUCTS $56.75 ANN E HUTCHINSON 09/05/2007 09/06/2007 FEDEX KINKO'S #0617 $265.40 MARY JACKSON 09/07/2007 09/14/2007 DALCO ENTERPRISES, INC $296.67 DAVID JAHN 0 VISA TRANSACTIONS 09/01/07 TO 09/14/07 Trans Date Posting Date Merchant Name Trans Amount Name 09/05/2007 09/06/2007 HENRIKSEN ACE HARDWARE $5.18 DON JONES 09/13/2007 09/14/2007 HEJNY RENTAL $306.04 DON JONES 09/04/2007 09/05/2007 SUPREME AUDIO INC $170.30 MARY B KOEHNEN 09/05/2007 09/06/2007 YOGA FIT WORLDWIDE, INC. $270.43 MARY B KOEHNEN 09/05/2007 09/06/2007 YOGA FIT WORLDWIDE, INC. $175.93 MARY B KOEHNEN 08/31/2007 09/03/2007 VZWRLSS *APOCC VISN $72.28 DUWAYNE KONEWKO 09/04/2007 09/05/2007 PANERA BREAD #1305 $169.47 DUWAYNE KONEWKO 09/11/2007 09/13/2007 VERIZON WRLS M3099 -01 $258.20 DUWAYNE KONEWKO 09/05/2007 09/06/2007 MENARDS 3059 $9.35 JASON KREGER 08/31/2007 09/03/2007 INTAB INC $14.88 LISA KROLL 09/04/2007 09/05/2007 OFFICE DEPOT #1090 $17.57 LISA KROLL 09/12/2007 09/13/2007 ARVEY PAPER & OFFICE PRO $1,049.65 LISA KROLL 09/02/2007 09/03/2007 CTO *GOTOMYPC.COM $19.95 ERIN M LABEREE 09/10/2007 09/10/2007 SPRINTPCS AUTOPYMT RC1 $55.84 ERIN M LABEREE 09/10/2007 09/12/2007 CVS PHARMACY #1751 Q03 $15.30 RANDY LINDBLOM 09/11/2007 09/13/2007 THE HOME DEPOT 2801 $96.97 RANDY LINDBLOM 09/06/2007 09/10/2007 THE HOME DEPOT 2801 $78.80 DENNIS LINDORFF 09/06/2007 09/10/2007 THE HOME DEPOT 2801 $7.65 DENNIS LINDORFF 09/07/2007 09/10/2007 THE UPS STORE #2171 $13.07 HOLLY LINTNER 09/07/2007 09/10/2007 OFFICE MAX $3.50 HOLLY LINTNER 08/31/2007 09/03/2007 AIRGAS NORTH CENTRAL $1,124.43 STEVE LUKIN 09/04/2007 09/05/2007 VALLEY TROPHY $385.00 STEVE LUKIN 09/05/2007 09/06/2007 CUB FOODS, INC. $35.11 STEVE LUKIN 09/05/2007 09/10/2007 ASPEN MILLS 8005717343 $44.95 STEVE LUKIN 09/05/2007 09/10/2007 ASPEN MILLS 8005717343 $341.30 STEVE LUKIN 09/06/2007 09/07/2007 MENARDS 3059 $103.04 STEVE LUKIN 09/06/2007 09/10/2007 THE HOME DEPOT 2801 $106.18 STEVE LUKIN 09/06/2007 09/10/2007 OVERHEAD DOOR OF NORTH $312.40 STEVE LUKIN 09/07/2007 09/10/2007 CUB FOODS, INC. $58.93 STEVE LUKIN 09/07/2007 09/10/2007 MAPLEWOOD CARBONES $60.70 STEVE LUKIN 09/07/2007 09/11/2007 DAVIS LOCK & SAFE $45.26 STEVE LUKIN 09/08/2007 09/10/2007 CARBONE'S ON CENTURY $57.95 STEVE LUKIN 09/11/2007 09/13/2007 CHECKER #182800018283 $15.61 STEVE LUKIN 09/11/2007 09/13/2007 ASPEN MILLS 8005717343 $208.80 STEVE LUKIN 09/11/2007 09/13/2007 ASPEN MILLS 8005717343 $223.70 STEVE LUKIN 09/11/2007 09/13/2007 ASPEN MILLS 8005717343 $227.70 STEVE LUKIN 09/13/2007 09/14/2007 EMERGENCY APPARATUS MAINT $1,814.86 STEVE LUKIN 09/13/2007 09/14/2007 EMERGENCY APPARATUS MAINT $346.47 STEVE LUKIN 09/13/2007 09/14/2007 EMERGENCY APPARATUS MAINT $1,109.08 STEVE LUKIN 09/04/2007 09/05/2007 HENRIKSEN ACE HARDWARE $101.94 MARK MARUSKA 09/04/2007 09/06/2007 THE TESSMAN COMPANY $2,616.16 MARK MARUSKA 09/05/2007 09/06/2007 WMS *WASTE MGMT WMEZPAY $2,020.42 MARK MARUSKA 09/07/2007 09/10/2007 G & K SERVICES 006 $519.26 MARK MARUSKA 09/10/2007 09/11/2007 LTG POWER EQUIPMENT $275.55 MARK MARUSKA 09/11/2007 09/12/2007 MENARDS 3059 $169.89 MARK MARUSKA 09/11/2007 09/13/2007 HIRSHFIELD'S MAPLEWOOD $216.33 MARK MARUSKA 09/02/2007 09/03/2007 FSH COMMUNICATION01 OF 01 $63.90 ROBERT MITTET 09/07/2007 09/10/2007 SHRED -IT 01 OF 01 $19.65 ROBERT MITTET 09/12/2007 09/13/2007 CINTAS FIRST AID #431 $65.84 BRYAN NAGEL 09/06/2007 09/10/2007 RYCO SUPPLY COMPANY ($31.90) JEAN NELSON 09/06/2007 09/10/2007 OFFICE DEPOT #1090 $91.53 AMY NIVEN 09/07/2007 09/10/2007 G & K SERVICES 006 $768.86 AMY NIVEN 09/07/2007 09/10/2007 G & K SERVICES 006 $262.65 AMY NIVEN 09/07/2007 09/10/2007 G & K SERVICES 006 $144.55 AMY NIVEN 08/30/2007 09/03/2007 OFFICE DEPOT #1090 $39.21 MARY KAY PALANK 09/10/2007 09/11/2007 TARGET 00021352 $12.01 MARY KAY PALANK 08/30/2007 09/03/2007 THE HOME DEPOT 2801 $25.19 ROBERT PETERSON 08/31/2007 09/03/2007 APPLIANCE SMART MAPLEWOO $372.74 ROBERT PETERSON 09/04/2007 09/05/2007 HENRIKSEN ACE HARDWARE $4.78 ROBERT PETERSON 09/06/2007 09/07/2007 LIFE LINK 111 $85.00 ROBERT PETERSON 09/10/2007 09/11/2007 GRAFIX SHOPPE $360.00 PHILIP F POWELL VISA TRANSACTIONS 09/01/07 TO 09/14/07 Trans Date Posting Date Merchant Name Trans Amount Name 08/31/2007 09/03/2007 TRI -ANIM HEALTH SERVICES $230.88 ROBERT PRECHTEL 09/05/2007 09/06/2007 TARGET 00000687 $195.98 ROBERT PRECHTEL 09/05/2007 09/06/2007 TRI -ANIM HEALTH SERVICES $287.80 ROBERT PRECHTEL 09/07/2007 09/10/2007 S & W HEALTHCARE CORP $360.00 ROBERT PRECHTEL 09/09/2007 09/10/2007 ARROWWOOD RESORT & CONF C $462.18 ROBERT PRECHTEL 09/12/2007 09/13/2007 TRI -ANIM HEALTH SERVICES $167.07 ROBERT PRECHTEL 08/31/2007 09/03/2007 GE CAPITAL $331.22 WILLIAM J PRIEFER 08/30/2007 09/03/2007 KATH AUTO PARTS NSP $73.66 STEVEN PRIEM 08/30/2007 09/03/2007 TOUSLEY FORD 127200021 $393.42 STEVEN PRIEM 08/30/2007 09/03/2007 TOUSLEY FORD 127200039 $393.42 STEVEN PRIEM 08/31/2007 09/03/2007 KATH AUTO PARTS NSP $56.07 STEVEN PRIEM 08/31/2007 09/03/2007 KATH AUTO PARTS NSP $60.85 STEVEN PRIEM 08/31/2007 09/03/2007 TRUCK UTILITIES INC $42.90 STEVEN PRIEM 08/31/2007 09/03/2007 BOYER FORD TRUCKS INC $31.61 STEVEN PRIEM 08/31/2007 09/03/2007 CUSHMAN MOTOR COMPANY $67.24 STEVEN PRIEM 09/04/2007 09/06/2007 CARLSON TRACTOR & EQUIP $448.25 STEVEN PRIEM 09/05/2007 09/06/2007 BAUER BOLT TRE33200023 $109.33 STEVEN PRIEM 09/05/2007 09/06/2007 BAUER BULT TRE33200023 $151.23 STEVEN PRIEM 09/05/2007 09/10/2007 AMERICAN FASTENER & SUPPL $22.50 STEVEN PRIEM 09/06/2007 09/07/2007 TRUCK UTILITIES INC $30.34 STEVEN PRIEM 09/06/2007 09/07/2007 BAUER BULT TRE33200023 $302.46 STEVEN PRIEM 09/06/2007 09/10/2007 KATH AUTO PARTS NSP $26.18 STEVEN PRIEM 09/06/2007 09/10/2007 TOUSLEY FORD 127200039 $111.63 STEVEN PRIEM 09/07/2007 09/10/2007 KATH AUTO PARTS NSP ($27.57) STEVEN PRIEM 09/07/2007 09/10/2007 KATH AUTO PARTS NSP $27.57 STEVEN PRIEM 09/10/2007 09/11/2007 TURF WORKS FEI EAST $109.75 STEVEN PRIEM 09/10/2007 09/12/2007 KATH AUTO PARTS NSP $9.63 STEVEN PRIEM 09/10/2007 09/12/2007 COMO LUBE & SUP $109.18 STEVEN PRIEM 09/10/2007 09/13/2007 AMERICAN FASTENER & SUPPL $37.88 STEVEN PRIEM 09/11/2007 09/13/2007 TOUSLEY FORD 127200039 ($64.85) STEVEN PRIEM 09/11/2007 09/13/2007 TOUSLEY FORD 127200039 $64.85 STEVEN PRIEM 09/11/2007 09/13/2007 TOUSLEY FORD 127200039 $59.00 STEVEN PRIEM 09/11/2007 09/13/2007 TOUSLEY FORD 127200039 $29.71 STEVEN PRIEM 09/12/2007 09/14/2007 KATH AUTO PARTS NSP ($92.90) STEVEN PRIEM 09/12/2007 09/14/2007 KATH AUTO PARTS NSP $154.70 STEVEN PRIEM 09/12/2007 09/14/2007 TOUSLEY FORD 127200039 $163.43 STEVEN PRIEM 09/12/2007 09/14/2007 BAUER BULT TRE33200023 $348.57 STEVEN PRIEM 09/12/2007 09/14/2007 TRI -STATE BOBCAT INC. $63.15 STEVEN PRIEM 09/12/2007 09/14/2007 FORCE AMERICA $460.00 STEVEN PRIEM 09/13/2007 09/14/2007 POMPS TIRE SERVICE $93.19 STEVEN PRIEM 09/13/2007 09/14/2007 POLAR CHEVROLET $197.34 STEVEN PRIEM 09/03/2007 09/04/2007 ACCURINT EOM AUTO P $30.00 KEVIN RABBETT 09/05/2007 09/10/2007 UNIFORMS UNLIMITED $2,087.76 KEVIN RABBETT 09/07/2007 09/10/2007 SHRED -IT 01 OF 01 $92.91 KEVIN RABBETT 09/13/2007 09/13/2007 COMCAST CABLE COMM $34.00 KEVIN RABBETT 09/05/2007 09/07/2007 DALCO ENTERPRISES, INC $405.33 MICHAEL REILLY 08/31/2007 09/03/2007 TARGET 00011858 $136.33 AUDRA ROBBINS 08/31/2007 09/03/2007 PANERA BREAD #1305 $34.17 AUDRA ROBBINS 08/31/2007 09/03/2007 CUB FOODS, INC. $39.57 AUDRA ROBBINS 09/04/2007 09/05/2007 TARGET 00011858 $30.17 AUDRA ROBBINS 09/04/2007 09/05/2007 TARGET 00011858 $27.30 AUDRA ROBBINS 09/11/2007 09/12/2007 MAPLEWOOD PARKS AND RECRE $34.00 AUDRA ROBBINS 09/11/2007 09/12/2007 MAPLEWOOD PARKS AND RECRE $7.50 AUDRA ROBBINS 08/31/2007 09/03/2007 GE CAPITAL $43.67 HARRIET J RYDEL 08/31/2007 09/03/2007 SPRINT *NEXTEL -CS $38.36 HARRIET J RYDEL 09/07/2007 09/10/2007 OFFICE DEPOT #1090 $415.32 HARRIET J RYDEL 09/07/2007 09/10/2007 THE HOME DEPOT 2801 $28.90 JAMES SCHINDELDECKER 09/11/2007 09/12/2007 MENARDS 3059 $321.25 JAMES SCHINDELDECKER 09/12/2007 09/14/2007 HIRSHFIELD'S MAPLEWOOD $103.15 JAMES SCHINDELDECKER 09/05/2007 09/07/2007 COLE INFORMATION $288.95 MICHAEL SHORTREED 09/10/2007 09/12/2007 REGAL AUTOWASH XX ASSO $44.72 MICHAEL SHORTREED 0 VISA TRANSACTIONS 09/01/07 TO 09/14/07 Trans Date Posting Date Merchant Name Trans Amount Name 09/10/2007 09/12/2007 UNIFORMS UNLIMITED INC $76.68 MICHAEL SHORTREED 09/10/2007 09/12/2007 UNIFORMS UNLIMITED INC $87.32 MICHAEL SHORTREED 09/11/2007 09/13/2007 DEFENSE TECHNOLOG01 OF 01 $1,250.00 MICHAEL SHORTREED 09/11/2007 09/13/2007 PAYPAL *MINNESOTACO $95.85 MICHAEL SHORTREED 09/12/2007 09/14/2007 UNIFORMS UNLIMITED INC $112.40 MICHAEL SHORTREED 09/12/2007 09/14/2007 KUSTOM SIGNALS, INC. $295.78 MICHAEL SHORTREED 09/04/2007 09/05/2007 OFFICE DEPOT #1090 $18.74 ANDREA SINDT 09/07/2007 09/10/2007 OFFICE DEPOT #1090 $30.71 ANDREA SINDT 09/10/2007 09/11/2007 T- MOBILE IVR PAYMENT $30.24 ANDREA SINDT 09/11/2007 09/12/2007 METRO SALES INC $133.65 ANDREA SINDT 09/12/2007 09/13/2007 RON'S VIRTUE PRINTI $442.06 ANDREA SINDT 09/02/2007 09/04/2007 OFFICE DEPOT #2592 $51.58 PAULINE STAPLES 09/06/2007 09/10/2007 ON SITE SANITATION INC $144.84 PAULINE STAPLES 09/07/2007 09/10/2007 TARGET 00006940 $7.41 PAULINE STAPLES 09/10/2007 09/12/2007 ON SITE SANITATION INC $61.12 PAULINE STAPLES 09/05/2007 09/06/2007 CUB FOODS, INC. $63.90 JOANNE M SVENDSEN 09/13/2007 09/14/2007 CUB FOODS, INC. $39.08 JOANNE M SVENDSEN 08/30/2007 09/03/2007 ON SITE SANITATION INC $956.80 DOUGLAS J TAUBMAN 09/01/2007 09/03/2007 T- MOBILE RECURRING PMT $106.14 DOUGLAS J TAUBMAN 09/06/2007 09/10/2007 ON SITE SANITATION INC $152.80 DOUGLAS J TAUBMAN 09/11/2007 09/12/2007 TARGET 00011858 $58.52 JAMES TAYLOR 08/30/2007 09/03/2007 ANCOM TECHNICAL CENTER IN $15.00 SUSAN ZWIEG 08/31/2007 09/04/2007 QUILL CORPORATION $169.77 SUSAN ZWIEG 09/06/2007 09/10/2007 OFFICE MAX $10.53 SUSAN ZWIEG 09/13/2007 09/14/2007 PAPA JOHNS #1838 $38.69 SUSAN ZWIEG 0 Check Register City of Maplewood 11IS7Y.FdYIiI�t1 Check Date Vendor 73673 0912612007 01076 MN APA 73674 0912612007 03950 GORDON BERNARD CO, LLC 73675 09126/2007 00261 CAREFREE COTTAGES OF 73676 0912612007 00261 CAREFREE COTTAGES OF 73677 0912612007 00261 CAREFREE COTTAGES OF 73678 0912712007 00396 DEPT OF PUBLIC SAFETY 73679 1010212007 00111 ANIMAL CONTROL SERVICES INC 73680 1010212007 00283 CENTURY COLLEGE 73681 1010212007 00585 GOPHER STATE ONE -CALL 73682 1010212007 01819 MCLEOD USA 73683 1010212007 01546 SUBURBAN SPORTSWEAR 1010212007 01546 SUBURBAN SPORTSWEAR 73684 1010212007 02462 SCOTT D WEMYSS 73685 1010212007 01190 XCEL ENERGY 1010212007 01190 XCEL ENERGY 1010212007 01190 XCEL ENERGY 73686 1010212007 03918 ACCOUNTEMPS 73687 1010212007 03824 ASSURANT EMPLOYEE BENEFITS 73688 1010212007 03958 MARKESE BENJAMIN 73689 1010212007 03513 BRIAN BIERDEMAN 73690 1010212007 03955 JAMES A. BLOEMENDAL 73691 1010212007 00211 BRAUN INTERTEC CORP. 73692 1010212007 02345 BRIN NORTHWESTERN GLASS CO 73693 1010212007 00494 CHILDREN HOME & FAMILY SERVICE 73694 1010212007 02929 CNAGLAC 73695 1010212007 00309 COMMISSIONER OF TRANSPORTATION 73696 1010212007 00371 DAKOTA CTY TECHNICAL COLLEGE 73697 1010212007 00451 EGAN COMPANIES INC 73698 1010212007 00003 ESCROW REFUND 73699 1010212007 03516 ANTHONY GABRIEL 73700 1010212007 00589 DAVE GRAF 73701 1010212007 01605 IFP TEST SERVICES INC 73702 1010212007 03956 KATIE INCANTALUPO 73703 1010212007 02995 INTEGRATED LOSS CONTROL INC 73704 1010212007 03952 K C CUSTOM INC 73705 1010212007 03729 KNAAK & KANTRUD PA 73706 1010212007 03953 KNIFE LAKE CONCRETE, INC 73707 1010212007 03954 KUNDE CONSULTANTS 73708 1010212007 00820 KUSTOM SIGNALS INC 73709 1010212007 00872 DENNIS LINDORFF 73710 1010212007 02823 JERROLD MARTIN 73711 1010212007 03818 MEDICA 73712 1010212007 03959 ROBERT MITTET 73713 1010212007 01085 MN LIFE INSURANCE 73714 1010212007 01075 MN1S.C.I.A. 73715 1010212007 03587 NORTHERN STAR COUNCIL 73716 1010212007 03902 MEGHAN OHLHAUSER 73717 1010212007 03951 OLYMPIC UNIFORMS 73718 1010212007 00001 ONE TIME VENDOR 73719 1010212007 01941 PATRICK TROPHIES 73720 1010212007 03872 PRO STAFF 73721 1010212007 03704 RUESCH INTERNATIONAL INC 73722 1010212007 01418 SAM'S CLUB DIRECT 73722 1010212007 01418 SAM'S CLUB DIRECT 1010212007 01418 SAM'S CLUB DIRECT 1010212007 01418 SAM'S CLUB DIRECT 1010212007 01418 SAM'S CLUB DIRECT Description Amount REGISTRATION FEE CALENDARS FOR FUNDRAISING TAX INCREMENT HOUSING DISTRICT 1 -4 TAX INCREMENT HOUSING DISTRICT 1 -6 TAX INCREMENT HOUSING DISTRICT 1 -5 TRANSFER TITLE OF FORFEITURE PATROL & BOARDING FEE 913 - 9123 REGISTATION FEES NET BILLABLE TICKETS - AUGUST LOCAL PHONE SERVICE 8116 - 9115 SHIRTS FOR VOLLEYBALL LEAGUE PROMOTIONAL ITEMS NAMETAGS ELECTRIC & GAS UTILITY ELECTRIC UTILITY METERED SPEED SIGN TEMPORARY EMPLOYEE WEEK END MONTHLY PREMIUM - OCTOBER REIMB FOR UNIFORM BOOTS 8124 K -9 MAINTENANCE - OCT ESCROW REL - 2510 BROOKVIEW PROJ 06 -17 PROF SRVS THRU 917 INSTALLATION OF DOOR AT MCC YOUTH DIVERSION PROG -AUGUST MONTHLY PREMIUM - OCTOBER PROJ 06 -16 TESTING/INSPECTIONS EMERGENCY RESPONSE DRIVING - REPAIR & MAINT GAS LINE KITCHEN ESCROW R J SWENSON - 2434 K -9 MAINTENANCE - OCT KARATE INSTRUCTOR 914 - 9125 PSYCHOLOGICAL EXAM ZUMBA CLASS INSTRUCTOR RIGHT -TO- KNOW - TRAINING - OCTOBER ADDITION OF 2 NEW CABINETS PROSECUTION & LEGAL SERVICES - PROJ 07 -01 CONCRETE WORK TREE CONSULTATION REPAIR TO RADAR UNIT #961 REIMB FOR SAFETY BOOTS 9124 POLICE OFFICER FOR 9122 RECEPTION MONTHLY PREMIUM - OCTOBER REIMB FOR MILEAGE 9118 - 9125 MONTHLY PREMIUM - OCTOBER REGISTRATION FEE EXPLORERS RECHARTERING FEE REIMB FOR MILEAGE 8117 BIKE PATROL SHIRTS - POLICE RES REFUND J MORRISON - SOFTBALL PLAQUE RESIN FOR CAR SHOW 919 TEMP CONTROLLER WEEK END 9116 ANNUAL 3M EPAY RENEWAL GYM SUPPLIES MOVIE NIGHT/GYM SUPPLIES MDSE FOR RESALE SUPPLIES FOR STATIONS VENDING MACHINE SUPPLIES 250.00 902.65 15,514.51 29,192.45 11,937.64 54.75 1,429.78 485.00 1,021.25 2,062.48 1,082.50 548.00 23.17 20,951.98 940.28 10.72 1,765.61 8,973.12 150.29 35.00 5,145.89 1,226.25 6,000.00 3,526.08 601.48 434.16 750.00 851.25 500.00 35.00 81.25 375.00 1,327.20 713.00 850.00 16,500.00 1,550.00 525.00 119.36 144.95 245.00 138,722.00 174.12 3,351.87 170.00 96.00 8.64 1,063.58 380.00 137.85 1,806.02 150.00 486.92 280.39 254.68 231.41 218.29 10 Check Register City of Maplewood 11IS7Y.FdYIiI�t1 Check Date Vendor Description Amount 1010212007 01418 SAM'S CLUB DIRECT MDSE FOR RESALE 167.45 1010212007 01418 SAM'S CLUB DIRECT B -DAY CAKE & JUICE 26.37 10102/2007 01418 SAM'S CLUB DIRECT GYM SUPPLIES 2420 1010212007 01418 SAM'S CLUB DIRECT GRAB BAG SUPPLIES 22.74 1010212007 01418 SAM'S CLUB DIRECT MOVIE NIGHT/GYM SUPPLIES 16.94 73723 1010212007 03949 SAN JAC ENGRAVE AWARDS/PLAQUES CAR 372.75 73724 1010212007 03745 SANDY'S SEWING DEN FIRE SUITS ALTERATION 10.00 73725 1010212007 03957 RON SCHLANGEN PROJ 07 -01 REIMS FOR DRIVEWAY 1,175.00 73726 1010212007 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 5,653.73 1010212007 00198 ST PAUL REGIONAL WATER SRVS KENNARD IRRIGATION SYSTEM 257.04 73727 1010212007 03598 PAUL THEISEN REIMB FOR UNIFORM 9110 35.50 73728 1010212007 01634 TOUSLEY FORD, INC. REPAIR & MAINT DEDUCTIBLE 100.00 73729 1010212007 02069 ULTIMATE DRAIN SERVICES INC PROJ 07 -15 SEWER TELEVISING 455.00 1010212007 02069 ULTIMATE DRAIN SERVICES INC PROJ 06 -16 SEWER TELEVISING 355.00 1010212007 02069 ULTIMATE DRAIN SERVICES INC PROJ 06 -16 SEWER TELEVISING 275.00 1010212007 02069 ULTIMATE DRAIN SERVICES INC PROJ 06 -16 SEWER TELEVISING 160.00 1010212007 02069 ULTIMATE DRAIN SERVICES INC PROJ 07 -15 SEWER TELEVISING 160.00 73730 1010212007 01750 THE WATSON CO INC MDSE FOR RESALE 191.04 1010212007 01750 THE WATSON CO INC MDSE FOR RESALE 15030 73731 1010212007 01757 CABOT WELCHLIN REIMB FOR MEALS 9118 - 9 -19 27.00 73732 1010212007 03948 AARON WULFF BALLROOM DANCE INSTRUCTOR - FALL 244.80 73733 1010212007 01190 XCEL ENERGY PROJ 06 -17 STREET LIGHT 1,534.70 297 778.88 61 Checks in this report. 