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HomeMy WebLinkAbout2009 07-13 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 6:30 P.M. Monday, July 13, 2009 City Hall, Council Chambers Meeting No. 14 -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." E. APPROVAL OF MINUTES 1. Approval of June 22, 2009, City Council Workshop Minutes 2. Approval of June 22, 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.) H. COUNCIL PRESENTATIONS APPOINTMENTS AND PRESENTATIONS 1. Resolution Of Appreciation For Rita Andreoli- HRA J. PUBLIC HEARINGS 1. Holloway Avenue and Stanich Highlands Area Improvements, Project 09 -13 a. Public Hearing 7:00 p.m. b. Resolution Ordering Improvement After Public Hearing (4 Votes) 2. 7:30 p.m. Gladstone — Phase I — City Project 04 -21 — Consider Resolution Ordering Improvement To Construction (4 Votes) 3. 8:00 p.m. Economic Development Authority a. First Reading —Adopting An Ordinance Establishing The Maplewood Area Development Authority b. Consider Resolution Establishing The Maplewood Business And Economic Development Advisory Commission (BEDC) K. UNFINISHED BUSINESS 1. Consider Resolution Approving Extension To Open Space Purchase Option Within Carver Crossing Development Contract (To Be Tabled To July 27, 2009) 2. Resolution To Revise tthe 2009 Budget a. Reduce 2009 Revenue Estimates b. Reduce 2009 Expenditure Summary c. Revise 2009 Fund Transfers L. NEW BUSINESS 1. Markham Pond Retaining Wall Improvement — City Project 05 -18 a. Consider Resolution Receiving Property Owner Improvement Petition b. Approving Improvement Agreement With Property Owner c. Approving Plans And Specifications For Improvement And Authorizing Receipt Of Bids 2. Approval Of Agreement Between The City And The Minnesota Department Of Public Safety Regarding Dishonored Check Procedures 3. Discussion On Administrative Citations — Councilmember Nephew 4. Acceptance Of Comprehensive Annual Financial Report - 2008 5. Suspension Of The Maplewood Monthly Council Corner — Councilmember Nephew 6. Approval To Pay For Agent Commission For Insurance Policies 1. Approval Of Claims 2. Approval Of Conditional Use Permit Review — Gethsemane Senior Housing, South Of 2410 Stillwater Road 3. Carsgrove Meadows Area Street Improvements, Project 08 -10, Resolution Directing Modification Of Existing Construction Contract, Change Order No. 1 4. Resolution To Request Adoption Of 2009 Pay Rates For Temporary /Seasonal, Casual Part -Time Employees — Mid -Year Minimum Wage Amendment 5. Approval To Purchase Police Department Property Room Shelving Upgrade 6. Approval Of Transfers For 2008 7. Approval of Geotechnical Services For Stillwater Road Improvements, Project 09 -04 8. Resolution Accepting Youth Scholarship Donation From Jerome And Audrey Hughes 9. Resolution Accepting Youth Scholarship Donation From Bruce And Marjorie Cuthbert 10. Resolution Accepting Youth Scholarship Donation From Bruce Mogren, Incorporated N. AWARD OF BIDS 1. Consider Approval Of Bids For Park Improvements For Goodrich and Vista Hills 2. Consider Approval Of Bid For Maplewood Nature Center Trail 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.) :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 22, 2009 Council Chambers, City Hall A. CALL TO ORDER Agenda Item E1 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:00 p.m. by Mayor Longrie. B. ROLL CALL A FBI Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA Councilmember Nephew moved to approve the agenda as submitted. Seconded by Councilmember Hjelle. Ayes — All The motion passed. UNFINISHED BUSINE: None. E. NEW BUSINESS Receipt and Presentation of Comprehensive Annual Financial Report (CAFR) for 2008 and Report by Auditor HLB Tautges, Redpath, LTD. a. Finance Director, Bob Mittet, introduced the item. b. Partner, David Mol, HLB Tautges, Redpath LTD gave the report and answered questions of the council. 2. Declaration of Intent to Close Meeting a. Discussion With City Attorney on Carver Crossing Development Contract Provisions For Extension of Open Space Purchase Option i. City Attorney, Alan Kantrud addressed the council and answered questions of the council. Mayor Longrie closed the meeting pursuant to Minnesota State Statute, Chapter 13 relating to AttorneYlClient privilege for the purpose of discussion. Packet Page Number 3 of 219 City Attorney, Kantrud asked the members representing Lakeland Construction to address the council. Heidi Carpenter, Attorney, representing Lakeland Construction and the receiver addressed and answered questions of the council. Scott Thorenson, representing Lakeland Construction addressed the council. Both sides will discuss this item further at a later date. Mayor Longrie reopened the meeting at 7:07 p.m. Mayor Longrie adjourned the meeting at 7:08 p.m. Packet Page Number 4 of 219 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, June 22, 2009 Council Chambers, City Hall Meeting No. 13 -09 A. A A CALL TO ORDER Agenda Item E2 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:17 p.m. by Mayor Longrie due to the lateness of the 5:00 p.m. workshop meeting. PLEDGE OF ALLEGIANCE Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present D. APPROVAL OF AGENDA The following items were added by councilmembers: Councilmember Hjelle removed L7. Reduction of 2009 City Budget to Reflect Loss of Revenue. Mayor Longrie said a request had been made to move agenda item M4. between L2 and L3. Councilmember Juenemann has a brief update on Ramsey County Dispatch H1. Mayor Longrie has an update on the First Tier Suburb Committee Meeting as H2. Councilmember Rossbach has an update on Rush Line Corridor Report as H3. Councilmember Nephew moved to approve the agenda as amended. Seconded by Councilmember Hjelle. Ayes — All The motion passed. E. APPROVAL OF MINUTES Approval of the June 1, 2009, Council Workshop Minutes Councilmember Nephew moved to approve the June 1, 2009, Council Workshop Minutes as submitted. Seconded by Mayor Longrie. Ayes — Mayor Longrie Councilmembers Nephew & Rossbach Abstentions — Councilmember Hjelle & Juenemann Packet Page Number 5 of 219 The motion passed. F9 Approval of the June 1, 2009, A Continuation of May 28, 2009, Council Meeting Minutes Councilmember Nephew moved to approve the June 1, 2009, A Continuation of May 28, 2009, Council Meeting Minutes as submitted. Seconded by Councilmember Hjelle. The motion passed. Approval of the June 8, 2009, Council Workshop Mi Councilmember Nephew moved to approve the June 8! submitted. Seconded by Councilmember Rossbach. The motion passed. Approval of the June 8, 2009, Council Meeting Minutes Ayes — Mayor Longrie, Councilmembers Hjelle, Nephew & Rossbach Abstain — Councilmember Juenemann am Councilmember Juenemann phoned her correction to the June 8, 2009, council minutes into the city clerk. On page 19 of 178 and page 22 of 978 in the packet the motion for K1. was made by Councilmember Nephew, not by Councilmember Juenemann. Councilmember Juenemann had seconded the motion. Councilmember Nephew moved to approve the minutes as amended Seconded by Councilmember Ayes — All The motion passed. VISITOR PRESENTATIONS — PART I Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick commented on the Friends of Maplewood website and on City Manager Antonen's salary and benefits. 2. Judith Johannssen, 1610 Woodlyn Avenue East, #3, Maplewood. Presented a petition regarding the city council writing articles for the Maplewood Monthly. 3. Dave Schilling, 1955 Greenbrier Street, Maplewood. Mr. Schilling commented on city spending and the budget issues the city is facing currently and in the future. Packet Page Number 6 of 219 4. Melanie Edgett, 2701 Geranium Avenue East, Maplewood. Ms. Edgett said she is building a new garage and is going green. She was concerned about the fees that were involved in the removal and building of a new garage verses reusing current buildings and she asked if the city council would approve or deny her request to have the related fees waived. 5. John Wykoff, 2345 Maryland Avenue East, Maplewood. Mr. Wykoff stated members from AFSCME and AFLCIO called him regarding being interviewed before candidates have even filed for office with the City. He was concerned about this. 6. Roger Anderson, 2730 Carver Avenue, Maplewood. Spoke about a summons he received for his property regarding Code violations. G. ADMINISTRATIVE PRESENTATIONS Announcement of Council Manager Workshop — July 6, 2009, at 5:00 p.m. Discussion of 2009 and 2010 Budget. a. City Manager, James Antonen gave a brief report. H. COUNCIL PRESENTATIONS 1. Councilmember Juenemann reported on an increase in fees for Ramsey County Dispatch services and a study that was done regarding services they provide. More information will follow. 2. Mayor Longrie gave a report and update on the First Tier Suburb Committee meeting in connection with the National Leaoue of Cities. 3. Councilmember Rossbach gave an update on the Rush Line Corridor Task Force and their next meeting June 24, 2049. 1. APPOINTMENTS AND PRESENTA None. J. PUBLIC HEARINGS National Pollutant Discharge Elimination System (NPDES) Phase 11 Annual Report/Public Meeting — 7:00 p.m. a. Community Development and Parks Director, DuWayne Konewko gave the presentation and answered questions of the council. b. City Engineer, Deputy Public Works Director, Michael Thompson answered questions of the council. Mayor Longrie opened the public hearing. Nobody came forward to address the council. Mayor Longrie closed the public hearing. Councilmember Hjelle moved to approve the National Pollutant Discharge Elimination System (NPDES) Phase II Annual Report. Packet Page Number 7 of 219 Seconded by Councilmember Juenemann. Ayes — All The motion passed 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 a. City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the council. Mayor Longrie asked if anyone wanted to come forward. Sherry Orlando, 3001 Standridge Place, Maplewood. Councilmember Hjelle moved to approve the resolution awarding the Lake Links Trail Bid Sons in the total amount of $128.534.21. RESOLUTION COUNTY ROAD D STREET IMPROVEMENTS AWARD BID ALTERNATE 1 FOR THE L' GHT TO LYDIA), PROJECT 08 -20 KS TRAIL IMPROVEMENTS WHEREAS, bid alternate pricing for the received as a part of the County Road D WHEREAS, the bid alternate and it Improvements, City Project 08 -16, was aments, City Project 08 -20, and of a very competitive bidding environment, 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 22n day of June 2009. Seconded by Councilmember Juenemann. Ayes — Mayor Longrie, Councilmembers Hjelle, Juenemann & Nephew Nair — Councilmember Rossbach The motion passed. Packet Page Number 8 of 219 2. Consider Resolution Approving Extension to Open Space Purchase Option Within Carver Crossing Development Contract a. City Attorney, Alan Kantrud gave the presentation and answered questions of the council. Councilmember Nephew moved to table this item until a later date. Seconded by Councilmember Hjelle. Ayes — All Mayor Longrie made a friendly amendment to table this until the next council meeting. The motion passed. 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 i. Assistant City Manager, Public Works Director, Chuck Ahl gave the presentation and answered questions of the council Councilmember Rossbach moved to approve the su totaling $163,900 by adopting the resolution for sev( RESOLUTIO APPROVING ENERGY BLOCK GRANT (EE WHEREAS, the City of Map of grant information for is for submittal. & CONSERVATION APPLICATION 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 issuefaward 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 1) HVAC controls efficiency at City Hall 2) Administrative Costs 3) Public Facilities Audit 4) Maplewood Mall Parking Lot Lights Retrofit Grant Packet Page Number 9 of 219 5) Goodrich Park Lighting Upgrade 6) Lower Track Lighting Upgrade at MCC 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. Attest: City Clerk Seconded by Councilmember Juen The motion passed. Councilmember Hjelle Administrator. Seconded by Councilmember Jenemann. Mayor Ayes —All Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay — Mayor Longrie 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 i. Assistant City Manager, Public Works Director, Chuck Ahl gave the report. ii. City Attorney, Alan Kantrud answered questions of the council. iii. City Manager, James Antonen answered questions of the council. Packet Page Number 10 of 219 Councilmember Nephew moved to approve the resolution adopting an ordinance establishing the Maplewood Area Development Authority and changing the start time for the public hearing from 7 to 8 p.m. RESOLUTION 09 -06 -205 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 8:00 pm CDT. Passed and adopted this 22nd day of June 2009. Seconded by Councilmember Juenemann. Ayes — All Councilmember Nephew moved to approve adopting the bylaws of the Maplewood Economic Development Authority. RESOLUTION 09 -06 -206 ADOPTING BYLAWS OF THE � iii • • � •' � •' 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 Packet Page Number 11 of 219 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. Seconded by Councilmember Juenemann. AN ORDINANCE ESTABLISHING THE MAP THE CITY COUNCIL OF THE CITY OF MAPL SECTION 1. Section 315.01. Definitioi Ordinance, the terms defined have the meanings Subd 2. "Authority" - an Economic 469.090 through 469.1082 Ayes — All EA DEVELOPMENT AUTHORITY ESOTA ORDAINS: ion 1. Common terms As used in this nt Authority as defined by Minnesota Statutes 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 46-Q 4-22 469.1082 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 469.123 469.1082 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. Packet Page Number 12 of 219 Councilmember Nephew moved to approve the resolution directing consideration of business and economic development advisory commission. RESOLUTION 09 -06 -207 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 to NOW, THEREFORE, BE IT RESOLVED that 1) Directs the city staff to prepare Development Advisory Com C for on the creation of said authority. the City of Maplewood hereby: n of a Business and Economic 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. Seconded by Councilmember Juenemann. Ayes — All Packet Page Number 13 of 219 Councilmember Nephew moved to approve accepting the purchase agreement from roadmaster of Minnesota LLC for the parcel on Van Dyke Street north at Castle Avenue. RESOLUTION 09 -06 -208 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. Seconded by Councilmember Rossbach. Ayes — All The council took a 5- minute recess. The council reconvened. Packet Page Number 14 of 219 Mayor Longrie moved that items L1, L2, M4 and K8 be heard out of order due to citizens waiting. Seconded by Councilmember Nephew. Ayes — All The motion passed. L. NEW BUSINESS (HEARD OUT OF ORDER) On -Sale Intoxicating Liquor License — Approve TGI Friday's New Manager, John Mark Dorow a. City Clerk, Director Citizen Services, Karen Guilfoile gave the report. b. Manager, John Mark Dorow, TGI Friday's, 3087 White Bear Avenue, Maplewood addressed and answered questions of the council. Councilmember Hjelle moved to approve the On -Sale Intoxicating Liquor License for TGI Friday's New Manager, John Mark Dorow at 3087 White Bear Avenue. Seconded by Councilmember Nephew. The motion passed. 2. On -Sale Intoxicating Liquor Licen Milton Authier a. City Clerk, Director Citizen S b. Manager, Milt Authier, Cham and answered questions of tl Ayes — All prove Champps New Manager, Richard :area Guilfoile gave the report. t Adolphus Street, Maplewood addressed I. Councilmember Hjelle Seconded by Councilmember Juenemann Ayes — All The motion passed. 1 11 1111 IF III 4. Approval of Lawful Gambling License — Lady Slipper Chapter of The American Business Association at Dean's Tavern Councilmember Hjelle moved to approve the Lawful Gambling Premise License and Resolution for Lady Slipper Chapter ABWA to Operate at Dean's Tavern. RESOLUTION 09 -06 -202 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. Packet Page Number 15 of 219 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. Seconded by Councilmember Nephew. Ayes - All The motion passed. Seconded by Councilmember Nephew. Ayes - All The motion passed. K. UNFINISHED BUSINESS (HEARD OUT OF ORDER) 8. Consider Denial of Application of Lot Split For Richie Place (South of Labore Road and East of Arcade Street) a. Community Development and Parks Director, DuWayne Konewko gave the report. the council decisions and the findings of fact that suDoort that decision This lot split denial a. Preliminary plat approved 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. Seconded by Councilmember Hjelle. Ayes — All The motion to deny passed. Councilmember Nephew made a friendly amendment that the city will provide Mr. Soby with a letter of the council decisions and the findings of fact that support that decision. 5. Gladstone — Phase I — City Project 04 -21 — Consider Resolution Receiving Preliminary Report On Improvement Options and Calling Public Hearing for July 13, 2009 a. Resolution Accepting Preliminary Report, Calling Public Hearing, and Authorizing Preparation of Plans and Specifications i. Assistant City Manager, Public Works Director, Chuck Ahl gave the report. ii. Finance Director, Bob Mittet answered questions of the council. Packet Page Number 16 of 219 Councilmember Hjelle moved to approve the resolutions accepting the report, calling for a public hearing for 7:30 p.m. Monday, July 13, 2009, rather than 7:00 p.m. and authorizing preparation of plans and specifications for the Gladstone Area Improvement — Phase I Project. RESOLUTION 09 -06 -209 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: 2 3 M 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. 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. 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. A public hearing shall 2009 in the council ct mailed and published Seconded by Councilme , n such proposed improvement on the 13 day of July, if Maplewood City Hall at 7:30 p.m., and the clerk shall give such hearing and improvement as required by law. Ayes — Mayor Longrie, Councilmembers Hjelle, Juenemann & Nephew Nay — Councilmember Rossbach The motion passed. 6. County Road D Street Improvements (McKnight to Lydia), Project 08 -20, Resolution Adopting Revised Assessment Roll a. City Engineer, Deputy Public Works Director, Michael Thompson gave the report. Councilmember Nephew moved to approve the resolution for adopting revised assessment roll for the County Road D Street Improvements, Project 08 -20. Packet Page Number 17 of 219 RESOLUTION 09 -06 -210 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: 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. Rumba 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; 23 It is currently proposed that the property be Seidel is requesting a senior citizen deferm( ty Road D East d for 1 unit (street and storm sewer). Mr. 5. Parcel 01.29.22.21.0079 — Donna Mc It is currently proposed that the prope McCormack is requesting a senior citi 384 County Road D East >sed for 1 unit (street and storm sewer). Ms. ent. 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: 1. 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: 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. Packet Page Number 18 of 219 2. Parcel 01.29.22.22.0097 — Marcelina Rumba; 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. 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. 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 It is currently proposed that the p Cook is requesting a deferment c financial hardship deferral (15 ye deferral time period the assessrr 7. Parcel 01.29.22.21.01 F_'VM W )e assessed for 1 unit (street and storm sewer). Mr. encial hardship. Staff recommendation is to grant a approval of necessary paperwork. After the 15 year d become due in total with interest. 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 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. 2. 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. Packet Page Number 19 of 219 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 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. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 7. Holloway Ave and Stanich Resolution Accepting Fea. a. City Engineer, Deputy Pt answered questions of tt Councilmember Ne July 13, 2009. Inds Area Street Improvements, Project 09 -13, Study and Calling Public Hearing irks Director, Michael Thompson gave the report and cil. rove the resolution acceotina the reoort. authorizina the RESOLUTION 09 -06 -211 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. Packet Page Number 20 of 219 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. Seconded by Councilmember Juenemann. Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay — Mayor Longrie The motion passed. L. NEW BUSINESS On -Sale Intoxicating Liquor License — Approve TGI Friday's New Manager, John Mark Dorow (moved and heard out of order) 2. On -Sale Intoxicating Liquor License — Approve Champps New Manager, Richard Milton Authier (moved and heard out of order) 3. Consider Authorization To Enter Into An Agreement With The Minnesota DNR For The Installation Of A Fishing Pier On Wakefield Lake a. Community Development and Parks Director, DuWayne Konewko gave the presentation and answered questions of the council. b. Assistant City Manager, Public Works Director, answered questions of the council. Mayor Longrie asked if anyone wanted to address the council regarding this item. Councilmember Nephew moved to approve entering into the agreement with the DNR for the installation of a fishing pier on Wakefield Lake. Packet Page Number 21 of 219 RESOLUTION 09 -06 -212 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 22nd day of June, 2009 Mayor City Clerk Seconded by Councilmember Juenemann. Ayes —Mayor Longrie, Councilmembers Juenemann & Nephew Nays — Councilmembers Hjelle & Rossbach The motion passed. 4. Adopt a Resolution Authorizing Submission Of A Request For State Bonding Funds For the Design And Construction Of A Regional Fire Training Facility a. Maplewood Fire Chief, Steve Lukin gave the presentation and answered questions of the council. Councilmember Hjelle moved to approve resolution #1 Authorizing Submission of Request for State Bonding Funds for the Design and Construction of a Regional Fire Training Facility. Mayor Longrie asked if anyone wanted to speak to come forward. Ron Cockriel, 943 Century Avenue, Maplewood addressed the council. RESOLUTION 09 -06 -213 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 Packet Page Number 22 of 219 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: ATTEST: June 22, 2009 Karen Guilfoile, City Clerk Seconded by Councilmember Nephew The motion passed 5. Reduction of Council Hjelle. Councilmember Hjelle Cost of Livino Increase The motion failed for lack Maplewood City Council Diana Longrie, Mayor Ayes — All d Rollback of 2008 COLA Increase — Councilmember 6. Repeal of Maplewood City Ordinance Section 2 -38 — Councilmember Hjelle Councilmember Rossbach moved to not take the COLA increase until 2010. Seconded by Councilmember Nephew. Ayes — All The motion passed. 7. Reduction of 2009 city Budget To Reflect Loss of Revenue — Councilmember Hjelle (REMOVED BY COUNCILMEMBER HJELLE) Packet Page Number 23 of 219 Councilmember Hjelle moved to extend the curfew to complete the agenda. Seconded by Councilmember Nephew. Ayes — Councilmember Hjelle, Nephew & Rossbach Nays — Mayor Longrie Councilmember Juenemann The motion passed. 8. City Manager Performance Review — Councilmember Hjelle Councilmember Hjelle moved to approve the city council will conduct a performance review of the City Manager on September 17, 2009, at 5:30 p.m. Seconded by Councilmember Rossbach. Ayes —All The motion passed. M. CONSENT AGENDA 1. Councilmember Hjelle moved to approve item 3. Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Councilmembe Seconded by Councilr The motion passed. 3. Mayor Longrie Seconded by Councilmember Juenemann. The motion passed. 1. Approval of Claims Ayes — All Ayes — All Councilmember Nephew moved Approval of Claims. ACCOUNTS PAYABLE: $ 122,597.81 Checks # 78556 thru # 78629 $ 354,550.84 Disbursements via debits to checking account Dated 06/01/09 thru 06/05/09 $ 411,211.73 Checks # 78630 thru # 78681 Dated 06/16/09 Packet Page Number 24 of 219 PAYROLL 152,784.55 Disbursements via debits to checking account dated 06/05/09 thru 06/12/09 1,041,144.93 Total Accounts Payable $ 499,038.09 Payroll Checks and Direct Deposits dated 06/12/09 $ 2,385.25 Payroll Deduction check #1007296 thru #1007297 dated 06/12/09 $ 501,423.34 Total Payroll $ 1,542 568.27 GRAND TOTAL Seconded by Councilmember Juenemann. Ayes — All The motion passed. 2. Approval of 2009 Justice Assistance Grant (JAG) Mayor Longrie moved to approve the Police Department enter into this Interlocal Agreement and &An nnn .._J _.. 11__ / ^^^ 1 .__ - 1.._L:__ A Seconded by Councilmember Juen The motion passed. 3. Approve Contract — Event Councilmember Hjelle moved to;ap Seconded by Councilmember Nept The motion passed. N. AWARD OF BIDS Ayes — All r The Cure — Use of Harvest Park Ayes — All None. O. VISITOR PRESENTATIONS — PART 11 None. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:52 p.m. Packet Page Number 25 of 219 Agenda Item 11 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Resolution of Appreciation for Rita Andreoli DATE: July 6, 2009 INTRODUCTION Rita Andreoli, of the HRA, has submitted her resignation. Please refer to her attached letter. On June 10, 2009, the members of the HRA recommended approval of the attached resolution of appreciation for Rita's two years of service to the city. Rita has served on the HRA since August 8, 2007. RECOMMENDATION Approve the attached resolution of appreciation for Rita Andreoli. p:HRA \Resolution of Appreciation for Rita Andreoli 7 09 Attachment: 1. Letter of Resignation from Rita Andreoli dated May 18, 2009 2. Resolution of Appreciation Packet Page Number 26 of 219 LVAEM :1riIlu" Sarah Burlingame, Senior Administrative Assistant City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Ms. Sarah Burlingame: In regards to your submitted release consent form of my personal contact information for use by the general public, i.e., my personal address along with my phone number and/or email address, I request my personal information to remain well guarded and unpublished for general use. I am single and live alone with no surrounding family. I consider myself a volunteer with civic mindedness for the HRA City of Maplewood rather than an appointment. After receiving the information about the stature you provided, the question I have would be about my efforts for the HRA appear to me now to be better defined as an unpaid employee who is required by state stature to relinquish my personal contact information to the general public for their discretionary use in addition to being addressed and /or contacted at the HRA open public forums? If my interpretation is correct, then I am in strong belief the required additional public contact information for me should not be through my personal address information, but rather achieved only through City assigned avenues, such as a free email address or a snail mail in box at City Hall or via through real -time webcam. These simple alternate suggestions would be the equivalent to any given employer who'd provide the very basic needs to their employees for customer contact information. To drive this point further, I reference the example of vandalism that occurred to Senator Ron Coleman's home during his campaign last year .... with the exception his position was as a MN state paid elected official who has the additional benefit of surrounding family within his home as well as the means for added security! However, means should not be the issue, but the right to privacy and safety while serving as a volunteer situation should be the issue. It is a strange world we now live in and all avenues of personal information should be restricted with obvious common sense and requiring MY personal information for use by the general public with unbridle restrictions while I serve as a volunteer does not give me a sense of comfort. While in assistance with the HRA, it would appear my desires for my rights to privacy and protection are in opposition to the MN State Stature 13.601 that appears to indicate for my volunteer efforts my personal address AND my personal telephone and /or email address are required for public use. Since my intention is and has been strictly as a Packet Page Number 27 of 219 volunteer effort with civic mindedness for the HRA in the City of Maplewood while this volunteer position appears to come without offering me the basic rights for my personal protection relating to my civic duties as appears according to the MN State Stature 13.601, and providing my assessments of this stature discord are correct, I am, therefore, respectfully requesting to relinquish my volunteer assistance I provide for the HRA in the City of Maplewood. To state my intent as defined within the stature; I resign my "appointment" to the HRA board of the City of Maplewood, MN. Thank you. Sincerely, Rita J. Andreoli cc. HRA board of the City of Maplewood Packet Page Number 28 of 219 Attachment 2 RESOLUTION OF APPRECIATION WHEREAS, Rita Andreoli has been a member of the Maplewood Housing and Redevelopment Authority for nearly two years, since her appointment to the HRA by the city council on August 8, 2007 until May 18, 2009, and has served faithfully in that capacity; and WHEREAS, the Housing and Redevelopment Authority has appreciated her experience, insights and good judgment; and WHEREAS, Ms. Andreoli has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Andreoli has shown dedication to her duties and has consistently contributed her leadership and effort for the benefit of the City. NOW, THEREFORE, LT IS HEREBYRESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Rita Andreoli is hereby extended our gratitude and appreciation for her dedicated service. Passed by the Maplewood City Council on , 2009 Diana Longrie, Mayor Passed by the Maplewood Housing and Redevelopment Authority On June 10, 2009 Gary Pearson, Chairperson Attest: Karen Guilfoile, City Clerk Packet Page Number 29 of 219 DRAFT MINUTES OF THE MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA WEDNESDAY, JUNE 10, 2009 CITY COUNCIL CHAMBERS Resolution of Appreciation for Rita Andreoli Commissioner Pearson thanked Rita Andreoli for her service on the commission. Commissioner Pearson moved approval of the Resolution of Appreciation for Rita Andreoli. Commissioner Ulrich seconded Ayes — all The motion passed Packet Page Number 30 of 219 Agenda Item J1 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director SUBJECT: Holloway Avenue and Stanich Highlands Area Improvements, Project 09 -13 a. Public Hearing 7:00 pm b. Resolution Ordering Improvement after Public Hearing (4 votes) DATE: July 2, 2009 INTRODUCTION The public hearing for this project has been scheduled for 7:00 p.m., Monday, July 13, 2009. Notices of the public hearing have been mailed and published in accordance with state statute. The city council should hold the public hearing and consider ordering the improvement following the hearing. Background The council authorized the acceleration of this project to 2009 from 2010 due to competitive construction pricing and low interest rates. On June 22, 2009, the city council accepted the feasibility report and ordered the public hearing. Holloway Avenue is a border street with North Saint Paul, while the Stanich Highlands Area is fully within Maplewood. The residents in the Stanich Highlands and Holloway Avenue neighborhoods were contacted via mailings and have been informed about the City's proposed street reconstruction. As part of the process, staff mails out questionnaires to residents regarding issues such as sanitary sewer service problems and drainage issues. This information will help successfully design and build the project upon moving into the next phase of the project. Staff acts as a facilitator for capital improvement projects and the merits of this project should be discussed at the public hearing. Residents with questions regarding the mailing were encouraged to call the Public Works Department. A neighborhood meeting was held on the evening of June 16, 2009 at the Maplewood Community Center. The meeting was well attended by both Maplewood and North Saint Paul residents. A presentation was made about the public improvement process and the proposed improvements. At the end of the presentation, the staff answered questions. Most residents agreed that improvements were needed on these badly deteriorated streets, but a major concern raised was the special assessments, considering the current economic conditions. A letter was mailed out after the neighborhood meeting to residents expressing the stance that staff would be recommending a 2 year interest free deferral period for the special assessments. This technique was used on the recently adopted County Road D (McKnight to Lydia) project and allowed the residents to receive the benefit of the improvement now while paying later with the idea that the economic conditions could be better in a couple years. This option has been well received and feedback through e -mail correspondence to the council and staff is attached. Staff has been coordinating with North Saint Paul staff since Holloway Avenue is a border street. North Saint Paul is planning on accepting the feasibility report and holding a Public Hearing in July. Close coordination continues between the two cities on delivering the improvements on Holloway Ave. 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. Packet Page Number 31 of 219 Agenda Item J1 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 minimal 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 water main is required to be replaced beneath Ripley Avenue also, which currently has concrete curb and gutter and the street is in a more stable condition than the southern streets. Due to this, it may be proposed to reduce the assessment amounts to those residents abutting the Ripley Street area with concrete curb and gutter down to a mill and overlay assessment rate. This will be explored further. BUDGET The council has already authorized the plans and specifications to proceed. The following is a summary of the financing plan for the project. Financinq 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 ordering the Holloway Avenue and Stanich Highlands Area Improvements, City Project 09 -13 (Four affirmative votes are required to approve this resolution). Attachments: 1. Resolution 2. Executive Summary 3. E -mail Comments from Residents 4. Location Map Packet Page Number 32 of 219 Agenda Item J1 Attachment 1 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 22n day of June, 2009, fixed a date for a council hearing on the proposed street and utility improvements for the Holloway Avenue and Stanich Highlands Area Improvements, City Project 09 -13, AND WHEREAS, ten days mailed notice and published notice of the hearing was given as stipulated in state statute, and the hearing was duly held on July 13 2009, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; AND WHEREAS, the city engineer or designated representative had been duly directed on June 22n 2009 to prepare final plans and specifications for the making of said improvement; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. 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 $3,870,000. 2. That it is necessary, cost - effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Holloway Avenue and Stanich Highlands Area, Project 09 -13. 3. Such improvement is hereby ordered as proposed in the council resolution adopted this 13 day of July 2009. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $3,870,000 shall be established as previously approved on June 22n 2009. The proposed financing plan is as follows: Financinq 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 Packet Page Number 33 of 219 Agenda Item J1 Attachment 2 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 sub -grade correction as necessary. • Price Avenue • Kingston Avenue • Stanich Place • Hazel Street from Price Avenue to Kingston Avenue • Ruth Street from Larpenteur Avenue to Kingston Avenue • Holloway Avenue from Furness Street to McKnight Road • Partial reconstruction of the following streets to include removal and replacement of bituminous pavement, and sub -grade correction as necessary. Existing concrete curb and gutter is generally proposed to remain in place except for areas requiring spot repair. • Ripley Avenue • Hazel Street from Kingston Avenue to Ripley Avenue • Ruth Street from Kingston Avenue to Ripley Avenue • 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 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. Packet Page Number 34 of 219 Agenda Item J1 Attachment 2 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 Stanich 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: Financinq 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 of Plans and Specifications Maplewood Public Hearing July 13, 2009 North St. Paul Public Hearing, City Council Approves PlansJuly 21, 2009 and Specifications, and Authorizes Ad for Bid Packet Page Number 35 of 219 Agenda Item J1 Attachment 2 Maplewood City Council Approves Plans and July 27, 2009 Specifications, and Authorizes Ad for Bids Bid Opening August 19, 2009 Maplewood Assessment Hearing and City Council August 24, 2009 Awards Contract North St. Paul City Council Concurs with Contract Award September 1, 2009 Start Construction September 8, 2009 Construction Complete July 2010 North St. Paul Assessment Hearing Summer 2010 Based upon the analysis completed as a part of this report, the proposed Stanich 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. Packet Page Number 36 of 219 Agenda Item J1 Attachment 3 Holloway - Stanich Area Improvements, Project 09 -13 E -mail Comments from Residents Greetings: I want to go on record as being in favor of the above project and encourage all of you to vote in favor of same. One of the city people involved in this project stated that in all of the City of Maplewood, Stanich Highlands has by far the worst streets. The positives far out -weigh the negatives and I hope you all will therefore vote to accept, and proceed yet this year. Thank you in advance for your favorable vote! ►HIV First of all thank you for your timely response. Pat and I both feel that the idea of a two year moratorium on the payment may very well be something that could ease many of the strong feelings against this project. Many families are strapped with the burden of unemployment and just plain financial hardships due to the downturn in the economy. None of us can predict what two years or even next week may bring but that time would allow the residents to plan some type of strategy for payment. I do wish that someone more involved with the City's well being rather then just the explanation of the plan could have been in attendance last night. It may have gone a long way in tempering the feelings of just being hung out to dry without any possibility of recourse. So in closing thank you for your response and the hope that someone has thought this program through. Dear Sir: I want to go on record as being in favor of the above project. As to design, I like the standard curb and gutter profile (the same as Ripley ), no bump -outs, and no sidewalks. I would also request that this message be included in the packet for the project's public hearing, so it is on the formal record. Thank you in advance for your support of this project. Packet Page Number 37 of 219 Agenda item ii aC me me - - - - - ------- AVE Kn I e Head AVE. �i" 0 R 4 h G AVE � Az " C PE AVE. A t < 3rd P LARK AVE. L'i > S ■ PA L _j PL. W < < LAURIE End L A UR IE 1 Q R < CY 9 Po A� E_ RST A V E . < < J 1�,37C� SANDHU� RE T V 02� SOUTH AVE. Y Jam` ------------ '0 < RD. M B ....... BURKE .... BURKE AVE. BURKE T_ AVE. (f) I 'r) (/-) ELDR — , - - 1 0 Ei ELD RIDGE E. Li 605 ' 9!