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HomeMy WebLinkAbout2009 06-22 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 6:30 P.M. Monday, June 22, 2009 City Hall, Council Chambers Meeting No. 13 - 09 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 1. Acknowledgement of Maplewood Residents Serving the Country. C. ROLL CALL Mayor's Address on Protocol: "Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and procedures and Rules of Civility, which are located near the entrance. 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. " , • ZO , • a =111W 1. Approval of June 1, 2009, Council Workshop Minutes 2. Approval of June 1, 2009, A Continuation of May 28, 2009, Council Meeting Minutes 3. Approval of June 8, 2009, Council Workshop Minutes 4. Approval of June 8, 2009, Council Meeting Minutes F. VISITOR PRESENTATIONS — PART 1 (Note: Visitor Presentations shall not extend past 7:00 p.m.; if time is not available to complete this item; all presenters will be instructed to remain at the meeting until this item is re- opened following Award of Bids, or return to the next Regular Meeting of the Council.) G. ADMINISTRATIVE PRESENTATIONS (Note: Items G -H shall not extend past 7:00 p.m.; if time is not available to complete these items, they shall be extended by Council motion to the end of the meeting following Visitor Presentation — Part 11.) 1. Announcement of Council Manager Workshop - July 6, 2009 at 5:00 p.m. - Discussion of 2009 and 2010 Budget H. COUNCIL PRESENTATIONS APPOINTMENTS AND PRESENTATIONS J. PUBLIC HEARINGS 1. National Pollutant Discharge Elimination System (NPDES) Phase 11 Annual Report /Public Meeting — 7:00 p.m. K. UNFINISHED BUSINESS 1. County Road D Street Improvements (McKnight to Lydia), Project 08 -20, Resolution Awarding Bid Alternate 1 For Lake Links Trail Improvements 2. Consider Resolution Approving Extension To Open Space Purchase Option Within Carver Crossing Development Contract 3. Energy Efficiency and Conservation Block Grant Program a. Consider Selection of Projects b. Consider Resolution Authorizing Submittal of Grant for Use of 2009 ARRA Funds 4. Economic Development Authority a. Consider Resolution Adopting an Ordinance Establishing The Maplewood Area Development Authority b. Consider Resolution Adopting Bylaws of Maplewood Economic Development Authority c. Consider Resolution Directing Consideration of Business and Economic Development Advisory Commission (BEDC) d. Consider Resolution Accepting Purchase Agreement From Roadmaster of Minnesota LLC For Parcel On Van Dyke Street North At Castle Avenue 5. Gladstone — Phase I — City Project 04 -21 — Consider Resolution Receiving Preliminary Report On Improvement Options and Calling Public Hearing For July 13, 2009 6. County Road D Street Improvements (McKnight to Lydia), Project 08 -20, Resolution Adopting Revised Assessment Roll 7. Holloway Ave and Stanich- Highlands Area Street Improvements, Project 09 -13, Resolution Accepting Feasibility Study and Calling Public Hearing 8. Consider Denial Of Application of Lot Split For Richie Place (South of Labore Road and East of Arcade Street) L. NEW BUSINESS 1. On -Sale Intoxicating Liquor License — Approve TGI Friday's New Manager, John Mark Dorow 2. On -Sale Intoxicating Liquor License — Approve Champps New Manager, Richard Milton Authier 3. Consider Authorization To Enter Into An Agreement With The Minnesota DNR For The Installation Of A Fishing Pier On Wakefield Lake 4. Adopt A Resolution Authorizing Submission Of A Request For State Bonding Funds For the Design And Construction Of A Regional Fire Training Facility 5. Reduction Of Council Wages and Rollback of 2008 COLA Increase — Councilmember Hjelle — Report Provided at Council Meeting. 6. Repeal of Maplewood City Ordinance Section 2 -38 — Councilmember Hjelle — Report Provided at Council Meeting 7. Reduction of 2009 City Budget to Reflect Loss of Revenue — Councilmember Hjelle — Report Provided at Council Meeting 8. City Manager Performance Review - Councilmember Hjelle — Report Provided at Council Meeting. M. CONSENT AGENDA 1. Approval of Claims 2. Approval of 2009 Justice Assistance Grant (JAG) 3. Approve Contract — Event 360 Race For The Cure — Use Of Harvest Park 4. Approval of Lawful Gambling License — Lady Slipper Chapter of The American Business Association at Dean's Tavern O. VISITOR PRESENTATION — PART 11 (NOTE: This is a continuation of VISITOR PRESENTATIONS from earlier in the meeting and is intended to make time available if the item is not completed by 7:00 p.m. -Not intended for new visitor presentation items.) P. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk's Office at 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings — elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 p.m., Monday, June 1, 2009 Council Chambers, City Hall r!"l A A CALL TO ORDER AGENDA E1 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:05 p.m. by Mayor Longrie. ROLL CALL Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember Present Present at 6:40 p.m. Absent Present Present Councilmember Rossbach Seconded by Councilmember N Ayes — All The motion passed. D. UNFINISHED BUSINESS' 1. Sign Ordinance — Update and Progress Report on Proposed Amendments a. Environmental Planner, Shann Finwall gave the presentation and answered questions of the council. b. Natural Resources Coordinator, Ginny Gaynor answered questions of the council. Former Chairperson on the Community Design Review Board, Linda Olson spoke. City Manager, James Antonen informed the council that the Sign Ordinance would return to the CDRB for another review and be brought back to the council for a first reading in the fall with the final adoption by the end of 2009. 2. Wetland Ordinance — Proposed Ordinance Changes and Update a. Environmental Planner, Shann Finwall gave the presentation and answered questions of the council. b. Parks and Community Development Director, DuWayne Konewko answered questions of the council. C. Natural Resources Coordinator, Ginny Gaynor answered questions of the council. d. City Manager, James Antonen answered questions of the council. June 1, 2009 City Council Manager Workshop Minutes Packet Page Number 4 of 188 Mayor Longrie invited residents to come forward to speak. 1. Sharon Sandeen, 1748 Gulden Place, Maplewood. 2. Steve Bryan, 1752 Gulden Place, Maplewood. 3. Linda Bryan, 1752 Gulden Place, Maplewood. E. NEW BUSINESS None. F. ADJOURNMENT Mayor Longrie adjourned the meeting at 7:22 p.m. June 1, 2009 City Council Manager Workshop Minutes Packet Page Number 5 of 188 4 MINUTES MAPLEWOOD CITY COUNCIL AGENDA ITEM E2 6:30 p.m., Monday, June 1, 2009 A Continuation of the meeting May 28, 2009, City Council Meeting Council Chambers, City Hall Meeting No. 11 -09 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:35 p.m. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Absent John Nephew, Councilmember Present Will Rossbach, Councilmember Present D. AD12ROV OF AGENIDA E. APPROVAL OF MINUTES F VICIT�RESENTATIONS PART I G. ADMINISTRATIVE PRESENTATIONS (Heard at the end of the meeting) 1. Six -Month Review of Stargate Dance Club a. Maplewood Police Chief David Thomalla gave the report. H. COUNCIL PRESENTATIONS (Heard at the end of the meeting) (Carried over from May 28, 2009.) 1. N.E.S.T. Report — Councilmember Rossbach gave an update regarding N.E.S.T. 2. Web Casting and Cable Commission Update — Councilmember Nephew this will be discussed at the June 8, 2009, council workshop at 5:00 p.m. 3. 1 -94 Corridor Meeting — Mayor Longrie gave an update from the May 7, 2009,1-94 Corridor Meeting. The next meeting is June 11, 2009. 4. Commission Packets — Mayor Longrie asked staff to check into Parks Minutes and packets on the website. 5. North St. Paul Newsletter — Mayor Longrie J June 1, 2009 1 A Continuation Meeting of May 28, 2009 Packet Page Number 6 of 188 City Council Meeting Minutes K. UNFINISHED BUSINESS 3. 2030 Comprehensive Plan Update a. Planner, Michael Martin gave the presentation and answered questions of the council. i. Jim Nygaard, 1110 County Road C East, Maplewood. Mayor Longrie moved to authorize staff to submit the updated draft 2030 Comprehensive Plan to the Metropolitan Council including the parcels (PIDs 092922120009, 092922120010, 092922120012) that Councilmember Rossbach recommended be guided as medium density residential. Seconded by Councilmember Nephew. Ayes — All The motion passed. L. NEW BUSINESS 3. Consider Resolution Authorizing Preparation of Preliminary Report on Advancement of 2010 Projects on Holloway Avenue (North St. Paul to McKnight and Stanich- Highlands Area Streets) a. Assistant City Manager, Public Works Director Chuck Ahl gave the report and answered questions of the council. Councilmember Rossbach moved to recommend the resolution authorizing preparation of a and Stanich- Highlands Area Streets. RESOLUTION 09 -05 -186 ORDERING PREPARATION OF A. FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the Holloway Avenue as a joint project with North St. Paul between North St. Paul Road and McKnight Road and to the Stanich — Highland Neighborhood Area Streets, City Project 09 -10 and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $150,000 are appropriated to prepare this feasibility report. Approved this 11th day of May 2009. Seconded by Councilmember Nephew. Ayes — All The motion passed. June 1, 2009 2 A Continuation Meeting of May 28, 2009 Packet Page Number 7 of 188 City Council Meeting Minutes M. CONSENT AGENDA 2. Desoto- Skillman Area Street Improvements, Project 06 -16, Resolution Directing Modification of Existing Construction Contract, Change Order 5 a. Assistant City Manager, Public Works Director, Chuck Ahl gave the presentation. b. Parks and Community Development Director, DuWayne Konewko gave the specifics of the report and answered questions of the council. Mayor Longrie moved to direct staff to look at the budget for the road proiect regarding the park for the tot lot on Mississippi Street and bring it back to the council to look at what else needs to be reviewed before closing the books. Mayor Longrie moved to approve Change Order 5 for the work as described. The resolution for the Modification of Existing Construction Contract, change Order number 5. RESOLUTION 09 -05 -188 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 06 -16, CHANGE ORDER 5 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 06 -16, Desoto Skillman Area Neighborhood Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and exped Improvement Project 06 -16, Change Order contract be modified and designated as NOW, THEREFORE, BE IT RESOLVED BY T MINNESOTA that: The mayor and city clerk are hereby contract by executing said Change { contract amount is $3,323,289.24. Seconded by Councilmember Nephew. The motion passed CITY COUNCIL OF MAPLEWOOD, orized and directed to modify the existing r No. 5 in the amount of $22,752.47. The revised Ayes — All 15. Resolution of Support For Environment and Natural Resources Trust Fund — Request for $1.5 Million Grant for Acquisition of Land Within Fish Creek Corridor a. Parks and Community Development Director, DuWayne Konewko gave the specifics of the report and answered questions of the council. Mayor Longrie moved to approve the resolution of support for the request for proposal to the LCCMR for the 2010 Minnesota Environment and Natural Resources Trust Fund. This proposal includes a request for $1,500,000 for funding land acquisition in the Fish Creek Natural Area Greenway. RESOLUTION NO. 09 -05 -193 A RESOLUTION OF SUPPORT FOR THE ENVIRONMENT AND NATURAL RESOURCES TRUST FUND REQUEST FOR PROPOSAL TO THE LEGISLATIVE- CITIZEN COMMISSION ON MINNESOTA RESOURCES June 1, 2009 3 A Continuation Meeting of May 28, 2009 Packet Page Number 8 of 188 City Council Meeting Minutes WHEREAS, the Legislative- Citizen Commission on Minnesota Resources (LCCMR) makes funding recommendations to the Minnesota Legislature on an annual basis for up to 5.5 percent of the existing value of the Minnesota Environment and Natural Resources Trust Fund (i.e., Minnesota lottery contributions and investment income); and WHEREAS, an estimated $25.6 million is available from the Trust Fund for the funding cycle beginning July 1, 2010; and WHEREAS, on April 27, 2009, Maplewood submitted a request for proposal for the 2010 Environment and Natural Resources Trust Fund to the LCCMR for funding $1,500,000 for land acquisition in the Fish Creek Natural Area Greenway; and WHEREAS, the Fish Creek Natural Area Greenway is one of four greenways the City of Maplewood designated for protection in the 2030 Comprehensive Plan; and WHEREAS, there are several large tracts of private land in the Fish Creek Natural Area Greenway that are particularly vulnerable to development in the coming years; and WHEREAS, the City of Maplewood seeks to acquire and permanently protect private land parcels of high ecological value within the Fish Creek Natural Area Greenway with the proposed funding. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Maplewood, County of Ramsey, State of Minnesota, hereby supports the request for proposal to the LCCMR for the 2010 Minnesota Environment and Natural Resources Trust Fund in the amount of $1,500,000 for land acquisition in the Fish Creek Natural Area Greenway. Adopted this 1st day of June, 2009. Mayor Seconded by Councilme The motion passed City Clerk Ayes — All 16. Consider Approval of Acceptance of Donations From Maplewood Unions to the City Memorial a. Parks and Community Development Director, DuWayne Konewko gave the specifics of the report and answered questions of the council. Mayor Longrie moved to approve the resolution accepting the $900 in donations from the Maplewood Unions and authorized the adiustment of budgets so funds can be expended by the Community Development and Parks Department for the city memorial. June 1, 2009 4 A Continuation Meeting of May 28, 2009 Packet Page Number 9 of 188 City Council Meeting Minutes RESOLUTION 09 -05 -194 ACCEPTANCE OF DONATION WHEREAS Maplewood has received donations totaling $900 ($500, $250, and $150) from three Maplewood Unions (MSA, AFSCME, MCSA) for the city hall campus memorial sitting area; NOW, THEREFORE, BE IT RESOLVED that the Maplewood city council authorizes the Community Development and Parks Department to accept these donations totaling $900. 1 certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on June 1, 2009. SIGNED: WITNESSED: Mayor Date Seconded by Councilmember Nephew. The motion passed ►ITGml- M None. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 8 :45 p.m. City Clerk Ayes — All June 1, 2009 5 A Continuation Meeting of May 28, 2009 Packet Page Number 10 of 188 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 p.m., Monday, June 8, 2009 Council Chambers, City Hall A. CALL TO ORDER AGENDA E3 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:00 p.m. by Mayor Longrie. B. ROLL CALL A a A Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember APPROVAL OF AGENDA Councilmember Rossbach moved to ar Seconded by Councilmember Nephew. The motion passed. UNFINISHED BUSINESS None. NEW BUSINESS i! Ayes — All 5:00 - 5:30 p.m. Webcast Video Streaming a. City Manager, James Antonen addressed the council regarding Webcast Video Streaming. b. Councilmember Nephew gave the specifics of the report. i. Executive Director from the Cable Commission, Tim Finnerty addressed and answered questions of the council. ii. IT Specialist, CTV Roseville, Ian Cobb addressed and answered questions of the council. 2. 5:30 — 6:30 p.m. Update /Discussion on Gladstone — Phase 1: Development and Financial Options a. City Manager, James Antonen addressed and answered questions of the council. b. Assistant City Manager, Public Works Director, Chuck Ahl gave specifics and answered questions of the council. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:42 p.m. June 8, 2009 City Council Manager Workshop Minutes Packet Page Number 11 of 188 Present Present at 6:13 p.m. Present Present Fi l A A MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, June 8, 2009 Council Chambers, City Hall Meeting No.12 -09 CALL TO ORDER AGENDA ITEM E4 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:50 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember Present Present Present Present Present APPROVAL OF AGENDA The following items were added to the agenda Mayor Longrie had additions for Council H2. Citizens Forum, June 6, 2009 H3. First Tier Commission Meeting H4. Mr. Antonen added Ram ev COL M o P'iLa'ii1T�'ri �i nd Water Protection Plan public hearing Mayor Longrie recommended moving 14. to the first item of Unfinished Business in order to have more council discussion about the points raised in an email by Ms. Ginny Yingling. Councilmember Hjelle pulled H1 the Reduction of Council Benefits. He requested that it be added to the June 22, 2009, City Council Agenda under New Business. Councilmember Nephew moved to approve the agenda as amended. Seconded by Councilmember Hjelle Ayes — All The motion passed. E. APPROVAL OF MINUTES Approval of May 28, 2009, City Council Workshop Minutes Councilmember Nephew moved to approve the May 28, 2009, City Council Workshop Minutes as submitted. Seconded by Councilmember Hjelle. June 8, 2009 City Council Meeting Minutes Ayes — Mayor Longrie, Councilmember Hjelle, Nephew & Rossbach Abstain — Councilmember Juenemann Packet Page Number 12 of 188 1 The motion passed. F 1W IN Approval of May 28, 2009, City Council Meeting Minutes Councilmember Nephew had a correction on page 2 of minutes, under Approval of May 11, 2009, City Council Meeting Minutes it should say Seconded by Councilmember Rossbach Councilmember Juenemann had a correction on page 6, the motion says less the assessments and it should say less the obiections Councilmember Nephew moved to approve the May 28, 2009, City Council Meeting Minutes as amended. Seconded by Councilmember Rossbach. Ayes — All The motion passed. VISITOR PRESENTATIONS — PART I Dave Schilling, 1955 Greenbrier Street, about grants that the city has applied fc ran out. Mr. Schilling discussed issues ilewood. Mr. Schilling expressed concerns I asked what would happen if the grant funds strust with the smoke task force. 2. John Wykoff, 2345 Maryland Av( is failing along with the condition would replace it because he felt st, Maplewood. Discussed his retaining wall that riveway and garage and whether or not the city ning wall was installed incorrectly. ADMINISTRATIVE PRESENTATIONS None. COUNCIL PRESENTATIONS (Moved to the end of the meeting) 1. Reduction of Council Wages and Benefits — Councilmember Hjelle (Councilmember Hjelle removed this item from the agenda and requested that it be added to the June 22, 2009, agenda under New Business) APPOINTMENTS AND PRESENTATIONS Swearing In of Police Officers Daniel Martin and Bradley Rezny a. Maplewood Chief, Dave Thomalla gave the presentation and turned the swearing in and oath of office over to Mayor Longrie. b. Mayor Longrie read the oath of office to Officers Daniel Martin and Bradley Rezny. C. Family members of Officer Martin and Officer Rezny pinned their badges on. 2. Resolution of Appreciation for Linda Olson CDRB Councilmember Nephew moved to approve the resolution of appreciation for board member Linda Olson June 8, 2009 Packet Page Number 13 of 188 2 City Council Meeting Minutes RESOLUTION 09 -06 -197 RESOL UTION OF APPRECIA TION WHEREAS, Linda Olson has been a member of the Maplewood Community Design Review Board for eight years, since March 26, 2001, until May 12, 2009, and has served faithfully in that capacity; and WHEREAS, the Community Design Review Board has appreciated her experience, insights and good judgment; and WHEREAS, Ms. Olson has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Olson has shown dedication to her duties and has consistently contributed her leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Linda Olson is hereby extended our gratitude and appreciation for her dedicated service. Passed by the Maplewood City Council on .Tune 8, 2009 Passed by the Maplewood Community Design Review Bt on May 26, 2009 Attest: Karen Guilfoile, City Clerk Seconded by Councilmember Juenemann. Ayes — All The motion passed. 3. Resolution of Appreciation for John Demko CDRB Councilmember Nephew moved to approve the resolution of appreciation for board member John Demko. RESOLUTION 09 -06 -198 RESOL UTION OF APPRECIATION WHEREAS, John Demko has been a member of the Maplewood Community Design Review Board for two years, since February 26, 2007, until May 12, 2009, and has served faithfully in that capacity; and June 8, 2009 Packet Page Number 14 of 188 3 City Council Meeting Minutes WHEREAS, the Community Design Review Board has appreciated his experience, insights and good judgment; and WHEREAS, Mr. Demko has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Dencko has shown dedication to his duties and has consistently contributed his leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBYRESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that John Demko is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on June 8, 2009 Diana Longrie, Mayor Passed by the Maplewood Community Design Review Board on May 26, 2009 Attest: Karen Guilfoile, City Clerk Seconded by Mayor Longrie. Ayes — All 4. Approval of Fish Creek Natural Area Greenway Ad -Hoc Commission Appointees (Moved to K1. Unfinished Business) J. PUBLIC HEARINGS County Road D Street Improvements (McKnight to Lydia), Project 08 -20 a. Assessment Hearing b. Resolution Adopting Assessment Roll C. Resolution Receiving Bids and Awarding Construction Contract i. City Engineer, Assistant Public Works Director, Michael Thompson gave the presentation and answered question of the council. ii. Assistant City Manager, Public Works Manager, Chuck Ahl answered questions of the council. Mayor Longrie opened the public hearing. 1. Judy Garscia, 2280 County Road D East, Maplewood. (spoke twice) 2. Marcelina Rumbo, 2354 County Road D East, Maplewood. 3. Ordell Vanoverbeke, 3015 Bellaire Avenue North, Maplewood. June 8, 2009 Packet Page Number 15 of 188 4 City Council Meeting Minutes Mayor Longrie closed the public hearing. Councilmember Nephew moved to approve the resolution adopting the assessment roll for County Road D Street Improvements, City Project 08 -20 less the objections received during the public hearing. Council approved a two year blanket deferral before the city collects on the assessments as discussed at the council meeting. RESOLUTION 09 -06 -199 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 11, 2009, calling for a Public Hearing, the assessment roll for the County Road D Street Improvements, City Project 08 -20, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 01.29.22.21.0099 — Thomas Gamble; 2484 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Gamble is requesting that the assessment be cancelled due to financial hardship. b. Parcel 01.29.22.22.0097 — Marcelina Rumbo; 2360 County Road D East It is currently proposed that the property be assessed for 1 unit (street and watermain). Ms. Rumbo is requesting that the assessment be cancelled due to financial hardship. c. Parcel 01.29.22.22.0099 — Marcelina Rumba; 2354 County Road D East It is currently proposed that the property be assessed for 1 unit (street and watermain). Ms. Rumbo is requesting that the assessment be cancelled due to financial hardship. d. Parcel 01.29.22.22.0001 David Seidel; 2370 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Seidel is requesting a senior citizen deferment. e. Parcel 01.29.22.21.0079 — Donna McCormack; 2384 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Ms. McCormack is requesting a senior citizen deferment. Parcel 01.29.22.21.0102 — Kendall Cook; 3069 Bellaire Avenue It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Cook is requesting a deferment due to financial hardship. g. Parcel 01.29.22.21.0105 — Shawn Themmes; 2429 Gall Avenue It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mrs. Themmes is requesting that the assessment be cancelled due to financial hardship. h. Parcel 01.29.22.22.0061 — Judy Garscia; 2280 County Road D East It is currently proposed that the property be assessed for 1 unit (watermain, street, and storm sewer). Ms. Garscia is requesting that the assessment be cancelled due to financial hardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: June 8, 2009 Packet Page Number 16 of 188 5 City Council Meeting Minutes 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 June 22, 2009, as to their recommendations for adjustments. 2. The assessment roll for the County Road D Street Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 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 2012 and shall bear interest at the rate of 5.4 percent per annum beginning June 8, 2011. To the first installment shall be added interest on the entire assessment from June 8, 2011, until December 31, 2011. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2011, pay the whole of the assessment on such property, with interest accrued to the date of the payment, '` "to the city clerk, except that no interest shall be charged if the entire assessment is paid on or before July 8, 2011; and they may, at any time after October 1, 2011, 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 October 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall fortt 2009, transmit a certified duplicate of this property tax lists of the county. Such asE manner as other municipal taxes. Adopted by the council on this 8 day of June 2C Seconded by Councilmember Rossbach. October 1, 2009, but no later than October 15, ant to the county auditor to be extended on the shall be collected and paid over the same Ayes - All The motion passed. Councilmember Nephew moved to approve the resolution for the County Road D Street Improvements, City Project 08 -20 receiving the Bids and Awarding the Construction Contract to T.A. Schifsky & Sons for $712,665.12. RESOLUTION 09 -06 -200 RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky & Sons, Inc., which includes the base bid only, in the amount of $712,665.12 is the lowest responsible bid for the construction of County Road D Street Improvements — City Project 08 -20, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Adopted by the council on this 8 th day of June, 2009. June 8, 2009 Packet Page Number 17 of 188 6 City Council Meeting Minutes Seconded by Councilmember Juenemann. Ayes — All The motion passed i 4. Approval of Fish Creek Natural Area Greenway Ad -Hoc Commission Appointees a. Environmental Planner, Shann Finwall gave the report and answered questions of the council. b. City Manager, James Antonen answered questions of the council. 1. Ralph Sletten, 2747 Clarence Street North, Maplewood. (spoke twice) 2. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. 3. Ron Cockriel, 943 Century Avenue, Maplewood. (spoke twice) Councilmember Rossbach moved to approve the Ad -Hoc Commission Appointees. Carolyn Peterson, Ginny Yingling, Ron Cockriel, John Moriarty, Cliff Aichin. er, Ginny Gaynor and one Seconded by Councilmember Juenemann. Ayes — All The motion passed. Carsgrove Meadows Area Street Ir Revised Assessment Roll a. City Engineer, Deputy Public' and answered questions of th nts, Project 08 -10, Resolution Adopting Director, Michael Thompson gave the report ncil. Councilmember Juer roll for the Carsarove Improvements, Proiect 08 -10. :SOLUTION 09 -06 -201 REVISED ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 28, 2009, the assessment roll for the Carsgrove Meadows Area Street Improvements, City Project 08 -10, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, ten (10) property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: Parcel 09.29.22.21.0009 — Dorothy Heckmann; 2579 Cypress Street N It is currently proposed that the property be assessed for 2 units (street and storm sewer) since it currently consists of 1 undeveloped residential lot and 1 developed residential lot. Ms. Heckmann is requesting that the assessment for the undeveloped residential lot be deferred since there are no plans to develop the lot. 2. Parcel 09.29.22.21.0010 — Cha Tou Thao; 2571 Cypress Street N Mr. Cha Tou Thao is objecting to the assessment of the property due to financial hardship and does not believe the street reconstruction is warranted at this time. June 8, 2009 Packet Page Number 18 of 188 7 City Council Meeting Minutes 3. Parcel 09.29.22.22.0042 — Flete W. Gray; 2585 Forest Street N It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Gray is objecting to the assessment and is requesting a revision of assessment. Mr. Gray states that in the summer /fall of 2007 the City of Maplewood came into his backyard to fix the existing storm sewer line that runs through his back yard. The city extended the existing storm sewer line and filled in the existing ditch. Mr. Gray does not believe he should be assessed for the inspection of the storm sewer that is 2 years old. Mr. Gray is requesting a revision of the assessment to exclude the storm sewer assessment. 4. Parcel 09.29.22.21.0051 — William G. Goff 11; 1000 County Road C East Mr. Goff is objecting to the assessment of the property and requesting cancellation of the assessment. Mr. Goff states that the property was previously assessed for street improvements on County Road C East and should not be assessed twice as it would cause a financial hardship. Mr. Goff states he has been out of work for 6 months. 5. Parcel 09.29.22.21.0032 — Hoa B Tieng; 967 Connor Avenue E Mr. Hoa B Tieng is objecting to the assessment of the property and requesting deferral of assessment. Mr. Hoa B Tieng states that the cost is too expensive for homeowners and that the city will also benefit from the improvements and should carry some if not all of the costs. 6. Parcel 09.29.22.22.0014 — William S. Halloran; 821 Palm Court E Mr. Halloran is objecting to the assessment of the property and requesting deferral of assessment. Currently the property is undeveloped and Mr. Halloran states that there are no plans to build on the property. 7. Parcel 09.29.22.23.0025 — William J Sievers; 0 Forest Street E Mr. Sievers is objecting to the assessment of the property and requesting deferral of assessment. Currently the property is undeveloped and Mr. Sievers states that there are no plans to improve the property. 8. Parcel 09.29.22.22.0028 — Ms. Rabcevich is objecting assessment. Ms. Rabcevii the city should save up mo there has been limited, poc states that she is a semi -rE i Rabcevich; 873 Connor Court E e assessment of the property and requesting a revision of rtes that city taxes should be used to pay for the roads, that Before starting road reconstruction, and for the past 20 years iservation and maintenance of the roads. Ms Rabcevich widow with a son in college. 9. Parcel 09.29.22.22.0035 — Heidi Severson; 926 Palm Circle Ms. Severson is objecting to the assessment of the property and requesting a revision of assessment. Ms. Severson conveyed that the assessment is too much, that they are paying some of the highest taxes in Maplewood, the property is one of the smallest lots in the subdivision, and that the assessment should be reduced or made free. 10. Parcel 09.29.22.22.0032 — William Sheahan; 913 Connor Court E Mr. Sheahan is requesting clarification if the assessment cost includes restoration after the construction and if there are any provisions for wheelchair accessibility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 6. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Carsgrove Meadows Area Street Improvements, Project 08 -10: June 8, 2009 Packet Page Number 19 of 188 8 City Council Meeting Minutes Parcel 09.29.22.21.0009 — Dorothy Heckmann; 2579 Cypress Street N Ms. Heckmann is requesting that the assessment for the undeveloped residential lot be deferred based on that there are no plans to develop the lot. Staff recommendation is to grant deferral (15 years) upon approval of necessary paperwork. If the property remains undeveloped during the entire 15 year deferral time period the assessment will be cancelled. If at any point during the 15 year deferral period the lot is developed the assessment would become active. 2. Parcel 09.29.22.21.0010 — Cha Tou Thao; 2571 Cypress Street N Mr. Cha Tou Thao is objecting to the assessment of the property due to financial hardship and does not believe the street reconstruction is warranted at this time. Staff recommendation is to deny cancellation of assessment and grant a senior citizen /financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 3. Parcel 09.29.22.22.0042 — Flete W. Gray; 2585 Forest Street N Mr. Gray is objecting to the assessment and is requesting a revision of the assessment to exclude the storm sewer assessment. Staff recommendation is to deny revision of the assessment to exclude the storm sewer assessment. Based on current policy the storm sewer assessment is a one time assessment on all Maplewood properties for project related storm sewer improvements. There has been no previous storm assessment against this property. 4. Parcel 09.29.22.21.0051 —William G. Goff 11; 1000 County Road C East Mr. Goff is objecting to the assessment and is requesting cancellation of the assessment. Staff recommendation is to grant cancellation of the street assessment upon receiving necessary paperwork and record of past street assessment within the last 35 years from Mr. Goff. Staff recommendation is to deny cancellation of the storm sewer. Based on current policy the storm sewer assessment is a one time assessment on all Maplewood properties for storm sewer improvements for which this property has not been assessed for in the past. 5. Parcel 09.29.22.21.0032 — Hoa B Tieng; 967 Connor Avenue E Mr. Hoa B Tieng is objecting to the assessment of the property and requesting deferral of assessment. Staff recommendation is to grant a senior citizen /financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 6. Parcel 09.29.22.22.0014 — William S. Halloran; 821 Palm Court E Mr. Halloran is requesting that the assessment for the undeveloped residential lot be deferred because there are no plans to develop the lot. Staff recommendation is to grant deferral (15 years) upon approval of necessary paperwork. If the property remains undeveloped during the entire 15 year deferral time period the assessment will be cancelled. If at any point during the 15 year deferral period the lot is developed the assessment would become active. 7. Parcel 09.29.22.23.0025 — William J Sievers; 0 Forest Street E Mr. Sievers is requesting that the assessment for the undeveloped residential lot be deferred based on that there are no plans to develop the lot. Staff recommendation is to grant deferral (15 years) upon approval of necessary paperwork. If the property remains undeveloped during the entire 15 year deferral time period the assessment will be cancelled. If at any point during the 15 year deferral period the lot is developed the assessment would become active. 8. Parcel 09.29.22.22.0028 — Anna Rabcevich; 873 Connor Court E Ms. Rabcevich is objecting to the assessment of the property and requesting a revision of assessment. Staff recommendation is to deny revision of the assessment. The assessment is in accordance with the City of Maplewood's 1999 Pavement Management Policy at the June 8, 2009 Packet Page Number 20 of 188 9 City Council Meeting Minutes amount set per unit by city council for the 2009 construction season. The current policy is a "pay as you use" system whereby selling bonds is the method to finance capital improvements. 9. Parcel 09.29.22.22.0035 — Heidi Severson; 926 Palm Circle Ms. Severson is objecting to the assessment of the property and requesting a revision of assessment. Staff recommendation is to deny revision of the assessment. The assessment is in accordance with the City of Maplewood's 1999 Pavement Management Policy at the amount set per unit by city council for the 2009 construction season. 10. Parcel 09.29.22.22.0032 — William Sheahan; 913 Connor Court E Mr. Sheahan is requesting clarification if the assessment cost includes restoration after the construction and if there are any provisions for wheelchair accessibility. Mr. Sheadhan did not indicate any intentions of a deferral, revision, or cancellation of assessment. Clarification was provided to Mr. Sheadhan at the May 28, 2009 assessment hearing by staff. No action is needed. 7. The assessment roll for the Carsgrove Meadows Area Street Improvements as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 8. 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 2010 and shall bear interest at the rate of 5.4 percent per annum form 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, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 9. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2009, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2009, 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 October 15 or interest will be charged through December 31 of the next succeeding year. 10. The city engineer and city clerk shall forthwith after October 1, 2009, but no later than October 15, 2009, 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 June 2009. Seconded by Councilmember Juenemann. The motion passed. June 8, 2009 City Council Meeting Minutes Ayes — All Packet Page Number 21 of 188 10 L. NEW BUSINESS Authorization to Make Budget Adjustment for Project 03 -15 to Accommodate Conduit Installation a. IT Director, Mychal Fowlds gave the report and answered questions of the council. b. Assistant City Manager, Public Works Director, Chuck AN answered questions of the council. C. City Engineer, Deputy Public Works Director, Michael Thompson answered questions of the council. Councilmember Rossbach moved to approve authorization to make budget adjustments to Project 03 -15 up to and not to exceed $50,000 dependent on the final project costs to accommodate conduit installation. Seconded by Councilmember Juenemann. Ayes — Councilmembers Juenemann, Nephew & Rossbach Nays — Mayor Longrie, Councilmember Hjelle The motion passed. M. CONSENT AGENDA 1. Councilmember Hjelle moved to approve items 1 & 2. Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Councilmember Juenemann i Seconded by Councilmember Hjelle. The motion passed. Approval of Claims Councilmember Hjelle moved Approval of Claims. ACCOUNTS PAYABLE: $ 477,346.72 $ 174,794.95 $ 136,996.22 $ 2,827,746.77 Ayes — All Checks # 78457 thru # 78510 Dated 05119109 thru 05126109 Disbursements via debits to checking account Dated 05119109 thru 05122109 Checks # 78511 thru # 78555 Dated 06102109 thru 06/02/09 Disbursements via debits to checking account dated 05/22109 thru 05129109 Total Accounts Payable June 8, 2009 Packet Page Number 22 of 188 11 City Council Meeting Minutes 0 0 $ 492,373.96 Payroll Checks and Direct Deposits dated 05129109 $ 460.00 Payroll Deduction check #1007249 dated05/29/09 $ 492,833.96 Total Payroll $ 3.320,580.73 GRAND TOTAL Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Ferndale- Geranium Area Street Improvements, Project 07 -14, Resolution Approving Final Payment and Acceptance of Project (Includes Change Order No. 4) Councilmember Hjelle moved to )rove the Ferndale- Geranium Area Street Improveme (INCLUDES CHANGE WHEREAS, the City Council of Improvement Project 07 -14, Fernd construction contract aursuant to IV WHEREAS, it is now neces Improvement Project 07 -14, Ch 197 :EPTANCE OF PROJECT -14 )ER NO. 4) od, _Minnesota has heretofore ordered made ium Area Neighborhood Improvements, and has let a Statutes, Chapter 429, and expedient that said contract be modified and designated as er No. 4, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Ferndale - Geranium Area Street Improvements, City Project 07 -14, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 4 in the amount of $9,688.84. The revised contract amount is $1,872,186.70. 2. City Project 07 -14 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $1,859,819.87. Final payment to T.A. Schifsky and Sons, Inc., and the release of any retainage or escrow is hereby authorized. Approved this 8 th day of June 2009. June 8, 2009 Packet Page Number 23 of 188 12 City Council Meeting Minutes Seconded by Councilmember Nephew. Ayes — All The motion passed. 3. Gladstone Area Sidewalk and Trail Improvements, Project 04 -21, Adopt Resolution of Support for STP Application Councilmember Juenemann moved to approve the Gladstone Area Sidewalk and Trail Improvements, Proiect 04 -21, Adopt Resolution of Support for STP Application. RESOLUTION 09 -06 -203 SUPPORTING FEDERAL SURFACE TRANSPORTATION PROGRAM (STP) FUNDING APPLICATION SUBMITTAL FOR GLADSTONE AREA SIDEWALK AND TRAIL IMPROVEMENTS WHEREAS, the City Council of the City of Maplewood is the official governing body; and WHEREAS, the City of Maplewood is planning to construct a bituminous trail and concrete sidewalk system along Frost Avenue from East Shore Drive to White Bear Avenue; and WHEREAS, the project is consistent with the City of Maplewood's Comprehensive Sidewalk and Trail Master Plan and the Gladstone Alternative Urban Area -wide Review (AUAR); and WHEREAS, the proposed sidewalk and trail improvements provide connectivity within the Gladstone area to the existing Bruce Vento and Gateway Trails; and WHEREAS, the City of Maplewood accepts responsibility for an amount equal to or greater than 20 percent of the eligible project construction and right of gray cost, together with the cost for design, administration, right -of -way, and peripheral project costs; and WHEREAS, the City of Maplewood is committed to the operation and maintenance of local trails and sidewalks under the City's jurisdiction for the design life of these improvements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The Council adopts this Resolution in support of the request for Federal STP funds for the Gladstone Area Sidewalk and Trail Improvements. 2. That a copy of this Resolution be provided to the Metropolitan Council Transportation Advisory Board and Technical Advisory Commission as part of the Gladstone Area Sidewalk and Trail Improvements STP funding application. Approved this 8 th day of June 2009. Seconded by Councilmember Hjelle. The motion passed. June 8, 2009 City Council Meeting Minutes Ayes — Al I Packet Page Number 24 of 188 13 4. Resolution of Support for Maplewood Mall Transit Center Park & Ride Councilmember Juenemann moved to approve the Resolution of Support for Maplewood Mall Transit Center Park & Ride. RESOLUTION 09 -06 -196 RESOLUTION OF SUPPORT OF THE METRO TRANSIT APPLICATION FOR A CONGESTION MITIGATION AND AIR QUALITY GRANT FOR A PARK AND RIDE FACILITY AT THE MAPLEWOOD MALL TRANSIT CENTER PARK & RIDE WHEREAS, Metro Transit is applying for a Congestion Mitigation and Air Quality Grant for the expansion of the Maplewood Mall Transit Center Park & Ride facility; WHEREAS, this transit facility is located at the northeast corner of Southlawn Drive and Beam Avenue in the City of Maplewood; WHEREAS, the proposed expansion of this park and ride facility would benefit the residents of the City of Maplewood as well as those of neighboring communities with their transit needs by reducing congestion and providing needed park and ride opportunities; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council expresses their support of for the Metro Transit application for a Congestion Mitigation and Air Quality grant for the expansion of the Maplewood Mall Transit Center Park & Ride facility at the northeast corner of Southlawn Drive and Beam Avenue. The Maplewood City Council passed this resolution on June 8, 2009. ATTEST: Mayor Seconded by Councilmember Hjelle. The motion passed. City Clerk Ayes — All H. COUNCIL PRESENTATIONS (Moved to the end of the meeting) Reduction of Council Wages and Benefits — (Councilmember Hjelle removed H1. and requested that it be put on the agenda under New Business for June 22, 2009.) 2. Citizens Forum — Mayor Longrie discussed several items that were brought up at the Citizens Forum on June 6, 2009. Mayor Longrie said at the Citizens Forum several issues were brought up. The first was that a resident felt that any meeting that the city has such as task force meetings or sub committee meetings held at the city hall should be posted so if citizens wanted to know what was happening residents could find information out. Another resident felt it would be helpful to post things on the bulletin board in the front lobby when the various boards and commission would be meeting and when that would run on cable t.v. June 8, 2009 Packet Page Number 25 of 188 14 City Council Meeting Minutes A Maplewood resident felt that advertising city meetings on the dynamic display sign outside the Maplewood community center would be a good way to advertise and get the word out. Lastly someone suggested that the city put signage by the bike and walking trails so when you are on a trail and you cross a street you know where you are and what street you're crossing. 3. First Tier Committee Meeting - Mayor Longrie said June 11 -13, 2009, is the First Tier Committee Meeting in Mission, Kansas and she will be in attendance. 4. Ramsey County Ground Water Protection Plan public hearing — Mr. Antonen said the Ramsey County Ground Water Protection Plan is holding a public hearing on Wednesday June 17, 2009, at 5:00 at the Marsden Room at the Public Works Building at 1425 Paul Kirkwold Drive at Highway 96 in Arden Hills. N. AWARD OF BIOS None. O. VISITOR PRESENTATIONS — PART 11 fl one. P. ADJOURNMENT Mayor Longrie adjourned the meeting at n rl^ June 8, 2009 Packet Page Number 26 of 188 15 City Council Meeting Minutes Agenda Item J1 AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director SUBJ: NPDES Phase 11 Annual Report /Public Meeting — 7:00p.m. DATE: June 9, 2009 INTRODUCTION As part of Maplewood's National Pollutant Discharge Elimination System (NPDES) permit, the City is required to prepare an annual report detailing the progress made in the previous year toward satisfying the requirements of the permit. The City is also required to hold a public meeting on the annual report to solicit comments from the public and address all comments written and oral in the final report submitted to the MPCA. BACKGROUND A 1987 amendment to the federal Clean Water Act required implementation of a two- phase comprehensive national program to address pollution from storm-water runoff. This program was named the National Pollutant Discharge Elimination System (NPDES). Since 1991, NPDES Phase I regulated cities with populations of 100,000 or more. NPDES Phase 11 took effect in 2003, regulating cities with populations of 10,000 or more. Maplewood was among a group of approximately 220 cities in Minnesota affected by NPDES Phase 11. The State of Minnesota regulates the disposal of stormwater by a State Disposal System (SDS) permit. The Minnesota Pollution Control Agency (MPCA) administers both NPDES and SDS permits in Minnesota and issues combined NPDES/SDS-MS4 stormwater permits. In March 2008, the city submitted its permit application to the MPCA. The permit cycle runs five years. The permit application required the City to develop a Stormwater Pollution Prevention Plan (SWPPP). The MPCA has established six minimum control measures that the SWPPP must address. They are: • Public Education and Outreach • Public Participation and Involvement • Illicit Discharge and Detection and Elimination Construction Site Stormwater Runoff Control Post-Construction Stormwater Management • Pollution Prevention and Good Housekeeping Maplewood's SWPPP defines the Best Management Practices (BMPs) the City intends to use to minimize pollution from stormwater runoff for each of the six minimum control measures. The City's permit and SWPPP have been available for public viewing at the Engineering and Community Development counter and were also posted on the city's website. Packet Page Number 27 of 188 Articles posted on the website and published in the City newsletter encouraged residents to review the permit and SWPPP and submit any comments they may have. A dedicated phone line and email address was established to receive these comments. As of June 15, 2008, no comments regarding the SWPPP had been received. Staff has prepared a draft of the City's annual report and will make a short presentation on the City's SWPPP and the progress made toward the permit goals in the previous year. The floor should then be opened to the public for any comments they wish to make regarding the permit or draft annual report. All comments will be recorded and addressed in the final version of the annual report. When all public comments have been addressed and incorporated into the report, the report will be finalized. At that point, the report and executive summary will be submitted to MPCA. The deadline for the annual report is June 30, 2009. CHANGES TO FUTURE NPDES REPORTING REQUIREMENTS — NON DEGRADATION PLANS The City of Maplewood is one of thirty cities in the State that is required to submit a Non- Degradation Plan as part of the NPDES permitting process. The MPCA will be responsible for reviewing the Non-Degradation Plans and determining compliance. The selection criterion that was used to select these thirty city's was based on community size and growth experienced by the community. In selecting these thirty MS4 cities, MPCA is assuming that a cities discharge is significant and has the potential for increased loading of one or more pollutants. The Non-Degradation Plan will require cities to develop a plan to address new or expanded discharges (runoff) and bring these discharges back to 1988 levels. Where increases in runoff or pollutant loading has occurred due to new or expanded discharges from stormwater runoff, the plan must identify and include retrofit and mitigation options or BMPs that reduce these discharges back to 1988 levels. To meet this requirement, cities will have to perform loading assessments using water quality modeling for discharges and pollutants. When complete, the model will be used to determine where stormwater runoff has resulted in new or expanded discharges and then to determine what strategies can be used to bring these discharges back to 1988 levels. The primary goal of this stormwater permit is to restore and maintain the chemical, physical, and biological integrity of "Waters of the State" through management and treatment of urban stormwater runoff. To meet this goal, the City of Maplewood must develop, implement, and enforce a Stormwater Pollution Prevention Program designed to reduce the discharge of pollutants from the City. As in the previous MS4 permit, public education and outreach activities are key in obtaining compliance with the permit requirements. The City must implement a public education program to distribute educational materials to the community and conduct outreach activities in the community. These educational program activities will focus on impacts of stormwater discharges and what steps the residents and businesses can take to reduce pollutants in stormwater runoff. 2 Packet Page Number 28 of 188 The initial Non-Degradation application was submitted to the MPCA in June of 2007. Maplewood's Non-Degradation plan was put on Public Notice by the MPCA and no comments were received during the sixty-day comment period. In order for the City to achieve compliance with the MS4 permit/Non-Degradation requirements, the City will be required to spend substantial additional monies in the future. Additional monies will be required for infrastructure upgrades and these improvement requests will be presented to council pending the results of the findings from the report. Staff will also be updating the council on the progress with the requirements of the Non-Degradation Plan. Staff has included Best Management Practices (BMP) Summary Sheets that speak directly to these requirements listed above. The summary sheets describe the related BMP and also set measurable goals aimed at meeting these requirements. Timelines are also established to complete these goals. I V :101 Staff recommends that following the presentation on the City's SWPPP and NPDIES permit annual report and the update on the Non-Degradation Plan, the City Council open the floor for public comment. When all public comments have been addressed and incorporated into the report, the report will be finalized. At that point, the report and executive summary will be submitted to MPCA. The deadline for the annual report is June 30, 2009. Attachments: 1. BMP Summary Sheets 3 Packet Page Number 29 of 188 Attachment 1 of The City of Maplewood (City) is located east of St. Paul, in the cast-central portion of Ramsey County. Maplewood shares borders with St. Paul to the south, Roseville and Little Canada to the west, Vadnais Heights and White Bear Lake to the north and North St. Paul, Oakdale and Woodbury to the east. A small portion of Maplewood borders Washington County (at the City of Newport) to the south. The City covers approximately 11,500 acres (18 square miles) of land consisting of a mix of residential, light and heavy manufacturing, commercial, industrial, right- of-way, lakes/water, open space and park lands. This submittal includes the Notice of Intent (NOT) for coverage under the NPDES MS4 Phase 11 Permit, a summary of the receiving waters within the City and the existing storm water management program and a listing of the Best Management Practices (BMPs) incorporated into the Storm Water Pollution Prevention Program (SWPPP). BMP summary sheets for each of the six minimum control measures are included. Receiving Waters As stated in the City's Comprehensive Storm Water Management Plan (September 1990), almost all of the storm water runoff from the City is discharged through the City of St. Paul and eventually into the Mississippi River. One small area (approximately 200 acres) at the south end of Maplewood discharges to Newport and a second (approximately 100 acres) in the northeast portion of the City drains east to Oakdale or south into Silver Lake. Some of the storm water runoff is directed into adjacent MS4s before returning to Maplewood's drainage system. Maplewood contains several waters (lakes and streams) that receive storm water runoff. Of the 18 square miles within the City, approximately 10 square miles drain to Lake Phalen. Approximately 7 square miles drain to smaller drainage systems throughout the City and I square mile in the western portion of outlets discharge to Trout Brook. The list below identifies the waters in Maplewood where storm sewer system outfalls are or may be located. Known outfalls to these waters are identified in the Outfall Map. Beaver Lake Battle Creek Fish Creek Lake Gervais Phalen Lake Keller Lake Round Lake Kohlinan Lake Silver Lake Wakefield Lake City of Maplewood, MN Page 6 Packet Page Number 30 of 188 NPDES Phase 11 N01 and SWPPP Permit No. MN R 040400 Existing Storm Water Management Program Key City staff for SWPPP implementation activities report to the Director of Public Works, and are primarily part of the Engineering or Street Maintenance Departments. The City has more than 20 staff members that have responsibilities under the SWPPP. Our staff is currently involved in storm water-related activities ranging from development plan review and construction site inspections to street/storm water practice maintenance. The City currently follows a Comprehensive Storm Water Management Plan (1991) to address water resources related issues within the City. In addition, the City follows the requirements of the Ramsey-Washington Metro Watershed District Plan (May 2005) which has jurisdiction throughout most of Maplewood. The City has established a storm water utility fund to provide dedicated funding for implementation activities. BMPs for the Six Minimum Control Measures The table which follows outlines BMPs that form the City's SWPPP. la 1-01-R City Storm Water Education Program to Distribute Materials 2a-1, 2b-1, 1-02-R Annual Public/City Council Meeting 2c-I, le-1 1-03 City Newsletter and Website lb-1, lc-1, 1-04 Id-I 1-05 Partner with Local Watershed District Education Programs Information Kiosks 1-06 Maplewood Nature Center Education Program 1f- -1 1-07 Environmental Utility Fund (Storm Water Utility) 2a-1, 2b-1, 2c-1, le-I Ic-2 1-02-R I Annual Public/City Council Meeting 2-01-R Public Education and Outreach Program 2-02 City-wide Rainwater Garden Project 2-03 — bp�en race Committee Meetings Environmental Committee 2-04 Maplewood Nature Center Particioation Program lc -3, 3d -1 3-01-R Public Education & Outreach Program 3b-I 3-02-R Regulatory Program to Prohibit Non-Storm Water Discharges into the MS4 3a-I 3-03-R Storm System Outfall and BMP Map 3c-1, 3e-I 3-04-R Illicit Discharge and Detection Program 3-05 Phosphorus Fertilizer Ordinance 3b-1 3-06 Assist Ramsey County ISIS Program 3-07 Used oil/household hazardous waste/ pesticide program City of Maplewood, MN Page 7 Packet Page Number 31 of 188 NPDES Phase H NOI and SWPPP Permit No. MN R 040000 City of Maplewood, MN Page 8 Packet Page Number 32 of 188 NPDES Phase H NCI and SVV`PPP Permit No. MN R 040000 BMP Summary Sheet MS4 Name: City of Maplewood Permit Condition: 1V.D Section 303(d) listings Unique BMP Identification Number: 1V.D — I BNO Title: Impaired Waters Review Process BMP Description: The City will review discharges from our MS4 system to impaired waters, as defined by the current USEPA approved 303(d) list. In this review, the City will: • Identify the impaired waters that are likely to be impacted by the MS4's stormwater discharge. • Use a combination of storm sewer maps and field surveys to identify potential stormwater discharges to impaired waters • Delineate the watershed area(s) that contribute to the above discharge(s) Evaluate the hydrology, land use and other characteristics of the watershed area(s) that may impact the impaired water as a result of a stormwater discharge from our MS4 Based on the review process above, we will determine if any changes to the existing stormwater system or BMPs are needed to minimize the impact of discharges from our MS4 to the impaired water(s). If such modifications are deemed necessary, we will modify our SWPPP and submit those modifications to the MPCA with the current year's annual report. In our review, we will consider timing and long and short term costs. The basis for our decisions will be documented in our program records and will be kept along with other records associated with the MS4 permit. A narrative summary of this review will then be prepared, and identify any associated SWPPP revisions that were made. Measurable Goals: 1. Prepare an impaired waters list. The list will address impaired waters within our jurisdictional boundaries, as well as those outside our boundaries likely to have an impact as a result of receiving stormwater discharge from tn the City; information about the stormwater discharges each impaired water receives from the City as is available and a summary of information (studies, data, plans) that currently exist for each impaired water. 2. Update storm system map. BMP 3 a- I map will be updated to include impaired waters listed in goal 1. 3. Complete a written summary. Summary will include conclusions reached during our review, the decision making process used to determine what SWPPP revisions may be'needed, and a projected schedule and timeline to incorporate any necessary changes into the SWPPP, if needed. Timeline/Implementation Schedule: 1. Annually 2. Annually 3. Annually Specific Components and Notes: This process is to be reassessed annually over the course of the permit cycle. As new 303(d) lists with additional impaired waters listed are published in the future, the City will review changes to the list and conduct the necessary review of additional listed waters likely to be impacted by the M84's stormwater discharges. When an approved TMDL is finalized, the City intends to comply with the resulting permit requirements. Responsible Party for this BAR: Name: Deputy Director of Public Works Department: Public Works Phone: 651.249.2330 E-mail: DuWayne.Konewko@ci.maplewood.mn.us City of Maplewood, MN Page 52 Packet Page Number 33 of 188 NPDES Phase 11 NOI and SWPPP Permit No. MN R 040000 Additional BMP Summary Sheet MS4 Name: City of Maplewood, Minnesota Minimum Control Measure: NA Unique BMP Identification Number: X-1 *BMP Title: Nondegradation for Selected MS4s *BMP Description: The City will prepare a Loading Assessment and Nondegradation Report as per Part X, Appendix D, Sections B & C of the MS4 General Permit. The City will follow the public participation process as per Part X, Appendix D, Section D of the MS4 General Permit. After consideration of the input received during the public participation process, the City will prepare and submit the materials required in Part X. Appendix D. Section E of the MS4 General Permit. During the MPCA review, notice, and preliminary determination processes, the City will work with the MPCA, if appropriate, to respond to comments and/or revise the submittal materials to prepare them for final approval. After final determination by the MPCA, the City will modify the SWPPP as per the approved submittal materials and as needed to meet the nondegradation requirements. *Measurable Goals: 1. The City will prepare and submit materials to meet the requirements listed above. 2. The City will respond to and coordinate with the MPCA, as appropriate, during the MPCA review, notice, and preliminary determination processes. 3. Modify the SWPPP as per the approved modifications and as needed to meet the nondegradation requirements. *Timetine/Implementation Schedule: 1. The City will prepare and submit the required materials listed above by December 1, 2009. 2. The City will respond to and coordinate with the MPCA, as appropriate, during the MPCA review, notice, and preliminary determination processes. 3. After the submittal materials are approved by the MPCA, the City will modify the SWPPP, as per the approved modifications and as needed to meet the nondegradation requirements, in a timely manner, Specific Components and Notes: *Responsible Party for this BMP: Name: Deputy Director of Public Works Department: Public Works Phone: 651.249.2330 E-mail: duwUne.konewko@ci..i City of Maplewood, MN Page 51 Packet Page Number 34 of 188 NPDES Phase 11 NOI and SWPPP Permit No. MN R 040000 Agenda Item K1 AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Director of Community Development & Parks Michael Thompson, City Engineer SUBJECT: County Road D Street Improvements (McKnight to Lydia), Project 08 -20, Resolution Awarding Bid Alternate 1 for the Lake Links Trail Improvements DATE: June 15, 2009 INTRODUCTION On May 11, 2009, the Council received a feasibility report for the Lake Links Trail Improvements, City Project 08 -16, and authorized the preparation of plans and specifications for the improvements. In addition, the Council authorized staff to include the Lake Links Trail Improvements with the County Road D Street Improvements (City Project 08 -20) for bidding as a bid alternate to determine actual costs for the construction of the improvements. Based on the bid alternate pricing that was received, staff is requesting that the Council consider awarding the bid alternate for the Lake Links Trail Improvements. The Council also requested that staff investigate on -road design options for this segment of the Lake Links Trail. This investigation has been completed, and the results of the investigation are provided in the attached memorandum. BACKGROUND The Lake Links Trail is an important east -west regional trail corridor that extends across the northern portion of Maplewood in the area between 1 -694 and Beam Avenue. The Lake Links Trail Network Master Plan prepared for Washington County Parks and Ramsey County Parks dated January 1, 2001 details the history and goals for this comprehensive trail system. The Lake Links Trail was also identified as a priority trail corridor in the Sidewalk and Trail System Plan prepared as a part of Maplewood's 2008 Comprehensive Plan update. Since 2001, many portions of the Lake Links Trail have already been constructed within the City. The feasibility report accepted by the Council on May 11 identified three off -road design options for the segment of the Lake Links Trail between McKnight Road and Bellaire Avenue. The feasibility report recommended that an alignment along McKnight Road and Lydia Avenue be considered as the most feasible alignment. As directed by the Council at the May 11 meeting, plans and specifications were completed for the Lake Links Trail using the McKnight Road and Lydia Avenue alignment, and the plans were included as a bid alternate with the County Road D Street Improvements (City Project 08 -20). Bids were opened Packet Page Number 35 of 188 Agenda Item K1 on June 5 and the total bid alternate price for the low bidder, T.A. Schifsky and Sons, was $128,534.21. The engineer's estimate for these improvements was $214,000, reflecting very competitive bid pricing. Also, as directed by the Council at the May 11 meeting, on -road design options for this segment of the Lake Links Trail have been investigated. The attached memorandum details the results of this investigation. Additional public involvement has been conducted since the Council meeting on May 11 A neighborhood meeting and field walk was conducted on June 9 1h along McKnight Road and Lydia Avenue. A summary of the key issues discussed at the meeting and an attendance list for the meeting are included as a supplement. DISCUSSION After receiving bids for the off -road option, reviewing the on -road design options, and considering input from the area residents at the June 9 th meeting, staff is recommending that the Council consider awarding the bid alternate for the off -road design for the Lake Links Trail Improvements. If Council elects to award the bid alternate, staff will continue to work with the area residents to address any remaining concerns. The off -road design option is recommended for the following reasons: • It is the least cost option, considering the need to replace the lost on- street parking along Lydia Avenue and the recommendation to include a sidewalk for pedestrians along McKnight Road. • It does not impact existing on- street parking along Lydia Avenue. • It provides the safest location for bicyclists and pedestrians. • It is supported by Ramsey County who has jurisdiction over both McKnight Road and Lydia Avenue. • It is the option that is the most consistent with the other segments of the Lake Links Trail within Maplewood. All other segments are off -road facilities. The total budget for the improvements, based on the actual bid alternate price, is $128,534.21. The improvements will be financed with State Aid funds if the Council elects to proceed. RECOMMENDATION It is recommended that the Council approve the attached resolution awarding the Lake Links Trail Bid Alternate 1 for the County Road D Street Improvements (City Project 08 -20) to T.A. Schifsky and Sons in the total amount of $128,534.21. Attachments: 1. Resolution 2. Lake Links Trail Improvements Memorandum, June 12, 2009 (Kimley -Horn) 3. Sign -In Sheet 4. Trail Options (Color copies will be provided to the council.) Packet Page Number 36 of 188 Agenda Item K1 Attachment 1 RESOLUTION COUNTY ROAD D STREET IMPROVEMENTS (McKNIGHT TO LYDIA), PROJECT 08 -20 AWARD BID ALTERNATE 1 FOR THE LAKE LINKS TRAIL IMPROVEMENTS WHEREAS, bid alternate pricing for the Lake Links Trail Improvements, City Project 08- 16, was received as a part of the County Road D Street Improvements, City Project 08 -20, and WHEREAS, the bid alternate pricing was reflective of a very competitive bidding environment, and WHEREAS, based on a review of various design options, and input from the area residents, staff is recommending that the Council award the bid alternate and include the construction of the Lake Links Trail Improvements as a part of the County Road D Street Improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That Bid Alternate 1 for the Lake Links Trail Improvements be included as a part of the County Road D Street Improvements, and be awarded to T.A. Schifsky and Sons in the total amount of $128,534.21. Approved this 22 day of June 2009 Packet Page Number 37 of 188 Agenda Item K1 Attachment 2 Fr MM im{y -Horn ho, MMU and Associates: Inc; 0 71 41�j Packet Page Number 38 of 188 Agenda Item K1 Attachment 2 Jw Hie { It\ C Ot TICI aL thorized the preparation of final construction plans for thii dcsign apt €vn at lts ple t �� � C _ ° `�, It lc �€ ttrr I t r� tip tttt l i l l tl� I€ } an d t be conk ;saVItI „9 Opportunit les of bel nh ( i ed to a, IGirQ0T 11r0iCCt, ITIC f Ina I JIIJll ft+r the'se nnpro�enients were issued as a bid alternate to the Count, R oad D Pto ect t C V 0S- 20'!, Bids for the Ilt"'llect �4 ere ope ed 1313 J unc 5 . 2009. and ih?z rc.s lfing lovv bid rice '� the co[istruc bolt of th option %, as ap roxiUMtC 1, S l;_10,000- OPTION 2: WKNIGHT ROAD OFF-ROADI LYDIA AVENt E ON-ROAD ' F his o lion �"onsit�crs an off-road trail alon� ' cKniolit Road and on-road €kewaN :alone Lvdia Al CnLl , The trail design alone .%I Kn ;aftt Road %kould tie ti om ;l_,tent v,itli that i dentified f'Or Option 1. On - road bale vWV INOUld be pro id d aloin N (fi'a .N C € Uc b rest Ti Iva 011 mail „a� €�t Ali €nittatc parking al,r:I {a the north �l c. The colsting 5 %,Jdc Concrete side „al ; would remain along both sides of Z ydia Avcnu for pcdcstrian Ira ff i c,. Packet Page Number 39 of 188 MO� 4 OPTION3- ON-RO�%DRJkENV-k1 l"t cstiniatcd coristr"tion costs 'or 0 option are a., follows it Rwd Sidextialk ,enue On BikcvaN \IodificatiorL� S 7() S 25,(,K0 — S i 1'0,000 fowl E tiniated Contruction Cost s 2 1 A tic I I—Thhorhood viectiriL and Field iNitlk wa-, conducied twh aTea rcsrdents on dun c t;, 21)09 to di,,cuss the proicet in zTccter dctaIl and re% icn% (tic 6--sign olmions kn artend,lnce 1 Thc t niary of ��orc in of dic kc !"Nt fair Itiectirt.-T I's attadied. IAIAJ�� 111U Is a NIA in ISSUCS concerns raj,t,ed at d mectingi Vellickikir PeQdj alolic %ICK[ucyh Road - Residews avert* k:nnc;:t ricu dtiou the - 'ehici-dar ;tpccd Road. I hC M Of t#tit f.Irircnl fleir % 1w 1p lo rcducc �pced prornotc salcl% all'IFIC !hv corridk)r Tr"Iil scrcerii ne and lIn Ztc N zilone %1k:K Tl? c'm R ixji.1 - R c dent ry ��oi i i: cr t I Ia t t tic T Iff'- O'Jd Oct i It �%k, ?k! I W Si ducc thciT htifforui -- :Aii Ro3at1 1 11c" PP011 11, C J 11i., Agenda Item K1 Attachment 2 Packet Page Number 40 of 188 Agenda Item K1 Attachment 2 f Packet Page Number 41 of 188 Agenda Item Kl Attachment 3 0 �J �+ � per., vcri7' W � � ..-� �' 0 IJ) Z O-Z con 1, '3 rk 0 S Packet Page Number 42 of 188 Agenda Item K1 p : THRU LANE TURN LANE : �. *: :. • Agenda Item K2 AGENDA REPORT TO: City Manager, Jim Antonen FROM: H. Alan Kantrud, City Attorney SUBJECT: Consider Resolution Approving Extension To Open Space Purchase Option Within Carver Crossing Development Contract DATE: June 17, 2009 INTRODUCTION The City Attorney will be meeting with the City Council in closed session earlier in the evening to discuss negotiations of extension options on the Carver Crossing Development Agreement. The City Attorney anticipates that a resolution may be necessary to approve the City's purchase option timeline within the Development Contract. Documents will be available at the meeting if this item is considered by the City Attorney. RECOMMENDATION It is recommended that the City Council adopt a resolution as recommended by the City Attorney for an extension to the open space purchase option within the Carver Crossing Development Contract. Packet Page Number 46 of 188 Agenda Item K3 AGENDA REPORT TO: City Manager, Jim Antonen FROM: Charles Ahl, Assistant City Manager /Public Works Director SUBJECT: Energy Efficiency and Conservation Block Grant Program a. Consider Selection of Projects b. Consider Resolution Authorizing Submittal of Grant for Use of 2009 ARRA Funds DATE: June 17, 2009 INTRODUCTIONISUMMARY The US Department of Energy has notified Maplewood that we are now eligible to receive a direct formula grant as part of the Energy Efficiency and Conservation Block Grant (EECBG) Program. This grant is part of the President's American Recovery and Reinvestment Act of 2009 (ARRA). The Recovery Act was created to save jobs, and begin addressing the nation's energy and environmental challenges. THE DOE indicate that grants should be used to invest in the cheapest, cleanest and most reliable energy technologies, which can be deployed as quickly as possible, to create jobs within our current economy. The Maplewood grant amount is $163,900. On May 28 the City Council preliminarily discussed possible projects and gave staff direction on preparing the grant proposal. It is appropriate for the Council to select final projects and authorize the grant submittal. GRANT USES The Council reviewed a list of possible uses recommended by the staff for further research. That list has been revised based upon review with personnel from the Department of Energy, as grant requirements are formalized, certain proposals are not eligible and have been eliminated, while additional requests have been updated as follows: Potential Project Recommended on May 28 Project Cost 1. Replacement of two boilers at City Hall $70,900 i. These boilers are 25 -years old and have exceeded useful life. ii. Energy savings from reduced fuel and power use will be significant. iii. Will replace future tax levy required expenditure. 