11 CITY OF MAPLEVVOOD Disbursements via Debits bu Checking account Transmitted Date O9/20O O9/200 UA/20/07 U8/2O/0T U0/21/O7 O9/21/0T UQ/21/07 U8/21/0T O9/24/O7 O9/24/07 UA/24/07 U8/24/0T U0/24/O7 O9/25/0T UQ/2G/07 U8/26/0T Settlement Date O0/21/O7 O8/21/0T UQ/21/07 08/21/0T O9/24/O7 O9/24/07 UA/24/07 U8/24/0T O0/25/O7 O9/25/0T UQ/25/07 U8/25/0T O9/25/O7 O9/2G/07 UA/27/07 U8/27/0T Payee IVIN State Treasurer |CIVIA(Vantagepointe) Orchard Trust INN Dept of Natural Resources IVIN State Treasurer U.8.Tnaeaurer P.E.R.A. Pitney Bowes IVIN State Treasurer MidAmehca |NG Labor Unions IVIN State Treasurer VV| Dept nfRevenue IVIN State Treasurer IVIN State Treasurer ARC Administration Description Drivers License/Deputy Registrar Deferred Compensation Deferred Compensation DNR electronic licenses Drivers License/Deputy Registrar Federal Payroll Tax P.E.R.A. Postage Drivers License/Deputy Registrar HRAF|ex plan Union Dues State Payroll Tax State Payroll Tax Drivers Limanae/DeputyReQimtror Drivers Lioenae/OeputyRegio\nar DCRP & Flex plan payments Amount 6,153.93 3,883.66 36,656.06 503.50 11.19521 92,889.07 81.17T]8 2,985.00 17,962.21 1,897.54 3,93 25 18,849.81 1,262.65 1�322.U5 11.519.00 2,654.01 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK EMPLOYEE NAME AMOUNT 09121/07 CAVE, REBECCA 397.80 09121/07 HJELLE, ERIK 397.80 09121107 JUENEMANN, KATHLEEN 397.80 09121107 ROSSBACH, WILLIAM 397.80 09/21107 COPELAND, EUGENE 3,090.00 09/21107 RYDEL, HARRIET 1,579.85 09/21/07 CHRISTENSON, SCOTT 1,690.15 09121/07 FARR, LARRY 2,282.48 09/21/07 RAMEAUX, THERESE 2,670.96 09/21/07 MITTET, ROBERT 3,366.86 09121107 ANDERSON, CAROLS 1,876.29 09121107 DEBILZAN, JUDY 1,137.49 09/21/07 JACKSON, MARY 2,308.04 09/21/07 KELSEY, CONNIE 2,115.44 09121107 FRY, PATRICIA 1,987.80 09/21107 GUILFOILE, KAREN 3,366.86 09/21/07 KROLL, LISA 1,874.84 09/21/07 MORSON, JOHN 552.00 09/21107 SCHMIDT, DEBORAH 2,047.64 09/21107 SPANGLER, EDNA 855.70 09/21107 CORTESI, LUANNE 839.42 09/21107 JAGOE, CAROL 1,870.21 09121/07 KELLY, LISA 1.304.60 09121/07 LARSON, MICHELLE 911.34 09/21/07 MECHELKE, SHERRIE 1,092.81 09/21/07 MOY, PAMELA 1,094.67 09121107 OSTER, ANDREA 1,790.92 09/21107 WEAVER, KRISTINE 1,893.36 09/21/07 CORCORAN, THERESA 1,726.15 09/21/07 POWELL, PHILIP 2,589.83 09121107 RICHIE, CAROLE 1,741.08 09121107 THOMALLA, DAVID 4,429.00 09/21/07 ABEL, CLINT 4,680.70 09/21/07 ALDRIDGE, MARK 4,586.45 09/21107 BAKKE, LONN 4,793.52 09/21107 BARTZ, PAUL 5,880.64 09/21/07 BELDE, STANLEY 4,613.00 09/21/07 BENJAMIN, MARKESE 1,827.62 09121/07 BIERDEMAN, BRIAN 5.302.23 09/21/07 BOHL, JOHN 5,577.81 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK EMPLOYEE NAME AMOUNT 09/21/07 BUSACK, DANIEL 4,421.75 09/21/07 COFFEY, KEVIN 4,193.69 09/21107 CROTTY, KERRY 2,830.77 09/21107 DOBLAR, RICHARD 4,005.75 09/21/07 FRITZE, DEREK 2,038.35 09/21/07 GABRIEL, ANTHONY 4,906.26 09,21/07 HAWKINSON JR, TIMOTHY 2,391.32 09,21/07 HEINZ, STEPHEN 5,164.46 09/21/07 HIEBERT, STEVEN 5,296.49 09/21/07 JOHNSON, KEVIN 4,419.45 09/21107 KALKA, THOMAS 739.88 09/21107 KARIS, FLINT 3,562.80 09/21107 KONG, TOMMY 4,378.20 09/21/07 KROLL, BRETT 4,634.53 09,21/07 KVAM, DAVID 3,523.42 09,21/07 LANGNER, TODD 4,143.07 09/21/07 LARSON, DANIEL 4,588.10 09/21/07 LINTNER, HOLLY 673.48 09/21107 LU, JOHNNIE 5,220.04 09/21107 MARINO, JASON 4,432.86 09/21/07 MARTIN, JERROLD 4,193.20 09/21/07 MCCARTY, GLEN 4,761.01 09,21/07 METRY, ALESIA 5,104.72 09,21/07 NYE, MICHAEL 3,787.20 09/21/07 OLSON, JULIE 4,060.62 09/21/07 PALMA, STEVEN 5,049.49 09/21107 RABBETT, KEVIN 3,587.70 09/21107 RHUDE, MATTHEW 3,779.59 09/21/07 STEFFEN, SCOTT 3,918.78 09/21/07 STEINER, JOSEPH 4,076.22 09,21/07 SYPNIEWSKI, WILLIAM 3,436.54 09,21/07 SZCZEPANSKI, THOMAS 4,841.18 09/21/07 TRAN, JOSEPH 4,142.97 09/21/07 WENZEL, JAY 4,394.01 09/21107 XIONG, KAO 4,226.21 09/21107 BERGERON, JOSEPH 4,105.97 09/21107 DUGAS, MICHAEL 5,627.26 09/21107 ERICKSON, VIRGINIA 5,218.24 09,21/07 FLOR, TIMOTHY 6,019.10 09,21/07 FRASER, JOHN 5,103.30 09/21/07 LANGNER, SCOTT 4,518.68 iC� CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK EMPLOYEE NAME AMOUNT 09/21/07 THEISEN, PAUL 4,272.32 09/21/07 THIENES, PAUL 5,636.71 09/21/07 BARTA, JEREMY 2,723.48 09/21/07 CRISTOFONO, BRIAN 2,292.61 09/21/07 DAWSON, RICHARD 2,748.62 09/21/07 DUELLMAN, KIRK 1,207.73 09/21/07 EVERSON. PAUL 3.309.35 09/21/07 HALWEG, JODI 2,726.75 09/21/07 JOHNSON, DOUGLAS 2,571.43 09/21/07 NOVAK, JEROME 2,943.23 09/21/07 OLSON, JAMES 2,213.39 09/21/07 PARSONS, KURT 2,765.68 09/21107 PETERSON, ROBERT 3,017.01 09/21/07 PRECHTEL, ROBERT 3,146.15 09/21/07 SVENDSEN, RONALD 2,869.59 09/21/07 GERVAISAR, CLARENCE 3,146.15 09/21/07 LUKIN, STEVEN 4,016.18 09/21/07 ZWIEG, SUSAN 1,866.15 09/21/07 DOLLERSCHELL, ROBERT 293.39 09/21/07 AHL, R. CHARLES 4,500.69 09/21/07 KNUTSON, LOIS 1,695.75 09/21/07 KONEWKO, DUWAYNE 3,059.51 09/21/07 NIVEN, AMY 1,294.62 09/21/07 PRIEFER, WILLIAM 3,032.10 09/21/07 BRINK, TROY 2,217.31 09/21/07 DEBILZAN, THOMAS 1,958.55 09/21/07 EDGE, DOUGLAS 1,984.55 09/21/07 FOERG, ELIZABETH 969.00 09/21/07 FREBERG, RONALD 886.31 09/21/07 HAMRE, MILES 976.00 09/21/07 JONES, DONALD 1,948.55 09/21/07 MEISSNER, BRENT 822.50 09/21/07 MEYER, GERALD 2,037.39 09/21/07 NAGEL, BRYAN 2,486.01 09/21/07 OSWALD, ERICK 2,153.57 09/21/07 RUNNING, ROBERT 2,006.75 09/21/07 TEVLIN, TODD 1,921.75 09/21/07 BURLINGAME, NATHAN 1,585.35 09/21/07 DUCHARME, JOHN 2,486.07 09/21/07 ENGSTROM, ANDREW 1,953.35 im CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK EMPLOYEE NAME AMOUNT 09/21/07 GAYNOR, VIRGINIA 2,121.35 09/21/07 JACOBSON, SCOTT 1,953.35 09/21/07 JAROSCH, JONATHAN 2,191.75 09/21/07 KREGER, JASON 2,041.97 09/21107 KUMMER, STEVEN 3,035.73 09/21/07 LABEREE, ERIN 2,882.35 09/21/07 LINDBLOM, RANDAL 2,486.07 09/21/07 O'CONNOR, DONOVAN 207.40 09/21/07 SCHREMPP, ANTHONY 168.74 09/21/07 THOMPSON, MICHAEL 2,718.18 09/21/07 WACHAL, KAREN 866.13 09/21/07 ZIEMAN, SCOTT 264.00 09/21/07 MARUSKA, MARK 2,912.84 09/21/07 NAUGHTON, JOHN 1,911.75 09/21/07 SCHINDELDECKER, JAMES 1,950.86 09/21/07 BIESANZ.OAKLEY 660.35 09/21/07 DEAVER, CHARLES 650.81 09/21/07 GERNES, CAROLE 543.75 09/21/07 HAYMAN, JANET 1,316.36 09/21/07 HUTCHINSON, ANN 2,400.31 09/21/07 EKSTRAND, THOMAS 3,495.41 09/21/07 LIVINGSTON, JOYCE 954.46 09/21/07 SINDT, ANDREA 1,830.95 09/21/07 THOMPSON, DEBRA 753.46 09/21/07 YOUNG, TAMELA 1,693.35 09/21/07 FINWALL, SHANN 2,600.07 09/21/07 ROBERTS, KENNETH 2,747.14 09/21/07 BRASH, JASON 1,589.35 09/21/07 CARVER, NICHOLAS 2,939.21 09/21/07 FISHER, DAVID 3,823.36 09/21/07 RICE, MICHAEL 2,278.98 09/21/07 SWAN, DAVID 2,346.15 09/21/07 WELLENS, MOLLY 1,535.15 09/21/07 SAMUELSON, MICHAEL 2,090.16 09/21/07 BERGER, STEPHANIE 354.38 09/21/07 OHLHAUSER, MEGHAN 469.00 09/21/07 ROBBINS, AUDRA 2,369.00 09/21/07 SHERRILL, CAITLIN 427.76 09/21/07 TAUBMAN, DOUGLAS 3,024.90 09/21/07 TAYLOR, JAMES 1,856.47 in CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK EMPLOYEE NAME AMOUNT 09/21/07 GERMAIN, DAVID 1,966.43 09/21/07 NORDQUIST, RICHARD 1,996.11 09/21107 SCHULTZ, SCOTT 2,266.13 09/21107 ANZALDI, MANDY 2,381.65 09/21107 BRENEMAN, NEIL 1,609.27 09/21/07 CAREY, HEIDI 2,287.75 09/21/07 CRAWFORD - JR, RAYMOND 354.00 09/21/07 EVANS, CHRISTINE 867.26 09/21/07 HER, CHONG 372.00 09/21/07 HOFMEISTER, MARY 847.45 09/21107 PELOQUIN, PENNYE 497.56 09/21107 STAPLES, PAULINE 3,028.20 09/21/07 TOLBERT, FRANCINE 90.00 09/21/07 VANG, TIM 478.50 09/21/07 ZIELINSKI, JUDY 130.90 09/21/07 BIGGS, ANNETTE 18.00 09/21/07 BRUSOE, AMY 104.00 09/21/07 BRUSOE, CRISTINA 163.16 09/21107 DEL ROSARIO, THERESA 58.50 09/21107 DUNN, RYAN 831.94 09/21/07 ERICKSON- CLARK, CAROL 47.50 09/21/07 EVANS, KRISTIN 43.90 09/21/07 FONTAINE, KIM 900.58 09/21/07 GIEL, NICOLE 42.00 09/21/07 GREDVIG, ANDERS 313.67 09/21/07 HASSENSTAB, DENISE 44.70 09/21107 HORWATH, RONALD 2,336.05 09/21107 JOHNSON, JAMES 110.73 09/21107 KOEHNEN, AMY 26.05 09/21107 KOEHNEN, MARY 1,554.61 09/21/07 KRONHOLM. KATHRYN 852.86 09/21/07 LAMEYER, ZACHARY 68.00 09/21/07 NELSON, MARCY 55.00 09/21/07 OVERBY, ANNA 20.00 09/21107 PROESCH, ANDY 599.73 09/21107 RYAN, ERICA 54.60 09/21/07 SCHAEFER, ANDREA 13.88 09/21/07 SCHREINER, MICHELLE 48.68 09/21/07 SMITH, ANN 177.30 09/21/07 TAYLOR, JASON 43.88 17 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK EMPLOYEE NAME AMOUNT im 09/21/07 TUPY, HEIDE 127.20 09/21/07 TUPY, MARCUS 209.48 09/21/07 WOLFGRAM, MARY 60.94 09/21/07 GROPPOLI, LINDA 430.50 09/21107 HER, SHILLAME 26.00 09/21/07 HOLMGREN, STEPHANIE 106.88 09/21/07 BEHAN, JAMES 2,349.85 09/21/07 PATTERSON, ALBERT 1,204.92 09/21/07 PRINS, KELLY 1,131.00 09/21/07 REILLY, MICHAEL 1,764.57 09/21/07 SCHOENECKER, LEIGH 292.00 09/21/07 VANG, HUE 119.20 09/21/07 AICHELE, CRAIG 2,014.63 09/21/07 PRIEM, STEVEN 2,191.75 09/21/07 WOEHRLE, MATTHEW 1,814.15 09/21/07 BERGO, CHAD 1,105.01 09/21/07 FOWLDS, MYCHAL 2,561.82 09/21/07 FRANZEN, NICHOLAS 1,94176 1003041 09/21/07 LONGRIE, DIANA 452.00 1003042 09/21/07 JAHN, DAVID 1,689.17 1003043 09/21/07 MORIN, TROY 131.75 1003044 09/21/07 AHRENS, FRANCES 153.00 1003045 09/21/07 ANDERSON, CYNTHIA 99.00 1003046 09/21/07 ANDERSON, ELSIE 222.00 1003047 09/21/07 ANDERSON, RONALD 90.00 1003048 09/21/07 ANDERSON, VIVIAN 18.00 1003049 09/21/07 ANSARI, AHSANUDDIN 153.00 1003050 09/21/07 BARRETT, MARLIS 153.00 1003051 09/21/07 BARTELT, JOAN 148.50 1003052 09/21/07 BEDOR, DAVID 148.50 1003053 09/21/07 BEHRENS, MARGARET 90.00 1003054 09/21/07 BELLAND, JAIME 153.00 1003055 09/21/07 BORTZ, JEANNE 194.25 1003056 09/21/07 BOYD, MARY 153.00 1003057 09/21/07 BREIDENSTEIN, ANNA 90.00 1003058 09/21/07 BUNDE, JENNETTE 148.50 1003059 09/21/07 CAHANES, LUCILLE 216.00 1003060 09/21/07 CARBONE, JOYCE 112.50 1003061 09/21/07 CARLE, JEANETTE 276.00 1003062 09/21/07 CARR, ROBERT 90.00 im CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK EMPLOYEE NAME AMOUNT 1003063 09/21/07 CLELAND, ANN 99.00 1003064 09/21/07 COHN- MADSON, DEBRA 18.00 1003065 09/21/07 CONNELLY, THOMAS 153.00 1003066 09/21/07 CONNOLLY, COLLEEN 126.00 1003067 09/21107 DEEG, EDWARD 178.50 1003068 09/21/07 DICKS, JUDY 148.50 1003069 09/21/07 DICKSON, HELEN 135.00 1003070 09/21/07 DROEGER, DIANE 216.00 1003071 09/21/07 DUCHARME, FRED 240.00 1003072 09/21/07 DUELLMAN, AUDREY 264.00 1003073 09/21/07 EICKHOFF, CAROLYN 173.25 1003074 09/21/07 ERICKSON, ELIZABETH 24.00 1003075 09/21/07 FISCHER, LORRAINE 228.00 1003076 09/21/07 FISCHER, MARY 199.50 1003077 09/21/07 FITZGERALD, DELORES 130.50 1003078 09/21/07 FOSBURGH, ANNE 240.00 1003079 09/21/07 FREER, MARY JO 99.00 1003080 09/21/07 GOLASKI, DIANE 243.00 1003081 09/21/07 GUDKNECHT, JAMIE 153.00 1003082 09/21/07 GUNN, JACLYNN 153.00 1003083 09/21/07 GUNTHER, ROY 72.00 1003084 09/21/07 GUTHRIE, ROSALIE 18.00 1003085 09/21/07 HAACK, DONITA 144.00 1003086 09/21/07 HEININGER, GORDON 162.00 1003087 09/21/07 HILLIARD, BARBARA 103.50 1003088 09/21/07 HINES, CONSTANCE 90.00 1003089 09/21/07 HOLZEMER, MARY 228.00 1003090 09/21/07 HORTON, SHIRLEE 148.50 1003091 09/21/07 HULET, JEANETTE 153.00 1003092 09/21/07 HUNT, MARIE 18.00 1003093 09/21/07 HUNTOON, LYNN 90.00 1003094 09/21/07 IVERSEN, MILDRED 90.00 1003095 09/21/07 JEFFERSON, GWENDOLYN 108.00 1003096 09/21/07 JENKINS, CHRISTOPHER 148.50 1003097 09/21/07 JOHANNESSEN, JUDITH 178.50 1003098 09/21/07 JOHNSON, BARBARA 153.00 1003099 09/21/07 JURMU, JOYCE 153.00 1003100 09/21/07 KIRCHOFF, HAROLD 103.50 1003101 09/21/07 KLIEVER, ROSEMARY 18.00 1003102 09/21/07 KOCH, ROSEMARY 153.00 ig CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK EMPLOYEE NAME AMOUNT 1003103 09/21/07 KOHUTH, JULIE 63.00 1003104 09/21/07 KOLASA, JOAN 153.00 1003105 09/21107 KRAMER, DENNIS 153.00 1003106 09/21107 KRAMER, PATRICIA 135.00 1003107 09/21107 KREKELBERG, MONA 210.00 1003108 09/21/07 LACKNER, MARVELLA 153.00 1003109 09/21/07 LALLY, RITA 153.00 1003110 09/21/07 LAMPE, CHARLOTTE 63.00 1003111 09/21/07 LARSON, ANITA 204.75 1003112 09/21/07 LAUREN, LORRAINE 54.00 1003113 09/21107 LAWRENCE, DONNA 148.50 1003114 09/21107 LEITER, BARBARA 153.00 1003115 09/21/07 LEO, ANN 148.50 1003116 09/21/07 LEO, PATRICIA 76.50 1003117 09/21/07 LEONARD, CLAUDETTE 148.50 1003118 09/21/07 LINCOWSKI, STEVEN 222.00 1003119 09/21/07 LINCOWSKI, VIOLA 58.50 1003120 09/21/07 LOCKWOOD, JACQUELINE 135.00 1003121 09/21107 LODGE, AUDREY 153.00 1003122 09/21107 LOFGREN, DELORES 94.50 1003123 09/21/07 LOFGREN, RICHARD 194.25 1003124 09/21/07 LOIPERSBECK, DARLENE 135.00 1003125 09/21/07 LOWE- ADAMS, SHARI 112.50 1003126 09/21/07 LUTTRELL, SHIRLEY 210.00 1003127 09/21/07 MAHOWALD, VALERIE 72.00 1003128 09/21/07 MAHRE, CAROL 234.00 1003129 09/21107 MAITRE, GERALDINE 234.00 1003130 09/21107 MANTHEY, JOHN 228.00 1003131 09/21107 MARSH, DELORES 162.00 1003132 09/21107 MASKREY, THOMAS 117.00 1003133 09/21/07 MECHELKE, MARYLOU 153.00 1003134 09/21/07 MEYER, JACQUELINE 153.00 1003135 09/21/07 MISGEN, JOAN 121.50 1003136 09/21/07 MURASKI, GERALDINE 94.50 1003137 09/21107 NIEMAN, JAMES 216.00 1003138 09/21107 NIETERS, LOUISE 231.00 1003139 09/21/07 NORBERG, ANN 67.50 1003140 09/21/07 OAKES, TODD 153.00 1003141 09/21/07 OLSON, LOIS 18.00 1003142 09/21/07 PADDOCK, KENNETH 85.50 NE CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK EMPLOYEE NAME AMOUNT 1003143 09/21/07 PEHL, DAVID 153.00 1003144 09/21/07 ROLLER, CAROLYN 153.00 1003145 09/21107 RUDEEN, ELAINE 148.50 1003146 09/21107 SATRIANO, PAULINE 153.00 1003147 09/21107 SAUER, ELMER 153.00 1003148 09/21/07 SCHNEIDER, MARY 153.00 1003149 09/21/07 SCHROEPFER, HARRIET 153.00 1003150 09/21/07 SCHULTZ, LOUISE 153.00 1003151 09/21/07 SPANGLER, ROBERT 153.00 1003152 09/21/07 SPIES, LOUIS 153.00 1003153 09/21107 STAFKI, TIM 210.00 1003154 09/21107 STEVENS, SANDRA 90.00 1003155 09/21/07 STORM, MARY 148.50 1003156 09/21/07 TAYLOR, LORRAINE 153.00 1003157 09/21/07 TAYLOR, RITA 148.50 1003158 09/21/07 TILLMAN, LEILA 148.50 1003159 09/21/07 TOLBERT, D- FRANKLIN 153.00 1003160 09/21/07 TRIPPLER, DALE 199.50 1003161 09/21107 TUCKER, CECILIA 81.00 1003162 09/21107 URBANSKI, HOLLY 240.00 1003163 09/21/07 URBANSKI, WILLIAM 90.00 1003164 09/21/07 VAN BLARICOM, BEULAH 204.75 1003165 09/21/07 VATNE, MARY 153.00 1003166 09/21/07 VOLKMAN, PHYLLIS 126.00 1003167 09/21/07 WASMUNDT, GARY 153.00 1003168 09/21/07 WASMUNDT, GAYLE 157.50 1003169 09/21107 WILLY, JOHN 210.00 1003170 09/21107 WITSCHEN, DELORES 153.00 1003171 09/21107 PALANK, MARY 1,728.46 1003172 09/21107 SVENDSEN, JOANNE 2,083.64 1003173 09/21/07 SHORTREED, MICHAEL 3,268.81 1003174 09/21/07 WELCHLIN, CABOT 4,860.21 1003175 09/21/07 REZNY, BRADLEY 192.00 1003176 09/21/07 BUCKLEY, BRENT 1,534.95 1003177 09/21107 EDSON, DAVID 1,989.36 1003178 09/21107 HELEY, ROLAND 1,990.59 1003179 09/21/07 HINNENKAMP, GARY 2,260.39 1003180 09/21/07 LINDORFF, DENNIS 1,953.17 1003181 09/21/07 NOVAK, MICHAEL 1,948.55 1003182 09/21/07 BERGREN, KIRSTEN 90.00 21 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK EMPLOYEE NAME AMOUNT 1003183 09/21/07 SOUTTER, CHRISTINE 1,260.00 1003184 09/21/07 GOODRICH, DANIELLE 136.13 1003185 09/21107 KOHLMAN, JENNIFER 137.81 1003186 09/21107 LINDA, KELLIE 148.75 1003187 09/21107 ROBBINS, EMERALD 201.25 1003188 09/21/07 SCHALLER, SCOTT 137.50 1003189 09/21/07 HAAG, MARK 1,948.56 1003190 09/21/07 NADEAU, EDWARD 3,061.98 1003191 09/21/07 GLASS, JEAN 1,924.86 1003192 09/21/07 HANSEN, LORI 2,302.26 1003193 09/21107 NAGEL, BROOKE 480.00 1003194 09/21107 BOTHWELL, KRISTIN 38.85 1003195 09/21/07 CHASTAN, ADAM 42.25 1003196 09/21/07 COSTA, JOSEPH 172.00 1003197 09/21/07 DEMPSEY, BETH 98.00 1003198 09/21/07 FENGER, JUSTIN 51.98 1003199 09/21/07 FLETCHER, LOGAN 55.25 1003200 09/21/07 GRUENHAGEN, LINDA 84336 1003201 09/21107 HAGSTROM, EMILY 14.63 1003202 09/21107 HERM, BREANNA 74.75 1003203 09/21/07 HOLMBERG, LADONNA 221.00 1003204 09/21/07 JOYER, JENNA 91.00 1003205 09/21/07 KURZHAL, ALISON 26.00 1003206 09/21/07 MCLAURIN, CHRISTOPHER 67.50 1003207 09/21/07 NWANOKWALE, MORDY 211.72 1003208 09/21/07 RICHTER, DANIEL 85.00 1003209 09/21107 RICHTER, NANCY 306.25 1003210 09/21107 ROSTRON, ROBERT 331.25 1003211 09/21107 SAUCERMAN, MICHAEL 270.12 1003212 09/21107 SCHAEFER, JAMES 94.25 1003213 09/21/07 SCHMIDT, JOHN 82.20 1003214 09/21/07 SCHUNEMAN, GREGORY 48.20 1003215 09/21/07 SMITLEY, SHARON 352.10 1003216 09/21/07 WARNER, CAROLYN 251.50 1003217 09/21107 WEDES, CARYL 24.50 1003218 09/21107 WHITE, NICOLE 19.10 1003219 09/21/07 WICKNER, KRISTY 71.50 1003220 09/21/07 WOLFGRAM, TERESA 18.56 1003221 09/21/07 WOODMAN, ALICE 69.00 1003222 09/21/07 ZALK, IDA 116.45 22 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK EMPLOYEE NAME AMOUNT 1003223 09/21/07 BOSLEY, CAROL 153.40 1003224 09/21/07 PATTERSON, FELORENZA 339.50 1003225 09/21107 SATTLER, CASSANDRA 16.25 1003226 09/21107 SATTLER, MELINDA 125.80 1003227 09/21107 STODGHILL, AMANDA 29.00 1003228 09/21/07 BIRKHOLZ, TYLER 261.00 1003229 09/21/07 DOUGLASS, TOM 1,480.11 1003230 09/21/07 HER. CHEF 156.38 1003231 09/21/07 HER, PETER 236.35 1003232 09/21/07 SCHULZE, KEVIN 145.00 1003233 09/21107 YANG, KAY 231.25 1003234 09/21107 VUE, LOR PAO 530.95 541,858.83 23 Agenda Item 12 MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit Review PROJECT: Mounds Park Academy LOCATION: 2051 Larpenteur Avenue East DATE: September 27, 2007 INTRODUCTION The conditional use permit (CUP) for Mounds Park Academy at 2051 Larpenteur Avenue is due for review. The CUP is for a school in an R -1 (single- family residential) zoning district. (See the maps on pages three through five and the city council minutes starting on page six.) BACKGROUND On May 24, 2004, the city council made several approvals for Mounds Park Academy including: 1. A land use plan change for two adjacent residential properties on Larpenteur Avenue. This change was from R -1 (single dwellings) to S (school). The revision was for the site expansion, the revised parking lot and driveway plans and for the proposed building additions. (See the maps on pages three through five.) 2. A conditional use permit (CUP) revision. The Maplewood City Code requires a CUP for schools in any location. 