�� 64 AVE. 6 BEI LM PNT�,' , I- 5�- CENTER j LA. MONT AV CD < VAN A > SK I ILLM AN AV,- H AR R: S A E� PROJECT SKILL HRYER AVE. ROSEWOOD N 9 AVE, AiooD < A VE. I I SHRYER - SL LOCATION �TAI A R S E W 0 0 D RYAN - AV E_ VE 0 4 z: A 0 COWER PL, W HOLLJOW AVE. IAVE. I TIER 'ER NEY F-� I_��, U�su Im V��! AVE, 0 , SEA DOW KNOL < AVE. R1 z > I Ey \ 1O RIPLEY AVE. 7 f KINGS T ON < C k KINGSTON AVE. qi A VE. z C PRICE lu AVE Li 29 0 4�_ 30 LARPENTIEUR U) __T AV 0 CA LIF ORNII IA U) DAH V) 0 E. P IDAHO w va < AVE CD D < W t t E. IOWA ­ A VE . z < > - ----- HOY /AVE �� :5 LLI FI J L) E. HOYT o. NITANA AVE. N PNA MON E. MONTANA < AVE 1, E E AVE, . NEBRASKA NFDRAS'K - ---------------- LLJ E NEVADA A VE. OA E ARLINGTON AVE. A ERWOOD AVF. ARLINGTON SH E. COTTAGE 1 AVE. Cn T " E. CLEAR A VE. z Trader Court E. IVY AVE - -� d. HY ILSEN :> A� CINT < CD AVE: OR ANGE I In I I < 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 38 © g HIBIT 1 AGENDA REPORT Agenda Item J -2 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. Public Hearing — 7:30 pm b. Resolution Ordering Improvement to Construction (4 votes) DATE: July 7, 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 has called a public hearing to consider the improvements as detailed below. 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. A representative from the proposed developer has indicated that they intend to attend the Public Hearing and will answer questions about their project as appropriate. The Feasibility report 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). [A Met Council representative has indicated that if the City improvements and the proposed development are "significantly underway in 2009, the Council will consider extending grant completion into 2010] An assessment is proposed to the Tourist Cabin's property in the amount of $1,000,000. They are the only property to be assessed and the only property to receive a direct notice of this hearing. 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 39 of 219 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 the City /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 40 of 219 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 a signed agreement with the property owner or developer; however, indications are that the developer is prepared to proceed with a project in 2009. 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 / 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' or other forms of 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. It is recommended that the City Council consider proceeding with Option #1, and wait to see if a developer is available by the time the project is ready for bids in late August. If there is a developer, Option #1 can proceed and the Council can decide if they wish to expand it to Option #3 after the developer makes application. If there is not a developer, the Council can continue with Option #1, or 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. At this time, it is recommended that the Council select Option #1. We believe that a development proposal is eminent within the next 3 -4 weeks, well before the time need to prepare project plans and receive bids from contractors. This option should maintain an option for the developer to finalize a purchase and also allows the City to meet a majority of the grant requirements and apply for an extension with the Met Council. Packet Page Number 41 of 219 GLADSTONE PHASE 1 IMPROVEMENTS PAGE FOUR Mayor Longrie has submitted questions on the overall proposal as follows [staff responses are included after each question: 1. Have you reviewed the adopted Gladstone Redevelopment Plan in detail? We are attempting to implement the intent and findings within the Redevelopment Plan. 2. Are the streetscape financials based on the adopted plan or based upon the "top -end" streetscape plan that was rejected by the council? The streetscape financial estimates are based upon the adopted plan and adjusted to meet the available funding from the Metropolitan Council. A final review of the design details will occur over the next 3 -4 weeks, if the Council approves the project. 3. TIF does not assist the developer in their equity ratios for financing, correct? An answer to TIF is difficult until an application is received. Inmost cases, a pay -as- you -go TIF does not provide equity, although dependent upon the formulation of a TIF plan, the levy of assessments and funds that can be applied to the project equity, instead of upfront costs, can be applied to an equity statement. 4. Can we have the pages from the adopted Gladstone redevelopment master plan at the council meeting so we can review the same against the proposal. Also, the pages that reference TIF. A copy of the Gladstone Master Plan is posted on the Maplewood webpage. As noted, the proposed hearing is to consider whether to proceed with a project. Design details are to occur over the next 3 -4 weeks should the Council approve proceeding with the project. 5. Where is the lawsuit at? Is it settled? Has the property owner paid his property taxes? Show us a letter of intent or a purchase agreement. The City Attorney has advised that this is not a condition of receiving a development proposal. The proposed developer will be present at the hearing and maybe be willing to address current discussion on a possible purchase agreement. As noted, the city has not received a development proposal, nor have we viewed a purchase agreement, and we have not researched the status of the property. 6. How much did the round -a -bout at Frost and English cost to build, when was it built, what would it cost today if we adjusted for time; cost of living; market forces? The cost of the English — Frost roundabout was estimated at $225,000 when it was built in 2002, although there are other costs for approaches and landscaping that are not included in that cost. If those costs are added, the final cost would be $430,000. Construction costs have fluctuated dramatically since 2002. We would estimate that a similar roundabout would cost between $375,000 and $500,000 in construction costs today depending on design details. RECOMMENDATION It is recommended that the City Council approve the attached resolution ordering the improvement project [Option #1] to construction. (4 affirmative votes are required to adopt this resolution). Attachments: 1. Resolution 2. Executive Report 3. Site Map 4. Feasibility Study [provided to City Council; available on City's webpage] Packet Page Number 42 of 219 • • WHEREAS, a resolution of the city council adopted the 22n day of June, 2009, fixed a date for a council hearing on the proposed street and utility improvements for the Gladstone Area Improvements – Phase 1, City Project 04 -21, AND WHEREAS, ten days mailed notice and published notice of the hearing was given as stipulated in state statute, and the hearing was duly held on July 13 2009, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; AND WHEREAS, the city engineer or designated representative had been duly directed on June 22 2009 to prepare final plans and specifications for the making of said improvement; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The council will consider the improvement of such streets, utilities and drainage improvements 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. That it is necessary, cost- effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Gladstone Area Improvements —Phase 1, Project 04 -21. 3. Such improvement is hereby ordered as proposed in the council resolution adopted this 13 day of July 2009. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $3,000,000 is approved as detailed in the Feasibility Report. Packet Page Number 43 of 219 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 44 of 219 (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 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 45 of 219 m f ! CT � i Q, r ` � � f< jEL� mtkSFt. PD. 1 J� ? _4 CNtiCJR IGD'' -,C ..� >>�1tJ N!3H rs �„F� � � DEMON T "_ AVE GEN`?N AVE. 1 J u EREOI:S AV KS ; Lj 1 t t3 in AVC. 4 f BKJU W t o a c 1 t ! F A ' 1: h ::.",uT ,v'JF f iP�,k Cx'HPIT ' 't 1 ..-Er t T .`a G i f .?`.` C',.R V`t;IS AVE, i ........... --k J7S l t l t t It t l� . 7 GERu 'S A`dE. v - ----------------------- PAND JE:' E...,. } w 4 cr i v I V IKING E.G. RL - SH RR €hi AVF_: f"1K n u c�-.c� bFa d LARK AV �-, e ( ; �w VI # ING n . f i zs t.A'JRIE RD , tt > r •.� k t NI t ..._ ° i__. - ! } w �" ca .\ / f 1 t . L:,N'7 E RD, r ' `: a SAND HURST AVE. iS '° LAU r ,..T. \ ! Ir/ s ,r ax St34Y,�,NU C /' Jlrf c'm E AVE. <m a ,c CI3 ?p. B > c 1 f 1 / l f f f s c 4 RK AVE tl i J jl HURiiE A:V €. � f3Ut�'ICE f AVE r. � AyE E�DRIDLE: AVE. r ` 7�E; E DR rDa L t64 t E CC _. ` E , TM1H 1�.? E SKtI..,.h'+;4 r%; >iE. HARRIS F. ,ROSEWUGD AV' I - --�•,� h_NW GOD f ,J L?. Lb W tT a A1' E. t/ V' t r GA, t 199CJ PAP. t],94 A R+ aN A q 5p � > t r V l , ­ fY v; I S. 4,. AVE. � Q, F R dC' N / AV. w `� -S �^J _..._ w ti �� C a 61n � v Fa4 FROST yr � u A VC rr 1d E E TGh AVE �,. �*.` A P -y AV E > d G1,R DIi ERa IE AVE a J -� -�� y ' �"' RIP LEY AVE I ' \ ! ! > ,SPL EY AVE. ..: r 1 ....._ 4 ___.}.�"° - -�-... . -X�` 1 SJ PHI 'A S❑ PS- [ JA eI, KICJGS r' AVE. l _�`'� y) I ~, `� \' PRiCc°. A mCl rr.o� ' o cI` T;1 `.! CA'I.Ii DRNIA CA�: FLSRNIA AV €. 5, \..�..�..,,` i 1 t w z ,.' }" CV .n :CAHD tDA GO C AVE. f',NL �,..,. I t i ftt1 > s- f P! G _ i _ E" IC'W'A ( ,T AV E WA AV M 'Y E. l T e AVE, E. MQNTAivA l?�' MEFIT -NA r�i A'A rt t 7 1 { c'" I cx t w, ' NE3R SStA Sk„SKA AVE j c. . ._.. F. ..._ AVE E dH €ELUCK � `*. A\ \ ` \. � � � � c ARUr4ETON AVE.. xi 1 l'.' '__._._..... �" _ .. H ac AVE SHF LfFTDD!< AVE. € 4x t,. E SH R ..... _ -r €. coT -AGr AVE 1 t,r . -..__ j 4 1 E. CLEAN :CLEAR -YA CNITH u T AVl. "� ( !Y 4 E I aC ',NTH - J w z ANNE E. _ T r- AVs ,HIi � c., HAW ORNE s E. HAWT'r A' 1 E. s UARYI -AND - 1A '� /E �a', i R!J',E 4, E, in sup"", ROSE AVE. C. RME f,VF M C PFNIL�M £ GERaM M X1 AwC. E -- J- "SSA'}thr_ a'', AVE t J R - CEERP 9: JEaSAMi(v€ r °-- -- J R At9 JE Sa PM INF AVE EI . MAG`d0 GNCLIA AV£ LA 1 E. MA5 03 L:A AVE. DATE: July 10, 2009 TO: City Council FROM: H. Alan Kantrud, City Attorney SUBJECT: Maplewood EDA Ordinance Public Hearing and First Reading INTRODUCTION On June 22 a resolution was passed authorizing a public hearing regarding the Maplewood Economic Development Authority creation, and approving the basic language of the Ordinance. This matter is now before Council for that public hearing and for consideration of the Ordinance, in final form, for first reading. DISCUSSION Attached is the final draft of the Ordinance for the proposed Economic Development Authority for the City. The proposed EDA would have Council acting as the Commissioners with City Manager Antonen acting as the Director. State law requires that a public hearing be held regarding the creation of such an authority since it is empowered to hold and spend public monies as part of its statutory authority. The proposed language has been modified only slightly pursuant to direction from Council at the last, June 22, 2009, meeting. Additional language has also been added that limits the powers of the EDA to those actions that are not in conflict with the City's Comprehensive Plan, any initiatives pursuant to it, or to actions previously taken by Council. Staff looked into the suggestion that the current HRA be disbanded or subsumed into the EDA but thought it appropriate to bring that concept to the HRA for consideration for any recommendation that they may have regarding their own future. While the existing HRA was formed in 1975 by the City pursuant to the Housing and Redevelopment Authority Act, it appears that the body has not been exercising the powers fully granted. Staff recommends that the newly- formed EDA consider the future of Maplewood's existing HRA at its convenience and recommend action to be taken at a future date. Once formed, the EDA should then modify the bylaws previously approved to comport to the specifics of the EDA as finally approved, e.g., eliminate officers, &ct. RECOMMENDATION Staff is recommending that the Council approve first reading of the Ordinance forming the Maplewood EDA and direct staff to bring the matter back for second reading at the next meeting of Council, or waive second reading and adopt the Ordinance this evening. Upon approval, notice of the new entity shall be published as required and the EDA will be active upon said publication. Packet Page Number 47 of 219 ORDINANCE NO: AN ORDINANCE ESTABLISHING THE MAPLEWOOD AREA ECONOMIC DEVELOPMENT AUTHORITY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS: SECTION 1. 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 469.1081. 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 469.1081. Subd. 6. "Enabling Resolution" - this Ordinance. SECTION 2. 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 469.1081. 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. Name The Economic Development Authority created by the Enabling Resolution shall be known as the Maplewood Area Economic Development Authority. SECTION 4. Members The Authority shall consist of the Mayor and members of the City Council. The City Manager shall act as Director and ex officio member. Members may be reimbursed for expenses pursuant to City reimbursement policies. SECTION 5. 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 chair and a vice -chair on an annual basis. The City Manager or designee shall serve as the Treasurer. Subd. 3. Professional service contracts The Authority may employ technical experts and Packet Page Number 48 of 219 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. No Act of the Authority may be in conflict with the City's current Comprehensive Plan or controls instituted to effectuate the Plan. No action of the Authority is authorized that is in conflict with any official action previously taken by the City Council Subd. 5. Meetings The Authority shall meet quarterly and at such other times as necessary. SECTION 6. 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. 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. Director The City's Manager or designee 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. 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 10. Bum Subdivision 1. Fiscal budget The Authority shall prepare and submit to the Council a detailed budget. A special fund 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 Manager to prepare and deliver payment. All expenditures shall be consistent with the operation of the Authority pursuant to this Ordinance and Minnesota Statutes. Subd. 2. Audit All financial records of the Authority shall be prepared, audited, and filed with the City, said records being coordinated by the City Finance Department at the direction of the City Manager. SECTION 11. 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 469101, Subd. 2 of Minnesota Statutes is for public governmental and municipal purposes and is exempt from taxation by the state or its political subdivisions. The Packet Page Number 49 of 219 exemption from property taxes only applies while the Authority holds the property for its own purposes). 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. Subd. 9. Other Mowers The Authority shall have such other powers as authorized as described in the Act. SECTION 12. 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 Maplewood City Council this Packet Page Number 50 of 219 DATE: July 10, 2009 TO: City Council FROM: H. Alan Kantrud, City Attorney SUBJECT: Maplewood BEDC formation discussion INTRODUCTION On June 22, staff was asked to prepare formative language creating a "business and economic development commission" or "BEDC" for the City. The BEDC is intended to be a companion entity to the City's Economic Development Authority, also under consideration this evening. DISCUSSION The BEDC was a concept initiated by City Manager Antonen based on his successful use of similar bodies in other communities. The entity being created gives flexibility to Council in terms of appointments, and initially loads the Commission with a longer -term initial membership (three members are appointed for long -term seats). This may be an ad -hoc commission or more formally constituted, but will hopefully 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. The qualification criteria have been left open for that reason. The Commission shall answer to you, or the City Manager, and shall be given direction initially by the EDA. Staff will be asking that you begin to consider candidates for the initial membership of the Commission and pass on those recommendations to the City Manager for further action. RECOMMENDATION Please review the attached resolution and consider approval of the formation of a BEDC for the City. Packet Page Number 51 of 219 ORDINANCE NO. AN ORDINANCE ESTABLISHING THE MAPLEWOOD BUSINESS AND ECONOMIC DEVELOPMENT COMMISSION (BEDC) THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS: SECTION 1. Definitions Subdivision 1. Common terms As used in this Ordinance, the terms defined have the meanings given them. Subd. 2. "Commission" - a Business and Economic Development Commission, or "BEDC" Subd. 3. "City' - the City of Maplewood, Minnesota. Subd. 4. "City Council" - the duly elected governing body of the City of Maplewood, Minnesota. Subd. 5. `Enabling Resolution" - this Ordinance. SECTION 2. Establishment A Business and Economic Development Commission is established which shall have all of the powers, duties and responsibilities of a commission pursuant to Minnesota Statues § 13.01, subd. 1(c)(5) and formed pursuant to Minnesota Statute § 41221, subd. 1. SECTION 3. Purpose. It shall be the role and responsibility of the Commission to discuss and make recommendations to the Maplewood Economic Development Authority regarding economic and industrial development and redevelopment within the City of Maplewood pursuant to Bylaws as may be adopted by the Commission. It shall confer with other City departments, the Maplewood Economic Development Authority, the local Chamber of Commerce, the Maplewood Parks Commission, 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 Maplewood Economic Development Authority, the Maplewood City Council, or both as directed. SECTION 4. Name The Entity created by the Enabling Resolution shall be known as the Maplewood Business and Economic Development Commission, or BEDC. SECTION 5. Members The Commission shall initially consist of seven (7) members. The Members shall be appointed by the Mayor and City Council, upon approval by majority vote of the same. Those initially appointed shall be appointed for staggered terms consisting of two members appointed to one (1) year terms; two members appointed to two (2) year terms; and three members appointed to three (3) year terms, respectively. Thereafter, Members are appointed to three (3) -year terms. The Members shall be paid compensation as established by the Council. Members may be reimbursed for expenses pursuant to City reimbursement policies. SECTION b. Administration Subdivision 1. Bylaws The Commission shall adopt Bylaws and rules of procedure for administration of its affairs. Subd. 2. Chair The Commission shall elect a Chair, and a Vice Chair on an annual Subd. 3. Meetings The Commission shall meet quarterly and at such other times as necessary. Packet Page Number 52 of 219 Subd. 4. Rules. The Commission shall adopt such rules and guidelines and they deem appropriate, but shall operate in accordance with Maplewood's Commission handbook as adopted and amended from time to time. No rules shall be adopted by the Commission that are in conflict with the City's Official Commission Handbook and in the event of any conflict or question, the Handbook shall prevail. SECTION 7. Modification All modifications to the Enabling Resolution must be by Ordinance and must be adopted by the City Council by majority vote. SECTION 8. Report to Council The Commission shall submit a written report of its activities and/or recommendations for modification of the Enabling Resolution to the Council at least annually. SECTION 9. Director The City's Manager, of designee, shall attend all meetings of the Commission, shall serve as a consultant and advisor to the Commission and shall make quarterly reports to the Council. SECTION 10. Conflicts of Interest Except as authorized by Minnesota Statute 471.88, a Member of the Commission may not have a substantial conflict of interest in projects undertaken by the Commission. SECTION 11. Intent to Comply. Except as otherwise authorized by Minnesota Statute, it is the intent of the City Council of Maplewood to create the Business and Economic Development Commission as a "standing" body of the City that shall be subject to the rules, regulations, restrictions and requirements as defined in both the Open Meeting Law, § 13D. 01 et sect. and the Minnesota Government Data Practices Act, § 13, et seq. SECTION 12. This Ordinance shall take effect and be in force upon passage and publication. Adopted by the City Council this 13th day of July, 2009. Diana Longrie - MAYOR CITY OF Maplewood ATTEST: James Antonen CITY MANAGER An Official Title & Summary of Ordinance published in the Lilly News on the 26th day of July, 2009. Packet Page Number 53 of 219 THIS PAGE IS INTENTIONALLY LEFT BLAND Packet Page Number 54 of 219 Agenda Item K1 AGENDA REPORT TO: City Manager, Jim Antonen FROM: H. Alan Kantrud, City Attorney SUBJECT: Consider Resolution For Extension of Option to Purchase Open Space within Carver Crossing (tabled from June 22) DATE: July 10, 2009 INTRODUCTION The City Council tabled the matter of considering a resolution authorizing the Extension of the Option Agreement in order for the City Attorney and staff to confer with the successor in interest of the land, Lakeland Financial. While those conversations have been positive, more time is needed to identify the parties and their obligations to one another with respect to the Development Agreement prior to any extension being considered, much less approved. RECOMMENDATION Please table this item indefinitely, to be brought back at such time as a full recommendation for action can be made. Packet Page Number 55 of 219 AGENDA REPORT Agenda Item K -2 TO: City Manager, Jim Antonen FROM: Charles Ahl, Assistant City Manager /Public Works Director SUBJECT: Consider Resolution to Revise 2009 Budget a) Reduce 2009 Revenue Estimates b) Reduce 2009 Expenditures Summary c) Revise 2009 Fund Transfers DATE: July 7, 2009 INTRODUCTION On July 6, 2009, the City Council received a presentation on the budget from three perspectives, as follows: 1. A presentation from Finance Director Bob Mittet on the status of the existing funds within the City financial system. In effect, this is a report on the closing of the books and a financial report on the status of City Funds. Mr. Mittet will also provide the staff responses to the issues raised during the Audit of the CAFR that was received on June 22 by the Council. 2. A presentation from Assistant City Manager Chuck AN [who presented the 2009 Budget in the fall of 2008 as the Acting City Manager] regarding shortfalls in revenue within the overall budget and the planned reductions in expenditures. 3. A presentation by City Manager Jim Antonen on the outlook for revenues and expenditures as the staff begins preparations for the 2010 budget. BACKGROUND The 2008 CAFR details the final accounting for all funds for City operations through the end of 2008. The CAFR provides for an audited documentation of the amount of funds available to begin 2009. On page 86 of the CAFR, the general fund, which highlights a large portion of the major tax supported operations of the City, provides that the balance within this fund on December 31, 2008 was $6,752,051. Obviously this same amount is what the General Fund begins on January 1, 2009. 2009 Budget Summary The assumption to begin the 2009 Budget is shown on page 213 of the 2009 Budget document in that the General Fund Balance would start 2009 with $6,899,601. This shortfall of $147,550 is due to the failure in the last five days of 2008 of the state of Minnesota provide their second half payment of Market Value Homestead Credit (MVHC). That payment amount was $244,473 and would have provided an additional $96,923 in the General Fund for reserves in 2009. The MVHC is an amount that the state pays to the City to offset property owner property tax payments. Later in this report, the state has provided for the option of the City Council to conduct a special levy to capture these funds from the Maplewood property taxpayers. To understand MVHC: the Maplewood Council determines and sets a budget each year. For example, let's assume that a Maplewood taxpayer has a tax payable to the City of $100 to make the budget. Under MVHC, the state tells the taxpayer that they only need to pay $97 and the state will use other revenues to pay Maplewood the remaining $3, except in this case, the state does not make the payment, shorting Maplewood of the $3. In 2008, that failure totaled $244,473. Packet Page Number 56 of 219 BUDGET REPORT PAGE TWO General Fund — start 2009 $6,752,051 2009 Budget Revenues Line Item Line Item Amount Department Revenue from 2009 Budget $18,488,280 City -wide 1. Unallotment of 2009 MVHC ( $514,877) City -wide 2. Tax reduce settlements 3M /Mall ( $264,000) City -wide 3. Interest of Investments ( $150,000) Finance 4. Building permits /plan review ( $500,000) Comm. Dev 5. Passport/License fees ( $ 40,000) Citizen Sery Total New 2009 Revenue $17,019,403 Revenue Reduction Explanations 1. Governor Pawlenty has announced that again in 2009, that the state will be unable to make their 2009 MVHC payment. That amount is $514,877. 2. A number of major taxpayers appealed their tax capacity assessments and reached agreement with the Ramsey County Assessor on a reduction of $264,000 in planned taxes. 3. The Finance Department invests city funds in various safe investments. The estimated amount for 2009 appears too high as the return on investments has been significantly reduced in the past 6 -8 months and the likely return is significantly lowered by $150,000. The General Fund realized $319,258 in interest income in 2007, which was reduced to $246,697 in 2008. The 2009 estimate is recommended to be lowered to $116,540. 4. The Community Development Department has operated the planning and inspections divisions as an enterprise approach for many years. As recently as 2005 and 2006, this enterprise approach provided the General Fund with excess funds approaching $500,000 annually. That amount continues to decrease and needs to be reduced due to the failure of a number of development projects that would have provide payment of these fees in 2009 to this fund. The reduction is estimated to be reduced by $500,000 from $1,147,520 of revenue to $647,520 in likely revenue. 5. The Citizen Services Department receives revenue from permits, licenses and passport fees. Due to the slowing economy, less people are registering new cars and less people are traveling. The estimated revenue should be reduced by $40,000. 2009 Budget Expenditures Line Item Amount Expenditures from 2009 Budget $18,172,887 1. Savings on fuel contract ( $102,957) 2. 5 unfilled positions in budget ( $248,186) 3. 2 transfers Comm Dev -Pub Wks ( $ 86,030) 4. delayed hirings in Police { $ 95,000) 5. delayed hiring of City Manager ( $ 28,440) 6. delayed hiring of Sr. Admin { $ 9,760) 7. Finance Dept — no intern ( $ 10,000) 8. Reduced MCC support { $ 79,780) 9. Reduce Rec Fund support ( $ 43,550) 10. Dept reductions by 1.46% { $263,458) Total New 2009 Expenditures $17,205,726 Packet Page Number 57 of 219 BUDGET REPORT PAGE THREE Expenditure Reduction Explanations 1. The Public Works staff negotiated a one -year fuel contract in January 2009 to lock in fuel costs. Average cost per gallon is locked at $1.60 per gallon for 2009, while the budget was estimated in October 2008 at $2.80 per gallon. This results in a savings of $102,957. 2. There are currently 5 positions listed within the budget that have been unfilled due to a `soft" hiring freeze that has been in effect since late in 2008. Those positions are a vacant building maintenance technician, a vacant park maintenance position, a vacant maintenance position at MCC, a vacant IT technician and a vacant reception position. These vacancies result in a 2009 budget savings of $248,186. 3. Two positions that were assigned to Community Development have been assigned to the engineering staff due to the work shortfall in building inspection area. This results in a savings of $86,030. 4. The Police Department was delayed in hiring of the Deputy Police Chief and the subsequent filling of a number of positions due to retirements as the civil service process worked through the necessary steps. This resulted in a savings of $95,000. 5. The 2009 Budget assumed that the new City Manager would start employment on January 1 sc Due to the delay in hiring this saved the budget $28,440. 6. The position of Senior Administrative Assistant was filled with a temporary employee for the first 2 "l2 months of 2009 resulting in a savings of $9,760. 7. An intern proposed to assist the Finance Department has been cut saving $10,000. 8. A comparison of the 2008 CAFR report on the MCC Fund (pages 42 -44) versus the 2009 Budget (page 222 -223) shows that the MCC operations performed much better in 2008, thus the planned use of levy fund monies of $300,000 can be reduced by $79,780. 9. A comparison of the 2008 CAFR report on the Recreation Program Fund (pages 97 -99) versus the 2009 Budget (page 218) that the planned levy monies of $250,000 can be reduced by $43,440 by using fund balance and a cut of expenses of $15,000. 10. A reduction of appropriations to each program has been proposed in the amount of 1.46 %. Each department head will be present to explain the impact of these cuts as listed and explained by program below: a. Program and Acct No. 2009 Budget 2009 Reduction Amount Cit Service Admin — 301 $ 501,390 $ 7,320 Deputy Registrar — 303 $ 361,080 $ 5,272 Elections — 304 $ 52,650 $ 769 Ice Arena Ops — 606 $ 30,000 $ 438 Marketing — 111 $ 278,270 4,063 Total Citizen Services $1,223,390 $ 17,861 Karen Guilfoile: Since the Citizen Services Department is customer service driven I find myself in quiet the predicament in making cuts that do not include reducing staff since a large percentage of the programs are wages and benefits related. As follows: 301 — Citizen Services Administration is 71 % wages and benefit related (if you include IT charges it is 83 %) 303 — Deputy Registrar is 99% wages and benefit related 304 — Election is 89% wages and benefit related costs Packet Page Number 58 of 219 I V-Alcj :0 • Karen G (cont.)The above equals a proposed cut of $13,361 and would be taken from numerous line items in 301 Citizen Services Administration. 606 - Ice Arena Operations the requested budget cut of $439 can easily be made 111 - Marketing the requested cut of $4,063 will be made in various line items throughout the program b. Program and Acct No. 2009 Budget 2009 Reduction Amount Building Inspections - 703 $ 501,920 $ 7,328 Code Enforcement - 707 $ 72,820 $ 1,063 Comm. Dev Admin - 701 $ 370,940 $ 5,416 Nature Center Gen Fund - 604 $ 174,980 $ 2,555 Open Space Mgmt - 605 $ 71,320 $ 1,041 Park and Rec Admin - 601 $ 142,240 $ 2,077 Planning - 702 $ 270,080 $ 3,943 Public Health - 704 $ 51,060 745 Total Comm Dev /Park $1,926,195 $ 24,168 Dewey Konewko: I do not believe these cuts will in anyway result in and/or compromise services we provide to the public. As per your instructions, I did not include any "real" personnel cuts. The following proposed cuts are my recommendations for the 2% reductions in the Community Development and Parks Department: Wages/Temporary - cut $5,000 (Community Development Administration) Fees Consulting - cut $2,000 (Community Development Administration) Fees Consulting - cut $5,000 (Planning) Supplies /Equipment - cut $400 (Public Health Inspections) Supplies /Equipment - cut $1,500 (Code Enforcement) Maintenance Materials - cut $1,000 (Open Space Management) Fees for Service - cut $1,000 (Open space Management) Publishing - cut $1,000 (Nature Center) Fees for Service - cut $1,000 (Nature Center) Fees for Service - cut $4,000 (Building Inspections) #of reductions - cut $3,500 (Parks & Rec. Administration) Total Community Development Reductions $25,400 c. Program and Acct No. 2009 Budget Finance Admin - 201 $ 301,200 Finance Services - 202 381,140 Total Finance $ 682,340 Bob Mittet: Information on cuts to be provided. 2009 Reduction Amount $ 4,398 5,565 $ 9,962 Packet Page Number 59 of 219 BUDGET REPORT PAGE FIVE d. Program and Acct No. Fire Safety Ad min — 411 Emergency Mgmt — 413 Fire Prevention — 405 Fire Suppression — 404 Total Fire Steve Lukin: 2009 Budget 2009 Reduction Amount $ 355,740 $ 5,194 $ 23,060 $ 337 $ 89,530 $ 1,307 $1,405,990 $ 20,527 $1,874,320 $ 27,365 A) We will uses $6,000 from not having one paid on call firefighter work on the weekend for the rest of 2009 with the fulltime staff this will have no impact on our service. B) We will uses $8,000 form not having to pay out as much over time required by FLSA for our fulltime staff working more then 56 hours per week for the rest of 2009. This will be done by having them take there VAC time once in every 3 week period to the best we can. This will automatically happen when they have to take there VAC. C) Moving 25% {$13,806} Susan wages from 101 -411 to the EMS fund. Total Cuts Requested: 27,365 -A 6,000 -B 8,000 -C 13,806 TOTAL 27,806 e. Program and Acct No. 2009 Budget Police Admin — 401 $ 868,740 Animal Control — 407 $ 42,080 Investigations — 409 $1,094,060 Police Services — 402 $4,391,320 Total Police $7,502,090 Chief Thomalla: 2009 Reduction Amount $ 12,684 $ 614 $ 15,973 $ 80,271 $109,542 Delay in not filling Deputy Chief Position - $12,057 X 4 months = $48,231 Delay in hiring two officers $9,717 X 4 months = $29,151 Estimated savings in delay of LT promotions $10,000 Total of initial cuts $112,382 Savings in excess of the $95,000 $17,382 Packet Page Number 60 of 219 BUDGET REPORT PAGE SIX Chief Thomalla (cont.) ADDITIONAL CUTS Purchase one less squad car $22,422 Move Tahoe purchase to forfeiture fund from 402 $27,575 Reduce 402 Education Reimbursement $ 8,000 Reduce Repair and Maintain Vehicle in 402 $10,000 Reduce 402 Overtime $24,200 Savings in excess of the $95,000 $17,382 Total of Cuts $109,579 It is believed the cuts in Tuition Reimbursement and Vehicle Repairs and Maintenance will not be needed due to fund balance history so they should have no impact on delivery of services. Moving the Tahoe purchase to the Forfeiture Fund is an accounting shift removing the purchase from the operating budget and will have no impact on the delivery of services. The overtime cuts may have an impact on our ability to hold a Citizens Academy and reduce firearms training sessions if overtime funds become reduced significantly in coming months. f. Program and Acct No. 2009 Budget 2009 Reduction Amount Pub Wks Admin — 501 $ 401,530 $ 5,862 Building Operations — 115 $ 580,860 $ 8,481 Engineering — 503 $ 970,010 $ 14,162 Park Maintenance — 602 $ 938,380 $ 13,700 Snow and Ice Control — 514 $ 326,410 $ 4,766 Street Maintenance — 502 $ 721,900 $ 10,540 Transit Ops — 515 $ 33,920 $ 495 Total Public Works $3,590,230 $ 58,006 Chuck AM and Michael Thompson: Randy Lindblom has accepted a mobility assignment to MnDOT for 5 months, whereby MnDOT will pay his salary. That savings is $42,660. Savings in the administrative budget due to the realignment duties with the elimination of the Deputy Public Works Director will save $16,800. Total savings is $59,460. g. Program and Acct No. Executive Admin — 102 HR Admin — 116 Legal Services — 103 Safety — 114 Total Executive 2009 Budget $ 269,640 $ 284,540 $ 462,500 9,560 $1,026,240 2009 Reduction Amount $ 3,937 $ 4,154 $ 6,753 140 $ 14,983 Total savings in these programs will include increasing the rent charges to office spaces to the City Attorneys and a reduction in the charges of 2% by the City Attorneys. Additional savings will be identified through the year. Packet Page Number 61 of 219 BUDGET REPORT PAGE SEVEN h. Program and Acct No. City Council — 101 Community Outreach — 104 Planning Comm — 107 Park &Rec Comm — 106 Police Civil Sery Comm — 105 Total Legislative 2009 Budget 2009 Reduction Amount $ 148,260 $ 2,165 $ 630 $ 9 $ 1,200 $ 18 $ 310 $ 5 $ 2,380 $ 35 $ 152,780 $ 2,231 No specific savings have been identified in these programs at this time. Further analysis will result in adjustments as necessary. Total General Fund Reductions from $18,090,330 = $264,119 The third and final portion of the General fund after revenue and expenditure estimates are the necessary transfers to and from the fund. 2009 Budget Transfers Line Item 1. Employee Benefits Fund 2. CIP Fund 3. Debt Service Fund 4. Fire Truck Replacement Total New 2009 Tranfers Summary of Revised 2009 Budget Amount Department $480,000 City -wide ( $ 0) Parks needs { $411,125) Pub Wks ( $ 99,640) Fire ($22,525) New 2009 Revenue $17,019,403 New 2009 Expenditures $17,205,726 New 2009 Transfers ( 22,525) New 2009 Net General Fund ($ 208,848) Jan 01, 2009 Fund Balance $6,752,051 Dec 31, 2009 Estimate Fund Balance $6,543,203 * * - This results in a fund balance that is 38.03% of the 2009 Expenditures. The goal from Page 213 of the 2009 Budget was 37.8 %. Note that the fund balance percentage has ranged from a low of 35% used by the City Council in 2005 to the current 37.8% for budgeting. The recommended range is 35% as a low to a comfortable range of 36 -38% to maintain healthy reserves. Packet Page Number 62 of 219 BUDGET REPORT PAGE EIGHT Recommendation It is recommended that the City Council adopt the attached resolution that adjusts the 2009 budget by reducing the revenue estimates to $17,019,403 and expenditures to $17,205,726 and to authorize fund transfers in the aggregate total of a reduction of $22,525. Attachment: a) Resolution Packet Page Number 63 of 219 AUTHORIZING A REVISION TO THE 2009 REDUCING REVENUE ESTIMATES REDUCING AUTHORIZED EXPENDITURES APPROVING FUND TRANSFERS WHEREAS, after a duly called Public Hearing held on December 8, 2008, the City Council adopted a resolution certifying taxes payable in 2009, and WHEREAS, after said Public Hearing the City Council adopted a resolution adopting the 2009 Budget, and WHEREAS, the City Manager has reported on anticipated shortfalls in revenue in 2009 and proposed a plan for a reduction in expenditures and a revision to fund transfers to accommodate a fund balance reserve in the General Fund that provides for adequate reserves for City operations. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEOOD, THAT: 1. That the Finance Director is hereby authorized to revise the 2009 Budget as follows: a. Revenue estimates shall be reduced in the appropriate funds as follow: i. Government Aids as MVHC: $524,877 ii. Property Tax Receipts: $264,000 iii. Interest of Investments: $150,000 iv. Building permit and plan review fees: $500,000 v. Passport /License Fees: $ 40,000 2. That the Finance Director is hereby authorized to revise the 2009 Budget as follows: a. Expenditures authorizations shall be reduced in the appropriate accounts as follows: i. Various accounts for fuel $102,957 ii. Various accounts for 5 personnel $248,186 iii. Transfers from Community Dev to Pub Wks $ 86,030 iv. Personnel costs in Police for delays $ 95,000 v. Personnel costs in Admin for City Mgr $ 28,440 vi. Personnel Costs in Admin for Sr. Asst. $ 9,760 vii. Personnel Costs in Finance for Intern $ 10,000 viii. Reduced transfer to MCC Account $ 79,780 ix. Reduced transfer to Rec Prog Fund $ 43,550 x. Various across the board expenditures $263,458 1. Citizen Services $ 17,861 2. Comm Development $ 24,168 3. Finance $ 9,962 4. Fire $ 27,365 5. Police $109,542 6. Public Works $ 58,006 7. Executive $ 14,983 8. Legislative $ 2,231 3. The Finance Director is hereby authorized to implement the following fund transfers: a. Transfers shall be revised as follows: i. From the Employee Benefit Fund to General Fund $480,000 ii. From the General Fund to the CIP Fund $ 0 iii. From the General Fund to the Fire Truck Replace Fund $ 99,640 iv. From the General Fund to the Debt Service Fund $421,125 Packet Page Number 64 of 219 AGENDA REPORT Agenda Item L1 TO: James E. Antonen, City Manager FROM: Charles Ahl, Assistant City Manager /Public Works Director H. Alan Kantrud, City Attorney SUBJECT: Markham Pond Retaining Wall, City Project 05 -18, Resolution Receiving Property Owner Improvement Petition, Approving Improvement Agreement with Property Owner, Approving Plans and Specifications for Improvement, and Authorizing Receipt of Bids DATE: July 8, 2009 INTRODUCTION Azure Properties, Inc. is the owner of a building at 1650 Beam Avenue. Azure Properties took legal action in 2000 to determine that the city was responsible for a retaining wall built by Azure Properties to hold their parking lot in place. The wall is failing and the City Council authorized an engineering investigation in June 2005 to determine an approach for replacement or rehabilitation. The report recommended a project be completed in 2007. Legal proceedings and discussions have ensued since that timeframe to determine the ownership and local responsibilities. A legal opinion from the League of Minnesota Cities Insurance Trust recommended that the City would have difficulty in prevailing on this issue of wall ownership. An agreement has been negotiated by the City Attorney with Azure Properties, Inc. for a replacement project. Plans have been completed and are ready to go to bids. Approval to proceed is recommended. Background The property at 1650 Beam Avenue is adjacent to Markham Pond. The parking lot for this property is supported by a two -tier timber wall. The parking lot has been sinking toward Markham Pond and the wall is showing significant indications of displacement. Due to the possibility of failure, the engineering staff hired a retaining wall expert to analyze the wall. The report was prepared by SEH Engineers. In summary, the report concluded that the wall has failed and likely will completely collapse soon. The engineer originally recommended that the wall be replaced in 2006; however, after further discussion in October 2005, a decision was made that there was little risk of wall failure in 2006, so the repairs were delayed, but are at the point that replacement in 2009 is necessary. An updated review of the wall was conducted in January 2007, again in 2008 and recently in 2009 to determine the risk factors with waiting for this improvement. Additional indications of movement of the parking lot have been observed in recent months indicating that further degradation of wall has occurred increasing the likelihood of catastrophic failure that could impact the building structure. On October 13, 2008, the City Council approved a project budget of $375,000 and authorized the preparation of the Improvement Agreement and the project plans and specifications. Budget Impact The cost for wall construction in 2007 was estimated at $375,000. A project budget of $375,000 was established at that time. Funding for this project is proposed from an assessment to the property, Azure Properties in the amount of $56,084.40. The remainder has been budgeted and is available from the EUF Fund. Upon the receipt of bids, an adjustment to the final project costs may be necessary to accommodate all project costs. The assessment amount is set with Azure Properties, Inc. Packet Page Number 65 of 219 MARKHAM POND IMPROVEMENTS PAGE TWO Project Improvement Agreement The attached agreement has been negotiated by the City Attorney with representatives from Azure Properties, Inc. The agreement provides for a establishing a clear easement over Markham Pond, which was never clear from the 1990's litigation. Easements for the construction project are also provided. Within the agreement, Azure Properties, Inc. are petitioning for the improvements and agreeing to the assessment amount of $56,084.40. This assessment amount is consistent with City policy for a storm water assessment, which takes the 1650 Beam Avenue property to a maximum storm water assessment in comparison to all other area property, plus provides for an additional $25,000 in assessment amount to other Azure Properties, Inc. parcels that drain into Markham Pond. With the petition and assessment waiver, the City is assured of the funding from Azure Properties, Inc. The attached resolution approves the agreement as well as receiving the petition and assessment waivers as part of the project. Project Considerations This project is a necessary based upon risk factors. Mr. Ron Farmer of SEH has testified at the 2007 meeting and indicated that the wall has been monitored over the past few years and continues to move. It will fail at some point in time; however the risk factor is increasing with each year. SEH inspected the wall in January 2007, again early in 2008 and recently in 2009. They have determined that the wall continues to move and will likely fail during a major rainy and wet period, although there is no conclusive determination nor engineering judgment that can predict the actual date. SEH has provided a number of options for replacement ranging in cost from $150,000 to $765,000. Engineering staff and SEH have determined that the most reasonable approach is Option 2A, Partial Excavation and a New Modular Block Wall. This seems to provide the City with the least cost while providing a reasonable amount of risk and longevity for the wall. It is recommended that the project be started at this time. The adoption of the resolution approves the agreement, receives the petition and assessment waiver and authorizes the receipt of bids. A hearing will be necessary to levy the assessments prior to the award of bid in August 2009. RECOMMENDATION It is recommended that the City Council approve the attached resolution receiving the project petition from Azure Properties, Inc., approving the Improvement Agreement with Azure Properties, Inc., which authorizes the Mayor and City Manager to execute the agreement, approves the project plans and specifications and authorizes the receipt of bids on August 5, 2009 for the Markham Pond Retaining Wall, City Project 05 -18. Attachments: 1. Resolution 2. Agreement for Construction of Approvements 3. Exhibit A1.2 4. Exhibit B — Easement Agreement 5. Exhibit C 6. Exhibit D - Petition 7. Exhibit E -1 8. Exhibit E -2 9. Exhibit F Packet Page Number 66 of 219 RESOLUTION RECEIVING A PROJECT PETITION APPROVING AND IMPROVEMENT AGREEMENT APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING RECEIPT OF BIDS WHEREAS, pursuant to authorization of the council adopted June 13th, 2005, a report has been prepared by SEH Engineers, Inc. with reference to the improvement of Markham Pond Retaining Wall, City Project 05 -18, and this report was received by the council on April 23, 2007 and said report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, and WHEREAS, on October 13, 2008, the City Engineer was authorized to have made the preparation of plans and specifications in preparation for a project, and WHEREAS, on October 13, 2008, the City Attorney was directed to negotiate an improvement agreement with Azure Properties, Inc. for the improvement project as detailed within the improvement report, and WHEREAS, the City Engineer has presented to the City Council final plans and specifications as prepared by S.E.H. Engineers, and WHEREAS, the City Attorney has presented a final version of an Improvement Agreement with Azure Properties whereby Azure Properties hereby petitions for an improvement as detailed within the improvement report and waives their right to hearing and assessment objection. THAT: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, I . The petition as submitted by Azure Properties, Inc. for the improvement of the retaining wall in accordance with Option 2A within the report for Markham Pond Improvements is hereby received and acknowledged noting the waiver of a hearing requirement and assessment objection. 2. The Improvement Agreement is hereby received and approved, establishing project conditions and easements and the Mayor and City Manager are hereby authorized and directed to execute said agreement. 3. The project plans and specifications, as prepared by S.E.H. Engineers, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 4. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 5"' day of August, 2009, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 5. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of August 13` 2009. Packet Page Number 67 of 219 CITY OF MAPLEWOOD Agreement for Construction of Improvements, Maintenance Agreement, and Assessment of Costs for Markham Pond Retaining Wall Reconstruction This AGREEMENT is made this day of , 2009, between the City of Maplewood, Minnesota (the "City ") acting by and through its Mayor and City Manager, and DeSoto Associates Limited Partnership, LLP ( "DeSoto "), acting through its officer or authorized agent. IN CONSIDERATION of the following mutual agreements and covenants, the parties hereby agree as follows. ARTICLE ONE: RECITALS 1.1 DeSoto is the owner of a certain tract of real property (hereinafter, the "Property ") located in the City, and legally described as follows: Northeast Quarter of the Northwest Quarter of the Southeast Quarter of Section 3, Township 29, Range 22, Ramsey County, Minnesota. (P.I.N. 03.29.2142.0001). 1.2 In or about 1973, the City caused a dam to be built across a branch of County Ditch 18 near the Property for the purpose of creating a pond to hold run -off from nearby lands, including Maplewood Mall. The resultant pond is approximately 15 acres of non- navigable water known as "Markham Pond." 1.3 Markham Pond was created on land that included approximately 5 acres of the southerly part of DeSoto's Property. In connection with creating Markham Pond, the City caused land to be excavated from the southerly part and piled on higher ground on the northerly part of DeSoto's Property. Packet Page Number 68 of 219 1.4 As finally adjudged in 1998, the City's creation of Markham Pond and excavation of the Property constituted the taking of an easement in the excavated part of the Property for the purpose of creating and maintaining Markham Pond. 1.5 In or about 1973, to prevent the land on the northerly part of the Property from subsiding and eroding into Markham Pond, and with the consent of the City, DeSoto's predecessor- in- interest built a retaining wall (hereinafter as now or hereafter constructed, re- constructed, replaced, repaired, and maintained, the "Retaining Wall ") on the excavated portion of the Property, where the City had stopped its excavation of the Property. The Retaining Wall is situated in the part of the Property over which the City has its easement. 1.6 Pursuant to express and implied agreements, statute, and common law, the City owes DeSoto the duties to maintain and repair the Retaining Wall and to provide lateral and subjacent support for the unexcavated part of DeSoto's Property. 1.7 Recently, the Retaining Wall has begun to show signs of failure, and the northerly part of DeSoto's Property has begun to subside substantially. 1.8 To facilitate the repair and future maintenance of the Retaining Wall, to protect the Property, and for the other purposes set forth herein, the City and DeSoto now enter into this Agreement. ARTICLE TWO: EASEMENT 2.1 The City and DeSoto acknowledge and agree that the City has a non - exclusive easement ( "Easement ") over that portion of the Property described in the attached Exhibit A (`Basement Area ") in favor of the City, its agents, contractors, and invitees, for the sole 2 Packet Page Number 69 of 219 purposes of permitting the following duties and uses: the existence and maintenance of Markham Pond within its present confines and not beyond; the construction, re- construction, replacement, repair, and maintenance on the Easement Area of the Retaining Wall; and, the protection of the other portions of the Property ( "Non- Easement Area ") from subsidence caused by the passage of time or any other reason and from damage caused by Markham Pond, the Retaining Wall, negligence in maintaining or failing to maintain the Retaining Wall, any permitted duties and uses under the Easement, or the City, its agents, contractors, and/or invitees. 2.2 By entering this Agreement, the City waives any right to require DeSoto to maintain the Easement Area in a safe condition. 2.3 Desoto reserves the rights to use the Easement Area and to grant further easement interests in the Easement Area to others as long as such interests and uses do not materially and unreasonably interfere with the use of the Easement Area by the City in accordance with this Agreement. DeSoto's rights to use the Easement Area include, but are not limited to, the right to drain and discharge water from the Property into Markham Pond. 2.4 The City and DeSoto shall on the date hereof execute the Easement Agreement Concerning Markham Pond Retaining Wall ( "Easement Agreement ") attached hereto as Exhibit B. 2.5 The City and DeSoto consent to the recording by either party of the Easement Agreement with the County Recorder or Registrar of Ramsey County, Minnesota, and any similar state or local governmental entity. Packet Page Number 70 of 219 ARTICLE THREE: DUTIES CONCERNING EASEMENT AREA AND NON - EASEMENT AREA 3.1 The City promises, agrees, and covenants, and acknowledges its duties to construct, re- construct, replace, repair, and maintain the Retaining Wall in its current location within the Easement Area to protect perpetually the Non - Easement Area from subsidence caused by the passage of time or by any other reason and from damage caused by Markham Pond, by the Retaining Wall, by negligence in maintaining or failing to maintain the Retaining Wall, by any permitted uses and duties under the Easement, or by the City, its agents, contractors, and /or invitees, all at no cost or expense to DeSoto, its successors, or assigns. 3.2 The City shall be responsible at its expense to maintain the Retaining Wall to provide the lateral and subjacent support for the Non - Easement Area. The City shall also be responsible at its expense to protect the physical safety of persons and vehicles using the Non - Easement Area from unintended ingress to the Easement Area. 3.3 DeSoto shall not be responsible for the quantity and quality of all waters discharged by others onto the Easement Area and Markham Pond. The City shall be responsible for compliance with all applicable federal, state, and local requirements: (a) for the construction, operation, use, and maintenance of the City Improvements (as hereinafter defined); (b) for all discharges of storm water into Markham Pond; (c) for storage of storm water in Markham Pond; and, (d) for any discharge of storm water from Markham Pond, including compliance with all applicable federal, state, and local water quality requirements. 4 Packet Page Number 71 of 219 3.4 All expenses of the operation, maintenance, and reconstruction of Markham Pond, including, without limitation, desilting, shall be the responsibility of the City. In the event that the storm water discharge into Markham Pond causes the capacity of Markham Pond to be exceeded, the City shall be responsible for any resulting damages and shall comply with any federal, state, or local requirements, including any environmental laws, in each case attributable to the quantity or quality of waters discharged into Markham Pond. Without limiting the preceding obligations, the City shall, at all times, use the best commercially reasonable practices: (a) to prevent and limit the amounts of silt, hazardous or toxic substances and pollutants (as defined in any applicable state or federal law), and other contaminants from entering or remaining in the Easement Area or Markham Pond; and, (b) to regulate and control the volume of water in the Easement Area and Markham • .1 3.5 The City is and shall be liable to Desoto for, and shall indemnify Desoto against, all damages, liabilities, and losses caused by breach of the City's duties, promises, agreements, and covenants in this Article Three. The City shall indemnify, defend, and hold harmless Desoto from and against any and all losses, claims, actions, damages, liabilities, penalties, fines, or expenses, of whatsoever nature, including, without limitation, reasonable attorneys' fees and costs on account of mechanics' lien claims, injury to persons, the death of any person, or damages to property either arising from the use by any person of the Easement Area or otherwise relating to the Easement Area. 3.6 The City shall, at all times, keep the Property free from mechanics' lien claims or similar liens arising on account of any act or omission by or on behalf of the City. Packet Page Number 72 of 219 3.7 The City shall, at all times this Agreement is in effect, maintain a policy of general liability insurance with respect to the Easement Area and the City's activities related thereto. The amount of such insurance shall be no less than $1,000,000.00. Such policy shall name DeSoto as an additional insured. All such policies shall provide that they shall not be amended or terminated except upon at least 30 days' prior written notice to DeSoto. Upon ten days of the request of DeSoto, the City shall provide to DeSoto commercially acceptable evidence of insurance coverage meeting the requirements of this paragraph. In the even at any time the City fails to have in place the insurance coverage required by this paragraph or fails to provide evidence of insurance as required by this paragraph, DeSoto shall have the right, but not the obligation, to purchase, in its own name or in the name of the City insurance coverage as required by this paragraph and the cost thereof shall be the responsibility of the City. 3.8 In the event the City fails to perform any obligations under this Agreement within ten days of written notice by DeSoto or fails to provide insurance or evidence of insurance as required herein, DeSoto may, but is not required to, perform any such obligation of the City at the sole cost and expense of the City. Except as may be necessary to prevent damage or injury on an emergency basis, DeSoto shall not commence performance of any unperformed obligation of the City as long as, within such ten -day period, the City shall have commenced curative action and thereafter shall prosecute such curative action diligently to completion. Any amount required to paid by the City to DeSoto pursuant to this paragraph shall bear interest until paid at the lesser o£ (a) the maximum rate of interest allowed by law; or, (b) the rate of interest six percentage points greater than the I Packet Page Number 73 of 219 prime rate of interest then announced by Wells Fargo Bank, N.A., or other major national banking association in Minnesota identified by DeSoto. 3.9 Notwithstanding the availability of any remedy at law or anything else in this Agreement, the parties stipulate and agree that monetary damages will not be adequate in the event the City breaches its duties set forth in Articles Three, Four and Five hereof, and that DeSoto will be entitled to injunctive relief, in addition to actual damages and any other appropriate relief, in the event of any such breach. ARTICLE FOUR: 2409 RE- CONSTRUCTION PROJECT 4.1 The City and DeSoto acknowledge that the Retaining Wall needs to be reconstructed and improved now, and due to the increased impacts to Markham Pond following the City's reconstruction of White Bear Avenue, a full re- construction of the Retaining Wall would be in the best interests of the parties. 4.2 The City shall at its sole expense re- construct and install the Retaining Wall, and make other repairs to the Property, including but not limited to the Non - Easement Area, necessitated by Markham Pond, in accordance with the plans, drawings, specifications and surveys identified and checked on the attached Exhibit C, which make up City Project 05 -18, with the work (the "City Improvements ") to be fully completed no later than October 31, 2009. Such other repairs include, but are not limited to, restoration of the parking lot and traffic barrier on the Property to a condition equal to or better than their original condition and repair of any damage created by performance of the City Improvements. Time is of the essence for the completion of those City Improvements. DeSoto shall have joint approval over the final design for all City Improvements insofar 7 Packet Page Number 74 of 219 as the City Improvements may reasonably be anticipated to have an impact on the Non- Easement Area, including, by way of example and not by way of limitation, DeSoto's building, parking lot, and guardrail, provided that both DeSoto and the City agree that the final design for the City Improvements shall be consistent with Exhibit C. The City shall be responsible for obtaining required permits for all City Improvements. 4.3 The City shall take whatever reasonable measures are necessary to secure the Non- Easement Area or any portion thereof from trespass and intrusion from the construction site, including, but not limited to, security fencing, security gates, and private security services. 4.4 The City will give DeSoto at least two weeks advance notice, and also is asked to give oral notification to DeSoto, of the actual commencement date of any City Improvements. The City will give DeSoto the greatest - possible advance notice, and also is asked to give oral notification, of each subsequent City Improvement, recognizing that DeSoto desires to give its tenants useful information about the 2009 Re- Construction Project. 4.5 As a mere courtesy and accommodation to the City, without prejudice to or effect upon the rights of DeSoto and without conditioning the obligations of the City hereunder, DeSoto agrees to Petition the City for the improvements contemplated by this Agreement pursuant to Minn. Stat. Ch. 429. The agreed -upon form of the Petition is attached hereto as Exhibit D. ARTICLE FIVE: TEMPORARY EASEMENT 5.1 To facilitate the City Improvements, DeSoto grants the City a temporary easement ( "Temporary Easement ") over the Easement Area and also over that portion of the Non- N Packet Page Number 75 of 219 Easement Area described in the attached Exhibit E -1 and Exhibit E -2 (which Exhibits are intended to describe the same area) until October 31, 2009, for purposes of access and construction for the City Improvements and until June 30, 2010, solely to repair the City Improvements, if necessary. The City's intrusion upon such portion of the Non- Easement Area pursuant to the Temporary Easement shall be to the minimum extent necessary. 5.2 During the term of the Temporary Easement, the City will ensure that access will be maintained at all times to all entrances on the south side of the building on the Non- Easement Area. Such access must be easy, safe, and convenient for DeSoto, tenants, their employees, their contractors, their customers, patients, guests, invitees, and others with a right to be on the Non - Easement Area. The City acknowledges that persons with handicaps and physical limitations are expected to be among those who will want access to the building, and the City's obligation under this paragraph 5.2 specifically includes the obligation to provide easy, safe, and convenient access to persons with handicaps and physical limitations. 5.3 Emergency vehicle access to the entrances on the south side of the building must be maintained in accordance with applicable federal, state, and local law. 5.4 It is anticipated that during the term of the Temporary Easement, parking spaces currently on the Non - Easement Area will be unavailable due to construction activities. To the extent any such parking spaces are made unavailable during the Temporary Easement due to construction or other activities by or on behalf of the City, the City shall at no cost to DeSoto or others provide parking, at lots adjacent to the Non - Easement Area, to DeSoto, I Packet Page Number 76 of 219 its tenants, and the customers, guests, visitors, and invitees of Desoto and its tenants, and others with a right to be on the Non - Easement Area. The City shall ensure that the parking so provided will be safe and adequate in quantity and quality for such persons. The parking so provided by the City will, among other things, effect the goal that all persons, including but not limited to those with handicaps or physical limitations, will not be damaged or inconvenienced by such off -site parking. For those with handicaps or physical limitations, the parking so provided by the City will include handicap - accessible shuttle service to and from the entrances on the south side of the building on the Non- Easement Area, or other equivalent service. 5.5 During the term of the Temporary Easement, the City will keep the Non - Easement Area clear of all dirt and debris and will take all reasonable measures to minimize potential hazard of any kind to Desoto, its tenants, and the customers, guests, visitors, and invitees of Desoto and its tenants, and others with a right to be on the Non - Easement Area. 5.6 The City shall bear all costs associated with the Temporary Easement and the use thereof. 5.7 By the completion of the City Improvements or by June 30, 2010, whichever shall first occur, the City shall have restored the Non - Easement Area to a condition at least as good as the better of the condition existing as of the date hereof or the condition required by the plans, drawings, specifications and surveys that comprise Exhibit C. 5.8 DeSoto shall receive no compensation from the City for the Temporary Easement during the term thereof. ARTICLE SIX: ASSESSMENTS 6.1 The parties agree that the costs and labor for the project shall be home by the City, 10 Packet Page Number 77 of 219 exclusively, other than what is hereinafter specifically defined and agreed to. 6.2 Following completion of the project, DeSoto will agree to the following assessment conditions and cause them to be accepted by the relevant property owner: 6.2 .1 A storm water assessment in the amount of $31,084.40 (388,555 square feet x $.08 per sq. /ft.) shall be assessed to the 1650 Beam Avenue property address owned by DeSoto. This assessment shall be paid over an 8 year period at 6% interest. A waiver to this assessment shall also be executed. 6.2 .2 The parties agree that an Assessment Waiver in the form attached hereto as Exhibit F shall be executed with respect to the assessment above and further agree that, with the assessment above, the 1650 Beam Avenue property has been assessed to the maximum allowed under current policies. 6.2 .3 A $25,000.00 storm water assessment to be made against other property to be chosen by DeSoto to be paid over an 8 year period at 6% interest. 6.2 .4 The Parties agree that this assessment is appropriate. A Waiver to this assessment shall also be executed. 6.2 .5 The Parties agree that the aforementioned assessment on the other property might NOT constitute full assessment of the other property and that further assessments may be levied against such property as part of the City's reconstruction project scheduled for 2010. However, it is specifically agreed that such property so assessed shall be given credit for the $25,000.00 assessment based on the actual amount assessed to the parcel. ARTICLE SEVEN: MISCELLANEOUS 11 Packet Page Number 78 of 219 7.1 Binding Agreement This Agreement shall be binding upon and inure to the benefit of the City, and its successors, and Desoto and all subsequent fee - holders of all or any part of the Property. DeSoto personally shall have no further obligations hereunder upon transfer of the fee of the Non - Easement Area. 7.2 Validity. If any portion of this Agreement is for any reason held to be invalid, such holding shall not affect the validity of the remaining portions of the Agreement. 7.3 Indemnification The City agrees to indemnify and hold DeSoto harmless from any and all claims, costs, damages, expenses, or liabilities, including but not limited to any reasonable attorneys' fees, in any way related to or resulting from the City Improvements or the work associated therewith. 7.4 Notice Any notice required hereunder shall be in writing and shall be delivered by depositing the writing in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to City: City of Maplewood Attn: Public Works Director 1830 County Road B. East Maplewood, MN 55109 If to Owner: DeSoto Associates Limited Partnership, LLP Attn: Paul Schreier 95 South Owasso Boulevard West St. Paul, MN 55117 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the third day after mailing_ Addresses for notice may be changed from time to time by notice to the other party. 12 Packet Page Number 79 of 219 7.5 Amendment and Waiver The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement, waive performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed , or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 7.6 Attorneys' Fees In the event of any litigation, arbitration, or other proceeding brought to enforce or interpret this Agreement, the prevailing party shall receive an award of its reasonable attorneys' fees and costs. 7.7 No Claim Against DeSoto For Condition Of Easement Area By entering this Agreement, the City waives and releases DeSoto from any liability, obligation, damage, or claim of whatsoever nature relating to the condition of the Easement Area, whether apparent or hidden. 7.8 Nature And Assignability Of Rights And Obligations The rights and obligations of DeSoto set forth in this Agreement are intended to run with the land. The City may not assign its rights or obligations hereunder. 13 Packet Page Number 80 of 219 7.9 Governing Law The Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 7.10 Headings The subject headings of the paragraphs and subparagraphs of this Agreement are included for purposes of convenience only, and shall not affect the construction or interpretation of any of its provisions. 7.11 Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the City and Owner have caused this Agreement to be duly executed on the day and year first above written. City of Maplewood Desoto Associates Limited Partnership, LLP By Its Mayor By Its City Manager RX 14 Its Officer or Authorized Agent Packet Page Number 81 of 219 Exhibit A That part of the Northeast Quarter of the Northwest Quarter of the Southeast Quarter of Section 3, Township 29, Range 22, Ramsey County, Minnesota, described as follows: Commencing at the Southeast corner of said Northeast Quarter of the Northwest Quarter of the Southeast Quarter; thence North 89 degrees 53 minutes 51 seconds West, on an assumed bearing along the South line of said Northeast Quarter of the Northwest Quarter of the Southeast Quarter, a distance of 60.49 feet to the point of beginning of said easement to be described; thence North 03 degrees 38 minutes 28 seconds West a distance of 208.92 feet; thence North 14 degrees 20 minutes 32 seconds West a distance of 182.16 feet; thence North 63 degrees 05 minutes 42 seconds West a distance of 102.59 feet; thence South 86 degrees 42 minutes 24 seconds West a distance of 105.61 feet; thence South 62 degrees 40 minutes 20 seconds West a distance of 126.67 feet; thence South 45 degrees 46 minutes 33 seconds West a distance of 257.38 feet; thence South 29 degrees 47 minutes 35 seconds West a distance of 96.66 feet; thence South 01 degrees 03 minutes 55 seconds West, a distance of 102.76 feet to the South line of said Northeast Quarter of the Northwest Quarter of the Southeast Quarter; thence South 89 degrees 53 minutes 51 seconds East, along said South line, to the point of beginning. Also a strip of land 20.00 feet in width, the centerline of which is described as follows: Commencing at the Southeast corner of the Northeast Quarter of the Northwest Quarter of the Southeast Quarter of Section 3, Township 29, Range 22, Ramsey County, Minnesota; thence North 00 degrees 59 minutes 50 seconds West, on an assumed bearing along the East line of said Northeast Quarter of the Northwest Quarter of the Southeast Quarter a distance of 259.09 to the point of beginning of said centerline to be described; thence South 88 degrees 32 minutes 37 seconds West a distance of 90.00 feet and there terminating. Said strip of land is to extend by its full width from said East line to a line extended Northerly and Southerly, at right angles to said centerline, from the point of termination. The land included in the foregoing legal description is specifically intended to include at but within its boundary the retaining wall that as of July 4, 2009, exists on the property legally described as the Northeast Quarter of the Northwest Quarter of the Southeast Quarter of Section 3, Township 29, Range 22, Ramsey County, Minnesota (PIN 03.29.22.42.0001). 1 Packet Page Number 82 of 219 Easement Agreement Concerning Markham Pond Retaining Wall This Easement Agreement Concerning Markham Pond Retaining Wall ( "Agreement ") is made this day of , 2009, between the City of Maplewood, Minnesota (the "City ") acting by and through its Mayor and City Manager, Desoto Associates Limited Partnership, LLP ( "DeSoto "), acting through its officer or authorized agent. ARTICLE ONE: RECITALS 1.1 DeSoto is the owner of a certain tract of real property (hereinafter, the "Property ") located in the City, and legally described as follows: Northeast Quarter of the Northwest Quarter of the Southeast Quarter of Section 3, Township 29, Range 22, Ramsey County, Minnesota. (P.I.N. 03.29.22.42.0001). 1.2 In or about 1973, the City caused a dam to be built across a branch of County Ditch 18 near the Property for the purpose of creating a pond to hold run -off from nearby lands, including Maplewood Mall. The resultant pond is approximately 15 acres of non - navigable water known as "Markham Pond." Markham Pond was created on land that included approximately 5 acres of the southerly part of DeSoto's Property. 1.3 In or about 1973, with the consent of the City, DeSoto's predecessor -in- interest built a retaining wall (hereinafter as now or hereafter constructed, re- constructed, replaced, repaired, and maintained, the "Retaining Wall ") 1.4 To facilitate the repair and future maintenance of the Retaining Wall, to protect the Property, and for the other purposes set forth herein, the City and DeSoto now enter into this Agreement. Packet Page Number 83 of 219 ARTICLE TWO: EASEMENT 2.1 For and in consideration of the City's promises set forth herein and in that certain Agreement for Construction of Improvements, Maintenance Agreement, and Assessment of Costs for Markham Pond Retaining Wall Reconstruction of even date herewith, DeSoto grants to the City a non - exclusive easement ( "Easement ") over only that portion of the Property described in the attached Exhibit A ( "Easement Area ") in favor of the City, its agents, contractors, and invitees, for the sole purposes of aiding or permitting the following duties and uses: the existence and maintenance of Markham Pond within its present confines and not beyond; the construction, re- construction, replacement, repair, and maintenance on the Easement Area of the Retaining Wall; and, the protection of the other portions of the Property ( "Non- Easement Area ") from subsidence or from damage caused by Markham Pond, the Retaining Wall, negligence in maintaining or failing to maintain the Retaining Wall, or any permitted duties and uses under the Easement. By entering this Agreement, the City waives any right to require DeSoto to maintain the Easement Area in a safe condition. 2.2 DeSoto reserves the rights to use the Easement Area and to grant further easement interests in the Easement Area to others as long as such interests and uses do not materially and unreasonably interfere with the use of the Easement Area by the City in accordance with this Agreement. DeSoto's rights to use the Easement Area include, but are not limited to, the right to drain and discharge water from the Property into Markham Pond. 2 Packet Page Number 84 of 219 ARTICLE THREE: DUTIES CONCERNING EASEMENT AREA AND NON- EASEMENT AREA 3.1 The City promises, agrees, and covenants, and acknowledges its duties to construct, re- construct, replace, repair, and maintain the Retaining Wall in its current location within the Easement Area to protect perpetually the Non - Easement Area from subsidence caused by the passage of time or by any other reason, and from damage caused by Markham Pond, by the Retaining Wall, by negligence in maintaining or failing to maintain the Retaining Wall, by any permitted uses and duties under the Easement, or by the City, its agents, contractors, and/or invitees, all at no cost or expense to Desoto, its successors, or assigns. 3.2 The City shall be responsible at its expense to maintain the Retaining Wall to provide the lateral and subjacent support for the Non - Easement Area. The City shall also be responsible at its expense to protect the physical safety of persons and vehicles using the Non- Easement Area from unintended ingress to the Easement Area. 3.3 Desoto shall not be responsible for the quantity and quality of any waters discharged by others onto the Easement Area and Markham Pond. The City shall be responsible for compliance with all applicable federal, state, and local requirements for the construction, operation, use, and maintenance of any and all improvements upon the Easement Area and for all discharges of storm water into Markham Pond, for storage of storm water in Markham Pond, and for any discharge of storm water from Markham Pond, including compliance with all applicable federal, state, and local water quality requirements. Packet Page Number 85 of 219 3.4 All expenses of the operation, maintenance, and reconstruction of Markham Pond, including, without limitation, desalting, shall be the responsibility of the City. In the event that the storm water discharge into Markham Pond causes the capacity of Markham Pond to be exceeded, the City shall be responsible for any resulting damages and shall be liable for any violations of any federal, state, or local requirements, including any environmental laws, in each case attributable to the quantity or quality of waters discharged into Markham Pond. Without limiting the preceding obligations, the City shall, at all times, use the best commercially reasonable practices: (a) to prevent and limit the amounts of silt, hazardous or toxic substances and pollutants (as defined in any applicable state or federal law), and other contaminants from entering or remaining in the Easement Area or Markham Pond; and, (b) to regulate and control the volume of water in the Easement Area and Markham Pond. 3.5 The City is and shall be liable to Desoto for, and shall indemnify Desoto against, all damages, liabilities, and losses caused by breach of the City's duties, promises, agreements, and covenants in this Article Three. The City shall indemnify, defend, and hold harmless Desoto from and against any and alllosses, claims, actions, damages, liabilities, penalties, fines, or expenses, of whatsoever nature, including, without limitation, reasonable attorneys' fees and costs on account of mechanics' lien claims, injury to persons, the death of any person, or damages to property either arising from the use by any person of the Easement Area or otherwise relating to the Easement Area. 3.6 The City shall, at all times, keep the Property free from mechanics' lien claims or similar liens arising on account of any act or omission by or on behalf of the City. 4 Packet Page Number 86 of 219 3.7 The City shall, at all times this Agreement is in effect, maintain a policy of general liability insurance with respect to the Easement Area and the City's activities related thereto. The amount of such insurance shall be no less than $1,000,000.00. Such policy shall name Desoto as an additional insured. All such policies shall provide that they shall not be amended or terminated except upon at least 30 days' prior written notice to DeSoto. Upon ten days of the request of DeSoto, the City shall provide to DeSoto commercially acceptable evidence of insurance coverage meeting the requirements of this paragraph. In the even at any time the City fails to have in place the insurance coverage required by this paragraph or fails to provide evidence of insurance as required by this paragraph, DeSoto shall have the right, but not the obligation, to purchase, in its own name or in the name of the City insurance coverage as required by this paragraph and the cost thereof shall be the responsibility of the City. 3.8 In the event the City fails to perform any obligations under this Agreement within ten days of written notice by DeSoto or fails to provide insurance or evidence of insurance as required herein, DeSoto may, but is not required to, perform any such obligation of the City at the sole cost and expense of the City. Except as may be necessary to prevent damage or injury on an emergency basis, DeSoto shall not commence performance of any unperformed obligation of the City as long as, within such ten -day period, the City shall have commenced curative action and thereafter shall prosecute such curative action diligently to completion. Any amount required to paid by the City to DeSoto pursuant to this paragraph shall bear interest until paid at the lesser of. (a) the maximum rate of interest allowed by law; or, (b) the rate of interest six percentage points greater than the prime rate of interest then announced by Wells Fargo Bank, Packet Page Number 87 of 219 N.A., or other major national banking association in Minnesota identified by Desoto. 