2. City Hall — HVAC efficiency upgrades $ 7,100 i. Improved controls and energy savings 3. MCC — Pool Lighting upgrades - $49,000 $ 0 i. Requirements disallow all pool uses 4. GEM cars for trail patrol - $18,000 $ 0 i. Requirements disallow this use 5. Enhanced Building Code Enforcement - $5,000 $ 0 i. Suggested add to administrative costs 6. Study on Wind Turbine Locations 1 Options - $4,400 $ 0 i. Suggested add to administrative costs Cum. Dollar $ 70,900 $ 78,000 $ 78,000 $ 78,000 $ 78,000 $ 78,000 As noted, $67,000 worth of projects are specifically not allowed by the grant requirements. Staff is currently developing final numbers on power usage saved and other grant information for the submittal of the final grant document, which is due on June 25, 2009. A detailed listing of the grant worksheets will be available at the meeting for Council review. Packet Page Number 47 of 188 Agenda Item K3 EECBG PROGRAM PAGE TWO Other Projects from May 28 Project Cost Cum. Dollar 1. MCC — Lower Track Lighting $45,000 $ 45,000 a. Improved energy usage 2. Gym Lighting $31,000 $ 76,000 a. Improved energy usage 3. New ball field Lights at Goodrich Park $60,000 $136,000 a. Old lights; some energy savings 4. Wind Turbine Installations $60,000 $196,000 a. This cost would provide a small local turbine New Projects since May 28 Proiect Cost Cum. Dollar 1. Administrative Costs $35,000 $ 35,000 a. Up to 10% administration of grant amount allowed b. Provides for development of city -wide energy strategy c. Provides for staff training on energy saving items d. Explores solar and wind strategy and options 2. Public Facilities Energy Audit $10,000 $ 45,000 e. Improved energy usage 3. Maplewood Mall Lights in Parking Lot $21,000 $ 66,000 f. Old lights; some energy savings The grant requirements are for encumbrance of funding for the various projects within 18 months of the grant submittal and completion of the work within 36 months. All of the projects can meet that deadline, with the first two projects at City Hall ready within 2 -4 months. The information provided by DOE personnel is that the request for funds will be reviewed to determine if the requested items meet the criteria of the grant. If so, then the use and administration of the grant will remain with the City. Final Project Funding Levels 1. Replacement of two boilers at City Hall 2. City Hall — HVAC efficiency upgrades 3. Administrative Costs 4. Public Facilities Audit 5. Maplewood Mall Parking Lot Lighting Contribution 6. Contribution to Goodrich Lights 7. Contribution to MCC — Lower Track Lighting Project Cost $70,900 $ 7,100 $35,000 $10,000 $10,000 $10,000 $20,900 [9_u T B $ 70,900 $ 78,000 $113,000 $123,000 $133,000 $143,000 $163,900 A motion approving the selection of these projects is required. In addition, a resolution authorizing the projects and a grant administrator is necessary for the submittal. These are recommended at this time. Packet Page Number 48 of 188 Agenda Item K3 EECBG PROGRAM PAGE THREE RECOMMENDATION It is recommended that the City Council adopt a motion approving the submittal of grant information for projects totaling $163,900 by adopting the attached resolution for seven projects for submittal. Attachments: 1. Resolution 2. Maplewood Mall request letter Packet Page Number 49 of 188 Agenda Item K3 Attachment RESOLUTION APPROVING ENERGY EFFICIENCY & CONSERVATION BLOCK GRANT (EECBG) PROGRAM APPLICATION WHEREAS, the City of Maplewood is a Municipal Corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the American Recovery and Reinvestment Act (ARRA) of 2009, Public Law 111 -5, appropriated funding for the Department of Energy (DOE) to issue /award formula based grants to states, U.S. territories, units of local government, and Indian tribes under the Energy Efficiency and Conservation Block Grant (EECBG) Program; and WHEREAS, the City of Maplewood has been allocated $163,900 of Energy Efficiency and Block Grant money for investment in energy efficiency improvements, fossil -fuel emission reductions, economic benefits and energy use reductions; and WHEREAS, the City of Maplewood will be applying for the EECBG funds to be used for the following projects: 1) Replacement of Boilers at City Hall 2) HVAC controls efficiency at City Hall 3) Administrative Costs 4) Public Facilities Audit 5) Maplewood Mall Parking Lot Lights Retrofit Grant 6) Goodrich Park Lighting Upgrade 7) Lower Track Lighting Upgrade at MCC Packet Page Number 50 of 188 Agenda Item K3 Attachment NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood hereby: 1) designate Chuck Ahl, Assistant City Manager, as the proper authority to apply for and receive EECBG funding; and 2) assure that all laborers and mechanics on projects funded by the ARRA are paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by subchapter IV of Chapter 31 of title 40, United States Code (Davis -Bacon Act). Passed and adopted this 22nd day of June 2009. Mayor Attest: City Clerk Packet Page Number 51 of 188 Agenda Item K3 MAPLEWOOD MALL Simon" Mall Assistant City Manager Mr. Chuck Ahl City of Maplewood 1830 County Road B Maplewood, MN 55109 June 12, 2009 Dear Mr. Ahl On behalf of Maplewood Mall, we are grateful for the opportunity to have met with you. We appreciate your willingness to listen to the needs of Maplewood Mall as we continue through this economic hardship. We look forward to the continuation of researching the extensive opportunities with the assembled "Green Team" as the mall values the city's partnership in maintaining and enhancing the integrity and legacy of the property. Over the last several months, Maplewood Mall as well as many other super regional shopping destinations has been impacted by several national retailer bankruptcies and closings, significant pressure to retain tenants through reduced operating expenses and severe reduced capital capacity. As discussed at our meeting, Simon is continually looking for ways to positively impact the environment while looking to decrease the property's operating expense (this in turn reduces the tenant's expenses). In the last two years, the mall has completed lamp/ballast retrofitting in the Common Area of the center, added more than 100 sensor switches to store rooms and back of house hallways, replaced several motors in our cooling tower system and replaced sections of the roof. We propose the following project to be funded by the available Energy Block Grants through the City of Maplewood: 1. Retrofit all exterior lamps on the parking lot poles. We request the city to finance the Lamp Replacement of the mall's exterior parking lot lights. There are 16 poles totaling 107 fixtures that house a 1000 watt light per fixture. We propose to use a 775 Watt lamp (new ballast and Pulse Rated Socket for each lamp is needed as well). The estimated cost of the project is $20,986.98. This is material only as our staff has the capability to perform the labor. The estimated Kwh savings is 135,802 annually. This energy reduction equates to powering 12 homes for one year! We would like to thank you again for your support. We welcome the opportunity to discuss this request in greater detail and look forward to the City's response. Sincerely, UiL,r%e VGiw Di2l2w Laurie Van Dalen General Manager 3001 White Bear Avenue, Suite 1072, St.Paul, MN 55109 651.770.3863 1 fax 651.770.7542 ( www.simon.com Attachment Packet Page Number 52 of 188 Agenda Item K4 AGENDA REPORT TO: City Manager, Jim Antonen FROM: Charles Ahl, Assistant City Manager /Public Works Director H. Alan Kantrud, City Attorney SUBJECT: Economic Development Authority a) Consider Resolution Adopting an Ordinance Establishing the Maplewood Area Development Authority b) Consider Resolution Adopting Bylaws of Maplewood Economic Development Authority c) Consider Resolution Directing Consideration of Business and Economic Development Advisory Commission (BEDC) d) Consider Resolution Accepting Purchase Agreement from Roadmaster of Minnesota LLC for Parcel on Van Dyke Street North at Castle Avenue DATE: June 17, 2009 INTRODUCTION The City of Maplewood has maintained a minimal involvement in economic development activities on a formal basis during its development. On May 28 the City Council indicated to staff that they wished to consider the creation of an economic development authority to assist with development and redevelopment parcels and initiatives. There are four action items for the Council to consider as noted within the title of this report. DISCUSSION The attached memoranda from Mr. Kantrud explain the necessary steps and issues for the City Council to proceed. The steps are as follows: 1. Adopt the attached resolution forming the Economic Development Authority. This indicates the Council's intent and calls a Public Hearing for July 13 to formally consider the EDA. 2. Adopt the attached resolution approving the preliminary by -laws for the operations and activities of the EDA that will be considered on July 13 3. Adopt the resolution directing the staff to provide information on July 13 regarding the advisory commission to the EDA. This will include a consideration of merging the existing members of the HRA into the BEDC, or supplementing a new commission with new business members. A fourth resolution is attached for the consideration of the City Council. We have received a purchase agreement from Roadmaster of Minnesota LLC who is looking to assemble parcels on the north end of Van Dyke Street near Castle Avenue for the purpose of developing the site. This vacant parcel has been appraised at $420,000, while the purchase agreement is for the sum of $450,000. The Council should receive the Purchase Agreement [not accept it] for the purpose of analysis by the City staff and Attorney as to whether the process for dissemination of public property has been appropriately followed. A report on this parcel agreement will be included with the July 13 public hearing such that the funds may be provided to the new EDA as funds for operations. Packet Page Number 53 of 188 Agenda Item K4 ••U ! 'Ielmsyle RECOMMENDATION It is recommended that the City Council provide individual motions to adopt the attached four resolutions for the creation of an Economic Development Authority and calling of a public hearing for July 13 at 7:00 pm on the EDA creation along with receiving a purchase agreement. Attachments: 1. Resolutions (4) 2. Memo from Alan Kantrud on EDA resolution and bylaw 3. Memo from Alan Kantrud on BEDC discussion 4. Purchase Agreement from Roadmaster of Minnesota LLC Packet Page Number 54 of 188 Agenda Item K4 Attachment RESOLUTION ADOPTING AN ORDINANCE ESTABLISHING THE MAPLEWOOD AREA DEVELOPMENT AUTHORITY WHEREAS, the City of Maplewood is a Municipal Corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council has indicated an interest to create an Economic Development Authority per statute MS 469.093(1); and WHEREAS, the City of Maplewood has received a report from the City Attorney regarding an ordinance that would establish the Maplewood Area Development Authority; and WHEREAS, the City Council desires to receive public testimony on the creation of said authority. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood hereby: 1) Adopts the ordinance for the creation of the Maplewood EDA and directs staff to begin procedures for implementing said ordinance into the administrative portion of the City Code. Said ordinance shall not become effective until City Council affirmative action following the necessary public hearing. 2) Calls a public hearing on said ordinance and EDA creation for the 13 day of July of 2009 in the City Council chambers at 7:00 pm CDT. Passed and adopted this 22nd day of June 2009. Packet Page Number 55 of 188 Agenda Item K4 Attachment RESOLUTION ADOPTING BYLAWS OF THE MAPLEWOOD ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, the City of Maplewood is a Municipal Corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council has indicated an interest to create an Economic Development Authority (EDA) per statute MS 469.093(1); and WHEREAS, the City of Maplewood has received a report from the City Attorney regarding an ordinance that would establish the Maplewood Area Development Authority; and WHEREAS, the City Attorney has presented proposed By -Laws for the operation of said EDA and the Council has reviewed and revised said By -Laws. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood hereby: 1) Adopt in a preliminary fashion, subject to review and subsequent additional approval, said By -Laws of the Maplewood Economic Development Authority. Passed and adopted this 22nd day of June 2009. Packet Page Number 56 of 188 Agenda Item K4 Attachment RESOLUTION DIRECTING CONSIDERATION OF BUSINESS AND ECONOMIC DEVELOPMENT ADVISORY COMMISSION WHEREAS, the City of Maplewood is a Municipal Corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council has indicated an interest to create an Economic Development Authority per statute MS 469.093(1); and WHEREAS, the City of Maplewood is considering the need for an advisory board of housing and business interests to provide guidance and recommendations to the Economic Development Authority; and WHEREAS, the City Council desires to receive public testimony on the creation of said authority. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood hereby: 1) Directs the city staff to prepare options for the creation of a Business and Economic Development Advisory Commission (BEDC) that should include consideration for the inclusion of the existing members of the City's current Housing and Redevelopment Authority. Passed and adopted this 22nd day of June 2009. Packet Page Number 57 of 188 Agenda Item K4 Attachment RESOLUTION ACCEPTING PURCHASE AGREEMENT FROM ROADMASTER OF MINNESOTA LLC FOR PARCEL ON VAN DYKE STREET NORTH AT CASTLE AVENUE WHEREAS, the City of Maplewood is a Municipal Corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council has indicated an interest to create an Economic Development Authority per statute MS 469.093(1); and WHEREAS, the City of Maplewood has received a proposed purchase agreement for a vacant parcel of land owned by the City of Maplewood; and WHEREAS, said parcel has been appraised by an independent appraiser in the amount of $420,000; and WHEREAS, said purchase agreement is for the amount of $450,000; and WHEREAS, the City Council may act as an EDA or as the City Council in consideration of accepting said purchase agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood hereby: 1) Receives said purchase agreement on behalf of the City of Maplewood, such action shall not be construed as effectively having accepted said agreement as outlined within the provisions of the agreement. 2) Refers said agreement to City staff and City Attorney for a report on the impacts and legal ramifications of accepting said agreement for the 13 day of July of 2009. Passed and adopted this 22nd day of June 2009. Packet Page Number 58 of 188 Agenda Item K4 Attachment DATE: June 16, 2009 TO: City Council FROM: H. Alan Kantrud, City Attorney SUBJECT: Maplewood EDA resolution and bylaws INTRODUCTION Approximately a month ago you held a workshop whereat the merits of the formation of an Economic Development Authority or, `EDA," would be. Staff has brought this subject back again for formal council action. DISCUSSION Enclosed herewith please find an enabling ordinance for the City as well as proposed bylaws. The examples prepared for your consideration at the workshop have remained largely the same and since FDA's are created by statute, their powers and duties are really already defined pretty thoroughly. The proposed EDA would have you acting as the Commissioners with City manager Antonen acting as the Director. The EDA would have the full support of staff and the technical assistance of myself and the other departments of the City such as planning and finance. To ensure that everyone has the same information to go by, I have attached the State Statute that governs these EDA's so you can see what your roles would be. Many, many resources exist to assist FDA's and staff is confident that Maplewood is in a good position to make such an authority an asset to its development goals. RECOMMENDATION Adopt the attached resolution forming the Maplewood EDA and direct staff to integrate it into the administrative portion of the City Code. Also approve the preliminary by -laws to act from/by. Under state law, we are required to hold a public hearing on the formation of this body (MS § 469.093(1)). We have publication requirements that staff will satisfy, but at this time we are seeking approval of the pro -forma so the public hearing will provide all parties a chance to see the final version of Maplewood's EDA. Please recommend any changes at this time that you would like to see integrated into the document(s). Further, staff recommends that Council call a public hearing at the next regularly scheduled meeting of the Council to satisfy the statutory requirements of formation. Packet Page Number 59 of 188 Agenda Item K4 Attachment ORDINANCE NO: AN ORDINANCE ESTABLISHING THE MAPLEWOOD AREA DEVELOPMENT AUTHORITY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS: SECTION 1. Section 315.01. Definitions Subdivision 1. Common terms As used in this Ordinance, the terms defined have the meanings given them. Subd 2. "Authority" - an Economic Development Authority as defined by Minnesota Statutes 469.090 through 469.1082 Subd. 3. "City" - the City of Maplewood, Minnesota. Subd. 4. "Council" - the duly elected governing body of the City of Maplewood, Minnesota. Subd. 5. "The Act" - Minnesota Statues 469.090 through -46442-3469.1082 . Subd. 6. "Enabling Resolution" - this Ordinance. SECTION 2. Section 315.03. Establishment An Economic Development Authority is established which shall have all of the powers, duties and responsibilities of an Economic Development Authority pursuant to Minnesota Statues 469.090 through 4694-23 469.1082 It shall be the role and responsibility of the Authority to carry out economic and industrial development and redevelopment within the Maplewood area pursuant to Bylaws as may be adopted by the Authority. It shall confer with other City departments, and other public and private groups on matters relating to business and industrial development and periodically survey the area's industrial and commercial climate and report regularly to the Council. SECTION 3. Section 315.05. Name The Economic Development Authority created by the Enabling Resolution shall be known as the Maplewood Area Development Authority. SECTION 4. Section 315.07. Members The Authority shall consist of the Mayor QC-- - fa.Aer the rest of the City Council. The City Manager shall act as Packet Page Number 60 of 188 Agenda Item K4 Attachment Director and ex officio member. The five other Members are appointed by the Council. Members may be reimbursed for expenses pursuant to City reimbursement policies. SECTION 5. Section 315.09. Administration Subdivision 1. Bylaws The Authority shall adopt Bylaws and rules of procedure for administration of its affairs. Subd. 2. Officers The Authority shall elect a President, a Vice President, a Secretary and an Assistant Treasurer on an annual basis. The City (4 T feastwe Manager or designee shall serve as the Treasurer. Subd. 3. Professional service contracts The Authority may employ technical experts and professionals as deemed necessary. Their salaries and duties shall conform to City policy. Subd. 4. Duties and powers The Officers shall have the duties and powers of their offices and other powers and duties as may be delegated by the Authority, the Bylaws, and the Act. Subd. 5. Meetings The Authority shall meet quarterly and at such other times as necessary. T-4 A „ +b„ o ,-; hx11 meet y with the P ar r is allE R ti Boaf n+ least "<sr e4y SECTION 6. Section 315.11. Modification All modifications to the Enabling Resolution must be by Ordinance and must be adopted after notice and Public Hearing conducted as required for the original adoption of the Enabling Resolution. SECTION 7. Section 315.13. Report to Council The Authority shall submit a written report of its activities and recommendations for modification of the Enabling Resolution to the Council at least annually. SECTION 8. Section 315.15. Director The City's Community Development Director shall attend all meetings of the Authority, shall serve as a consultant and advisor to the Authority and shall make quarterly reports to the Council. SECTION 9. Section 315.17. Conflicts of Interest Except as authorized by Minnesota Statute 471.88, a Member, Officer or employee of the Authority may not have a substantial conflict of interest, in projects undertaken by the Authority. SECTION 14. Section 315.19. Bum Subdivision 1. Fiscal budget The Authority shall prepare and submit to the Council a detailed budget. A special fund Packet Page Number 61 of 188 Agenda Item K4 Attachment shall be established and designated as the "Development Authority Fund." The Council shall appropriate to the fund money it deems necessary for Authority purposes. This shall constitute the budget of the Authority. All payments drawn on the account of the Authority shall be by written statement signed by two officers of the Authority, directing the City Gl -k T- Feast r°,- Manager to prepare and deliver payment. All expenditures shall be consistent with the operation of the Authority pursuant to this Ordinance and Minnesota Statutes. Packet Page Number 62 of 188 Agenda Item K4 Attachment Subd. 2. Audit All financial records of the Authority shall be prepared, audited and filed with the Council, said records being coordinated by the City Finance Department at the direction of the City Manager. SECTION 11. Section 315.21. Schedule of powers Subdivision. 1. Development districts The Authority may create and define the boundaries of economic development districts and use the powers granted to carry out economic development in these districts. Subd. 2. Acquire property The Authority may acquire, by lease, purchase, devise or through condemnation proceedings, title in property to create economic development in these districts. Property acquired, leased, owned, controlled, used or occupied by the Authority for any of the purposes of Section 469.101 of Minnesota Statutes is for public governmental and municipal purposes and is exempt from taxation by the state or its political subdivisions. The exemption from property taxes only applies while the Authority holds the property for its own purpose. Subd. 3. Options The Authority may negotiate and acquire options to purchase, sell or lease property for the purpose of economic development. Subd. 4. Contracts The Authority may make contracts for the purpose of economic development. Subd. 5. Limited partnerships The Authority may become a limited partner in a partnership. Subd. 6. Rights and easements The Authority may acquire rights or easements for a term of years or perpetually. Subd. 7. Receive public property The Authority may accept land, money or other assistance, whether by gift, grant, loan or otherwise in any form from federal, state, local government, any agency of either or a local division of state government. Subd. 8. Public facilities The Authority may operate, maintain a public parking facility, housing facility or other public facilities to promote economic development in the area. Packet Page Number 63 of 188 Agenda Item K4 Attachment Subd. 9. Other powers The Authority shall have such other powers as authorized and described in the Act. SECTION 12. Section 315.23. General obligation and revenue bonds The Authority may issue general obligation bonds or revenue bonds after receiving the approval and authorization by four - fifths vote of the Council and in accordance with the provisions of the Act. SECTION 13. This Ordinance shall take effect and be in force upon passage and publication. Adopted by the City Council this 44W Packet Page Number 64 of 188 Agenda Item K4 Attachment BYLAWS OF MAPLEWOOD ECONOMIC DEVELOPMENT AUTHORITY ARTICLE I — THE AUTHORITY Section 1. Name of Authority The name of the Authority shall be the "Maplewood Economic Development Authority" (which may sometimes be referred to as the "EDA" or the "Authority "), and its governing body shall be called the Board of Commissioners (Board). The Board shall be the body responsible for the general governance of the Authority and shall conduct its official business at meetings thereof. Section 2. Seal of Authority. The Authority shall have an official seal, as required by Minnesota Statutes, Section 469.096, Subdivision 1. Section 3. Offices of Authority. The offices of the Authority shall be the Maplewood City Hall. ARTICLE II — OFFICERS Section 1. Officers The officers of the Authority shall be a President, a Vice - President, a Treasurer, an Assistant Treasurer, and a Secretary. Section 2. President. The President shall preside at all meetings of the Board. Except as otherwise authorized by resolution of the Board, the President and the Secretary (the Vice - President, in the Secretary's absence or incapacity) shall sign all contracts, deeds, and other instruments made or executed by the Authority. At each meeting the President shall submit such recommendations and information as he or she may consider proper concerning the business, affairs, and policies of the Authority, then the President and Treasurer shall sign all checks. Section 3. Vice - President. The Vice - President shall perform the duties of the President in the absence or incapacity of the President; and in case of the resignation or death of the President, the Vice - President shall perform such duties as are imposed on the President until such time as the Board shall select a new President. Section 4. Secretary. The Secretary shall keep minutes of all meetings of the Board and shall maintain all records of the Authority. The Secretary shall also have such additional duties and responsibilities as the Board may from time to time and by resolution prescribe. Section 5. Treasurer. The Treasurer shall have the care and custody of all funds of the Authority and shall deposit the same in the name of the Authority in such bank or banks as the Board may select. The Treasurer (along with the President) shall sign all orders and checks for the payment of money and shall pay out and disburse such moneys under the direction of the Board. The Treasurer shall keep regular books of accounts showing receipts and expenditures and shall render to the Board, at least annually (or more often when requested), an account of such transactions and also of the financial condition of the Authority. The Assistant Treasurer Packet Page Number 65 of 188 Agenda Item K4 Attachment shall act as the Treasurer's agent and assistant to perform the above - described duties, subject to the Treasurer's approval thereof. Section 6. Additional Duties. The officers of the Authority shall perform such other duties and functions as may from time to time be required by the Board or the bylaws or rules and regulations of the Authority. Section 7. Vacancies. Should the office of the President, Vice - President, Treasurer, Assistant Treasurer, or Secretary become vacant, the Board shall elect a successor at the next regular meeting, or at a special meeting called for such purpose, and such election shall be for the unexpired term of said officer. Section S. Additional Personnel. The Board may from time to time employ such personnel as it deems necessary to exercise its powers, duties, and functions. The selection and compensation of such personnel shall be determined by the Board. ARTICLE III — MEETINGS Section 1. Regular Meetings. The regular meetings of the Board shall occur according to a meeting schedule, if any, adopted or revised from time to time by resolution of the Board. Section 2. Special Meetings. Special meetings of the Board may be called by the President or any two members of the Board for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered at any time prior to the time of the proposed meeting to each member of the Board or may be mailed to the business or home address of each member of the Board at least two (2) days prior to the date of such special meeting. At such special meeting no business shall be considered other than as designated in the call, but if at least four members of the Board are present at a special meeting, any and all business may be transacted at such special meeting. Notice of any special meeting shall be posted and/or published as may be required by law. Section 3. Quorum. The powers of the Authority shall be vested in the Board. Three Commissioners shall constitute a quorum for the purpose of conducting the business and exercising the powers of the Authority and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Board upon a vote of a majority of the Commissioners present. Section 4. Order of Business. At the regular meetings of the Board the following shall be the order of business: (a) Roll call. (b) Approval of the minutes of previous meeting. (c) Bills and communications. (d) Reports. (e) Unfinished business. (f) New business. (g) Adjournment. Packet Page Number 66 of 188 Agenda Item K4 Attachment All resolutions shall be written or transcribed and shall be retained in the journal of the proceedings maintained by the Secretary. Section 5. Adoption of Resolutions. Resolutions of the Board shall be deemed adopted if approval by not less than a simple majority of all Commissioners present, unless a different requirement for adoption is prescribed by law. Resolutions may but need not be read aloud prior to vote taken thereon and may but need not be executed after passage. Section 6. Rules of Order. The meetings of the Board shall be governed by the most recent edition of Robert's Rules of Order. ARTICLE IV — MISCELLANEOUS Section 1. Amendments to Bylaws. The bylaws of the Authority shall be amended only by resolution approved by at least three of the members of the Board. Section 2. Fiscal Year. The fiscal year of the Authority shall coincide with the fiscal year of the City of Maplewood. Section 3. Manager to serve as Director. The City Manager shall serve as the Director of the EDA and administer the plans and activities of the Authority as directed by the Commissioners' official actions. The Manager shall also serve as an ex- officio member of the Authority and attend all meetings of the Authority. The Manager shall receive no further compensation for any work associated with the Authority but may be reimbursed for costs and expenses incurred by him or her while acting in the capacity of EDA Director. Packet Page Number 67 of 188 Agenda Item K4 Attachment MINNESOTA STATUTES 2008 469.091 469.091 ECONOMIC DEVELOPMENT AUTHORITY. Subdivision 1. Establishment. A city may, by adopting an enabling resolution in compliance with the procedural requirements of section 469.093, establish an economic development authority that, subject to section 469.092, has the powers contained in sections 469.090 to 469.108 and the powers of a housing and redevelopment authority under sections 469.001 to 469.047 or other law, and of a city under sections 469.124 to 469.134 or other law. If the economic development authority exercises the powers of a housing and redevelopment authority contained in sections 469.001 to 469.047 or other law, the city shall exercise the powers relating to a housing and redevelopment authority granted to a city by sections 469.001 to 469.047 or other law. Subd_ 2. Characteristics. An economic development authority is a public body corporate and politic and a political subdivision of the state with the right to sue and be sued in its own name. An authority carries out an essential governmental function when it exercises its power, but the authority is not immune from liability because of this. Subd. 3. Unpaid officers, directors, and agents; liability. Section 317A.257 applies to an economic development authority or to a nonprofit corporation exercising the powers of an economic development authority. History: 1987 c 291 s 92; 1994 c 623 art 5 s 2 Copyright © 2008 by the Revisor of Statutes, State of Minnesota. All Rig %dkefeRage Number 68 of 188 Agenda Item K4 Attachment MINNESOTA STATUTES 2008 469.092 469.092 LIMIT OF POWERS. Subdivision 1. Resolution. The enabling resolution may impose the following limits upon the actions of the authority: (1) that the authority must not exercise any specified powers contained in sections 469.001 to 469.047, 469.090 to 469108, and 469.124 to 469.134 or that the authority must not exercise any powers without the prior approval of the city council; (2) that, except when previously pledged by the authority, the city council may by resolution require the authority to transfer any portion of the reserves generated by activities of the authority that the city council determines is not necessary for the successful operation of the authority to the debt service fund of the city, to be used solely to reduce tax levies for bonded indebtedness of the city; (3) that the sale of all bonds or obligations issued by the authority be approved by the city council before issuance; (4) that the authority follow the budget process for city departments as provided by the city and as implemented by the city council and mayor; (5) that all official actions of the authority must be consistent with the adopted comprehensive plan of the city, and any official controls implementing the comprehensive plan; (6) that the authority submit all planned activities for influencing the action of any other governmental agency, subdivision, or body to the city council for approval; (7) that the authority submit its administrative structure and management practices to the city council for approval; and (8) any other limitation or control established by the city council by the enabling resolution. Subd. 2. Modification of resolution. The enabling resolution may be modified at any time, subject to subdivision 5, and provided that any modification is made in accordance with this section. Subd. 3. Report on resolution. Without limiting the right of the authority to petition the city council at any time, each year, within 60 days of the anniversary date of the first adoption of the enabling resolution, the authority shall submit to the city council a report stating whether and how the enabling resolution should be modified. Within 30 days of receipt of the recommendation, the city council shall review the enabling resolution, consider the recommendations of the authority, and make any modification it considers appropriate. Modifications must be made in accordance with the procedural requirements of section 469.093. Copyright © 2008 by the Revisor of Statutes, State of Minnesota. All Rig %dkefeRage Number 69 of 188 Agenda Item K4 Attachment 2 MINNESOTA STATUTES 2008 469.092 Subd. 4. Compliance. The city council's determination that the authority has complied with the limitations imposed under this section is conclusive. Subd. 5. Limits, security. Limits imposed under this section must not be applied in a manner that impairs the security of any bonds issued or contracts executed before the limit is imposed. The city council must not modify any limit in effect at the time any bonds or obligations are issued or contracts executed to the detriment of the holder of the bonds or obligations or any contracting party. History: 1987 c 291 s 93 Copyright © 2008 by the Revisor of Statutes, State of Minnesota. All Rig %dkefeRage Number 70 of 188 Agenda Item K4 Attachment MINNESOTA STATUTES 2008 469.093 469.093 PROCEDURAL REQUIREMENT. Subdivision 1. Enabling resolution. The creation of an authority by a city must be by written resolution referred to as the enabling resolution. Before adopting the enabling resolution, the city council shall conduct a public hearing. Notice of the time and place of hearing, a statement of the purpose of the hearing, and a summary of the resolution must be published in a newspaper of general circulation within the city once a week for two consecutive weeks. The first publication must appear not more than 30 days from the date of the public hearing. Subd. 2. Modifications. All modifications to the enabling resolution must be by written resolution and must be adopted after notice is given and a public hearing conducted as required for the original adoption of the enabling resolution. History: 1987 c 291 s 94 Copyright © 2008 by the Revisor of Statutes, State of Minnesota. All Rig %dkefeRage Number 71 of 188 Agenda Item K4 Attachment MINNESOTA STATUTES 2008 469.095 469.095 COMMISSIONERS; APPOINTMENT, TERMS, VACANCIES, PAY, REMOVAL. Subdivision 1. Commissioners. Except as provided in subdivision 2, paragraph (d), an economic development authority shall consist of either three, five, or seven commissioners who shall be appointed after the enabling resolution provided for in section 469.093 becomes effective. The resolution must indicate the number of commissioners constituting the authority. Subd. 2. Appointment, terms; vacancies. (a) Three- member authority: the commissioners constituting a three - member authority, one of whom must be a member of the city council, shall be appointed by the mayor with the approval of the city council. Those initially appointed shall be appointed for terms of two, four, and six years, respectively. Thereafter all commissioners shall be appointed for six -year terms. (b) Five - member authority: the commissioners constituting a five - member authority, two of whom must be members of the city council, shall be appointed by the mayor with the approval of the city council. Those initially appointed shall be appointed for terms of two, three, four, five, and six years respectively. Thereafter all commissioners shall be appointed for six -year terms. (c) Seven - member authority: the commissioners constituting a seven - member authority, two of whom must be members of the city council, shall be appointed by the mayor with the approval of the city council. Those initially appointed shall be appointed for terms of one, two, three, four, and five years respectively and two members for six years. Thereafter all commissioners shall be appointed for six -year terms. (d) The enabling resolution may provide that the members of the city council shall serve as the commissioners. (e) The enabling resolution may provide for the appointment of members of the city council in excess of the number required in paragraphs (a), (b), and (c) (f) A vacancy is created in the membership of an authority when a city council member of the authority ends council membership. A vacancy for this or another reason must be filled for the balance of the unexpired term, in the manner in which the original appointment was made. The city council may set the term of the commissioners who are members of the city council to coincide with their term of office as members of the city council. Subd. 3. Increase in commission members. An authority may be increased from three to five or seven members, or from five to seven members by a resolution adopted by the city council following the procedure provided for modifying the enabling resolution in section 469.093. Subd. 4. Compensation and reimbursement. A commissioner, including the president, shall be paid for attending each regular or special meeting of the authority in an amount to be Copyright © 2008 by the Revisor of Statutes, State of Minnesota. All RigRtadkefeRa#e Number 72 of 188 Agenda Item K4 Attachment 2 MINNESOTA STATUTES 2008 469.095 determined by the city council. In addition to receiving pay for meetings, the commissioners may be reimbursed for actual expenses incurred in doing official business of the authority. All money paid for compensation or reimbursement must be paid out of the authority's budget. Subd. 5. Removal for cause. A commissioner may be removed by the city council for inefficiency, neglect of duty, or misconduct in office. A commissioner shall be removed only after a hearing. A copy of the charges must be given to the commissioner at Least ten days before the hearing. The commissioner must be given an opportunity to be heard in person or by counsel at the hearing. When written charges have been submitted against a commissioner, the city council may temporarily suspend the commissioner. If the city council finds that those charges have not been substantiated, the commissioner shall be immediately reinstated. If a commissioner is removed, a record of the proceedings, together with the charges and findings, shall be filed in the office of the city clerk History: 1987 c 291 s 96 Copyright © 2008 by the Revisor of Statutes, State of Minnesota. All Rig %dkefeRage Number 73 of 188 Agenda Item K4 Attachment DATE: June 16, 2009 TO: City Council FROM: H. Alan Kantrud, City Attorney SUBJECT: Maplewood BEDC discussion INTRODUCTION The City is in the process of developing an "Economic Development Authority" and you have asked staff to look into what a companion -body of business interests may look like. Since the formation of an EDA is likely at this time, staff is now seeking direction from council as to whether it is in the best interests of the City to form another Commission that is more community -based to assist the EDA. DISCUSSION Many Cities operate Economic Development Authorities, Boards or Commissions. They are authorized by State Statute and have the power to buy, sell and hold property; make loans, grants and aid available; as well as seek the same for development purposes. Since the rationale for such groups is, "economic development," many cities also form a companion organization to advise their EDA and offer technical assistance in areas of business and finance. These bodies are often -times referred to as Business and Economic Development Commissions, or "BEDC's." These may be ad -hoc commissions or more formally constituted, but will invariably have membership based on business acumen and or civic development interest. Large employers, banks, Chambers of Commerce and other recognized business leaders are typical examples of representatives that would be asked to serve on such a commission. BEDC's are also good places to put retired executives who happen to reside in the City as well. A BEDC would be formed in Maplewood's case to help administer any programs the EDA chose to start and also to provide technical support to the EDA such as the review and recommendation of business plans and other initiatives brought to the EDA or developed by it. By tapping into the local business community, a BEDC also further - invests those Local interests in the City and helps forge stronger bonds and partnerships between entities that can often times not see eye -to -eye on issues such as tax rates and other municipal "costs" of doing business. RECOMMENDATION Please have a dialogue about the concept of the BEDC and provide direction to the Manager and staff about whether to work on the formation of such a body and what such a body would ideally look like in terms of membership and size. Packet Page Number 74 of 188 Agenda Item K4 Attachment PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT ("this Agreement ") is made as of this day of May, 2009, by and between CITY OF MAPLEWOOD, a Minnesota municipal corporation ( "Seller"), and ROADMASTER OF MINNESOTA LLC, a Minnesota limited liability company ( "Buyer "), upon the following terms and conditions: 1. PROPERTY. Buyer offers to purchase and Seller agreed to sell that certain parcel of real property that is located on Van Dyke Street North, in the City of Maplewood, Minnesota (the "City"), and that is assigned Property Tax Identification Number 11- 29 -22 -33 -0022 (the "Property"). The exact legal description of the Property shall be established by the Commitment and confirmed by the Survey. Z PURCHASE PRICE. The price for the Property is Four Hundred Fifty Thousand and 00/100 Dollars ($450,000.00) (the "Purchase Price"), which Buyer shall pay as follows: Ten Thousand and 00/100 Dollars ($10,000.00) (the "Earnest Money"), in cash upon acceptance of this Agreement by Seller, and the balance in cash the Date of Closing (hereinafter defined). The parties hereto agree that the Earnest Money shall be deposited with Stewart Title of Minnesota ("Title"), 150 South Sixth Street, Suite 1330, Minneapolis, Minnesota 55402, to be held in escrow by Title and disbursed as provided in this Agreement. Buyer shall pay all escrow fees charged by Title for holding and disbursing the Earnest Money. 