3. The design plans for the project, including the site, building and landscaping plans. On March 28, 2005, the city council approved a request for up to $14 million in tax - exempt financing for Mounds Park Academy. On September 11, 2006, the city council reviewed the CUP for Mounds Park Academy and agreed to review it again in one year. DISCUSSION In 2006, the school finished their field house and classroom addition on the west and north sides of their building. Over the summer of 2006, city staff received complaints from one of the neighbors on Ruth Street about several matters at Mounds Park Academy. The complaints included issues with the pond near Larpenteur Avenue, glare from the lights in the parking lot and with the garbage hauler that serves the school. After city staff notified the school about the concerns of the neighbors, the school made changes to the pond and to the lights. In addition, they worked with their garbage hauler to lessen their impacts on the neighbors. Since the school made the changes city staff has not received any more complaints from the neighbors. Staff recommends that the city review the CUP for Mounds Park Academy again in one year to ensure compliance with the conditions of approval. RECOMMENDATION Review the conditional use permit for Mounds Park Academy at 2051 Larpenteur Avenue again in one year or sooner if the school proposes a major change to their site. p /Sec 14 /mpa CUP Review - 2007 Attachments: 1. Location Map 2. Property Line Map 3. Approved Site Plan 4. May 24, 2004 City Council Minutes 2 Attachment Attachment 1 Lajas A VE. COPE AVE. Fr t LARK i AVr- je t LAURIE RD. LAU RME Z RD t; -j 0' 1700' 3400' AVE Z w a CO. RD. e Q BLi0 Avg a..r tg 2 r: �.. aim , Cw M SCALE HARRIS AVE. t ROSEWOOD AVE. N. D AY, AVE S. RAMSEYGRQi1F�� AVE unRPCH HOLLOWAY ZI SU 00 AVE. � ARENA r RPLEY AVE daedi�lt oe m KINGSTON 1 � W W PfaCE AVE. LLJ SAINT PAUL LOCATION MAP 3 N NORTH SAINT PAUL AVE �► A.t ' `2 3 KNOL 4. � AY �� KPIGS70N AVE � tARpo�EUR :3 gO1iTAtIA AVE. M N �+� it CG AV jai 1 Gift i'rr. U I -- i TKSEN VI. CT. M _ MR I � E LMRYLMID 4 S AVE. LOCATION MAP 3 N 2 RIP LEY AVE c s � x PROPERTY LINE MAP 4 Attachment 3 J ^ ' SAINT PAUL MINUTES Attachment 4 MAPLEWOOD CITY COUNCIL 7:06 P.M. Monday, May 24, 2004 Council Chambers, Municipal Building Meeting No. 04 -11 A. A H. CALL TO ORDER A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:06 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE A moment of silence was held in memory of Barbara Cross, the mother of Maplewood City Clerk Karen Guilfoile. ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan - Junek, Councilmember Present Will Rossbach, Councilmember Present PUBLIC HEARINGS 2. 8:15 p.m. Mounds Park Academy Expansion (2051 Larpenteur Avenue) Land Use Plan Change (R -1 to S (school) (4 votes) Conditional Use Permit Revision Design Approval a. City Manager Fursman presented the report. b. Associate Planner Roberts presented specifics from the report. b. Community Design Review Board member Longrie -Kline presented the Design Review Board Report C. Commissioner Bartol presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Dave Aune, Business Manager for Mounds Park Academy, Maplewood Ron Cockriel, 943 Century Avenue, Maplewood, Maplewood g. Mayor Cardinal closed the public hearing. 6 City Council Meeting 45 -24 -04 Councilmember Monahan -Junek moved to adopt the following resolution changing the land use plan designation from R -I (single Dwellings) to S (school) for the properties at 2025 and 2027 Larpenteur Avenue: LAND USE PLAN CHANGE RESOLUTION 04 -05 -095 WHEREAS, David Anne, representing Mounds Park Academy, proposed a change to the city's land use plan from R -I (single dwellings) to S (school). WHEREAS, this change applies to the properties at 2025 and 2027 Larpenteur Avenue (in Section 14, Township 29, Range 22, Ramsey County, Minnesota). WHEREAS, the history of this change is as follows: On May 3, 2004, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the plan amendment. 2. On May 24, 2004, the city council discussed the proposed land use plan change. 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 change for the following reasons: 1. It would be consistent with the goals and objectives of the comprehensive plan including: a. Provide for orderly development. b. Minimize conflicts between land uses. c. Whenever possible, changes in types of land use should occur so that similar uses front on the same street or at borders of areas separated by major man -made or natural barriers. d. Transitions between distinctly differing types of land uses should not create a negative economic, social or physical impact on adjoining developments. e. The city coordinates land use changes with the character of each neighborhood. £ Protect neighborhoods from encroachment or intrusion of incompatible land uses by adequate buffering and separation. 2. This area would eliminate the planned residential area that was on a minor arterial street and was between a residential area and the existing school. 3.This site is proper for and consistent with the city's policies for a school. This includes: 7 City Council Meeting 45 -24 -04 a. It is on a minor arterial street and is near a collector street. b. Minimizing any adverse effects on surrounding properties because there would be no traffic from this development on existing residential streets. 4. It would be consistent with the proposed land use. Seconded by Councilmember Koppen Ayes -All Councilmember Monahan -Junk moved to adopt the following resolution approving a revision for the conditional use permit for Mounds Park Academy at 2051 Larpenteur Avenue: CONDITIONAL USE PERMIT REVISION RESOLUTION 04 -05 -096 WHEREAS, Mr. David Anne, representing Mounds Park Academy, has requested a revision to the conditional use permit for their school. WHEREAS, this permit applies to the existing school property at 2051 Larpenteur Avenue and the properties at 2025 and 2027 Larpenteur Avenue. The legal descriptions are: Tracts A, D, E, F, G, and H of Registered Land Survey No. 396, Ramsey County, Minnesota. Subject to County Road A ( Larpenteur Avenue), the west 132 feet of the South 330 feet of the SE rl4 of Section 14, Township 29, Range 22 (PIN 14- 29 -22 -43 -0009) Subject to County Road A ( Larpenteur Avenue), the east 132 feet of the West 264 feet of the South 330 feet of the SE'l4 of Section 14, Township 29, Range 22 (PIN 14- 29 -22 -43 -0008) WHEREAS, the history of this conditional use permit revision is as follows: The planning commission discussed the conditional use permit revision on May 3, 2004. They recommended that the city council approve the revision. 2. The city council held a public hearing on May 24, 2004. 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 and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit revision for the following reasons: 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. City Council Meeting 45 -24 -04 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. 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. 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: All construction must comply with the site plan, date - stamped April 8, 2004 NO i The city council may approve major changes. The director of community development may approve minor changes. Such changes shall include: a. Revising the grading and site glans to show the contractor minimizing the loss or removal of natural vegetation and to meet all the conditions of the city engineer. The school may implement the changes and additions shown on the plans in phases. 2. The city council shall review this permit revision one year from the date of approval, based on the procedure in the city code. 3. The school shall turn the tennis court lights off by 9:00 p.m. Only the school shall use the tennis court lights. 4. The school shall only use the area between the tennis courts and pond and the west lot line as a track or route for running during fall and spring cross- country meets. 5. The school shall not allow garbage or trash pick -up between the hours of 11:00 p.m and 5.30 a in 9 City Council Meeting 05 -24 -04 d. The city council requires that the school remove the westerly access at Price Avenue e. The wooden screening fence shall be kept in good repair. f The school, the fire marshal and the city building official shall agree on a plan for the school to make the required life safety and building improvements to the existing building. This plan shall include the installation of: a. The required fire protection (sprinkler) systems. b. An early warning fire protection system (smoke detection and monitoring). c. Additional emergency lights and exit signs (if necessary). d. The necessary changes to meet the handicapped accessibility code requirements. e. A proper address on the building. £ Any other changes the fire marshal or the building official deem necessary g. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. It. Have the ci engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes that the engineers noted in the memo dated April 26, 2004, including the installation of the sidewalk along Larpenteur Avenue. i. The school shall be responsible for the maintenance and clean up of the ponding areas on their property. j. The school shall post the driveways and drive aisles as no parking zones. k. The city council shall review this permit revision in one year. Seconded by Councilmember Koppen Ayes -All Councilmember Monahan -Junek moved to approve the plans date - stamped April 8, 2004 (site plan, landscape plan, grading and drainage plans and building elevations) for Mounds Park Academy. This approval is subject to the applicant or contractor doing the following: L.Repeat this review in two years if the city has not issued a grading permit or a building permit for this project. 2. Complete the following before the city issues a grading or building permit: 10 City Council Meeting 45 -24 -04 a. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, retaining wall, tree, sidewalk, driveway and parking lot plans. The plans shall meet the following conditions: (1) The erosion control plan shall be consistent with city code. (2) The grading plan shall: (a) Include building, floor elevation, water elevation and contour information. These shall include the normal water elevation and 100 -year high water elevation for the ponds. (b) Include contour information for all the land that the construction will disturb. (c) Show sedimentation basins or ponds as may be required by the watershed board or by the city engineer. The ponds or basins shall meet the city's design standards and shall include best management practices and rainwater gardens wherever practical. (d) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. This shall include covering these slopes with wood -fiber blankets and seeding them with a "no mow" native vegetation rather than using sod or grass. (e) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city. (f) Show as little disturbance as possible on the west and east sides of the site to minimize the loss or removal of the trees. This is to keep and protect as many of the trees along the west and east property lines as possible. (g) Show the required sidewalk along Larpenteur Avenue. (3) The tree plan shall: (a) Be approved by the city engineer before site grading or tree removal. (b) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (c) Show the size, species and location of the replacement trees. The deciduous trees shall be at least two and one half (2 112) inches in diameter and shall be a mix of coniferous trees and red and white oaks and sugar maples. (d) Show no tree removal beyond the approved grading and tree limits. 