39 Notwithstanding the availability of any remedy at law or anything else in this Agreement, the parties stipulate and agree that monetary damages will not be adequate in the event the City breaches its duties set forth in Article Three hereof, and that Desoto will be entitled to injunctive relief, in addition to actual damages and any other appropriate relief, in the event of any such breach. ARTICLE FOUR: GENERAL 4.1 In the event of any litigation, arbitration, or other proceeding brought to enforce or interpret this Agreement, the prevailing party shall receive an award of its reasonable attorneys' fees and costs. 4.2 By entering this Agreement, the City waives and releases Desoto from any liability, obligation, damage, or claim of whatsoever nature relating to the condition of the Easement Area, whether apparent or hidden 4.3 The rights and obligations of Desoto set forth in this Agreement are intended to run with the land. 4.4 The City may not assign its rights or obligations hereunder. 4.5 This Agreement shall be governed and construed under the laws of the State of Minnesota without regard to conflicts of law provisions. 4.6 Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective Packet Page Number 88 of 219 only to the extent of such prohibition or invalidity, without invalidating the remainder of htis Agreement. 4.7 Notice Any notice required hereunder shall be in writing and shall be delivered by depositing the writing in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to City: City of Maplewood Attn: Public Works Director 1830 County Road B. East Maplewood, MN 55109 If to Owner: DeSoto Associates Limited Partnership, LLP Attn: Paul Schreier 95 South Owasso Boulevard West St. Paul, MN 55117 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the third day after mailing. Addresses for notice may be changed from time to time by notice to the other party. 4.8 Waiver by either party of any one default will not be deemed to be a waiver of any other default under this Agreement. Any remedy or election under this Agreement will not be deemed exclusive, but, instead, whenever legally permissible, will be cumulative with all other remedies at law or in equity. 4.9 The parties acknowledge that each Exhibit and agreement attached or referenced in this Agreement forms an integral part of this Agreement and by this reference is incorporated herein as if set forth in full verbatim. 7 Packet Page Number 89 of 219 IN WITNESS WHEREOF, the City and Owner have caused this Agreement to be duly executed on the day and year first above written. City of Maplewood By Its Mayor By Its City Manager STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) Desoto Associates Limited Partnership, LLP LIZ Its Officer or Authorized Agent STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged The foregoing instrument was acknowledged this day of , 2009, by , the Mayor of the City of Maplewood, and , the City Manager of the City of Maplewood, on behalf of the City of Maplewood. this day of , 2009, by the general partner of Desoto Associates Limited Partnership, LLP, a Minnesota limited partnership, on behalf of the limited partnership. Notary Public Notary Public This instrument was drafted by: City of Maplewood 1902 County Rd B East Maplewood MN 55109 Packet Page Number 90 of 219 Packet Page Number 91 of 219 LLJ O 00 \CM LU LU w LO In > LU 0, a W . 0 c 5 z 0 , Q- to 8 > > z < w -j LU W 0 ul LU M LU w > r- 0 L c Fn (o M Bri o < cL . -1 z L c" ) z - 0 < P CK n o w,'W- W,<E 0 N CL C) 0 LLI Z L� Lu X (n w -x z < - LLI Z OM LLI > F = :3 0 0 0 0 0 EL F-: <257< W x0f X LLI LU i5 < LLI M 0 Ir u) a. w i z (00 LU L, U, CL LLJ LLJ M F= D do3 - M, \ V / 0 LLJ L a M CK D C) <= Z < < L) N 0 _j L� 0 0 < lil LLI —i z - j U a. z Ld j f Z LLI Of LLI o D C, 0 LLJ 40/ A Z 0 O M 0 z LLI V) _j Z) a- C R, 0 kA LL, LLj L ll 0 Z a. 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LLJ MR Z7 F: b Z m m < < z mo z V u < U5 c I m c n u Packet Page Number 91 of 219 Exhibit D PETITION FOR LOCAL IIMIPR0VEMENTS January 10,2009 TO: The City Council of Maplewood, Minnesota Desoto Associates Limited Partnership, LLP ( "DeSoto'), the owner of real property abutting on the west side of Kennard Street and the south side of Beam Avenue, by Paul M. Schreier, its general partner, hereby Petitions that the retaining wall on the property that, among other things, retains the Markham Pond be improved as agreed by the City of Maplewood and DeSoto pursuant to the Agreement for Construction of Improvements, Maintenance Agreement, and Assessment of Costs for Markham Pond Retaining Wall Reconstruction dated , 2009, by full reconstruction due to, among other things, degradation from storm -water ponding and holding, the rights of DeSoto and agreement of the parties, pursuant to Minnesota Statutes § 429.031 Subd. 3, and that the City assess the property in the following manner as and for DeSoto's full apportionment of the project costs: 1. 1650 Beam Avenue, Maplewood, Minnesota: A storm water assessment in the amount of $31,084.40 (388,555 square feet x $.08 per sq./ft.) shall be assessed to the 1650 Beam Avenue property address owned by DeSoto This assessment shall be paid over an 8 year period at 6% interest. A Waiver to this assessment shall also be executed. An Assessment Waiver shall be executed with respect to the assessment above. With the assessment above, the 1650 Beam Avenue property has been assessed to the maximum allowed under current policies. 2. A $25,000.00 storm water assessment to be made against other property to chosen by DeSoto to be paid over an 8 year period at 6% interest. The City and DeSoto agree that this assessment is appropriate. A Waiver to this assessment shall also be executed. This assessment on the other property might NOT constitute full assessment of the other property and further assessments may be levied against such property as part of the City's reconstruction project scheduled Packet Page Number 92 of 219 for 2010. However, such property if further assessed shall be given credit in such further assessment for the $25,000.00 assessment based on the actual amount assessed to the parcel. 3. Desoto hereby waives any objection to these assessments. Desoto Associates Limited Partnership, LLP LOM Paul M. Schreier Its general partner Examined, checked and found to be in proper form and to be signed by the required number of owners of property affected by the making of the improvement petitioned for pursuant to § 429.035. Dated: Karen Guilfoile, City Clerk Packet Page Number 93 of 219 Exhibit E -1 Temporary Easement for Construction Purposes That part of the Northeast Quarter of the Northwest Quarter of the Southeast Quarter of Section 3, Township 29, Range 22, Ramsey County, Minnesota, described as follows: Beginning at the southeast corner of said Northeast Quarter of the Northwest Quarter of the Southeast Quarter of Section 3; thence North 89 degrees 53 minutes 51 seconds West on an assumed bearing along the south line of said Northeast Quarter of the Northwest Quarter of the Southeast Quarter of Section 3, a distance of 60.49 feet; thence North 3 degrees 38 minutes 28 seconds West, 208.92 feet; thence North 14 degrees 20 minutes 32 seconds West, 182.16 feet; thence North 63 degrees 05 minutes 42 seconds West, 102.59 feet; thence South 86 degrees 42 minutes 24 seconds West, 54.52 feet; thence North 23 degrees 53 minutes 58 seconds East, 65.10 feet; thence South 66 degrees 06 minutes 02 seconds East, 194.59 feet; thence North 89 degrees 01 minutes 02 seconds East, 53.49 feet to the east line of said Northeast Quarter of the Northwest Quarter of the Southeast Quarter of Section 3; thence southerly along said east line a distance of 410.04 feet to the point of beginning. Said temporary easement containing 39,677 square feet (0.911 acres) more or less, and, notwithstanding anything in the foregoing to the contrary, never closer than eight (8) feet from any part of the curbline existing as of July 7, 2009, along the south side of the existing building at 1650 Beam Avenue. Packet Page Number 94 of 219 EXHIBIT E -2 .r. i�. I A > C I ;< Q V) 0 W N 0 z 0 �r w Z rU w `o a� d ire Leo, v AREA NORTH OF BUILDING EXCLUDED FROM EASEMENT N 891'01'02" 53.49 G p ON Gi 54.52 -105 Jill I` I 86'42 � i I C-/4 / y 1N fV O O p S i \x i ba N Pur poses rm Drainag 1 / and Sto p as Easemen Y and Acce. FINAL CERI C AI 9 ,1226 M L court File No 90.00 S 8832'37" W. MARKHAM POND the S line of the NE 1/4 of NW 1/4 of SE 1/4 of Sec. 3 I I 4 . I v w . I o� QiI , L0 o ' I o I (n V U-) I , I \ O I o� zi. I I S 89'53'51" E `- 6D.49 -' N 89'53'51" W the SE cor of the NE 1/4 of NW 1/4 of SE 1/4 of Sec. 3, T. 29 N., R. 22 W. 100 0 100 50 Denotes Temporary Construction Casement = 39,617 s.f. (0.911' acres) FILE N0. / PHONE: (651) 490 -20DO 106129 -MAPLE 3535 VADNAIS CENTER DR. /' awn a ST. PAUL. MN 55110 DATE: MARKHAM POND EASI5AAEWaqMl 8N% of 219 Exhibit F Assessment Waiver Agreement This Assessment Waiver Agreement, dated the day of July, 2009, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City ") and DeSoto Associates Limited Partnership, LLP ( "DeSoto'), a Minnesota limited liability partnership, the owner of real property (the "Property ") at 1650 Beam Avenue, Maplewood, Minnesota, abutting on the west side of Kennard Street and the south side of Beam Avenue, represented by Paul M. Schreier, its general partner. WHEREAS, the City will be providing the City Improvements benefiting the Property, as described in the Agreement for Construction of Improvements, Maintenance Agreement, and Assessment of Costs for Markham Pond Retaining Wall Reconstruction between DeSoto and the City dated July 1 2009 ( "Agreement "); WHEREAS, Paul M. Schreier, general partner of DeSoto, legally represents the property described by the address and property identification number as: 1650 Beam Avenue, Maplewood, Minnesota, PIN# 03.29.22.42.0001. WHEREAS, any portion of said property that is assigned to other parties is bound to the Agreement between the City and DeSoto. NOW THEREFORE, the City and DeSoto agree to make the following agreement: 1. Following completion of the City Improvements and related work, DeSoto will agree to the following assessment conditions and cause them to be accepted by the relevant property owner: (a) A storm water assessment in the amount of $31,084.40 (388,555 square feet x $.08 per sq. /ft.) shall be assessed to the 1650 Beam Avenue property address owned by DeSoto. This assessment shall be paid over an 8 year period at 6% interest. With the assessment above, the 1650 Beam Avenue property will have been assessed to the maximum allowed under current policies. (b) A $25,000.00 storm water assessment to be made against other property to be chosen by DeSoto to be paid over an 8 year period at 6% interest. The Parties agree that the aforementioned assessment on the other property might NOT constitute full assessment of the Packet Page Number 96 of 219 other property and that further assessments may be levied against such property as part of the City's reconstruction project scheduled for 2010. However, it is specifically agreed that such property so assessed shall be given credit for the $25,000.00 assessment based on the actual amount assessed to the parcel. The owner(s) of such other property retain all rights of hearing, notice of hearing, and appeal concerning any further assessments against such property. 2. DeSoto has been advised of its right to notice and a public hearing and right to appeal concerning the assessments proposed against the property at 1650 Beam Avenue in the amount of $31,084.40 with the assessments to be paid over an 8 year period at 6% interest. DeSoto agrees to waive such notice of hearing, as agreed to in the Agreement, and hearing, and its right to appeal said assessments pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek 58 N.W.2d 746 (Minn. 1953). 3. Severability. If any term of this Assessment Waiver Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Assessment Waiver Agreement, which shall continue in full force and effect. 4. Arbitration. It is agreed by the parties that any differences, dispute or claim which arises under and pursuant to this Assessment Waiver Agreement or as to the performance thereof by the parties hereto shall be submitted for arbitration to a board of arbitrators consisting of three (3) persons, one selected by the party interested in one side of the dispute, one by the party interested in the other side of the dispute, and a third person mutually selected and agreed upon by the first two arbitrators. Any party shall notify the other party in writing, served by U.S. Mail, certified or registered, postage prepaid, of a dispute, stating the nature of the claim or dispute and the name 2 Packet Page Number 97 of 219 and address of such party's selected arbitrator. The other party shall serve notice within fifteen (15) days thereafter of its selected arbitrator and opposition or other interest in the claim or dispute. The two arbitrators shall select a third disinterested arbitrator within fifteen (15) days after the response notice stated above. Arbitration shall be commenced within forty -five (45) days of the original notice pursuant to the previous paragraphs hereof, and all proceedings shall be governed by Minnesota Statutes, Chapter 572. The decision of any two arbitrators shall be binding and conclusive with respect to all claims and disputes submitted in such arbitration proceedings. If a party does not respond to an arbitration notice, then the party first serving the arbitration notice under the previous paragraphs shall be entitled by Motion to petition a court of competent jurisdiction for its order selecting and appointing an arbitrator for said defaulting party. Any such determination by the Court shall be final, binding and conclusive as to all parties in interest. Expenses for the arbitration shall be divided equally among the parties. 5. The City's and DeSoto's obligations under this Assessment Waiver Agreement shall be conditioned, for the sole benefit of the City and DeSoto, upon the following: A. Contingent upon review and approval of final terms by the City Attorney. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. (the remainder of this page intentionally left blank; signature page follows) Packet Page Number 98 of 219 Desoto Associates Limited Partnership, LLP CITY OF MAPLEWOOD By Its: Officer or Authorized Agent Its: Mayor Date: Date: Its: City Manager Date: Approved as to form and final terms UZZ Its: City Attorney 4 Packet Page Number 99 of 219 Agenda Item L2 TO: James Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: July 8, 20009 SUBJECT: Agreement Between the City of Maplewood and the Minnesota Department of Public Safety, Driver and Vehicle Services Division INTRODUCTION The City of Maplewood Citizen Services Department - Deputy Registrar provides motor vehicle registration services not only for the residents of Maplewood but for the general public as well. Due to the large number of dishonored checks returned from the bank, a law was passed that allowed Deputy Registrars to notify the State to flag a motor vehicle record for suspension of registration after good faith efforts to collect the bad debt has been made by the City of Maplewood. The attached agreement outlines the formal agreement between the City of Maplewood and the Minnesota Department of Public Safety, Driver and Vehicle Services Division. The Agreement has been reviewed and approved for format and content by City Attorney Kantrud. It is recommended that the City Council approve the attached agreement between the City of Maplewood and the Minnesota Department of Public Safety, Driver and Vehicle Services Division for the suspension of registration on vehicles whose owner's present a dishonored check made payable to the City of Maplewood, Deputy Registrar. Packet Page Number 100 of 219 STATE OF MINNESOTA Agreement between the Minnesota Department of Public Safety, Driver and Vehicle Services Division, hereinafter referred to as the "State ", and ,a Minnesota deputy registrar appointed by the Commissioner of the Department of Public Safety, hereinafter referred to as the "Deputy ", for the suspension of registration on vehicles whose owner's present a dishonored check made payable to the Deputy. This agreement is entered into on this the day of, , year of and upon execution of this agreement, this agreement replaces any and all pervious agreements between the State and the Deputy pertaining to dishonored checks and motor vehicle registration. Whereas, the State and the Deputy have a mutual interest in assuring that fees for registration are paid and collected; and Whereas, the State and Deputy work in partnership to ensure citizens have access to and have service provided so that motor vehicles are properly licensed and registered; and Whereas, the issuance of dishonored checks for taxes and fees by the customer results in a loss of revenue to the state and the Deputy while allowing the customer to operate a vehicle with updated registration while avoiding the taxes and fees; and Whereas, the State is authorized to appoint the Deputy under Minnesota Statute 168.33. Whereas, Minnesota Statues 168.17 subdivision b authorized the suspension of registration for a motor vehicle when the registration was purchased with a dishonored check; and, Whereas, Deputies are not reimbursed by the State for amounts received from dishonored checks. NOW, THEREFORE, BE IT RESOLVED that the parties mentioned above, agree to the terms and conditions set forth as follows: 1. RESPONSIBILITIES OF THE DEPUTY: By participating in this program, the Deputy agrees to be responsible to: A. Adopt and adhere to a check acceptance policy that meets the minimum criteria as set forth in Attachment A of this agreement, and to ensure all staff follow this policy B. Use good faith efforts to collect on bad payment prior to notifying the State to flag a motor vehicle record for suspension of registration. C. Verify the owner /lessee of motor vehicle record prior to notifying the State to flag the motor vehicle record. D. Issue a letter, as an agent to the State on the format provided by the State, to the owner at the address listed on the motor vehicle record stating the registration will be suspended due to non- payment of fees as prescribed by Minnesota Statute. The notification shall further indicate the date by which the individual has to make payment and the deputy office where the payment is to be made along with a contact number. The date shall be thirty (30) days from the date the motor vehicle record is flagged. E. Notify the State immediately upon payment of the amount due to reinstate registration if the registration had been suspended. F. Accept all responsibility for any liability resulting from the Deputy's performance of the duties under this agreement and for said claims to hold the State and its employees harmless in any such claim, cause of action, or lawsuit provided that the damage or loss claimed therein is caused in whole by a negligent act or omission or willful misconduct of the Deputy, or his or her employee(s). Packet Page Number 101 of 219 G. Accept and respond to all inquiries from the customer regarding the letter issued by the State under Section 2, Paragraph B of this agreement regarding potential or actual suspension of registration. H. Maintain a motor vehicle record of vehicles to which flags have been added and to allow staff from the State to review the motor vehicle records in order to ensure compliance with this agreement. This may include review of check acceptance policy and good faith efforts to collect on bad payments. Motor vehicle records shall be maintained in accordance with data retention requirements of the State. I. Provide such information as may be requested by the State (see Attachment B). J. Keep all information pursuant to the Minnesota Government Data Practices Act, Chapter 13 and any other applicable laws. 2. RESPONSIBILITY OF THE STATE: Upon notification to the State that the Deputy has issued a letter to the owner on record that the registration will .be suspended in thirty days, the State shall: A. Flag the motor vehicle record of an individual or company who has provided a dishonored check as payment. B. Upon notification by the Deputy that the owner has failed to make payment in the prescribed time pursuant to Section 1, Paragraph D of this agreement, the State shall send a letter notifying the owner that registration on the vehicle has been suspended C. The State will be responsible for its own acts and behavior and the results thereof. The State's liability is governed by Tort Claims Act. 3. TERMINATION OF AGREEMENT: Either party may terminate this agreement upon thirty (30) days written notice to the other party. Further, the State may terminate this agreement upon finding the Deputy in non- compliance with the terms of the agreement as set forth herein. Said termination shall be effective following a ten (10) day written notice to the Deputy describing the reasons for the termination. The termination can be avoided by the Deputy upon satisfactory proof to the State that the Deputy is in compliance with the terms of the agreement Should the Deputy's appointment be rescinded at any time by the Commissioner of Public Safety this agreement will be terminated on the effective date of the rescinded appointment. In witness whereof, the parties hereby have executed this agreement on the date and year first written above. SIGNATURES: For the State For the Deputy Pat McCormacl< Appointee Driver & Vehicle Services Director Packet Page Number 102 of 219 ATTACHMENT A MODEL POLICIES AND PROCEDURES FOR CHECK HANDLING The following procedures must be adhered to whenever accepting a check from a customer, whether it is a personal or a business check. The reasons for these requirements are to reduce bad check expenses and to comply with Legislative requirements. 1. Identification is required when accepting checks. The State requires you to record the following information about the check writer (unless the information is printed on the face of the check): Name Home or work address Home or work telephone number Driver's license number or, if not available, a MN State Identification card number Clerk's initials License Plate Number 2. Absolutely no second party checks accepted. Checks made out to an individual and the Deputy Registrar are acceptable. The individual must sign off on the back of the check. 3. Checks made out to the Deputy Registrar in excess of the fees being collected will not be cashed if the amount to be returned to the customer exceeds $20.00. If change is returned you must write on the transaction the check amount, due amount, and the balance given back to the customer. If the amount of check exceeds this $20.00 limit, the customer may submit a new check for the correct amount or request a refund be issued for the overage. If the check was written on an out of state bank, the refund application will be held for I0 days. h1 extenuating circumstances, giving change for an amount over $20.00 must receive supervisory approval. 4. No cash area is authorized to cash checks for employees or customers unless it is in conjunction with a specific business transaction. 5. All checks received must be deposited in a state depository within 24 hours. There must be no instances of check holding. 6. Checks must have a current date on them. Do not accept checks that have a date older than 30 days ago. Also, do not accept checks that are dated ahead of the current date. 7. Checks received must be pre - printed encoded checks. Do not accept "counter checks" unless bank is contacted and it is verified that the individual submitting the check is the account holder, and there are sufficient funds in the account to cover the check. (These are checks where an individual hand writes in their account number and /or their name and address). 8. Deputy Registrar personnel must reference the plate number of the motor vehicle transaction purchased with the check (if none is available, reference the applicant's full name and date of birth). Do not accept a check from a party who is unrelated to the transaction without first obtaining supervisory approval. 9. Checks received that are over $5.00 must tie back to the transaction that is being submitted (as stated in #8 above). 10. Checks remitted by Canadian companies or Canadian residents must be certified checks in U.S. funds. 11. If a customer calls asking about a check received by a Deputy Registrar for any reason, do not tell the individual to stop payment on their check. If fees were paid in excess or were unnecessary for some reason have them request a refund. Many times the check is being processed at the same time the customer is requesting a "stop payment ", causing additional time and money to collect these funds. ANY EXCEPTIONS TO THE POLICIES LISTED ABOVE MUST HAVE DEPUTY REGISTRAR'S SUPERVISORY APPROVAL. Packet Page Number 103 of 219 ATTACHMENT B DISHONORED CHECK PROCEDURE The following is the procedure for referring dishonored checks to the State for action. Step One: You must have a signed agreement with the state on file, Your office must have a procedure for accepting checks as payment. A copy of your check handling procedure must be included when you submit the NSF agreement. Step Two: If the customer does not respond to your initial collection attempts, send the State letter (found on the MV Resource Center) to the customer and provide us with the following information so we can flag the vehicle record. • Verification that the dishonored check was sent through the bank twice and that your office has attempted to collect on the dishonored check. • The check number, amount of the check, and the date the check was submitted to your office. • A brealc down of the fees: registration, transfers fees, excise tax, etc. • License plate number and vehicle description, including the vehicle identification number • Name and address of the owner /lessee on record • Name, address and contact person at the Deputy Registrar Office • A copy of the state letter mailed from your office from the MN Driver and Vehicle Services Division (DVS) advising the vehicle owner that their registration will be suspended within 30 days if the dishonored check is not cleared at your office. Submit the above items by fax 651- 282 -6061 or by mail to DVS, Deputy Section Suite 185, 445 Minnesota St, St. Paul, MN 55101 -5185: If the customer does not contact your office within 30 days to clear up the dishonored check, we will suspend the vehicle registration Step Three: Contact our office immediately, when the customer clears the dishonored check so that we can clear the file on the vehicle record. Transfer of Ownership: If the vehicle is transferred to a new owner before the dishonored check is cleared, we will clear all files and suspense letters and issue the new owner a title. We cannot hold the new owner responsible for the previous owner's debt and DVS will no longer pursue the previous owner for payment. However, your office may continue to try to collect on the debt. 4 Packet Page Number 104 of 219 OF e Driver and Vehicle Services // a te s'm 445 Minnesota Street • Saint Paul, Minnesota 55101 Date OF MI'A Name Street Address City, ST ZIP Alcohol and Gambling Enforcement RE: MdYr Make Model VIN VIN Plate: Plate ARMER/911 Program MdYr Make Model VIN Plate Bureau l Criminal WARNING: License Plate Sus ension Pendin Your Prom t Action is Re uired. p g• P 9 Apprehension Driver Dear Customer Name: and Vehicle Services Your license plates are at risk of suspension. Your financial institution did not honor the check used Homeland to pay the registration tax and /or transfer fees for the above - described vehicle. Previous requests for Security and payment have gone unanswered. Emergency Management W will suspend the license plates of the above - described vehicle if the dishonored check is not Minnesota satisfied within 30 days from the date of this letter. State Patrol Minnesota Statutes 168.17, subdivision b: The registrar may suspend the Office of Communications r o a motor vehicle i the taxes on the vehicle was b aid means o g f f p Y o f a dishonored check to a deputy registrar. The registrar may continue a suspension Office of Justice Programs under this p aragra p h until the registrar is informed b the d p g p g f Y 1� tJ' motor vehicle registrar that the dishonored check has been paid in full. Office of Traffic Safety To satisfy this debt: Contact the deputy registrar listed below immediately to avoid suspension of State Fire your license plates. The deputy registrar will assist you with the amount due, which may include Marshal and penalties related to the dishonored check. Pipeline Safety Deputy Office Name Deputy Number: Contact: Phone Number: Address City, ST ZIP Check Number: Issue Date: Check Amount: $ We will not renew the registration of this vehicle until this debt is satisfied. Please refer all questions related to this matter directly to the deputy registrar office listed above. The deputy registrar will notify us when you have satisfied this debt. Sincerely, Driver and Vehicle Services Cc: Deputy Office Name EQUAL OPPORTUNITY EMPLOYER Packet Page Number 105 of 219 Agenda Item L3 MEMORANDUM TO: City Council FROM: John Nephew, Councilmember SUBJECT: Administrative Citations DATE: July 1, 2009 for the July 13t regular council meeting SUMMARY Administrative citations are an alternative to criminal misdemeanor charges for handling issues such as code violations and, thanks to a recent change in state law, certain minor traffic offenses. If the council is interested, we could direct staff to further research this issue and report back with additional information, options and recommendations for the City of Maplewood to consider implementing an administrative citation program. Administrative citations for traffic offenses have been a bit of a hot topic in some circles in the past couple of years. Some Minnesota cities began issuing administrative citations in place of traffic tickets for minor offenses, such as speeding only a few miles per hour over the limit. There were several reasons. One factor was a concern that, because of the high cost of traffic tickets for offenders, there was a tendency among law enforcement officers to issue warnings or not enforce minor offenses because the penalty seemed disproportionate. I think some cities also saw it as a way of both reducing and better offsetting the costs of enforcement, given how few dollars from a traditional traffic ticket come back the city that writes it (and may have to shoulder the expenses of prosecuting it, paying overtime to a police officer who testifies in court if the ticket is challenged, etc.). The State Auditor offered an opinion that these citations were not permitted under the law. Some cities continued to issue them nonetheless, subscribing to a different interpretation of the law. In the past legislative session competing bills were introduced, which could have explicitly banned administrative citations for traffic offenses, or explicitly permitted them. In the end a bill became law which does permit administrative traffic citations within very specific parameters. Some cities also use administrative citations for code enforcement, again as an alternative to charging offenders with a criminal misdemeanor. As I understand it, Maplewood does not currently use administrative citations for code enforcement. Administrative citations may be another tool to help achieve compliance with city codes, more quickly and with less expense than the cost of prosecuting offenders in district court. As we face more issues related to foreclosures, vacant properties, and an increase in the number of rental properties, this may leverage the ability of our existing staff to address such problems. ADMINISTRATIVE FINES FOR TRAFFIC OFFENSES The new law goes into effect on August 1S For simplicity, I have attached a summary of the law that appeared in the June 3, 2009, LMC Cities Bulletin. Packet Page Number 106 of 219 OFFICE OF ADMINISTRATIVE HEARINGS As the LMC article explains, the law requires that a city ordinance for traffic administrative fines , 'must contain a process for a violator to appeal the citation, and the process must involve a neutral third party such as an administrative hearing officer." At the League of Minnesota Cities Annual Conference on June 24 -26, one of the exhibitors was the Office of Administrative Hearings. They had information about a project they have been developing with West Saint Paul, using their Administrative Law Judges as hearing officers for West Saint Paul's administrative citations. This program has been working with code violations, but with the new law going into effect it will be expanded to cover appeals of administrative traffic citations as well. Attached are materials I obtained from the OAH booth about their program with West Saint Paul. First is a brochure from the City of West St Paul about their administrative fines process; then two flyers from the Office of Administrative Hearings about administrative traffic citations and their services in general. REQUESTED ACTION I am submitting this item as a council presentation to share this information with the entire council and to see if there is an interest in exploring it further. If there is, we should ask staff to report back with more detailed information and recommendations. What would be the pros and cons of doing this in Maplewood? If we were to proceed, we would need to know details such as how to revise our ordinances, how to work with the OAH or otherwise meet the requirement for a hearing officer, etc. Finally, I think it is important to stress that the goal of these changes would not be to significantly increase revenue from fines (which I think is not a likely outcome), but rather to improve efficiency and effectiveness in promoting public health, welfare and safety. Packet Page Number 107 of 219 Cities given authority to issue administrative fines for some traffic violations By Anne Finn Just days after the 2009 legislative session adjourned, Gov. Pawlenty signed into law a bill that allows local units of government and the State Patrol to enforce low-level traf- fic offenses with administrative citations. Language in the new law, chapter 158, does not change authority or requirements pertaining to administrative enforcement of non-traffic ordinances. The language, which was amended onto SF 492 (Sen. Dan Skogen, DFL-Hewitt/Rep. Brita Sailer, DFL-Park Rapids), a transportation bill pertaining to mini -truck registration, represents a compromise among city, county, and law enforcement organizations. It passed on bipartisan votes of 47-17 in the Senate and 122-8 in the House. The language in the new law closely resembles the provisions in the first engrossment of FIT 1517 (Rep. Larry Hosch, DFL-St. joseph) and SF 1894 (Sen.Tar- ryl Clark, DFL-St. Cloud), legislation supported by the League. It allows local units of government and the State Patrol to issue administrative citations for a limited list of traffic offenses. Key components of the measure include the following: A local unit of government may, by ordinance, authorize its police officers to issue administrative citations. A local unit of government that implements an admin- istrative enforcement policy must use a uniform admin- istrative ticket that will be designed by the Department of Public Safety. • The ordinance must contain a process for a violator to appeal the citation, and the process must involve a neu- tral third party such as an administrative hearing officer. • The violations eligible for an administrative citation are (1) speeding less than 10 miles per hour above the posted hinit,- (2) stop line violations; and (3) equipment violations such as a cracked windshield. • The amount of the administrative fine is $60. • When a local unit of government issues the citation, two-thirds of the fine is retained by the issuing author- ity and one-third must be given to the state. • When the State Patrol issues the citation, two - thirds of the fine is retained by the state, and one-third is turned over to the local jurisdiction where the citation was issued. The new law will take effect on Aug. 1, 2009. How- ever, the Department of Public Safety has until Oct. 1, 2009, to design the uniform administrative ticket. This time gap may be problematic for cities that are already using administrative fines for traffic enforcement because beginning Aug. 1, the uniform administrative traffic ticket will be required. The League of Minnesota Cities (LMC) intends to request that the department expedite the administrative ticket design process so that it aligns with the effective date of the new law. Further, the League is in the process of preparing more detailed information about the new law to assist cities that want to use this new authority. For more information, contact Anne Finn, LMC, at afinn Cd1mc.org or (651) 281-1263. Ir Continued from page I as being least able to handle an LGA/MVHC reduction. The group supported the concept of making sure that no city is irreparably harmed by unallotment reductions and went on to suggest that the commissioner consider estab- lishing a process that would allow any city affected by unallotment reductions to appeal to the commissioner if the unallotment -,,could create an extreme fiscal hardship. The idea was not immediately rejected, but the coninus- sioner said he would have to think about whether the unal- lotment statute would permit such a process and whether the department could handle the processing of appeals. The meeting concluded with an offer by the com- missioner to meet again before the final unallotment announcement is made public in order to consider any other problems or unanticipated issues that might result. For more information, contact Gary Carlson, LMC, at gcarlson@1mc.org or (651) 281-1255. Ir June 3, 2009 LMC Cities Bulletin Page 3 Packet Page Number 108 of 219 P \Xr-. -15 -09 Packet Page Number 109 of 219 City of West St. Paul 1616 Humboldt Auenue West St, Paul, MN 551 18 651- 552 -4100 Municipal Center 651-552-4190 Fox co1f•Y o& w ES ; T. PIAU Maintaining Quality C ommuni P \Xr-. -15 -09 Packet Page Number 109 of 219 Administrative Citation Process Chart Code Violation Comphanct [ztocr is I,,ue Admiuisnattw Cites don is Issued i;fte- quired) Citation k Paid. Citation is Pai& Citation is NOT Paid, Pt(1j)CTtY OW11cT nation is Corrected o1a r i o n is N C) T Violation is NOT CONTESTS Qtatl Violation V, col 1'�Cted' C orrec t ed. if you receive a Compliance letter. 