3. DEED; MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed (the "Deed") conveying marketable fee title to the Property, subject to (a) building and zoning laws, ordinances, state and federal regulations; (b) reservation of any mineral rights by the State of Minnesota; (c) an easement for street and utility purposes in favor of the City over and across that portion of the Property legally described on Exhibit A attached hereto and made a part hereof, and (d) exceptions to title which constitute encumbrances, restrictions, or easements which have been disclosed to and accepted by Buyer as hereinafter provided. 4. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual Date of Closing, unless otherwise provided in this Agreement. Buyer shall pay on the Date of Closing all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. Buyer shall assume on the Date of Closing all other special assessments levied as of the date of this Agreement. If any other special assessment becomes pending after the date of this Agreement and before the Date of Closing, Buyer may, at Buyer's option to be exercised by written notice thereof to Seller, either (i) agree to assume payment of said pending special assessments without adjustment to the Purchase Price; or (ii) declare this Agreement null and void by notice to Seller, and in such event the Earnest Money shall be refunded to Buyer. PSA 05-19-09 Packet Page Number 75 of 188 Agenda Item K4 Attachment Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not otherwise provided for herein. Seller warrants that real estate taxes due and payable in 2009 will be non-homestead classification. Seller makes no representations concerning the amount of future real estate taxes or of future special assessments. Seller shall pay on or before the Date of Closing any deferred real estate taxes i.e., so- called "senior deferred" taxes) or unusual or deferred assessments or charges the payment of which is required as a result of the closing of the sale. S. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and warrants to Buyer as follows: (a) The Property is not in violation of any law, regulation, ordinance or code affecting the Property, and there is no anticipated condemnation with respect to any part of the Property. (b) If the Property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. (c) Seller has not received any written notice of any liabilities or threatened litigation with respect to the Property. (d) The Property is not subject to any easements, rights-of-way, liens, tenancies, security interest or other encumbrances of any nature that will not be discharged by and at the expense of Seller at or prior to the Date of Closing, with the exception of such matters as may be disclosed by the Survey and/or in the Commitment. (e) No person has any option to purchase all or any portion of the Property, nor shall any person have any right of first refusal or similar right with respect to all or any portion of the Property. (f) Except as may be set forth in any Well Disclosure Certificate made by Seller and delivered to Buyer in connection with this Agreement, Seller do not know of any "wells" (within the meaning of Minnesota Statutes Section 103 L005, subdivision 2 1) on the Property. (g) There are no underground or above ground storage tanks located in or about the Property, and to the best of Seller's knowledge and belief no such storage tanks have existed in or about the Property or, if any such storage tanks have existed, there has been no leak or spill of any petroleum or its byproducts from any such storage tanks previously existing on the Property. E-01M Packet Page Number 76 of 188 Agenda Item K4 Attachment (h) Seller is not a "foreign person" within the meaning of the Internal Revenue Code of 1954, as amended (the "Code"), and Seller shall execute and deliver to Buyer on the Date of Closing an affidavit satisfying the requirements of Section 1445 of the Code. (i) To Seller's knowledge, without inquiry, (1) no hazardous or toxic materials or substances (including specifically petroleum or any of its byproducts) exist on or under the Property, and (ii) there has never been a release of any substance on, in, under or from the Property which is regulated by any applicable federal, state or local laws, ordinances, rules, regulations, codes, orders or decrees relating to the protection of the environment, in violation of such laws, ordinances, rules, regulations, codes, orders or decrees, including (without limiting the generality of the foregoing) any leak or spill of petroleum or any of its byproducts. 0) To the best of Seller's knowledge, the Property has not been used for the production of methamphetamine. The foregoing representations and warranties shall be reaffirmed to Buyer in writing by Seller as of the Date of Closing, and shall survive the delivery of the Deed. 6. CONDITION OF PROPERTY; CONDEMNATION. Buyer is purchasing the Property in its "as-is" condition, with the intention of using it for commercial development. Seller makes no warranties or representations of any kind concerning the condition of the Property, except as set forth in the foregoing Paragraph. Furthermore, the damage or destruction of any improvements that are a part of the Property shall not affect the obligations of Buyer or Seller hereunder, except that in such event Seller shall assign or deliver to Buyer at closing all of Seller's interest in any insurance proceeds, or the actual proceeds, resulting from such damage or destruction, regardless of when paid. Seller shall not (i) make any changes or alterations to the Property except in the ordinary course of business, (ii) execute, modify or extend any agreements affecting the Property, or (iii) initiate or consent to the initiation of any zoning, rezoning, special exception, subdivision or condemnation of the Property. Seller shall provide to Buyer a copy of all information available to Seller relating to the condition of the Property including, but not limited to, title insurance policies, surveys, soil reports, environmental reports, plans or specifications for buildings, if any exist, and geotechnical information, within fifteen (15) days after the date on which the last of the parties to this Agreement execute the same, as indicated by the date following the party's signature below (the "Execution Date"). Except as expressly stated in this Agreement, Buyer is not assuming any contracts, agreements, orders, liabilities or obligations of Seller, whether with respect to the Property or otherwise. Buyer assumes no liabilities of Seller of any kind or nature whatsoever, whether known or unknown, fixed or contingent, in connection with or as a result of the acquisition of the Property or Seller's operation of any business, concern or enterprise involving the Property, and Seller shall hold Buyer harmless from all claims with respect to such liabilities. Page 3 of 10 Packet Page Number 77 of 188 Agenda Item K4 Attachment 7. CONTINGENCIES. Buyer's obligations under this Agreement are contingent upon the satisfaction of the following conditions precedent: A. The results of any investigation of the physical conditions of the Property that Buyer in its sole discretion may choose to make, which may include an environmental audit of the Property, are satisfactory to Buyer in its absolute discretion. Seller agrees that Buyer and its agents shall have access to the Property at all reasonable times to perform such investigations, provided that Buyer shall be responsible for all costs and expenses relating to such investigations, shall hold Seller and the Property harmless from all liability which may arise as the result of such investigations by Buyer, and shall restore the Property to substantially the same condition as existed prior to such investigation. B. All final unconditional permits and approvals required for the commercial development of the Property with such improvements, at such densities and with such infrastructure as Buyer, in its sole discretion, shall deem appropriate for the same ("Buyer's Development Plans'), have been obtained from all governmental or quasi-governmental authorities having jurisdiction over such development. Buyer agrees that its application for approval of Buyer's Development Plans shall be submitted to the Planning Commission of the City within 180 days of the Execution Date. Seller agrees to cooperate with Buyer in obtaining such permits and approvals, and Seller shalt execute such applications and agreements relating to the same as may be required to obtain such permits and approvals, provided that Buyer shall bear all costs and expenses relating thereto, and provided that no final permits or approvals shall be obtained prior to the Date of Closing. C. Seller shall cause the City to vacate those portions of Cope Avenue adjoining the Property to the North and those portions of Lark Avenue adjoining the property at 2260 Van Dyke Street North (Property Tax Identification Number 11-29-22-33 - 0027) to the South. Buyer agrees to include its request for such vacations in its submittal of its application for the approval of Buyer's Development Plans. D. Seller shall cause the public improvement project known as City Project 08-12 to be completed, without cost to Buyer or the Property. Buyer in its sole discretion may waive any or all of the forgoing contingencies, which waiver shall be in writing, given to Seller on or before the date (the "Contingency Date") that is the later to occur of (i) the date that the City gives final approval for Buyer's Development Plans, and (ii) the first anniversary of the Execution Date. However, if all of the foregoing contingencies have not been satisfied or waived by Buyer on or before the Contingency Date, then this Agreement shall be null and void, without the need for further action on the part of either party hereto, and thereupon Title shall return to Buyer all Earnest Money held by Title. 8. EXAMINATION OF TITLE. If the Property is abstract property, within ten (10) days after the Execution Date, Seller shall furnish Buyer with an Abstract of Title to the Property. Using said Abstract of Title, Buyer shall obtain a Commitment for an Owner's Policy of Title Page 4 of 10 Packet Page Number 78 of 188 Agenda Item K4 Attachment Insurance (ALTA Form B-1970, if available) from Title (the "Commitment") in which Title agrees to insure good and marketable fee title to the Property of record without exception, with standard exceptions thereto for mechanic's liens, matters disclosed by survey and rights of parties in possession deleted, and which provides for increased coverage to include the cost of improvements hereafter constructed on the Property by Buyer or Buyer's assignee. The costs of continuing said Abstract of Title to a current date shall be paid by Seller, and Seller shall pay the costs of producing the above-described searches. The service charge for the Commitment and the premium for the policy issued pursuant thereto, if ordered, shall be paid by Buyer. In addition, upon its receipt of the Commitment, Buyer shall order a survey of the Property, dated subsequent to the date hereof and certified to Seller, Buyer and Title by a registered land surveyor licensed in the State of Minnesota as having been prepared in accordance with the Minimum Standard Detail Requirements for Land Title Surveys, as jointly adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 2005 and as meeting the standards of an "Urban" survey (the "Survey"). All costs related to the production of the Survey shall be borne by Buyer. Buyer shall have ten (10) days after receipt of the Survey to provide Seller with a copy of the Commitment and written objections to the status of title disclosed therein. Any matters shown in such title evidence and not objected to within such ten (10) day period shall be deemed to be permitted encumbrances to title, and Buyer shall be deemed to have waived any title objections not made within said ten (10) day period, except that this shall not operate as a waiver of Seller's covenant to deliver the Deed, except that (whether or not objection is made by Buyer thereto) Seller shall be responsible for curing on or before the Date of Closing (i) all liens, mortgages, judgments, past due real estate taxes and/or special assessments (including interest and penalties thereon) not the result of Buyer's actions, and (ii) any matters which arise out of Seller's intentional act (or an active or intentional omission). 9. TITLE CORRECTIONS AND REMEDIES. If Buyer shall make objection to the status of title to the Property as provided hereinabove, Seller shall have until the Date of Closing to make title marketable. Liens or encumbrances for liquidated amounts that can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. A. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of its agreements herein, Seller may elect either of the following remedies: Cancel this Agreement as provided by statute and retain all payments made hereunder as liquidated damages. 2. Seek specific performance within six (6) months after such right of action arises, including costs and reasonable attorney's fees, as permitted by law. B. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of its agreements herein, Buyer may elect any of the following remedies: lfflst Packet Page Number 79 of 188 Agenda Item K4 Attachment Terminate this Agreement, and receive a refund of all Earnest Money paid hereunder and all interest earned thereon. 2. Seek specific performance within six (6) months after such right of action arises, including costs and reasonable attorney's fees, as permitted by law. 10. CLOSING; ALLOCATION OF CLOSING COSTS; DELIVERY OF POSSESSION. Closing of the transaction contemplated by this Agreement shall occur on a date which is thirty (30) days after the Contingency Date, or (if such date is a weekend day) the next business day (the "Date of Closing"), in the offices of Title at 150 South Sixth Street, Suite 1330, Minneapolis, Minnesota, Minnesota, at 10 a.m., or at such other place or time of day as the parties hereto may agreed to; provided, however, that the Date of Closing shall be extended to the extent required by the terms hereof for Seller to make title marketable. Buyer shall pay any fee or charge imposed by Title to close the transaction contemplated by this Agreement. Buyer shall be responsible for the payment of the State Deed Tax due on the recording of the Deed. Buyer shall pay for the cost of filing the documents (if any) required to correct the title objections that have been raised by Buyer pursuant to the title examination provisions hereof, and Buyer shall pay for the cost of filing the Deed. Seller and Buyer each shall be responsible for the payment of their respective attorneys' fees. For purposes of complying with the reporting requirements of Section 6045(e) of the Code, Title shall be the "real estate broker" as defined in Section 6045(c)(2) of the Code and Title shall be responsible for the filing of the 1099-B forms or other returns required by Section 6045(e)(1) of the Code. Seller shall deliver possession of the Property on the Date of Closing. 11. GENERAL PROVISIONS. (a) Assignment. Buyer shall have the right to assign its interest under this Agreement without the prior written consent of Seller, provided that Buyer shall give Seller written notice of such assignment. Seller may not, without Buyers prior written consent, assign or encumber all or any portion of the Property or its rights under this Agreement, during the term of this Agreement. (b) Governing L aw. The laws of the State of Minnesota shall govern this Agreement. (c) Entire Agreement, Amendments. This Agreement contains the entire agreement between Seller and Buyer relating to the purchase and sale of the Property, and it may be amended only by an instrument in writing signed by both parties hereto and consented to by Title. (d) Attorneys' Fees. In the event it becomes necessary for either party hereto to file suit to enforce this Agreement or any provisions contained herein, the party prevailing in Page 6 of 10 Packet Page Number 80 of 188 Agenda Item K4 Attachment such suit shall be entitled to recover, in addition to all other remedies or damages, as provided herein, reasonable attorneys' fees incurred in such suit. (e) Confidentiali Neither party hereto shall disclose (without the other party's consent, which consent may be withheld in that party's sole discretion) the existence or terms of this Agreement, except as may be required by law, to any person other than persons retained by Buyer to conduct studies or investigations of the Property, and auditors, accountants, lenders, and attorneys who have responsibility to such party for participating in the transaction contemplated by this Agreement. (f) TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS AGREEMENT. 12. BROKER DISCLOSURE AND BROKER REPRESENTATIONS. The parties acknowledge that Buyer is represented in the transaction contemplated by this Agreement by Don Twombly of Prudential Commercial Services, and Buyer agrees that it shall pay any commission due to its broker at Closing- Buyer agrees to indemnify and hold Seller harmless from any claims, damages, costs or expenses of or for any fee or commission resulting from its actions or agreements regarding such transaction which may be claimed by its broker. Seller and Buyer each represent to the other that they have not dealt with any other broker, in connection with the transaction contemplated by this Agreement, and each agrees to indemnify and hold the other harmless from any claims, damages, costs or expenses of or for any fee or commission resulting from their actions or agreements regarding such transaction which may be claimed by any such other broker. 13. NOTICES. Any notice, demand, request or other communication which may or shall be given or served by Seller to or on Buyer, or by Buyer to or on Seller, shall be deemed to have been given or served on the date the same is hand delivered or deposited in the United States mail, registered or certified, postage prepaid, and addressed as follows: Notices to Seller: City of Maplewood Attention: Chuck Ahl 1830 County Road B East Maplewood, MN 55109 Notices to Buyer: Roadmaster of Minnesota LLC c/o Kirk Dahlstrom 1074 Robert Street South West St. Paul, Minnesota 55118 With a copy to: Don Twombly Prudential Commercial Services 1456 Arden View Drive Arden Hills, Minnesota 55112 Page 7 of 10 Packet Page Number 81 of 188 Agenda Item K4 Attachment 14. DUTIES OF TITLE. The sole duties of Title shall be those described herein, and Title shall be under no obligation to determine whether the other parties hereto are complying with any requirements of law or the terms and conditions of any other agreements between said parties. Title may conclusively rely upon and shall be protected in acting upon any notice, consent, order or other document believed by it to be genuine and to have been signed or presented by the proper party or parties hereto, consistent with reasonable due diligence on the part of Title. Title may consult the advice of counsel with respect to any issue concerning the interpretation of its duties hereunder. Seller and Buyer each hereby acknowledge such fact and indemnify and hold harmless Title from any action taken by Title in good faith and using reasonable diligence in reliance thereon. Title shall have no duty or liability to verify any such notice, consent, order or other document, and its sole responsibility shall be to act as expressly set forth in this Agreement. If any dispute arises with respect to the disbursement of any monies, Title may continue to hold the same or commence an action in interpleader and in connection therewith remit the same to a court of competent jurisdiction pending resolution of such dispute, and Seller and Buyer each hereby indemnify and hold hatinless Title for any action taken by Title in good faith in the execution of its duties hereunder. (signature page follows) Page 8 of 10 Packet Page Number 82 of 188 Agenda Item K4 Attachment IN WITNESS WHEREOF, Seller and Buyer have caused this Agreement to be executed as of the day and year first above written. CITY OF MAPLEWOOD { "Seller ") ROADMASTER OF MINNESOTA LLC ("Buyer") By B JZ4 �( Its Mayor Its Member Date: Maye2009 And by Its City Manager Date: 2009 CONSENT OF TITLE STEWART TITLE OF MINNESOTA, the party identified as "Title" in the foregoing Agreement, agrees to hold and disburse all instruments and funds deposited with it pursuant to the terms of said Agreement, in accordance with the terms and conditions of said Agreement, subject to the specific disclaimer contained therein. � - 1 X I N AZARIN III INNES) SI I Q1121 OU111 KAI in Its Page 9 of 10 Packet Page Number 83 of 188 Agenda Item K4 Attachment EXHIBIT A Legal Description of City Easement The south 15.00 feet of the west 20.00 feet of the above described property. And, all that part of the first above described property beginning at the northwest comer of said first above described property; thence South 00 degrees 25 minutes 24 seconds East, assumed bearing, along the westerly line of said first above described property a distance of 107.56 feet; thence North 89 degrees 31 minutes 48 seconds East, a distance of 4,74 feet; thence northeasterly a distance of 28.52 feet along a non-tangential curve concave to the southeast having a radius of 113.33 feet and a central angle of 14 degrees 25 minutes 13 seconds, the chord of said curve bears North 34 degrees 20 minutes 07 seconds East; thence North 41 degrees 32 minutes 44 seconds East, tangent to the last described curve, a distance of 29.17 feet; thence northerly a distance of 55.58 feet along a tangential curve concave to the northwest having a radius of 68.17 feet and a central angle of 46 degrees 42 minutes 42 seconds; thence North 02 degrees 41 minutes 26 seconds East, along a non-tangent line 11.23 feet to a point on the north line of said first above described property distant 58.23 feet easterly from the point of beginning; thence South 89 degrees 38 minutes 06 seconds West, along said north line a distance of 58.32 feet to the point of beginning. PSA 05-19-09 Packet Page Number 84 of 188 Agenda Item K5 AGENDA REPORT TO: James E. Antonen, City Manager FROM: Charles Ahl, Assistant City Manager /Public Works Director SUBJECT: Gladstone Area Improvements — Phase 1, City Project 04 -21: a. Resolution Accepting Preliminary Report, Calling Public Hearing and Authorizing Preparation of Plans and Specifications DATE: June 16, 2009 INTRODUCTION The feasibility study for the initial phase of the Gladstone Area Improvements is complete and is available for review in the office of the City Engineer. Final copies of the study have been made available to the City Council and are available on the City's webpage for review. The study includes information on the proposed improvements, proposed financing and probable assessments. The City Council will consider accepting the feasibility study, ordering a public hearing, and authorizing the preparation of plans and specifications. BACKGROUND / DISCUSSION The proposed project area is on the western side of the Gladstone redevelopment area and associated with the Tourist Cabin's property redevelopment. The proposed project as listed within the feasibility study proposes improvement costs to be assessed to a developer of the Tourist Cabin property. At the time of the writing of this memorandum, the proposed developer for this property has not finalized the acquisition agreement for the Tourist Cabin property. The report also does not provide for any development assistance in any format as has been indicated will be needed by the current developer who is considering the project. That developer has indicated that they do not believe that they can develop the site without assistance from the City, but there has not been an application to proceed with that assistance analysis. Options The proposed project as listed within the feasibility report proposes improvements estimated at $3,000,000. This is being called Option #1. This approach would provide $1,800,000 worth of improvements to meet the construction requirements of the Met Council Livable Communities Development Grant (LCDA). [Please note the discussion under Analysis later in this report regarding the availability of these funds.] An assessment is proposed to the Tourist Cabin's property in the amount of $1,000,000. City funds of $125,000 to cover the non - assessable costs of the power -line burial and $75,000 of sanitary sewer utility funds for the improvement of a city sewer on the Tourist Cabin property provide the proposed financing for these improvements. Due to the expiration of the LCDA grant and Met Council guidelines, it is necessary to begin design of the project plans at this time if the construction is to be completed in 2009 in order to get reimbursed from the Metropolitan Council. If a willing developer exists and /or landowner who allows access to the property without city eminent domain proceedings, this option is feasible. Packet Page Number 85 of 188 Agenda Item K5 GLADSTONE PHASE 1 IMPROVEMENTS PAGE TWO The first option noted that a willing landowner or developer would be necessary to make that approach feasible within the grant timelines. Option #2 would be an approach to build the improvements without the concurrence of the Metropolitan Council and with possible deferred assessments to the property owner. This option could be described as a "Build it and they will come" approach. Within this approach, the improvements from Option #1 would be reduced to a range of $1,800,000 to $2,400,000 depending upon the access provided to the City by the property owner. This option would eliminate the power -line burial from the project in the amount of $600,000 as this is a very difficult cost to sustain against a property and could hamper the City's ability to recover the assessment cost. With that provision removed, an improvement project would be $2,400,000. Further reductions of storm water improvements, which are mainly confined to the Tourist Cabins property, may need to be deleted due to a lack of access if the property owner is not willing to grant an easement to construct the improvements. This would delete $600,000 from the project, which would reduce the LCDA funding to $1,200,000. This option has significant risk for the City as discussed below in Analysis. This option is not discussed in the feasibility approach, but could be used based upon a reduced scope of work to be considered at the Public Hearing. The final option available for consideration, Option #3, is not available for action at this time because the developer has not made a funding request, and, the feasibility report has not been created to reflect the proposed improvements of any development agreement. The option is provided to indicate to the Council a possible scenario that provides the improvements for Option #1, which can be enhanced to meet the needs of the developer and further the improvements of Gladstone. Option #1 could proceed at this time, while the additions included within this option would need further consideration and hearings. Under Option #3, all the improvements of Option #1 would be implemented. The developer has indicated that they would agree to an increased assessment of an additional $500,000 for improvements to the Savanna, in exchange for the City providing that the original $1,000,000, plus the added $500,000, for a total of $1,500,000 would be eligible for a `pay -as- you -go' TIF district. In addition, the developer may request an additional $1,000,000 for land clearing and site clean -up costs for a total TIF request of up to $2,500,000. Under this scenario, the City could also capture TIF for city projects of an additional $500,000 - $600,000. A summary of this scenario may be: Option #1 $3,000,000 Added assessment $ 500,000 [for Savanna improvements] PAC from development $ 500,000 City - captured TIF funds $ 500,000 Total Option #3 $4,500,000 * - may require up to $2.5 million of TIF to developer NOTE: Option #3 is provided for illustration purposes only, as a TIF application has not been received from a developer and TIF discussions, analysis and hearings need to occur before any TIF or other possible city assistance can be considered for improvements. Packet Page Number 86 of 188 Agenda Item K5 GLADSTONE PHASE 1 IMPROVEMENTS PAGE THREE ANALYSIS There is a fair amount of risk associated with proceeding with the improvements at this time. As noted, Option #1, would provide for the necessary improvements to accommodate the proposed development of the Tourist Cabin property and to meet the requirements of the LCDA grant. It does, however, require a property owner or developer who is prepared to cooperate on access to the site, agreement to the assessments and a construction plan for a development that meets the Met Council requirements for the grant. At this time, the City does not have such a property owner or developer. The highest risk is associated with Option #2. This option assumes that the City will proceed with the improvements without the agreement of the Met Council or the property owner. The Met Council staff has indicated that the City should not proceed to incur costs against the grant award unless a development is assured. The grant language is vague and there is not specific language that would absolutely require this provision, although it is likely to require a confrontational meeting with the Metropolitan Council. Obviously, it may be possible to prevail for these funds, however, Maplewood has been quite successful in receiving support and funding for numerous improvement and development projects through the Met Council that may be hampered by a confrontation. That issue is a large unknown factor, but should be considered. In addition, without a willing property owner 1 developer, sustaining assessments for improvements may be difficult. The burden of proof is on the City for assessments and a property owner may contest that without a development plan that the improvements are not warranted. The City's position would be that the improvements add value to the property and thus are justified, but again, it is possible that a protracted and contested hearing and situation may arise. Finally, in both the grant and assessments, the need to proceed is immediate. The outcome of the financing would not likely be known for a number of months, at which time, many of the costs may have been incurred. Should the City not prevail on either the grant appeal or an assessment appeal, those costs would need to be covered by existing City funds. As noted previously, Option #3, is not provided for consideration, but only information at this time. The improvements are similar to Option #1 with the exception that the City would receive $1,000,000 for improvements to the Savanna and an additional $500,000 for other area improvements in exchange for an agreement to provide the developer with `pay -as- you -go' TIF. The TIF discussion will need to occur if an application is received for review. Staff is viewing this option as a future step consideration. The City Council can consider Option #1, by incurring costs for plans and wait to see if a developer is available by the time the hearing occurs on July 13 If there is a developer, Option #1 can proceed and the Council can decide if they wish to expand it to Option #3 on July 13th. If there is not a developer, the Council can consider Option #1, and reduce it to Option #2 or delay /cancel the improvements. The costs incurred would be for the development of plans that theoretically would be used when the property eventually develops. The cost of those plans is approximately $200,000. At this time, staff believes that a developer will finalize the purchase and be ready to proceed with the improvements. This would allow for the use of the grant as required. A TIF discussion could proceed simultaneously to the plan and bidding process. It appears to staff that the recommended course of action would be to adopt the attached motion to call a public hearing which provides the City with an option to still claim the grant consistent with Met Council rules and maintain an option for the developer to finalize a purchase. At this time, it is not necessary for the Council to select an option, only to call a public hearing. A decision on the options would be made at the July 13 public hearing. Packet Page Number 87 of 188 Agenda Item K5 GLADSTONE PHASE 1 IMPROVEMENTS PAGE FOUR RECOMMENDATION It is recommended that the City Council approve the attached resolutions accepting the report, calling for a public hearing for 7:00 p.m. Monday, July 13 ", 2009, and authorizing preparation of plans and specifications for the Gladstone Area Improvement — Phase 1 project. Attachments: 1. Resolution 2. Executive Report 3. Site Map 4. Feasibility Study [provided to City Council; available on City's webpage] Packet Page Number 88 of 188 Agenda Item K5 Attachment RESOLUTION ACCEPTING REPORT, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted July 16 2007, a report has been prepared by city staff, with reference to the improvement of the Gladstone Area — Phase 1 Improvements, City Project 04 -21, by and this report was received by the council on June 22, 2009. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $3,000,000. 2. The city engineer is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The finance director is hereby authorized to make the financial transfers necessary for the preparation of the project plans and specifications in the amount of $200,000. 