11 City Council Meeting 45 -24 -04 (4) All the parking areas and driveways shall have continuous concrete curb and gutter except where the city engineer decides that it is not needed. (5) The project engineer shall submit to the city a storm water management plan, including drainage and ponding calculations, for the proposal. (6) Make all the changes and meet all the conditions as required by the city engineer and as noted by Chuck Vermeresch in the memo dated April 26, 2004. b. Submit a certificate of survey for all new construction. c. Submit a revised landscape plan to staff for approval that incorporates the following details: (1) Preserving as much of the existing vegetation (including large trees) along the western and eastern property lines as possible. (2) The manicured or mowed areas from the natural areas. The native grasses and flowering plants shall be those needing little or no maintenance. Specifically, the developer or contractor shall have the natural areas seeded with an upland mixture and lowland mixtures as appropriate. (3) That shows the location of all large trees on the site. (4) All trees would be consistent with city standards for size, location and species. (5) Planting (instead of sodding) the disturbed areas around the ponding areas 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 people mowing into the pond. (6) The maple trees must be at least 2 112 inches in caliper, balled and burlapped. (7) The plantings proposed around the building shown on the landscape plan date - stamped April 8, 2004 shall remain on the plan. (8) In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged plantings or tree beds). (9) No landscaping shall take place in the Larpenteur Avenue boulevard. The contractor shall restore the boulevard with sod. 12 City Council Meeting 45 -24 -04 (10) Adding more evergreen trees (Black Hills spruce or Austrian pines) along the west property line of the site. These trees are to be at least six feet tall and the contractor shall plant these trees in staggered rows. The contractor shall place the trees to reduce the effects of motor vehicle headlight glare to adjacent residential properties. d. Submit material samples and color schemes for each building addition to staff for approval. The building materials and windows (including the frames and glass) shall be compatible with the existing building. e. Get a demolition permit from the city to remove the existing houses and garages from the properties at 2025 Larpenteur Avenue and 2027 Larpenteur Avenue. f. Get the necessary approvals and permits from the watershed district. g. Get the necessary approvals and permits from Ramsey County. It. Provide design details (height, depth and materials) about the proposed retaining walls. i. After demolition, the school shall combine the properties at 2025 and 2027 Larpenteur Avenue with the school property for tax and identification purposes. Submit plans for staff approval for the removal and replacement of the six - foot -high screening fence along the west property line. This fence shall extend from the Larpenteur Avenue right -of -way to the existing pond. k. Submit a letter of credit or cash escrow for all required exterior improvements. The amount of the escrow shall be 150 percent of the cost of the work. 3. Complete the following before using the new parking lots or before occupying the building additions: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. Sod all landscaped areas, except for the ponding areas, which may be seeded. c. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls. d. Install a handicap- parking sign for each handicap - parking space and an address on the building. In addition, the applicant shall install "no parking" signs along all the driveways and drive aisles within the site and elsewhere, as may be required by staff. e. Paint any roof -top mechanical equipment to match the uppermost part of the building. {code requirement) 13 City Council Meeting 45 -24 -04 f. Install on -site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. All light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right -of -ways and from adjacent properties. g. Remove and replace the privacy fence along the western property line from the right -of- way of Larpenteur Avenue to the existing pond. It. The developer or contractor shall: (1) Complete all grading for the site drainage and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. (4) Install the curb and gutter, parking lots, sidewalk and retaining walls as shown on the approved project plans. (5) Install the required landscaping with each phase of the project. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above - required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 if the contractor finishes the new parking lot in the fall or winter or if the building additions are occupied in the fall or winter, or within six weeks of occupancy if the building additions are occupied in the spring or summer. The city receives an agreement that will allow the city to complete any unfinished work. All work shall follow the approved plans. The director of community development may approve minor changes. 6. This approval does not include signage. All proposed signs must comply with the city's sign ordinance and the applicant must obtain all required sign permits before the installation or relocation of signs. Seconded by Councilmember Juenemann Ayes -All 14 City Council Meeting 45 -24 -04 Agenda Item 13 MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit Review PROJECT: Commercial Equipment Parking and Storage LOCATION: 65 Larpenteur Avenue East DATE: October 1, 2007 INTRODUCTION The conditional use permit (CUP) for the property at 65 Larpenteur Avenue East is due for review. The CUP as approved by the city council allows the property owner to park and store three commercial vehicles (two dump trucks and a bobcat loader) on this property. (See the maps on pages two — four). The city code requires city council approval of a conditional use permit to keep a heavy commercial vehicle on a residential property. BACKGROUND On August 9, 2004, the city council approved a CUP for Mr. David Conover for the property at 65 Larpenteur Avenue East. This CUP allows the property owner to park and store three commercial vehicles (two dump trucks and a bobcat loader) on this property. This approval was subject to seven conditions of approval. (See the council minutes starting on page five.) On August 22, 2005, the city council reviewed this permit and agreed to review it again in one year. On October 22, 2006, the city council reviewed this permit and agreed to review it again in one year. DISCUSSION The owner installed the parking pad for the trucks and is meeting the conditions of approval for this CUP. I have not received any complaints about this permit and staff is not aware of any problems at this site. RECOMMENDATION Review the conditional use permit for the parking and storage of commercial vehicles for the property at 65 Larpenteur Avenue again in one year. P:sec 18\65 Larpenteur Ave cup review - 2007 Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Applicant's Site Plan 4. August 9, 2004, City Council Minutes N Attachment 1 Location Map 65 Larpenteur Avenue 2 N 1765 Attachment 2 787 1.. 1 771 7 6 5 I 1 7 F 5 a Q w m t� x sr 1 Kn.nn.Fr v.F CITY HEIGHTS DR z 17 ' z z O m Y Q LARPENTEUR AVE Zoning Map 65 Larpenteur Avenue 3 Attachment w Attachment 4 H. PUBLIC F[FARINGS 1. 7:35 p,m. Conditional Use Pernut — Commercial Vehicles (65 Larpenteur Avenue) a. City Manager Furs man presented the report. b Associate Planner Roberts presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard; David Conover, the applicant Marion Peiffer, 1704 Gurney Street, Maplewood Don Smeja, 1706 Abel, Maplewood Grant Lindblom, 1715 Abel, Maplewood d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution a rovin a a conditional use 2L[MjL for David LConover to st two trucks and loader) on the oroncrty at 65 LarDenteur Avenue East- EQUIPMENT STORAGE AND PARKING 04-08-145 I WBEREAS, Mr, David Conover is requesting that Maplewood approve a conditional use permit to store and park three heavy commercud vehicles (two trucks and a loader) on the property he owns at 65 Larpenteur Avenue East, WHEREAS, this pern applies to the property at 65 Larpenteur Avenue East. The legal description is: 2. On August 9, 2004, the city council held a public hearing, The city staff published a notice in 0 the paper and sent notices to the property surrounding owners. The council gave everyone at C� I the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning co fission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit based on the building and site plans. The city approves this 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. I 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 aerierate only minimal vehicular traffic on local streets and would not r.) I create traffic comgestion or unsafe access on existing or proposed streets. 6t The use would be served by adequate public facilities and services, including streets, W C police and fire protection, drainage structures, water and sewer systems, schools and parks, T The use would not create excessive additional costs for public facilities or serw.ces, 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 miru'rnal adverse environmental effects. a. Residing on the property. M 2. The owner or operator shall not let the truck's engine idle for m min ore than thirty (30) utes in 0 any one (1) hour period. In no circumstances may the owner or operator idle tile engine for more than two periods, lasting thirty (30) mmutes each, in one twenty-four (24) hour period. There shall not he any engine idling that disturbs the neighbors between 9 p.m. and 7 a.m, I C� C� 3, There shall be no dumping or storage of construction or building materials or supplies on the property. 4. The owners or operator shall not do any maintenance or repair of the trucks or commercial equipment on the property. 5. The owners or operators shall not load or unload the truck's on the property or on adjacent properties. 6. The city council shall review this pertrut in one year. This permit shall end in five years (August 2009). At that time, the owner or operator shall remove from the property the heavy commercial vehicles, trucks and equipment and shall no longer store or p k such commercial equipment on the property Seconded by Councilinember Rossbach Ayes-All 7 7 Item I4 MEMORANDUM TO: Greg Copeland, City Manager FROM: Karen Guilfoile, City Clerk DATE: October 2, 2007 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 2007 Municipal General Election, to be held on Tuesday, November 6, 2007. Aherns, Fran Dempsey, Loree Guthrie, Rosie Anderson, Cynthia Desai, Bhupat Haack, Donita Anderson, Elsie Deshler, Maria Hasledalen, Lisa Anderson, Ronald DeVeau, Priscilla Hatlestad, Kathryn Anderson, Vivian Dicks, Judy Hecht, Lloyd Ansari, Ahsan Dickson, Helen Jean Heininger, Gordon Barrett, Marlis Dittel, Kathleen Hilliard, Barb Bartelt, Joan Droeger, Diane Hines, Constance Bedor, David DuCharme, Fred Hinnenkamp, Gary Behrens, Margaret Duellman, Audrey Hogan, Anna Belland, Jaime Dvorak, Margaret Holzemer, Mary Berry, Robert Eddy, Betty Horton, Shirlee Bloecher, Crystal Eickhoff, Carolyn Hulet, Jeanette Bortz, Jeanne Eineke, John Hunt, Marie Boyd, Mary Erickson, Elizabeth Huntoon, Lynn Breidenstein, Ann Marie Erickson, Phyllis Iversen, Mildred Brown, Amy Fastner, Deloris Janacek, Jeffrey Brown, Joanne Fischer, Lorraine Jefferson, Gwendolyn Bunde, Jeanette Fischer, Mary Jenkins, Chris Button, Joan Fitzgerald, Delores Johannessen, Judith Byers, James Flister, Stephen Johnson, Barbara Cahanes, Lucille Fosburgh, Anne Johnson, Carmen Carborne, Joyce Franzen, James Jones, Victoria Carle, Jeanette Franzen, Nick Jurmu, Joyce Carr, Robert Frederickson, Rita Kidman, Marilyn Cleland, Ann Freer, Mary Jo Kirchoff, Harold Cohn Madson, Debra Fry, Patricia Kleiter, Kalie Connelly, Thomas Gaines, Mark Kliever, Rosemary Connolly, Colleen Gelao, Beverly Knauss, Carol Cooper, Jason Golaski, Diane Koch, Rosemary Cottrell, Joan Grant, Guy Kohuth, Julie Davidson, Mae Gudknecht, Jamie Kolasa, Joan Davidson, Marianne Gunn, Jac lynn Koval, Harry Deeg, Edward Gunther, Roy Kramer, Dennis PAELECTIONS\200TCertification of Election Judges.doc Kramer, Patricia Krekelberg, Mona Lou Kroll, Lisa Krominga, Josephine Lackner, Marvella Lally, Rita Lampe, Charlotte Larson, Anita Lauren, Lorraine Lawrence, Donna Leiter, Barbara Leiter, Jacqueline Leo, Ann Leo, Pati Leonard, Claudette Lincowski, Steve Lincowski, Vi Lockwood, Jackie Lodge, Audrey Lofgren, Delores Lofgren, Richard Lowe - Adams, Shari Lund, Rebecca Lundgren, Robert Lundgren, Robert Luttrell, Shirley Madson, Colin Maeyaert, Paul Mahowald, Valerie Mahre, Carol Mahre, Jeri Manthey, John Marsh, Delores Maskrey, Thomas McGinnis, Sharon Mechelke, Geraldine Mechelke, Marylou Meyer, Jackie Meyerding- Dedrick, Polly Misgen, Joan Mossong, Betty Muraski, Gerry Myster, Thomas Neis, Clara Nguyen, Tina Nieman, James Meters, Louise Nissen, Helen Norberg, Ann Oakes, Todd O'Brien, D. William (Bill) Olson, Lois Olson, Mary Olson, Norman Olson, Rachel Paddock, Ken Pehl, David Petrie, James Popham, Mike Prettner, Ruth Priefer, William Prokosch, Dan Prokosch, Pam Roller, Carol Rome, Holly Rossow, Kenneth Rowe, Charles Rudeen, Elaine Satriano, Pauline Sauer, Elmer Sauer, Kathleen Schmidt, Deborah Schneider, MaryAnn Schroepfer, Harriet Schultz, Louise Schulze, William Shankar, Ananth Skinner, Jeanne Snidarich, Lisa Spangler, Bob Spies, Louis Stafki, Tim Stark, David Stephanie, Pam Stevens, Sandra Storm, Mary Swanson, Ingrid Tauer, Lori Taylor, Lorraine Taylor, Rita Theissen, Jean Tillman, Leila Tolbert, Franklin Tucker, Cecilia Unger, Connie Urbanski, Holly Urbanski, William VanBlaricom, Beulah VanderPoll, Kathy Vanek, Mary Vargas - Mulcahy, Jeremy Vatne, Mary Volkman, Phyllis Wandersee, Gene Wasmundt, Gary Wasmundt, Gayle Willy, John Willy, Nancy Wistl, Zachary Witschen, Delores Zacho, Karen Zager, Scott Zuercher, Courtney Zuercher, Maggie PAELECTIONS\200TCertification of Election Judges.doc Agenda Item 15 TO: Greg Copeland, City Manager FROM: Karen Guilfbile, Citizen Services Manager DATE: October 2, 2007 RE: Donation Acceptance On September 27, 2007 the Community Center received a donated 1904 Davenport and Treacy piano. The piano was donated by Stephen and Sheila Gutman of White Bear Lake who requested that the piano be used by Ashland Theatre Productions. The Gutman's son Paul is an Ashland Theatre Youth moren - 127-mm Consideration Accept, with gratitude, the piano donation from the Gutman's. Item 16 MEMORANDUM TO: Greg Copeland, City Manager FROM: Karen Guilfoile, Citizen Services Manager DATE: October 4, 2007 RE: Authorization to Enter Into Lease Agreement for Strength and Cardio Equipment Introduction Since the inception of the Community Center in 1994, there has not been a Strength and Cardio Equipment Replacement Program put into place. A couple of our pieces need constant repair to the point that we will soon need to discontinue there use so that they will not become a liability. As we are all aware, the fitness industry is a very competitive business in Maplewood, with new and more efficient equipment being offered by numerous health clubs and workout facilities. Staff has been researching equipment and evaluating our Cardio and Strength Equipment needs. It is important to note that not only are we in need of replacing some equipment but we are also in dire need to add to our current stock to meet the needs of our growing membership numbers. So far in 2007 we have 576 new memberships which translates to 1,527 new members! And, our new 3 Month Program which started on April 1, 2007 has earned us $31,540 as of this date! With our growth we have encountered one problem — we need more equipment. And, that is a great problem to have! Recommendation We are requesting council support and authorization to negotiate and enter into a three to five year lease program for Strength and Cardio Equipment not to exceed $2,000 per month. Agenda Item J1 TO: Greg Copeland, City Manager FROM: Larry Farr, Chief Building Engineer SUBJECT: MCC Exterior Door Replacement Award of Bid DATE: October 8, 2007 City Council Meeting INTRODUCTION The exterior doors at the Maplewood Community Center (MCC) are failing and repairs are becoming more frequent. The poor condition of the doors also creates a security issue when they fail to lock or when a person can pull them open from the locked position. As such, the Building Operation's has received two bids to replace the lower east entry and upper south entry doors of the MCC. BACKGROUND On December 11, 2006, the City Council approved the 2007 budget including the replacement of the exterior doors at the MCC. On May 14, 2007, the city council approved this expenditure. Due to the increase in materials, labor and design specifications since the original proposal on April 7, 2007, the cost for this project has increased from $29,200.00 dollars to $31,000.00 dollars. DISCUSSION The exterior and interior vestibule doors at the MCC were installed in 1993 when the facility was constructed. These doors were designed with the hardware for the doors on the interior of the door frames. This is a poor design. When the doors are hit or an attempt is made to open them when locked, the mechanisms and support pieces become bent requiring frame repair and hardware replacement. There also has been damage to the hinges, door frames, and door sill plates over the years. The frames are starting to fail and need reinforcement to operate correctly. Parts for these doors are being discontinued and will not be available in the near future. To correct this situation, city staff solicited and received bids from Harmon Glass (original proposal) and Brin Northwestern Glass Company (added as second bidder). These bids are attached to this memo. Staff wants council approval now for this project to be completed this fall. It will take the contractor 6 weeks to order and install the replacement doors after council approval. RECOMMENDATIONS A. Award bid to Brin Northwestern Glass Company for the replacement of the exterior doors, vestibule doors, frames, glass, and hardware at the lower east entry and upper south entry doors at the MCC for $31,000. B. Approve an additional budget transfer of $1,800 from the Contingency Funds to 602 -614- 4410. This is in addition to the original request approved on May 14, 2007, to transfer $29,200 from the General Fund Contingency Funds to 602 -614 -4410. My documents /community center/ mcc exterior door replacement A Attachments: 1. Brin Northwestern Glass Company Proposal 2. Harmon Glass Company Proposal 10/01/2007 MON 17:25 FAX 6125299394 BRIM NORTHIVESTERN CLASS Attachment 1 Bn1 ORTHWESTERNGLASS COMPANY 2300 NORTH SECOND STREETMINNCAPOLIS, MN 5;5411. PHONE (612) 529-9671, FAX (612) 529-9670 Proposal Numbar. 