1 . Please Do Not Panic.. A Compliance Letter is a list of items that need to be corrected. Receiving a Compliance Letter is not the end of the world; it merely means your property needs some attention. A Compliance Date is the date by xhich you need to haw , e the items corrected or by which you must make other arrangements with the City. 2. Please Do Not Ignore it, Ignoring a Compliance Letter will not make the violation's) go away. Cita- tions and Property Abatement are the CiLV'P method of last resort. The City wants to work with residents to resolve their maintenance issues. Unfortunately, if an Owner is unwilling to cooperate, the City is left with few options. 3. Do Read ALL of the compliance materials. Many of your questions are aus in the compliance letter materials. 4. Do Take Responsibility and ACTION. Make arrangements and begin work early enough to complete the work on time. If needed, investigate financial resources. If you are unable to complete A LL of the required -vN ork by the Compliance Date. please call the staff person listed on the Compliance Letter for an extension to avoid further action. City staff can work with owners to resolve the violation, including, but not limited to offering reasonable extensions for courph- ance. Packet Page Number 110 of 219 'IT. dininisnat Properry OwneT ij or 0iminal Assessed S�u co i d Adininkn;iti�e N, 'itatioa or Criintual Aahuiniz�tratke Lxx ltidv (,At 1) 11caiiiii LS citatioll Issued. Citation 1 surd. L - I ' lld Received a Compliance Letter? Before issuing an Administrative Citation-, the City can issue a Compliance Letter out -lining the nature of the violation and compliance deadline. if you receive a Compliance letter. 1 . Please Do Not Panic.. A Compliance Letter is a list of items that need to be corrected. Receiving a Compliance Letter is not the end of the world; it merely means your property needs some attention. A Compliance Date is the date by xhich you need to haw , e the items corrected or by which you must make other arrangements with the City. 2. Please Do Not Ignore it, Ignoring a Compliance Letter will not make the violation's) go away. Cita- tions and Property Abatement are the CiLV'P method of last resort. The City wants to work with residents to resolve their maintenance issues. Unfortunately, if an Owner is unwilling to cooperate, the City is left with few options. 3. Do Read ALL of the compliance materials. Many of your questions are aus in the compliance letter materials. 4. Do Take Responsibility and ACTION. Make arrangements and begin work early enough to complete the work on time. If needed, investigate financial resources. If you are unable to complete A LL of the required -vN ork by the Compliance Date. please call the staff person listed on the Compliance Letter for an extension to avoid further action. City staff can work with owners to resolve the violation, including, but not limited to offering reasonable extensions for courph- ance. Packet Page Number 110 of 219 Administrative Citation Process Administrative Penalty Administrative Citation Process The City can issue~ an Administrative Citation if the vit>ia lion is not corrected by the compliance deadline listed ut the Compliance Letter. The City can also issue Administrative Citations €vithout Issuing a Comphahce letter for the following: • Repeat offenders, • License, traffic or parking, animal and noise viola- tions, and • Obstruction of fire hydrants or fire lanes. Please see the chart on page 2 and the follo 4ng list out- lining the neat steps for those who receive an Adnvinistra- live Citation: • If tie Citation is paid and the violation is ccriecte& no further action will be taken by the City =. • if the Citation is paid and the violation is not cor- rected the City can issue a second Administration Citation or a Criminal Citation. • If the Citation is not paid and the violation is NOT Corrected the property= mv°ner will be assessed for the tine and the City= can issue a second Adrnini stration Citation or a Criminal Citation. An wwrier who receives an Administrative Citation has the fbllo),ving options: I . Correct ! eet the violation and pay the fine in 30 day=s of the date the citation is mailed orpersonall} served. No additional citations will be issued. Hovvever_ the violation must be corrected Or an additional Administrative or Criminal Citation may be issued_ 2. Contest fie Citation in writing with 1 calendar days after file date the Citation was mailed or personally Sery ed: If you do not pay the fine. correct the violation. or contest flit citation: the fine will be assessed against the property or additional Administrative Or C:ripiinal vita- Lions will be issued. If the owner faits to correct the violation or pay the fine, the City tnav do ariv of the folio - wing: Assess the fine against the property Issue subsequent Adminis- trative Citations, 3. Initiate criminal proceed iitgs. or initiate otbeTenforce- inein action authorized by lain. Packet Page Number 111 of 219 Contesting Administrative C itations If you receive an Adnnnisn ati v e Citation. the City Code violation and the ('nation fine tnay be contested to be heard before an independent Hearing Officer who is not a City employee, To request a hearing, you nnust contact the Deputy City Clerk'flearing Scheduler in Writing vv chin 10 calendar days after the date the citation vvas mailed or personally served stating that you contest the alleged violations, this amount of thr penalty. orboth• Flail to: Cite of West St. Paul, Attn: Deputy Cit Clerk, 1616 Humboldt A West St. Paul, M N 5511 S. The hearing Scheduler will notify you of the elate, time, location of yocu hearing and the name cif the Flearing Officer. Allow at least one -half day for the hearing. Other cases Unay be scheduled at the satire nine as your hearing. 'Please arrive on tine to the hearings. The, Hear ma Officer nay not hear your case if you arrive late. The Hearings w ill be held at th+ Office of Adrin nistrative hearings AdninistrativeLaw Division feat) Robert Street North St. Paul, MN 55101 Maps, Inarl;rng, hearing; date, time and other information va id be included inthe, Notice of Heating Packet. At the heating, the Hearing Officer has tine a °athorit} to do anv ofthe Jollowing: I e Make a fundrne that a Violation liar OCCUoccdt L Reduce, stay sir waivo an achnanfstradve civil penalty of fine. a Require compliance with the City Cod vti ithin a cpeu - tied (rnnefranne, 4. Make a finding that no violation has occurred and dis -. puss the Adutrn tsfrabi 'e Citation, After the hearing; yOU will receive a signed Copy of Or der outlining the 1 eztring Officer's cCiaion. Il'the I leKnr- iing Officer orders an Administrative Penalty fee, it must be paid within Stn days of the I fearing; Officer's order. If tine Adnnhustrative Penalty fine is not paid„ the City ring} assess the penalty= against tine property pursuant to Minnesota Statutes Chapter 429- If the hearing office finds that no violation occurred, them the City nnay not proceed with criurnial prosecution for the same act or conduct. If the Hearing Officer Upholds the viola- Lion. you will be ordered to pay S 100 toward the cost of the hearing, if ),^Qis fail to appear at the hearing. the Adinin- istrative ('nation shall be sustained Fine Payment Information Please pay the Adnrinistrauve City Pen- alty fine by check or be cash. Payn nerst Mu;t he nnade within 10 days of the date the citation is mailed or personally served. The citation fine NN ill be as- sessed against the Property if not paid, Checks are made pa yable to the City of West St. Paul. INCLUDE A COP OF THE CITATION WITH THE PAY 1=1FNT1 Mail to City of West St. Paul, Attn: Admtn Citation, 161E Humboldt Ave., West St. Paral. Mtsl 55118 Arv, check that is returnued due to " Non suffi- cient Funds' or 1Aci)IICGtvd Funds" will he chsrteda 5til.01:a IN S1 ]ce The KS ]'at and :he check rcatnharsemcrnt iuuvi he paid it cash wr money corder within ? buStnk'h doN � Of Failure to pay will result rn additional frne.� and .'or cr nnrnal charges, More Information Fot mt±re info >rniation on the Citation or the fine issued, please contact the City Staff listed on the Citation form:. To contest the Citation or fine and r quest a leaning please contact tine Dep utv City Clerk,l fearing Scheduler in vv ruin- within 10 calendar days after the date the citation was mailed or person- all y served. Mail to: City of West St. Paul, Attn: Deputy City Clerk, 1616 Humboldt Ave_ West St. Pau], MN �S11S; For more information on the Adminis- trative Citation process, please call 65) - 552 -4141 or visit the Achrunistrative Citation page on the City ivebsite at City of West St. Paul 1 Humboldt Avenue West St. Paul, MN 551 1 8 651 - 552 -4100 Municipal Center 651 - 552 -4190 Fox Packet Page Number 112 of 219 rmm On May 21, 2009, the Governor signed into law new legislation that allows cities to issue administrative citations for many traffic violations — provided that a_local ordinance establishes a process by which a violator may appeal the citation to a neutral third party, such as an Administrative Law Judge. The new law reads: Right to contest citation. (a) A peace officer who issues an administrative citation must inform the vehicle operator that the person has the right to contest the citation. (b) Except as provided in paragraph (c), the local unit of government that employs the peace officer who issues an administrative citation must provide a civil process for a person to contest the administrative citation. The person must be allowed to challenge the citation before a neutral third party A local unit of government may employ a person to hear and rule on challenges to administrative citations or contract with another local unit of government or a private entity to provide the service See, 2009 Laws of Minnesota, Chapter 158, Section 6. To learn more about the Office of Administrative Hearings' services to local government, please contact: Raymond R. Krause Chief Administrative Law Judge Minnesota Office of Administrative Hearings Telephone: (651) 361 -7900 Email: Ray.Krause @state.mn.us Packet Page Number 113 of 219 g 4oning FnatterS Minnesota. Source: Minnesota Department of Administration, Management Analysis Division, Judicial Develvbrnent Survey (2006)} !hv use 'U gd T � • X v , A Long Track Record: OAH's ALJs have been 9 Competitive Pricing. OAH's hourly charges are conducting high - quality administrative hearings for well below the rates charged by attorneys with com- Hearty 35 years. parable experience and expertise. Experienced Judges: OAH maintains a core 0 Prompt Decisions: On average, OAH ALJs issue group of ALJs that are expert in managing adminis- decisions within 26 days after the record closes. trative hearings. 0 ALJs a re Adept at Handling " Hot Potatoes ": Public Confidence: OAH ALJs are subject to the OAH has experience in handling controversial cases. Minnesota Cade cif judicial Conduct and bring imparti- ality and independence to the hearing process. FoR F I.N . AT16N CONTACT: 0 Q uality Hearing Records: ALJs are trained to }ayrnnd Krause develop hearing records that meet the standards Chief Administrative Law -judge that are demanded by the state co Telepone . Office ot`Adniinistrati�-e Ileariulp --- P, O> Box 64620, t, Paul, AI " Telephone: Packet Page Number 114 of 219 AGENDA NO. L-4 AGENDA REPORT To: Jim Antonen, City Manager From: Bob Mittet, Finance Director Date: July 7, 2009 Re: Acceptance of Comprehensive Annual Financial Report - 2008 BACKGROUND The Comprehensive Annual Financial Report (CAFR) of the City has been completed for the year -ended December 31, 2008. The CAFR is the City's official annual report and is prepared by the Finance Department. It has been audited by the certified public accounting firm of HLB Tautges Redpath, Ltd. and their unqualified opinion on the fair presentation of the financial statements is included within the CAFR. The CAFR includes the Auditors' Report on Internal Controls, the Report on Compliance with Minnesota Legal Compliance Audit Guide for Local Government and, finally, the Communication with Those Charged with Governance. Also included in the packet is the Finance Department's written response to the audit findings, identifying the actions that have been or will be taken to resolve these findings. The City Council received the Comprehensive Annual Financial Report (CAFR) at the July 6 Workshop. The electronic version was made available on our website as well. Presentations on significant aspects of the CAFR were given to the Council by David Mol of HLB Tautges Redpath, Ltd. and Bob Mittet, Finance Director at prior meetings. RECOMMENDATION: Accept the City's Comprehensive Annual Financial Report; and approve the City's responses to the audit findings. Packet Page Number 115 of 219 Agenda Item L5 MEMORANDUM TO: City Council FROM: John Nephew, Councilmember SUBJECT: Maplewood Monthly Council Corner DATE: June 29, 2009 for the July 13 regular council meeting At our council meeting of June 22n the City Council received a petition signed by approximately 40 residents. In response to our residents' petition, 1 submit the attached resolution for the council's consideration. Also attached for reference is the petition itself. This resolution differs from what the petitioners proposed in two respects. First, as a matter of simplicity and fairness I am proposing that we suspend the monthly column for all councilmembers, whether or not we are candidates this year, for the duration of the campaign season. Second, the petitioners request that we prohibit advertising by councilmember- candidates in the city newsletter. If the newsletter sets policies about its sales of paid advertising, whatever those policies may be, I think that in fairness they should apply to everyone, regardless of whether or not a specific advertiser is or is affiliated with a current elected official. REQUESTED ACTION Approve the attached resolution, suspending the city council column in the August, September, October and November 2009 issues of Maplewood Monthly. Packet Page Number 116 of 219 Resolution Suspending Maplewood Monthly Council Columns During the 2009 Election Campaign Season WHEREAS, the year 2009 is an election year for two City Council seats and the position of Mayor in the City of Maplewood; and WHEREAS, it is the policy and practice of the City Council of the City of Maplewood to have columns in the city's newsletter, known as the Maplewood Monthly, written by individual councilmembers and the Mayor on a rotating basis; and WHEREAS, the Maplewood City Council received a petition from residents on the 22n of June, 2009, asking for a modification of said policy during the 2009 election campaign season; and WHEREAS, the Maplewood Monthly is a taxpayer - funded publication, which ought not to be used to advocate for or against political candidates; and WHEREAS, during an election campaign, councilmember columns in the city newsletter may give the appearance of use of the Maplewood Monthly for personal and political advantage, in violation of the public's trust; and WHEREAS, the practice of sitting councilmembers using the Maplewood Monthly as a means to transmit campaign material directly to voters, city -wide, at taxpayer expense, would give incumbents an unfair advantage over challengers; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood hereby directs that the Maplewood Monthly column written in rotation by the mayor and councilmembers shall be suspended for the months of August through November, 2009. Passed and adopted this 13` day of July, 2009. Mayor: Attest: City Clerk Packet Page Number 117 of 219 For The Permanent Record Meeting Date: q J P f19) Agenda Item#: We. the undersigned, petition the Maplewood City Council to make an adjustment to the practice o having the five members of the council write articles for the city newsletter, the Maplewood Monthly. Currently, council members take turns writing articles whose content has varied from issues of public concern to personal views about their own actions or about council activities. In some instances, especially in an election year, such comments can give the appearance of use of the Maplewood Monthly for personal and political advantage. The taxpayers of Maplewood pay for the publication of the Maplewood Monthly; it is a violation of their trust if and when that publication is used for one individual's political campaign. In addition, such a practice gives the five council members an unfair advantage over any other candidates for city office. Those other candidates do not have a citywide, taxpayer -paid medium for publicizing their individual campaigns. We ask specifically: 1) That the city council require that all council members who are or will be candidates for city office in a given election year not be allowed to publish any articles, statements, or advertisements the Maplewood Monthly for the duration of the campaign season, i.e., from the opening of filing for office in July through election day in November. 2) That the city council require that all council members who are not candidates for office refrain from using the Maplewood Monthly to campaign for anyone who is a candidate for office. N ME 'R � / u &5 M"LEWOOD RESIDENCE Packet Page Number 118 of 219 5. L .2, 0 3 0 K d We. the undersigned, petition the Maplewood City Council to make an adjustment to the practice o having the five members of the council write articles for the city newsletter, the Maplewood Monthly. Currently, council members take turns writing articles whose content has varied from issues of public concern to personal views about their own actions or about council activities. In some instances, especially in an election year, such comments can give the appearance of use of the Maplewood Monthly for personal and political advantage. The taxpayers of Maplewood pay for the publication of the Maplewood Monthly; it is a violation of their trust if and when that publication is used for one individual's political campaign. In addition, such a practice gives the five council members an unfair advantage over any other candidates for city office. Those other candidates do not have a citywide, taxpayer-paid medium for publicizing their individual campaigns. We ask specifically: 1) That the city council require that all council members who are or will be candidates for city office in a given election year not be allowed to publish any articles, statements, or advertisements the Maplewood Monthly for the duration of the campaign season, i.e., from the opening of filing for office in July through election day in November. 2) That the city council require that all council members who are not candidates for office refrain from using the Maplewood Monthly to campaign for anyone who is a candidate for office. 8. 9. I 3t Packet Page Number 119 of 219 We. the undersigned, petition the Maplewood City Council to make an adjustment to the practice (f having the five members of the council write articles for the city newsletter, the Maplewood Monthly. Currently, council members take turns writing articles whose content has varied from issues of public concern to personal views about their own actions or about council activities. In some instances, especially in an election year, such comments can give the appearance of use of the Maplewood Monthly for personal and political advantage. The taxpayers of Maplewood pay for the publication of the Maplewood Monthly; it is a violation of their trust if and when that publication is used for one individual's political campaign. In addition, such a practice gives the five council members an unfair advantage over any other candidates for city office. Those other candidates do not have a citywide, taxpayer-paid medium for publicizing their individual campaigns. We ask specifically: 1) That the city council require that all council members who are or will be candidates for city office in a given election year not be allowed to publish any articles, statements, or advertisements the Maplewood Monthly for the duration of the campaign season, i.e., from the opening of filing for office in July through election day in November. A /I /pj-. : 12. 13. Packet Page Number 120 of 219 2) That the city council require that all council members who are not candidates for office refrain from using the Maplewood Monthly to campaign for anyone who is a candidate for office. We. the undersigned, petition the Maplewood City Council to make an adjustment to the practice d having the five members of the council write articles for the city newsletter, the Maplewood Monthly. Currently, council members take turns writing articles whose content has varied from issues of public concern to personal views about their own actions or about council activities. In some instances, especially in an election year, such comments can give the appearance of use of the Maplewood Monthly for personal and political advantage. The taxpayers of Maplewood pay for the publication of the Maplewood Monthly; it is a violation of their trust if and when that publication is used for one individual's political campaign. In addition, such A practice gives the five council members an unfair advantage over any other candidates for city office. Those other candidates do not have a citywide, taxpayer-paid medium for publicizing their individual campaigns. We ask specifically: 1) That the city council require that all council members who are or will be candidates for city office in a given election year not be allowed to publish any articles, statements, or advertisements the Maplewood Monthly for the duration of the campaign season, i.e., from the opening of filing for office in July through election day in November. 2) That the city council require that all council members who are not candidates for office refrain from using the Maplewood Monthly to campaign for anyone who is a candidate for office. MAPLE NAME (J`Ovv� /b' 7 _WQOD RESIDENCE A-1 55 12. 13, Packet Page Number 121 of 219 We. the undersigned, petition the Maplewood City Council to make an adjustment to the practice o� having the five members of the council write articles for the city newsletter, the Maplewood Monthly. Currently, council members take turns writing articles whose content has varied from issues of public concern to personal views about their own actions or about council activities. In some instances, especially in an election year, such comments can give the appearance of use of the Maplewood Monthly for personal and political advantage. The taxpayers of Maplewood pay for the publication of the Maplewood Monthly; it is a violation of their trust if and when that publication is used for one individual's political campaign. In addition, such practice gives the five council members an unfair advantage over any other candidates for city office. Those other candidates do not have a citywide, taxpayer-paid medium for publicizing their individual campaigns. We ask specifically: 1) That the city council require that all council members who are or will be candidates for city office in a given election year not be allowed to publish any articles, statements, or advertisements the Maplewood Monthly for the duration of the campaign season, ie., from the opening of filing for office in July through election day in November. 2) That the city council require that all council members who are not candidates for office refrain from usinf! the Maplewood Monthly to campaign for anyone who is a candidate for office. NAME. (PR11,17 + rill! t' ffik 10. 12. Packet Page Number 122 of 219 9. AGENDA NO. L -6 AGENDA REPORT To: City Manager From: Finance Director Date: May 12, 2008 Re: Approval to Pay for Agent Commission for Insurance Policies BACKGROUND /SUMMARY Authorization is requested to purchase insurance agent services from Arthur J. Gallagher and Company at a cost of $14,500.00 for the period from 711109 through 6130110. The current cost is $14,500.00. This company is needed for the renewal of the city's property and liability and workers' compensation insurance coverage that is with the League of Minnesota Cities Insurance Trust. This a recurring contract. Arthur J. Gallagher was selected through a request for proposals (RFP) process in 2004. Arthur J. Gallagher responded to the RFP with a proposal calling for three years at a fee of $8,500.00 per year for each of the insurance years, July 1 through June 30, ending in 2005, 2006 and 2007. RECOMMENDATION Staff recommends Council authorization to retain Arthur J. Gallagher and Company as our insurance agent at a cost of $14,500.00 Packet Page Number 123 of 219 THIS PAGE IS INTENTIONALLY LEFT BLAND Packet Page Number 124 of 219 AGENDA NO. M -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: July 13, 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: $ 135,005.81 Checks 9 78682 thru 4 78730 dated 06112109 thru 6123109 $ 310,305.26 Disbursements via debits to checking account dated 6112109 thru 6/19109 $ 616,469.43 Checks 9 78731 thru 4 78789 dated 06126109 thru 06130109 $ 127,414.43 Disbursements via debits to checking account dated 06119/09 thru 06/26/09 $ 113,425.78 Checks 9 78790 thru 9 78827 dated 07101/09 thru 07/07/09 $ 324,82894 Disbursements via debits to checking account dated 06/26/09 thru 07/03/09 $ 1,627,449.65 Total Accounts Payable PAYROLL $ 506,708.20 Payroll Checks and Direct Deposits dated 06/26/09 $ 2,483.34 Payroll Deduction check 4 1007352 thru 9 1007353 dated 06/26/09 $ 509,191.54 Total Payroll $ 2,136,641.19 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 Packet Page Number 125 of 219 Check Register City of Maplewood 0611912009 Check Date Vendor Description Amount 78682 0611212009 00001 ONE TIME VENDOR 78683 06/1812009 04261 THE GREEN INSTITUTE 78684 06123/2009 01337 RAMSEY COUNTY -PROP REC & REV 78685 06/23/2009 01337 RAMSEY COUNTY -PROP REC & REV 06123/2009 01337 RAMSEY COUNTY -PROP REC & REV 06/23/2009 01337 RAMSEY COUNTY -PROP REC & REV 78686 06123/2009 01546 SUBURBAN SPORTSWEAR 06/23/2009 01546 SUBURBAN SPORTSWEAR 78687 06123/2009 01190 XCEL ENERGY 78688 06/23/2009 01798 YOCUM OIL CO. 06123/2009 01798 YOCUM OIL CO. 78689 06/23/2009 00504 1ST LINE /LEEWES VENTURES LLC 78690 06123/2009 04127 A E SIGN SYSTEMS, INC. 78691 06/23/2009 03964 ACCESS COMMUNICATIONS INC 78692 06123/2009 03727 ADVANCED WATERJET TECH INC 78693 06/23/2009 03958 MARKESE BENJAMIN 78694 06123/2009 01936 CHAD BERGO 78695 06/23/2009 00230 BRYAN ROCK PRODUCTS, INC. 78696 06123/2009 02679 CENTURY FENCE CO 78697 06/23/2009 04155 CIVICPLUS 78698 06123/2009 00543 GE CAPITAL 78699 06/23/2009 00644 HEALTHPARTNERS 78700 06123/2009 00809 TOMMY KONG 78701 06/23/2009 00393 DEPT OF LABOR & INDUSTRY 78702 06123/2009 04114 MEDICARE PART B 78703 06/23/2009 04007 MINNESOTA DEPT OF HEALTH 78704 06123/2009 03622 MN OFFICE OF ENTERPRISE TECH 06/23/2009 03622 MN OFFICE OF ENTERPRISE TECH 78705 06123/2009 00001 ONE TIME VENDOR 78706 06/23/2009 00001 ONE TIME VENDOR 78707 06123/2009 00001 ONE TIME VENDOR 78708 06/23/2009 00001 ONE TIME VENDOR 78709 06123/2009 00001 ONE TIME VENDOR 78710 06/23/2009 00001 ONE TIME VENDOR 78711 06123/2009 00001 ONE TIME VENDOR 78712 06/23/2009 04272 PARAGON SOLUTIONS GROUP, INC. 78713 06123/2009 00396 DEPT OF PUBLIC SAFETY 78714 06/23/2009 01345 RAMSEY COUNTY 78715 06123/2009 04221 RANDY'S MEATS & GOOD STUFF 78716 06/23/2009 04301 RECYCLING PRODUCTS 78717 06123/2009 02001 CITY OF ROSEVILLE 78718 06/23/2009 01387 DR. JAMES ROSSINI 78719 06123/2009 02468 SECOND HARVEST HEARTLAND 78720 06/23/2009 04245 SOVRAN INC. 78721 06123/2009 02274 SPRINT 78722 06/23/2009 01574 T.A. SCHIFSKY & SONS, INC 06123/2009 01574 T.A. SCHIFSKY & SONS, INC 78723 06/23/2009 04071 TERRACON CONSULTANTS, INC. 78724 06123/2009 04302 SCOTT TOMEK, MA, EMT -P 78725 06/23/2009 01654 TRUGREEN- CHEMLAWN #4635 78726 06123/2009 01665 TWIN CITY HARDWARE CO 06/23/2009 01665 TWIN CITY HARDWARE CO 78727 06123/2009 02464 US BANK 78728 06/23/2009 01750 THE WATSON CO INC 06123/2009 01750 THE WATSON CO INC 78729 06/23/2009 02586 WOODBURY MECHANICAL INC 78730 06123/2009 04138 ZEROREZ 06/23/2009 04138 ZEROREZ NEW EMPLOYEE PMT RAINBARRELS - SHARE PROG 911 DISPATCH SERVICES - MAY MULCH FOR PROJ RAINGARDENS MULCH FOR PROJ RAINGARDENS MULCH FOR PROJ RAINGARDENS DAY CAMP SHIRTS STAFF SHIRTS FOR CHILDCARE ELECTRIC & GAS UTILITY GASOLINE FUEL DIESEL FUEL MDSE FOR RESALE FIREFIGHTERS TAGS LOCATE UTILITIES REFLECTIVE SHEETING REMOVAL - REIMB FOR FITNESS SHOES 619 REIMB FOR MILEAGE & INT 5/2 - 6117 ROCK FOR GOODRICH SOFTBALL ROOM FOR LOCKED VOTING STORAGE INFO ADVANCED MODULE RICOH COPIER - JUNE CANCELLED BANQUET ROOM SECURITY OFFICER FOR LOCK -IN MONTHLY SURTAX - MAY 6563123035 REFUND TRANSMEDIC PMT MW9996 STATEWIDE HOSPITALITY FEE -SNACK WIDE AREA NETWORK -APRIL WIDE AREA NETWORK - MAY REFUND UNITED HEALTH CARE REFUND D CRAMLET MEMBERSHIP REFUND M LAWLESS MEMBERSHIP REFUND T BEAUCHAMP MEMBERSHIP REFUND F ZIERDEN TRANSMEDIC PMT REFUND K KINZER -FORD HP BENEFIT FORFEITURE PAT FLEMING CAMERAS & MOUNTING HARDWARE TRANSFER TITLES FORFEITED CASH FORFEITURE STATURE 609.5315 MDSE FOR RESALE RECYCLING BINS PUBLIC WORKS & JOINT POWERS BILLING - JUNE ADMIN FEE FOR STRESS TEST - MAY RETURN PLANNING ESCROW VEEAM BACKUP 2.0 SOFTWARE CHARGES FOR 3115 - 5/14 PROJ 07 -14 FERNDALE FINAL PMT #9 CLASS 5 FOR TRAIL AT FARM PROJ 07 -21 ENGINEERING FEES EMS TRAINING WEED CONTROL UPPER AFTON DOOR OPENER MECHANISMS FOR MCC MOTION ZONE DOOR HARDWARE MCC FUNDS FOR ATMS MDSE FOR RESALE MDSE FOR RESALE WORK ON TRUCK FILL SYS CLEANING CARPET AT PUBLIC WORKS CLEANING OF CARPET AT MCC 232.73 6,400.00 18,147.92 1,176.83 1,038.38 553.80 2,239.00 270.00 6,497.55 10,776.40 6,264.00 415.75 120.03 393.18 32.30 89.98 147.39 4,715.01 1,970.00 750.00 352.28 162.50 140.00 944.65 348.66 35.00 392.00 392.00 69.73 64.05 64.05 58.71 50.00 40.00 32.57 9,831.53 20.00 65.13 167.46 873.28 625.00 100.00 12,350.33 1,075.99 10,760.13 20,342.85 390.55 398.75 250.00 220.97 639.90 39.86 8,000.00 676.91 235.70 430.00 1,202.76 932.26 49 Checks in this report. Packet Page Number 126 of 219 Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 06/12/09 06/15/09 Mon MN State Treasurer Drivers License /Deputy Registrar(city clrk) 13,329.75 06/12/09 06/15/09 ICMA (Vantagepointe) Deferred Compensation 3,834.38 06112/09 06/15/09 Great West Deferred Compensation 24,536.00 06112/09 06/15/09 MN Dept of Natural Resources DNR electronic licenses 1,299.50 06/12/09 06/15/09 MN Dept of Natural Resources DNR electronic licenses 83.00 06115/09 06/16/09 Tues MN State Treasurer Drivers License /Deputy Registrar(city clrk) 15,160.41 06/15109 06/16/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 5,435.25 06/15109 06/16/09 PERA PERA 83,262.47 06/15/09 06/16/09 US Treasurer Federal Payroll Tax (FICA) 92,537.99 06/15/09 06/16/09 MN Dept of Revenue Fuel Tax 305.49 06116/09 06/17/09 Wed MN State Treasurer Drivers License /Deputy Registrar(city clrk) 14,876.55 06116/09 06/17/09 Labor Unions Union Dues 1,929.00 06116109 06/17/09 MN State Treasurer State Payroll Tax 19,021.39 06/16109 06/17/09 WI Dept of Revenue State Payroll Tax 1,099.39 06/17109 06/18/09 Thur MN State Treasurer Drivers License /Deputy Registrar(city clrk) 18,236.37 06118/09 06/19/09 Fri MN State Treasurer Drivers License /Deputy Registrar(city clrk) 12,085.55 06/18/09 06/19/09 ARC Administration DCRP & Flex plan payments 3,272.77 TOTAL *Detailed listing of VISA purchases is attached. 39 U,3U5.Lb Packet Page Number 127 of 219 Trans Date Posting Date Merchant Name Name Trans Amount 06105/2009 06/08/2009 PARTY CITY #768 MANDY ANZALDI $33.94 06/09/2009 06/10/2009 WAL -MART #2087 MANDY ANZALDI $118.64 06/10/2009 06/12/2009 ORIENTAL TRADING CO MANDY ANZALDI $55.90 06/18/2009 06119/2009 PARTY CITY #768 MANDY ANZALDI $259.29 06/17/2009 06/19/2009 VALLEY TROPHY LONN BAKKE $212.66 06/05/2009 06/08/2009 GOPHER BEARING COMPANY JIM BEHAN $190.79 06/08/2009 06/10/2009 A.P.I. SUPPLY INC JIM BEHAN $213.51 06/12/2009 06/15/2009 GOPHER BEARING COMPANY JIM BEHAN $15.06 06/17/2009 06/18/2009 HENRIKSEN ACE HARDWARE JIM BEHAN $69.31 06117/2009 06/18/2009 DAVANNI'S #1 RON BOURQUIN $8.02 06/17/2009 06/19/2009 MCDONALD'S F6493 RON BOURQUIN $4.79 06/16/2009 06/18/2009 INSTAWARES /SUITESUPPLY NEIL BRENEMAN $245.98 06/17/2009 0611812009 PAYPAL *JETSETBABIE NEIL BRENEMAN $95.85 06/0812009 06/09/2009 CHILI'S- MAPLEWOOD SARAH BURLINGAME $93.16 06/10/2009 06/12/2009 ADVANCED GRAPHIC SYSTEMS SARAH BURLINGAME $129.89 06/16/2009 06/17/2009 CITY BUSINESS - MINNEAPOLIS SARAH BURLINGAME $79.95 06/09/2009 06/11/2009 BROWNELLS INC DAN BUSACK $559.50 06/17/2009 06/18/2009 STRETCHERS INC DAN BUSACK $1,134.21 06/06/2009 06/08/2009 VZWRLSS *APOCC VISN HEIDI CAREY $96.66 06/09/2009 06/11/2009 PIONEER PRESS ADVERTISING HEIDI CAREY $391.82 06/04/2009 06108/2009 THE LODGE AT SUGARLAKE NICHOLAS CARVER $210.00 06/04/2009 06/08/2009 OAKDALE OPTICAL CENT SCOTT CHRISTENSON $5.00 06/08/2009 06/10/2009 VIKING ELEC- CREDIT DEPT. SCOTT CHRISTENSON $672.92 06/08/2009 06/10/2009 MINVALCO INC SCOTT CHRISTENSON $99.09 06109/2009 06/1112009 VIKING ELEC - CREDIT DEPT. SCOTT CHRISTENSON $306.51 06/10/2009 06/12/2009 THE HOME DEPOT 2801 SCOTT CHRISTENSON $38.96 06/11/2009 06/15/2009 THE HOME DEPOT 2801 SCOTT CHRISTENSON $3.12 06/11/2009 06115/2009 THE HOME DEPOT 2801 SCOTT CHRISTENSON $50.68 06/1112009 06/15/2009 THE HOME DEPOT 2801 SCOTT CHRISTENSON $2.00 06/12/2009 06/15/2009 THE HOME DEPOT 2801 SCOTT CHRISTENSON $6.30 06/17/2009 06/19/2009 VIKING ELEC - CREDIT DEPT. SCOTT CHRISTENSON $32.41 06/05/2009 06/08/2009 G & K SERVICES 006 CHARLES DEAVER $48.22 06/05/2009 06/08/2009 MENARDS 3022 CHARLES DEAVER $26.64 06109/2009 06/10/2009 BIRD HOUSE TOO CHARLES DEAVER $17.08 06/10/2009 06/12/2009 THE HOME DEPOT 2810 CHARLES DEAVER $55.45 06/12/2009 06/15/2009 MENARDS 3022 CHARLES DEAVER $20.05 06/08/2009 06110/2009 OFFICE MAX RICHARD DOBLAR $31.76 06/09/2009 06/10/2009 TARGET 00011858 RICHARD DOBLAR $26.68 06/09/2009 06/11/2009 ANCOM COMMUNICATIONS INC RICHARD DOBLAR $248.00 06/10/2009 06/11/2009 THE METAL DOCTOR INC DAVE EDSON $281.82 06108/2009 06/1012009 THE HOME DEPOT 2801 ANDREW ENGSTROM $1.26 06/04/2009 06/08/2009 MOBILE RADIO ENGINEERING LARRY FARR $14.91 06/05/2009 06/08/2009 G & K SERVICES 006 LARRY FARR $743.69 06/05/2009 06/08/2009 G & K SERVICES 006 LARRY FARR $410.94 06/05/2009 0610812009 S & T OFFICE PRODUCTS LARRY FARR $400.31 06/0512009 06/08/2009 THE TRANS COMPANY LARRY FARR $31.68 06/05/2009 06/08/2009 BARCO PRODUCTS INC LARRY FARR $1,050.50 06/08/2009 06/09/2009 SCHINDLER ELEVATOR CORP LARRY FARR $786.00 06/08/2009 06/09/2009 TARGET 00021352 LARRY FARR $3833 06/08/2009 06/09/2009 TARGET 00011858 LARRY FARR $141.36 06/08/2009 06/09/2009 MENARDS 3059 LARRY FARR $84.23 06/08/2009 06/10/2009 DAVIS LOCK & SAFE LARRY FARR $146.75 06/08/2009 06/12/2009 MENARDS 3059 LARRY FARR {$4.18} 06/08/2009 06/12/2009 MENARDS 3059 LARRY FARR {$10.66} 06/08/2009 06/12/2009 MENARDS 3059 LARRY FARR {$14.95} 06/11/2009 06/12/2009 THE TRANE COMPANY LARRY FARR $3,099.18 Packet Page Number 128 of 219 06/11/2009 06/15/2009 DAVIS LOCK & SAFE LARRY FARR $40.56 06111/2009 06/15/2009 THE HOME DEPOT 2801 LARRY FARR $42.15 06/12/2009 06/15/2009 MUSKA LIGHTING CENTER LARRY FARR $2,897.15 06/15/2009 06/16/2009 BARCO PRODUCTS INC LARRY FARR $933.90 06/16/2009 06/17/2009 TARGET 00011858 LARRY FARR $21.30 06/1612009 06/17/2009 TARGET 00006940 LARRY FARR $29.82 06/16/2009 06/17/2009 ELECTRO WATCHMAN INC LARRY FARR $652.97 06/16/2009 06/17/2009 ELECTRO WATCHMAN INC LARRY FARR $596.16 06/16/2009 06/17/2009 ELECTRO WATCHMAN INC LARRY FARR $291.28 06/16/2009 06/17/2009 ELECTRO WATCHMAN INC LARRY FARR $513.00 06/16/2009 06/18/2009 DAVIS LOCK & SAFE LARRY FARR $30.00 06/16/2009 06/18/2009 SEARS ROEBUCK 1122 LARRY FARR $55.47 06/17/2009 06/19/2009 JOHNSTONE SUPPLY LARRY FARR $558.64 06/08/2009 06/09/2009 OFFICE DEPOT #1090 KAREN FORMANEK $80.71 06/08/2009 06/10/2009 CURTIS 1000 KAREN FORMANEK $82.04 06/05/2009 06/08/2009 WWW.NEWEGG.COM MYCHAL FOWLDS $879.94 06/08/2009 06/09/2009 THE UPS STORE #2171 MYCHAL FOWLDS $13.89 06/08/2009 06/09/2009 CTO *GOTOMYPC.COM MYCHAL FOWLDS $33.90 06/12/2009 06/12/2009 PAYPAL INC MYCHAL FOWLDS $60.35 06/17/2009 06/19/2009 SAGE SPECIALTY PRODUCTS MYCHAL FOWLDS $1,193.21 06/10/2009 06/11/2009 DRI *TREND MICRO NICK FRANZEN $53.32 06/10/2009 06/12/2009 ADVANCED GRAPHIC SYSTEMS NICK FRANZEN $238.45 06/1712009 06/17/2009 HP DIRECT- PUBLICSECTOR NICK FRANZEN $87.54 06/18/2009 06/19/2009 INSIGHT *PUBLICSECTOR NICK FRANZEN $121.10 06/09/2009 06/11/2009 OFFICE DEPOT #1090 JEAN GLASS $114.98 06/15/2009 06/16/2009 OFFICE DEPOT #1090 JEAN GLASS $24102 06/14/2009 06/15/2009 VZWRLSS *APOCC VISN KAREN E GUILFOILE $102.53 06/08/2009 06/09/2009 MENARDS 3059 MARK HAAG $2.28 06/15/2009 06/17/2009 THE HOME DEPOT 2801 MILES HAMRE $20.27 06/18/2009 06/19/2009 CUB FOODS, INC. MILES HAMRE $4.79 06/10/2009 06/12/2009 THE HOME DEPOT 2801 PATRICK HEFFERNAN $65.76 06/16/2009 06/17/2009 TARGET 00006197 PATRICK HEFFERNAN $11.13 06/16/2009 06/17/2009 MENARDS 3059 PATRICK HEFFERNAN $42.34 06/12/2009 06/15/2009 THE HOME DEPOT 2801 RICK HERLUND $46.12 06105/2009 06/08/2009 HEJNY RENTAL INC GARY HINNENKAMP $259.85 06/05/2009 06/08/2009 MOGREN LANDSCAPE SUPPLY L GARY HINNENKAMP $21.62 06/05/2009 06/08/2009 OFFICE MAX RON HORWATH $15.47 06/12/2009 06/15/2009 SWIMOUTLET.COM RON HORWATH $395.10 06/1612009 06/17/2009 AMERICAN RED CROSS TWIN C RON HORWATH $151.24 06/17/2009 06/19/2009 WATER GEAR INC. RON HORWATH $82.92 06/17/2009 06/19/2009 WATER GEAR INC. RON HORWATH $86.16 06/17/2009 06/19/2009 AMERICAN RED CROS01 OF 01 RON HORWATH $42.00 06/17/2009 06/19/2009 AMERICAN RED CROS01 OF 01 RON HORWATH $91.00 06/05/2009 06/08/2009 METRO SALES INC ANN E HUTCHINSON $640.30 06/10/2009 06/11/2009 DALCO ENTERPRISES, INC DAVID JAHN $481.23 06/04/2009 06/08/2009 DOLRTREE 3150 00031500 KEVIN JOHNSON $10.68 06/18/2009 06/19/2009 HENRIKSEN ACE HARDWARE KEVIN JOHNSON $12.77 06/15/2009 06/16/2009 MOGREN LANDSCAPE SUPPLY L DON JONES $2936 06/15/2009 06/17/2009 HEJNY RENTAL INC DON JONES $55.44 06/04/2009 06/08/2009 JOANN ETC #1970 BERNARD R JUNGMANN $8.52 06/05/2009 06/08/2009 BOUND TREE MEDICAL LLC BERNARD R JUNGMANN $56.58 06/09/2009 06/11/2009 THE HOME DEPOT 2801 BERNARD R JUNGMANN $25.41 06/10/2009 06/11/2009 NAPA AUTO PARTS 3279016 BERNARD R JUNGMANN $11.29 06/12/2009 06/15/2009 S & W HEALTHCARE CORPORAT BERNARD R JUNGMANN $180.00 06/12/2009 06/15/2009 BOUND TREE MEDICAL LLC BERNARD R JUNGMANN $108.65 06/08/2009 06/09/2009 THE UPS STORE #2171 NICHOLAS KREKELER $17.01 06/15/2009 06/16/2009 THE UPS STORE #2171 NICHOLAS KREKELER $23.68 Packet Page Number 129 of 219 06/16/2009 06/18/2009 DAVIS LOCK & SAFE NICHOLAS KREKELER $69.47 06109/2009 06/10/2009 REED BUS INFO ACCT REC LISA KROLL $250.92 06/09/2009 06/10/2009 LILLIE SUBURBAN NEWSPAPE LISA KROLL $340.76 06/15/2009 06/16/2009 OFFICE DEPOT #1090 LISA KROLL $80.13 06/17/2009 06/19/2009 ADVANCED GRAPHIC SYSTEMS LISA KROLL $258.00 06/1012009 06/11/2009 MENARDS 3059 STEVEN KUMMER $105.68 06/04/2009 06/08/2009 UNIFORMS UNLIMITED INC DAVID KVAM {$427} 06/05/2009 06/08/2009 UNIFORMS UNLIMITED INC DAVID KVAM $76.50 06/10/2009 06/11/2009 ACCESSDATA CORP DAVID KVAM $5,000.00 06/10/2009 06/12/2009 UNIFORMS UNLIMITED INC DAVID KVAM $21.07 06/11/2009 06/12/2009 ABIKESTORE.COM DAVID KVAM $481.98 06/16/2009 06/18/2009 UNIFORMS UNLIMITED INC DAVID KVAM $92.00 06/05/2009 06/08/2009 METRO FIRE STEVE LUKIN $161.78 06/08/2009 06/09/2009 METRO FIRE STEVE LUKIN $700.00 06/09/2009 06/12/2009 NORTHLAND IRRIGATION INC STEVE LUKIN $122.00 06/10/2009 06/12/2009 AIRGAS NORTH CENTRAL STEVE LUKIN $3,342.17 06/10/2009 06/12/2009 AIRGAS NORTH CENTRAL STEVE LUKIN $3,423.29 06/11/2009 06/12/2009 THE UPS STORE #2171 STEVE LUKIN $10.13 06/17/2009 06/18/2009 METRO FIRE STEVE LUKIN $168.47 06/17/2009 06/18/2009 CUB FOODS, INC. STEVE LUKIN $32.15 06/17/2009 06/18/2009 ATTM *878423931NB1 STEVE LUKIN $165.72 06/16/2009 06/18/2009 ROSEMOUNT BP CITY OF MAPLEWOOD $16.92 06/1612009 06/18/2009 ROSEMOUNT BP CITY OF MAPLEWOOD $31.00 06/05/2009 06/08/2009 G & K SERVICES 006 MARK MARUSKA $38189 06/09/2009 06/10/2009 TRUGREEN CHEMLAWN MARK MARUSKA $351.45 06/11/2009 06/15/2009 ON SITE SANITATION MARK MARUSKA $946.55 06/15/2009 06/16/2009 LTG POWER EQUIPMENT MARK MARUSKA $91.45 06/12/2009 06/15/2009 VZWRLSS *APOCC VISN ROBERT MITTET $173.56 06/12/2009 06/15/2009 PIONEER PRESS SUBSCRIPTI ED NADEAU $124.54 06/09/2009 06/11/2009 THE HOME DEPOT 2801 BRYAN NAGEL $12.72 06/16/2009 06/18/2009 LAMETTRY'S COLLISION BRYAN NAGEL $290.00 06/05/2009 06/08/2009 G & K SERVICES 006 AMY NIVEN $815.15 06/05/2009 06/08/2009 G & K SERVICES 006 AMY NIVEN $260.45 06/05/2009 06/08/2009 G & K SERVICES 006 