4. A public hearing shall be held on such proposed improvement on the 13 day of July, 2009 in the council chambers of Maplewood City Hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Packet Page Number 89 of 188 Agenda Item K5 Attachment GLADSTONE AREA REDEVELOPMENT PHASE 1 EXECUTIVE SUK-MARY In order to accommodate portions of the redevelopment plan, the City is planning to implement the following Phase 1 infrastructure improvements: • Street improvements along Frost Avenue between TH 61 and Phalen Place, including a proposed roundabout at the Frost Avenue and East Shore Drive intersection. • Trail and sidewalk improvements along Frost Avenue and East Shore Drive. • Landscape and urban design improvements along Frost Avenue and at the roundabout. • Stormwater and wetland improvements • Sanitary se and watery ain improvements including the installation of now services to support redevelopment. • Overhead utility burial along Frost Avenue. The estimated costs for the proposed improvements are detailed below. These costs, with the exception of the overhead utility burial costs, include a 10% construction cost contingency and a 31,5 % allowance for indirect costs. Overhead utility burial costs are a direct payment to reel Energy since they will be performing the work. Proposed lInprovement Estimated Cost Street Improvements $950,000 Trail and Sidewalk Improvements $150,000 Landscape and Urban Design Improvements $450,000 Storrawater and Wetland Improvements $650,000 Public Utility Improvements $150,000 Overhead Utility Burial - T,600,000 Subtotal Construction Costs $2,950,000 Right -of-Wav/Easernent Acquisition Costs ---- $50.000 Total Project Cost $3,000,000 The improvements are proposed to be financed through a combination of grant funds, City of Maplewood funds, debt service, and special assessments to benefiting properties. The City has been selected to receive a Livable Communities Demonstration Account Packet Page Number 90 of 188 Agenda Item K5 Attachment (LCDA) grant through the Metropolitan Council to fund a significant portion of the proposed improvements. The following is a summary of the proposed financing plan for the improvements: Funding Source Amount LCDA Grant S1,800,000 Assessments $1,000,000 Debt Service $ 125,000 Sault ry Sewer Utility ................. $ 75 Total $3,000,000 MW City Council Authorizes Preparation of Feasibility Report July 16, 2007 City Council Accepts Feasibility Report June 22, 2009 and Calls Public Hearing Public Hearing July 13, 2009 City Council Approves Plans & Specs July 13, 2009 and Authorizes Ad for Bids Bid Opening August 14, 2009 Award Contract August 24, 2009 Start Construction September 8, 2009 Construction Complete July 2010 Based upon the analysis completed as a part of this report, the proposed Gladstone Area Redevelopment Phase 1. Improvements, City Project 04-21, are feasible, necessary and cost effective. 11 Packet Page Number 91 of 188 m --- ---- � m I ,, ,, N '777, 'HILL RD. 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MUN I ANA / mEEIT NJ A VE .' Ali IN ptslo v _11"SKA �l A i NEVADA VF, A A ' LUCK D ARLINCcN AVE, H LUCA SHFOwDED �o V ,P,EF lilri- AGE A V C L A R EN C E .. 5 E, w j CT F. 71EAll F CLEAR AV PVy HYA ClALT �ytr 'NTH w z A, ANUC DR A N It CC :A j C� HAVT� ORME - 7 — lvi: A A v, E. HAWT IRN AVE UARYI-AND E, MARY'- A ----- - 7T_ ROS AVE, SUPEp AVE gs 4,VE 0 VI RME R — - NIUM AVE Mkt - - — --- AVE JESSAwN EMY lE < Am, A V,- WILD �A A TIIA510L-- I AVE, Agenda Item K6 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Deputy Public Works Director Jon Jarosch, Civil Engineer I SUBJECT: County Road D Street Improvements, Project 08 -20, Resolution Adopting Revised Assessment Roll DATE: June 10, 2009 INTRODUCTION On June 8, 2009 the city council received eight (8) assessment objections for the County Road D Street Improvement project. Recommendations for action on each of the objections are provided for council approval in considering adopting the final roll. The resolution also includes provisions delaying the assessment for two years with no interest accrual. Adoption is recommended. BACKGROUND The proposed assessments for the County Road D Street Improvements were submitted to the city council for adoption at the June 8, 2009 meeting. Residents were provided with the required advanced notice of assessment hearing. Residents were required to file a written notice if they objected to the assessment amount. Eight written objections were received: Objections: 1. Parcel 01.29.22.21.0099 — Thomas Gamble; 2484 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Gamble is requesting that the assessment be cancelled due to financial hardship. 2. Parcel 01.29.22.22.0097 — Marcelina Rumbo; 2360 County Road D East It is currently proposed that the property be assessed for 1 unit (street and watermain). Ms. Rumbo is requesting that the assessment be cancelled due to financial hardship. 3. Parcel 01.29.22.22.0099 — Marcelina Rumbo; 2354 County Road D East It is currently proposed that the property be assessed for 1 unit (street and watermain). Ms. Rumbo is requesting that the assessment be cancelled due to financial hardship. 4. Parcel 01.29.22.22.0001 — David Seidel; 2370 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Seidel is requesting a senior citizen deferment. 5. Parcel 01.29.22.21.0079 — Donna McCormack; 2384 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Ms. McCormack is requesting a senior citizen deferment. 6. Parcel 01.29.22.21.0102 — Kendall Cook; 3069 Bellaire Avenue It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Cook is requesting a deferment due to financial hardship. Packet Page Number 93 of 188 Agenda Item K6 7. Parcel 01.29.22.21.0105 — Shawn Themmes; 2429 Gall Avenue It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mrs. Themmes is requesting that the assessment be cancelled due to financial hardship. 8. Parcel 01.29.22.22.0061 — Judy Garscia; 2280 County Road D East It is currently proposed that the property be assessed for 1 unit (watermain, street, and storm sewer). Ms. Garscia is requesting that the assessment be cancelled due to financial hardship. Recommended Adjustments The following action is recommended by staff on each objection request: Parcel 01.29.22.21.0099 — Thomas Gamble; 2484 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Gamble is requesting that the assessment be cancelled due to financial hardship. Staff recommendation is to deny cancellation of assessment and grant a disability /financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. Parcel 01.29.22.22.0097 — Marcelina Rumbo; 2360 County Road D East It is currently proposed that the property be assessed for 1 unit (street and watermain). Ms. Rumbo is requesting that the assessment be cancelled due to financial hardship. Staff recommendation is to deny cancellation of assessment and grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. Parcel 01.29.22.22.0099 — Marcelina Rumbo; 2354 County Road D East It is currently proposed that the property be assessed for 1 unit (street and watermain). Ms. Rumbo is requesting that the assessment be cancelled due to financial hardship. Staff recommendation is to deny cancellation of assessment and grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 4. Parcel 01.29.22.22.0001 — David Seidel; 2370 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Seidel is requesting a senior citizen deferment. Staff recommendation is to grant a senior citizen /financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. Parcel 01.29.22.21.0079 — Donna McCormack; 2384 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Ms. McCormack is requesting a senior citizen deferment. Staff recommendation is to grant a senior citizen /financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 6. Parcel 01.29.22.21.0102 — Kendall Cook; 3069 Bellaire Avenue It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Cook is requesting a deferment due to financial hardship. Staff recommendation is to Packet Page Number 94 of 188 Agenda Item K6 Attachment 1 grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. Parcel 01.29.22.21.0105 — Shawn Themmes; 2429 Gall Avenue It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mrs. Themmes is requesting that the assessment be cancelled due to financial hardship. Staff recommendation is to deny cancellation of assessment and grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. Parcel 01.29.22.22.0061 — Judy Garscia; 2280 County Road D East It is currently proposed that the property be assessed for 1 unit (watermain, street, and storm sewer). Ms. Garscia is requesting that the assessment be cancelled due to financial hardship. Staff recommendation is to deny cancellation of assessment and grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. The project budget will not be affected by approving the recommendations above. RECOMMENDATION Staff recommends that the city council approve the attached Resolution for Adopting Revised Assessment Roll for the County Road D Street Improvements, Project 08 -20. Attachments: 1. Resolution: Adopting Revised Assessment Roll 2. Assessment Roll 3. Location Map 4. Assessment objections (8) Packet Page Number 95 of 188 Agenda Item K6 Attachment 1 RESOLUTION ADOPTING REVISED ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 28, 2009, the assessment roll for the County Road D Street Improvements, City Project 08 -20, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, eight (8) property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Parcel 01.29.22.21.0099 — Thomas Gamble; 2484 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Gamble is requesting that the assessment be cancelled due to financial hardship. 2. Parcel 01.29.22.22.0097 — Marcelina Rumbo; 2360 County Road D East It is currently proposed that the property be assessed for 1 unit (street and watermain). Ms. Rumbo is requesting that the assessment be cancelled due to financial hardship. 3. Parcel 01.29.22.22.0099 — Marcelina Rumbo; 2354 County Road D East It is currently proposed that the property be assessed for 1 unit (street and watermain). Ms. Rumbo is requesting that the assessment be cancelled due to financial hardship. 4. Parcel 01.29.22.22.0001 — David Seidel; 2370 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Seidel is requesting a senior citizen deferment. 5. Parcel 01.29.22.21.0079 — Donna McCormack; 2384 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Ms. McCormack is requesting a senior citizen deferment. 6. Parcel 01.29.22.21.0102 — Kendall Cook; 3069 Bellaire Avenue It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Cook is requesting a deferment due to financial hardship. 7. Parcel 01.29.22.21.0105 — Shawn Themmes; 2429 Gall Avenue It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mrs. Themmes is requesting that the assessment be cancelled due to financial hardship. 8. Parcel 01.29.22.22.0061 — Judy Garscia; 2280 County Road D East It is currently proposed that the property be assessed for 1 unit (watermain, street, and storm sewer). Ms. Garscia is requesting that the assessment be cancelled due to financial hardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the County Road D Street Improvements, Project 08 -20: 1. Parcel 01.29.22.21.0099 — Thomas Gamble; 2484 County Road D East Packet Page Number 96 of 188 Agenda Item K6 Attachment 1 It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Gamble is requesting that the assessment be cancelled due to financial hardship. Staff recommendation is to deny cancellation of assessment and grant a disability /financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 2. Parcel 01.29.22.22.0097 — Marcelina Rumbo; 2360 County Road D East It is currently proposed that the property be assessed for 1 unit (street and watermain). Ms. Rumba is requesting that the assessment be cancelled due to financial hardship. Staff recommendation is to deny cancellation of assessment and grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 3. Parcel 01.29.22.22.0099 — Marcelina Rumba; 2354 County Road D East It is currently proposed that the property be assessed for 1 unit (street and watermain). Ms. Rumbo is requesting that the assessment be cancelled due to financial hardship. Staff recommendation is to deny cancellation of assessment and grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 4. Parcel 01.29.22.22.0001 — David Seidel; 2370 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Seidel is requesting a senior citizen deferment. Staff recommendation is to grant a senior citizen /financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 5. Parcel 01.29.22.21.0079 — Donna McCormack; 2384 County Road D East It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Ms. McCormack is requesting a senior citizen deferment. Staff recommendation is to grant a senior citizen /financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 6. Parcel 01.29.22.21.0102 — Kendall Cook; 3069 Bellaire Avenue It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Cook is requesting a deferment due to financial hardship. Staff recommendation is to grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 7. Parcel 01.29.22.21.0105 — Shawn Themmes; 2429 Gall Avenue It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mrs. Themmes is requesting that the assessment be cancelled due to financial hardship. Staff recommendation is to deny cancellation of assessment and grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 8. Parcel 01.29.22.22.0061 — Judy Garscia; 2280 County Road D East It is currently proposed that the property be assessed for 1 unit (watermain, street, and storm sewer). Ms. Garscia is requesting that the assessment be cancelled due to financial Packet Page Number 97 of 188 Agenda Item K6 Attachment 1 hardship. Staff recommendation is to deny cancellation of assessment and grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. B. The assessment roll for the County Road D Street Improvements as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. C. 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 2012 and shall bear interest at the rate of 5.4 percent per annum beginning June 8, 2011. To the first installment shall be added interest on the entire assessment from June 8, 2011 until December 31, 2011. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2011, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid on or before July 8, 2011; and they may, at any time after October 1, 2011, 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 October 15 or interest will be charged through December 31 of the next succeeding year. E. The city engineer and city clerk shall forthwith after October 1, 2009, but no later than October 15, 2009, 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 22n day of June 2009. Packet Page Number 98 of 188 Agenda Item K6 Attachment 2 COUNTY ROAD D STREET IMPROVEMENTS (MCKNIGHT TO LYDIA) PRELIMINARY ASSESSMENT ROLL CITY PROJECT 08 -20 PARCEL ID TAXPAYER STREET NUMBER STREET MULTI- FAMILY FRONT FOOTAGE NUMBER OF RESIDENTIAL UNITS WATERMAIN ASSESSMENT STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 012922210034 DENNIS M FALVEY 3009 BELLAIRE AVE N 1 $0.00 $6.000.00 $6,000.00 012922120010 ANTHONY J MACKENROTH 3012 BELLAIRE AVE N 1 $0.00 $6.000.00 $6,000.00 012922210035 ORDELL W VANOVERBEKE TRUSTEE 3015 BELLAIRE AVE N 1 $0.00 $6,000.00 $6,000.00 01 29221 20 009 PEGGYAZAHRADKA 3020 BELLAIRE AVEN 1 $0.00 $6,000.00 $6,000.00 012922210036 MARIANN L AMUNDSON 3023 BELLAIRE AVE N 1 $0.00 $6.000.00 $6,000.00 012922210037 SHENG LOR XIONG 3027 BELLAIRE AVE N 1 $0.00 $6.000.00 $6,000.00 012922120008 RONALD D SELLIE 3028 BELLAIRE AVE N 1 $0.00 $6.000.00 $6,000.00 012922210038 DENNIS J HENK 3035 BELLAIRE AVE N 1 $0.00 $6,000.00 $6,000.00 012922120007 ARTHUR D STROBEL 3036 BELLAIRE AVE N 1 $0.00 $6.000.00 $6,000.00 012922210039 MATTHEW E STOHR 3043 BELLAIRE AVE N 1 $0.00 $6.000.00 $6,000.00 012922120006 SANDRA LETOURNEAU 3044 BELLAIRE AVE N 1 $0.00 $6.000.00 $6,000.00 012922210040 WILLIAM H SCHWEIGERT 3051 BELLAIRE AVE N 1 $0.00 $6,000.00 $6,000.00 012922120005 MICHAEL L HAWKES 3052 BELLAIRE AVE N 1 $0.00 $6.000.00 $6,000.00 012922210041 NANCIE J DEGROAT 3059 BELLAIRE AVE N 1 $0.00 $6.000.00 $6,000.00 012922210102 KENDALL G COOK 3069 BELLAIRE AVE N 1 $990.00 $6.000.00 $6,990.00 012922210101 NORTH SUBURBAN CO 3111 BELLAIRE AVE N 94 $1,86t20 $11,280.00 $13,141.20 012922210100 RICHARD J SCHREIER JR 3117 BELLAIRE AVE N 94 $1,86120 $11.280.00 $11141.20 012922220063 KENNETH R SCHERKENBACH 2266 COUNTY ROAD D E 1 $0.00 $6.000.00 $6,000.00 012922220062 ANTHONY R STEWART 2278 COUNTY ROAD D E 1 $4.960.00 $495.00 $6.000.00 $11,455.00 012922220061 JUDY L GARSCIA 2280 COUNTY ROAD D E 1 $4,960.00 $990.00 $6,000.00 $11,950.00 012922220096 LARRY A RUITER 2292 COUNTY ROAD D E 5 $24,800.00 $0.00 $30,000.00 $54,800.00 012922220101 JOSEPH M HOUCK 2326 COUNTY ROAD D E 1 $4.960.00 $0.00 $6.000.00 $10,960.00 012922220092 LAURA LEE FARINELLA -SCOTT 2334 COUNTY ROAD D E 1 $4.960.00 $990.00 $6.000.00 $11,950.00 012922220099 SIMON PEREZ 2354 COUNTY ROAD D E 1 $4,960.00 $0.00 $6,000.00 $10,960.00 012922220097 SIMON PEREZ 2360 COUNTY ROAD D E 1 $4,960.00 $0.00 $6.000.00 $10,960.00 012922220001 DAVID L SEIDEL 2370 COUNTY ROAD D E 1 $990.00 $6.000.00 $6,990.00 012922210078 JOHN P SCHOENECKER 2378 COUNTY ROAD D E 1 $990.00 $6.000.00 $6,990.00 012922210079 DONNA M MCCORMACK 2384 COUNTY ROAD D E 1 $990.00 $6,000.00 $6,990.00 012922210080 CHUE LEE 2390 COUNTY ROAD D E 1 $990.00 $6.000.00 $6,990.00 012922210081 SUSAN M SCHMIDT 2396 COUNTY ROAD D E 1 1 $990.00 $6.000.00 $6,990.00 012922210082 KAYODE S ODUYEMI 2408 COUNTY ROAD D E 1 $990.00 $6.000.00 $6,990.00 012922210099 THOMAS J GAMBLE 2484 COUNTY ROAD D E 1 $990.00 $6,000.00 $6,990.00 012922210105 LARRY J THEPAMES II 2429 GALL AVE E 1 5990.00 $6.000.00 56,990.00 TOTALS 188 1 35 1 $54,560.00 $15,107.40 $232,560.00 $302,227.40 TOTAL = $302,227.40 2009 ASSESSMENT RATES: RESIDENTIAL FULL STREET RECONSTRUCTION = $6.0001RESIDENTIAL UNIT RESIDENTIAL STORM SEWER = $9901RESIDENTIAL UNIT MULTI- FAMILY FULL STREET RECONSTRUCTION = $120.001FRONT FOOT MULTI- FAMILY STORM SEWER = $19.80/FRONT FOOT WATERMAIN ASSESSMENT = $4,960JRESIDENTIAL UNIT NOTES: WATERMAIN ASSESSMENT RATE REPRESENTS THE 2009 RATES FOR CASH CONNECTION CHARGE AND THE CHARGE FOR A WATER SERVICE WITH NEW MAIN CONSTRUCTION EXHIBIT 10 Packet Page Number 99 of 188 Agenda Item K6 Attachment 3 I VE. CD 1. N. BARTELMY LN. 8 2. N. CHIPPEWA CT. 3. BRENWOOD CV. fi94 COUNTY ROAD ID • • o GALL �-' AV B RENNER AVE Q 3 4 <1 LYDIA i , I 4� > P/ r st AVE. < Park STANDRIDGE PROPOSED 2009 STREET IMPROVEMENTS AVE. ul w P�' o m M NO SCALE U) Lu County Road D Improvements MAPLEWOOD, MINNESOTA Packet Page Number 100 of 188 CITY PROJECT 08-20 0 Agenda Item K6 2 Attachment 4 ASSESSMENT HEARING OBJECTION FORM,:_ Street IMPROVEMENTS PROJECT 08 - 20 Address of assessed parcel 2484 County Road D E Property identification number: 0 1 - 2 9- 2 2- 2 1 - 0 0 9 9 (12 digit number) Do you wish to address the city council tonight? ❑ ❑x Yes No 41 . Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request that the city council consider (check one): a. ❑ Deferral of assessment b. ❑ Senior citizen deferment (over 65 years of age) C. x❑ Cancellation of assessment d. ❑ Revision of assessment Reason for the request: My wife and i are both disabled. Our only source of income is Social Security disability. Thomas Gamble Print Name 2 , p 5 -29 -09 Signature Date 2484 County Road D E, Maplewood, Mn. 55109 ( 651 779 -8729 Address of Property Owner Zip Telephone Packet Page Number 101 of 188 ASSESSMENT HEARING OBJECTION FORM Q-6 b . -Ut IMPROVEMENTS PROJECT -_2L6 Address of assessed parcel Property identification number: (12 digit number) Do you wish to address the city council tonight? L!1 El Yes N o Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request that the city council consider (check one): a. ❑ Deferral of assessment b. ❑ Senior citizen deferment (over 65 years of age) C. 19' Cancellation of assessment d. ❑ Revision of assessment Reason for the request: r i Cell VC? Y�j r r C-!�--Lt yl "c� Print Name 2 ?59 � QA-tri *CJ ' �-. M Address of Prope Owner YI fn1 2 `7 o c. 1 Signature Date ,��bc� ) `jL4Z -5 Zip Telephone Packet Page Number 102 of 188 0 � 1 Address of assessed parcel 'Z5'59 C,. PLI �. Property identification number: - 2y - 2 2- _2_2 - 9cl (12 digit number) Do you wish to address the city council tonight? L✓J ❑ Yes No Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request that the city council consider (check one): a. ❑ Deferral of assessment b. ❑ Senior citizen deferment (over 65 years of age) C. [a Cancellation of assessment C b 0 4'h Ci.l t t r UL LL fay o� octo Print Name Signature Date Address of Propert§ Owner '55 ( ) Lj H - ZIPS Zip Telephone Packet Page Number 103 of 188 Agenda Item K6 Attachment 4 ASSESSMENT HEARING OBJECTION FORM IMPROVEMENTS PROJECT 0 ?- �;—' Address of assessed parcel - / x - , Property identification number: (12 digit number) Do you wish to address the city council tonight? ❑ Yes A No Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request that the city council consider (check one): a. ❑ Deferral of assessment b. Senior citizen deferment (over 65 years of age) C. ❑ Cancellation of assessment d. ❑ Revision of assessment Reason for the request: �4,1L 4 Z! �, ---, - , Print Name Signature Date 4 Address of Property Owner Zip Telephone Packet Page Number 104 of 188 Agenda Item K6 Attachment 4 ASSESSMENT HEARING OBJECTION FORM IMPROVEMENTS PROJECT - Address of assessed parcel J -3 1 d U, 1 Property identification number: - - -?- ('12 digit number) Do you wish to address the city council tonight? ❑ ❑ Yes No Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request that the city council consider (check one): a. ❑ Deferral of assessment b. Senior citizen deferment (over 65 years of age) C. ❑ Cancellation of assessment d. ❑ Revision of assessment Reason for the request: :/ Agenda Item K6 Attachment 4 ASSESSMENT HEARING OBJECTION FORM ❑ol"J. A,�aJ �--> IMPROVEMENTS PROJECTO? -.9-b Address of assessed parcel 30&n Z 1ZM Q,t re. AV1 Property identification number: a - 2 ? -2j -c� 1 0a (12 digit number) Do you wish to address the city council tonight? ❑ Yes No Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request that the city council consider (check one): a. IA Deferral of assessment b. ❑ Senior citizen deferment (over 65 years of age) C. ❑ Cancellation of assessment d. Revision of assessment Reason for the request: IV- a00 Address of Property Owner ;r Zip Telephone Packet Page Number 106 of 188 V Agenda Item K6 Attachment 4 ASSESS_ MENT HEARING OBJECTION FORM Rd b IMPROVEMENTS PROJECT L- r Address of assessed parcel - t./ , / !(;C Property identification number: -4 — 0 _ y (12 digit number) Do you wish to address the city council tonight? ❑ Yes No Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request that the city council consider (check one): a. ❑ Deferral of assessment b. ❑ Senior citizen deferment (over 65 years of age) C. 51 Cancellation of assessment d. ❑ Revision of assessment Reason for the request: POD N Print Name Address of Property Owner I Signature Date 0-0 66 - 7 `7- J J Zip Telephone Packet Page Number 107 of 188 Tf Agenda Item K6 Attachment 4 ASSESSMENT HEARING OBJECTION FORM T Lf , __ IMPROVEMENTS PROJECT Address of assessed parcel Property identification number: (12 digit number) Do you wish to address the city council tonight? ❑ ❑ Yes No Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request that the city council consider (check one): a. ❑ Deferral of assessment b. ❑ Senior citizen deferment (over 65 years of age) C. ❑ Cancellation of assessment d. ❑ Revision of assessment 4o) LZt e) 1 5� , Address of Property bwner Zip Telephone Packet Page Number 108 of 188 0 Reason for the request: Agenda Item K6 Attachment 4 ciss es�ln 0&� V;f) Agenda Item K7 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer SUBJECT: Holloway Avenue and Stanich Highlands Area Improvements, City Project 09 -13, Resolution Accepting Preliminary Report and Calling Public Hearing for July 13, 2009 DATE: June 15, 2009 INTRODUCTION The feasibility study is complete and is available in the office of the City Engineer for the project referenced above. The study includes information on the proposed improvements, proposed financing and probable assessments. The council will consider accepting the feasibility study and ordering a public hearing. BACKGROUND The proposed project area is illustrated on the attached project location map and consists of the Stanich Highlands area (Ripley Avenue, Kingston Avenue, Price Avenue, Hazel Street, Stanich Place, and Ruth Street) north of Larpenteur Avenue and southeast of North St. Paul Road; and of Holloway Avenue from North St. Paul Road to McKnight Road. Staff has been coordinating with North Saint Paul staff since Holloway Avenue is a border street. Street and utility improvements for these street segments have been listed in the City's Capital Improvement Plan (CIP) for 2009 -2013. Approximately 1.7 miles of street are proposed to be reconstructed or resurfaced as a part of this project. Holloway Avenue between Beebe Street and Furness Street is in better condition than other streets in the project area and is proposed to be improved by bituminous mill and overlay. All other street segments are proposed to be fully reconstructed. Concrete curb and gutter is proposed along all streets. On streets with existing concrete curb and gutter, curb and gutter spot repair is proposed in areas not requiring full curb construction. It is proposed that existing street widths will be maintained, except in areas where the street width exceeds 32 feet, in which case a 32 -foot width is proposed. There is existing storm sewer along segments of the project area. New storm structures and storm sewer pipe will be needed to accommodate the new curb and gutter construction and potential changes in roadway width. Repairs will be made to existing structures and pipe as needed. Repairs to the sanitary sewer system are proposed as identified through televising of the mainline and services. Due to a significant number of water main breaks in the Stanich Highlands area, water main in this area is proposed to be fully replaced at the cost of SPRWS. The residents in the Stanich Highlands and Holloway Avenue neighborhoods have been contacted via mailings and have been informed about the City's proposed street reconstruction. Residents with questions regarding the mailing were encouraged to call the Public Works Department. A neighborhood meeting will be held on the evening of June 16, 2009 at the Maplewood Community Center. Packet Page Number 110 of 188 Agenda Item K7 BUDGET The total project budget as reported in the feasibility study is $3,870,000. The project budget detailed in the City's CIP is $3,220,000. The budget is higher than the capital improvement plan due to the addition of watermain replacement at the request of St. Paul Regional Water Services and North St. Paul. It is recommended that council approve the preliminary budget below and authorize the city's consultant engineer, Kimley Horn and Associates to begin the preparation of the plans and specifications. The following is a summary of the preliminary financing plan for the project. Financing Source Amount City of Maplewood — G.O. Improvement Fund $ 1,203,737 City of Maplewood Street Assessments $ 686,013 City of Maplewood Storm Assessments $ 74,250 City of Maplewood Sanitary Sewer Utility Fund $ 94,000 City of Maplewood M.S.A. — Bonds $ 434,500 City of Maplewood WAC Funds for St. Paul $ 45,300 City of Maplewood Environmental Utility Fund $ 152,000 City of North St. Paul Street Assessments $ 129,868 City of North St. Paul Funds $ 342,632 SPRWS Funds $ 621,700 Ramsey County Funds $ 56,000 Maplewood Driveway Replacement Program $ 30.000 Total $ 3,870,000 RECOMMENDATION It is recommended that the city council approve the attached resolution accepting the report, authorizing the preparation of plans and specifications, and calling for a public hearing for 7:00 p.m. on Monday, July 13, 2009. Attachments: 1. Resolution 2. Location Map 3. Executive Summary Packet Page Number 111 of 188 Agenda Item K7 Attachment 1 RESOLUTION ACCEPTING REPORT, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the Council adopted June 2n , 2009, a report has been prepared for the Holloway Avenue and Stanich Highlands Area Improvements, City Project 09 -13, and this report was received by the Council on June 22n 2009, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost- effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $3,870,000. 2. The city's consultant, Kimley Horn and Associates, is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The finance director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A budget of $3,870,000 shall be established for the project. The proposed financing plan is as follows: Financing Source Amount City of Maplewood — G.O. Improvement Fund $ 1,203,737 City of Maplewood Street Assessments $ 686,013 City of Maplewood Storm Assessments $ 74,250 City of Maplewood Sanitary Sewer Utility Fund $ 94,000 City of Maplewood M.S.A. — Bonds $ 434,500 City of Maplewood WAC Funds for St. Paul $ 45,300 City of Maplewood Environmental Utility Fund $ 152,000 City of North St. Paul Street Assessments $ 129,868 City of North St. Paul Funds $ 342,632 SPRWS Funds $ 621,700 Ramsey County Funds $ 56,000 Maplewood Driveway Replacement Program $ 30,000 Total $ 3,870,000 4. A public hearing shall be held on such proposed improvement on the 13th day of July, 2009 in the Council Chambers of City Hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Packet Page Number 112 of 188 &MM= UFFR -me WE - - - - - ------- Kn�e H- ad AVE. AVE. � - 4�h <� o� N, 0 RT 4 G AVE e COPE A "VE. I ' Ith L� Z 3rd A < PENN _j LARK AVE. L'i rn� > ST PA L PL. 2nd I , 9 < LAURIE RST AVE, LAURIE _j < < U, RD. � 1 0 I , '�) PO < N1 - < - L 376 AVE. V W I-- Jam' <' : SANDHU� RS E_z� 25 SOUTH 10 B CIO� R 1). > < . BURKE AVE. BURKE - AVE C RKE L L , , _ _ - L T DRIDG I L ELD RIDGE AVE. I LLJ 64 TER A VE. I N BEI LM ONT�­ L ��L: MONT AV E AV- , o M < > SK 11 LL HA R R: q A E� PROJECT SKILL VAN A VE� 11� 9 SHRYER AVE. ROSEWOOD AVE. N SHRYER - AVE, WO A. RYAN < LOCATION A ROOSEWOO D AV AVE 0 o COWERN L W A VE.. HOLL {}WAY IAVE. 0)8 TIER NEY F-� V 0 �j SU M ME E �j AVE, Li DO�lv I KNOL 150 < :�E, AVE. k f z > RIPLEY AVE. R1 EY -7 KINGSTON Y U, C --- KING TC7N AVE. AVE. 0 0 PRICE U AVE 6 Li 'n < - , __ M 3� � 29 -Z _j Uj 01 < Lj 064 LARPENTIEUR OR NI C LIF AVE I­_ V) 0 DAH 0 E. DAHE) AVE. >_ I nf Cr < W �nf w IOWA ts t E. AVE. -------- LE Ili HOYT� /AVE.� < A E. HOYT AVE. \A �NNAI MONK ----------- I V ON' T A N A -F -�­ < z E. MONTANA 0 AVE IF E. NEBRASKA AVE, E C NEBRASKA NEVADA A VE. o w A VE_ D E ARLINGTON AVE. < AVE. S dERWOOD AVF. ARLINGTON D - - -- ------ D Cn E. COTTAGE 1 AVE. T, _j E CLEAR A VE. z Trader U Court E. IVY A VE. �o - -� d. HY S D W AVE: CD 'A O' t I 1\ 6 City of Maplewood, Minnesota Department of Public Works Engineering Division ........... ....... .... .... ........... ... .......... PROJECT LOCATION MAP NORTH STREET IMPROVEMENTS CITY OF MAPLEWOOD CITY OF NORTH ST. PAUL Packet Page Number 113 o gXHIBIT 1 Agenda Item K7 Attachment 3 CITY OF MAPLEWOOD STANICH HIGHLANDS AND HOLLOWAY AVENUE IMPROVEMENTS MAPLEWOOD CITY PROJECT 09 -13 NORTH ST. PAUL S.A.D. 09 -07 EXECUTIVE SUMMARY This Feasibility Study and Report has been prepared for the Stanich Highlands and Holloway Avenue Improvements, Maplewood City Project 09 -13, North St. Paul S.A.D. 09 -07. The proposed project includes the following improvements: Full reconstruction of the following streets to include removal and replacement of existing bituminous pavement, concrete curb and gutter construction, and subgrade correction as necessary. o Price Avenue o Kingston Avenue o Stanich Place o Hazel Street from Price Avenue to Kingston Avenue o Ruth Street from Larpenteur Avenue to Kingston Avenue o Holloway Avenue from Furness Street to McKnight Road Partial reconstruction of the following streets to include removal and replacement of bituminous pavement, and subgrade correction as necessary. Existing concrete curb and gutter is generally proposed to remain in place except for areas requiring spot repair. o Ripley Avenue o Hazel Street from Kingston Avenue to Ripley Avenue o Ruth Street from Kingston Avenue to Ripley Avenue o Holloway Avenue from N. St. Paul Road to Beebe Road Mill and overlay of existing bituminous pavement on Holloway Avenue from Beebe Road to Furness Street. Sidewalk construction on the north side of Holloway Avenue from North St. Paul Road to Beebe Road and from Furness Street to McKnight Road. Concrete sidewalk is proposed to connect to existing sidewalk on the north side of Holloway Avenue between Beebe Road and Furness Street. Storm sewer and other storm water best management practices (BMPs) for runoff quantity and quality control. Storm sewer improvements are proposed to include catch basins and storm sewer pipe as needed in addition to existing storm sewer facilities. Existing storm sewer structures and pipe that are damaged or over capacity are proposed to be replaced as necessary. The construction of rainwater gardens and other storm water BMPs will be necessary to meet watershed infiltration requirements. Sanitary sewer repair as deemed necessary through televising and manhole condition assessments. Properties not currently serviced by sanitary sewer or properties which may be subdivided in the future will require additional sanitary service to be constructed as a part of this project. Water main replacement in the Stanich Highlands area and repair as deemed necessary from St. Paul Regional Water Services (SPRWS) break logs and water main condition assessments on Holloway Avenue. Properties not currently Packet Page Number 114 of 188 Agenda Item K7 Attachment 3 serviced by water main or properties which may be subdivided in the future will require additional water main service to be constructed as a part of this project. The estimated costs for the proposed improvements are detailed below. These costs include a 10% construction cost contingency and a 25% allowance for indirect costs. Proposed Improvement Estimated Cost Street Improvements Stanch Highlands Area $ 1,605,000 Holloway Avenue $ 618,000 Storm Sewer Improvements Stanich Highlands Area $ 539,000 Holloway Avenue $ 251,000 Sanitary Sewer Improvements Stanich Highlands Area $ 65,000 Holloway Avenue $ 29,000 Watermain Improvements Stanich Highlands Area $ 629,000 Holloway Avenue $ 104,000 Driveway Replacement Program $ 30,000 Total Project Cost $ 3,870,000 The improvements are proposed to be financed through a combination of special assessments to benefiting properties, Municipal State Aid (MSA) funds, WAC funds, other City of Maplewood funds, and City of North St. Paul funds. The following is a summary of the estimated funding amounts from each of the proposed financing sources: Financing Source Amount City of Maplewood — G.O. Improvement Fund $ 1,203,737 City of Maplewood Street Assessments $ 686,013 City of Maplewood Storm Assessments $ 74,250 City of Maplewood Sanitary Sewer Utility Fund $ 94,000 City of Maplewood M.S.A. — Bonds $ 434,500 City of Maplewood WAC Funds for St. Paul $ 45,300 City of Maplewood Environmental Utility Fund $ 152,000 City of North St. Paul Street Assessments $ 129,868 City of North St. Paul Funds $ 342,632 SPRWS Funds $ 621,700 Ramsey County Funds $ 56,000 Maplewood Driveway Replacement Program $ 30,000 Total $ 3,870,000 The following is a proposed schedule for the project if the City Council votes to proceed: Maplewood City Council Receives Feasibility Report, June 22, 2009 Calls Public Hearing, and Authorizes Preparation of Plans and Specifications North St. Paul City Council Receives Feasibility Report, July 7, 2009 Calls Public Hearing, and Authorizes Preparation ii Packet Page Number 115 of 188 Agenda Item K7 Attachment 3 of Plans and Specifications Maplewood Public Hearing North St. Paul Public Hearing, City Council Approves Plans and Specifications, and Authorizes Ad for Bid Maplewood City Council Approves Plans and Specifications, and Authorizes Ad for Bids Bid Opening Maplewood Assessment Hearing and City Council Awards Contract North St. Paul City Council Concurs with Contract Award Start Construction Construction Complete North St. Paul Assessment Hearing July 13, 2009 July 21, 2009 July 27, 2009 August 19, 2009 August 24, 2009 September 1, 2009 September 8, 2009 July 2010 Summer 2010 Based upon the analysis completed as a part of this report, the proposed Stanch Highlands and Holloway Avenue Improvements, Maplewood City Project 09 -13, North St. Paul S.A.D. 09 -07 are feasible, necessary, and cost effective, and would benefit the City of Maplewood and the City of North St. Paul. ill Packet Page Number 116 of 188 Agenda Item K8 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner SUBJECT: Consider Denial of Application of Lot Split for Richie Place APPLICANTS: Lauren Development and Company LOCATION: South of Labore Road and East of Arcade Street DATE: June 15, 2009 INTRODUCTION Lauren and Company Development has been proposing to develop 16 single - family detached homes in Maplewood and Little Canada. Thirteen lots would have been within Little Canada, south of Labore Road. The remaining three lots would be in Maplewood, northwest of the Kohlman Marsh Open Space. Phil Soby, of Lauren and Company Development had previously agreed to reduce the number of lots within Maplewood from three to two. The applicant's preliminary plat approval for the Little Canada portion of the project has lapsed. A letter from the City of Little Canada indicating the lapse of approval is attached to this report. The City of Little Canada has since revised its single - family dwelling development requirements which require larger minimum lot sizes and lot widths. Any future development proposals for the Little Canada portion of the project would require a new application as well as applying the new, revised lot design standards. Since the Little Canada portion of the Richie Place development is no longer feasible, there is no reason to approve the lot split proposed in Maplewood. Any new development proposal for the Richie Place parcel in Maplewood would require a new application which would start the development review process over. At this time Mr. Soby is not proposing to pursue any further development of this area. BACKGROUND On January 26, 2009, the city council tabled review of the Richie Place lot split. Council directed staff to research past meeting minutes to see whether the previous owner of the Richie Place property had ever expressed wishes that this property be designated as open space and not be left available for future development. The council also wanted to table this matter until action on the comprehensive plan update took place. The council submitted the draft comprehensive plan update to the Metropolitan Council on June 1, 2009. Staff's Findings Staff researched minutes and former planning applications for the Richie Place property dating back to the early 1980s. On February 13, 1984, the city council approved the Gervais Overlook preliminary plat (see attachment), a 20 -lot single dwelling plat, on the land that now consists of the Hidden Marsh Preserve and the single - family dwelling at 2870 Arcade Street. As part of that plat, Beam Avenue was proposed to be extended east from Arcade Street to provide access to the Richie Place parcel. The final plat for this development was never approved or recorded and on September 27, 1993, the city council ended the preliminary plat approval. Packet Page Number 117 of 188 William Richie purchased the subject property from Jerome Manes in June 1984. Subsequent to the purchase, the City of Maplewood sent a letter dated December 31, 1984 to Mr. Richie indicating that the city preferred that access to the Richie site be provided from Arcade Street via an extension of Beam Avenue. Staff feels that it was the council's intention that access to the Richie property should be via the Beam Avenue alignment from Arcade Street as shown on the Gervais Overlook preliminary plat and evidenced in the follow up letter. On May 23, 1994, the city council gave special approval to Gilbert Regnier to split his lot and create a parcel that did not have any street frontage. This special approval included a driveway agreement to serve 2870 Arcade Street, which is now owned by John and Jolene Gores. It allowed the .75 acre property to be separated from the balance of the property which is now the Hidden Marsh Preserve owned by the city. At that time, Mr. Richie requested that he wanted to have access provided from Arcade Street to the east. The city attorney supported the fact that the city should provide access to this property and that denying access would be expose the city to a takings claim. The city then approved a 60 -foot driveway easement to provide access to 2870 Arcade Street. The conditions of approval stated the city may change the driveway agreement for another house or if a plat with a public street were approved. The city council minutes of this approval and an excerpt of the staff report are attached to this report. This data shows that steps were taken to ensure access was provided to the Richie Place parcel. On October 14, 1996, the City of Maplewood purchased the property that now makes up the Hidden Marsh Preserve. Maps that were included during the purchase process clearly showed that only the Hidden Marsh Preserve and Ramsey County -owned Open Space area to the east were intended to be re- guided as Open Space by the comprehensive plan. All previous comprehensive plans show that area guided for single dwelling type development. The maps that were included with those reports are attached. Staff reviewed the planning commission minutes and listened to city council meeting recordings from 1994 through 1996 at which Mr. Richie spoke. Conclusion There is no evidence or record that Mr. Richie ever said that he intended to keep his land as open space. It was evident throughout the discussion of the various issues relating to that area, that the city intended to ensure access to the Richie parcel. DISCUSSION Mr. Soby told staff that since the City of Little Canada's approval of his preliminary plat had lapsed, he would no longer be seeking approval for the lot split in Maplewood. Staff is recommending council deny the lot split because all utilities and access to the proposed lots were to be provided by the Little Canada portion of the development. Since that portion of the development is no longer approved by Little Canada the proposed lots in Maplewood are no longer accessible. Staff is not asking council to take action of the comprehensive plan amendment because that was not an applicant- initiated application but rather an inconsistency between future land use and zoning that staff had identified during the 2030 comprehensive plan update process. 