00351b Job; Maplewood Community Center October 1st, 2007 Customer: City of Maplewood Total Price: $31,000.00 Estimator; Ray Kelly Phone - .661-249-2342 Fax;651.249-2319 DEMOINCLUDED CQRtact'Larry Farr Job/Item Qty. W in H in Description 00351b M 1 1161/4 1103/4 south elevation - main ent exterior Color Clear: 3 - 3-0 X 7-0 Medium stile doors wl mid rail, 1" insulated Mass, panic hardware, continuos hinges, LCN heavy closers, 1 LCN 4820 pnumatic auto opener, sweeps N 1 116 ill south elevation main ent vestibule Color Clear: 3 - 3.0 X 7-0 Medium stile doors w/ mid rail, 114 clear Mass, standard push - pull, continuos hinges, LGN a I heavy closers, 1 LCN 4820 priumatic auto opener 0 1 116 ill east elevation lower east vestibule Color Clear. P 1 116 111314 east elevation lower east entrance Color Clear. EXCLUSIONS- NO CLEANINo OF GLASS OR ALUMINUM NO REPLACEMENT OF GLASS SROKEN BY OTHERS ACC FO T CONT9ACTOR, OWNIRK, TENANT Oft AGENT DATE ACCEPTED FOR CONTRACT ALVP4 ORIN NORTHWESTERN GLASS CO 13RIN NOR ESTE CLASS CO. FOR PROPOSAL PROPOSAL SUBJECT TO CHANGE WITHOUT NOTICE UNTIL SIGNED FOR CONTRACT AY BOTH PARTIES Page: I Harmon Harmon Inc. 63215 Sandburg Road suits 100 Golden Valley MN 55427 Phone: 763-525,2300 Fax: 763-544-2275 Mr, Larry Farr Chief Building Engineer Maplewood Community Center 1830 Co Rd B East Maplewood, MN 55109 651 249 -2342 651- 249 -23111 Contract PTOPOsal # BS07- M 00mmunity CenteAttachment 2 r 19 April 2007 Project Name: Location: Arch/Engr. Number of Sheets: Plans/Specs Dated: WO propose to furnish and install with sales tax: - Aluminum St -Glass & Glazing CLARIFICATIONS: Maplewood Community Cent 183 Co Rd 13 East Maplewood, MN 55 109 n/a n/a n/a OPTION # I Exterior -Remove existing doors & frame at exterior -Install new doors and frame at exterior -Clear anodized aluminum finish -4112" header tube -1" OA Clear tempered insulated glass -Medium style doors, midrail, oominous hinge, closers, thresholds and sw -Von Duprin 9947 US28 -Reuse existing push I pulls -Reuse existinti Atim ilncar $1013ftoo OPTION # 2 Interior -Same as Option # I with the following changes -114" clear tempered glass -No locks $5,625,00 X � � I ) c l - 7 0 , " _" OPTION # 3 Interior Hall Frame -Install now pair of double acting aluminum doors with two sidelaes -Clear anodized finish -1/4" Clear tempered glass -Medlurn style door, midrail, cQntinous hinge, overhood closers, V round push/pull -No look and no threshold $5,383.00 -1 3/4" x 41/2" header OPTION # 4 -Remove existing pair of doors and frame -install now pair with transom -Clear anodized aluminum finish -1" OA Gray tempered insulated glass -Medium style doors, midrail, continous hinge, Closets, threshold and sweeps -Von Duprin 9947 U828 $7,380,00 EXCLUSIONS: - Permits -Brick repair if needed -Final cleaning -Wiring I 'd RLS 'IN AJS[:� L001 '6 [ ',dV For the gum of SUBJECT T4 THESE CONDITIONS This prDRdBe! supera2dey a INCL PTHYU (E I and Nt3 HOTC'GM site8ts and drawings are binding upon th s ffrm. Work w! #I rs des air ed ea prtrmR1 #y a3 i vs n an vRtrn �tG dl h fhry those included in this or amEathed ourtontral pikes, acts of God etc, An xtta charg wtfl tsa made for a!I ovarttrtte work. We dv not replete hraaKSge or damage unless directly caused by o: em s 4 ie ras sea Uta right to c rrGtt any clpr #cat arraYS Rdvr to accaptares if this bld is not accapt60 within thirty (30) dayg, We reserve the tight to Imthrlraw, Should You ateaptth s estimate yet use your own contract farm, it is understood thatwe wig (noorpel - ate anti make a part !hereof a true copy Of this prepvsal. Untess otherwise ctstiffed by attachment to this proposal, tha wenanty period is one your from data of substantial completion. AAY disputes yr differences sho #I ba kubjet:t to arblk'Stinn, p desired, by either party to contract. IN #RLLECa ALES be PAW up on t e m pta t ion t ion of f o ur o ur torttract, performed during 6a the month is to be paid us on or before the tenth of the following month. Balance to patd op MATERIAL ONLY SALES: Upon rece of irwarce. ACCePte€t for Contract .Atrcepted for Contract C�l ritract+:tr,t3wner,Tenarn or Agent Gate date PROPOSAL l IBJECT TO CHANGE WITHOUT NOTICE UNTIL SIGNED FOR CONTRACT BY BOTH PARTIES, �r Iii u � i f' U MCI $gb Sc hultz Fie PFiUFUSAL. d BBL °N NdSl :� L006 'Gl ')dV Agenda Q e o o 10 41= W10-4- To: City Council From: Greg Copeland, City Manager Date: October 4, 2007 Re: Proposed Award of 2008 Charitable Gambling Tax Funds The City Council at its October 1, 2007 Budget Workshop heard from applicants for Charitable Gambling Tax Funds which were present at the meeting. The Council members then proceeded to individually allocate the estimated $35,000 in Charitable Gambling Tax Funds which should be available for distribution in accordance with the City of Maplewood's Award Policy of July 9, 2007 which is attached to this memorandum. The applications that were attached to the September 27, 2007 memorandum were the only applications considered. The results of the City Council members individual allocation of funds are included in this report and the award of $34,060.00 in Charitable Gambling Tax Funds is recommended based upon the City Council's distribution among the nine applicants. RECOMMENDATION: Adopt the proposed Charitable Gambling Tax Fund 2008 Awards schedule awarding $34,060.00 based upon estimated availability of $35,000 in Charitable Gambling Tax Funds for 2008. Any reduction in available funds will result in a proportional reduction of the award amount. s s • s • • s s • 0 0 -m9CD rn a co�?wmco(DLo EH O E9 4 m U) G�� m Q 3 GO. O <L n O O O 0 N 0 0 (D O O O 0GG� 0 0 Ut) O O LO EH ffl O (D C'') t— O O 00 O Of Ld C7 -' C'7 d' d' u Ul, Os U�, U3� ce) Os E X O O O O O O O O O O O O p) O�� O O O O O CD U3 0 Q O C 0 C C 0 C O - - U ° C.7 � 0 0 00000000000 �,; a) �Ge oot�oo�0 Ge 0 O O_ O 0 0 0 .., M S W It fl- u) 00 P Ut) G P GFk U) 6q CY) O (n U E 0 � � O Rf O O CD O O O O O 0 0 O �C P 'S N 0 0 0 0 0 0 0 0 0 0 0 CO N I O d CO O O P O O O M Y ER tr�or>(ausce U�lE) fflco O'er (D O >+ C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (D 0U) 0 p U @ 2 O- a OOOUt)OO f- 000 O E 0 0 U) P CO C9 U) UC) CO It P Ut) O CD r) 603 0 ^' a) O W N O = O O O d 0 0 0 0 0 0' N Q O O O O fl- 0 0 0 Utz 0Ge P Q V N O T3 C v T O C . Ut) O O 00 O C (9 P V V CS) U) 06 V P Y EF} Ge � N U) ce ua ulz V} (0 M 4 O C E O O } :3 + U N Q Co N M E i 1� O = O O C) (n Z3 v i Lt) - 0 -� O N Cn � �i tY) O O N N 7 u- � " CU O m CD Q o o to m y a) • O W U) N c N U O Q E O s- U U W o 0 � cU E z>U( S vc O O U) ta o E o �, _ SE W =( D LL> a� ao0� O �- to ro -t: -0 -a o -o v cz v E °o F 0 ° U o o �, o v CD 4- Cv a a E E v E m sz o a E m <L z LL <( 2i S c G c c w �G U- O W ry MEMORANDUM TO: Mayor and City Council FROM: Greg Copeland, City Manager DATE: September 27, 2007 SUBJECT: Charitable Gambling Fund Requests - 2008 INTRODUCTION Each year the Maplewood City Council solicits requests for charitable gambling funds. Every year the requests for funds have exceeded the available funds. That is the case this year. The city received 9 applications with $64,014.00 in requests. The amount of funds available is estimated at $35,000. i • i The City Council developed a policy on the award criteria. In addition, a policy was established that allows the city an opportunity to review requests on an annual basis to determine their merit and overall community benefit while still allowing time to include requests in the upcoming budget process. A copy of the policy is attached. Attached to this memo is a listing of the organizations and groups who have submitted donation requests. Staff has also attached a copy of the complete applications so that you will have a better understanding of the individual requests. RECOMMENDATION The City Council should review and approve Charitable Gambling Fund requests up to $35,000. AUG ' 3 " 2007 Updated 06.25.07 City of Maplewood Application for Charitable Gambling Tax Funds Information:P d Name of Organization requesting funds: ! � a )P1 � c. i Y' Phone Number of Contact Person:. Address: ZL6'_ "� 'CC 1 G1 E -mail Address: Check Type of Organization Making Request: ❑ City ❑ ounty 0 # �a'r ❑ Non - profit A t°C 'P45- - (Proof of IRS 5 0 c3 status is required) o Other (specify) Lawful Purpose Request - The above named organization requests Lawful Amount Requested $ -� Charitable Gambling Tax Funds for the following purpose: Explain expenditure — attach additional sheets if necessary. -� A 9 P O ku Justification — Outline how the proposed project or use of the.Citable Gambling Tax Fund meets guid established by City Council. C7 C'r CL By completing and signing this form, the organization confirms that the requested Charitable Gambling Tax Funds will be spent for a lawful purpose. This request is a one time request for funds to be awarded in the next fiscal year and the applicant understands requests for future fundw' will require a new separate application. r 0 INTEIMAL REVENUE S'MUCE Di strict Director Y 1100 St. TX 75242 Date- r 18, 1997 Empl%rer Tdm7tificati an NUmber r 41- - 0743696 Dear Sir or Madam: Our records show that the Ramey County Agricultural. Society is exempt from Federal TyxMme Tax under section 501(c) (3) of the lntsrnal Re� Ood+e. This exemption was granted July 1979 and remains in full forme and effect. Contribatic s to your organization am deductible in the manner and to the extent pro%rlded, by scion 179 of the Cam. We have Classified ymw o nation as that` is riot a private fOLMUtion within time reaning of � nine 5p9 (a) of the Intx. Revenue Code because you are an organization described in motion 509(:a)`(2).; �[hts i etter rpay be used to verify tax- Vitus. if we may be of further assistance, please contact the parson name and telephone number are shaver► above. sirr,e a y, Edward J. 1311axier Chief, ETloyee Plans � and Mceapt Organizations Customer er Service section 10 40 2001 9 - 90 City of Maplewood C33A130DH Application for Charitable Gambling Tax Funds Updated 06.25.07 Information: - _ Name of Organization requesting funds: (� j' P LE W r>an l` I 1 i � lC N T ER - ` _ , C7Li1'Q r 1 L Phone Number of Contact Person: G I -- `1 'l `1 -- 9 �, . _ L& N Address: )?::) =-, 7 T2, 1 C= E- 0 V E E-mail Address: Check Type of Organization Making Request: X City o County ❑ School District # • Non - profit (Proof of IRS 5010 status is required) • Other (specify) Lawful Purpose Request The above named organization requests Lawful Amount Requested $ Je6,0, 0 V Charitable Gambling Tax Funds for the following purpose: Explain expenditure — attach additional sheets if necessary. e e /; ;7'4e a ,,C ", ZE e- Q Justification — Outline how the proposed project or use of the Charitable Gambling Tax Fund meets guidelines established by City Council. Se, e, 1 ffa e - e k By completing and signing this form, the organization confirms that the requested Charitable Gambling Tax Funds will be spent for a lawful purpose. This request is a one time request for funds to be awarded in the next fiscal year and the applicant understands requests for future funding will require a new separate application. Signature Title Date Print Name: '�Z I � i� a d 2 5 'Q "'J Lawful Purpose Request: The Maplewood Firefighters Flower Fund is requesting monies from Charitable Gambling Tax Funds in order to continue to support our efforts in giving a gift to our members and their families in a time of need. Gifts are donated to members and their families in the events of death, sickness, surgeries, and births. The following guidelines are used by the Maplewood Firefighters Flower Fund in determining which recipients should receive a gift. 1. In the event of a death, flowers, a plant or a memorial will be sent in the amount of $35.00 for the following: a. Current firefighter b. Retired and honorary firefighter c. Spouse of the above (a or b) d. Children of the above (a or b) {not their spouses, if married} e. Parents of firefighters (not in -laws) f. Employees of the fire department g. Firefighters of departments in bordering cities h. Retired chiefs of departments in bordering cities 2. In the event of sickness and/or surgery, flowers or a plant in the amount of $25.00 will be sent to the following: a. Current firefighter b. Spouse of the above (a) 3. In the event of a birth, a $25.00 gift certificate from Target will be given to the baby of the following: a. Current firefighter Justification This request of monies from the Charitable Gambling Fund will be used to benefit the firefighters and their families in their time of need. The fund is used to show a small token of our appreciation for the many hours that firefighters contribute to the city to help protect and serve the citizens of Maplewood. It is an opportunity to offer gratitude for the work that they do. In the event that no monies are received, a collection will be taken from the firefighters to fund the account for future recipients. Firefighters will essentially be funding their own gifts should they ever be a recipient. The fund is managed by a retired member who is responsible for all ordering, purchasing, and tracking of gifts and monies within the fund. AUG 1 2007 City of Maplewood Application for Charitable Gambling Tax Funds Information: Name of Organization requesting funds: Maplewood Police Reserves Updated 06.25.07 Phone Number of Contact Person: ( 651) 249 -2605 (Lt. Mike Shortreed)_ _ Address: 1830 County Road B East, Maplewood, MN 55109 E -mail Address: Michael .S hortreed @ci.maplewood.mn.us Check Type of Organization Making Request: 00 City ❑ County ❑ School District # • Non - profit (Proof of IRS 5016 status is required) • Other (specify) Lawful Purpose Request The above named organization requests Lawful Amount Requested $ 5, 000.00 Charitable Gambling Tax Funds for the following purpose: Explain expenditure — attach additional sheets if necessary. See attachment Justification — Outline how the proposed project or use of the Charitable Gambling Tax Fund meets guidelines established by City Council. See attachment By completing and signing this form, the organization