AMY NIVEN $160.33 06112/2009 06/15/2009 OFFICE DEPOT #1090 AMY NIVEN $170.68 06/10/2009 06/12/2009 OFFICE DEPOT #1090 MARY KAY PALANK $439.55 06/11/2009 06/15/2009 OFFICE DEPOT #1090 MARY KAY PALANK $16.66 06/11/2009 06/15/2009 OFFICE DEPOT #1090 MARY KAY PALANK $338.70 06/1612009 06/18/2009 OFFICE DEPOT #1090 MARY KAY PALANK $28.57 06/16/2009 06/18/2009 OFFICE DEPOT #1090 MARY KAY PALANK $17.68 06/16/2009 06/18/2009 OFFICE DEPOT #1090 MARY KAY PALANK $74.94 06/17/2009 06/19/2009 OFFICE DEPOT #1090 MARY KAY PALANK $39.58 06/05/2009 06/08/2009 MIDWAY PARTY RENTAL INC CHRISTINE PENN $182.49 06/11/2009 06/12/2009 PARTY CITY #768 CHRISTINE PENN $13.55 06/11/2009 06/15/2009 MIDWAY PARTY RENTAL INC CHRISTINE PENN {59.18} 06/13/2009 06/15/2009 BEST BUY MHT 00000109 ROBERT PETERSON $16.00 06/09/2009 06/09/2009 SUPERMEDIASTORE /DVD -RW PHILIP F POWELL $25.28 06/10/2009 06/11/2009 ABACUS PLUS SERVICES INC PHILIP F POWELL $402.45 06/15/2009 06/16/2009 CCSS INC PHILIP F POWELL $23.47 06/17/2009 06/18/2009 BATTERIES PLUS #31 PHILIP F POWELL $40.22 06/17/2009 06/18/2009 SAFARILAND LLC PHILIP F POWELL $600.09 06/04/2009 06/08/2009 KATH AUTO PARTS NSP STEVEN PRIEM $34.83 06/04/2009 06/08/2009 FACTORY MOTOR PARTS #19 STEVEN PRIEM $424.84 06/04/2009 06/08/2009 FACTORY MOTOR PARTS #19 STEVEN PRIEM $255.59 06/05/2009 06/08/2009 KATH AUTO PARTS NSP STEVEN PRIEM $228.95 06/05/2009 06/08/2009 TOUSLEY FORD 127200039 STEVEN PRIEM $352.91 06/08/2009 06/10/2009 FACTORY MOTOR PARTS #19 STEVEN PRIEM $424.84 Packet Page Number 130 of 219 06/09/2009 06/10/2009 POMPS TIRE SERVICE STEVEN PRIEM $44.57 06109/2009 06/10/2009 POMPS TIRE SERVICE STEVEN PRIEM $646.91 06/09/2009 06/11/2009 KATH AUTO PARTS NSP STEVEN PRIEM $89.42 06/09/2009 06/11/2009 TOUSLEY FORD 127200039 STEVEN PRIEM $79.19 06/10/2009 06/12/2009 KATH AUTO PARTS NSP STEVEN PRIEM $43.26 06/1012009 06/12/2009 FACTORY MTR PTS #1 STEVEN PRIEM $138.34 06/10/2009 06/12/2009 FACTORY MTR PTS #1 STEVEN PRIEM $90.17 06/11/2009 06/15/2009 KATH AUTO PARTS NSP STEVEN PRIEM {$4326} 06/11/2009 06/15/2009 GILLUND ENTERPRIZES STEVEN PRIEM $81.32 06/11/2009 06/15/2009 KATH AUTO PARTS NSP STEVEN PRIEM $150.96 06/11/2009 06/15/2009 ZARNOTH BRUSH WORKS STEVEN PRIEM $456.89 06/12/2009 06/15/2009 KATH AUTO PARTS NSP STEVEN PRIEM $27.79 06/15/2009 06/17/2009 KATH AUTO PARTS NSP STEVEN PRIEM $122.26 06/16/2009 06/18/2009 KATH AUTO PARTS NSP STEVEN PRIEM $4.47 06/17/2009 06/19/2009 KATH AUTO PARTS NSP STEVEN PRIEM $37.68 06/17/2009 06/19/2009 GOODYEAR AUTO SRV CT 6920 STEVEN PRIEM $28433 06/17/2009 06/19/2009 SPRAY CONTROL SYSTEMS STEVEN PRIEM $697.85 06/18/2009 06/19/2009 BAUER BUILT TIRE - STEVEN PRIEM $487.10 06/18/2009 06/19/2009 HENRIKSEN ACE HARDWARE STEVEN PRIEM $33.59 06/18/2009 06/19/2009 MN OCCUPATIONAL HEALTH TERRIE RAMEAUX $2,338.00 06/10/2009 06/11/2009 HILLYARD INC MINNEAPOLIS MICHAEL REILLY $1,253.99 06/17/2009 06/18/2009 HILLYARD INC MINNEAPOLIS MICHAEL REILLY $922.53 06/0912009 06/10/2009 PUMP IT UP - EDEN PRAIRIE AUDRA ROBBINS $100.00 06/15/2009 06/16/2009 TARGET 00011858 AUDRA ROBBINS $8171 06/15/2009 06/16/2009 CUB FOODS, INC. AUDRA ROBBINS $10.32 06/15/2009 06/17/2009 DAVIS LOCK & SAFE AUDRA ROBBINS $39.94 06/16/2009 06/17/2009 TARGET 00011858 AUDRA ROBBINS $25.08 06/17/2009 06/19/2009 PUMP IT UP - EDEN PRAIRIE AUDRA ROBBINS $422.78 06/08/2009 06/10/2009 THE HOME DEPOT 2801 ROBERT RUNNING $37.12 06/15/2009 06/16/2009 METRO FIRE ROBERT RUNNING $217.53 06/16/2009 06/17/2009 ABLE HOSE & RUBBER, INC ROBERT RUNNING $142.12 06/17/2009 06/18/2009 TWIN CITY SAW ROBERT RUNNING $150.02 06/17/2009 06/19/2009 MILLS FLEET FARM #27 ROBERT RUNNING $34.15 06/04/2009 06/08/2009 CARQUEST 01021104 JAMES SCHINDELDECKEI $83.84 06/04/2009 06/08/2009 THE HOME DEPOT 2801 JAMES SCHINDELDECKEI $93.72 06/05/2009 06/08/2009 OFFICE DEPOT #1090 DEB SCHMIDT $54.10 06/05/2009 06/08/2009 T- MOBILE.COM *PAYMENT DEB SCHMIDT $31.51 06/0412009 06/08/2009 CLASSIC COLLISION CENT MICHAEL SHORTREED $931.40 06/04/2009 06/08/2009 CLASSIC COLLISION CENT MICHAEL SHORTREED $90.26 06/13/2009 06/15/2009 COMCAST CABLE COMM MICHAEL SHORTREED $34.00 06/16/2009 06/17/2009 THE GRAFIX SHOPPE MICHAEL SHORTREED $170.40 06/05/2009 06/08/2009 RON'S VIRTUE PRINTI ANDREA SINDT $503.56 06116/2009 06/18/2009 COMMERCIAL POOL SPA SUPPL ANDREA SINDT $50.23 06/11/2009 06/12/2009 THE TRAVELING PHOTO BOOTH PAULINE STAPLES $500.00 06/15/2009 06/17/2009 OFFICE MAX PAULINE STAPLES $77.88 06/15/2009 06/17/2009 CVS PHARMACY #1751 Q03 PAULINE STAPLES $8.09 06/16/2009 06/18/2009 HALFPRICEBANNERS.COM PAULINE STAPLES $84.00 06/19/2009 06/19/2009 PAYPAL *SHOPPYDESIG PAULINE STAPLES $2.95 06/10/2009 06/11/2009 BATTERIES PLUS #31 SCOTT STEFFEN $14.92 06/09/2009 06/10/2009 MN RECREATION AND PARK A JAMES TAYLOR $1,848.00 06/05/2009 06/08/2009 PIONEER PRESS SUBSCRIPTI SUSAN ZWIEG $55.64 06/05/2009 06/08/2009 UNIFORMS UNLIMITED INC SUSAN ZWIEG $165.99 06/17/2009 06/18/2009 ADVANCED GRAPHIX INC SUSAN ZWIEG $53.00 06/18/2009 06/19/2009 WAL- MART #3404 SUSAN ZWIEG $13.54 TOTAL $62,893.13 Packet Page Number 131 of 219 Check Register City of Maplewood 0612612009 Check Date Vendor Description Amount 78731 78732 78733 78734 78735 78736 78737 78738 78739 78740 78741 78742 78743 78744 78745 78746 78747 78748 78749 78750 78751 78752 78753 78754 78755 78756 78757 78758 78759 78760 78761 78762 78763 78764 78765 78766 78767 78768 78769 78770 78771 78772 78773 78774 78775 78776 06/2612009 06/3012009 06/3012009 06/30/2009 06/30/2009 06130/2009 0613012009 06/3012009 0613012009 06/3012009 06/3012009 06/30/2009 06/30/2009 0613012009 06130/2009 0613012009 0613012009 06/3012009 06/30/2009 06/30/2009 06/30/2009 06130/2009 0613012009 0613012009 0613012009 06/30/2009 06/30/2009 06/30/2009 06/30/2009 0613012009 06130/2009 0613012009 06/3012009 06/30/2009 06/3012009 06/30/2009 06/30/2009 06130/2009 0613012009 06/3012009 0613012009 06/3012009 06/3012009 06/30/2009 06/30/2009 0613012009 06130/2009 0613012009 0613012009 06/3012009 06/30/2009 06/30/2009 06/30/2009 06130/2009 02464 03576 02728 02728 02728 02728 01360 03437 00174 03738 03513 00211 04305 00309 04303 00384 00384 00384 04304 04110 00543 04206 01605 04306 02995 03087 00857 02215 03714 00985 00986 04244 04307 01175 01202 00001 00001 00001 00001 00001 00001 00001 01941 01254 04308 04184 00396 01345 01345 01345 01373 01418 01418 03879 US BANK EUREKA RECYCLING KIMLEY -HORN & ASSOCIATES INC KIMLEY -HORN & ASSOCIATES INC KIMLEY -HORN & ASSOCIATES INC KIMLEY -HORN & ASSOCIATES INC REINHART FOODSERVICE ARTHUR J GALLAGHER RISK STAN BELDE BETHEL & ASSOCIATES, PA BRIAN BIERDEMAN BRAUN INTERTEC CORP. BRYANT CONSTRUCTION, INC. COMMISSIONER OF TRANSPORTATION COMPNET CONCEPTS DE LAGE LANDEN FINANCIAL SRVS DE LAGE LANDEN FINANCIAL SRVS DE LAGE LANDEN FINANCIAL SRVS FISHBUILT PRODUCTIONS GRETCHEN FLEENER GE CAPITAL H.A. KANTRUD IFP TEST SERVICES INC INSTANT WHIP- MINNEAPOLIS, INC. INTEGRATED LOSS CONTROL INC SCOTT A JACOBSON LEAGUE OF MINNESOTA CITIES JASON MARINO MELROSE NORTH PYROTECHNICS,INC METROPOLITAN COUNCIL METROPOLITAN COUNCIL NELSON AUTO CENTER NORTH EAST SOCCER ASSOCIATION CITY OF NORTH ST PAUL NYSTROM PUBLISHING CO INC ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR PATRICK TROPHIES PEPSI -COLA COMPANY PROMOTION SPECIALTIES, INC. MICHELLE PRONSATI DEPT OF PUBLIC SAFETY RAMSEY COUNTY RAMSEY COUNTY RAMSEY COUNTY AUDRA ROBBINS SAM'S CLUB DIRECT SAM'S CLUB DIRECT SANSIO FUNDS FOR ATMS RECYCLING - JUNE PROJ 08 -13 PROF SRVS THRU 5131 PROJ 08 -16 PROF SRVS THRU 5131 PROJ 04 -21 PROF SRVS THRU 5131 PROJ 07 -30 PROF SRVS THRU 5/31 MDSE FOR RESALE INSURANCE AGENT FEE 09 -10 REISSUE CK 59542 RETAINER FOR LEGAL SERVICES - JULY REISSUE CK 68159 PROJ 07 -30 PROF SRVS THRU 6112 ESCROW RELEASE 2185 ARCADE PROJ 07 -30 ENGINEERING FEES LAPTOP POWER SUPPLY COPIER LEASE COPIER LEASE LEASE ON RICOH MPC2500 ENTERTAINMENT FOR JULY 4TH FACE PAINTER FOR JULY 4TH LEASE ON RICOH MP1100 PROSECUTION & LEGAL SERVICES - PRE- EMPLOYMENT EVALUATIONS MDSE FOR RESALE CONSULTATION LABOR SAFETY REIMB FOR MILEAGE 6/15 - 6119 REGISTRATION FEE SECURITY OFFICER FOR MCC 6/27 FIREWORKS FOR JULY 4TH WASTEWATER - JULY MONTHLY SAC - MAY 2009 FORD F-550 4WD REG CAB WITH YOUTH COACHES FEES MONTHLY UTILITIES MAPLEWOOD MONTHLY /INSERTS -JUNE REFUND L THOMPSON HP BENEFIT REFUND C HOLZSCHUH UCARE BENEFIT REFUND C SELBITSCHKA CLASS REFUND L NGUYEN CLASS CANCELLED REFUND J NETTLETON BCBS BENEFIT REFUND J NORTHOUSE RATE CHANGE REFUND C ROESSLER CLASS MEDAL'S FOR SPRING SOCCER PROG MDSE FOR RESALE STYLUS PENS ZUMBA INSTRUCTOR - 5/14 - 6/25 TRANSFER TITLES OF FORFEITED BANQUET ROOM PATIO FLOWERS TAX LEVEY INFO TAX LEVEY INFO REISSUE CK 62832 MEMBERSHIP RENEWAL ADMIN FEE EMS RUNSHEET /SUBSCRIPTION - JULY 4,000.00 24,227.19 97,307.32 18,795.14 13,337.45 9,871.25 369.23 14,500.00 35.00 6,600.00 137.00 2,277.75 300.00 80.36 180.00 482.45 271.57 265.18 3,500.00 170.00 897.77 16,500.00 850.00 288.03 1,140.00 21.45 350.00 157.50 14,000.00 213,483.08 31,685.25 106,720.70 2,500.00 3,258.35 7,315.00 100.00 20.00 99.00 99.00 20.00 10.00 8.00 398.71 689.40 168.00 248.00 40.00 520.79 265.00 30.00 67.53 215.00 50.00 614.59 Packet Page Number 132 of 219 78777 78778 78779 78780 78781 78782 78783 78784 78785 78786 78787 78788 78789 0613012009 0613012009 06/3012009 06/3012009 0613012009 0613012009 0613012009 0613012009 0613012009 06/30/2009 06/30/2009 06/30/2009 06130/2009 0613012009 06/3012009 04043 01455 01463 01836 01836 01574 01574 04071 01649 02464 03682 03753 01725 01750 04276 SCHWAN FOOD CO MICHAEL SHORTREED SISTER ROSALIND GEFRE CITY OF ST PAUL CITY OF ST PAUL T.A. SCHIFSKY & SONS, INC T.A. SCHIFSKY & SONS, INC TERRACON CONSULTANTS, INC. TRI -STATE BOBCAT, INC. US BANK USA INFLATABLES VEOLIA ENVIRONMENTAL SERVICES VOLUNTEER FIREFIGHTER'S THE WATSON CO INC YOUNG REBRANDTS 59 Checks in this report. MDSE FOR RESALE REIMB FOR MEAL 6122 MCC MASSAGES - MAY STREET LIGHT REPAIRS PAYMENT FOR POSTERS VARIOUS BITUMINOUS MATERIALS VARIOUS BITUMINOUS MATERIALS PROJ 08 -10 ENGINEERING FEES EXCAVATOR RENTAL CASH DRAWER FOR JULY 4TH INFLATABLES FOR JULY 4TH TRASH PICKUP - SPRING CLEANUP FIREFIGHTER BENEFIT MDSE FOR RESALE ART CLASS INSTRUCTION 6/18 - 8/13 99.90 11.61 1,267.00 511.84 443.01 3,215.12 3,114.23 853.48 233.00 400.00 1,075.00 5,012.76 187.00 188.44 320.00 Packet Page Number 133 of 219 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 06/19/09 06/22/09 Mon MN State Treasurer Drivers License /Deputy Registrar(city clrk) 7,942.00 06119/09 06/22/09 Pitney Bowes Postage 2,985.00 06119/09 06/22/09 MN Dept of Natural Resources DNR electronic licenses 1,214.00 06/19/09 06/22/09 MN Dept of Natural Resources DNR electronic licenses 120.50 06122/09 06/23/09 Tues MN State Treasurer Drivers License /Deputy Registrar(city clrk) 11,981.14 06/23109 06/24/09 Wed MN State Treasurer Drivers License /Deputy Registrar(city clrk) 2,710.75 06/23109 06/24/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 14,250.18 06/24/09 06/25/09 Thur MN State Treasurer Drivers License /Deputy Registrar(city clrk) 11,369.62 06/24/09 06/25/09 US Bank VISA One Card* Purchasing Card Items 62,893.13 06125/09 06/26/09 Fri MN State Treasurer Drivers License /Deputy Registrar(city clrk) 11,948.11 TOTAL *Detailed listing of VISA purchases is attached. 127,414.43 Packet Page Number 134 of 219 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT 06126/09 HJELLE, ERIK 416.42 06126 /09 JUENEMANN, KATHLEEN 416.42 06/26109 NEPHEW, JOHN 416.42 06/26109 ROSSBACH, WILLIAM 416.42 06126/09 STRAUTMANIS, MARIS 75.00 06126/09 AHL. R. CHARLES 4.821.44 06/26109 ANTONEN, JAMES 5,300.00 06/26%09 BURLINGAME, SARAH 1,772.42 06126/09 CHRISTENSON, SCOTT 1,825.35 06126/09 FARR, LARRY 2542.04 06/26/09 JAHN, DAVID 1,788.37 06/26109 RAMEAUX, THERESE 2,942.50 06126/09 FORMANEK, KAREN 1,633.35 06126 /09 MITTET, ROBERT 3.572.04 06/26/09 ANDERSON, CAROLE 1,063.32 06/26109 DEBILZAN, JUDY 1,15393 06/26/09 JACKSON, MARY 2.042.95 06126/09 KELSEY, CONNIE 1494.25 06/26/09 LAYMAN, COLLEEN 2,74310 06/26109 CAREY, HEIDI 2,423.75 06126/09 GUILFOILE, KAREN 3,918.10 06126/09 KROLL, LISA 1,706.98 06/26109 NEPHEW, MICHELLE 1.441.35 06/26/09 PETERSON, JORDAN 630.00 06126/09 PETERSON, JORDAN 252.00 06126/09 SCHMIDT, DEBORAH 2,395.37 06/26%09 SPANGLER, EDNA 996.33 06/26/09 CORTESI, LUANNE 955.07 06126/09 JAGOE. CAROL L833.17 06/26/09 KELLY, LISA 1.510.47 06/26109 LARSON, MICHELLE 1,084.80 06/26/09 MECHELKE, SHERRIE 1,04591 06126/09 MOY, PAMELA 1,248.52 06126/09 OSTER, ANDREA 1,833.17 06/26109 WEAVER, KRISTINE 2,11896 06/26109 ARNOLD, AJLA L280.00 06126/09 CORCORAN, THERESA 1,828.55 06126/09 KVAM, DAVID 4.086.18 06/26109 PALANK, MARY 1,830.86 06/26%09 POW"ELL, PHILIP 2,81815 06126/09 SVENDSEN, JOANNE 2,022.59 06126/09 THOMALLA, DAVID 4,839.74 06/26/09 YOUNG, TAMELA 1,82855 06/26109 ABEL, CLINT 2,845.38 Packet Page Number 135 of 219 06!26109 ALDRIDGE, MARK 3,074.20 06126109 BAKKE, LONN 3,082.75 06126/09 BARTZ, PAUL 3,737.35 06126/09 BELDE, STANLEY 2.804.87 06/26/09 BENJAMIN, MARKESE 2,310.23 06/26/09 BIERDEMAN, BRIAN 3,136.32 06126/09 BOHL, JOHN 3,048.94 06126/09 BUSACK, DANIEL 3,036.35 06/26/09 COFFEY, KEVIN 2,79192 06/26/09 CROTTY, KERRY 3,405.59 06126/09 DEMULLING, JOSEPH 2,150.93 06/26/09 DOBLAR, RICHARD 3,473.16 06/26/09 DUGAS, MICHAEL 3,549.32 06/26/09 FRITZE, DEREK 2,600.40 06126/09 GABRIEL, ANTHONY 3,554.52 06126/09 HAWKINSON JR, TIMOTHY 2,516.16 06/26109 HER, PHENG 1,989.79 06/26/09 HIEBERT, STEVEN 3,317.87 06126/09 JOHNSON, KEVIN 4,109.26 06126/09 KALKA, THOMAS 845.88 06/26/09 KARIS, FLINT 3,344.55 06/26/09 KONG, TOMMY 2,74910 06126/09 KREKELER, NICHOLAS 910.96 06126/09 KROLL, BRETT 1693.52 06/26/09 LANGNER, TODD 2,948.20 06/26/09 LARSON, DANIEL 2,774.23 06126/09 LU, JOHNNIE 1996.16 06126/09 MARINO, JASON 2,988.72 06/26/09 MARTIN, DANIEL 2.024.75 06/26109 MARTIN, JERROLD 2,90096 06/26/09 MCCARTY, GLEN 3.078.00 06126/09 METRY, ALESLA 1693.52 06/26/09 NYE, MICHAEL 2,878.02 06/26/09 OLSON, JULIE 2,726.02 06126/09 PALMA, STEVEN 3,058.24 06126/09 RHUDE, MATTHEW 2,988.72 06/26/09 SHORTREED, MICHAEL 3,881.66 06/26/09 STEFFEN, SCOTT 3,820.68 06126/09 STEINER, JOSEPH 3,074.76 06126/09 SYPNIEWSKL WILLIAM 2,681.98 06/26/09 SZCZEPANSKI, THOMAS 2,908.01 06/26/09 TAUZELL. BRIAN 1.840.88 06126/09 IRAN, JOSEPH 3,099.42 06/26/09 WENZEL, JAY 2,811.91 06/26/09 XIONG, KAO 2,670.44 06/26/09 BERGERON, JOSEPH 3,596.49 06126/09 ERICKSON, VIRGINIA 3,007.62 06126/09 FLOR, TIMOTHY 3,650.45 06/26109 FRASER, JOHN 3,338.44 06/26/09 LANGNER, SCOTT 2,896.00 06126/09 THEISEN, PAUL 3342.80 06126/09 THIENES, PAUL 2,956.73 06/26/09 BAUMAN, ANDREW 2,263.63 Packet Page Number 136 of 219 06/26/09 DAWSON, RICHARD 2.640.34 06126109 DOLLERSCHELL, ROBERT 293.39 06/26/09 EVERSON, PAUL 3,469.97 06!26109 FOSSUM, ANDREW 2,172.25 06!26109 HALWEG, JODI 2,528.80 06126/09 JUNGMANN, BERNARD 3,279.71 06126/09 NOV AK, JEROME 903.90 06/26109 OLSON, JAMES 2,39314 06/26109 PERBIX, CHARLES 1252.27 06126/09 PETERSON. ROBERT 2,832.46 06126/09 RICHARDSON, ANDREA 2,400.76 06/26109 SEDLACEK, JEFFREY 2.607.51 06/26%09 STREFF, MICHAEL 2,53697 06126/09 SVENDSEN, RONALD 2,819.66 06126/09 GERVAIS -JR. CLARENCE 3,440.23 06/26/09 LUKIN, STEVEN 4,38797 06/26109 ZWIEG, SUSAN 2,170.15 06126/09 KNUTSON, LOIS 1,848.55 06126/09 NIV EN. AMY 1.371.42 06/26/09 PRIEFER, WILLIAM 2,633.28 06/26109 AHL, GREGORY 960.00 06/26/09 BRINK, TROY 2.590.73 06126/09 BUCKLEY, BRENT 1,859.01 06/26/09 DEBILZAN, THOMAS 2,08455 06/26109 EDGE, DOUGLAS 2,079.55 06126/09 HAMRE, MILES 1,400.00 06126/09 JONES, DONALD 2,064.55 06/26109 MEISSNER, BRENT L695.45 06/26;09 MEYER, GERALD 2,157.39 06126/09 NAGEL, BRYAN 3.229.26 06126/09 OSWALD, ERICK 1271.57 06/26%09 RUNNING, ROBERT 2,300.61 06/26/09 SEINES, SAMUEL 960.00 06126/09 TEVLIN, TODD 1078.55 06/26/09 BURLINGAME, NATHAN 1,846.95 06/26109 DUC IARME. JOHN 2,634.06 06/26/09 EATON, MEGAN 1,02050 06126/09 ENGSTROM. ANDREW 2.170.16 06126/09 JACOBSON, SCOTT 1674.87 06/26109 JAROSCH, JONATHAN 2,555.80 06/26109 KREGER, JASON L937.35 06126/09 KUMMER, STEVEN 1890.95 06126/09 LINDBLOM, RANDAL 2,927.25 06/26109 LOVE, STEVEN 2,807.75 06/26%09 O'CONNOR, DONOVAN 1,040.00 06126/09 THOMPSON, MICHAEL 3,480.58 06126/09 ZIEMAN, SCOTT 1,042.80 06/26/09 EDSON, DAVID 2,107.76 06/26109 GUNDERSON, ANDREW 880.00 06126/09 HINNENKAMP, GARY 2,076.58 06126/09 MARUSKA, MARK 3,090.00 06/26/09 NAUGHTON. JOHN 2.064.55 06/26109 NORDQUIST, RICHARD 2,066.86 Packet Page Number 137 of 219 06/26/09 NOVAK. MICHAEL 601.21 06126109 SCHINDELDECKER, JAMES 1069.17 06/26/09 BIESANZ.OAKLEY L476.59 06!26109 DEAVER, CHARLES 631.68 06!26109 GERNES, CAROLE 244.00 06126/09 HAYMAN, JANET 1.121.85 06126/09 HUTCHINSON, ANN 1051.76 06/26109 SOUTTER, CHRISTINE 400.31 06/26109 WACHAL, KAREN 791.68 06126/09 BERM, LOIS 67.50 06126/09 FINWALL, SHANN 2,989.35 06/26109 FRY, PATRICIA L898.06 06/26%09 GAYNOR, VIRGINIA 2,82797 06126/09 HALL, KATHLEEN 72.00 06126/09 KONEWKO, DUWAYNE 4,162.50 06/26/09 SINDT, ANDREA 1,977.35 06/26109 THOMPSON, DEBRA 731.42 06126/09 EKSTRAND, THOMAS 3,707.78 06126/09 MARTIN, MICHAEL 2,344.55 06/26/09 BRASH. JASON 1.85095 06/26109 CARVER, NICHOLAS 3,118.02 06/26/09 FISHER, DAVID 3,687.08 06126/09 RICE, MICHAEL 1486.15 06/26/09 SWAN, DAVID 2,559.75 06/26109 WELLENS, MOLLY L567.05 06126/09 BERGER, STEPHANIE 103.50 06126/09 WORK, ALICLA 474.06 06/26109 WORK, BRANDON 525.25 06/26/09 COLEMAN, JOHN 396.00 06126/09 JANASZAK, MEGHAN 521.25 06126/09 KOHLMAN, JENNIFER 36.00 06/26%09 ROBBINS, AUDRA 2,513.20 06/26/09 ROBBINS, CAMDEN 148.63 06126/09 ROBBINS, EMERALD 289.88 06/26/09 RYCHLICKI. NICHOLE 232.00 06/26109 SCHALLER, SCOTT 168.00 06/26/09 SHERRILL, CAITLIN 488.64 06126/09 STAPLES, PAULINE 3.309.18 06126/09 TAUBMAN, DOUGLAS 3,208.66 06/26109 TAYLOR, JAMES 2,170.42 06/26109 ADAMS, DAVID 1,626.16 06126/09 GERMAIN, DAVID 1073.79 06126/09 HAAG, MARK 2.064.55 06/26109 NADEAU, EDWARD 3,485.52 06/26%09 SCHULTZ, SCOTT 2,632.80 06126 /09 ANZALDI, MALADY 1,782.18 06126/09 BERGLUND, DANIEL 255.00 06/26/09 BRENEMAN, NEIL 1,793.02 06/26109 CRAWFORD - JR, RAYMOND 786.00 06126/09 DICKS, JOHN 96.00 06126/09 EVANS, CHRISTINE 1.178.42 06/26/09 FABIO- SHANLEY, MICHAEL 217.10 06/26109 GADOW, ANNA 484.04 Packet Page Number 138 of 219 06/26/09 GLASS, JEAN 2.041.87 06126109 HANSEN, LORI 1692.83 06/26/09 HER, CHONG 510.00 06!26109 HER. PETER 262.70 06!26109 HOFMEISTER, MARY 95397 06126/09 HOFMEISTER, TIMOTHY 224.00 06126/09 OLSON, ERICA 423.50 06/26109 OLSON, SANDRA 150.00 06/26109 PELOQUIN, PENZN 503.04 06126/09 PENN, CHRISTINE 1,540.00 06126/09 SCHOENECKER, LEIGH 621.00 06/26/09 VANG. KAY 188.00 06/26%09 VANG, TIM 120.00 06126/09 ZIELINSKI, JUDY 240.63 06126 /09 AICHELE, MEGAN 159.38 06/26/09 AMUNDSON, DANIKA 119.63 06/26109 ANDERSON, JOSHUA 273.15 06126/09 ANDERSON, JUSTIN 298.20 06126/09 BAUDE, SARAH 106.50 06/26/09 BEITLER, JULIE 54.00 06/26109 BENJAMIN, AYLA 289.89 06/26/09 BRUSOE, AMY 157.53 06126/09 BRUSOE, CRISTINA 496.45 06/26/09 BUCHMAYER, NICOLLET 402.05 06/26109 BUCKLEY, BRITTANY 364.93 06126/09 CAMPBELL, JESSICA 108.00 06126/09 DEMPSEY, BETH 147.00 06/26109 DUNN, RYAN 1.022.46 06/26/09 ERICKSON - CLARK, CAROL 95.00 06126/09 FIERRO WESTBERG, MELINDA 430.50 06126/09 FLACKEY, MAUREEN 88.13 06/26%09 GIEL, NICOLE 136.00 06/26/09 GRUENHAGEN, LINDA 251.50 06126/09 HANSEN, HANNAH 45.00 06/26/09 HOLMBERG, LADONNA 374.00 06/26109 HORWATH, RONALD 2,513.20 06/26/09 IRISH, PETER 170.21 06126/09 JOHNSON, JAMES 200.00 06126/09 JOSSART, ANGELA 68.00 06/26109 JOYER, JENNA 164.48 06/26109 KOGLER, RYAN 108.25 06126/09 KOHLER, ROCHELLE 34.00 06126/09 KRONHOLM, KATHRYN 909.79 06/26109 KURZHAL, ALISON 55.46 06/26%09 LAMEYER, ZACHARY 114.75 06126/09 MANZELLA, TERESA 34.00 06126/09 MATESKI, WAYNE 150.00 06/26/09 MATHEWS, LEAH 42814 06/26109 MCCANN. NATALIE 72.00 06126/09 MCCARTHY, ERICA 45.00 06126/09 METCALF, JOLENE 31.25 06/26!09 NADEAU, KELLY 140.63 06/26109 OBRIEN, JULIE 100.00 Packet Page Number 139 of 219 Packet Page Number 140 of 219 06!26!09 PROESCH. ANDY 497.70 06126109 RENFORD, NATHAN 157.70 06/26/09 RHODY, DIANE 565.00 06!26109 RICHTER, DANIEL 108.00 06!26109 RICHTER, NANCY 1,000.75 06126/09 RONNING, ISAIAH 51.45 06126/09 SCHAEFER, NATALIE 225.68 06/26109 SCHREIER, ROSEMARIE 159.75 06/26109 SCHREINER, MICHELLE 256.38 06126/09 SCHUNEMAN, GREGORY 341.46 06126/09 SJERVEN BRENDA 170.00 06/26109 SKAAR, SAMANTHA 52.25 06/26%09 SMITH, ANN 118.20 06126/09 SMFFLEY, SHARON 150.90 06126/09 TUPY, ELI.ANA 102.00 06/26/09 TUPY, HEIDE 222.00 06/26109 TUPY, MARCUS 299.65 06126 /09 WARNER, CAROLYN 362.60 06126/09 WEEVER, NAOMI 18.13 06/26/09 WINEGAR, JILL 37.30 06/26109 WOLFGRAM, MARY 68816 06/26/09 WOLFGRAM, TERESA 200.43 06126 /09 WOODMAN, ALICE 115.00 06/26/09 YOUNCE, BLAISE 30.81 06/26109 ZALK, DAVID 21.75 06126/09 BOSLEY, CAROL 387.45 06126/09 HOLMGREN, STEPHANIE 102.00 06/26109 LANGER, CHELSEA 203.50 06/26/09 LANGER, KAYLYN 197.00 06126/09 SATTLER, MELINDA 32.00 06126/09 SAVAGE, KAREN 185.25 06/26%09 ZAGER, LINNEA 336.76 06/26/09 BEHAN. JAMES 1.997.53 06126/09 CURRAN, JAMES 360.00 06/26/09 DOUGLASS, TOM 1,301.56 06/26109 LONETTI, JAMES 468.00 06/26/09 MALONEY, SHAUNA 140.00 06126/09 PATTERSON, ALBERT 1,829.76 06126/09 PRINS, KELLY 1,279.50 06/26109 REILLY, MICHAEL 1,861.35 06/26109 SCHOENECKER, KYLE 182.00 06126 /09 VALERIO, TARA 275.50 06126/09 AICHELE, CRAIG 2.133.83 06/26109 PRIEM, STEVEN 2322.15 06/26%09 WOEHRLE, MATTHEW 2,136.68 06126/09 BERGO, CHAD 2,574.18 06126/09 FOWLDS, MYCHAL 3.085.88 06/26/09 FRANZEN, NICHOLAS 2,425.80 1007309 06/26109 LONGRIE, DIANA 473.15 1007310 06126/09 STEFFEN, LAINIE 317.25 1007311 06126/09 TAUBMAN, KEVIN 180.00 1007312 06/26/09 THOMFORDE. FAITH 90.00 1007313 06/26109 WELCHLIN, CABOT 2,881.88 Packet Page Number 140 of 219 1007314 06/26/09 REZNY. BRADLEY 2.151.29 1007315 06126109 DELPERDANG, CHRISTOPHER 710.00 1007316 06/26/09 SHEPARD, JONATHAN 710.00 1007317 06!26109 DVORAK, ADAM 929.50 1007318 06!26109 OLSON, SCOTT 1,014.00 1007319 06126/09 PURL, MATTHEW 960.00 1007320 06126/09 FARLEY, JAMIE 311.75 1007321 06/26109 GEBHARD, MADELINE 756.00 1007322 06/26109 GRAVES, CONNIE 8.00 1007323 06126/09 MALLET, AMANDA 240.00 1007324 06126/09 MARTIN, ARIELLE 172.50 1007325 06/26109 MUELLNER, CHADD 247.50 1007326 06/26%09 NG, VANICK 162.75 1007327 06126/09 SIMPSON, JOSEPH 70.13 1007328 06126/09 VUE, FOR PAO 238.00 1007329 06/26/09 BRENEMAN, SEAN 28257 1007330 06/26109 CHASTAN, ADAM 135.98 1007331 06126/09 CRANDALL, KRISTA 50.38 1007332 06126/09 HALL, HOLLY 286.00 1007333 06/26/09 HANSON, MATTHEW 198.00 1007334 06/26109 MCCORMACK, 5696 1007335 06/26/09 MCLAURIN, CHRISTOPHER 464.51 1007336 06126 /09 NWANOKWALE, EMMA 15.50 1007337 06/26/09 NWANOKWALE, MORDY 353.00 1007338 06/26109 PIEPER. THEODORE 25.00 1007339 06126/09 ROGNESS, TRYGGVE 63.00 1007340 06126/09 ROSTRON, ROBERT 430.32 1007341 06/26109 RYDEEN, ARIEL 132.87 1007342 06/26/09 SCHAEFER, JAMES 104.43 1007343 06126/09 SCHMIDT, EMILY 276.50 1007344 06126/09 SCHMIDT, JOHN 251.26 1007345 06/26%09 WALKER, TYLER 16.31 1007346 06/26/09 DANIEL, BREANNA 240.26 1007347 06126/09 HER, KIM 32.75 1007348 06/26/09 HER, MARINA 90.00 1007349 06/26109 BOWMAN. MATTHEW 176.40 1007350 06/26/09 SCHULZE, KEVIN 516.00 1007351 06126/09 STEFFEN, MICHAEL 21.00 506,708.20 Packet Page Number 141 of 219 Check Register City of Maplewood 0710212009 Check Date Vendor Description Amount 78790 78791 78792 78793 78794 78795 78796 78797 78798 78799 78800 78801 78802 78803 78804 78805 78806 78807 78808 78809 78810 78811 78812 78813 78814 78815 78816 78817 78818 78819 78820 78821 0710112009 0710712009 0710712009 07/07/2009 07/07/2009 07107/2009 07107/2009 07107/2009 07/07/2009 07/07/2009 07/07/2009 07/07/2009 07/07/2009 07107/2009 07/07/2009 07/07/2009 0710712009 07/07/2009 07/07/2009 07/07/2009 07/07/2009 07/07/2009 07107/2009 0710712009 07107/2009 07/07/2009 07/07/2009 07/07/2009 07/07/2009 07107/2009 07107/2009 07107/2009 07107/2009 07/07/2009 07/07/2009 07/07/2009 07/07/2009 07107/2009 07107/2009 07107/2009 07/07/2009 07/07/2009 07/07/2009 07/07/2009 07/07/2009 07107/2009 07/07/2009 07/07/2009 0710712009 07/07/2009 07/07/2009 07/07/2009 07/07/2009 07/07/2009 00721 00131 02607 01337 01190 01190 01190 01190 01190 01190 01190 03860 03513 00272 03310 00384 04309 04137 00003 03516 00561 04115 04310 03930 02300 03903 00001 00001 00001 00001 00001 04221 04221 01387 01409 01409 01409 01409 01409 01409 01409 01409 01418 01418 01418 01418 01418 01418 01418 01418 01418 00198 01836 01550 INDEPENDENT SPORTS NETWORK ASPEN EQUIPMENT CO KINNICKINNIC NATIVES LLC RAMSEY COUNTY -PROP REC & REV XCELENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY ABSOLUTE ATM BRIAN BIERDEMAN NICHOLAS CARVER CDW GOVERNMENT INC DE LAGE LANDEN FINANCIAL SRVS MEGAN EATON THE EDGE MARTIAL ARTS ESCROW REFUND ANTHONY GABRIEL GENERAL REPAIR SERVICE K HOVNANIAN T &C HOMES @ MN LLC MCFOA RAMSEY- WASHINGTON METRO OAKDALE LOCKSMITHS OFFICE OF SECRETARY OF STATE ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR RANDY'S MEATS & GOOD STUFF RANDY'S MEATS & GOOD STUFF DR. JAMES ROSSINI S.E.H. S.E.H. S.E.H. S.E.H. S.E.H. S.E.H. S.E.H. S.E.H. SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT ST PAUL REGIONAL WATER SRVS CITY OF ST PAUL SUMMIT INSPECTIONS Adult Softball Umpire Bill 5126 -6/14 STAINLESS STEEL DUMP BODY WITH PLANTS FOR RAINGARDENS NATIVE PLANTS & MULCH FOR ELECTRIC UTILITY METERED SPEED SIGN GAS UTILITIES ELECTRIC UTILITY ENERGY ASSESSMENT ENERGY ASSESSMENT ELECTRIC & GAS UTILITY ATM RECEIPT PAPER K -9 MAINTENANCE - JULY REIMS FOR ENERGY SEMINAR SWITCH FOR CITY HALL IDF CABINET COPIER LEASE REIMB FOR MILEAGE 6/15 - 6126 KARATE INSTRUCTION ESCROW RELEASE 2684 VANDYKE ST N K -9 MAINTENANCE - JULY PARTS TO REBUILD WATER PUMP ESCROW RELEASE 0 CO RD D MEMBERSHIP DUES DONATION WATERFEST EVENT KEYS GOODRICH ELECTRICAL BOX NOTARY COMMISSION FEE REFUND B LUND SWIM LESSONS REFUND L THOMPSON HP BENEFIT REFUND WESTURN ROOFING BL -09- REFUND HAWAIIAN TREASURES REFUND C HOLZSCHUH UCARE BENEFIT MDSE FOR RESALE MDSE FOR RESALE ADMIN FEE FOR STRESS TEST - JUNE PROJ 07 -19 ENGINEERING FEES PROJ 04 -21 ENGINEERING FEES ENGINEERING FEES ENGINEERING FEES PROJ 06 -02 ENGINEERING FEES PROJ 08 -09 ENGINEERING FEES PROJ 05 -18 ENGINEERING FEES PROJ 07 -27 ENGINEERING FEES GYM /CAMP SUPPLIES MDSE FOR RESALE FANS -MCC, RERIG- COUNCIL, SUPPLIES CARVER GYM SUPPLIES B -DRY PROG SUPPLIES B -DAY PROG SUPPLIES DAYCAMP /B -DAY PROG SUPPLIES B -DAY PROG SUPPLIES REIMB SAM'S CLUB CHARGES WATER UTILITIES RECORD MGMT SOFTWARE FEES - JULY ELECTRICAL INSPECTIONS - JUNE 3,198.00 28,833.41 178.50 110.76 53.80 11.45 3,269.73 1,076.65 300.00 300.00 224.77 10.70 35.00 15.00 6,071.69 286.79 39.05 989.00 750.00 35.00 3,017.34 20,990.00 35.00 500.00 5.70 80.00 100.00 100.00 92.50 75.00 20.00 202.90 124.20 100.00 5,379.22 3,323.56 2,486.39 894.44 348.18 340.35 318.06 248.68 471.43 441.62 437.16 98.00 41.32 35.54 23.18 16.64 15.92 9,424.78 3,798.00 2,224.00 Packet Page Number 142 of 219 78822 0710712009 02705 DAVE SWAN REIMS FOR ENERGY SEMINAR 15.00 78823 0710712009 01578 T R F SUPPLY CO. POPOUT SHOP RAGS 102.24 78824 07/0712009 01574 T.A. SCHIFSKY & SONS, INC PROJ 07 -26 LANDSCAPING 4,197.00 07/0712009 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS 2,828.56 0710712009 01574 T.A. SCHIFSKY & SONS, INC PROJ 06 -16 INSTALL FENCE 2,479.00 07/07/2009 01574 T.A. SCHIFSKY & SONS, INC BASE MATERIAL 750.82 78825 07/0712009 03598 PAUL THEISEN REIMB FOR TUITION & BOOKS 111 - 5118 1,176.75 78826 0710712009 01674 USPCA CANINE RECERTIFICATION 100.00 78827 0710712009 02586 WOODBURY MECHANICAL INC REPAIR WATER PIPE STATION 3 178.00 38 Checks in this report. 113.425.78 Packet Page Number 143 of 219 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 06126/09 06/29/09 Mon MN State Treasurer Drivers License /Deputy Registrar(city clrk) 12,111.93 06126/09 06/29/09 MN Dept of Natural Resources DNR electronic licenses 1,541.50 06126/09 06/29/09 MN Dept of Natural Resources DNR electronic licenses 30.00 06/26/09 06/29/09 ICMA (Vantagepointe) Deferred Compensation 3,834.38 06129/09 06/30/09 Tues MN State Treasurer Drivers License /Deputy Registrar(city clrk) 21,903.04 06/29109 06/30/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 4,462.43 06/29109 06/30/09 US Treasurer Federal Payroll Tax (FICA) 95,260.68 06/29/09 06/30/09 PERA PERA 82,530.93 06/30/09 07/01/09 Wed MN State Treasurer Drivers License /Deputy Registrar(city clrk) 21,219.02 06130/09 07/01/09 Labor Unions Union Dues 6,082.94 06130/09 07/01/09 MN State Treasurer State Payroll Tax 19,465.24 06130109 07/01/09 WI Dept of Revenue State Payroll Tax 1,107.87 07/01109 07/02/09 Thur MN State Treasurer Drivers License /Deputy Registrar(city clrk) 31,163.48 07101109 07/02/09 US Bank VISA One Card Credit Card Billing Fee 1,339.59 07102/09 07/03/09 Fri MN State Treasurer Drivers License /Deputy Registrar(city clrk) 21,195.66 07/02/09 07/03/09 ARC Administration DCRP & Flex plan payments 1,580.25 TOTAL *Detailed listing of VISA purchases is attached. s�4,u�u.y4 Packet Page Number 144 of 219 Trans Date Posting Date Merchant Name Name Trans Amount 06/20/2009 06/22/2009 CUB FOODS, INC. MANDY ANZALDI $1.59 06/24/2009 06/2512009 CUB FOODS, INC. MANDY ANZALDI $17.81 06/25/2009 06/2912009 MICHAELS #2744 MANDY ANZALDI $30.75 06/20/2009 06/22/2009 POOLSIDE JIM BEHAN $524.09 06/22/2009 06/24/2009 VIKING AUTOMATIC SPRINKLE JIM BEHAN $328.00 06/23/2009 06/24/2009 AQUA LOGICS INC JIM BEHAN $696.96 06/23/2009 06/24/2009 AQUA LOGICS INC JIM BEHAN $313.86 06/23/2009 06/25/2009 THE HOME DEPOT 2801 JIM BEHAN $75.01 06/24/2009 06/25/2009 GOPHER BEARING COMPANY JIM BEHAN $32.93 06/29/2009 06/30/2009 EXTRACTOR CORPORATI JIM BEHAN $552.00 06/30/2009 07/0112009 MUSKA LIGHTING CENTER JIM BEHAN $627.88 06/18/2009 06/22/2009 HOLIDAY INN CIVIC CENTER JOSEPH BERGERON $230.96 06/26/2009 06/29/2009 WWW.ASKNET- SHOPS.COM CHAD BERGO $28.90 06/27/2009 06/29/2009 TWIN CITIES REPTILES OAKLEY BIESANZ $4.40 06/18/2009 06/22/2009 MCDONALD'S F6493 RON BOURQUIN $4.79 06/24/2009 06/26/2009 MCDONALD'S F6493 RON BOURQUIN $4.79 06/30/2009 07/02/2009 STOCK TIRE 00098848 RON BOURQUIN $74.37 06/1912009 06/2212009 S &S WORLDWIDE NEIL BRENEMAN $137.52 06/19/2009 06/22/2009 CUB FOODS, INC. NEIL BRENEMAN $1.99 06/22/2009 06/23/2009 HENRIKSEN ACE HARDWARE NEIL BRENEMAN $3.19 06/22/2009 06/23/2009 GLOW STICK FACTORY NEIL BRENEMAN $48.81 06/23/2009 06/24/2009 PRICE CHOPPER INC NEIL BRENEMAN $1,258.19 06/23/2009 06/24/2009 PETSMART INC 461 NEIL BRENEMAN $25.60 06/26/2009 06/29/2009 CUB FOODS, INC. NEIL BRENEMAN $3.98 06/30/2009 07/01/2009 PRICE CHOPPER INC NEIL BRENEMAN $98.76 06/3012009 07/0212009 PIER 1 00003194 NEIL BRENEMAN $111.43 07/01/2009 07/0212009 ARAMARK MINNEAPOLIS OCS NEIL BRENEMAN $638.89 06/18/2009 06/22/2009 OXYGEN SERVICE CO INC TROY BRINK $54.08 06/22/2009 06/24/2009 THE OLIVE GARD00012005 SARAH BURLINGAME $90.20 07/01/2009 07/02/2009 GE CAPITAL SARAH BURLINGAME $43.77 06/22/2009 06/24/2009 BROWNELLS INC DAN BUSACK $138.08 06/22/2009 06/23/2009 DIS *RADIO DISNEY -KDIZ HEIDI CAREY $2,700.00 06/29/2009 07/01/2009 TIGER OAKS PUBLICATION HEIDI CAREY $650.00 06/19/2009 06/2212009 THE HOME DEPOT 2801 SCOTT CHRISTENSON $23.21 06/22/2009 06/2412009 VIKING ELEC- CREDIT DEPT. SCOTT CHRISTENSON {$84.66} 06/22/2009 06/24/2009 VIKING ELEC - CREDIT DEPT. SCOTT CHRISTENSON {$423.41} 06/22/2009 06/24/2009 STATE SUPPLY COMPANY SCOTT CHRISTENSON $201.34 06/23/2009 06/24/2009 DEY APPLIANCE A SCOTT CHRISTENSON $12.33 06/24/2009 06/26/2009 VIKING ELEC - CREDIT DEPT. SCOTT CHRISTENSON $190.98 06/29/2009 07/01/2009 VIKING ELEC- CREDIT DEPT. SCOTT CHRISTENSON $213.50 06/29/2009 07/01/2009 VIKING ELEC - CREDIT DEPT. SCOTT CHRISTENSON $278.66 06/30/2009 07/02/2009 CVS PHARMACY #1751 Q03 SCOTT CHRISTENSON $9.04 07/01/2009 07/0312009 VIKING ELEC- CREDIT DEPT. SCOTT CHRISTENSON $194.93 06/22/2009 06/23/2009 NAT ASSO OF TOWN WATCH KERRY CROTTY $2,166.15 06/26/2009 06/29/2009 UNIFORMS UNLIMITED INC KERRY CROTTY $16.01 06/25/2009 06/29/2009 THE HOME DEPOT 2810 CHARLES DEAVER $6.37 06/27/2009 06/29/2009 KNOW LAN'S MARKET #2 CHARLES DEAVER $2.12 07/01/2009 07/03/2009 FRATTALLONES WOODBURY ACE CHARLES DEAVER $4.26 06/26/2009 06/29/2009 SYX *TIGERDIRECT.COM RICHARD DOBLAR $115.34 06/29/2009 06/3012009 CDW GOVERNMENT RICHARD DOBLAR $136.82 06/19/2009 06/2212009 NAPA AUTO PARTS 3279016 DAVE EDSON $24.94 Packet Page Number 145 of 219 07/01/2009 07/0212009 PANERA BREAD #1305 THOMAS G EKSTRAND $503.45 07/01/2009 07/0212009 PANERA BREAD #1305 THOMAS G EKSTRAND $38.86 06/16/2009 06/22/2009 MOBILE RADIO ENGINEERING LARRY FARR $81.00 06/18/2009 06/22/2009 THE HOME DEPOT 2801 LARRY FARR $95.62 06/27/2009 06/29/2009 THE TRANE COMPANY LARRY FARR $409.50 06/30/2009 07/01/2009 TARGET 00011858 LARRY FARR $26.68 06/30/2009 07/01/2009 TARGET 00011858 LARRY FARR $28.21 06/30/2009 07/01/2009 TRUGREEN CHEMLAWN LARRY FARR $865.74 06/23/2009 06/2412009 CUB FOODS, INC. SHANN FINWALL $33.94 06/23/2009 06/2412009 FEDEX KINKO'S #0617 SHANK FINWALL $25.58 06/25/2009 06/29/2009 OFFICE MAX KAREN FORMANEK $583.28 06/28/2009 06/29/2009 FEDEX 865644983841 KAREN FORMANEK $40.60 06/21/2009 06/22/2009 COMCAST CABLE COMM MYCHAL FOWLDS $54.00 07/01/2009 07/03/2009 VERIPIC MYCHAL FOWLDS $4,433.20 06/19/2009 06/22/2009 CDW GOVERNMENT NICK FRANZEN $3,664.49 06/19/2009 06/22/2009 INSIGHT *PUBLICSECTOR NICK FRANZEN $26.99 06/1912009 06/2412009 SHI INTERNATIONAL CORP NICK FRANZEN $536.77 06/23/2009 06/26/2009 SHI INTERNATIONAL CORP NICK FRANZEN $2,612.45 06/23/2009 06/26/2009 SHI INTERNATIONAL CORP NICK FRANZEN $85.20 06/23/2009 06/26/2009 SHI INTERNATIONAL CORP NICK FRANZEN $178.93 06/24/2009 06/25/2009 INSIGHT *PUBLICSECTOR NICK FRANZEN $16.12 06/25/2009 06/26/2009 INSIGHT *PUBLICSECTOR NICK FRANZEN $82.73 06/30/2009 06/3012009 HP DIRECT- PUBLICSECTOR NICK FRANZEN $1,090.59 07/01/2009 07/01/2009 HP DIRECT- PUBLICSECTOR NICK FRANZEN $661.18 07/0212009 07/0312009 HP DIRECT - PUBLICSECTOR NICK FRANZEN $1,092.50 07/0212009 07/0312009 INSIGHT *PUBLICSECTOR NICK FRANZEN $882.28 06/18/2009 06/22/2009 LINDERS FLOWER MART VIRGINIA GAYNOR $38.39 06/30/2009 07/02/2009 LINDERS FLOWER MART VIRGINIA GAYNOR $26.68 07/01/2009 07/02/2009 HIRSHFIELDS ST PAUL CSC DAVID GERMAIN $100.65 06/24/2009 06/25/2009 PETCO 603 63506034 CAROLE GERNES $5.33 06/23/2009 06/25/2009 CENTURY COLLEGE -BO CLARENCE GERVAIS $375.00 06/25/2009 06/26/2009 NFPA NATL FIRE PROTECT CLARENCE GERVAIS $150.00 06/23/2009 06/2512009 OFFICE DEPOT #1090 JEAN GLASS ($20.40) 06/23/2009 06/25/2009 OFFICE DEPOT #1090 JEAN GLASS $76.21 07/01/2009 07/03/2009 LANDSCAPE ALTERNATIVES JANET M GREW HAYMAN $416.46 06/22/2009 06/24/2009 SHRED -IT KAREN E GUILFOILE $18.15 07/01/2009 07/03/2009 OFFICE MAX KAREN E GUILFOILE $141.77 06/18/2009 06/22/2009 LINDERS FLOWER MART MILES HAMRE $153.58 06/18/2009 06/22/2009 LINDERS FLOWER MART MILES HAMRE $97.07 06/18/2009 06/22/2009 LINDERS FLOWER MART MILES HAMRE $6.93 06/29/2009 07/0112009 THE HOME DEPOT 2801 MILES HAMRE $19.18 06/29/2009 07/0112009 THE HOME DEPOT 2801 MILES HAMRE $22.40 06/30/2009 07/02/2009 THE HOME DEPOT 2801 MILES HAMRE $22.40 07/01/2009 07103/2009 GRUBERS POWER EQUIPMENT MILES HAMRE $5.78 06/22/2009 06/23/2009 SEMINARS NATL /PADGETT LORI HANSON $199.00 06/23/2009 06/23/2009 COMCAST CABLE COMM LORI HANSOM $89.88 06/26/2009 06/29/2009 DISPLAYS 2 GO LORI HANSOM $78.09 06/30/2009 07/02/2009 METRO SALES INC LORI HANSON $1,650.23 06/2512009 06/2612009 TARGET 00011858 RON HORWATH $11.21 06/3012009 07/0212009 MEDCO SUPPLY RON HORWATH $107.34 06/23/2009 06/24/2009 KNOWLAN'S MARKET #2 ANN E HUTCHINSON $3.95 06/22/2009 06/24/2009 THE HOME DEPOT 2801 DAVID JAHN $23.79 Packet Page Number 146 of 219 06/25/2009 06/2612009 WW GRAINGER DAVID JAHN $189.05 07/01/2009 07/0212009 DALCO ENTERPRISES, INC DAVID JAHN $207.74 06/20/2009 06/22/2009 BOUND TREE MEDICAL LLC BERNARD R JUNGMANN $67.30 06/24/2009 06/25/2009 TARGET 00011858 BERNARD R JUNGMANN $195.98 06/24/2009 06/25/2009 OR SUPPLY BERNARD R JUNGMANN $242.34 06/24/2009 06/25/2009 NAPA AUTO PARTS 3279016 BERNARD R JUNGMANN $11.29 06/25/2009 06/26/2009 BOUND TREE MEDICAL LLC BERNARD R JUNGMANN $162.80 06/24/2009 06/25/2009 THE UPS STORE #2171 TOM KALKA $36.98 06/24/2009 06/26/2009 OFFICE MAX TOM KALKA $107.66 06/26/2009 06/2912009 GRUBERS POWER EQUIPMENT TOM KALKA $134.61 06/26/2009 06/29/2009 AUTO GLASS- SAFELITE TOM KALKA $59.95 06/30/2009 07/01/2009 BATTERIES PLUS #31 NICHOLAS KREKELER $78.71 06/30/2009 07/02/2009 HANDY HITCH WELDING CO IN NICHOLAS KREKELER $70.40 06/30/2009 07/02/2009 DAVIS LOCK & SAFE NICHOLAS KREKELER $32.03 06/25/2009 06/26/2009 ARVEY PAPER & OFFICE PRO LISA KROLL $2,176.98 06/29/2009 07/01/2009 ADVANCED GRAPHIC SYSTEMS LISA KROLL $130.31 06/24/2009 06/2512009 MENARDS 3059 STEVEN KUMMER $16.40 06/2312009 06/25/2009 UNIFORMS UNLIMITED INC DAVID KVAM $759.00 06/24/2009 06/26/2009 UNIFORMS UNLIMITED INC DAVID KVAM $40.00 07/02/2009 07/03/2009 THE GRAFIX SHOPPE DAVID KVAM $251.16 06/19/2009 06/22/2009 ASPEN MILLS INC. STEVE LUKIN $88.85 06/19/2009 06/22/2009 ASPEN MILLS INC. STEVE LUKIN $275.70 06/22/2009 06/24/2009 ASPEN MILLS INC. STEVE LUKIN $150.00 06/23/2009 06/25/2009 FURY DODGE CHRYSLER STEVE LUKIN $1,302.52 06/24/2009 06/2612009 ASPEN MILLS INC. STEVE LUKIN $296.21 06/2412009 06/2612009 ASPEN MILLS INC. STEVE LUKIN $52.85 06/30/2009 07/02/2009 AIRGAS NORTH CENTRAL STEVE LUKIN $118.49 07/01/2009 07/03/2009 NORTH METRO AUTOMOTIVE STEVE LUKIN $821.47 06/19/2009 06/22/2009 CUB FOODS, INC. GORDON MALLORY $147.83 06/19/2009 06/22/2009 MENARDS 3059 GORDON MALLORY $63.99 06/20/2009 06/22/2009 CUB FOODS, INC. GORDON MALLORY $30.28 06/25/2009 06/29/2009 ROSEMOUNT BP CITY OF MAPLEWOOD $23.00 06/25/2009 06/2912009 ROSEMOUNT BP CITY OF MAPLEWOOD $28.75 06/24/2009 06/2512009 AMERICAN FASTENER AND SUP MARK MARUSKA $17.72 06/25/2009 06/26/2009 HIGHWAY TECHNOLOGIES #229 MARK MARUSKA $94.79 06/30/2009 07/01/2009 LTG POWER EQUIPMENT MARK MARUSKA $106.00 07/02/2009 07/03/2009 HENRIKSEN ACE HARDWARE MARK MARUSKA $217.68 07/02/2009 07/03/2009 HUGO'S TREE CARE MARK MARUSKA $877.56 06/22/2009 06/24/2009 SHRED -IT ROBERT MITTET $18.15 06/23/2009 06/24/2009 QWESTCOMM *TN651 ROBERT MITTET $58.00 06/2512009 06/29/2009 GRAY LINE SEATTLE AIRPORT ROBERT MITTET $18.00 06/2512009 06/2912009 DIRECT SUN 3370610657210 ROBERT MITTET $15.00 06/28/2009 06/29/2009 COMCAST CABLE COMM ROBERT MITTET $142.08 07/01/2009 07103/2009 RED LION HOTEL -FIFTH A ROBERT MITTET $1,248.48 07/02/2009 07/03/2009 FSH COMMUNICATION01 OF 01 ROBERT MITTET $63.90 06/30/2009 07/02/2009 METROCALL /ARCH WIRE ED NADEAU $15.97 06/26/2009 06/29/2009 HIRSHFIELDS ST PAUL CSC JOHN NAUGHTON $1,258.33 06/18/2009 06/22/2009 OFFICE DEPOT #1090 MARY KAY PALANK ($413.34) 06/3012009 07/0312009 OFFICE DEPOT #1090 MARY KAY PALANK $64.14 07/0112009 07/03/2009 OFFICE DEPOT #1090 MARY KAY PALANK $72.31 06/19/2009 06/22/2009 PARTY AMERICA 1018 CHRISTINE PENN $28.81 06/25/2009 06/25/2009 AMAZON.COM CHRISTINE PENN $29.97 Packet Page Number 147 of 219 06/23/2009 06/2412009 TARGET 00011858 ROBERT PETERSON $19.20 06/19/2009 06/2212009 ADVANCED GRAPHIC SYSTEMS PHILIP F POWELL $427.58 06/26/2009 06/29/2009 FITZCO INC PHILIP F POWELL $65.90 06/30/2009 07/01/2009 HUPPINS ONECALL.COM PHILIP F POWELL $42.41 06/30/2009 07/01/2009 THE TAPE COMPANY 1 PHILIP F POWELL $68.50 07/01/2009 07/01/2009 TAPESTOCK ONLINE.COM PHILIP F POWELL $58.40 07/01/2009 07/02/2009 AMZ *AMAZON PAYMENTS PHILIP F POWELL $20.35 07/01/2009 07/02/2009 AMZ *AMAZON PAYMENTS PHILIP F POWELL $33.72 07/01/2009 07/0212009 FITZCO INC PHILIP F POWELL $40.34 07/01/2009 07/0212009 GE CAPITAL WILLIAM J PRIEFER $331.99 06/18/2009 06/22/2009 KATH AUTO PARTS NSP STEVEN PRIEM $37.03 06/18/2009 06122/2009 TOUSLEY FORD 127200039 STEVEN PRIEM $265.84 06/19/2009 06/22/2009 KATH AUTO PARTS NSP STEVEN PRIEM $18.01 06/19/2009 06/22/2009 KATH AUTO PARTS NSP STEVEN PRIEM $194.90 06/19/2009 06/22/2009 POLAR CHEVROLET MAZDA PAR STEVEN PRIEM $48.58 06/22/2009 06/24/2009 TURF WERKS EGAN STEVEN PRIEM $172.73 06/2312009 06/2412009 NOTT COMPANY STEVEN PRIEM $40.68 06/2312009 06/2512009 KATH AUTO PARTS NSP STEVEN PRIEM ($2.41) 06/23/2009 06/25/2009 KATH AUTO PARTS NSP STEVEN PRIEM $57.98 06/23/2009 06/25/2009 KATH AUTO PARTS NSP STEVEN PRIEM $240.54 06/23/2009 06/25/2009 TOUSLEY FORD 127200039 STEVEN PRIEM $264.90 06/24/2009 06/26/2009 KATH AUTO PARTS NSP STEVEN PRIEM $122.26 06/24/2009 06/2612009 POLAR CHEVROLET MAZDA PAR STEVEN PRIEM $112.67 06/25/2009 06/26/2009 E A T I STEVEN PRIEM $375.55 06/25/2009 06/29/2009 FACTORY MTR PTS #1 STEVEN PRIEM $367.47 06/2612009 06/2912009 KATH AUTO PARTS NSP STEVEN PRIEM $90.30 06/26/2009 06/29/2009 KATH AUTO PARTS NSP STEVEN PRIEM $51.65 06/26/2009 06/29/2009 DAVIS EQUIPMENT STEVEN PRIEM $421.14 06/26/2009 