2 Packet Page Number 118 of 188 RECOMMENDATION Deny the lot split request to divide the 2.24 acre lot located south of Labore Road and East of Arcade Street. This lot split denial is based on the following reasons: a. Preliminary plat approval for the Little Canada portion of the Richie Place development has lapsed and any new development for that area would require a new application that would be subject to Little Canada's revised single dwelling zoning requirements. b. The Maplewood portion of the Richie Place project was to receive all of its access and utilities from Little Canada and was inherently dependent on the Little Canada portion of the proposed development. Since preliminary plat approval no longer exists in Little Canada it deems the Maplewood portion of the development inaccessible. 3 Packet Page Number 119 of 188 REFERENCE INFORMATION SITE DESCRIPTION Existing Use: Undeveloped SURROUNDING LAND USES North: Undeveloped Lot in Little Canada East: Kohlman Marsh Open Space South: Kohlman Marsh Open Space West: Single- Family House and Neighborhood Preserve PLANNING Land Use: OS — Open Space Zoning: R1 —Single Dwelling Application Date The city received the complete application for lot division request on August 25, 2008. The initial 60 -day review deadline was October 23, 2008. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary in order to complete the review of an application. The revised, extended deadline for the city to complete the review and take action on the request was December 22, 2008. At the December 8, 2008 city council meeting the applicant Phil Soby, of Lauren and Company Development, verbally agreed to extend the deadline to review this application to January 26, 2009. At the January 26, 2009 city council meeting, the city attorney determined that the city had the right to table a decision until the Metropolitan Council formally accepted the comprehensive plan update. P:\SEC4 \Richie Place - Lot Split\Richie Place_CC_062209.doc Attachments: 1. January 26, 2009 City Council Minutes 2. Letter from Little Canada Confirming Lapse of Preliminary Plat Approval, dated June 1, 2009 3. Location Map 4. Zoning Map 5. Future Land Use Map 6. Shoreland Overlay Map 7. Richie Place Preliminary Plat, dated August, 20, 2008 8. Excerpt from staff report on driveway easement, dated May 10, 1994 9. Maps from staff report on land use change for Hidden Marsh Preserve, dated September 4, 1996. 10. Gervias Overlook Preliminary Plat, dated February 13, 1984. 4 Packet Page Number 120 of 188 Attachment 1 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, January 26, 2009 Council Chambers, City Hall Meeting No. 02-09 Richie Place, South of Labore Road and East of Arcade Street. Action Requested: a. Comprehensive Land Use Plan Amendment from OS, Open Space to R1 Single Dwelling Residential b. Lot Division i. Parks and Community Development Director, DuWayne Konewko introduced the item and made some announcements regarding the project. ii. Planner, Mike Martin gave the presentation and answered questions of the council. iii. City Attorney, Alan Kantrud addressed and answered questions of the council. iv. Civil Engineer 11, Steve Kummer addressed and answered questions of the council. V. Phil Soby, Lauren & Company Development, 5865 Neal Avenue, Stillwater, addressed and answered questions of the council. vi. Harland Hess, Planning Commissioner, 2007 Clarence Street, Maplewood gave the planning commission report. Mayor Longrie opened the discussion up for public comment. 1. Tom Roycraft, 2910 Arcade Street, Little Canada. 2. Gary Kuam, 2934 Labore Road, Little Canada. 3. David Himmelbach, 2970 Labore Road, Little Canada. 4. William Hanson, 2836 Keller Parkway, Maplewood. 5. John Gores, 2870 Arcade Street, Maplewood. 6. Joleen Gores, 2870 Arcade Street, Maplewood. 7. Bob Zick, 2515 White Bear Avenue, Maplewood. Mayor Longrie closed the discussion to public comment. Councilmember Rossbach moved to table any further action on this agenda item until such fire_ e that the city staff gets the final approval from the Met Council on the Comprehensive Plan. Seconded by Mayor Longrie. Ayes — Mayor Longrie, Councilmembers Hjelle, Rossbach Npys — Councilmembers Juenemann & Nephew The motion to table passed. Councilmember Rossbach moved that after the city council receives information regardin whether the landowner of the property, Mr. Richie, wanted the land to be open gpace, and the Packet Page Number 121 of 188 council has had a chance to review it, that no further testimony shall be heard and the council will confine the discussions and deliberations to the new information. Seconded by Councilmember Juenemann. Ayes — Councilmembers Juenemann, Nephew & Rossbach Nays — Mayor Longrie Councilmember Hjelle The motion passed. Packet Page Number 122 of 188 Attachment 2 eG el Y GG &IZL ela 515 Little Canada Road, Little Canada, MN 55117-1600 (651) 766-4029 / FAX: (651) 766-4048 wwwxi.little-canada,nm.us June 1, 2009 Mr. Tom Ekstrand Senior Planner City of Maplewood 1830 County Road B East Maplewood, MN 55109 RE: Preliminary Plat — Richie Place Dear Mr. Ekstrand: RECEIVED 10 MAYOR Bill Blesener COLWCIL Rick Montour John Keis Michael McGraw Shelly Boss ADAIMSTRATOR Joel R. Hanson Please be advised that the City of Little Canada's Preliminary Plat approval for Richie Place has lapsed. Therefore, the development process for this property will have to start over and will be subject to the City's revised Single-Family Residential {R -1) platting standards. Should you have any questions, contact me at 651-766-4040. Sincerely, Joel anson r ity Administrator cc: Phil Soby, Lauren Development Packet Page Number 123 of 188 Attachment 3 �' � Ke, Location Map City of Maplewood NORTH June 15, 2009 Packet Page Number 124 of 188 Attachment 4 Zoning Map City of Maplewood NORTH June 15, 2009 Packet Page Number 125 of 188 Attachment 5 tea_ ......... , sac y; Future Land Use Map City of Maplewood NORTH June 15, 2009 Packet Page Number 126 of 188 Attachment 6 Shoreland Overlay City of Maplewood NORTH June 15, 2009 Packet Page Number 127 of 188 : \epp02\5103-003N5103-00�sn\5,103-003-PRELIM,dwg, 8120/2008 9:33;56 AM Attachment 7 PREPARED FOR L rl Co. Davoopment Ltd, PO Box 837 Laka Elmo, MN 55042 (651) 351-750D PREPARED BY: AUTH CONSULTING ASSOCIATES 21920 ENLOE STREET HUDSON. M $4016 SUITE 101 (715) 381-5277 PREPARED BY- S&N LAND SURVEYING 2920 ENLOE STREET SUITE 101 HUDSON, VA 54016 (715) 388 -2007 PROPERTY DESCRIPTION- (Frnma Chicagu Title insurance Conspany CahnndtmcntNa. 10494) P-41 A: Tinnpan af,bm S-alh-W Quarter -fthe Northwest Quatttr of Seanivn R, Township 29, Rust 21, d-fstd as I.H.- El.gi-img a .pastoto lmot 864.25 feet East (mms'hotj a t alh, taiilat,)tnfdt. W-11- ortald 8t,.ti.m4,thadp6tnn.i.g54124 fma, monh.ftht South line of said So-da-ta Q-to-fdam Northwest QnsVn then Numh 64 Jtgrm', 04 .4am. St --d, Emu 205 C..; than Nord, 25 degrees " amhmn,msOV ti-thi W,"I 40 finn; t hen N.,th 47d.g- 41 minuets 14-hda W.1135.90 feet in ". Rahihm,ly oth-f-tty fLab - Road; then N.,t] . . st Oy .1o.4 said ot,af-ity I I its" AtIt W 1h East tin. . I M f B. Wst 407 feet of gh, East A fib, Southwest Quarter .' 'h. N.on,,Qu va, the Shoth, alaog said line, l.S5&mtw the mSaute liv -f the So ,bw,,, Qoan.r of the N-h- Qnstur, thin WtnL along said fine, 467 isam ,hmm,Nmnh, 140 11.t; then East, 200,15 feet; then N-*401;i(l Feet to th, pons of beginning. H-tanq tf-f- 6m 11,11-ing; That part ofdme Soon tats Qm-m-f6m Northwest Q.-mr.M,4.m 4, Township Range 22, d-ftd as foll.- Batin.i.g in a p6aaah.li. 864.25 &.t Emas, (nomtsa-i as tight angles) of the West line of said Sovmom4, said phuhLaing 547.24 kv o­b ar ms. South It.. sont"'k Q` At -" t Qh-" 'hmm floo" 64 06'ahnimm, 51 .-dt Us,, 205 ,q th., N..h 25 ft-13 omihmumil)9 "thods W.9 40 fimt1,fi- N.01, 47 d,g,,cs 41 thinutta 14 -nds To- 135.913 Ima to the Southerly ,igh-Fway afLh- Road; then N-lammumly along said 'iSh-f-w.y 3 1 0 .88 f ct to so, East lint ofao. West 467 fita oCamm East 172 of the Smd-st Q,assmr .f,b, Narn-oQns"", also htit hinImm poim n£ b.ginaing of dhc land wbmdm ... bmd: in'. Sothis 231.1 t feet, along said lima; Then North 31 degrees 41 MiAnw, 47 a .... ds wen fim" " atm Siant-ty4gla-hiway mft.homm Road; that Nhob IS kjpsts 18 on-am, 13 st ... d, East, A'ng said 6gh,.f- &m ..y 17a.79 County of Ram sey. Stale of Parcel JT NORTATMT AC� 411. 4 That pan of the S-h- Qatunth o ibm North -3 QU- oFS-6. 4, Township 29, Road ..d the east limm mf.ia -1 864 25 f-flhm S.,d-1Qo-fhh Range 2 2 , d.mdbsd.1 BstIetan; It tt pofron a that 864,25 &m, Fast RIM Gn.asurmd at right angles} of the Wtsh line afraid Becton 4, said pahtt being 547.24 f t UEP7li hh.h fth- 80.1h line of 1.0 Southw Q..A.r aftlamlatoth-1 Chomeri swo Nana along said cast lint of the west 864,25 feet, 144.64 feet to the ponLefbognming thal 06 thio.- 51 se conds F ets ., 205 f:.; ht., Nann 25 deg rees 54dt "' Ji minutes 09 - - ------------- seco nds - ms, 41 f.1; m Nadia 47 d.tp- 41 namatma 14 thm,mad� Wt. 135.90 imam, a d g' R.h'hm'ly right- f-y of Lab- Rohl: amvm Staah..,,,ly along ham S.ath,dy County of R...y. Stmt a tMian.som, tight -of -way of.aid Labour ft..d to she joam-Ition tt. flat 864.25 f.1 P-1 fm.-d . IJ mm.it.mg{ts } .1`111m Wlsl lim, of Smmlimm 4; flaht South along said fin., to the paint of BXCtpT:(F- dss,,ib,d in Document #3909681 not vhhx in wassimnenk 10494} T]oI 11-111 of the Southwest Q-1 of 1hm N.Mhw..t Qn-17 S.R. 4, Township 20. Range 22, RA-y C.atny, Slitomms.th. deame,.d sa fn-: All c hat pan of 0--nk l,.t 1, Sshhh,A 4, T.S,.0hp 29, Romp 22, d-dbtd as follow,: C,naona,mlog Utgimmitig at . moon on the ..t lint a f1h. -9 864,25 fims and 547,24 to,, aA aft -11, hom of said Southwest Q-1m, mftfit Naaa-t Quarter of5misian 41 them. N.mh 44 dcgrcros 06 tria,act, 51 -od, Fast, Ast am b"fuid west 864,25 Esth. . on 'fit, Southerly uw.,iam ttfft Ww lamm fahm Fahgfmf6m 8.ihmn quouttrtn' assumed blar fNmrdh 00 dt,w- 59 minutes 59-.&Wary SSAWfimmq B'm. I C BUILDING SETBACK & EASEMENT DETAIL (CITY OF MAPLEWOOD)- STREET a-m-wly, 13 ' 63 k" . 'h. inams-sum fL.W. NORTATMT AC� 411. 4 UNCS Road ..d the east limm mf.ia -1 864 25 f-flhm S.,d-1Qo-fhh Northwest Quiuntr of Section 4; dionim, Smoot 00 Jgmt,39 mansms 58 seconds Easy /w along said cast lint of the west 864,25 feet, 144.64 feet to the ponLefbognming thal - - ------------- than m-i-ring, County of R...y. Stmt a tMian.som, . IJ (NOTE; Parcels A and B = ABSTRACT PROPERTY,} P-1 C: All c hat pan of 0--nk l,.t 1, Sshhh,A 4, T.S,.0hp 29, Romp 22, d-dbtd as follow,: C,naona,mlog at . point an We North line of .id Go-.., Lot 1, 300 fm W.1 a fth, N.nhsast Garner afraid 0-minamn, ran 1; n­ S.thw,,w,jy . a point on 'fit, Southerly uw.,iam ttfft Ww lamm fahm Fahgfmf6m 8.ihmn quouttrtn' I .h. ,,,= w., qu-tm, at Station 4, laid poin ltsamit $37 tat Smat of the llm. a Lot 1: long West ,,'t u .11.sa,td aid A line; thet.N.hl-g said W-lutt N.nh Tina Lot mfGmXum,o' A 1� Ifit- Etvj.g thtlf.nh It. of G-morn, L County fRaintm), Shatmof"ho-w. (NOTE! P-0 C is TORRENS PROPERTY; C.140immm.fTiflm Nt. 134199.) RWMWD WETLAND S MACK NORTATMT AC� 411. 4 UNCS 7 o-w rim SW41'20'W 20124t! I 70.0' Tis. 011 i CITY lop" _'-� \ �A \ N PLEA `0 r 4 I .," . 0 X --q M' 0M ---------- //QU r z FA 0 M (A 11 E w SCAM FROM OOMPVTED/ LOT r Tw LOT ;Sly I -QRAjNAZ & tMU" EiU (UNLEM GTHERYM NOTED) ....... •TDACK LINE PROPERTY ZONING: PROPERTY N CITY OF LITTLE CANADA ZONED:R1 ADJOINING PROPERTY ZOHED*R1 I' EROLL PROPERTY IN CITY MAPLEY40M ZONED: R1 Mi. WP ADJOINING PROPERTY ZONED-zRI AREA- RYNWD WEYLAND TOTAL AREA-334,2132 SO. FT./ 7.68 ACRES SMACK RIGHT OF WAY-85832 $0. FT./ 1.51 ACRES UNE$ TOTAL LESS RIGHT OF WAY-288,480/ 6,16 ACRES - 7', .. aR ........... it 01 /'/-j ............. EMI » 7 10 MANAGE A . . . . • . . -t BEARINGS ARE REFERENCM TO THE RAMSEY COUNTY O"DINATE SYSTEM. ELEVATIONS SHOVIN ARE NAVD 1288 FROM MNOOTCONTROL MONUMENTS AND DERIVED FROM GPS OBSERVATIONS (ORTHOMETRIC HEIGHTS USING GEOID 0-3). 3. THE FOLLOWING EASEMENTS ARE TO BE EXTINGUISHED WITH THE CREATION OF THIS PLAT, UPON RECORDING i THE FINAL PLAT: EASEMENTS IN DOC, 3529W 61ABL.�E V?DTN EASEMENTS IN DOC. 3529541 RAMAUC & UTUTY EASEMENT$ IN TORRENS DOC. 705039 4. LOTS 2-4 OF BLOCK 2 LIE WITHIN THE CITY OF MAPLEWOOD AND ARE SUBJECT TO REVIEW AND TEMPORARY APPROVAL BY THE CITY OF MAPLEWO= ALL OTHER CONSMOTION LOTS LIE Wl THE CITY OF LITTLE CANADA AND ARE EASEMENT FOR FUTURE ROAD SUBJECT TO REVIEW AND APPROVAL BY THE CITY OF E(TENSION LITTLE CANADA. 5. TEMPORARY CONSTRUCTION EASEMENTS ON LOTS 1&4 OF SL00 2 AND LOT 7 OF BLOM I TO BE VACATED UPON COMPLIMON OF FUTURE ADJACENT ROAD EXTENSIONS. " Ptl la FT,(; � CITY OF LITTLE CANADA SE OWNER OF RMM W1111 RAN= THE S'7! 1/4 Of O.'w Flm COUNTY KAM CAPV " , Olt --q� No GP WICT10M 4 I I - ? '1z RWMWD r f , i SETBACK LINE CK ' - -I- I WETLAND CITY OF MAPLEWOOD J SETBA //�� Uo.. LEGEND -I 9X fou"ll CAST Im COUNTY switCH CORNER MCHUMEMIt ` / j�/��f? � r f�; /��r'.` ��q' ..'. ".'" .'. , , _�. .',. - » , . „. Y � 'IET§8�6 FtgE: FOl" 5/r MAMIEM ROM rf . . . . . . . . . . . . A FOUND I ? . . . . . EXIS'PNQ... 3QUAM V�m XT 11' OUT&TIE IXAMETM BY 19' MANAGE 6 . LOW " 'R t o W000141 1.13 . . • jPd r // VETLAND & PER j% 0 . . . . . CAP. 044mi "a . . . . . . ratio e SQUAW QWW STOW MO"wr NTH DWI. H= IN com DRAMU'At EAs 96T a uwc NTAL AW%Q .... .... %RM4 W11BACR (SE OCTAL AWNE) . . . . . . Uum usumff (AS aim) . . . . . •. •. . . . . . . . . -------------- INEUMEATED WnAW GAYLY DEMONATED VIMAND $08ACK IMM"DiAlz CONT" ljiereby certify that this plant, Specification, or report was NO= CONTOUR yy prepared by me or under my direct supervision and that I am X 90,4 SPOT ELLYAMON a duly Licensed Land Surveyor under the laws of the State of HWE.880.70 IM RATER IDAVATION LOWIM VJKDM OPENM - THE LBO 660.70 1.04M ALL✓ OM WROM OR DOOR M"ATM, License No. 45351 Date BUILDING SETBACK & EASEMENT DETAIL (CITY OF LITT} E CANADA): - •'" -- /w - - ------------- . IJ LEGEND -I 9X fou"ll CAST Im COUNTY switCH CORNER MCHUMEMIt ` / j�/��f? � r f�; /��r'.` ��q' ..'. ".'" .'. , , _�. .',. - » , . „. Y � 'IET§8�6 FtgE: FOl" 5/r MAMIEM ROM rf . . . . . . . . . . . . A FOUND I ? . . . . . EXIS'PNQ... 3QUAM V�m XT 11' OUT&TIE IXAMETM BY 19' MANAGE 6 . LOW " 'R t o W000141 1.13 . . • jPd r // VETLAND & PER j% 0 . . . . . CAP. 044mi "a . . . . . . ratio e SQUAW QWW STOW MO"wr NTH DWI. H= IN com DRAMU'At EAs 96T a uwc NTAL AW%Q .... .... %RM4 W11BACR (SE OCTAL AWNE) . . . . . . Uum usumff (AS aim) . . . . . •. •. . . . . . . . . -------------- INEUMEATED WnAW GAYLY DEMONATED VIMAND $08ACK IMM"DiAlz CONT" ljiereby certify that this plant, Specification, or report was NO= CONTOUR yy prepared by me or under my direct supervision and that I am X 90,4 SPOT ELLYAMON a duly Licensed Land Surveyor under the laws of the State of HWE.880.70 IM RATER IDAVATION LOWIM VJKDM OPENM - THE LBO 660.70 1.04M ALL✓ OM WROM OR DOOR M"ATM, License No. 45351 Date BUILDING SETBACK & EASEMENT DETAIL (CITY OF LITT} E CANADA): Attachment 8 The City's drainage plan shows part of the south end of this site as a storm water holding pond. (See the drawing on page 16.) There is water in this area now Part of this water drains from the lots to the west. The City Attorney has advised me that the City should require that Mr. Regnier ' give the City a drainage easement for the holding pond as a condition of this lot split. Access to the Property to the East There is an undeveloped property east of Mr. Regnier's property. This 2.25-acre property is owned by Darlene and William Richie. Mr. Richie said that he wants to have access to their property from Mr. Regnier's site. The City Code requires that the City not approve a lot split unless it would not adversely impact the subject property or surrounding properties (Section 30-15(b)). The City Attorney has advised me that the City has a duty to provide access to the Richie property as a condition of a lot split or plat. The Attorney stated that 'denying access to the Richie property would typically render that property unusable which could expose the City to a takings claim." Mrs. Regnier wrote me that Little Canada had a sketch plan for a road to the Richie's property from LaBore Road. The Little Canada Director of Public Works said that they have no plans to extend a mad to the Richie property. The City's planning consultant said that several years ago the City drew up some sketch plans of how streets might develop. The Little Canada City Council abandoned these plans five or six years ago. When developers came in to plat, they found that the sketch plans were not feasible. Maplewood should require that Mr. Regnier provide a street and utility easement to the Richie property as a condition of this lot split. Front Yard Setback The existing house would not meet the maximum front setback requirement. If the Council approves the staff plan on page 14, the house -would be within the maximum setback and no approval would be needed. Future Street The Regniers are requesting a lot split based on a road location that the City has not yet approved. The lot split would limit the options for the street design. The Soil Conservation Service (SCS) and Watershed District are concerned about this lot split. The SCS stated that "Planned lots on the south and east may not be usable. it may be advisable to examine the potential for future development before completing the lot split." (See their letter on page 19.) The Watershed District stated that "It may be in the best interest of the land owner to have the wetland delineated by a wetland professional at this time. My fear is that by "locking in" the lot with the existing house, any future road alignment will have to accommodate that lot. This may make it more 9 Packet Page Number 129 of 188 Attachment 9 REVISED 10/29/93 1/19/95 County Rd. D 7-20-95 4-29-96 . . . .......... interch, ig-mt minor collecto — I minor EMMA11113bBearn Ave. collector I A I l cu ty Rd. C 0 w ■ E OS = OPEN SPACE 1!1 11 1 R-1 = SINGLE DWELQN( M1 = LIGHT INDUSTRIAL Gervais LAND USIE MAr' AREA OF PROPOSED CHANGE (EXISTING) ,p Packet Page Number, J1 Vadnais Heights it'll REV Vadnais Heights 1/19/95 County Rd. D 7-20-95 4-29-96 rj ® 1 minor conect minor [ANOWWO B e a M A v, collector A I 0 E OS = OPEN SPACE I i; U p R-1 = SINGLE DWELLINGS If-----J" M1 = LIGHT INDUSTRIAL Gervais LAND USE MAP (PROPOSED) Packet Page Number 131 of 1 694 vrircioal arterial I V Attachment to Ar Applicant's Site tp ab 8b `+ib0 t w f� © K� n NJ 0 TI, AOO � . X 00 � �;} T•F'y�•S• - ]' CD r t ii j j ^�' �.+.�� � <• ;,•�. ��;.r::. I .180 0 N Packet Page Number 132 of 188 Agenda Item L1 TO: Jim Antonen, City Manager FROM: Karen Guilfoile, Citizen Services Manager DATE: June 17, 2009 SUBJECT: On -Sale Intoxicating Liquor License —Approve TGI Friday's New Manager, John Mark Dorow JiIROT41 R%iter, John Mark Dorow has submitted an application to assume the on -sale intoxicating liquor license manager responsibilities for TGI Friday's, 3087 White Bear Avenue. Background Mr. Dorow was born in St. Louis, MO. His family moved to Seoul, South Korea when he was 9 months old. He graduated from High School in Seoul and moved back to the United States and attended St. Olaf College in Northfield, MN. In 1977 Mr. Dorow started working for Marty's in Northfield while attending St. Olaf College. From Marty's, Mr. Dorow went to work for TGI Friday's and has been there since. He has been the manager of TGI Friday's restaurants in St. Louis Park, both Bloomington locations, Roseville, and Woodbury. As required by City ordinances, the necessary background investigation was completed by the Police Department on Mr. Dorow. In the course of this investigation, state criminal history files were checked along with contacts and warrants in the cities of Northfield, St. Louis Park, Bloomington, Roseville, Woodbury and Maplewood; and the counties of Dakota, Rice, Hennepin, Washington and Ramsey. Mr. Dorow has met with Chief Thomalla personally to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime related issues; and Maplewood Liquor Ordinances. Consideration It is recommended that the City Council approve Mr. Dorow as the on -sale intoxicating liquor license manager for TGI Fridays in Maplewood. Packet Page Number 133 of 188 Agenda Item L2 TO: Jim Antonen, City Manager FROM: Karen Guilfoile, Citizen Services Manager DATE: June 17, 2009 SUBJECT: On -Sale Intoxicating Liquor License — Approve Champps' New Manager, Richard Milton Authier Introduction Richard Milton Authier has submitted an application to assume the on -sale intoxicating liquor license manager responsibilities for Champps, 1734 Adolphus Street. Background Mr. Authier was born and raised in Huron, SD. He attended and graduated from the University of South Dakota in 1972. After college, Mr. Authier moved to the Twin Cities and worked various jobs until he started with Champps in 1987. Mr. Authier started with Champps as a bartender and was promoted to floor manager. In 1991, he was transferred to the Maplewood location as the General Manager. He left champs in 1999 to work at the Village Inn in White Bear Lake. In 2000, he returned to Maplewood Champps has been there ever since. As required by City ordinances, the necessary background investigation was completed by the Police Department on Mr. Authier. In the course of this investigation, state criminal history files were checked along with contacts and warrants in the cities of White Bear Lake, St. Paul and Maplewood as well as Ramsey County. Mr. Authier has met with Chief Thomalla personally to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime related issues; and Maplewood Liquor Ordinances. Consideration It is recommended that the City Council approve Mr. Authier as the on -sale intoxicating liquor license manager for Champps in Maplewood. Packet Page Number 134 of 188 Agenda Item L3 COUNCIL AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko — Community Development and Parks Director Doug Taubman - Parks Manager SUBJECT: Wakefield Lake Fishing Pier — Consider Authorization to Enter Into an Agreement With the Minnesota DNR for the Installation of a Fishing Pier on Wakefield Lake DATE: June 12, 2009 INTRODUCTION The community development and parks staff have been in discussion with the Minnesota Department of Natural Resources for the installation of a fishing pier site on Wakefield Lake. An agreement between the State of Minnesota, acting by and through the Department of Natural Resources, and the City of Maplewood has been drawn and considered by staff. The installation of the proposed 84 foot fishing pier site is on the east side of the lake and would certainly provide enhanced fishing opportunities, particularly for youth, at Wakefield Lake. Staff is supportive of this project. BACKGROUND As part of the DNB's Fishing in the Neighborhood (FIN) program, the DNR has been stocking Wakefield Lake with a variety of fish including bluegill, northern pike, yellow perch and black crappie. According to available DNR records, fish were stocked six of the past seven years. Currently there are a number of places to fish from shore on the east and north sides of the lake, including two formal shore fishing structures. Shallow water and an abundance of aquatic plants make fishing from shore difficult, particularly during mid - summer. The addition of a fishing pier would greatly improve opportunities for anglers. DISCUSSION The project plan is to install an 84' fishing pier on Wakefield Lake through the DNR Fishing Pier Grant Program. The installation of the pier will be a cooperative venture between the DNR and the City. The City will be responsible for providing an accessible pathway from an accessible parking area to the pier. The accessible parking and pathway, with the exception of approximately 50' of pathway, are in place. The City will also be responsible for all necessary routine maintenance and minor repairs including, but not limited to, repair or replacement of decking and railings. The State will assist the City with major structural repairs subject to the availability of funding. FUNDING The cost of the fishing pier structure shall be borne as follows: $10,000 from the MN Darkhouse and Angling Association and Young Fishers, $6,000 from the City of Maplewood and the remainder will be provided by the State. PAC funds are available for this project. Packet Page Number 135 of 188 RECOMMENDATION a) It is recommended the City Council authorize entering into the agreement with the DNR for the installation of a fishing pier on Wakefield Lake. Attachments: 1. Resolution 2. Fishing Pier Agreement 3. Location Map Packet Page Number 136 of 188 Attachment 1 RESOLUTION AUTHORIZING ENTERING INTO WAKEFIELD LAKE PIER AGREEMENT WHEREAS, the DNR has provided the City of Maplewood with a grant opportunity to install a fishing pier on Wakefield Lake; WHEREAS, installation of said pier would greatly enhance fishing opportunities on Wakefield Lake; WHEREAS, the funding of this project is available through PAC funds, Now, Therefore, Be it Resolved, that the Maplewood City Council hereby authorizes the Mayor and City Manager to enter into the agreement with the DNR for the installation of the Wakefield Lake fishing pier. Adopted this day of , 2009 Mayor City Clerk Packet Page Number 137 of 188 Attachment 2 WAKEFIELD LAKE CITY OF MAPLEWOOD PUBLIC FISHING PIER COOPERATIVE AGREEMENT This agreement, between the State of Minnesota, acting by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the "State ", and the City of Maplewood, hereinafter referred to as the « WITNESSETH: WHEREAS, the Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota Statutes Section 97A.141 to provide public water access sites on lakes and rivers, where access is inadequate; and WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59, to enter into agreements to jointly or cooperatively exercise common power; and WHEREAS, the State and the City have determined that a fishing pier site on Wakefield Lake, hereinafter referred to as the "Fishing Pier" is of high priority under the state public water access program; and WHEREAS, the City owns land described as: Sec. 15, T. 29N, R. 22W, as shown in Exhibit A and on the attached map; and WHEREAS, plans for the Fishing Pier have been developed and approved by the State and are attached hereto as Exhibit B and shah be referred to as the "Plan "; and WHEREAS, the State and the City desire to cooperate in the installation and maintenance of the Fishing Pier on Wakefield Lake; and WHEREAS, a resolution or copy of the City council/board meeting minutes authorizing the City to enter into this agreement is attached hereto as Exhibit C; and NOW, THEREFORE, in consideration of the mutual benefit to be derived by the public bodies hereto and for the benefit of the general public, the parties agree as follows: INSTALLATION Installation of the Fishing Pier structure itself shall be the responsibility of the City; however, the State shall provide one person with technical expertise and equipment when feasible to assist with the installation. The City will also construct and pay for a hard surfaced, accessible sidewalk/pathway, which meets or exceeds the ADA requirements of a 5% gradient and 2% cross slope connecting the Fishing Pier to an accessible parking space. The City agrees to complete their portion of the project installation within one year of the effective date of this agreement. Fishing Pier Cooperative Agreement Wakefield Lake, City of Maplewood Page 1 of 5 Packet Page Number 138 of 188 II OPERATION OF THE FISHING PIER The City shall operate the Fishing Pier in the following manner: a. The City shall comply with all local, state and federal laws, regulations, rules and ordinances, which may apply to the management, operation, and maintenance of said premises. b. The Fishing Pier may only be used for fishing, observation and other compatible uses. c. The Fishing Pier and related facilities shall be free and remain open every day during open water season for at least sixteen (16) hours per day between the hours of 6:00 a.m. and midnight or in conjunction with the City's established hours for a facility of this type. The City may close the Fishing Pier for emergencies, or for other reasons, without prior written consent of the State. The City shall notify the State within 48 hours of the closing of the Fishing Pier for emergency reasons or if the facility will remain closed longer than 24 hours. d. Free and adequate parking in the vicinity will be provided for the Fishing Pier including at least one (1) designated accessible space for persons with disabilities. e. The State reserves the right to inspect the premises at all times to insure that the City is in compliance with the terms of this Agreement. f The City shall provide police protection and patrols for the Fishing Pier in accordance with the City's established police department policies for a facility of this type. g. The State will provide and install the appropriate signage for the site, which indicates that the City, the MN Darkhouse and Angling Association, Young Fishers, and the Department of Natural Resources cooperatively provided the Fishing Pier. h. The State shall retain ownership of the Fishing Pier and retains the authority to relocate and/or remove the Fishing Pier if the site (Exhibit A) is deten to be inadequate or if the City fails to comply with the terms of the Agreement. Before such removal or relocation, the State shall consult with the City. If the State determines the site to be inadequate, a second site in the city would be considered as the next option. i. The City shall maintain the facilities and keep them in good and sanitary order in accordance with the City's established practices for maintenance of City park facilities. Additionally, the City shall provide all necessary routine maintenance and minor repairs including but not limited to the repair or replacement of decking and railings. The State shall assist the City with major structural repairs subject to the availability of funding according to the provisions of Article III. j. The city shall obtain any permit or license which maybe required for the Fishing Pier. k. The City shall take necessary action no earlier than October 15` of each year to protect the Fishing Pier from damage caused by ice action. Additionally, if necessary, the City shall return the Fishing Pier to it's originallocation, Exhibit B, no later than May 1s of each year. Fishing Pier Cooperative Agreement Wakefield Lake, City of Maplewood Page 2 of 5 Packet Page Number 139 of 188 III. FUNDING The State shall provide the Fishing Pier structure in accordance with the Plan, Exhibit B. The cost of the Fishing Pier structure shall be borne as follows: $10,000 from the MN Darkhouse and Angling Association and Young Fishers, $6,000 from the City of Maplewood and the remainder will be provided by the State. The State will invoice the City for their portion once this Agreement is signed and fully executed. The State will encumber the funds and order the Fishing Pier with a separate requisition. The cost of the accessible sidewalk/pathway and parking area shall be borne by the City as provided in Article L The total obligation of the State for its responsibilities under Article I shall be limited to the amount of funds legislatively appropriated and administratively allocated to this project. The obligation of the State for the repairs and improvements beyond the initial installation costs shall also be limited by the amount of funds legislatively appropriated and administratively allocated to this project. No additional funding will be provided, unless agreed upon by all parties and an amendment to this Agreement is completed and executed. IV. LIABILITY Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by tau= and shall not be responsible for the acts of the other party and the results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and other applicable law. The City's liability shall be governed by Minnesota Statutes Sections 466.01 - 46615, and other applicable law. V. TERM a. Effective Date: July 31, 2009, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, Subdivision 2, whichever is later. The City shall not begin work under this Agreement until it is fully executed and the City has been notified by the State's authorized representative to begin the work. b. Expiration Date: July 31, 2029, for a period of twenty (20) years except as otherwise provided herein or agreed to in writing by both parties. This agreement shall renew= at the end of the term for an additional five (5) year period unless a party gives three (3) months written notice to the other party to terminate the agreement. This agreement shall continue to automatically renew as the end of each five (5) year period unless the required given notice is given. VI. AUDIT Under Minnesota Statutes Section 16C.05, sub. 5, the books, records, documents and accounting procedures and practices of the City relevant to the agreement shall be subject to examination by the Commissioner of Natural Resources, the Legislative Auditor and the State Auditor for a minimum of six (6) years from the end of this agreement. VII. ANTITRUST The City hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in connection with this Agreement resulting from antitrust violations that arose under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. Fishing Pier Cooperative Agreement Wakefield Lake, City of Maplewood Page 3 of 5 Packet Page Number 140 of 188 VIII. CANCELLATION This Agreement may be cancelled by the State at any time with cause or as necessary as provided in Article III, upon thirty (30) days written notice to the City. This Agreement may also be cancelled by the State if it does not obtain funding from the Minnesota Legislature, or other funding sources, or if funding cannot be continued at a level sufficient to allow for the payment of services covered under this agreement. The State will notify the City by written or fax notice. The State will not be obligated to pay for services provided after the notice is given and the effective date of cancellation. However, the City shall be entitled to payment, determined on a pro- rated basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is cancelled because of a decision of the Minnesota Legislature, or other funding source, not to appropriate the necessary funds. The State shall provide the City notice of lack of funding within a reasonable time of the State's receiving that notice. IX. DATA PRACTICES The City and the State must comply with the Minnesota Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this agreement. The civil remedies of Minn. Stat. 13.08 apply to the release of the data referred to in this clause by either the City or the State. X. PUBLICITY AND ENDORSEMENT Any publicity regarding the subject matter of this agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the City individually or jointly with others, or any subcontractors, with respect to the program and services provided from this agreement. XL COMPLETE AGREEMENT This Agreement, and amendments, constitutes the entire agreement between the parties. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. XII. OTHER TERMS AND CONDITIONS NOTICES: Any notice, demand or communication under this Agreement by either party to the other shall be deemed to be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid to: The State The Ci Minnesota Department of Natural Resources City of Maplewood Division of Parks and Trails 1200 Warner Road St. Paul, MN 55106 Fishing Pier Cooperative Agreement Wakefield Lake, City of Maplewood Page 4 of 5 Packet Page Number 141 of 188 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. DEPARTMENT OF NATURAL RESOURCES By: Title: Date: DEPARTMENT OF ADMINISTRATION Delegated to Materials Management Division By: Title: Date: CITY OF MAPLEWOOD By: Title: Date: CITY OF MAPLEWOOD By: Title: Date: STATE ENCUMBERANCE VERIFICATION Individual certifies that funds have been encumbered as req. by Minn. Stat. 16A.15 and 160.05. Signed: Date: Contract # Fishing Pier Cooperative Agreement Wakefield Lake, City of Maplewood Page 5 of 5 Packet Page Number 142 of 188 Wakefield Lake Proposed Fishing Pier Location Map Attachment 3 DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, informration and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramsev Cormty (January 3, 2007), The Lawrence Group:January 3. 2007 for Cormty parcel and property records data: Janrrary 2007 for commercial and residential data: April 2006 for color aerial inra�ezv: A11 AGENDA REPORT Agenda Item L4 TO: James Antonen, City Manager FROM: Steve Lukin, Fire Chief SUBJECT: Adopt a Resolution Authorizing Submission of a Request for State Bonding Funds for the Design and Construction of a Regional Fire Training Facility DATE: June 15, 2009 INTRODUCTION One of our funding sources for the regional fire training facility that we are pursuing is the state's bonding fund. One of the requirements needed for our application is a resolution authorizing the request for state bonding funds. We will also be pursuing other grants and private partnerships as we move forward with this project. Our meetings with both the Washing County and Ramsey County Fire Chiefs have been positive with commitments from many. Because this is a regional program, I am hopeful that we will be included in the 2010 bonding funds for design and construction of the fire training facility in the amount of 50% of the construction costs, or $3,000,000. As we move forward with this project, we will be asking for assistance from our legislatives for their support in obtaining the state bonding funds. RECOMMENDATION I recommend that the city council approve Resolution #1 "Authorizing Submission of Request for State Bonding Funds for the Design and Construction of a Regional Fire Training Facility ". Att. Packet Page Number 144 of 188 CITY OF MAPLEWOOD RESOLUTION # 1 AUTHORIZING SUBMISSION OF REQUEST FOR STATE BONDING FUNDS FOR THE DESGIN AND CONSTRUCTION OF A REGIONAL FIREFIGHTER TRAINING FACILITY WHEREAS, the Minnesota State Legislature is accepting allocations for Capital Bonding Requests, for the 2010 Legislative Session; and WHEREAS, the City of Maplewood has deemed the design and construction of a regional Firefighter Training Facility a high priority project; and WHEREAS, the City of Maplewood is in need of Capital Bond funding to provide gap financing to supplement local and other funding for the design and construction of a regional Firefighter Training Facility; and NOW, THEREFORE BE IT RESOLVED, that the Maplewood City Council authorizes the submission of a request to the Minnesota State Legislature for 2010 bonding funds for the design and construction of a regional Firefighter Training Facility in the amount of 50% of the construction costs, or $3,000,000_ Date Adopted: June 22, 2009 ATTEST: Karen Guilfoile, City Clerk Maplewood City Council Diana Longrie, Mayor Packet Page Number 145 of 188 Item L 5 Reduction of Council Wages and Rollback of 2008 COLA Increase — Councilmember Hjelle — Report Provided at Council Meeting. Packet Page Number 146 of 188 I � 1 1 1 i IiIiIiIT1 Serving the public is an obligation and privilege that was actively sought by all Councilmember's. We all made the decision to serve our community and getting paid for it should not be the primary reason we continue as elected officials. I for one did not even realize that Maplewood Councilmember's received pay until I was handed a check after being sworn in. Given the economic crisis facing our City, our community, and our budget, it is only reasonable that Councilmember's take a cut in pay and help lead by example. Last week, the City sat down with the various employees groups and finally started talking about what we have all known for many months, that cuts are necessary. While Maplewood is a Plan B city and the Council does not manage city employees, we can still lead by example and make an effort to show our commitment to fiscal constraint. Recommendation; That the Maplewood City Council permanently reduce Council pay by 50% and eliminate the 2008 Cost of Living Increase. Packet Page Number 147 of 188 L5 — Reduction of Maplewood City Council Salary and removal of 2008 COLA increase. Serving the public is an obligation and privilege that was actively sought by all Councilmember's. We all made the decision to serve our community and getting paid for it should not be the primary reason we continue as elected officials. I for one did not even realize that Maplewood Councilmember's received pay until I was handed a check after being sworn in. Given the economic crisis facing our City, our community, and our budget, it is only reasonable that Councilmember's take a cut in pay and help lead by example. Last week, the City sat down with the various employees groups and finally started talking about what we have all known for many months, that cuts are necessary. While Maplewood is a Plan B city and the Council does not manage city employees, we can still lead by example and make an effort to show our commitment to fiscal constraint. Recommendation; That the Maplewood City Council permanently reduce Council pay by 50% and eliminate the 2008 Cost of Living increase. Packet Page Number 148 of 188 Item L 6 Repeal of Maplewood City Ordinance Section 2 -38 Councilmember Hjelle — Report Provided at Council Meeting Packet Page Number 149 of 188 L6 — Repeal of Maplewood City Ordinance 2-38 that provides for automatic biannual City Council pay increases. Accountability is something that every elected government is charged with ensuring. It has been a tradition in this country since its creation that governing bodies vote on the public record for any increases in pay and benefits. Maplewood City Ordinance 2-38 rejects that tradition of accountability by allowing elected Councilmember's, to avoid taking a public vote on compensation increases. If a particular council wishes to increase its pay, then they should be required to take a public vote and not hide behind an ordinance. Recommendation; That the Maplewood City Council take efforts to repeal Maplewood City Ordinance 2- 38. I I Packet Page Number 150 of 188 L6 — Repeal of Maplewood City Ordinance 2-38 that provides for automatic biannual City Council pay increases. Accountability is something that every elected government is charged with ensuring. It has been a tradition in this country since its creation that governing bodies vote on the public record for any increases in pay and benefits. Maplewood City Ordinance 2-38 rejects that tradition of accountability by allowing elected Councilmember's to avoid taking a public vote on compensation increases. If a particular council wishes to increase its pay, then they should be required to take a public vote and not hide behind an ordinance. I Recommendation; That the Maplewood City Council take efforts to repeal Maplewood City Ordinance 2- 38. Packet Page Number 151 of 188 JOBNAME: No Job Name PAGE: 37 SESS: 2 OUTPUT: Tue Apr 8 12:31:10 2003 /first/pubdocs/mcc/3/11217 ADMINISTRATION § 2-41 See. 2-37. Primary elections. The Tuesday following the second Monday in September in each odd-numbered year in which a municipal general election is to be held for the purpose of electing officers is hereby designated as the primary election day for the city. (Code 1982, § 2-22) State law reference- -Municipal primary elections, Minn. Stats. § 205.065. See. 2-38. Compensation. In accordance with state law, the salary of the mayor and the salary of each member of the council is payable in biweekly installments. The mayor's salary and the salary of each councilmember shall be adjusted biannually based on the change in the cost of living over that two-year period. In every even-numbered year, the cost of living index published by the department of labor shall be used for the prior two years to establish adjusted salaries for the mayor and councilpersons. Such adjustments become effective on January 1 and biannually thereafter. (Code 1982, § 2-23; Ord. No. 810, § 1, 2-26-2001) See. 2-39. Acting mayor. At its first meeting each year, the council shall choose an acting mayor from the councilmembers. He shall perform the duties of mayor during the disability or absence of the mayor from the city or, if a vacancy occurs in the office of mayor, until a successor has been appointed and qualifies. (Code 1982, § 2-24) State law reference--Similar provisions, Minn. Stats. § 412.121. See, 2-40. Official newspaper. The council shall annually, at its first meeting of the year, designate a legal newspaper of general circulation in the city as its official newspaper, in which shall be published such ordinances and other matters as required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner. (Code 1982, § 2-25) State law reference—Similar provisions, Minn. Stats. § 412-831. See. 2-41. Authority to hear and decide zoning appeals and requests for variances. (a) Appeals and variances. The city council shall hear and decide all appeals from alleged erroneous decisions of any administrative or enforcement officer of the city in matters relating to the administration and enforcement of the zoning ordinances of the city. The council shall also hear requests for variances from the literal provisions of the zoning ordinance in chapter 44 when their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of chapter 44. Such grants shall not provide for a use which is not permitted under the zoning classification CD2:9 Packet Page Number 152 of 188 Item L 7 Reduction of 2009 City Budget to Reflect Loss of Revenue — Councilmember Hjelle — Report Provided at Council Meeting Packet Page Number 153 of 188 U — Reduction of 2009 Maplewood City Budget to reflect known losses in revenues. The City of Maplewood has known since February that 2009 budget revenue forecasts are not accurate. The City has seen a reduction in permits, fees, Home Value Credit, and has lost 3 Tax arbitration cases with more pending. With the City budget being heavily dependent on fees for service and other non- levy revenue sources, changes need to be made. On June 6, 2009, 1 requested that City Manager Antonen report to the Council on the shortfall in revenues. I never received any reply from City Manager Antonen. The newspaper has reported on cuts to city spending that have not even been discussed by this Council, at least not the Council minority. Maplewood started 2008 with budget reserves above and beyond our normal Operating Fund reserves. Last year, the Council majority screamed very loud at the lack of communication regarding budgetary items and reporting. After the dust cleared, it was ignored by everyone that Maplewood actually had MORE money than it had accounted for due to Computer reporting issues. That money has been spent. Conversations I have had with City Manager Antonen have led me to believe that Council action is needed to address the revenue shortfall. The assumption that Maplewood can just increase its' Tax levy to make up any unallotment shortfall is not an acceptable solution. Continuing to dig a deeper financial hole by "waiting is also not acceptable. Recommendation; That the City Council instruct the City Manager to place on the July 13 City Council meeting a complete budgetary overview and recommended reductions in the 2009 City Budget. Packet Page Number 154 of 188 2009 Budget Status - Yahoo! Mail MAIL Clawfic 2009 Budget Status From. "Erik Hielle" <erjkhje11e@yahooxom> To: 'Jim Antonen" <jim,antonen@ci.mapiewood.mn.us> Cc: 'Robert Mittet" <robert.mittet@ci.maplewood.mn.us> Page 1 of I Saturday, June 6, 2009 10 42 AM Mr. Antonen, I am requesting a budgetary status update for 2009 be prepared for the Council to make revisions to the 2009 Budget. I would like to know how much money the City has not recieved in State $$$ and other funding shortfalls including but not limited to the Tax refunds given to 3M, Macy's, and Kohl's. I would also like to see numbers on the shortfall in fees, licenses, etc. by department. Include actual and budgeted balances as current as can be produced. Thank you. Erik Hjelle Office 651-714-5300 Cell 612-805-1140 Fax 888-867-1122 Packet Page Number 155 of 188 http://us.mc519.mail.yahoo.com/mc/showletter?mid=1 1649 2 39408 0 AEAwvs4AAN... 6/21/2009 It's lost jobs, service cuts and more as cities face Pawlenty's cuts - TwinCities.com Page I of 3 TwinCities•com It's lost jobs, service cuts and more as cities face Pawlenty's cuts By Dave Orrick dorrick@pioneerpress.com Updated: 06115/2009 11 A9:24 PM CDT They've known it was coming for months. Twin Cities communities have been bracing for Gov Tim Pawlenty's budget cuts — whether through direct state aid, tax credit reimbursements or other measures — since late last year, when he pulled back previously planned Local Government Aid payments. This afternoon, Pawlenty will announce his cuts. Expect municipalities to follow with midyear reductions — budget amendments in government- speak — that will likely end years of spending growth, evidenced by expanded police forces, new libraries and rec centers, and smooth roads. For many cities, such expected annual improvements are no more. Today's announcement will force many cities to rip up their 2009 budgets. Some unknowns will remain, such as exactly where federal stimulus funds will land. But today, most cities will gain a clear picture of how much to reduce spending to balance their books. Many cities still will spend more in 2009 than in 2008, but with wage increases locked in union contracts and health care costs rising faster than inflation, small increases in spending mean cuts in services. Cuts to Local Government Aid will be the most painful for some. St. Paul, for example, had expected to receive $62.6 million from the program when it passed its budget. The capital city's finances are more dependent on such aid than any other municipality in the state. Other communities will be hammered by the likely raiding of a state reimbursement for the Homestead Market Value Tax Credit, a property tax credit of up to $304 for each homeowner. The cancelation of state payments to cities in the winter cost Blaine $420,891 and Eagan $430,615. A number of cities already had begun trimming budgets in anticipation of Pawlenty's cuts. Of possible interest to those who like to complain about elected leaders: Of a number of east metro cities examined by the Pioneer Press, St. Paul is the only community whose mayor has taken a direct hit in the wallet so far. Mayor Chris Coleman, as well as the city council, gave up a scheduled 3.25 percent pay increase, and Coleman gave himself and his staff a 5 percent pay cut. Here's a look at where east metro cities stand with their budgets. ST. PAUL Approved 2009 total spending: $619.7 million, a 5.6 percent increase from 2008, but major cuts expected. Double-digit percent cuts are being pondered across all departments, including possible layoffs of police and firefighters. A 16.2 percent spending increase for libraries, including expanded hours, was originally approved, but now one library seems destined to close. Parks personnel and programs also have been cut, and public works maintenance Advertisement Packet Page Number 156 of 188 http://www.twincities.com/ci 6/1612009 Print Powered By ART 7 — It's lost jobs, service cuts and more as cities face Pawlenty's cuts - TwinCities.com T• Page 2 of projects are likely to be deferred. I-11wil Approved 2009 general fund: $25.5 million, a 4.4 percent increase from 2008, has since been reduced by $847,000 — roughly back to 2008 levels. A new police officer position was added but remains vacant, and police overtime is being reduced. Many departments are slightly above or even with 2008 spending levels, but that meant cutting a range of funds — from reducing boulevard tree planting to eliminating the least-popular parks programs. BURNSVILLE Approved 2009, all funds: $26 minion, a 21 percent increase from 2008, but $3.5 million of that was cut last month. Reducing its workforce by 2 ' 0, mostly through attrition but including three layoffs, added to previously adopted measures: Police officer ranks have been shrunk; travel and hiring have been restricted; and public works crews won't clear skating rinks on snowy weekends. COTTAGE GROVE Approved 2009 general fund: $13.3 million. A modest increase in police spending is largely offset by flat spending in public works and cuts in fire and parks expenditures. EAGAN Approved 2009 general fund: $27.7 million, a 19 percent increase from 2008. Subsequent cuts will reduce the budget to $27.1 million, keeping the increase to 1.7 percent. Police and fire department spending is up from 2008, although the police force is down two sworn officers and a crime analyst. Two half-time positions in the parks department have been eliminated, and two ice rink warming houses have been closed. Weekend outdoor rink maintenance has been eliminated. The city has kept jobs unfilled and raided funds initially intended for street reconstruction, major building renewal and the replacement of city vehicles, FOREST LAKE Approved 2009 general fund: $14.3 million, with cuts of $370,000 proposed, totaling a 7.1 percent likely reduction from 2008. After the proposed cuts, one previously planned police officer opening, a half-time fire inspector post and part-time parks worker will be gone, with spending also reduced for public works and parks. HASTINGS Approved 2009, all funds: $27.2 million, a 4.7 percent increase from 2008. Cost-cutting measures adopted in the winter Include a hiring and capital-spending freeze, leaving one position unfilled in each of the police, fire and public works departments. X13 Approved 2009 general fund: $22 million, 2.1 percent lower than 2008, with no more cuts planned. A medley of cuts — two fewer sworn police officers, an end to mowing on street boulevards, a reduction Advertisement Packet Page Number 157 of 188 http://www.twincities.com/ci-12597221?IADID=Search-www.twincities.com-www.twinc... 6/16/2001 Print Powered By It's lost jobs, service cuts and more as cities face Pawlenty's cuts - TwinCities.com T• Page 3 of 3 in the number of ice rinks from 11 to 6, and furloughs across many departments — are among the spending reductions. [,TIT_19XAT,X414] Approved total spending: $41.1 million, a 3.5 percent increase from 2008, but has been cut slightly since. Police, fire and public works departments are increasing staff by a worker or two, although the public budget remains flat. Parks, on the other hand, have seen a planned increase of 5.4 percent largely erased. Parks activities have been scaled back and new equipment purchases delayed. OAKDALE Approved 2009 general fund: $11.2 million, but cuts of at least $250,000, or 2.2 percent, expected later this year. The city has a soft hiring freeze and has clamped down on travel and wages, instituting a pay freeze for next year and pursuing Union concessions. Reduced hours to parks are among the possibilities for cuts later this year. SOUTH ST. PAUL Approved 2009 general fund: $11.5 million, a 3 percent increase from 2008. A citywide ban on out-of-state travel and a hiring freeze are in place. Police spending is up 3 percent from 2008; fire budget is up 7 percent. Public works was reduced 14 percent, and the parks budget was increased 4 percent, while the library budget was virtually unchanged. STILLWATER January revisions erased much of the small increase the city had planned over many departments. Fire, parks and the library maintained slight increases from 2008, but police was nearly flat and public works was cut by 12 percent. Some 10 percent of positions are being kept vacant. WHITE BEAR LAKE Approved 2009 general fund and special revenue funds: $8 million, a 2.8 percent increase, is proposed to be largely erased by mid-year cuts. An across-the-board emphasis on reducing operational costs, equipment purchases and training summarizes the cutbacks. Public works' emphasis is now on maintenance rather than improvements. WOODBURY Approved 2009 general fund: $60.4 million, a 1.3 percent decrease from 2008; no more changes expected. Spending on police, fire, public works and parks is up overall, but two parks have had their hours cut and the number of police and public works employees has shrunk. Dave Orrick compiled this report with contributions from reporters Megan Boldt, Mary Divine, Nick Ferraro, Bob Shaw, Jessica Fleming, Brady Gervais, Fred Melo, Bob Shaw and John Brewer. Advertisement Packet Page Number 158 of 188 h4://www.twincities.com/ci 6/16/2009 Print P6wered By Item L 8 City Manager Performance Review Councilmember Hjelle — Report Provided at Council Meeting. Packet Page Number 159 of 188 L8 — City Manager Performance Review In 2006 and 2007, Councilmember Rossbach constantly voiced complaints about not having a City Manager performance review for former Manager Copeland. Mr. Antonen was hired the first week of March. It is almost July, and no mention of any performance review or framework has been mentioned by the Council majority. During 2006 and 2007, Councilmember Rossbach complained about no Council/Manager sessions and the lack of any planning or goal setting by the Council. Since Councilmember Rossbach and the council majority no longer see this as a priority, we should plan a Council workshop to set expectations for the City Manager and staff. Recommendations; That the City Council instruct the City Manager to schedule a Council workshop to address expectations and goals for the City Manager and staff. Packet Page Number 160 of 188 AGENDA NO. M -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: June 22, 2009 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: $ 122,597.81 Checks 4 78556 thru 4 78629 dated 06/02/09 thru 06/09/09 $ 354,550.84 Disbursements via debits to checking account dated 06/01/09 thru 06105109 $ 411,211.73 Checks 4 78630 thru 4 78681 dated 06/16/09 $ 152,784.55 Disbursements via debits to checking account dated 06/05/09 thru 06/12/09 $ 1,041,144.93 Total Accounts Payable PAYROLL $ 499,038.09 Payroll Checks and Direct Deposits dated 06112109 $ 2,385.25 Payroll Deduction check 4 1007296 thru 9 1007297 dated 06112109 $ 501,423.34 Total Payroll $ 1,542,568.27 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651- 249 -2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. kf attachments P:IAPPROVAL OF CLAIMS\2009\AprC1ms 6 -05 and 6- 12.XLT Packet Page Number 161 of 188 Check Register 0610512009 City of Maplewood Check date Vendor description Amount 78556 0610212009 02464 US BANK FUNDS FOR ATMS 8,000.00 78557 06105/2009 02741 ROETTJER EMBROIDERY EVOC SHIRTS FOR PD TRAINING 428.00 78558 0610912009 00519 FLEXIBLE PIPE TOOL CO. REPLACEMENT PARTS 1,211.45 78559 06/09/2009 00687 HUGO'S TREE CARE INC TREE REMOVAL & HANGER TRIMMING 596.40 78560 06/0912009 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 06 -17 PROF SRVS THRU 4/30 583.00 78561 06/09/2009 00908 M R P A MEDICA PROG REGISTRATION FEE 750.00 78562 06/09/2009 01337 RAMSEY COUNTY -PROP REC & REV PROD 08 -12 RECORDING FEES 184.00 78563 06/09/2009 01546 SUBURBAN SPORTSWEAR PROGRAM SUPPLIES /SHIRTS FOR BBALL 332.00 78564 06/09/2009 04008 AMERITAS MONTHLY PREMIUM - JUNE 9,883.92 78565 06/09/2009 04295 ARBOR DAY FOUNDATION MEMBERSHIP DUES 15.00 78566 06/09/2009 00211 BRAUN INTERTEC CORP. PROD 07 -30 PROF SRVS THRU 5/15 927.25 78567 06/09/2009 03514 BRAUN PUMP & CONTROLS INC REPAIR PART LIFT STATION 10 267.29 78568 06/09/2009 04066 CONNECT ELECTRIC INSTALL LIGHTING PW SIGN SHOP 2,610.00 78569 06/09/2009 00338 CRABTREE COMPANIES INC. ANNUAL SUPPORT CONTRACT 4,781.36 78570 06/09/2009 00462 EMBEDDED SYSTEMS, INC. SIREN #12 REPAIR 265.05 78571 06109/2009 00471 VIRGINIA ERICKSON REIMB FOR SHOES 5/23 - 6/05 72.95 78572 06/09/2009 00608 KAREN GUILFOILE REIMB FOR MEALS 5/18 - 5/23 97.25 78573 06/09/2009 04294 ZACHARY T HILL REIMB EMT TEST 5/27 70.00 78574 06/09/2009 00789 KATH FUEL OIL SERVICE CO BULK OIL & TUB GREASE 2,683.80 78575 06/09/2009 00857 LEAGUE OF MINNESOTA CITIES CITY OFFICIALS DIRECTORY 2 COPIES 99.81 78576 06/09/2009 02530 MCKINZIE METRO APPRAISAL PROJ 08 -12 LAND APPRAISAL 1,500.00 78577 06/09/2009 04193 MIDAMERICA AUCTIONS STORAGE OF FORFEITURE VEHICLES 2,250.00 78578 06/09/2009 03838 MN FIAM BOOK SALES RESCUE MANUALS 161.88 78579 06/09/2009 01202 NYSTROM PUBLISHING CO INC MAPLEWOOD MONTHLY - MAY 10,032.66 78580 06/09/2009 00001 ONE TIME VENDOR REFUND KALLAND BOBS BENEFIT 480.00 78581 06/09/2009 00001 ONE TIME VENDOR REFUND HODGIN HP BENEFIT 160.00 78582 06/09/2009 00001 ONE TIME VENDOR FORFEITED PROPERTY P FLEMING (REC 156.20 78583 06/09/2009 00001 ONE TIME VENDOR REFUND MISGEN HP BENEFIT 140.00 78584 06/09/2009 00001 ONE TIME VENDOR REFUND I SHAGER AMB 081892 84.29 78585 06/09/2009 00001 ONE TIME VENDOR REFUND T TSCHIDA HP BENEFIT 80.00 78586 06/09/2009 00001 ONE TIME VENDOR REFUND C SMITH HP BENEFIT 80.00 78587 06109/2009 00001 ONE TIME VENDOR REFUND HEITKE BCBS BENEFIT 80.00 78588 06/09/2009 00001 ONE TIME VENDOR REFUND Z MAREGNET HP BENEFIT 80.00 78589 06/09/2009 00001 ONE TIME VENDOR REFUND M HEIPLE MEMBERSHIP 64.05 78590 06/09/2009 00001 ONE TIME VENDOR REFUND A VOLLHABER MEDICA BENEFIT 60.00 78591 06/09/2009 00001 ONE TIME VENDOR REFUND J MCCARTHY MEDICA BENEFIT 60.00 78592 06/09/2009 00001 ONE TIME VENDOR REFUND M STANGL MEDICA BENEFIT 40.00 78593 06/09/2009 00001 ONE TIME VENDOR REFUND R STOEHR UCARE BENEFIT 40.00 78594 06/09/2009 00001 ONE TIME VENDOR REFUND K PASHOLK HP BENEFIT 40.00 78595 06/09/2009 00001 ONE TIME VENDOR REFUND M HELLER BCBS BENEFIT 40.00 78596 06/09/2009 00001 ONE TIME VENDOR REFUND FOSTER BCBS BENEFIT 40.00 78597 06/09/2009 00001 ONE TIME VENDOR REFUND J EKSTRAND HP BENEFIT 40.00 78598 06/09/2009 00001 ONE TIME VENDOR REFUND BARNES BCBS BENEFIT 40.00 78599 06/09/2009 00001 ONE TIME VENDOR REFUND M WOLTER CLASS CANCELLED 30.00 78600 06/09/2009 00001 ONE TIME VENDOR REFUND D WESSELS MEDICA BENEFIT 20.00 78601 06/09/2009 00001 ONE TIME VENDOR REFUND H LEWIS BCBS BENEFIT 20.00 78602 06/09/2009 00001 ONE TIME VENDOR REFUND R JOHNSON MEDICA BENEFIT 20.00 78603 06109/2009 00001 ONE TIME VENDOR REFUND S GARBERS BCBS BENEFIT 20.00 78604 06/09/2009 00001 ONE TIME VENDOR REFUND C BURAU HP BENEFIT 20.00 78605 06/09/2009 00001 ONE TIME VENDOR REFUND C ADY HP BENEFIT 20.00 78606 06/09/2009 01225 OSWALD HOSE & ADAPTERS SUPPLIES 71.74 78607 06/09/2009 04272 PARAGON SOLUTIONS GROUP, INC. ADD'L MILESTONE CAMERA LICENSE 308.17 78608 06/09/2009 01254 PEPSI -COLA COMPANY MDSE FOR RESALE 510.90 78609 06/09/2009 00396 DEPT OF PUBLIC SAFETY TRANSFER TITLE OF FORFEITED 20.00 78610 06/09/2009 01345 RAMSEY COUNTY FORFEITED PROPERTY (REC 30878) 31240 Packet Page Number 162 of 188 78611 06109/2009 02001 CITY OF ROSEVILLE SPAM FILTERING SERVICE 1,943.04 0610912009 02001 CITY OF ROSEVILLE JOINT POWERS & ANTI SPAM - APRIL 865.00 06109/2009 02001 CITY OF ROSEVILLE JOINT POWERS SRVS - MAY 625.00 78612 0610912009 01397 RYAN PLUMBING & HEATING CO. RPZ TESTING FOR KENNARD 390.00 78613 06109/2009 01409 S.E.H. PROD 08 -12 ENGINEERING FEES 9.000.00 06/09/2009 01409 S.E.H. PROD 04 -21 ENGINEERING FEES 7,43141 06/09/2009 01409 S.E.H. PROD 07 -19 ENGINEERING FEES 2,681.91 06/09/2009 01409 S.E.H. PROD 05 -18 ENGINEERING FEES 2,535.40 06/09/2009 01409 S.E.H. ENGINEERING FEES 1,488.33 06/09/2009 01409 S.E.H. PROD 08 -09 ENGINEERING FEES 510.41 06/09/2009 01409 S.E.H. ENGINEERING FEES 436.41 78614 06/09/2009 01418 SAM'S CLUB DIRECT MDSE FOR RESALE 430.62 78615 06/09/2009 02930 DEB SCHMIDT REIMB FOR MEALS & MILEAGE 5/18 - 5/24 126.17 78616 06/09/2009 04074 ELAINE SCHRADE INSTRUCCTION & DEMO 4/1 -5/20 380.00 78617 06109/2009 04043 SCHWAN FOOD CO MDSE FOR RESALE 40.56 06/09/2009 04043 SCHWAN FOOD CO MDSE FOR RESALE 28.87 06/09/2009 04043 SCHWAN FOOD CO MDSE FOR RESALE 20.78 78618 06/09/2009 04113 SILVER LAKE IMPROVEMENT ASSOC HERBICIDE TREATMENT SILVER LAKE 8,250.00 78619 06/09/2009 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 1,382.57 06/09/2009 00198 ST PAUL REGIONAL WATER SRVS KENNARD IRRIGATION 47.04 78620 06/09/2009 01836 CITY OF ST PAUL RECORD MGMT SOFTWARE FEES - JUNE 3.798.00 78621 06/09/2009 01550 SUMMIT INSPECTIONS ELECTRICAL INSPECTIONS - MAY 2,362.40 78622 06/09/2009 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS 1,955.79 06/09/2009 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS 1,709.28 78623 06/09/2009 04081 MICHAEL W. THOMPSON REIMB FOR TUITION & BOOKS JAN -MAY 6,204.98 78624 06/09/2009 04228 TOP TEMPORARY ENR & PRC MEETING MINUTES 517.50 78625 06/09/2009 01654 TRUGREEN- CHEMLAWN #4635 WEED CONTROL ON CONWAY AVE 229.51 78626 06/09/2009 00449 TYLER TECHNOLOGIES INC SUPPORT CONTRACT 1,635.00 78627 06/09/2009 00529 UNION SECURITY INSURANCE CO LTD PLAN 4043120 -2 - JUNE 2.773.05 06/09/2009 00529 UNION SECURITY INSURANCE CO STD PLAN 4043120 -1 - JUNE 1,802.99 78628 06109/2009 02464 US BANK FUNDS FOR ATMS 8,000.00 78629 06/09/2009 04278 VILLA LANDSCAPES REPAIR OF STAIRS FROM THE LOWER 2,012.97 74 Checks in this report. 122.597.81 Packet Page Number 163 of 188 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 06/01109 06/02/09 Tues MN State Treasurer Drivers License /Deputy Registrar(city clrk) 29,620.18 06101/09 06/02/09 US Treasurer Federal Payroll Tax (FICA) 95,299.14 06101/09 06/02/09 PERA PERA 81,763.79 06/01/09 06/02/09 MN Dept of Natural Resources DNR electronic licenses 2,762.50 06101/09 06/02/09 MN Dept of Natural Resources DNR electronic licenses 105.50 06/01109 06/02/09 US Bank VISA One Card Credit Card Billing Fee 1,862.27 06/01109 06/02/09 Great West Deferred Compensation 24,447.00 06/01/09 06/02/09 US Bank Debt Service payment 7,313.75 06/02/09 06/03/09 Wed MN State Treasurer Drivers License /Deputy Registrar(city clrk) 7,820.50 06102/09 06/03/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 31,580.56 06102/09 06/03/09 WI Dept of Revenue State Payroll Tax 1,159.79 06102109 06/03/09 MN State Treasurer State Payroll Tax 19,752.00 06/02109 06/03/09 Labor Unions Union Dues 7,152.11 06103109 06/04/09 Thur MN State Treasurer Drivers License /Deputy Registrar(city clrk) 18,334.57 06104/09 06/05/09 Fri MN State Treasurer Drivers License /Deputy Registrar(city clrk) 23,236.16 06/04/09 06/05/09 ARC Administration DCRP & Flex plan payments 2,341.02 TOTAL *Detailed listing of VISA purchases is attached. 354,550.84 Packet Page Number 164 of 188 Check Register City of Maplewood 0611212009 Check Date Vendor 78630 0611612009 01973 ERICKSON OIL PRODUCTS INC 78631 0611612009 02728 KIMLEY -HORN & ASSOCIATES INC 0611612009 02728 KIMLEY -HORN & ASSOCIATES INC 06116/2009 02728 KIMLEY -HORN & ASSOCIATES INC 0611612009 02728 KIMLEY -HORN & ASSOCIATES INC 0611612009 02728 KIMLEY -HORN & ASSOCIATES INC 78632 0611612009 01190 XCEL ENERGY 0611612009 01190 XCEL ENERGY 06116/2009 01190 XCEL ENERGY 0611612009 01190 XCEL ENERGY 0611612009 01190 XCEL ENERGY 78633 0611612009 02347 10,000 LAKES CHAPTER 78634 0611612009 04298 ALLINA SELF INSURED 78635 0611612009 00111 ANIMAL CONTROL SERVICES 78636 0611612009 03744 ANTHONY BARILLA, JR 78637 0611612009 01865 DON BOWMAN 78638 0611612009 00223 BRODIN STUDIOS, INC. 78639 0611612009 00240 G.S.C. CREDIT SERVICES 78640 0611612009 01871 KENNETH COOPER 78641 06/1612009 00420 DOWNTOWNER DETAIL CENTER 78642 0611612009 00531 FRA -DOR INC_ 78643 0611612009 02135 GETHSEMANE LUTHERAN CHURCH 0611612009 02135 GETHSEMANE LUTHERAN CHURCH 0611612009 02135 GETHSEMANE LUTHERAN CHURCH 78644 06/1612009 03988 JODI HALWEG 78645 0611612009 01867 PERRY HANSON 78646 0611612009 03538 PATRICK JAMES HUBBARD 78647 0611612009 04152 ISD 622 COMMUNITY EDUCATION 78648 0611612009 04005 JOHN A DALSIN & SON, INC 78649 0611612009 03502 KOEHNEN ELECTRIC INC 78650 0611612009 04296 STEVE KUMMER 78651 0611612009 00827 L M C I T 78652 0611612009 04300 AMY LALIBERTE 78653 0611612009 04266 COLLEEN LAYMAN 78654 0611612009 00857 LEAGUE OF MINNESOTA CITIES 78655 06116/2009 00953 MCCARTHY WELL COMPANY 78656 0611612009 04060 MES - MIDAM 0611612009 04060 MES - MIDAM 0611612009 04060 MES - MIDAM 78657 0611612009 00983 METRO SALES INC 78658 06116/2009 00001 ONE TIME VENDOR 78659 0611612009 00001 ONE TIME VENDOR 78660 0611612009 00001 ONE TIME VENDOR 78661 0611612009 00001 ONE TIME VENDOR 78662 0611612009 00001 ONE TIME VENDOR 78663 0611612009 00001 ONE TIME VENDOR 78664 0611612009 00001 ONE TIME VENDOR 78665 0611612009 01863 ROGER PACKER 78666 0611612009 04297 CHUCK PERBIX 78667 0611612009 04265 MARIA PIRELA 0611612009 04265 MARIA PIRELA 78668 06/1612009 00396 DEPT OF PUBLIC SAFETY 78669 0611612009 01345 RAMSEY COUNTY 78670 0611612009 01359 REGAL AUTO WASH DETAIL XX 78671 0611612009 01340 REGIONS HOSPITAL 78672 0611612009 01370 ROAD RESCUE EMERGENCY VEHICLES 78673 06/1612009 01836 CITY OF ST PAUL Description Amount CAR WASHES - MAY PROD 08 -13 PROF SRVS THRU 4130 PROD 07 -30 PROF SRVS THRU 4130 PROJ 04 -21 PROF SRVS THRU 04130 PROD 09 -04 PROF SRVS THRU 04130 PROD 08 -16 PROF SRVS THRU 04130 ELECTRIC UTILITY ELECTRIC & GAS UTILITY ELECTRIC & GAS UTILITY ELECTRIC & GAS UTILITY FIRE SIRENS REGISTRATION FEE REF MEDICA TRANS MEDIC PMT 8W4004 PATROL & BOARDING FEES 514 - 617 REFEREE SPRING V -BALL ASSIGNING FEE FOR SPRING V -BALL RETIREMENT PLAQUE APPLICANT BACKGROUND CHECKS REFEREE SPRING V -BALL POLICE VEHICLE CLEAN INGIDETAILING BLACK DIRT LEGACY- KENNARD REPAIR PARK LAND LEASE - MAY PARK LAND LEASE - JUNE PARK LAND LEASE - JULY REIMS UNIFORM 611 REFEREE SPRING V -BALL REFEREE SPRING V -BALL 08109 YOUTH BASKETBALL GAMES REPAIRS TO PUBLIC WORKS BLDG REPAIR LIFT STATION #6 REIMB FOR TUITION & BOOKS 111 - 5131 CLAIM DEDUCTIBLE #11063076 DANCE INSTRUCTOR AT SPECIAL REIMB FOR MILEAGE & MEALS 5120 REGISTRATION FEE JOHN NEPHEW ANNUAL PUMP INSPECTION PARTS FOR SCBAS TURN OUT GEAR PARTS FOR SCBAS DELIVERY FEE REFUND JOHNSON UCARE BENEFIT FORFEITURE PAT FLEMING REFUND R ANDERSON AMB 82053 REFUND L MALEITZKE GYM FROG REFUND KEELEY MEDICA BENEFIT REFUND D BAUER MEDICA BENEFIT REFUND J RIVERA CLASS CANCELLED REFEREE SPRING V -BALL REIMB FOR BOOTS 613 ZUMBA INSTRUCTOR ZUMBA INSTRUCTOR TRANSFER TITLES OF FORFEITED CASH FORFEITURE 62C009495 CAR WASHES - MAY MEDICAL SUPPLIES REFURBISH AMBULANCE - PROJ 07 -15 WATER MAIN INSPECTOR 153.36 101,603.65 15,156.69 10,276.73 6,014.19 2,142.54 13,465.70 2,281.79 2,240.91 266.39 50.40 180.00 1,413.84 4,162.72 432.00 240.00 220.00 50.00 96.00 386.07 167.74 2,20&00 2,20 &00 2,200.00 9800 528.00 600.00 3,793.00 2,198.03 1,315.50 6,454.98 231.71 70.00 35.69 350.00 175.00 1,761.58 1,649.06 48.65 35.35 160.00 150.00 76.84 70.00 40.00 40.00 19.00 48.00 229.99 537.80 362.00 2000 300.00 134.37 589.60 31,806.00 3,005.49 Packet Page Number 165 of 188 Packet Page Number 166 of 188 0611612009 01836 CITY OF ST PAUL CRIME LAB SERVICES - MAY 255.00 0611612009 01836 CITY OF ST PAUL RADIO SHOP SERVICE - MAY 57.00 78674 0611612009 01915 NANCY STEFFEN REFEREE SPRING V -BALL 216.00 78675 06/1612009 01574 T.A. SCHIFSKY & SONS, INC PROJ 06 -16 DESOTO PARTPMT #11 68,962.77 78676 0611612009 01615 THERMO -DYNE, INC. REPAIR OF REFRIGERANT LEAK 2,357.00 78677 0611612009 01635 TOWER ASPHALT INC PROD 07 -30 61/FROST PART PMT #4 100.282.19 78678 0611612009 04192 TRANS -MEDIC BILLING AMBULANCE RUNS - MAY 3.195.00 78679 0611612009 01654 TRUGREEN - CHEMLAWN #4635 BROAD LEAF WEED CONTROL 1,863.75 0611612009 01654 TRUGREEN - CHEMLAWN #4635 BROAD LEAF WEED CONTROL 1.78920 0611612009 01654 TRUGREEN - CHEMLAWN #4635 BROAD LEAF WEED CONTROL 1,789.20 0611612009 01654 TRUGREEN - CHEMLAWN #4635 BROAD LEAF WEED CONTROL 1,297.17 0611612009 01654 TRUGREEN - CHEMLAWN #4635 BROAD LEAF WEED CONTROL 1,285.46 0611612009 01654 TRUGREEN - CHEMLAWN #4635 BROAD LEAF WEED CONTROL 1,192.80 0611612009 01654 TRUGREEN - CHEMLAWN #4635 BROAD LEAF WEED CONTROL 619.83 78680 06116/2009 04299 V F B A INSURANCE BENEFIT 410.00 78681 0611612009 04106 W.L. HALL CO. REPAIRS MCC CONFERENCE RM 1,105.00 52 Checks in this report. 