confirms that the requested Charitable Gambling Tax Funds will be spent for a lawful purpose. This request is a one time request for funds to be awarded in the next fiscal year and the applicant understands requests for future require a new separate application. Chief of Police 8 -10 -07 Sig�,a e Title Date Print Name: D avid J. Thomal 1 a Request to Spend Charitable Gambling Funds Maplewood Police Reserves Lawful Purpose Request Funds received will be used to purchase new Reserve uniform items and equipment. There is always a need for uniforms and equipment for the Police Reserves. New Reserves usually receive previously used uniforms and equipment. There is also a need for more cold - weather clothing (jackets, hats, gloves) for the Reserves to wear while on patrol, directing traffic and standing by at accident/crime scenes during the winter months. This year we would also like to purchase additional Bike Patrol uniforms and bike helmets so that more Reserves can assist the Police Department by patrolling the City's bike /walking trails, parks and shopping center parking lots during the spring, summer and fall months. Some small donations to purchase these items are received throughout the year, but it's not enough to fund the needs of these volunteers. Civic groups in the City who previously donated to the program discontinued their donations with the implementation of charitable gambling. Because the Reserves have a great deal of public contact, we would like to provide them with the necessary uniforms and equipment so that they present a neat, professional appearance while conducting duties on behalf of the City of Maplewood. Justification The Maplewood Police Reserves are adults who volunteer their time and talent to the Maplewood Police Department. In 2006, the group worked 6,529 hours assisting with activities that would otherwise need to be performed by sworn police personnel. In addition to regular patrol shifts, the Reserves also assist with the following: - Transporting persons to the jail, hospital, detox, etc. - Unlocking vehicles. - Securing crime scenes. Answering animal complaints outside of the hours patrolled by Animal Control. - Waiting for tow trucks at accident/crime scenes. - Traffic and crowd control at large events held in the City (such as graduations at Aldrich Arena, parades, Ramsey County Fair, July 4th celebration, MS Bike Ride, Lightning Run motorcycle event). - Assisting with community events (such as National Night Out, D.A.R.E. graduations, Landfall Splash and Spring Fling). Conducting Safe & Sober seatbelt surveys. - Distributing fliers to residents and businesses regarding various information (parking restrictions, thefts /burglaries in the area, community meetings, hazardous situations, etc.). Bike Patrol. It must be stressed that many of the activities performed by the Reserves free up sworn officers so that they may remain on patrol in the City performing their regular duties. City of Maplewood AUG 10 2007 Request to Spend Charitable Gambling Funds Information: Maplewood Police Explorers Name of Organization requesting funds: Phone Number: ( 651) 249 --2600 Address: Maplewood Police Department, 1830 Co. Rd. B E., Maplewood, MN, 55109 Check Type of Organization Making Request: If City ❑ County ❑ School District # • Non - profit (please attach proof of 501 c3 status) • Other (specify) Lawful Purpose Request The above named organization requests lawful Amount Requested $ 8, 000 gambling profits for the following purpose: Explain expenditure -- attach additional sheets if necessary. The funds will be used to subsidize dollars budgeted to send the Maplewood Police Explorers to the annual state conference, a competition in Duluth and the national conference in Colorado. They will also be used to help purchase needed uniforms and equipment. As part of their activities at the conferences, the Explorers participate in competitions with other Police Explorer groups sponsored by other law enforcement agencies. The funds would be used to help send the Explorers to these competitions. These competitions also offer the Police Explorers an oppor- tunity to obtain scholarships for college. Justification -- Outline how project meets guidelines established by City Council on Awards from. Fund. The Maplewood Police Explorers are a group of high - school -aged students who belong to the Explorer Post sponsored by the Maplewood Police Department. In belonging to this Post, the Explorers actively participate and learn about law enforcement as a career. Their Advisors are Maplewood police officers who have taken an interest in teaching these students about'law enforcement. Additionally, these Police Explorers volunteer their time and assist in several City- sponsored events throughout the year such as National Night Out, the Kamsey County air and July 4th activities). By completing and signing this form, the organization confirms that the requested funds will be spent for a lawful purpose. This request expires one year from the date below. Chief of Police 6 -22 -07 Title Date Print Name: David J. T homalla Updated 01.25.07 City of Maplewood AUG 10 2007 Request to Spend Charitable Gambling Funds Information.: Name of Organization requesting funds: Maplewood Area Historical Society Phone Number: Address: 2170 East County Road D, Maplewood, MN 55109 Check Type of Organization Making Request: ❑ City ❑ County ❑ School District # $Non -profit . Historical Society (Please attach proof of 501c3 status) ❑ Other (specify) Lawful Purpose Request The above named organization requests lawful Amount Requested $ 24,174,00 gambling profits for the following purpose: Explain expenditure - attach additional sheets if necessary. The Society used some of its own funds along with previous Charitable Gambling funds to construct the Welcome Center buildinq with restrooms for visitors to the Farm. The Society needs to install kitchen e ui ment in a portion of the building to meet sanitation needs when greparing and serving food for outdoor events and fund raisers. Some work remains in the general spaces of the Center and some repair work is needed for the barn. Many events and meetings are held in the house and the living room and dining room floor covering must be replaced. Acid free storage supplies are also needed to protect the many artifacts and historical documents. A sprinkling system is needed to keep the large lawn and historical_ garden areas healthy and presentable and a better, more solid path is needed from the parking lot to the house. The estimated costs are as follows: Outdoor Work „. . ,,$ , 7,,902 „00__ House /Office 3,568.00 Welcome Center 12 397.00 T Barn 307.00 Total 124,174.00 Detailed list attached Justification - Outline how project meets guidelines established by City Council on Awards from Fund. 1.. While the farm site is public property open to anyone, it primarily serves residents of the City of Maplewood 2. This funding request is for materials supplies and labor. Labor costs for licensed contractors is unavoidable because of Ci1y or State code requirements. 3.The Maplewood Area Historical Socie has a 99- ear lease with the Cfty of Maplewood too perate the - 2 attached, - _ ge ruentrup . Heritage on City -owned oven space. Justification continues on Pa,,,,__,._,___ By completing and signing this forth, the organization confirms that the requested funds will be spent for a lawful purpose. This request expires one year from the date below. Print Name: Updated 01.25.07 Request to Spend Charitable Gambling Funds (Continued) The Heritage Farm serves several purposes: • home and meeting place for the Maplewood Area Historical Society; • research center for Maplewood historical records; • a facility for educational and historical interpretive programs for the public that explain the history of Maplewood and the history of living on a dairy farm. The schedule of current annual and one -time activities includes: • monthly Society meetings; • on the 3 Saturday of each month (April thru November) from 1:00 to 3:00, tours of the house and, weather permitting, the grounds are conducted for the public; • Farm Teas in January and May; • Ice Cream Social in June; • Johnny Appleseed Day (August 18, 11:00 - 3 :00 this year); • tours of the Farm by people attending the 2007 National Preservation Conference In October • two open houses at Christmas time, when the farmhouse is decorated for the season. When work is completed, some of the groups we will invite to the Heritage Farm include: • children from area schools on class trips; • small groups who come for tours; • organizations that give a donation to use the farmhouse for meetings; • individuals who give a donation to use the house and/or farm for celebrations; • researchers who want to access historical records of Maplewood. -2- ESTIMATES OF COSTS TO FINISH WORK AND ACCOMPLISH IMPROVEMENTS OUTDOOR: Sprinkle' System for Lawn and Gardens $4,200.00 (Green Street Irrigation & Landscaping) Plumbing for Sprinkler System $1,402.00 (Pearson Mechanical) Class 5 Rock for Parking Lot - House Path $2,300.00 (Troy Schifsky) OUTDOOR TOTAL $ 7,902.00 HOUSEIOFFICE: Area Rugs for Dining Room and Living Room: 10' x 13' far Dining Room $1,699.00 9'x 12' for Living Room $1,349.00 Acid Free Archival Storage Supplies 520.00 (Boxes, Photo Storage, Manuscript Folders, Etc.) HOUSEIOFFICE TOTAL $ 3,568.00 WELCOME CENTER: 3- Compartment Stainless Steel Sink $2,400.00 Stainless Steel Hand Sink $ 265.00 Stainless Steel Counter Top 56" x 24" $1,100.00 Stainless Steel Cabinet Below $1,100.00 Stainless Steel Serving Window Counter $1,350.00 Storage Cabinet with Door - 30" wide x 15" deep $3,200.00 (Kitchen total: $ 9,415.00) GENERAL SPACES: John Manship, Plumber, Labor & Supplies $ 885.00 Drinking Fountain $ 350.00 Urinal $ 120.00 Ceramic Tile $ 551.00 Insulation $ 684.00 Sheet Rock, Taping & Other Supplies $ 348.00 Screws & Vent Chutes $ 33.00 Hardware $ 7.00 Keys 4.00 (General Spaces Total: $ 2,982.00) WELCOME CENTER TOTAL $12,397.00 BARN: Hardware $ 50.00 Lumber $ 202.00 Bit for Battens 55.00 BARN TOTAL $ 307.00 TOTAL REQUEST $24,174.00 -3- AUG 13 2007 IN'T'ERNAL REVENUE SERVICE P. 0. BOX 2506 CINCINNATI, OH 45201 DEPARTMENT OF THE TREASURY Bate : IYII i 0 9 L_OQ2 MAPLEWOOD AREA HISTORICAL SOCIETY 2170 E COUNTY RD D MAPLEWOOD, MN 55109 -1003 Dear Applicant: Employer Identification Number- 41-1893822 DLN : 17053062773002 Contact Person: LARRY W BOTHE ID# 314:52 Contact Telephone Number: (877) 829 -5500 Our Letter Dated: February 1999 Addendum Applies: no This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c) (3) is still, in effect_ Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a)(1) and 170(b) (1)(A)(vi). Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509 (a) (1) organization, You are required to make your annual information return, Form 990 or Form 990 -EZ, available for public inspection for three years after the later of the due date of the return or the date the return is filed. You are also required to make available for public inspection your exemption application, any supporting documents, and yPlfr exsrqpt�q l etter. Copies of these documen�4 3Te ajso 'required to be provided to any individual upon written or in person request without charge other than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Internet. Penalties may be imposed for failure to comply with these requirements. Additional information is available in Publication 557, Tax - Exempt Status for Your Organization, or you may call our toll free number shown above. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Letter 1050 (DO /CG) -2- MAPLEWOOD AREA HISTORICAL SOCIETY Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent retards. If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, 4 77A- Steven T. Miller Director, Exempt Organizations Letter 1050 (DO /CG) MINNESOTA Department of Revenue Certificate of Exempt Status Exempt organizations Maplewood Area Historical Society, Inc. 1100 E. County Rd. C Maplewood MN 55109 -1051 Certificate number ES 37745 Date Issued 03/26/99 Sales and Use Ta ST- l The organization above is exempt from sales and use tax under Minnesota law on purchases, rentals, and leases of merchandise and services to be used in the performance of its charitable, religious or educational functions. For senior citizen groups, the merchandise must be used for pleasure, recreation, or other nonprofit functions of the group. This exemption does not apply to purchases of meals, lodging, waste collection and disposal services, or to purchases or leases of motor vehicles. (M.S. 297A.25, subd.16) Commissioner of Revenue by , P. R. Blaisdell, Supervisor Sales and Use Tax Di - irsion Questions? Call the MN Department of Revenue at (651) 296 -6181 or toll -tree 1 -800 -657 -3777. TDD users, call the Minnesota Relay Service at (651) 297 -5353 or 1 -800- 627 -3529. Ask far (651) 296 -6181. Updated 06 .25.07 AUG 10 2001 City of Maplewood Application for Charitable Gambling Tax Funds Information- ) Name of Organization requesting funds: Phone Number of Contact Person: 7� " 3 3 Address: J' E -mail Address: , Check Type of Organization Making Request: /oo'� r City ❑ County n School District # A Non-profit (Proof of IRS 5016 status is required) o Other (specify) Lawful Purpose Request The above named organization requests Lawful Amount Requested $ !25 Charitable Gambling Tax Funds for the following purpose. Explain expend' attach additional sheets if necessary: or Justin cation — Outline how the proposed prof ct or use of the Charitable Gambling T . x Fund R meets guidelines established by City Council. a B completing and si Viin this form the organization confirms that the requested Charitable Y p g g g g q Gambling Tax Funds will be spent for a lawful purpose. This request is a one time request fox. funds to be awarded in the next fiscal year and the applicant understands requests for future fund' g will r q` ire a w separate application. C Signature Titl YL _1 iX_ Date Print Name: , Updated 06.25.07 City of Maplewood Application for Charitable Gambling Tax Funds Information: Name of Organization requesting Phone Number of Contact Person: 1 3 Address: E -mail Address: Check Type of Organization Making Request: ❑ City ❑ County ❑ School Dist ict # ;K Non-profit E� 6 N1 �N _1 ❑ Other (specify) AUG ^ 7 2007 of IRS 501 c3 status is required) Lawful Purpose Request The above named organization requests Lawful Charitable Gambling Tax Funds for the following purpose: Amount Requested $ Justification — Outline how the proposed project or use of the Charitable ( Gambling Tax Fund meets guidelines established O Council. hedby City Cil. kt0h;rr By completing and signing this form, the organization confirms that the requested Charitable Gambling Tax Funds will be spent for a lawful purpose. This request is a one time request for funds to be awarded in the next fiscal year and the applicant understands requests for future funding will require a ew separate a plication. Title Date tp �v7 Print Name: M, h ikO L (-i The Friends of Maplewood Nature would like to purchase a stationery energy bike that generates electricity. It would be used as a teaching tool in explaining to families and individuals the need to protect our natural environment through conserving our resources. Currently the Maplewood Nature Center has a bicycle that can provide electricity for a small black and white television. It has been very popular and almost every visitor sits on the bicycle and tries to generate enough energy to turn on the television. This equipment was self -made many years ago and keeps breaking down. There are no education explanations to accompany this