06/29/2009 TOUSLEY FORD 127200039 STEVEN PRIEM $155.35 06/29/2009 06/30/2009 BAUER BUILT TIRE - STEVEN PRIEM $1,876.67 06/29/2009 07/01/2009 FACTORY MOTOR PARTS #19 STEVEN PRIEM $40.71 06/29/2009 07/0112009 FACTORY MOTOR PARTS #19 STEVEN PRIEM $58.36 06/30/2009 07/0112009 TRUCK UTILITIES INC STEVEN PRIEM $50.83 06/30/2009 07/01/2009 POMPS TIRE SERVICE STEVEN PRIEM $302.96 06/30/2009 07/01/2009 FLAIL - MASTER STEVEN PRIEM $183.72 06/30/2009 07/02/2009 WHITE BEAR LILAC. /MERC. STEVEN PRIEM {$8.76} 06/30/2009 07/02/2009 KATH AUTO PARTS NSP STEVEN PRIEM $50.87 06/30/2009 07/02/2009 TOUSLEY FORD 127200039 STEVEN PRIEM $265.28 06/30/2009 07/02/2009 WHITE BEAR LILAC. /MERC. STEVEN PRIEM $8.76 07/01/2009 07/02/2009 BAUER BUILT TIRE - STEVEN PRIEM $657.15 07/01/2009 07/0212009 FORCE AMERICA INC STEVEN PRIEM $306.54 07/01/2009 07/0312009 FACTORY MTR PTS #1 STEVEN PRIEM ($10.50) 07/01/2009 07/03/2009 KATH AUTO PARTS NSP STEVEN PRIEM $68.81 07/01/2009 07/03/2009 ZEP MANUFACTURING STEVEN PRIEM $181.82 07/02/2009 07/03/2009 BAUER BUILT TIRE - STEVEN PRIEM $762.73 06/22/2009 06/23/2009 NOVACARE REHB /HEALT TERRIE RAMEAUX $1,000.00 06/25/2009 06/26/2009 HILLYARD INC MINNEAPOLIS MICHAEL REILLY $935.68 06/26/2009 06/29/2009 DALCO ENTERPRISES, INC MICHAEL REILLY $751.70 06/30/2009 07/0112009 HILLYARD INC MINNEAPOLIS MICHAEL REILLY $468.04 06/19/2009 06/22/2009 COVERT INDUSTRIES01 OF 01 NANCY RICHTER $24.45 06/30/2009 07/01/2009 TUNE BELT NANCY RICHTER $41.00 06/19/2009 06/22/2009 WALGREENS #7388 AUDRA ROBBINS $5.36 Packet Page Number 148 of 219 06/19/2009 06/2212009 WALGREENS #7388 AUDRA ROBBINS $9.55 06/22/2009 06/2312009 TARGET 00006197 AUDRA ROBBINS $150.88 06/23/2009 06/24/2009 CUB FOODS, INC. AUDRA ROBBINS $21.60 06/23/2009 06/24/2009 PARTY CITY #768 AUDRA ROBBINS $10.54 06/23/2009 06/25/2009 MICHAELS #2744 AUDRA ROBBINS $22.15 06/25/2009 06/26/2009 MAPLEWOOD PARKS AND RECRE AUDRA ROBBINS $7.50 06/26/2009 06/29/2009 RAINBOW FOODS 00088617 AUDRA ROBBINS $15.32 06/29/2009 06/30/2009 LILLIE SUBURBAN NEWSPAPE AUDRA ROBBINS $20.50 06/29/2009 06/30/2009 TARGET 00011858 AUDRA ROBBINS $10.65 07/01/2009 07/0312009 MALL OF AMERICA AUDRA ROBBINS $751.49 07/02/2009 07/03/2009 TARGET 00011858 AUDRA ROBBINS $77.33 07/02/2009 07103/2009 CUB FOODS, INC. AUDRA ROBBINS $20.92 06/24/2009 06/26/2009 GRUBERS POWER EQUIPMENT ROBERT RUNNING $27.18 06/19/2009 06/22/2009 MENARDS 3059 JAMES SCHINDELDECKEF $33.07 06/19/2009 06/22/2009 MILLS FLEET FARM #27 JAMES SCHINDELDECKEF $22.90 06/22/2009 06/23/2009 T- MOBILE.COM *PAYMENT DEB SCHMIDT $31.88 06/23/2009 06/2512009 OFFICE DEPOT #1090 DEB SCHMIDT $41.95 06/23/2009 06/25/2009 OFFICE DEPOT #1105 DEB SCHMIDT $12.91 06/24/2009 06/26/2009 OFFICE DEPOT #1090 DEB SCHMIDT $55.94 07/02/2009 07/03/2009 HENRIKSEN ACE HARDWARE SCOTT SCHULTZ $5.22 06/19/2009 06/22/2009 SHRED -IT MICHAEL SHORTREED $70.00 06/19/2009 06/22/2009 SHRED -IT MICHAEL SHORTREED $49.95 06/22/2009 06/24/2009 SHRED -IT MICHAEL SHORTREED $49.95 06/22/2009 06/24/2009 SHRED -IT MICHAEL SHORTREED $119.55 06/23/2009 06/2412009 R D J SPECIALTIES MICHAEL SHORTREED $342.84 06/2412009 06/2512009 THE UPS STORE #2171 MICHAEL SHORTREED $66.92 06/19/2009 06/22/2009 OFFICE DEPOT #1090 ANDREA SINDT $100.87 07/02/2009 07/03/2009 RICHFIELD BUS CO. ANDREA SINDT $415.00 06/24/2009 06/26/2009 DEFENSEDEVICES.COM PAULINE STAPLES $99.92 06/25/2009 06/29/2009 SUBWAY 00070524 SCOTT STEFFEN $29.25 06/2512009 06/29/2009 METRO SALES INC JOANNE M SVENDSEN $594.07 06/30/2009 07/01/2009 TARGET 00011858 DOUGLAS J TAUBMAN $14.13 07/0112009 07/0212009 T- MOBILE RECURRING PMT DOUGLAS J TAUBMAN $108.90 06/23/2009 06/2512009 STRAUSS SKATE AND BICY JAMES TAYLOR $2,860.00 06/24/2009 06126/2009 STRAUSS SKATE AND BICY JAMES TAYLOR $2,982.00 06/24/2009 06/26/2009 STARS AND STRIKES ELATE JAMES TAYLOR $428.36 06/29/2009 06/30/2009 MN RECREATION AND PARK A JAMES TAYLOR $160.00 06/22/2009 06/24/2009 KATH AUTO PARTS NSP TODD TEVLIN $37.02 07/01/2009 07/03/2009 MILLS FLEET FARM #27 TODD TEVLIN $35.32 06/1912009 06/22/2009 MINUTEMAN PRESS SUSAN ZWIEG $326.77 06/2012009 06/22/2009 SUBWAY 00052159 SUSAN ZWIEG $85.40 06/2512009 06/2912009 SHRED -IT SUSAN ZWIEG $51.45 TOTAL $69,457.54 Packet Page Number 149 of 219 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner SUBJECT: Gethsemane Senior Housing - Planned Unit Development Review LOCATION: South of 2410 Stillwater Road DATE: July 7, 2009 INTRODUCTION The conditional use permit (CUP) for the Gethsemane Senior Housing planned unit development (PUD) is due for its annual review. This PUD is for a 111 -unit senior housing facility on property owned by Gethsemane, south of the existing church. Refer to the attachments. BACKGROUND July 14, 2008: The city council approved a temporary lease agreement for the use of Gethsemane Park for 2008, the Gethsemane Senior Housing PUD, a land use plan amendment, a parking waiver, preliminary and final plat, and site and architectural plans. August 25, 2008: The city council approved tax increment financing for the Gethsemane Senior Housing project. DISCUSSION City code requires the annual review of PUDs to check on project status. Robert Van Slyke, of Gethsemane Senior Housing, has indicated to staff that building blueprints and specifications have been completed but Gethsemane is waiting to finalize financing for the project. A letter from Mr. Van Slyke is attached to this report. The city council should review this permit in one year to check on its progress. RECOMMENDATION Review the conditional use permit for the Gethsemane Senior Housing PUD in one year. p:sec25 \Gethsemane PUDRev07O709 Attachments: 1. Council minutes for July 7, 2008 2. Council minutes for August 25, 2008 3. Location /Zoning map 4. Prelim inarytFinal plat 5. Letter from Robert Van Slyke, dated June 16, 2009 Packet Page Number 150 of 219 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, July 14, 2008 Council Chambers, City Hall Meeting No. 18 -08 5. Gethsemane Lutheran Church — Request for Senior Housing Project. a. Acting City Manager, Chuck Ahl introduced the item and answered questions of the council. b. Deputy Public Works Director, DuWayne Konewko gave the report and answered questions of the council. C. City Attorney, Alan Kantrud answered questions of the council. Mayor Longrie asked if any citizens wanted to speak regarding the Temporary Lease. No citizens came forward. Councilmember Juenemann moved to approve the Temporary Lease for 2008 use of property as Park. Revisina item ;I. Term of Lease revisina verbaae to reflect from now until the end of the year vs. on a month -to -month basis. Section 2 regarding rent, it should reflect single payment rather than a monthly payment until the end of the year. Also, a Notice Section added givin_q Contact Information for both parties. On the sianature aaae the City Clerk should be added to the list of si_pnees. Councilmember Rossbach seconded the motion with a friendly amendment to change the following information. Revising item 1. Term of Lease revising verbage to reflect from now until the end of the year vs. on a month -to -month basis. Section 2 regarding rent, it should reflect single payment rather than a monthly payment until the end of the year. Also, a Notice Section added giving Contact Information for both parties. On the signature page the City Clerk should be added to the list of signees. Accepted by Councilmember Juenemann. Mayor Longrie questioned the terms of the lease agreement and asked if a representative from Gethsemane wanted to address the concern. Pastor, Richard White, Gethsemane Lutheran Church answered a question of the council regarding changing the motion. Miscellaneous discussion occurred and City Attorney, Alan Kantrud said the appropriate changes would take place regarding the concerns of the city council and the representative of Gethsemane. Seconded by Councilmember Rossbach. Ayes — All Packet Page Number 151 of 219 The motion passed. b. Land Use Plan Amendment from P(Park) to R31-1(high density residential). (requires 4 votes) a. Senior Planner, Tom Ekstrand introduced the report and answered questions of the council. b. City Attorney, Alan Kantrud answered questions of the council. Mayor Longrie asked if anyone wanted to speak regarding this item. 1. Bob Van Slyke, from Senior Housing Partners Partnering with Presbyterian Homes of Minnesota and Gethsemane Lutheran Church and School, addressed the council and answered questions of the council. 2. Ward Isackson, Principal Architect, Pope Associates, 1255 Energy Park Drive, St. Paul, addressed the council. 3. Mike Plant, Senior Hydrologist on the project answered questions of the council. 4. Robert Martin, Planning Commissioner, 2329 Londin Lane, Maplewood, gave the planning commission report. 5. John Demko, Community Design Review Board Member, gave the CDRB report. 6. Eunice Roberts, 1448 Beaver Creek Parkway, Maplewood spoke in favor of the development. 7. Pastor, Richard White, at Gethsemane Lutheran Church addressed the council. 8. Doug Angrew, 7501 — 25 Street North, Oakdale, spoke in favor of the development. 9. JoAnn Levour, speaking on behalf of her parents who will live at Rosewood Estates spoke in favor of the development. 10. Rick Thisen, 1147 Mary Place South Maplewood spoke in favor of the development. 11. Marion Ness, Oakdale Resident, spoke in favor of the development. 12. Sil Booth, 515 Sterling Street South, Maplewood spoke in favor of the development. 13. Lynn Wiegert, 2939 Mary Street, Maplewood spoke in favor of the development. 14. Barb Gurney, 436 Brooks Avenue, Roseville spoke in favor of the development. Councilmember Rossbach moved to approve the Land Use Plan Amendment from P(Park) to R3H(high density residential (requires 4 votes) Packet Page Number 152 of 219 RESOLUTION 08 -07 -100 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Gethsemane Lutheran Church and Presbyterian Homes of Minnesota have applied for a change to the City of Maplewood's land use plan from P (park) to R3H (high density residential) for a proposed 111 -unit senior- housing development. WHEREAS, this change applies to the property located south of Gethsemane Lutheran Church, 2410 Stillwater Road. The legal description is: Lot 1, Block 1, Gethsemane Addition WHEREAS, the history of this change is as follows: On June 3, 2008, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the land use plan change. 2. On July 14, 2008, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council ap ssed the above described change for the following reasons: 1. Development with the proposed senior housing project would promote economic development that will expand the property tax base, increase jobs and provide desirable services. 2. The proposed development would provide a wider range of housing types in this neighborhood. 3. The proposed development would be a similar type of use to the apartments across Stillwater Road and would also provide a transitional, buffer use between those abutting apartments and the single family homes to the south and east. This action is subject to the approval of this land use plan amendment by the Metropolitan Council. The Maplewood City Council ap ssed this resolution on July 14, 2008. Seconded by Councilmember Juenemann. Ayes — All The motion passed. Packet Page Number 153 of 219 Councilmember Juenemann moved to approve the Conditional Use Permit (CUP) for a Planned Unit Development (PUD). RESOLUTION 08 -07 -101 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Gethsemane Lutheran Church and Presbyterian Homes of Minnesota applied for a conditional use permit for a planned unit development to build a 111 -unit senior - housing development. WHEREAS, this permit applies to the property located south of Gethsemane Lutheran Church at 2410 Stillwater Road. The legal description is: Lot 1, Block 1, Gethsemane Addition WHEREAS, the history of this conditional use permit is as follows: 1. On June 3, 2008, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On June 25, 2008, the housing and redevelopment authority (HRA) reviewed this request and the recommendation of staff. The HRA recommended that the city council approve this permit. 3. On July 14, 2008, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council ap ssed the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. Packet Page Number 154 of 219 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the approved site plan. The planning staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. 4. The proposed senior housing development shall remain for use as senior housing unless the city council approves a change in use. 5. The owner /operator of the senior housing development shall obtain a cross easement from Gethsemane Lutheran Church for access and overflow parking before the city will issue a building permit for this development. 6. Compliance with the city's engineering report by Steve Kummer dated February 13, 2008. 7. The applicant shall post Bartelmy Lane to restrict truck, trash hauling and delivery access and that the city engineer shall explore the closure of Bartelmy Lane from Stillwater Road to Brand Avenue. The Maplewood City Council ap ssed this resolution on July 14, 2008. Seconded by Councilmember Hjelle. Ayes — All The motion passed. Councilmember Nephew moved to approve a parking waiver to provide 114 fewer parking spaces than are required by ordinance. The applicant shall provide 61 garage spaces and 47 surface parking spaces. This parking waiver is subject to the following conditions: 1. The owners of Gethsemane Senior Housing shall get an access and parking easement from Gethsemane Church to use their parking lot as overflow parking. Packet Page Number 155 of 219 This written agreement shall be provided prior to the issuance of a building permit. 2. All parking areas shall comply with the dimensional requirements for parking lots that are required by ordinance. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 1. Repeat this review in two years if the applicant has not obtained a building permit by that time. After two years this review must be repeated. 2- (Dbtain the requested zoning approvals before the city will issue a building permit. These approvals are a comprehensive land use plan arnendt from P (park) to l (high density residential), a conditional use permit for a planned Unit development, a parking waiver and a final plat, 3 The applicant shall comply with the rKjUil'en'lelItS in the city engineering report by Steve Kummer dated February I 3. 2008- 4 The developer of the housing facility shall obtain a cross easement from Gethsemane Lutheran Church for access and overflow parking before the city will issue a building permit for this development. 5. The developer shall provide a trash enclosure for trash and recyclables if they are not kept within the garage and if they would not be properly concealed by the retaining wall if they would be kept outside the garage. Packet Page Number 156 of 219 6- Before obtaining a building permit. the applicant shall provide an irrevocable letter of credit in the amount Of 150 percent of the cost of completing landscaping and other site improve me nts. This irrevocable letter of credit shall include the following provisions The letter of credit must clearly indicate that it is an irrevocable, letter of credit in the name of the City of N-Iaplewood, payable on dernand, to assure compliance with the terrns of the developer's agreement. The letter of credit Must allow for partial withdrawals as needed to guarantee partial project payments covered under the terms of the letter of credit. The letter of credit shall be for aone- year duration and must have a condition indicating automatic renewal, with notification to the city a minimum of 60 days prior to its expiration. 7- All parking and drive areas shall have continuous concrete, curbing. 8- The applicant shall install in-ground lawn irrigation as required by city ordinance- 9. Post Bartelmy Lane for "No Truck, Trash Hauling or Delivery Access Subject to the approval of the city engineer- 1 & C any necessary permits from the Minnesota Department of Transportation and the Ramsey Washington Nletro Watershed District, 1 - 1. The applicant shall comply with applicable noise-n requirements- This will require the applicant to provide a noise study to evaluate the noise level generated by traffic on Stillwater Road to determine what, if any, mitigation measures are required for the proposed living UrljtS. '12. All work shall follow the approved plans. The city planner may approve minor changes. Seconded by Councilmember Nephew. Ayes — All Mayor Longrie made a friendly amendment to include the recommendations on page 11 of the staff report (item K5.) The friendly amendment was accepted by the motioners. The motion passed. Councilmember Rossbach to approve the plans date-stamped February 1, 2008, for the Gethsemane Senior Housing proiect, located south of Gethsemane Lutheran Church, 2410 Stillwater Road. Approval is based on the findings for approval required by ordinance and subject to the developer doing the following: Packet Page Number 157 of 219 Repeat this review in two years if the applicant has not obtained a building permit by that time. After two years this review must be repeated. 2. Obtain the requested zoning approvals before the city will issue a building permit. These approvals are: a comprehensive land use plan amendment from P(park) to R3H 9high density residential), a conditional use permit for a planned unit development, a parking waiver and a final plat. 3. The applicant shall comply with the requirements in the city engineering report by Steve Kummer dated February 13, 2008. 4. The developer of the housing facility shall obtain a cross easement from Gethsemane Lutheran Church for access and overflow parking before the city will issue a building permit for this development. 5. The developer shall provide a trash enclosure for trash and recyclables if they are not kept within the garage and if they would not be properly concealed by the retaining wall if they would be kept outside the garage. 6. Before obtaining a building permit, the applicant shall provide an irrevocable letter of credit in the amount of 150 percent of the cost of completing landscaping and other site improvements. This irrevocable letter of credit shall include the following provisions: The letter of credit must clearly indicate that it is an irrevocable letter of credit in the name of the City of Maplewood, payable on demand, to assure compliance with the terms of the developer's agreement. The letter of credit must allow for partial withdrawals as needed to guarantee partial project payments covered under the terms of the letter of cred it. • The letter of credit shall be for a one -year duration and must have a condition indicating automatic renewal, with notification to the city a minimum of 60 days prior to its expiration. 7. All parking and drive areas shall have continuous concrete curbing. 8. The applicant shall install in- ground lawn irrigation as required by city ordinance. 9. Post Bartelmy Lane for "No Truck, Trash Hauling or Delivery Access," subject to the approval of the city engineer. 10. Obtain any necessary permits from the Minnesota Department of Transportation and the Ramsey Washington Metro Watershed District. 11. The applicant shall comply with applicable noise- mitigation requirements. This will require the applicant to provide a noise study to evaluate the noise level generated by traffic on Stillwater Road to determine what, if any, mitigation measures are required for the proposed living units. Packet Page Number 158 of 219 12. All work shall follow the approved plans. The city planner may approve minor changes. Seconded by Councilmember Nephew. Ayes — All The motion passed. Councilmember Rossbach moved to approve Extending the date for the Public Hearing for Tax Increment Financing (TIF) to August 25, 2008. Seconded by Councilmember Juenemann. Ayes — All The motion passed. Packet Page Number 159 of 219 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, August 25, 2008 Council Chambers, City Hall Meeting No. 22 -08 J. PUBLIC HEARINGS 7:00 p.m. Gethsemane Senior Housing Tax Increment Financing (TIF) Request and Park Purchase Agreement a. Approval of TIF Plan for Tax Increment Financing (Housing) District No. 1 -9 Within Development District No. 1 (Gethsemane Senior Housing Project) b. Directing the Preparation of the TI Development Agreement for the Gethsemane Senior Housing Project. c. Authorize Preparation of the Purchase Agreement for the Gethsemane Park Land 1. Acting City Manager, Chuck Ahl introduced the item. 2. Tom Denaway, Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, addressed the council, gave the presentation and answered questions of the council. 3. Bob Van Slyke, Presbyterian Homes of Minnesota, addressed the council and answered questions of the council. 4. Richard White, Senior Pastor, Gethsemane Lutheran Church, Maplewood. Pastor White addressed the council and answered questions of the council. Mayor Longrie opened the public hearing. 1. Bob Zick, 2515 White Bear Avenue, Maplewood spoke regarding this project. 2. Bill Schreiner, 1098 Beaver Creek Parkway, Maplewood spoke regarding this project. 3. Peter Fischer, 2443 Standridge Avenue, Maplewood spoke regarding this project. 4 John Wykoff, 2345 Maryland Avenue, Maplewood spoke regarding this project. 5. Doug Angrew, 7501 -25 Street, Oakdale spoke regarding this project. 6. Bob Zick, 2515 White Bear Avenue, Maplewood. (second appearance) Mayor Longrie closed the public hearing. Approval of TIF Plan for Tax Increment Financing (Housing) District No. 1 -9 Within Development District No. 1 (Gethsemane Senior Housing Project) Councilmember Rossbach moved to approve the TIF Plan for Tax Increment Financing (Housing) District No. 1 -9 within Development District No. 1 for the Gethsemane Senior Housing Project. Packet Page Number 160 of 219 Seconded by Councilmember Juenemann. Ayes — All The motion passed Resolution Approving the Modification to the Development Program for Development District No. 1 and the TIF Plan for TIF District (Housing) No. 1 -9. Councilmember Rossbach moved to approve the Resolution Approving the Modification to the Development Program for Development District No. 1 and the TIF Plan for TIF District (Housing) No. 1 -9. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: August 25, 2008 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held on the 25th day of August, 2008, at 7 :00 p.m. The following members of the Council were present: All and the following were absent: None Councilmember Rossbach introduced the following resolution and moved its adoption: RESOLUTION 08 -08 -121 RESOLUTION APPROVING THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND ESTABLISHING TAX INCREMENT FINANCING (HOUSING) DISTRICT NO. 1 -9 AND APPROVING THE TAX INCREMENT FINANCING PLAN THEREFOR WITHIN DEVELOPMENT DISTRICT NO. 1 WHEREAS: A. WHEREAS, there is a proposal to modify the Development Program for Development District No. 1, and establish Tax Increment Financing (Housing) District No. 1 -9 ( "Housing District No. 1 -9 ") therein and approve and accept the proposed Tax Increment Financing Plan therefor under the provisions of Minnesota Statutes, Sections 469.174 to 469.1799 (the "Act "); and B. WHEREAS, the proposed Modification to the Development Program for Development District No. 1 (the "Modification "), and the proposed Tax Increment Financing Plan for Housing District No. 1 -9 (the "Tax Increment Financing Plan ") have been prepared; and C. The City has performed all actions required by law to be performed prior to the establishment of Development District No. 1 and Housing District No. 1 -9 therein, and the adoption of the modified development program and proposed tax increment financing plan therefor, including, but not limited to, notification of Ramsey County and Independent School Packet Page Number 161 of 219 District No. 622 having taxing jurisdiction over the property to be included in Housing District No. 1 -9 and the holding of a public hearing upon published and mailed notice as required by law; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota as follows: 1. Modification Findings The City finds, determines and declares that with respect to the Modification: (a) The City is not modifying the boundaries of Development District No. 1 but is, however, modifying the Development Program to allow for the increased costs associated with Housing District No. 1 -9 as described in the Modification. 2. Development Program The Development Program for the Development District as modified pursuant to the Modification, a copy of which is on file in the office of the City Clerk, is adopted as the development program for the Development District 3. Housing District No. 1 -9 . There is established in the City of Maplewood within Development District No. 1 a Tax Increment Financing District, the initial boundaries of which are fixed and determined as described in the Tax Increment Financing Plan. 4. Tax Increment Financing Plan The Tax Increment Financing Plan is adopted as the tax increment financing plan for Housing District No. 1 -9, and the City Council makes the following findings: (a) Housing District No. 1 -9 is a housing district as defined in Minnesota Statutes, Section 469.174, Subd. 11, the specific basis for such determination being that the 111 unit senior rental housing facility project will provide safe, decent, affordable, sanitary housing for senior residents of the city and it will result in the preservation and enhancement of the tax base of the State. (b) The proposed development in the opinion of the City Council, would not occur solely through private investment within the reasonably foreseeable future. The reasons supporting this finding are that: (i) Private investment will not finance these development activities because of prohibitive costs relative to rental revenues for low and moderate income senior housing units. It is necessary to finance these development activities through the use of tax increment financing so that development of affordable senior housing and other development by private enterprise will occur within Development District No. 1. (ii) A comparative analysis of estimated market values both with and without establishment of Housing District No. 1 -9 and the use of tax increments has been performed as described above. Such analysis is found in Exhibit V of the Tax Increment Financing Plan, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of Housing District No. 1 -9 and the use of tax increments. Packet Page Number 162 of 219 (c) In the opinion of the City Council, the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of Housing District No. 1 -9 permitted by the Tax Increment Financing Plan. The reasons supporting this finding are that: (i) The estimated amount by which the market value of the site will increase without the use of tax increment financing is $0, and a small amount attributable to appreciation in land value; (ii) The estimated increase in the market value that will result from the development to be assisted with tax increment financing is $17,979,738; and (iii) The present value of the projected tax increments for the maximum duration of the district permitted by the tax increment financing plan is $1,312,227. (d) The Tax Increment Financing Plan for Housing District No. 1 -9 conforms to the general plan for development or redevelopment of the City of Maplewood as a whole. The reasons for supporting this finding are that: (i) Housing District No. 1 -9 is properly zoned; and (ii) The Tax Increment Financing Plan will generally complement and serve to implement policies adopted by the City. (e) The Tax Increment Financing Plan will afford maximum opportunity, consistent with the sound needs of the City of Maplewood as a whole, for the development or redevelopment of Development District No. 1 by private enterprise. The reasons supporting this finding are that: The development activities are necessary so that development and redevelopment by private enterprise can occur within Development District No. 1. 5. Public Purpose The adoption of the Modification to the Development Program for Development District No. 1, and the adoption of the Tax Increment Financing Plan for Housing District No. 1 -9 therein conform in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State which is already built up to provide employment opportunities and provide safe, decent, sanitary housing for all residents of the city to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. 6. Certification The Auditor of Ramsey County is requested to certify the original net tax capacity of Housing District No. 1 -9 as described in Tax Increment Financing Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased in accordance with the Act; and the City Clerk is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within Housing District No. 1 -9 for which Packet Page Number 163 of 219 building permits have been issued during the 18 months immediately preceding the adoption of this Resolution. 7. FEM. The City Clerk is further authorized and directed to file a copy of the Development Program and Tax Increment Financing Plan for Housing District No. 1 -9 with the Commissioner of Revenue and the Office of the State Auditor. 8. Administration The administration of Development District No. 1 is assigned to the City Clerk who shall from time to time be granted such powers and duties pursuant to Minnesota Statutes, Sections 469.130 and 469.131 as the City Council may deem appropriate. The motion for the adoption of the foregoing resolution was duly seconded by councilmember Nephew and upon vote being taken thereon, the following voted in favor thereof: (5) All and the following voted against the same: (0) Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD 1, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the modification of Development District No. 1 and the establishment of Housing District No. 1 -9 therein in the City. WITNESS my hand this 25th day of August, 2008. City Clerk Mayor Longrie made a friendly amendment to include the following for the record. Mayor Longrie would like to include that the affordable housing units would be extended 90 years past the initial ten years of the T/F and that would be included in the T/F agreement. That the annual city payment for city services be included. That during construction the construction jobs include prevailing wages. That within the Developers Agreement there is mention of the requirement of the endowment for the permanent affordable units within the project. And to encourage the use of pervious pavement. Councilmember Rossbach accepted the friendly amendments. Packet Page Number 164 of 219 Seconded by Councilmember Nephew. Ayes - All The motion passed. Mayor Longrie said she has been very analytical about this project when this project came forward and TIF financing was requested. She had some reservations which have not been secret and in the course of time she has had a number of people call her; (who were big names in the community) asking her to vote for this project. Perhaps even applying a little pressure for this project. Prior to the meeting she had not made up her mind about the TIF financing and said she could have voted either way. But the one thing that made a difference to her, despite the fact that their new organization isn't registered with the Secretary of State because she did her research to understand who the city is dealing with was when she heard that they have a commitment to the mission and not just the money and they are going to have their perpetual foundation. That is the only reason she is voting for this. It ensures that the TIF is indeed going for what its intended purpose is. Because the TIF provision that they are using, in order to get TIF, is that they are going to have 20% affordable housing. If they had all market rate they wouldn't be passing the "but for" test. If it was all market rate they would have their rate of return that they need. They would be building the project and they'd be done and over with it. The TIF factor is based on that. By saying you are going to have a perpetual endowment you can be willing to bet she will make sure and follow up that it is indeed the promise that is kept. That is the promise and commitment that this council wanted to hear and that is what the community needs. There are seniors out there who need affordable housing and that do not have to worry about whether or not they will have a place to live and to live independently on their own. Directing the Preparation of the TI Development Agreement for the Gethsemane Senior Housing Project. Councilmember Rossbach moved to Direct the Preparation of the TIF Development Agreement for the Gethsemane Senior Housing Project including the friendly amendment made by Mavor Lonarie previously. Seconded by Councilmember Juenemann. Ayes — All The motion passed. Packet Page Number 165 of 219 ,a ------ 7TH ST N 2338' �835 984 rl 39 839 E LO (0 'N N C' OJ 1'�4 CASE AVE 827 82L ID, 0 X613 ry 8 0 LU r. - " / , o C 32�... 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T i- it ' a �z w I % — "� — �,,�• — ;, — mod _'�' t�rl }r ril a� � -0 �'t' i t ` - I -I "_ ` � I -�iri Yilt � ���� •i � - v a � 'b j a , � p i a y *53 sjt a i49 3$d4 �a °oh s � g a c,? 7s$ RH ;iz M sis a S� �• � a � � � x 'X + H a n� Mu i a i Packet Page Number 167 of 219 June 16, 2009 Mr. Tom Ekstrand Senior Planner City of Maplewood 1830 County Road B East Maplewood, MN. 55109 Re: Gethsemane Senior Housing Project Extension on City Approvals Dear Mr. Ekstrand, Gethsemane Senior Housing, Inc. would like to request an extension of the Conditional Use Permit approved by the Council on July 14, 2008. We have completed the building blueprints and specifications to the point where we are prepared to obtain building construction costs when the financial markets begin lending to senior housing projects again. We still wish to complete the project so we are requesting an extension of our approvals because to date the project has been unable to obtain any debt financing commitments. The current economic and lending environment has hit all new construction hard and our project is no exception. We believe this is the only extension required at this time. However, if we need an extension on the Land Use Plan Amendment, Preliminary and Final Plat, and approval of TIF Plan for Tax Increment District No. 1 -9 approved August 25, 2008, please let this letter serve as that extension notice too. Sincerely, Robert Van Slyke Project Manager Gethsemane Senior Housing, Inc. Packet Page Number 168 of 219 Agenda Item M3 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director Steven Love, Civil Engineer II SUBJECT: Carsgrove Meadows Area Street Improvements, Project 08 -10, Resolution Directing Modification of Existing Construction Contract, Change Order No.1 DATE: June 29, 2009 INTRODUCTION The council will consider approving the attached resolution directing the modification of the existing construction contract. This change order reflects an increase in the construction contract due to the additions listed below. BACKGROUND/ DISCUSSION On May 28, 2009, the council awarded a construction contract to Miller Excavating, Inc. in the amount of $1,816,784.00. The construction contract included reconstruction of Brooks Ct., Connor Ct., Connor Ave., Cypress St., Demont Ave., Forest St., Palm Cir., and Palm Ct. as shown on the attached Location Map. Change Order No. 1 is necessary for the following items: Street Reconstruction Additional subgrade excavation for driveway areas disturbed as part of the street reconstruction to provide a more structurally reliable driveway due to poor existing soil conditions at a cost of $7,516.80 Additional Class 6 aggregate base for driveway areas disturbed as part of the street reconstruction to provide a more structurally reliable driveway due to poor existing soil conditions at a cost of $11,971.30 Private Driveway Program Quantities used to estimate the increased cost for private driveways are based on 10% of the anticipated private driveway quantities. This is consistent with the way these items were estimated at the time of bidding of the original contract. Additional subgrade excavation for driveways constructed as part of the private driveway program to provide a more structurally reliable driveway due to poor existing soil conditions at a cost of $1,088.40 Additional Class 6 aggregate base for driveways constructed as part of the private driveway program to provide a more structurally reliable driveway due to poor existing soil conditions at a cost of $2,206.40 Residents participating in the private driveway program are required to make full payment for the work prior to the new driveways being constructed. Packet Page Number 169 of 219 Agenda Item M3 Residential Water Service Repairs Saint Paul Regional Water Services owns the water main in this area, and has discovered that sixteen residential water services would not turn off correctly and concluded that replacement is needed. • Excavation, backfill, and installation of curb stop boxes necessary to repair 16 damaged residential water services at a cost of $9,240.00 Maplewood will bill the full amount of all work associated with the repair of the damaged water services to Saint Paul Regional Water Services. Change Order No. 1 will increase the current construction contract by $32,022.90 from $1,816,784.00 to $1,848,806.90. No budget adjustments are required for the additional work as these additional costs fall within the approved budget. As previously stated the full cost for all work associated with the repair of the damaged water services will be billed to Saint Paul Regional Water Services. Likewise the increase for the private driveways would be collected through up front payment by the residents if they choose the City for the work. RECOMMENDATION It is recommended that the council approve the attached Resolution Directing Modification of Existing Construction Contract, Change Order No.1, for City Project 08 -10. Attachments: 1. Resolution 2. Change Order No.1 3. Location Map Packet Page Number 170 of 219 Agenda Item M3 Attachment 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 08 -10, CHANGE ORDER NO.1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 08 -10, Carsgrove Meadows Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 08 -10, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: The mayor and city engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No.1 in the amount of $32,022.90. The revised contract amount is $1,848,806.90. Adopted this 13 day of July 2009 Packet Page Number 171 of 219 CHANGE ORDER #1 Agenda Item M3 Attachment 2 DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA Project Name: Carsgrove Meadows Area Street Improvements Change Order No.: #1 Project No.: 08 -10 Date: 06 -30 -09 Contractor: Miller Excavating, Inc. The following changes shall be made to the contract documents: Description Unit Quantity Price Total 1. Additional subgrade excavation CY 626.4 $12.00 $7,516.80 (Street reconstruction) 2. Additional Class 6, Aggregate Base Ton 1088.3 $11.00 $11,971.30 (Street reconstruction) 3. Additional Common Excavation CY 90.7 $12.00 $1,088.40 (Private Driveway Program) 4. Additional Class 6, Aggregate Base Ton 157.6 $14.00 $2,206.40 (Private Driveway Program) 5. Repair Curb Stop Box VF 112 $82.50 $9,240.00 (Water Service Repair- SPRWS) TOTAL $32,022.90 Purpose of Change Order: Amend scope of project to include the following extra work: • Additional subgrade excavation and Class 6, aggregate base as part of the street reconstruction is to provide a more structurally reliable driveway due to the poor existing soil conditions. • Additional common excavation and Class 6, aggregate base as part of the private driveway program is to provide a more structurally reliable driveway due to the poor existing soil conditions. • Repair of damage curb stop boxes has been requested by Saint Paul Regional Water Services. All costs associated with this work will be reimbursed to the City of Maplewood. Basis of Cost: ❑ Actual ® Estimated Original Contract: $1,816,784.00 Change This Change Order: $32,022.90 Revised Contract: $1,848,806.90 Approved Mayor Recommended Engineer Agreed to by Contractor by Its Title Packet Page Number 172 of 219 Agenda Item M3 Koh1man C�- - Vals �La ke e i��� �� F6 1 COUNTY ROAD C Koh1man 0 Park 0 U� C/') PALM Manufactured C � (/-) Housing F-- C/) Estates C) III 5 C- ry n ON CONNOR) C Ash.