411.211.73 Packet Page Number 166 of 188 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 06/05/09 06/08/09 Mon MN State Treasurer Drivers License /Deputy Registrar(city clrk) 12,317.53 06/05109 06/08/09 MN Dept of Natural Resources DNR electronic licenses 75.00 06/05/09 06/08109 MN Dept of Natural Resources DNR electronic licenses 1,468.10 06/08/09 06/09/09 Tues MN State Treasurer Drivers License /Deputy Registrar(city clrk) 20,415.80 06/08/09 06/09/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 5,319.75 06/09/09 06/11/09 Thurs MN State Treasurer Drivers License /Deputy Registrar(city cirk) 14,671.44 06/10/09 06111109 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 16,559.53 06/10/09 06/11/09 US Bank VISA One Card* Purchasing Card Items 59,967.47 06/11/09 06/12/09 Fri MN State Treasurer Drivers License /Deputy Registrar(city clrk) 14,532.93 06/11109 06/12/09 MN Dept of Revenue Sales Tax 7,457.00 TOTAL 152,784.55 *Detailed listing of VISA purchases is attached. Packet Page Number 167 of 188 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT 06112/09 BRUNSBERG, STEVEN 114.00 06112/09 HJELLE, ERIK 416.42 06/12109 JUENEMANN, KATHLEEN 416.42 06/12/09 NEPHEW, JOHN 416.42 06112/09 ROSSBACH, WILLIAM 416.42 06112/09 STRAUTMANIS, MARIS 202.50 06/12/09 AHL, R. CHARLES 5.121.44 06/12/09 ANTONEN, JAMES 5,800.00 06112/09 BURLINGAME, SARAH 1,772.42 06112/09 CHRISTENSON, SCOTT 1,825.35 06/12,09 FARR, LARRY 2,542.04 06/12/09 JAHN, DAVID 1,788.37 06112/09 RAMEAUX, THERESE 2,942.50 06112/09 FORMANEK, KAREN 1,633.35 06/12/09 MITTET, ROBERT 3,572.04 06/12109 ANDERSON, CAROLE 2,705.27 06/12/09 DEBILZAN, JUDY 1,136.98 06112/09 JACKSON, MARY" 1032.95 06/12/09 KELSEY, CONNIE 2,494.28 06/12/09 LAYMAN, COLLEEN 1743.10 06112/09 CAREY, HEIDI 1423.75 06112/09 GUILFOILE, KAREN 4.118.10 06/12/09 KROLL, LISA L723.42 06/12,09 NEPHEW, MICHELLE 1,441.35 06112/09 PETERSON, JORDAN 279.00 06112/09 SCHMIDT, DEBORAH 2,395.37 06/12/09 SPANGLER, EDNA 97615 06/12/09 CORTESI, LUANNE 1,036.77 06112/09 JAGOE. CAROL L833.17 06/12/09 KELLY, LISA 1.106.65 06/12/09 LARSON, MICHELLE 1,137.67 06/12/09 MECHELKE, SHERRIE 1,201.76 06112/09 MOY, PAMELA 1,108 25 06112/09 OSTER, ANDREA 1,833.17 06/12109 WEAVER, KRISTINE 2,11896 06/12/09 ARNOLD, AJLA L152.00 06112/09 CORCORAN, THERESA 1,828.55 06112/09 KVAM,DAVID 4.086.18 06/12/09 PALANK, MARY 1,830.86 06/12/09 POW"ELL, PHILIP 2,81815 06112/09 SVENDSEN, JOANNE 2,041.04 06112/09 THOMALLA, DAVID 4,839.74 06/12,09 YOUNG, TAMELA 1,82855 06/12/09 ABEL, CLINT 2,845.38 Packet Page Number 168 of 188 06!12109 ALDRIDGE, MARK 3,317.87 06112109 BAKKE, LONN 1804.87 06112/09 BARTZ, PAUL 3,851.95 06112/09 BELDE, STANLEY 3.078.30 06/12/09 BENJAMIN, MARKESE 2360.72 06/12,09 BIERDEMAN, BRIAN 3,61996 06112/09 BOHL, JOHN 3,007.62 06112/09 BUSACK, DANIEL 3,036.35 06/12/09 COFFEY, KEVIN 2,90656 06/12/09 CROTTY, KERRY 3,40559 06112/09 DEMULLING, JOSEPH 2,207.88 06/12/09 DOBLAR, RICHARD 3,473.16 06/12/09 DUGAS, MICHAEL 4,316.46 06/12/09 FRITZE, DEREK 2,301.73 06112/09 GABRIEL, ANTHONY 3,234.72 06112/09 HAWKINSON JR, TIMOTHY 2,476.87 06/12109 HER, PHENG 1,857.49 06/12/09 HIEBERT, STEVEN 3,638.50 06112/09 JOHNSON, KEVIN 4,147.40 06112/09 KALKA, THOMAS 845.88 06/12/09 KARIS, FLINT 3,590.19 06/12/09 KONG, TOMMY 2,891.64 06112/09 KREKELER, NICHOLAS 752.41 06112/09 KROLL, BRETT 1767.32 06/12,09 LANGNER, TODD 2,734.63 06/12/09 LARSON, DANIEL 2,929.00 06112/09 LU, JOHNNIE 3,414.91 06112/09 MARINO, JASON 2,939.52 06/12/09 MARTIN, JERROLD 2.90096 06/12109 MCCARTY, GLEN 2,820.07 06/12/09 METRY, ALESIA 2.693.52 06112 /09 NYE, MICHAEL 3,066.46 06/12/09 OLSON, JULIE 2,918.48 06/12/09 PALMA, STEVEN 3.058.24 06112/09 RHUDE, MATTHEW 3,152.56 06112/09 SHORTREED, MICHAEL 3,881.66 06/12/09 STEFFEN, SCOTT 3,978.92 06/12,09 STEINER, JOSEPH 3,051.03 06112/09 SYPNIEWSKI. WILLIAM 2.681.98 06112/09 SZCZEPANSKI, THOMAS 3,160.35 06/12/09 TAUZELL, BRIAN 1,840.88 06/12/09 IRAN, JOSEPH 2.84112 06112/09 WENZEL, JAY 1849.60 06/12/09 XIONG,KAO 2,895.78 06/12/09 BERGERON, JOSEPH 3,596.49 06/12/09 ERICKSON, VIRGINIA 3,007.62 06112/09 FLOR, TIMOTHY 3,439.19 06112/09 FRASER, JOHN 3,151.45 06/12109 LANGNER, SCOTT 2,896.00 06/12/09 THEISEN, PAUL 1991.46 06112/09 THIENES, PAUL 3322.14 06112/09 BAUMAN, ANDREW 2,736.26 06/12/09 DAWSON, RICHARD 3,244.06 Packet Page Number 169 of 188 06/12/09 DOLLERSCHELL. ROBERT 293.39 06112109 EVERSON, PAUL, 3,067.77 06/12/09 FOSSUM, ANDREW 2.485.42 06/12109 HALWEG, JODI 2,795.91 06!12109 JUNGMANN, BERNARD 3,279.71 06112/09 NOVAK, JEROME 1.272.84 06112/09 OLSON, JAMES 1636.86 06/12109 PERBIX, CHARLES 2,622.38 06/12109 PETERSON, ROBERT 3,406.54 06112/09 RICHARDSON, ANDREA 2,650.85 06112/09 SEDLACEK, JEFFREY 3.578.26 06/12109 STREFF, MICHAEL 2,737.64 06/12%09 SVENDSEN, RONALD 3,14258 06112/09 GERVAIS -JR. CLARENCE 3.440.23 06112/09 LUKIN, STEVEN 4,387.97 06/12,09 ZWIEG, SUSAN 2,22990 06/12109 KNUTSON, LOIS 1,848.56 06112 /09 NIVEN, AMY 1,371.42 06112/09 PRIEFER, WILLIAM 2,633 27 06/12/09 AHL,. GREGORY 840.00 06/12109 BRINK, TROY 2,165.47 06/12/09 BUCKLEY,BRENT 1.788.55 06112/09 DEBILZAN, THOMAS 1076.55 06/12/09 EDGE, DOUGLAS 2,06455 06/12109 HAMRE, MILES L260.00 06112/09 JONES, DONALD 1064.55 06112/09 MEISSNER, BRENT 1,626.15 06/12109 MEYER, GERALD 2,147.39 06/12,09 NAGEL, BRYAN 3,229.26 06112/09 OSWALD, ERICK 2.372.49 06112/09 RUNNING, ROBERT 2,432.85 06/12%09 SEINES, SAMUEL 840.00 06/12/09 TEVLIN, TODD 2,07055 06112/09 BURLINGAME, NATHAN 1,846.95 06/12/09 DUCHARME, JOHN 2.634.06 06/12109 EATON, MEGAN 903.50 06/12/09 ENGSTROM, ANDREW 2,17015 06112/09 JACOBSON, SCOTT 2,277.39 06112/09 JAROSCH, JONATHAN 2,555.75 06/12109 KREGER, JASON 1,937.35 06/12109 KUMMER. STEVEN 1890.95 06112/09 LINDBLOM, RANDAL 2,636.37 06112/09 LOVE, STEVEN 2,727.34 06/12109 O'CONNOR, DONOVAN 832.00 06/12%09 THOMPSON, MICHAEL 3,48058 06112/09 ZIEMAN, SCOTT 917.40 06112/09 EDSON. DAVID 1106.69 06/12,09 GUNDERSON, ANDREW 792.00 06/12109 HINNENKAMP, GARY 2,076.58 06112/09 MARUSK.A, MARK 3,090.00 06112/09 NAUGHTON, JOHN 2.064.56 06/12/09 NORDQUIST, RICHARD 2,074.86 06/12109 NOVAK, MICHAEL 803.06 Packet Page Number 170 of 188 06/12/09 SCHINDELDECKER, JAMES 2.06917 06112109 BIESANZ, OAKLEY 1,408.46 06/12/09 DEAVER, CHARLES 748.03 06/12109 GERNES, CAROLE 480.38 06!12109 HAYMAN, JANET 1,816.74 06112/09 HUTCHINSON, ANN 2.546.17 06112/09 SOUTTER, CHRISTINE 327.88 06/12109 WACHAL, KAREN 846.59 06/12109 BERM, LOIS 56.25 06112/09 FINWALL, SHANN 2,989.35 06112/09 FRY, PATRICIA 1.898.06 06/12109 GAYNOR, VIRGINIA 2.827.97 06/12%09 HALL, KATHLEEN 135.00 06112/09 KONEWKO, DUWAYNE 4,362.50 06112/09 SINDT. ANDREA L977.35 06/12,09 THOMPSON, DEBRA 798.26 06/12109 EKSTRAND, THOMAS 3,707.78 06112/09 MARTIN, MICHAEL 2,344.55 06112/09 BRASH, JASON 1.850.95 06/12/09 CARVER, NICHOLAS 3,118.02 06/12109 FISHER, DAVID 3,687.08 06/12/09 RICE, MICHAEL 2,486.15 06112/09 SWAN, DAVID 2,559.75 06/12/09 WELLENS, MOLLY 1,477.37 06/12109 BJORK, BRANDON 187.00 06112/09 JANASZAK, MEGHAN 573.75 06112/09 KOHLMAN, JENNIFER 36.00 06/12109 ROBBINS, AUDRA 1513.20 06/12,09 ROBBINS, CAMDEN 36.25 06112/09 ROBBINS, EMERALD 238.50 06112/09 SHERRILL, CAITLIN 480.13 06/12%09 STAPLES, PAULINE 3,30918 06/12/09 TAUBMAN, DOUGLAS 3,208.66 06112/09 TAYLOR, JAMES 1170.42 06/12/09 ADAMS, DAVID 1,588.55 06/12109 GERMAIN, DAVID 2,073.79 06/12/09 HAAG, MARK 2,06455 06112/09 NADEAU, EDWARD 3,485.52 06112/09 SCHULTZ, SCOTT 1266.95 06/12109 ANZALDI, MANDY 2,023.80 06/12109 BERGLUND, DANIEL 259.00 06112/09 BRENEMAN, NEIL 1,793.02 06112/09 CRAWFORD - JR, RAYMOND 954.00 06/12109 DICKS, JOHN 171.00 06/12%09 EVANS, CHRISTINE 1,173.84 06112/09 FABIO- SHANLEY, MICHAEL 169.09 06112/09 GADOW, ANNA 349.33 06/12,09 GLASS, JEAN 2,041.87 06/12109 HANSEN, LORI 2,692.83 06112/09 HER, CHONG 661.00 06112/09 HER. PETER 244.20 06/12/09 HOFMEISTER, MARY 999.30 06/12109 HOFMEISTER, TIMOTHY 312.00 Packet Page Number 171 of 188 06/12/09 OLSON, ERICA 162.25 06112109 OLSON, SANDRA 225.00 06/12//09 PELOQUIN, PENNYE 535.06 06/12109 PENN, CHRISTINE 1,785.00 06//12109 SCHOENECKER, LEIGH 621.25 06112//09 VANG, KAY 136.00 061121/09 VANG, TIM 143.00 06//12109 ZIELINSKI, JUDY 3850 06112109 AICHELE, MEGAN 45.25 061121/09 AMUNDSON, DANIKA 47.13 06112//09 ANDERSON, JOSHUA 160.10 06112109 ANDERSON, JUSTIN 160.10 06//12%09 BAUDE, SARAH 17750 06112//09 BEITLER, JULIE 36.00 061121/09 BENJAMIN, AYLA 146.53 061/12,09 BIGGS, ANNETTE 32.25 06//12109 BRUSOE, AMY 146.71 061121/09 BRUSOE, CRISTINA 352.83 06112//09 BUC IMAYER, NICOLLET 243.60 06//12/09 BUCKLEY, BRITTANY 166.08 06//12109 CAMPBELL, JESSICA 54.00 06/12//09 DEMPSEY, BETH 171.50 061121/09 DUNK, RYAN 1,080.31 06//12109 ERICKSON- CLARK, CAROL 95.00 06112109 FLACKEY, MAUREEN 22.50 061121/09 GILL, NICOLE 51.00 06112//09 GRUENHAGEN, LINDA 352.10 06112109 HOLMBERG, LADONNA 200.00 061/12,09 HORWATH, RONALD 2,513.20 06112//09 IRISH, PETER 107.10 061121/09 JOHNSON, TAMES 152.50 06//12%09 JOSSART, ANGELA 17.00 06//12/09 JOYER, JENNA 45.90 061121/09 KOGLER, RYAN 93.90 06/12//09 KRONHOLM, KATHRYN 898.64 06//12109 LAMEYER, ZACHARY 42.25 06//12109 MANZELLA, TERESA 34.00 06112//09 MATESKI, WAYNE 196.00 061121/09 MATHEWS, LEAH 328.00 06//12109 MCCANN, NATALIE 72.00 06112109 MCCARTHY, ERICA 45.00 061121/09 OBRIEN, JULIE 100.00 06112//09 PEHOSKI, JOEL 36.00 06112109 PROESCH, ANDY 484.21 06//12%09 RENFORD, NATHAN 112.38 06112//09 RHODY, DIANE 248.00 061121/09 RICHTER, DANIEL 90.00 061/12,09 RICHTER, NANCY 1,447.70 06//12109 RONNING, ISAIAH 69.83 061121/09 SCHAEFER, NATALIE 63.29 06112//09 SCHREIER, ROSEMARIE 124 25 06//12/09 SCHREINER, MICHELLE 323.63 06//12109 SCHUNEMAN, GREGORY 80.41 Packet Page Number 172 of 188 Packet Page Number 173 of 188 06/12/09 SJERVEN. BRENDA 119.00 06112109 SKAAR, SAMANTHA 52.25 06/12//09 SKUNES, KELLY 22.50 06/12109 SMITH, ANN 98.50 06//12109 SMITLEY, SHARON 50.30 06112//09 TUPY, ELIANA 119.00 061121/09 TUPY, HEIDE 199.80 06//12109 TUPY, MARCUS 23050 06112109 WARNER, CAROLYN 336.70 061121/09 WEDES, CARYL 73.50 06112//09 WOLFGRAM, MARY 553.43 06112109 WOLFGRAM, TERESA 127.58 06//12%09 WOODMAN, ALICE 161.00 06112//09 YOUNCE, BLAISE 76.13 061121/09 ZALK, DAVID 104.25 061/12,09 ZALK, IDA 4650 06//12109 BOSLEY, CAROL 307.50 061121/09 HOLMGREN, STEPHANIE 114.75 06112//09 LANGER, CHELSEA 90.00 06//12/09 LANCER, KAYLYN 178.00 06//12109 SATTLER, MELINDA 36.00 06/12//09 SAVAGE, KAREN 133.00 061121/09 ZAGER, LINNEA 100.75 06//12109 BEHAN, JAMES 2,031.60 06112109 CURRAN, JAMES 315.00 061121/09 DOUGLASS, TOM 1,301.56 06112//09 LONETTI, JAMES 468.00 06112109 MALONEY, SHAW-NA 140.00 061/12,09 PRINS, KELLY 1,220.22 06112//09 REILLY, MICHAEL 1,861.35 061121/09 SCHOENECKER, KYLE 72.50 06//12%09 VALERIO, TARA 290.00 06//12/09 AICHELE, CRAIG 2.131.67 061121/09 PRISM, STEVEN 2,322.15 06/12//09 WOEHRLE, MATTHEW 2,037.92 06//12109 BERGO, CHAD 2,574.18 06//12109 FOWLDS, MYCHAL 3,285.88 06112//09 FRANZEN, NICHOLAS 2.242.10 1007261 061121/09 LONGRIE, DIANA 473.15 1007262 06//12109 STEFFEN, LAINIE 378.00 1007263 06112109 TAUBMAN, KEVIN 108.00 1007264 061121/09 W'ELCHLIN, CABOT 2,855.76 1007265 06112//09 DELPERDANG, CHRISTOPHER 225.00 1007266 06112109 SHEPARD, JONATHAN 225.00 1007267 06//12%09 OLSON, SCOTT 864.00 1007268 06112//09 PURL, MATTHEW 864.00 1007269 061121/09 GRAVES, CONNIE 50.00 1007270 061/12,09 MUELLNER, CHADD 252.00 1007271 06//12109 SIMPSON, JOSEPH 78.38 1007272 061121/09 VUE, LOR PAO 204.00 1007273 06112//09 BOTHNVELL, KRISTIN 27.75 1007274 06//12/09 BRENEMAN, SEAN 173.69 1007275 06//12109 BUESING, DYLAN 7350 Packet Page Number 173 of 188 1007276 06/12/09 CHASTAN, ADAM 79.01 1007277 06112109 CRANDALL, KRISTA 66.69 1007278 06/12//09 GRANT, MELISSA 22.00 1007279 06/12109 HALL, HOLLY 96.00 1007280 06//12109 HANSON, MATTHEW 147.25 1007281 06112//09 MCCORMACK, MELISSA 51.45 1007282 061121/09 MCLAURIN, CHRISTOPHER 421.88 1007283 06//12109 MORIS, RACHEL 25.00 1007284 06112109 NWANOKWALE, EMMA 89.94 1007285 061121/09 NWANOKWALE, MORDY 213.00 1007286 06112//09 PIEPER, THEODORE 162.50 1007287 06112109 ROSTRON, ROBERT 366.25 1007288 06//12%09 SCHAEFER, JAMES 103.66 1007289 06112//09 SCHMIDT, EMILY 205.05 1007290 061121/09 SCHMIDT, JOHN 22.50 1007291 061/12,09 DANIEL, BREANNA 202.76 1007292 06//12109 HER. SHILLAME 56.00 1007293 061121/09 BOVdMAN, MATTHEW 202.13 1007294 06112//09 SCHULZE, KEVIN 408.00 1007295 06//12/09 STEFFEN, MICHAEL 56.00 TOTAL 499,038.09 Packet Page Number 174 of 188 Trans Date Posting Date Merchant Name Trans Amount Name 2009/05/22 2009/05/25 TARGET 00011858 $25.71 MANDYANZALDI 2009/05130 2009/06/01 CUB FOODS, INC. $4.13 MANDYANZALDI 2009/05122 2009/05/25 AQUA LOGICS INC ($502.76) JIM BEHAN 2009/05/26 2009/05/28 THE HOME DEPOT 2801 $62.41 JIM BEHAN 2009/05/28 2009/05/29 AQUA LOGICS INC $126.38 JIM BEHAN 2009/05/28 2009/05/29 AQUA LOGICS INC $734.55 JIM BEHAN 2009/05/29 2009/06/02 AQUA LOGICS INC ($734.55) JIM BEHAN 2009/06/01 2009/06/03 NUCO2 $62.93 JIM BEHAN 2009/06/01 2009/06/03 NUCO2 $44.31 JIM BEHAN 2009/06/01 2009/06/03 NUCO2 $62.72 JIM BEHAN 2009/06/01 2009/06/03 NUCO2 $61.12 JIM BEHAN 2009/06/01 2009/06/03 NUCO2 $54.18 JIM BEHAN 2009/05/23 2009/05/25 GOOGLE *RITZCAMERACOM $164.56 CHAD BERGO 2009/05/28 2009/05/29 WWW.NEWEGG.COM $92.97 CHAD BERGO 2009/05/28 2009/05/29 GOOGLE *BUY COM $62.59 CHAD BERGO 2009/06/03 2009/06/05 ATLAS BUSINESS SOLUTIONS $249.00 CHAD BERGO 2009/05/26 2009/05/27 WALGREENS #3122 $10.96 OAKLEY BIESANZ 2009/05127 2009/05/28 CLOVER SUPER FOODS $207.09 NEIL BRENEMAN 2009/05129 2009/06/01 CUB FOODS, INC. $3.98 NEIL BRENEMAN 2009/06/01 2009/06/02 ARAMARK MINNEAPOLIS OCS $717.39 NEIL BRENEMAN 2009/05/26 2009/05/28 VANCE BROTHERS MN $336.75 TROY BRINK 2009/05/28 2009/05/29 MOGREN LANDSCAPE SUPPLY L $54.00 TROY BRINK 2009/06/01 2009/06/04 LOEFFLER SHOES $169.95 BRENT BUCKLEY 2009/05/28 2009/06/01 JIMMY JOHN'S # 574 $89.99 SARAH BURLINGAME 2009/06/01 2009/06/02 CUB FOODS, INC. $123.22 SARAH BURLINGAME 2009/06/02 2009/06/03 BEL PROMO ITEMS $477.93 SARAH BURLINGAME 2009/06/02 2009/06/04 OFFICE DEPOT #1090 $71.19 SARAH BURLINGAME 2009/06/03 2009/06/05 OFFICE DEPOT #1090 $54.93 SARAH BURLINGAME 2009/05/26 2009/05/28 THE HOME DEPOT 2801 $50.62 SCOTT CHRISTENSON 2009/05/27 2009/05/29 VIKING ELEC- CREDIT DEPT. $357.05 SCOTT CHRISTENSON 2009/05/28 2009/06/01 VIKING ELEC- CREDIT DEPT. $960.19 SCOTT CHRISTENSON 2009/06/01 2009/06/03 THE HOME DEPOT 2801 $44.28 SCOTT CHRISTENSON 2009/06/03 2009/06/04 UNITED ELECTRIC #7649 $109.25 SCOTT CHRISTENSON 2009/06103 2009/06/05 VIKING ELEC - CREDIT DEPT. $219.11 SCOTT CHRISTENSON 2009/06103 2009/06/05 VIKING ELEC - CREDIT DEPT. $355.36 SCOTT CHRISTENSON 2009/06/03 2009/06/05 VIKING ELEC- CREDIT DEPT. $14.46 SCOTT CHRISTENSON 2009/06/03 2009/06/05 THE HOME DEPOT 2810 $104.34 CHARLES DEAVER 2009/05/27 2009/05/29 GRUBERS POWER EQUIPMENT $10.32 THOMAS DEBILZAN 2009/06/01 2009/06/03 THE HOME DEPOT 2801 $18.08 RICHARD DOBLAR 2009/06/02 2009/06/04 UNIFORMS UNLIMITED INC $122.59 RICHARD DOBLAR 2009/05/27 2009/05/28 BEST BUY MHT 00000109 $21.34 JOHN DUCHARME 2009/05/26 2009/05/28 THE HOME DEPOT 2801 $181.18 DOUG EDGE 2009/05/22 2009/05/25 HIRSHFIELDS ST PAUL CSC $1,830.32 DAVE EDSON 2009/05/22 2009/05/25 NORTHERN TOOL EQUIP -MN $57.62 DAVE EDSON 2009/06/01 2009/06/03 HYDROLOGIC $521.12 DAVE EDSON 2009/05/22 2009/05/25 THE TRANE COMPANY $2,565.00 LARRY FARR 2009/05/22 2009/05/25 THE HOME DEPOT 2801 $173.33 LARRY FARR 2009/05/28 2009/05/29 COMMERCIAL FURNITURE SRVC $1,497.59 LARRY FARR 2009/05/28 2009/05/29 QQEST ASSET MANAGEMENT $2,840.00 LARRY FARR 2009/06102 2009/06/03 W M EZPAY $330.00 LARRY FARR 2009/06102 2009/06/03 W M EZPAY $688.60 LARRY FARR 2009/06/02 2009/06/03 W M EZPAY $330.00 LARRY FARR 2009/06/02 2009/06/04 VIKING ELEC - CREDIT DEPT. $690.37 LARRY FARR 2009/06/02 2009/06/04 THE HOME DEPOT 2801 $92.58 LARRY FARR 2009/06/04 2009/06/05 COMMERCIAL FURNITURE SRVC $181.13 LARRY FARR Packet Page Number 175 of 188 2009/06/04 2009/06/05 COMMERCIAL FURNITURE SRVC $378.44 LARRY FARR 2009/05/30 2009/06/01 APA ON -LINE MEMBERSHIPS $372.00 SHANN FINWALL 2009/05128 2009/06/01 ADVANCED GRAPHIC SYSTEMS $326.96 KAREN FORMANEK 2009/05129 2009/06/01 CURTIS 1000 $82.02 KAREN FORMANEK 2009/06/03 2009/06/05 COMPUTER SUPPLIES $59.22 KAREN FORMANEK 2009/05/21 2009/05/25 DE LAGE LANDEN OP01 OF 01 $265.81 MYCHAL FOWLDS 2009/05/22 2009/05/25 METRO SALES INC $1,681.81 MYCHAL FOWLDS 2009/05/22 2009/05/25 METRO SALES INC $109.06 MYCHAL FOWLDS 2009/05/22 2009/05/25 METRO SALES INC $299.97 MYCHAL FOWLDS 2009/05/22 2009/05/25 METRO SALES INC $230.47 MYCHAL FOWLDS 2009/05/31 2009/06/01 INSIGHT *PUBLICSECTOR $452.57 MYCHAL FOWLDS 2009/06/01 2009/06/02 QWESTCOMM *TN651 $66.45 MYCHAL FOWLDS 2009/06/02 2009/06/03 AT &T *8310000707190 $3,092.75 MYCHAL FOWLDS 2009/05/24 2009/05/25 INSIGHT *PUBLICSECTOR $137.87 NICK FRANZEN 2009/05/27 2009/05/28 INSIGHT *PUBLICSECTOR $157.37 NICK FRANZEN 2009/05/30 2009/06/01 INSIGHT *PUBLICSECTOR $65.12 NICK FRANZEN 2009/05/31 2009/06/01 HP DIRECT- PUBLICSECTOR $3,313.49 NICK FRANZEN 2009/05/26 2009/05/27 MENARDS 3022 $71.73 VIRGINIA GAYNOR 2009/05/21 2009/05/25 ASPEN MILLS INC. $154.10 CLARENCE GERVAIS 2009/06104 2009/06/05 FEDEX KINKO'S #0617 $254.07 CLARENCE GERVAIS 2009/06/02 2009/06/04 THE HOME DEPOT 2810 $8.52 JANET M GREW HAYMAN 2009/05/25 2009/05/27 HILTON HOTELS PALMR HS $763.72 KAREN E GUILFOILE 2009/05/26 2009/05/28 SHRED -IT $18.15 KAREN E GUILFOILE 2009/05/28 2009/06/01 THE HOME DEPOT 2801 $31.96 RICK HERLUND 2009/05/22 2009/05/25 TARGET 00011858 $22.29 RON HORWATH 2009/05/26 2009/05/27 STAYWELL - KRAMES $963.68 RON HORWATH 2009/05/28 2009/05/29 HENRIKSEN ACE HARDWARE $23.37 RON HORWATH 2009/06/01 2009/06/02 STAYW ELL - KRAMES $495.86 RON HORWATH 2009/05/29 2009/06/01 KNOWLAN'S MARKET #2 $7.35 ANN E HUTCHINSON 2009/05/22 2009/05/25 TARGET 00011858 $2.08 KEVIN JOHNSON 2009/05/28 2009/05/29 HENRIKSEN ACE HARDWARE $9.56 KEVIN JOHNSON 2009/06/03 2009/06/04 SPARTAN PROMOTIONAL GRP $160.35 KEVIN JOHNSON 2009/06/04 2009/06/05 TARGET 00011858 $3.60 KEVIN JOHNSON 2009/06/04 2009/06/05 CUB FOODS, INC. $59.41 KEVIN JOHNSON 2009/06102 2009/06/03 LESCO SC 0530 $139.26 DON JONES 2009/05122 2009/05/25 BOUND TREE MEDICAL LLC ($26.82) BERNARD R JUNGMANN 2009/05/23 2009/05/25 CUB FOODS, INC. $5.98 BERNARD R JUNGMANN 2009/05/27 2009/05/28 BEST BUY MHT 00000109 (52.14) BERNARD R JUNGMANN 2009/05/27 2009/05/28 BEST BUY MHT 00000109 $234.81 BERNARD R JUNGMANN 2009/05/27 2009/05/29 OFFICE MAX $91.76 BERNARD R JUNGMANN 2009/06/03 2009/06/04 BOUND TREE MEDICAL LLC $1,880.20 BERNARD R JUNGMANN 2009/05/21 2009/05/25 ADVANCED GRAPHIC SYSTEMS $137.39 LISA KROLL 2009/05/21 2009/05/25 OFFICE DEPOT #1090 $92.20 LISA KROLL 2009/05/22 2009/05/25 LILLIE SUBURBAN NEWSPAPE $1,226.76 LISA KROLL 2009/05/28 2009/06/01 ADVANCED GRAPHIC SYSTEMS $303.53 LISA KROLL 2009/06/01 2009/06/03 OFFICE DEPOT #1090 $204.93 LISA KROLL 2009/06/02 2009/06/04 UNIFORMS UNLIMITED INC $80.00 DAVID KVAM 2009/06/03 2009/06/04 ACCURINT EOM AUTO P $50.00 DAVID KVAM 2009/06/03 2009/06/05 UNIFORMS UNLIMITED INC $1,654.29 DAVID KVAM 2009/06/03 2009/06/05 UNIFORMS UNLIMITED INC $1,423.74 DAVID KVAM 2009/05122 2009/05/25 METRO SALES INC $556.94 STEVE LUKIN 2009/05122 2009/05/25 ATTM *878423931 NBI $180.45 STEVE LUKIN 2009/05/26 2009/05/28 ASPEN MILLS INC. $88.85 STEVE LUKIN 2009/05/26 2009/05/28 WW GRAINGER $64.85 STEVE LUKIN 2009/05/27 2009/05/28 MENARDS 3059 $3.17 STEVE LUKIN 2009/05/27 2009/05/29 3M RESOURCE RECOVERY $328.19 STEVE LUKIN Packet Page Number 176 of 188 2009/05/28 2009/05/29 EMERGENCY APPARATUS MAINT $698.58 STEVE LUKIN 2009/05/28 2009/06/01 DE LAGE LANDEN OP01 OF 01 $379.14 STEVE LUKIN 2009/05128 2009/06/01 ACTION IMPRINTS $433.18 STEVE LUKIN 2009/05129 2009/06/01 AIRGAS NORTH CENTRAL $455.29 STEVE LUKIN 2009/06/01 2009/06/02 METRO FIRE $88.74 STEVE LUKIN 2009/06/01 2009/06/02 ALLSTATE SALES AND $28.25 STEVE LUKIN 2009/06/01 2009/06/03 ASPEN MILLS INC. $44.95 STEVE LUKIN 2009/06/01 2009/06/03 ASPEN MILLS INC. $63.90 STEVE LUKIN 2009/06/02 2009/06/03 WM EZPAY $147.44 STEVE LUKIN 2009/06/03 2009/06/05 TOUSLEY FORD 127200047 $432.43 STEVE LUKIN 2009/05/22 2009/05/25 MAUTZ #3525 $175.02 MARK MARUSKA 2009/05/28 2009/06/01 GRUBERS POWER EQUIPMENT $99.95 MARK MARUSKA 2009/06/01 2009/06/02 SHERWIN WILLIAMS #3525 $106.59 MARK MARUSKA 2009/06/02 2009/06/03 W M EZPAY $700.62 MARK MARUSKA 2009/06/02 2009/06/03 LTG POWER EQUIPMENT $149.24 MARK MARUSKA 2009/06/02 2009/06/03 LESCO SC 0530 $277.55 MARK MARUSKA 2009/06/03 2009/06/04 HENRIKSEN ACE HARDWARE $319.36 MARK MARUSKA 2009/05/21 2009/05/25 THE HOME DEPOT 2810 $20.77 JON A MELANDER 2009/05122 2009/05/25 QWESTCOMM*TN651 $58.00 ROBERT MITTET 2009/05126 2009/05/28 SHRED -IT $18.15 ROBERT MITTET 2009/05/28 2009/05/28 COMCAST CABLE COMM $142.08 ROBERT MITTET 2009/05/31 2009/06/02 AIRLINES AR 3377431977324 $269.20 ROBERT MITTET 2009/06/02 2009/06/03 FSH COMMUNICATION01 OF 01 $63.90 ROBERT MITTET 2009/05/26 2009/05/28 METROCALL /ARCH WIRE $15.97 ED NADEAU 2009/05/27 2009/05/29 NORTHERN TOOL EQUIP -MN $9.06 ED NADEAU 2009/06/02 2009/06/04 MILLS FLEET FARM #27 $21.34 ED NADEAU 2009/05/26 2009/05/27 CERTIFIED LABORATORIES $463.57 BRYAN NAGEL 2009/05/29 2009/06/01 FEDEX KINKO'S #0617 $41.64 AMY NIVEN 2009/06/03 2009/06/04 MOGREN LANDSCAPE SUPPLY L $28.82 RICHARD NORDQUIST 2009/05/22 2009/05/25 PROM CATERING $118.90 CHRISTINE PENN 2009/05/22 2009/05/25 CVS PHARMACY #1751 Q03 $7.46 PHILIP F POWELL 2009/06/02 2009/06/03 BUY.COM $20.35 PHILIP F POWELL 2009/06/01 2009/06/02 GE CAPITAL $331.99 WILLIAM J PRIEFER 2009/05/21 2009/05/25 FACTORY MOTOR PARTS #19 $279.99 STEVEN PRIEM 2009/05/21 2009 /05/25 FACTORY MTR PTS #1 $131.95 STEVEN PRIEM 2009/05/22 2009/05/25 BOYER TRUCK PARTS $65.63 STEVEN PRIEM 2009/05/26 2009/05/28 KATH AUTO PARTS NSP $31.22 STEVEN PRIEM 2009/05/27 2009/05/29 TURF WERKS EGAN ($172.73) STEVEN PRIEM 2009/05/27 2009/05/29 CARLSON TRACTOR & EQUIP $127.61 STEVEN PRIEM 2009/05/27 2009/05/29 WESTSIDE EQUIPMENT $202.00 STEVEN PRIEM 2009/05/28 2009/05/29 PARTS ASSOCIATES INC $120.97 STEVEN PRIEM 2009/05/28 2009/06/01 KATH AUTO PARTS NSP $159.36 STEVEN PRIEM 2009/05/30 2009/06/01 TURF WERKS OMAHA ($161.94) STEVEN PRIEM 2009/06/02 2009/06/03 POMPS TIRE SERVICE $95.75 STEVEN PRIEM 2009/06/02 2009/06/03 AMERICAN FASTENER AND SUP $32.54 STEVEN PRIEM 2009/06/02 2009/06/03 TRANSPORTATION SUPPLIES 1 $68.78 STEVEN PRIEM 2009/06/02 2009/06/04 TOUSLEY FORD 127200039 $264.90 STEVEN PRIEM 2009/06/03 2009/06/04 POLAR CHEVROLET MAZDA PAR $42.34 STEVEN PRIEM 2009/06/03 2009/06/05 KATH AUTO PARTS NSP ($44.73) STEVEN PRIEM 2009/06/03 2009/06/05 KATH AUTO PARTS NSP ($78.56) STEVEN PRIEM 2009/06/03 2009/06/05 KATH AUTO PARTS NSP $78.56 STEVEN PRIEM 2009/06/03 2009/06/05 KATH AUTO PARTS NSP $153.22 STEVEN PRIEM 2009/06/03 2009/06/05 KATH AUTO PARTS NSP $44.73 STEVEN PRIEM 2009/06/03 2009/06/05 KATH AUTO PARTS NSP $78.56 STEVEN PRIEM 2009/06/03 2009/06/05 TRI -STATE BOBCAT INC. $8.51 STEVEN PRIEM 2009/05/22 2009/05/25 MN OCCUPATIONAL HEALTH $490.00 TERRIE RAMEAUX Packet Page Number 177 of 188 2009/06/01 2009/06/02 GE CAPITAL 2009/05/27 2009/05/28 HILLYARD INC MINNEAPOLIS 2009/05/27 2009/05/29 DALCO ENTERPRISES, INC 2009/06/03 2009/06/04 DALCO ENTERPRISES, INC 2009/06/04 2009/06/05 HILLYARD INC MINNEAPOLIS 2009/05/27 2009/05/28 TARGET 00011858 2009/05/27 2009/05/29 THE HOME DEPOT 2807 2009/05/28 2009/05/28 AMAZON.COM 2009/05/28 2009/05/29 AMAZON.COM 2009/05/28 2009/06/01 DAVIS LOCK & SAFE 2009/05/29 2009/06/01 AMZ *AMAZON PAYMENTS 2009/05/30 2009/06/01 APC *ALLPOSTERS.COM 2009/06/02 2009/06/03 TARGET 00011858 2009/06/02 2009/06/04 HYDROLOGIC 2009/06/02 2009/06/04 THE HOME DEPOT 2801 2009/06/02 2009/06/04 MIDC ENTERPRISES 2009/06/02 2009/06/04 MIDC ENTERPRISES 2009/06/03 2009/06/05 MIDC ENTERPRISES 2009/06102 2009/06/03 MENARDS 3059 2009/05126 2009/05/28 SHRED -IT 2009/05/27 2009/05/28 THE GRAFIX SHOPPE 2009/05/28 2009/06/01 CLASSIC COLLISION CENT 2009/05/29 2009/06/01 UNIFORMS UNLIMITED INC 2009/05/29 2009/06/01 THE GRAFIX SHOPPE 2009/06/01 2009/06/02 THE GRAFIX SHOPPE 2009/06/01 2009/06/02 COMOPARK ANIMAL HOSPITAL 2009/06/01 2009/06/04 UNIFORMS UNLIMITED 2009/05/28 2009/06/01 OFFICE DEPOT #1090 2009/05/21 2009/05/25 HALFPRICEBANNERS.COM 2009/05/28 2009/06/01 MIDWEST SPORTS SUPPLY 2009/06/03 2009/06/05 DISPLAYS 2 GO 2009/05/28 2009/06/01 DE LACE LANDEN OP01 OF 01 2009/06/01 2009/06/02 T- MOBILE RECURRING PMT 2009/06/02 2009/06/04 STRAUSS SKATE AND BICY 2009/06/02 2009/06/04 STRAUSS SKATE AND BICY 2009/06/04 2009/06/05 METRO ATHLETIC SUPPLY 2009/06/04 2009/06/05 DIAMOND VOGEL PAINT CENT 2009/06/04 2009/06/05 ZAHL PMC 2009/06/04 2009/06/05 MENARDS 3059 2009/06/04 2009/06/05 LISPS 2663650009 2009/05/26 2009/05/28 WAL -MART #3404 2009/05/28 2009/06/01 QUILL CORPORATION 2009/06/01 2009/06/02 LISPS POSTAL ST66100207 2009/06/02 2009/06/04 S &S WORLDWIDE 2009/06/03 2009/06/05 ADVANCED GRAPHIC SYSTEMS TOTAL $43.77 TERRIE RAMEAUX $417.55 MICHAEL REILLY $729.96 MICHAEL REILLY $60.19 MICHAEL REILLY $999.68 MICHAEL REILLY $70.99 AUDRA ROBBINS ($127.17) AUDRA ROBBINS $15.66 AUDRA ROBBINS $8.23 AUDRA ROBBINS $31.15 AUDRA ROBBINS $29.81 AUDRA ROBBINS $51.86 AUDRA ROBBINS $130.78 AUDRA ROBBINS $98.41 ROBERT RUNNING $36.17 ROBERT RUNNING $43.13 ROBERT RUNNING $17.35 ROBERT RUNNING ($43.13) ROBERT RUNNING $31.47 JAMES SCHINDELDECKER $63.27 MICHAEL SHORTREED $274.77 MICHAEL SHORTREED $1,704.40 MICHAEL SHORTREED $234.75 MICHAEL SHORTREED $250.28 MICHAEL SHORTREED $335.00 MICHAEL SHORTREED $279.24 MICHAEL SHORTREED $1,982.49 MICHAEL SHORTREED $219.23 ANDREA SINDT $130.00 PAULINE STAPLES $151.70 PAULINE STAPLES $168.26 PAULINE STAPLES $483.58 JOANNE M SVENDSEN $106.29 DOUGLAS J TAUBMAN $1,800.00 JAMES TAYLOR $100.00 JAMES TAYLOR $148.15 JAMES TAYLOR $116.20 TODD TEVLIN $9.29 TODD TEVLIN $37.60 TODD TEVLIN $17.60 KAREN WACHAL $10.14 SUSAN ZWIEG $143.89 SUSAN ZWIEG $89.00 SUSAN ZWIEG (533.29) SUSAN ZWIEG $136.70 SUSAN ZWIEG $59,967.47 Packet Page Number 178 of 188 Agenda #M -2 AGENDA REPORT To: City Manager James Antonen From: Chief of Police David J. Thomalla Subject: Approval of 2009 Byrne Justice Assistance Grant (JAG) Date: June 12, 2009 Introduction The Police Department would like to enter into an Interlocal Agreement with the St. Paul Police Department and Ramsey County for a 2009 Byrne Justice Assistance Grant, and City Council approval is required for us to participate in this Agreement. Background In 2005 and 2007, the Police Department participated in similar grants; and we are now requesting permission to enter into another Interlocal Agreement with the St. Paul Police Department and Ramsey County for this 2009 Justice Assistance Grant. Maplewood's share of this grant is $18,098, less 10 percent for administrative fees. There is no local match required. The St. Paul Police Department has taken on the administrative responsibilities for this grant, so there will be no administrative expense to the City. It is the intent of the Police Department to use this funding to fight gangs and drugs by supplementing the grant which currently funds these two positions. This Agreement has been reviewed and approved by the City Attorney. Recommendation It is recommended that the City Council authorize the Police Department to enter into this Interlocal Agreement and accept $18,098 under the 2009 Byrne Justice Assistance Grant. Action Required Submit to the City Council for review and action. DJT:js Attachment Packet Page Number 179 of 188 GMS APPLICATION NUMBER 2009 G9- 312 -MN -DJ THE STATE OF MINNESOTA COUNTY OF RAMSEY KNOW ALL BY THESE PRESENT INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAINT PAUL, MAPLEWOOD AND THE COUNTY OF RAMSEY, MINNESOTA 2009 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 1 st day of June, 2009, by and between the CITY of SAINT PAUL and CITY OF MAPLEWOOD, acting by and through their governing bodies, their City Councils, hereinafter referred to respectively as Saint Paul and Maplewood and the COUNTY OF RAMSEY, acting by and through its governing body, the Commissioners of the County, hereinafter referred to as Ramsey, all of Ramsey County, State of Minnesota, witnesseth: WHEREAS, this Agreement is made under the authority of the provision of Minnesota Statutes Section 471.59, the Joint Powers Act; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, the City of Saint Paul agrees to provide the City of Maplewood $18,098 less 10 percent administrative funds and Ramsey County $151,654 less 10 percent administrative funds from the JAG award for the Collaborative JAG Program; and WHEREAS, all parties believe it to be in their best interests to reallocate the JAG funds. Packet Page Number 180 of 188 GMS APPLICATION NUMBER 2009 G9 312 -MN -DJ NOW THEREFORE, the Saint Paul, Maplewood and Ramsey agree as follows: Section 1. Saint Paul agrees to pay Maplewood and Ramsey a total of $169,752 of JAG funds as outlined above. Section 2. Maplewood and Ramsey agrees to use $169,752 less 10 percent administrative funds for the Collaborative JAG Program until September 30, 2013. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against Maplewood and Ramsey other than claims for which liability may be imposed by the Minnesota Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against Saint Paul other than claims for which liability may be imposed by the Minnesota Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any party not a signatory to the Agreement to obtain a right by virtue of this Agreement. Section 7. 2 Packet Page Number 181 of 188 By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any parry not a signatory hereto. GMS APPLICATION NUMBER 2009 G9 312 -32 -DJ CITY OF SAINT PAUL, RAMSEY COUNTY, MINNESOTA APPROVED AS TO FORM: Assistant Saint Paul City Attorney Saint Paul Mayor Finance Director Packet Page Number 182 of 188 GMS APPLICATION NUMBER RAMSEY COUNTY, MINNESOTA Manager Ramsey County Packet Page Number 183 of 188 GMS APPLICATION NUMBER City of Maplewood, Ramsey County, Minnesota Mayor Chief of Police City Attorney Finance Director Packet Page Number 184 of 188 Agenda Item M3 TO: James Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: June 17, 2009 RE: Contract — Event 360 Race for the Cure — Use of Harvest Park Introduction Nancy G. Brinker promised her dying sister, Susan G. Komen, she would do everything in her power to end breast cancer forever. In 1982, that promise became the Susan G. Komen Race for the Cure and launched the global breast cancer movement. Today, Komen for the Cure is the world's largest grassroots network of breast cancer survivors and activists fighting to save lives, empower people, ensure quality care for all and energize science to find the cures. Background For the last two years, Event 360 coordinators have contracted with the City for the use of Harvest Park for their home base for over 3,000 participants for the Race for the Cure Three Day Event held in the Metro area. It has been a successful partnership and Event 360 organizers have requested the use of Harvest Park again this year. The Event is scheduled for August 20 -23. Staff has had correspondence with Event 360 coordinators to ensure that health and safety, public safety and other concerns are met. Staff has experienced a very professional and responsible working relationship the last two years with the Event coordinators and look forward to working with them again. Attached you will find a copy of the proposed contract that requires council approval. Recommendation It is recommended that the City Council approve the Event 360 Race for the Cure contract. Packet Page Number 185 of 188 USE AGREEMENT City of Maplewood Citizen Services Department The Use Agreement (hereafter "Agreement ") is made and entered in to this day of , 2009 by and between the City of Maplewood, a Minnesota municipal corporation (hereafter the "City "), and NPT Breast Cancer 3- Day, LLC., as producer of the 2009 Twin Cities Breast Cancer 3 -Day benefiting Susan G. Komen For The Cure and the National Philanthropic Trust, a non- profit organization (hereafter "NPT -3- Day "). WHEREAS, NPT -3 -Day has requested to use the Harvest Park property for a scheduled non- profit event benefiting Susan G. Kamen For The Cure and the National Philanthropic Trust, national non - profit organizations; and WHEREAS, the City believes that the non - profit event planned by NPT -3 -Day would benefit the citizens of the City of Maplewood and the surrounding areas and desire to allow use of the Harvest Park property for the requested uses; NOW THEREFORE, in consideration of the mutual promises, covenants, and benefits contained herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by the City and NPT -3 -Day agree as follows: 1. NPT -3 -Day shall have the right to use the Harvest Park property in connection with a non- profit cancer awareness program. NPT -3 -Day shall have the right to use the property to construct an overnight campground. NO campfires will be allowed, and all camp design and construction plans, including areas in which vehicular access to the property will be allowed, shall be subject to the specific approval of the City. 2. NPT -3 -Day will be permitted to use the Harvest Park property on the following days: a. August 19 and 20, 2009, for set up b. August 21 -23, 2009, for special event day c. August 24, 2009 for clean up 3. NPT -3 -Day accepts full responsibility and liability for any and all damages resulting to the park property as a result of its use by NPT -3 -Day. NPT -3 -Day agrees to restore the property to its previous condition, which is acceptable to the City of Maplewood. The Director of Citizen Services and Maplewood Staff will meet with David Kramer, Production Coordinator, Event 360, Inc., on Monday, August 24, 2009, to evaluate the condition of the property and to determine what work will be necessary to restore the property to its previous condition. A security deposit of $250.00, made payable to the "City of Maplewood" must be received by July 31, 2009. The deposit will be refundable after inspection of the property and completion of all items of concern. 4. NPT -3 -Day shall maintain general liability insurance in an amount of at least $2,000,000.00 per person and $3,000,000.00 per occurrence during the policy term to protect the City from any and all liability to persons or property which may result from NPT -3 -Day use of the Harvest Park property. Packet Page Number 186 of 188 5. The City of Maplewood shall be responsible for having the property mowed and clear of litter and trash and in good and useable condition prior to August 20, 2009. 6. NPT -3 -Day will coordinate security and traffic issues with the City of Maplewood Police Department. The event area will be secured and closed to the public no later than 9:00 p.m. on the days that the property is being used by the NPT -3 -Day. 7. NPT -3 -Day shall notify the City by July 1, 2009, of the emergency contingency plan for the scheduled event in case of inclement weather. 8. NPT -3 -Day shall defend, indemnify and save harmless the City, its elected officials, officers, agents, and employees from any and all suits, actions, legal proceedings, claims, demands, costs, expenses, and attorney's fees resulting from any claim arising as a result of Twin Cities Breast Cancer 3 -Day use of the Harvest Park property under this Agreement. Nothing herein contained shall be deemed to in any way constitute a waiver by the City of any privileges and immunities it may have under the laws of the State of Minnesota or the Constitution of the State of Minnesota. 9. This Agreement shall become effective on the date signed by the last party hereto, and shall be governed by the laws of the State of Minnesota. Agreed to by the undersigned as evidenced by the signature set forth below. City of Maplewood M By: Mayor, Diana Longrie City Manager, James Antonen Date: Date: Attest: City Clerk, Karen Guilfoile NPT Breast Cancer 3 -Day By: Thomas Grace Title: NPT Chief Operating Officer, NPT Breast Cancer 3 -Day, LLC Packet Page Number 187 of 188 Agenda Item M4 TO: Jim Antonen, City Manager FROM: Karen Guilfoile, City Clerk DATE: June 18, 2009 RE: Lawful Gambling License — Lady Slipper Chapter of the American Business Association at Dean's Tavern tiTir1*Y ffl%n 71 Sandra Tia Damman on behalf of Lady Slipper Chapter of the American Business Women's Association has submitted an application and is requesting approval of an annual premise license for lawful gambling at Dean's Tavern located at 1986 Rice Street. The Lady Slipper Chapter of the American Business Women's Association has been in existence since 1984 and been registered with the State of Minnesota since 1990. They have had charitable gambling locations in St. Paul and Roseville. The organization currently runs lawful gambling in St. Paul at Nickel Joint, Hoover's, Ron's Bar, and Tracks Bar & Grill. As required by City ordinances, the necessary background investigation was completed by the Police Department on Ms. Damman. In the course of this investigation, state criminal history files were checked along with contacts through the MN Gambling Control Board; and the cities of Roseville, St. Paul, Maplewood and the County of Ramsey. In order for the State of Minnesota to issue an annual premise license, approval of the following resolution from the City is required: BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premise license for lawful gambling is approved for Lady Slipper Chapter of the American Business Women's Association to operate at Dean's Tavern, located at 1986 Rice Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said license application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation It is recommended that council approve the lawful gambling premise license and resolution for Lady Slipper Chapter ABWA to operate at Dean's Tavern. Packet Page Number 188 of 188