bicycle. The Friends of Maplewood Nature would like to purchase a replacement bicycle with an educational board that includes an incandescent and fluorescent light bulbs, a radio, tv, fan and hair dryer. The energy bicycle would demonstrate that it takes different amounts of energy or pedaling to turn on these electrical items. We would like to purchase a professionally developed teaching curriculum unit that would include teacher notes, student worksheets, manipulatives for further hands on learning and A.V. teaching tools like transparencies and Power Point. A colorful take -home piece of educational literature for visitors would also contribute to the learning process. What is an Energy Bike? (source: http:// www .ohioenergy.org /energy_bike.htm ) • One of the most powerful and successful teaching tools available • A stationery bicycle equipped with a zero air pollution (ZAP) generator and attached to an electrical board • Check out the picture of an energy bike at: http:// www .ohioenergy.org /energy_bike.htm How does it work? • Pedal power generates electricity to power incandescent and fluorescent light bulbs, a radio, tv, fan and hair dryer • Allows the bike rider to sense their energy being transformed and to trace the energy flow back to the sun. • Teaches the bike rider learner that it takes more energy to run certain appliances and to light an incandescent bulb versus a fluorescent light bulb- * This is the basis for a discussion of how to help conserve the environment by using more efficient appliances or bulbs that use less electricity. • Captures the attention of students of all learning styles: • Visual learners see how energy changes forms • Kinesthetic learners feel the energy • Auditory learners hear the explanations of energy transformation • Verbal learners observe and tell others • Logical - mathematical learners understand the measurements of energy use, using the equation Volts x Amps = Watts. * All programs and materials would be correlated to National Science Standards. Friends of Maplewood Nature page 1 What are the advantages of having this teaching material? The energy bike and the accompanying teaching materials will aid the staff of the Maplewood Nature Center in educating school groups, scout groups, youth groups, families and adults. It is easier for children and adults to learn if they have a visual interactive learning tool like the energy bike. The nature center staff have observed that the energy bike is also a great motivator. Most children and adults get on it and start to pedal to see how much electricity they can generate. Often there is a bit of a competitive spirit. How can the Maplewood Nature Center get an Energy Bike? The Complete Energy Bike Package (bike, electrical board, roller case, appliances, and training materials) costs approximately $5,000 Support Materials needed: Educational literature printing: 2000 double sided color costs approximately $600 4 Children's reference books on energy conservation: age appropriate for preschool, early elementary, late elementary and junior high $100 3 or 4 Adult reference books on energy conservation: $300 Professionally developed teaching curriculum units $400 (see attached price lists of sample curriculum guides) Total: $6,400 There are many excellent professionally developed teaching curriculum units and the Maplewood Nature Center Naturalist would need time to select the one that best matches her teaching style. The 2007 National Energy Education Development Project provides a sample of pricing for a curriculum at the Energy Works Price List: www.need.org Two examples of included. Friends of Maplewood Mature page 2 pAj ex.?A� le Energ Price List EnergyWorks Kit (with Teacher Guide & Class Set of Student Guides) 400.00 Teacher & Student Guides 6.00 Class Set of Student Guides 60.00 • Three Week Rental of Kit 150.00 • Solar Panel Kit 20,00 • Balloon 0,25 • Radiometer 15.00 • Pull -Back Vehicle 3.00 • Ball and Ring 15.00 • Concave & Convex Lenses 15.00 • Digital Thermometer 30.00 • Thermometers (set of ten) 25.00 • Protractors (set of ten) 20.00 • Measuring Tapes (set of four) 10,00 • Rulers (set of ten) 20,00 • Friction Block 20.00 • Spring Scale 15.00 • Stop Watch 20.00 • Wooden Balls (set of ten) 5.00 • Marbles (set of 24) 5,00 • Drilled Balls (metal and wooden) 10.00 • Slinky Spring 10.00 • Flexible Tubing (25 feet) 20.00 • Tuning Forks (set of two with mallet) 25.00 • Magnifier 10.00 • Color Filters 10.00 • Spectroscope 10.00 • Pitchers (set of four) 25.00 • Wallpaper Pan 5.00 • Cups and Lids 5.00 • Container of Sand 100 • Metal Can 3.00 fiW exm y te, Primary science of Energy Price List Primary Kit (with Teacher Guide & Class Set of Student Guides) 300.00 Teacher & Student Guides 5.00 Class Set of Student Guides 50.00 • Balance with Weights 50.00 • Balls (set of nine) 35.00 • Tape Measures (set of five) 10.00 • Rulers (set of five) 10.00 • Plastic Containers (set of two) 5.00 • Pitchers (set of two) 10.00 • Beakers (set of eight) 20.00 • Thermometers (set of five) 10.00 • Flip Top Bottle 5.00 • Radiometer 15.00 • Flashlight 5.00 • Slinky Spring 5.00 • Mirror with Stand 5.00 • Spectroscope 10.00 • Wooden Spool 3.00 • Tuning Forks (set of two with mallet) 25.00 • Magnifier 10.00 • Metal Cans (set of two) 6.00 • Packet of Clay 5.00 .e of i n nee Sty o� ;14 11 _I- 1 -. q�ji I .............. i i A CERTIFICATE OF INCORPORATION I, Mary Kiffineyer, Secretary of State of Minnesota, do certify that: Articles of Incorporation, duly signed and acknowledged under oath, have been filed on this date in the Office of the Secretary of State, for the incorporation of the following corporation, under and in accordance with the provisions of the chapter of Minnesota Statutes listed below. This corporation is now legally organized under the laws of Minnesota, Corporate Name: Friends of Maplewood Nature Center Preserves Corporate Charter Number: 1881565 -2 Chapter Formed Under: 317A This certificate has been issued on 06/08/2006. * 0, irk �rL ecreta of State, 1 � • 5�f1� FRIENDS OF MAPLEWOOD NATURE CENTER & PRESERVES Resolved that the Articles of Incorporation of Friends of Maplewood Nature Center and Preserves are stated to read as follows: ARTICLE 1. The name of this corporation shall be: Friends of Maplewood Nature Center & Preserves ARTICLE II. This corporation is incorporated for any lawful purpose that supports or improves the quality of our natural environment in Maplewood, Minnesota, and beyond, including, but not limited to, promoting, supporting and enhancing the growth and improvement of the Maplewood Nature Center and Preserves. The corporation is organized- for, and shall be operated for charitable purposes. ARTICLE HI. This corporation shall not afford pecuniary gain, to its members, officers, directors or other private persons, except as permitted pursuant to Minnesota Statute §317A. ARTICLE W. The name and address of the .incorporator is: Charles E. Bethel 11, 336 North Robert Street, Suite 1600, Saint Paul, Minnesota 55101 ARTICLE V. This corporation is being organized under Minnesota Statute §317A. ARTICLE Vl. The .location of the registered office of this corporation is: 2659 East 7"` Street, Maplewood, MN 55119 ARTICLE VII. The affairs of the corporation shall be governed by a Board of Directors. The Board of Directors shall be composed of not less than three (3) Directors. The initial Board of Directors shall consist o£ Judith Horsnell, President 930 Monet Ct. Mendota Heights, Minnesota 55120 Barbara Kroll, Secretary 1444129 Street New Richmond, Wisconsin 5.4017 Janice Soeffner, Treasurer 379 Pond Ct. Maplewood, Minnesota 55119 Additional Directors shall be elected. The teens of office of the Board of Directors shall be for a period of two (2) years and shall expire at the annual meeting, or not until his/her successor has been elected and qualified. In this first term, the President and the Treasurer will serve one (1) year teams. ARTICLE VIII, The extent of personal liability of members, officers and directors for corporate obligations and the methods of enforcement are none, and no part of the property of any member, officer, or director of this corporation shall he subject to the payment of the obligations of this corporation to any extent whatsoever. ARTICLE IX. The corporation shall have members whose qualifications shall be a strong interest in supporting and ianproving the quality of our natural environment. ARTICLE X. 1, the undersigned incorporator certify that I am authorized to sign these articles and that the information in these articles is true and correct. I also understand that if any of this information is intentionally or knowingly ;misstated that criminal penalties will apply as if I had signed these articles under oath. pA t NT OF s AB FILED 1/ JUN 2006 ; Secs ®tary of State O O O O Z O O O r- n n d cIG n n �s ° b Q0 n p. w tj v , O O RD w O 0 O O O ¢ n o CIq CL '' + b n r r n b '� CD CD CD co w + * co CD �+ p cc r� ct+ n n ( C° o, O o o n o C w CD ljq- CD ►b -t cA o c CD Ln Ln to .�. ro o o co p p (D C CD CD �7 ❑ ❑ ❑ ❑ ❑ t� rQ rD F--t M 0 C C� p n A O O' e5' ° w O (51 O U' I p� o 0 LTI , �• a n o x r■r R r rd ,� � O cd � CZ o � � � � O Ln CN O Ln o cd � ai 0 cv F4 L° • N c UO u � 7 • O � I� cn cn U O U .O CA s sU, 3 U 8 o •� -� O U 5 U O u0 p-, °�� I +b U O O F4 L° • N F4 L° N c UO u � 7 • O � F4 AUG 10 20o7 American Red Cross Twin Cities Area Chapter redcrosstc.org West Metro 1201 West River Parkway Minneapolis, MN 55454 Tel: 612 - 871 -7676 Fax: 612 -872 -3200 East Metro 176 South Robert Street Saint Paul, MN 55107 Tel: 612- 871 -7676 Fax: 612 - 872 -3200 August 10, 2007 Christopher W. Neher American Red Cross- Twin Cities Area Chapter 1201 West River Parkway Minneapolis, MN 55454 Greg Copeland, City Manager Maplewood City Hall 1830 East County Road B Maplewood, MN 55109 Dear Mr. Copeland, Please find enclosed an application for funding of our Transportation Services Program from the 2008 Charitable Gambling Tax Funds Program. If you would like more information, or have any questions, please do not hesitate to contact me at 651- 305 -2437. I thank you for considering the American Red Cross as a potential source of donation. Regards, Christopher W. Neher Corporate Giving Associate American Red Cross- Twin Cities Area Chapter Uet w Ready! East Metro 176 South Robert Street Saint Paul, MN 55107 Tel: 612 -871 -7676 Fax: 612 - 872 -3200 Information Name of Organization: American Red Cross Twin Cities Area Chapter Address: 1201 West River Parkway, Minneapolis, Minnesota 55454 -2020 Phone: 651 -305 -2437 Contact: Christopher W. Neher, Corporate Giving Associate Non - Profit with a 501c3 status Amount Requested: $4000 Lawful Purpose Request Expenditure explanation: The American Red Cross Twin Cities Area Chapter has provided transportation since 1917 and began coordination of transportation services for the residents of Ramsey County in 1977. Our Transportation Services program provides transportation to elderly and/or disabled adults to medical appointments, community classes, and other destinations in the Ramsey County area. The service consists of two components- direct service and coordination. The American Red Cross's Transportation Service provided almost 48,000 rides in fiscal year 2006 to the elderly and disabled population of Ramsey County. In addition, The American Red Cross subcontracts with 5 transportation organizations, providing an additional 27,548 rides last year. A snapshot of our clients reveals that: 73.9% are between the ages of 71 and 106 82.7% are below or near poverty 76.1 % are women 26.9% are minorities The American Red Cross Transportation Program is staffed by 9 full time employees, 8 part time employees, and 55 volunteers. All members of the staff are trained to assist in helping transit dependant passengers. Additionally, all volunteers and paid staff members are certified in Special Transportation Services (STS) training. The 14 sedans and 6 lift - equipped vehicles all meet STS standards and are certified as well. In 2007, our Transportation Services program was the recipient of the Presidential Volunteer Service award, with our volunteers logging more hours in the first two months of duty than other comparable programs tally in a full year. The Transportation Services program is housed at the American Red Cross office located at 176 Mkih Robert Street in Saint Paul. Ready! Justification f or funding from the Maplewood Charitable Gambling Fund On an annual basis, the American Red Cross Transportation Services program provides rides to 436 residents of Maplewood. These rides are to medical appointments, financial institutions, and anywhere that allows them the freedom to maintain a good quality of life and the independence of living in their own homes. The average cost of a ride provided by the American Red Cross is $14.50. However, the average donation from our clients is $1.25.1f we provided only one ride annually to the 436 residents that currently use our services in Maplewood, the cost to the American Red Cross after donations would be $5777. 1 ask you to consider a donation of $4000 from the Maplewood Charitable Gambling Fund to help the American Red Cross Twin Cities Area Chapter recover a portion of the cost that we incur providing rides to the elderly and disabled citizens of Maplewood. By signing and completing this form, the organization confirms that they requested Charitable Gambling Tax Funds will be spent for a lawful purpose. This request is a one time request for funds to be awarded in the next fiscal year and the applicant understands requests for future funding will require a new application. Christopher W. Neher, Corporate Giving Associate August 10, 2007 Internal Revenue Service Date. May 11, 2005 AMERICAN NATIONAL RED CROSS 17TH AND D STS NW WASHINGTON DC 20005 -0000 000 Dear Sir or Ma€larn: Department of the Treasury P. 0. Box 2508 Cincinnati, OH 45201 Person to Contact: Ronnie Clemons 31 -04020 Customer Service Representative Toll Free Telephone Number, 8:30 a.m. to 5:30 p.m. ET 877 - 829 -5500 Fax Number: 513 -263 -3756 Federal Identification Number; 53- 0196605 This is in response to your request of May 11, 2005, regarding your organization's tax - exempt status. In December 9938 we issued a determination letter that recognized your organization as exempt from federal income tax. Our rswfl ds indicate that your organization is currently exempt under section 601 (c)(3) of the Internal revenue Code_ Our records indicate that your organization is also classified as a public charity under sections 509(a)(1) and 170(b)(1)(A)(vi) of the Internal Revenue Code. Our records indicate that contributions to your organization are deductible under section 170 of the Code, and that you are qualified to receive tax deductible requests, devises, transfers or gifts under section 2055, 2105 or 2.522 of the Internal Revenue Code. If you have any questions, please Gall us at the telephone number shown in the Beading of this letter. Sinwely, danna K. Skufca, Director, TEIGE Customer Account Services r Updated 06.25.07 City of Maplewood Application for Charitable Gambling Tax Funds AUG 13 2007 Information: Name of Organization requesting funds: - T _ L kim fi.N1 Fo 1 4 MI d S M Phone Number of Contact Person: :7 '7 (p (0 Address: _31l1 15t b t S . / 1S . M1 � tt g E Address: QL 4 01 hJ2 VK t A�k 0, 0 Check Type of Organization Making Request; . ❑ City ❑ County ❑ School District # ( Non -profit 0 4V (Proof of IRS 501c3 status is required) ❑ Other (specify) Lawful Purpose Request The above named orgM iizatiou requests Lawful Amount Requested $ l , cp Charitable Gambling Tax Funds for the following purpose: Explain expenditure attach additional sheets if necessary. 41L d- i t -� v� d s 1 w "4a"[ v VAIM tn 1 0 Xsr A c A. 4 Sktl a-4 4 U 1I�V�S 0+ e�v►n.�iZ, , E 2 4 1 N o of oars Justification — Outline how the proposed project or use of the Charitable Gambling Tax Fund meets guidelines established by City Council.I'`t a'h V 0 d �vV� �f►� V'� f �C(I i Y V i7�. s VV i c CS A'►1 el l I o�vt tt i d� �l � e 4w--C4_1 By completing and signing this form, the organization confirms that the requested Charitable Gambling Tax Funds will be spent for a lawful purpose. This request is a one time request for funds to be awarded in the next fiscal year and the applicant understands requests for future funding will e a new separate application. Sdpwure Title Date Print Name. Y� r� G ' WC S 0 jgD! TPA moms AV=ue 4 " Pills; TIES M.C. �Sitse rtes letter datod 15MA 17, Y-Out status I$ 'ex. ew t Vrom pader-a:l PUT jzttor way Swan i it beamb WAIN (3 F, e � 'ug 3i -t you apa Wint 17 AST; 44p4er pid to she g=:a t h e Z'64t, day of jut f MEth. Au f - Zurt MAW 0 raw, xw4P7 f4l Y*U mar was Ihn xotvw;pr- f ur awAdvivan larxem. FRAMEWORK FOR PUBLIC SERVICE MESSAGING AND COMMUNITY CENTER SIGN AGREEMENT AND SETTLEMENT OF ISSUES BY AND BETWEEN CITY OF MAPLEWOOD AND CLEAR CHANNEL OUTDOOR, INC. Agreement made this day of October, 2007 by and between the City of Maplewood ( "City ") and Clear Channel Outdoor, Inc., a Delaware corporation ( "Clear Channel "). WHEREAS, Clear Channel, Inc. acknowledges that it has erected, constructed or otherwise caused to be operational a "Dynamic Display" sign face (as hereinafter defined) in the City of Maplewood; and: WHEREAS, City staff has indicated to Clear Channel that it believes Clear Channel's dynamic display sign face may be in conflict with a provision of the Maplewood Code; and: WHEREAS, several cities in Minnesota have studied the effect of Clear Channel's installation of so- called "Dynamic Displays" and: WHEREAS, the City of Maplewood has determined that engaging in litigation regarding the employment of these "Dynamic Displays" would be counterproductive based on the experience of other cities similarly situated and which have settled and determined the presence of such "Dynamic Display(s)" do not constitute a problem; and: WHEREAS, the City does hereby commit to amend that portion of the Maplewood Sign (zoning) Code to clarify that off - premise billboards are not prohibited from incorporating a technology that allows sign surfaces to change their sign faces in color or illumination with technology that may include illumination manipulated through digital input or other methods that allow the sign surface to present a series of images or displays that do not blink, flash or flutter but that do, by definition, change in color and/or illumination; signs that will fit the definition of "Dynamic Display(s)" as shall be further- defined; and: WHEREAS, the City is desirous of utilizing Clear Channel's "Dynamic Displays" to display community and public service announcements; and: WHEREAS, Clear Channel is agreeable to displaying community and public service announcements for the City and to further provide the City with a "Galaxy Pro 20mm LED Display" for the Maplewood Community Center at Clear Channel's sole expense and cost as a condition precedent to the City council's approval of a "Dynamic Display" ordinance in conformity with this agreement and respective of Clear Channel's previously activated "Dynamic Display" located at Highwood and 1 -494. NOW, THEREFORE, the parties agree as follows: 1. Clear Channel agrees to reserve no less than five (5) hours (2250 eight - second spots) per month per "Dynamic Display" in Maplewood for community and public service announcements, provided that such announcements cannot be resold and cannot be used by or on behalf of any for -profit enterprise. The City shall be solely responsible for the design and development of all advertising copy, which shall be subject to Clear Channel's review and approval. The City must provide Clear Channel reasonable advance notice for any requested announcement. Advertising time not used by the City in any month will be forfeited, and will not carry into another calendar month. Clear Channel shall have discretion to deliver this service on one or any combination of its "Dynamic Displays." The City may delegate to another governmental entity a portion of the time for community and public service announcements, but such delegation shall not make the delegatee a beneficiary of this paragraph or otherwise entitle that entity to bring an action to enforce this paragraph. Such enforcement rights shall at all times remain with the City. Clear Channel's obligations pursuant to this paragraph are contingent upon Clear Channel receiving the permits described in paragraph 3 below. 2. Clear Channel agrees to purchase and install a Galaxy Pro 20mm LED Dynamic Display for the Maplewood Community Center ( "Galaxy Pro Sign "). The design and specifications of the Galaxy Pro Sign are attached hereto as Exhibit A. Clear Channel agrees to purchase and install the Galaxy Pro Sign no later than ninety (90) days after Clear Channel's receipt of the permits described in paragraph 3 below. Upon installation of the Galaxy Pro Sign, Clear Channel shall transfer to the City all warranties obtained from the manufacturer. The City shall be solely responsible for all messaging associated with the Galaxy Pro Sign, as well as all maintenance and upkeep. Clear Channel makes no warranties or representations whatsoever to the City regarding the Galaxy Pro Sign and the City shall look only to the manufacturer for any claims or causes of action respecting the Galaxy Pro Sign. Clear Channel's obligations pursuant to this paragraph are contingent upon Clear Channel receiving the permits described in paragraph 3 below. 3. It is the City's intention to proceed with a revision to the Maplewood Code clarifying that Dynamic Displays are not prohibited. It is Clear Channel's intention to proceed with applications for sign permits for three (3) additional Dynamic Display sign faces, one being located on the structure at Highwood and 1 -494 and two being located on the existing structure at Highway 36 and White Bear Avenue. Clear Channel's applications for these permits will require the City to grant conditional use permits to increase the 35 foot height limitation in the Code to 50 feet. The permit applications will also require that the Dynamic Display signs be permitted to change no more frequently than once every 8 seconds operating up to 24 hours a day every day of the year. 4. Clear Channel agrees to incorporate its "Dynamic Display(s)" in Maplewood into the State of Minnesota's "Amber Alert" network, and to operate such Dynamic Displays under the same "Amber Alert" terms generally in place between Clear Channel and the State of Minnesota's Department of Public Safety, which currently provides that Clear Channel will post timely messages within its digital display network in the applicable area. 2 5. Upon adoption of the amendment to the City's Sign Code clarifying that Dynamic Displays are not prohibited in the City of Maplewood, Clear Channel and the City agree to abide by the following standards and procedures regarding the brightness and illumination on Clear Channel's "Dynamic Displays" (Signs) in the City of Maplewood: a. No sign may be brighter than is necessary for clear and adequate visibility. b. No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle. C. No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. d. All "Dynamic Display(s)" operated by Clear Channel must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. The signs must also be equipped with a means to immediately turn off the display or lighting if it malfunctions and the sign owner or operator must immediately turn off the sign or lighting when notified by the City that it is not complying with the standards in this section. e. The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects. f. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. The City agrees it will not enforce against Clear Channel any future ordinance, rule, regulation or other law which limits the right of Clear Channel to operate its hereinbefore described "Dynamic Display(s)" consistent with the terms of this Agreement, except to the extent such future ordinance, rule, regulation or other law reasonably relates to safety. 7. The City further agrees that upon execution of this Agreement and performance on the part of Clear Channel, pursuant to paragraph 2 of this Agreement, the City will not pursue any action, criminal or civil, against Clear Channel for the operation of its sign face currently being operated at Highwood and 1 -494 within the City of Maplewood. 3 8. This Agreement, including all rights and obligations provided for herein, shall be - - [Fo:r m - at t - E binding upon the successors and assigns of the parties, whether by way of merger, consolidation, operation of law, assignment, purchase or other acquisition, including subsequent purchasers e from Clear Channel.,9 .......... The City _a nd - Clear - Ch anne l - - - - res erve -- a - 11 -- right - s, -- remedies - - and [�Ie defenses regarding "Dynamic Display" signage should the City not grant to Clear Channel the permits referenced in paragraph 3 above. In such event, the City shall be allowed to pursue any remedies available to it and Clear Channel shall be allowed any defenses available to it. This Agreement shall not be used to establish or defend any legal action related to the operation of Clear Channel's existing "Dynamic Display" should the City not revise its Ordinance as indicated above. City of Maplewood Clear Channel Outdoor, Inc., a Delaware corporation ma Its: ma Its: 4 MEMORANDUM TO: Greg Copeland, City Manager FROM: Karen Guilfoile, Citizen Services Manager DATE: October 4, 2007 RE: Re- designation of Funds Introduction Item L3 Approved by the city council in the 2007 budget was $34,000 for the Community Center Sign repair and $18,400 for gym floor repair. Staff has spent numerous hours and much effort to devise a plan to better accommodate our growing membership needs. While this has been a challenge given the architectural design of the building, it has also caused us to truly evaluate the members "needs and wants" as paying members of our facility. In August of this year staff met with Duane Kell who is a partner with Ankeny Kell Architects who were the original designers of the building. Mr. Kell's fix to our space needs exceeded 1.5 million dollars. After meeting with the architects, staff met again to assess our needs and current uses of the building. After careful review we have determined that converting one of the basketball courts into two rooms would be a better use of the space. The south court would be converted into two rooms that would be used for a strength workout area and a Youth Activities Center. The rooms would be constructed with a wall dividing the two basketball courts and would be open to the walking track above and would be carpeted to accommodate there uses. This area would be built over the existing gym floor problem which would not need the extensive repair as previously stated since it would not be used as a basketball court. Recommendation Staff is requesting that the approved funds of $52,400 be used for the purposes of constructing a wall in the south gym of the community center to accommodate our growing needs. Agenda Item L4 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Edgerton Roselawn Storm Improvements, City Project 07 -25; Resolution Ordering Preparation of Feasibility Study DATE: October 5, 2007 INTRODUCTIONtSUMMARY The Edgerton storm water pond is again at a level requiring 24 -hour, 7 -day per week pumping by Public Works Maintenance crews. This is the fifth mobilization of the crews for pumping in the past 3 years. The pumping is becoming a nuisance to area residents who are disrupted by the noise of the pump and the overland hoses running along Edgerton up to Larpenteur Avenue. It is proposed to conduct a study of this drainage area to develop a permanent pumping station solution. That process needs to begin by initiating the project by approving the attached resolution ordering the preparation of the feasibility study. Background The Edgerton - Roselawn- Skillman drainage area is shown on the attached map. All the flow from this drainage area eventually flows to the pond shown as Edgerton Pond. There is no outlet to Edgerton Pond. This pond is between Bellwood and Ripley and extends under Edgerton into the cemetery. High flows impact a couple of properties along Ripley, as well, numerous cemetery vaults are impacted by the high water. The pumping is necessary to control the impacts to property and the cemetery. This is a recent problem. Long term maintenance personnel, who have over 35 years of experience with the City, cannot recall any need for pumping of this ponding area prior to five years ago. That includes in 1986, which is generally the year that most of the Metro area experienced some of the highest lake and pond levels in recent history. It is likely that the pond was able to infiltrate storm flows for many years. As time passed, the ability to infiltrate slowly deteriorates and eventually an outlet is required. It appears that we have reached that level. This study will explore that. This will need to be a detailed drainage analysis and feasibility study. The current pumping discharge is to Larpenteur Avenue which flows into St. Paul along the Gateway Trail corridor. This is a different Watershed District and the pumping is a major concern of the Watershed Districts and the City of St. Paul. A feasibility study in 1986 investigated routing the outlet into the Maple Hills pond, which is planned for a permanent outlet within the next 10 years to discharge flows eventually into Lake Phalen. The Edgerton outlet may require implementing the Maple Hills outlet project much sooner. The potential scope of this study could result in extensive storm water improvements to this area. BUDGET A not -to- exceed project budget of $75,000 would be established for the project development and preliminary engineering required for completing the feasibility study. The resolution authorizes the City Engineer to select a consultant from our pool to complete this study. Funds for the study would be from a 2008 bond issue dedicating Environmental Utility Funds. RECOMMENDATION Staff recommends that the city council approve the attached resolution ordering the preparation of the feasibility study for the Edgerton Roselawn Area Storm Improvements, Project 07 -25. Attachments: 1 Resolution 2. Location Maps (2) RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the Edgerton Roselawn Area Storm Improvements, Project 07 -25, and to assess the benefited properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $75,000 are appropriated to prepare this feasibility report and the City Engineer is hereby authorized to select a consultant engineer from the city's consultant pool for the implementation of said report and study. Approved this 8th day of October 2007 SUBWATERSHED BASIN BOUNDARY DES0Rr_')-----SKlLLMAN AfREA L"'UM DRA/NAGl.' MEMORAND SUBWATERSHED BOUNDARY ROSELAWN BASIN CONNECTING DRAINAGE AREAS 0 125 250 No HORIZONTAL EDGERTON BASIN SCALE IN FEET DES0Rr_')-----SKlLLMAN AfREA L"'UM DRA/NAGl.' MEMORAND 4 'J SUBWATERSHED BASIN BOUNDARY City ofMaplewood, Albwesota Departmen t of Public Works WATER LVE EVENT T -_ KI LMAN AREA imXH/ $ S IN FUT Kimley-Horn and Associates, Inca TY AW. , S,ITF 345N TEL N© ( 1) 4157 ST. PAi1L. MILAN TA W14. FAX N*4 X651) 645--51115