- CT. DEMO L AVE. 1 OPFW U) 1, C) BROOKS MKS 0 t 4 �4j ��� CT 112 � SEXTANT <Z i� ��`� � AVE. (60 GER� — - — ---------- — ----- — ---- . ........... — - — ----- . ..... Sp L 32 � Cn PROPOSED STREET IMPROVEMENT NO SCALE Capital Improvement Project for 2009 Carsgrove Meadows Area Street Improvements City Project 08-10 Packet Page Number 173 of 21 J Agenda Item M4 AGENDA REPORT DATE: July 6, 2009 TO: Jim Antonen, City Manager FROM: Terrie Rameaux, Human Resource Coordinator SUBJECT: 2009 Pay Rates for Temporary /Seasonal, Casual Part -Time and Paid - Per -Call Employee —Mid -Year Minimum Wage Amendment In May 2007, the U.S. Department of Labor amended the federal minimum wage law to increase the minimum wage over the next three years - -mid July of 2007, 2008 and 2009. The attached resolution reflects the increase in the minimum wage for several positions from the July 2008 rate of $6.55 to $7.25 per hour effective July 24, 2009. • FIT In accordance with the U.S. Department of Labor requirements for federal minimum wage, please forward the attached resolution to the City Council for adoption. Attachment Packet Page Number 174 of 219 RESOLUTION WHEREAS, according to the Minnesota Public Employees Labor Relations act, part - time employees who do not work more than 14 hour per week and temporary /seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full -time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary /seasonal, casual part -time (14 hours or fewer /wk) and paid - per -call employees effective July 18, 2009 upon Council approval. Accountant $10.00 -30.00 per hour Accounting Technician $9.00 -22.00 per hour Administrative Assistant $9.00 -23.00 per hour Background Investigator $25.00 -35.00 per hour Building Inspector $14.00 -35.00 per hour Building Attendant $7.25 -15.00 per hour Customer Service Assistant $7.25 -15.00 per hour CSO $8.00 -16.00 per hour Data Entry Operator $8.00 -12.00 per hour Election Judge $7.25 -12.00 per hour Election Judge - Assistant Chair $9.00 -15.00 per hour Election Precinct Chair $9.00 -16.00 per hour Engineering Aide $7.00 -16.00 per hour Engineering Technician $10.00 -16.00 per hour Fire Department Custodian $600 -690 per quarter Firefighter- Paid - Per -Gall $9.27, $11.60, $16.24 per run $18.00 per drill Firefighter - Paid -Per -Call - Paramedic Call Pay $32.48 per run Intern $7.25 -20.00 per hour IT Technician $15.00 -20.00 per hour Laborer $7.25 -14.00 per hour Lifeguard $7.25 -14.00 per hour Manager on Duty Differential $1.00 per hour Office Specialist $8.50 -18.00 per hour Paramedic $17.00 -22.00 per hour Receptionist $8.00 -16.00 per hour Recreation Instructor /Leader $7.25 -32.00 per hour Recreation Official $7.25 -30.00 per hour Recreation Worker $7.25 -18.00 per hour Theater Technician $20.00 -30.00 per hour Vehicle Technician $9.00 -15.00 per hour Video Coordinator* $11.00 -19.00 per hour Video Technician* $10.00 -18.00 per hour Water Safety Instructor (WSI) $7.50 -16.00 per hour WSI & Head Lifeguard Differential $1.00 per hour (Lifeguards or WSIs working as Head Lifeguards; Lifeguards working as WSIs) less. *Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours or BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. Packet Page Number 175 of 219 Agenda #M -5 AGENDA REPORT To: City Manager James Antonen From: Chief of Police David J. Thomalla Subject: Approval of Purchase of Mobile Shelving for the Property Room Date: July 6, 2009 Intrnrit irtinn City Council approval is being requested to expend funds to purchase mobile shelving units for the Police Department property room. C. R • • • The Police Department currently has an old system of fixed steel shelving. This system does not leave any room for reorganization or expansion. The current property and evidence room is full to a point where property /evidence is being stored on the floor. Property and evidence items are very hard to find in the current system which causes us to spend time finding things. That time could be better spent on other activities or tasks. TAB has provided a price quote of $23,489.62 to install a mobile shelving system. This system uses a rail system making the racks mobile so that more shelf space can be created in the same size room. The cost includes the equipment and the installation costs. TAB is on the State Contract for equipment and services and has installed their system in other police departments. They advise that the turnaround time is approximately 4 -6 weeks. Budget Impact The new mobile shelving system would cost $23,489.62. It is anticipated that it will be ordered within the week and installation would occur during the next 2 months. This project would be funded through the Justice Assistance Grant Stimulus program. Recommendation It is recommended that City Council approval be given to expend funds to purchase a mobile shelving system from TAB. Action Required Submit to the City Council for review and action. DJT:kc Packet Page Number 176 of 219 WV MI Packet Page Number 177 of 219 Customer Quote TAB /Wisconsin /Minnesota Tom Huberty 4445 W 77th Street #219 Ph: 800.829.1912 ext 201 Edina, MN 55435 Fax: 952.830.1917 AR , :t.. U P .. x Maplewood Police Department 07/06/2009 1830 County Rd B East Maplewood police Department Maplewood, MN 55109 31901100708 Kerry Crotty /651- 2492650 QTY Model Description Sell Price Ext. Sell Price Mobile System 2 M6000- 288 -4825 High Profile Mechanical 1,896.67 3,793.35 36 M600 Track With Grout 21.14 760.95 282 M608 Channels, Hardware And Grout 1.99 562.59 12 M610 Stainless Steel Threshold 9.07 108.87 24 M680 Anti -Tip Track With Grout 34.91 837.90 2 M694 Rail Stops (Pair) 26.60 53.20 2 M904 Hp Chain Guard Cover /End Cap 52.25 104.50 2 M913 Three Spoke Safety Handle, Locking 74.10 148.20 4 M915 Anti -Tip Bracket Kit 38.48 153.90 12 M972 Back To Back Shelf Support 21.14 253.65 Mobile System Totals 6,777.11 4 -Post Shelving 8 2497LC Upright L Closed 24 X 97 49.40 395.20 20 2497TO Upright T Open 24 X 97 37.17 743.37 4 3097LC Upright L Closed 30 X 97 57.00 228.00 1 B-4897 Back Std 48 X 97 65.08 65.08 268 HS -4811 Support HD11 48 4.72 1,265.36 144 PBLS -4824 Shelf Pb 48 X 24 Oak 12.54 1,805.76 14 PBLS -4830 Shelf Pb 48 X 30 Oak 14.87 208.14 48 SHS -4814 Support HD14 Single Rivet 48 4.02 193.12 4 -Past Shelving Totals 4,904.03 Custom pick list articles 282 9999 -55 -319 Fire retardant deck for Mobile System 1.99 560.05 1 RL -4897 Rollok Door 48wx97 with Lock 974.85 974.85 1 52253 Sfdr 5 -Comp Storage Cab w /drs ganglocks 865.35 865.35 36xl7x78 2 S3253 Spfr 5 -Comp Storage Cab w /drs ganglocks 869.40 1,738.80 42x17x78 1 ZA- 6948108 -5D HD Racking (5- Decks) 69w x 48d x1 08h 484.50 484.50 2 ZA- 9648108 -5D HD Racking (5 Decks) 96w x 48d x 108h 629.50 1,259.00 Custom picklist articles Totals 5,882.55 Sub Total 17,563.70 Tax 1,458.86 Install Price 4,467.06 Total Sales Price 23,489.62 Packet Page Number 178 of 219 Chief Thornalla & Sgt. Crotty, The following is your investment for a Spacesaver High Density Mobile Shelving System for storing the evidence in the remodeled and organized evidenced room. The system was designed with Chief Thomalla, Lieutenant Shortreed, Sergeant Crotty, and Technical Assistant Powell based on the specific storage needs of the Maplewood Police Department. Spacesaver has more than double the amount of installations than all of our competitors combined Of the 80 years in business Haldeman -Homme has been the exclusive dealer of Spacesaver for over 30+ years Our longevity and performance is a testament to the quality and value Spacesaver & Haldeman -Homme has provided its customers all these years. We are excited to be endorsed by Joe Latta and the TAPE for incorporating and being trained in on some of the best practices when it comes to evidence handling. In addition to a strong Public Safety Market presence we also support and sponsor the MN Chiefs of Police Association We had a lot of fun meeting new clients and catching up with some of our past clients this year in Duluth. Our success lies in the ongoing innovation and benefits it provides our customers, like you, to ensure the most functional, durable, and supportable product on the market. Bolded below are some of the key differences from our competitors that our Local, State, & County Public Safety Organizations recognize when choosing us as their High Density Mobile System dealer. + i'. 1"I C 5r €, e C tit 'yr kV,![_: I €_rl :�. : t. ,ir`,:. G 430 Industrial Boulevard, Minneapolis, MN 55413 612- 331 -4880 (phone) 800- 795 -0696 (toll -free) 612- 378 -2236 (fax) Packet Page Number 179 of 219 • Provided Rail is L. Rail which is of a one piece cold rolled steel rail not riveted or pressed into the center of a U- channel steel base, to best ensure that the rail won't separate from the base over years of continual use • The ends of adjoining Rails have a Tongue and Groove Splice on both sides of rail splice to ensure the best proper alignment and reduced system wear and tear • • Rails have machined leveling screw holes along the length. Leveling screws allow the Spacesaver rail to be leveled along the length and plumbed. Other manufacturers rely on shims for rail leveling Shims are not as precise as leveling screws and cannot level a rail from side -to -side. Unleveled or out of plumb rails may lead to premature guidance problems or failure • To minimize Rail deflection and help disperse wheel point loads to maximum floor areas, rail installation is completed with non - shrink, continuous Grout under the entire rail. This step ensures that the rails fully supported to remain level and bear the heavy loads common with a mobile system • A 314" recess for positive alignment and secure mounting of storage housings are built into the Carriages so they don't shift or become dislodged from the carriage which can result in shelving tipping over • Unit fully welded Carriage construction provides greater strength and rigidity • Exclusive Carriage design with increased structural surface area to maximize system strength • Spacesaver's Mechanical Sweep provides safety for users and objects on the floor of an aisle with a pressure sensitive, hinged panel running the length of each carriage at foot level 430 Industrial Boulevard, Minneapolis, MN 55413 2 612- 331 -4880 (phone) 800- 795 -0696 (toll -free) 612- 378 -2236 (fax) Packet Page Number 180 of 219 SPACUAVER 07tiFFI t3AIVE SYNCHRO DRIVE SB AfT SYSTEMS • Unlike line shaft systems a "Synchro Drive" reduces the likelihood of "racking" common with longer and uneven loaded carriages (See Norpac 3 rd Party Engineering Study) • Built in anti -tip with the "Synchro- Drive" not only prolongs system life but also best protects the evidence from falling off the of shelving from jerky "racking" movements that can occur with dual flange systems • Easier carriage movement due to better alignment and reduced friction commonly caused by uneven carriage movement. In addition to the 5 year warranty provided with all Spacesaver systems, the system will be installed by factory trained and certified installers whose primary focus is installing these systems. This helps us provide the quickest and most professional finish to our systems. Our customers also enjoy the security of a dedicated support and maintenance department that is on call 2417 to provide help or emergency support as needed. Please see attached drawing and 3rd Party Quality Engineering Studies and Drawing for more details Records Storage Area o Mechanically Assisted Mobile System • (2) 24'ft long mobile carriage runs; 48" deep back -to -back; 4 -Post Open Shelving; with 6 openings • (2) 24'ft long stationary runs; 48" deep back -to -back; 4 -Post Open Shelving; with 6 openings • 7 -ply moisture resistant finished plywood • Rounded corners on shelving for smooth safe finish • Durable powder coat paint finish • Ergonomic Crank and automatic chain tensioner for smooth carriage movement • Safety Sweep to protect both end user and material on the ground from a closing carriage ■ Option for secured and separate Narcotics, Handgun, Long Gun storage 430 Industrial Boulevard, Minneapolis, MN 55413 612- 331 -4880 (phone) 800- 795 -0696 (toll -free) 612- 378 -2236 (fax) Packet Page Number 181 of 219 Similar Organizations that have purchased Spacesaver sole source off of the MN State Contract: Hennepin County Sheriff, Eden Prairie PD, Anoka County Sheriff, City of Savage PD, City of Woodbury PD, Price Per Minnesota State Contract (44% Off Shelving List Price): #S- 917(5) Maplewood Evidence Shelving (with Roller Guidance, Synchro Drive, & Grouted L. Rail) $ 33,355.62 • Heavy Duty Shelving $+ 415.48 • Lockable Long Gun Shelving (per section) $+2,052.08 • Lockable Hand Gun Shelving (per section) $+1,365.05 • Lockable Narcotics Shelving (per section — 2 sections provided) $+ 974.78 Grand Total: $ 39,137.79 * All Material, Equipment, Freight and Installation Included ANY APPLICABLE TAX TO BE ADDED TO THE INVOICE ■ Shelving installation and service provided by factory trained and certified installers ■ Dedicated local service department with emergency service call line ■ Spacesaver standard 5 year warranty ■ Spacesaver lead time is 4 -5 weeks of final approvals ■ Quote is good for 30 days ■ Excludes floor covering ■ Site will provide staging area for materials andlor any storage needed TERMS: Net 30 Days ACCEPTED: Company Name Date RESPECTFULLY, HALDEMAN- HOMME, INC. Doug Schmitz, 612.362.2126 Terms and Conditions General These terms and conditions are a component part of the attached proposal and constitute the entire agreement between Haldeman - Homme, Inc. / Anderson Ladd (HH(AL) and the Customer. By signing the proposal, the Customer acknowledges that they understand and accept the proposal and the following Terms and Conditions. All work shall be done in accordance with the attached proposal unless otherwise provided for in writing and signed by HHlAL. Applicable sales, excise and use taxes are not included unless otherwise stated in the proposal. Customer hereby agrees to furnish tax exemption certificates when requested on non - taxable materials. Delivery, handling and freight charges are not included unless otherwise stated in the proposal. Site Conditions Customer agrees to provide HH1AL with sufficient and timely unloading facilities, dock and elevator access as needed at no additional cost to HHlAL. Customer shall provide temporary, secure storage for materials prior to installation. Customer shall provide adequate electrical power, lighting, water and restroom facilities during installation. Customer shall provide area that is free and clear and prepared for installation. A smooth, level and clean sub -floor shall be provided according to the specifications or as required by HHlAL. Maintain environment at proper temperature (55 -80 degrees F.) and humidity (35 -50 %) before, during and 30 days following installation. 430 Industrial Boulevard, Minneapolis, MN 55413 612- 331 -4880 (phone) 800- 795 -0696 (toll -free) 612- 378 -2236 (fax) Packet Page Number 182 of 219 Delays due to circumstances beyond the control of HH /AL shall entitle HH /AL to an equitable adjustment of the contract price. Acceptance This proposal may be accepted within 30 days subject to credit approval. HH /AL reserves the right to revoke this offer prior to acceptance by customer. Installation This proposal assumes unloading and elevator use shall be conducted during normal business hours. This proposal is based on completing the work during normal business hours. Overtime, evening and weekend work is available at additional charge. Engineering All engineering, proposal drawings, specifications shall represent HH /AL's investment in engineering skill and development and remain the property of HH /AL. Such are submitted with the understanding that the information will not be disclosed or used in any way detrimental to HH /AL interests. Changes Any requests for changes to the scope of work shall be made in writing with signed acceptance by authorized personnel from HH /AL and Customer. Liability HH /AL shall not be liable for damages in any form or any other claim arising out of strikes, floods, fire, accidents, or any other causes beyond our control. HH /L shall not be liable for liquidated, consequential or other damages or penalties of any kind for delays in completion of work. Payment Payment terms are net 30 days unless otherwise stated in the proposal. A down payment may be required. A service charge of 1 %% per month will be charged on unpaid balances beyond 30 days. Customer agrees to pay progress- billing invoices within 30 days during the course of the project reflecting partial shipment of material and /or partial completion of labor work performed. Where materials are stored or staged temporarily at the job site or in offsite or bonded warehouse, customer shall pay for materials and reasonable storage charges. The failure of the Customer to make payments shall entitle HH /AL, in addition to all other rights, to suspend all work and shipments and shall further entitle HH /AL to an extension of time of performance of the work. Disputes Customer and HH /AL hereby agree that disputes between the parties which cannot be settled amicably, shall be settled by litigation. Cancellation Customer requests to cancel all or a portion of the contract must be approved in writing by an officer of HH /AL. In order to compensate HH /AL for its investment in engineering, time, processing and administrative work, approved cancellations shall be subject to cancellation charge of 25% of the contract amount over and above cost of materials produced or in production, labor or other services performed, freight, taxes and any other out of pocket expenses incurred by HH /AL. Warranty THE MANUFACTURER EXPRESS WARRANTY IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY HH /AL. Insurance HH /AL maintains insurance and will provide certificates of insurance if requested on coverage and limits as provided by its insurance policy. No other insurance coverage is provided including waiver of subrogation or additional named insureds. Codes Customer, architect and /or contractor shall be responsible for all local, state and federal agency code compliance, permits, fees, design, engineering and testing. HH /AL does not provide professional liability insurance for any of these services. Costs for any and all such services are not included in this proposal. Initial 430 Industrial Boulevard, Minneapolis, MN 55413 612- 331 -4880 (phone) 800- 795 -0696 (toll -free) 612- 378 -2236 (fax) Packet Page Number 183 of 219 m ?ac a# Page btu ber 184 of 219 _ ....... «..... .. ....v ..}... v..... f .. .. ........ ....... r � MAPLEWOOD PD «H ,.:. m ?ac a# Page btu ber 184 of 219 91, 8 01:1 0 .1 A ILIA 9 1911 � FTA WN I-W 91111:6 a M al 0 .1 M KITA I IF-TA 91*111 11 FEATURE I BENEFIT 1 11 Low profile, 13116" (21 mm) / Ensures that the rail won't separate from the 1 Increases the amount of vertical space that with bar stock rail welded into the height, can be used for storage, construction. Hard 1045 a Vpl stock rail U-channel base features powder Harder steel means that rails will wear Im construction. stand up to the wear and tear of heavy usage. and last longer than traditional 1018 bar stock Interlocking braces and bolted 4 Provides carriage operation that is rails. consistently smooth and reliable. III Precon leveling screw Rails extend under stationary OFHas infinite adjustability versus shimming. adjustability, heights will be equal, providing a homogenous Provides accurate rail installation which construction, leveling screw I f inished appearance. ensures long term system reliability. and r)ermanent floor anchors...,., Flush -with -floor rail installation I Allows carts to roll smoothly in the system's with narrow 1, (13 mm) wl � aisles. Single piece welded construction / Ensures that the rail won't separate from the with bar stock rail welded into the base. This provides unitized, strong center of the U-channel, construction. U-channel base features powder 1 Powder coat paint features the durability to coat paint finish, stand up to the wear and tear of heavy usage. Interlocking braces and bolted 4 Provides carriage operation that is connection splice joints. consistently smooth and reliable. Rails extend under stationary ( Assures all carriage, shelving and face panel platform$. heights will be equal, providing a homogenous construction, leveling screw I f inished appearance. Rails have continuous grouting. OEM= recessed in concrete. concrete. ell Grout is non-shrink, III high- Eliminates voids or gaps caused by strength, hydraulic polymer shrinking. mixture Provides total rail support. Grout has &000 lb, P31 (1428 1 Will not fracture, disintegrate or fatigue kgfcml) compressive strength under long term heavy cyclic stressing loads. hen cured, Prevents debris from lodging in the guidance Single piece welded All work together to ensure long term construction, leveling screw system dependability adjustability, continuous grouting and r)ermanent floor anchors...,., Ability to recess mount in floor, I Provides flush floor installation. � ( Allows maximum use of ceiling he! upironal Torm cover Tor rails ir Froliects ran criannei openings wrien pouring recessed in concrete. concrete. ,t Allows f uture rails to be recessed into the concrete when it is initially poured and the form cover can protect and cover the rail until it is actually used. Optional rail/floor neoprene filler Gives the rails a finished appearance. on both sides of the rails filling Prevents debris from lodging in the guidance the guidance channels flush to channels. the tot) of the rails, 1 Makes housekeWina easier. 430 Industrial Boulevard, Minneapolis, MN 55413 612-331-4880 (phone) 800-795-0696 (toll-free) 612-378-2236 (fax) 7 Packet Page Number 185 of 219 vi Pon V-\ a Sf i n n Pon 2i(. 'Sherh . irnp A . , S, $t ��"t il i'i Q I Wx PhYYY 3W 295 M, FsY 611 297 190'.3 • Fw - 1A W F!j 0 cc irmnuou w w mQ� 1 ,( i Aie- hljfjt--a�cu "lda z 1 1 A2 7 qJTc JFJ N F M, 5TAj 7 PFRODUC Trspiln/; u, WINTRAG 1011"IfUt jUNE !'�, t 11 _) 1_1 1 "1 I JU H E 1 , 21 O 8 04-1 0,C)P45j: 1.1' 1'C') 1 S --Vll`Y'4 i I °3 A(J'14 HZ511'401NI f a LEA I i (AN 1-:: lt. '.'i 110 . .',:." 1 41 i % 41 Mill -: 1 e6a. h'p. 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TV' At..' ved m dj4�j ( I C W DOf mrr [Now: =-QU Am: ;qq, 430 Industrial Boulevard, Minneapolis, MN 55413 IVITUYUN(phom) 800- 795 -0696 (toll -free) 612-378-2236(fax) IBM Packet Page Number 188 of 219 CONTRAC r VFewinrk I RAG I I �IAIAN,A]Afl Fff FAE, plu KIN ARO K� F?,1V C109 602 R1 "A 430 Industrial Boulevard, Minneapolis, MN 55413 612-331-4880 (phone) 800-795-0696 (toll-free) 612-378-2236 (fax) Packet Page Number 189 of 219 AGENDA NO. M -6 AGENDA REPORT To: Jim Antonen, City Manager From: Bob Mittet, Finance Director Date: July 8, 2009 Re: Approval of Transfers for 2008 BACKGROUND As the 2008 audit draws to a conclusion, three funds have small residual balances that staff requests permission to transfer to the General Fund. These funds and the proposed transfers are as follows: Buffer Zone Protection Grant Fund Justice Assistance Grant Fund Law Enforcement Block Grant Fund $1,274.22 26,353.59 385.69 Transfer to General Fund '; i 1 These transfers were requested by our auditors during the CAFR preparation. The funds listed above are not currently used and these transfers will have the effect of closing the funds. RECOMMENDATION: Staff recommends approval of these transfers as of December 31, 2008 and closure of the funds. Packet Page Number 190 of 219 Agenda Item M7 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer SUBJECT: Approval of Geotechnical Services for Stillwater Road Improvements, Project 09 -04 DATE: July 6, 2009 INTRODUCTION Geotechnical services are required in order to proceed with the sidewalk and drainage improvements along Stillwater Road from Lakewood Drive to Century Avenue. Since the expenditure for services exceeds $10,000, council approval is required. A copy of the full proposal can be requested from the Engineering Department. BACKGROUND The soil boring and geotechnical investigation services will be covered within the project budget. The council previously authorized expenditures for this project in the amount of $60,000. This project was also awarded $800,000 in stimulus funding and is on an accelerated schedule. A public hearing will likely take place in late July or early August and coordination continues with the property owners along the corridor. RECOMMENDATION Braun- Intertec has done reputable business with Maplewood on past City capital improvement projects and we believe that they will continue to do so and the firm has historically been the low bidder on similar type projects. It is recommended that the Council authorize a contract with Braun Intertec for soil borings and a geotechnical evaluation for the Stillwater Road Improvements in the amount of $14,259.00. Attachments: 1. Braun Intertec Quote 2. Location Map Packet Page Number 191 of 219 Agenda Item M7 Attachment 1 Braun Intertec Corporation Client: Project : Stillwater Road Improvements, Maplewood, MN Braun Intertec Proposal No; SP -09 -02795 Prepared: 71112009 Service Description: Qty: Units Unit Price: Exten sion:' Drilling Services 9 Hand Auger Borings to about 3 -4 feet 10.00 Hours 100.00 1 000.00 ----- s ..--- ..__- ___- ______-- 24.00 _.__.._______ Hours ------ 65.00 1,560.00 Truck -or skid mounted drill rig, per hour 12.50 Hours 182.00 2,275.00 Warning signs 1.00 Each 150.00 15 0.00 Mobilization 1.00 Each 522.00 522.00 ---- - - - - -_ Trip Charge _. 4.00 -- - -- Each 30.00 ---- _. - - -- 120.00 Phase Total: $ 5,627.00 Soil Observations & Testing Moisture content (Astm D 2216) 20.00 Tests 12.00 2 40.00 Atterberg Limits: LL and PL (ASTM D 4318) 10.00 Tests 80.00 800.00 Sieve analysis through No. 200 Sieve (ASTM C 136, D 1140 or C 10.00 Tcsts 97.00 970.00 117) Organic content (ASTM D 2974) 5.00 T est s 55.00 275.00 Proctor Test (ASTM D 698 or ASTM D 1557) 3.00 __ Tes ts 136.00 _ 408.00 Hveem stabilometer R -Value (MN /DOT) 3.00 Tests 336.00 1,008.00 Phase Total: $ 3,701.00 Staking, Util Clear & Meet on Site Site layout and utility clearance 6.50 Hours 78.00 507.00 Trip charge 1.00 Each 30.00 30.00 Phase Total: $ 537.00 Engineering Consulting Services Project Engineer 25.00 Hours 115.00 2,875.00 Senior Engineer 8.00 Hours 1 30.00 1,040.00 Project Assistant 5.50 Hou 64. 00 352.00 Soil Boring location sketch(to scale) 1.00 Each 127.00 127.00 Phase Total: $ 4,394.00 Estimated Project Total: $ 14,259.00 `fable I: Estimated Costs Page 1 of 1 Providing engineering and environmental solutions since 1957 Packet Page Number 192 of 219 Agenda Item M7 Attachment 2 STILLWATER ROAD (T.H. 5) SITE MAP Packet Page Number 193 of 21 ri Estates �. L ELKHEART LN . DOL HIN DR o AVE cfn) TILSEN c-2, � w COYOTE LN I ANTELOPE WAY - L - , j J 2 AMBERJACK LN AVE BISON j ry LN 3 BEAVERD ct� TILSEN CT. I >- LU ALE RD� i LLJ < L- 4 BOBCA \2 a-_ T LN 0 1 3: Lij 5 COUGAR LN LLI !,I HAWTHORNE AVE. 4 5 C) >- ry E. MARYLAND AVE. �V7E. Q rF ROSE AVE. TERLING CR STERLING LN n; U) BEAVER CREEK PKWY C) LLj H U) W,// G V) 6 C7 G E N/ n 0 8 0 �Ll�_ 0 MAGNOLIA Geranium C/') Beaver < z Pork Lake nr l LLJ PL. Cn 01: < C/) r 1: HARVESTER AVE� CASE AVE. LLJ Li Li Li L' 7 o BRAND BRAND AVE. ry ry S ' --- - - _ _ -- m ST. 2 Gethsemane d Park VGethsemone:' Park Cn Maplewood 7th ST. Nature 7th ST. --J Center OLIVIA CT. C/) A ry BUSH A�Vry I I LLJ LL, > > k! " AVE. OL d i Cc! L ! 1 E. MINNEHAHA . � F C/') C/) 34 MARGARET AVE. PROPOSED IMPROVEMENT AREA NO SCALE STILLWATER ROAD (T.H. 5) SITE MAP Packet Page Number 193 of 21 ri Agenda Item M8 TO: James Antonen, City Manager FROM: Karen Guilfoile, City Clerk DATE: July 8, 2009 SUBJECT: Resolution Accepting Youth Scholarship Donation — Jerome and Audrey Hughes .....2 A donation has been have received from Jerome and Audrey Hughes in the amount of $100 for the Youth Scholarship fund. The donations made to the Youth Scholarship fund will be used to provide a 2/3 reduction of the cost for youths to participate in recreation programs offered by the City of Maplewood. Recommendation It is recommended that the Maplewood City Council accept the donation from Jerome and Audrey Hughes in the amount of $100 and thank them for the gracious donation. Packet Page Number 194 of 219 RESOLUTION WHEREAS the Citizen Services Department - Recreation has received a $100 donation from Jerome and Audrey Hughes for the Youth Scholarship fund; and WHEREAS this fund provides a 213 reduction of the cost for youths to participate in recreation programs offered by the City of Maplewood; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the Citizen Services Department - Recreation to accept this $100 donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on SIGNED: WITNESSED (Signature) (Signature) Mayor City Clerk (Title) (Title) (Date) (Date) Packet Page Number 195 of 219 Agenda Item M9 TO: James Antonen, City Manager FROM: Karen Guilfoile, City Clerk DATE: July 8, 2009 SUBJECT: Resolution Accepting Youth Scholarship Donation — Bruce and Marjorie Cuthbert .....2 A donation has been received from Bruce and Marjorie Cuthbert in the amount of $250 for the Youth Scholarship fund. The donations made to the Youth Scholarship fund will be used to provide a 2/3 reduction of the cost for youths to participate in recreation programs offered by the City of Maplewood. Recommendation It is recommended that the Maplewood City Council approve the attached resolution; and accept the donation from Bruce and Marjorie Cuthbert in the amount of $250 and thank them for the gracious donation. Packet Page Number 196 of 219 RESOLUTION WHEREAS the Citizen Services Department - Recreation has received a $250 donation from Bruce and Marjorie Cuthbert for the Youth Scholarship fund; and WHEREAS this fund provides a 213 reduction of the cost for youths to participate in recreation programs offered by the City of Maplewood; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the Citizen Services Department - Recreation to accept this $250 donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on SIGNED: (Signature) WITNESSED: (Signature) Mayor City Clerk (Title) (Title) (Date) (Date) Packet Page Number 197 of 219 Agenda Item M10 TO: James Antonen, City Manager FROM: Karen Guilfoile, City Clerk DATE: July 8, 2009 SUBJECT: Resolution Accepting Youth Scholarship Donation — Bruce Mogren, Incorporated fl .....2 A donation has been received from Bruce Mogren, Incorporated in the amount of $100 for the Youth Scholarship fund. The donations made to the Youth Scholarship fund will be used to provide a 2/3 reduction of the cost for youths to participate in recreation programs offered by the City of Maplewood. Recommendation It is recommended that the Maplewood City Council approve the attached resolution; and accept the donation from Bruce Mogren, Incorporated in the amount of $100 and thank them for the gracious donation. Packet Page Number 198 of 219 RESOLUTION WHEREAS the Citizen Services Department - Recreation has received a $100 donation from Bruce Mogren, Incorporated for the Youth Scholarship fund; and WHEREAS this fund provides a 213 reduction of the cost for youths to participate in recreation programs offered by the City of Maplewood; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the Citizen Services Department - Recreation to accept this $100 donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on SIGNED: (Signature) WITNESSED: (Signature) Mayor City Clerk (Title) (Title) (Date) (Date) Packet Page Number 199 of 219 Agenda Item N1 AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director Doug Taubman, Parks Manager SUBJECT: Council Approve Funding from 2009 CIP Projects PM07.010 and PM08.040s for Park Improvement Projects: a) Replacement of Lights on Goodrich Park Fields 2 and 3 b) Resurfacing of Vista Hills Park Tennis and Basketball Courts DATE: June 30, 2009 INTRODUCTION Two park improvement projects have been identified by staff and the Park and Recreation Commission as being critical to the continued operations of recreation division programs as well as meeting the needs of residents. The projects identified are as follows: a) Replacement of Lights on Goodrich Park Fields 2 and 3 b) Resurfacing of Vista Hills Park Tennis and Basketball Courts BACKGROUND The Goodrich Park lights were installed in 1977 and no longer provide sufficient lighting for today's game. New technology in bats and balls, combined with today's players being bigger and stronger, has made our lights obsolete and a safety concern for the players. The park maintenance plan calls for resurfacing the tennis and basketball courts in two parks each year. This maintenance plan puts us on a schedule of resurfacing basketball and tennis courts every five years. Several courts are in need of repairs and resurfacing, however, due to programming needs and court use Vista Hills courts have been identified as the top priority. Funds in the amount of $60,000 have been allocated in the 2009 CIP for park improvements. CIP Project Number PM08.040 identifies $25,000 in funds for General Replacement of Park Equipment, Fences, Courts, etc. and CIP Project Number PM07.010 identifies $35,000 in funds for Community Field Upgrades. DISCUSSION Goodrich Field Lights The technology in our Goodrich Park field lights is more than 30 years old and is no longer adequate or safe for today's game, player, and equipment. We currently have 52 -1000 Watt High Pressure Sodium Lights at Goodrich Park which produce a dim yellowish light that does not provide enough light for players to be able to safely see the ball. New technology in bats and balls, along with players being bigger and stronger, creates a situation where the ball comes off the bat at tremendous speeds making for unsafe playing conditions. For several years the lights at Goodrich Park have been the number one softball related complaint received by staff. (See Attachment A) Staff is proposing to replace the existing lights with 52 - 1000 Watt Metal Halide lights which produce a significantly brighter white light, energy savings, and safer playing conditions. Packet Page Number 200 of 219 Consideration should also be given to the scope of this program. During the 14 week summer program we have over 100 adult teams playing 50 plus games per week. Each team typically has 13 or 14 players which translates to well over 1,300 players on these fields each week. The fall softball program, which is not quite as large as the summer program, has 40 plus teams, and 500 plus players playing approximately 50 games per week for five weeks. It is important to recognize the significance of this program in the recreation program budget. The summer and fall softball programs annually produce in the neighborhood of $72,000 in revenue with $32,000 in expenditures. The $40,000 of excess revenue provides a vital subsidy to overhead costs and non - revenue producing programs. It is important that we recognize that adult softball operates in a competitive market and that we need to provide safe and attractive facilities or we risk an exodus of teams. Staff has secured three estimates for the replacement of the light fixtures at Goodrich Park. The low estimate of $49,969 for this project is from Keller Electric, Inc. (See Attachment B) Resurfacing Vista Hills Tennis and Basketball Courts Many of our tennis courts are in need of resurfacing and repair. Staff has identified the courts at Vista Hills and Maplecrest Parks as the top priority for this year. The determination of which courts to resurface and repair was based upon the needs of the community and recreation programming staff. Vista Hills is our primary lesson court. Each year, from May through August, the Recreation Division enrolls approximately 135 participants in 15 to 20 tennis classes. Many of these participants also use these courts for recreational play. The low estimate for the Vista Hills Park courts came from Finley Bros., Inc. in the amount of $11,970. (See Attachment C) In CIP Projects PM07.010 and PM08.040 the City has a total of $60,000 in the 2009 CIP for park improvement projects. The total cost of the two projects recommended by staff and the Park and Recreation Commission is $61,939. Monies exist in the Park Development Fund to complete these projects. The City has applied for $10,000 through the Energy Efficiency and Conservation Block Grant to be applied to the Goodrich Park light project. This $10,000 grant will help offset the costs for the replacements of the lights. RECOMMENDATION Staff recommends the council authorize the Community Development and Parks Director to enter into a contract with: a) Keller Electric, Inc for Goodrich Park lights: b) Finley Bros., Inc. for the resurfacing of the tennis and basketball courts at Vista Hills Park. Packet Page Number 201 of 219 Funds in the amount of $60,000 have been allocated in the 2009 CIP for park improvements - CIP Project Number PM08.040 identifies $25,000 in funds for General Replacement of Park Equipment, Fences, Courts, etc. and CIP Project Number PM07.010 identifies $35,000 in funds for Community Field Upgrades. Staff further recommends that we use these CIP monies for the above identified park improvement projects at Goodrich and at Vista Hills. Attachments A - Letters of Support B - Light Replacement Bids C - Tennis Court Bids D — Photos Packet Page Number 202 of 219 Page I of I Doug Taubman From: Duane Lundgren ODuane.Lund0non@bumrWe.uon) Sent: Monday, June O1.2OO92:31PK8 TO: Doug Taubman Subject: field conditions at Goodrich fields |am taking this time to make you aware of a very serious problem at Goodrich 2 and Goodrich 3 fields. |hove played in the Maplewood since the 1Q7Oo This past year | lost two ofn?y better players because of the lighting conditions at these two fields. They are both outfielders and had told mu that itis dangerous |n the outfield once the lights come on. This would involve 8 and 9pm games or if the weather is such that the lights have to be turned on. It's a combination of the color of the lights and how tall they Last year one cf these players took e ball into the chest because of the lighting. He at that time said to me "this is the last year for me on these fiu|dn.^ He opted not ho play this year and took his twin brother with him to the Lakewood fields by the YMCA. They are both in a Thursday night D league. Many of the guys are trying to encourage me to switch to those fields next year. I have played in the Maplewood program for well over 30 years. I would like to stay in the same program with all the teams I have come to know. I implore you to do something about the lighting for the safety of the players and the well being mf the leagues in the future. Thank You, 30 yrs Duane Lundgren Softball Mgr and player for over Packet Page Number 2O3of219 Page I of 1 James Taylor From: Ben Stewart [homesbyben@yahoo.com] Sent: Tuesday, May 19, 2009 4:21 PM To: James Taylor Subject: Goodrich Softball Fields - Lights Dear Mr. Taylor, I am the manager for my softball team that plays in the Tue. nights Men's D League (Summer & Fall ball) at the Goodrich fields in Maplewood. We have now played in the league many years, and have recently heard the lights may be replaced. I strongly urge this to be done, due to the fact the current lighting is not sufficient, and it poses a safety risk to all the players. When the sun goes down, the orange glow the lights give off makes it difficult to track the ball, from the infield & outfield. I feel the Goodrich field lights are over-due to be updated and replaced. Thank you for your attention to this matter. =-. 4 Ben Stewart For people —who expect snore from their Realtor! Edina Realty 2137 4th Street White Bear Lake, MN 551 Direct: 651-271-0877 Email: HomesBvBenQ),vahoo.com Check out my New Website! - www.BenStewart.EdinaReaW.com Of all the people you know, who would be the next to move? Page I of I From: JeffDick-Home [jeff.dick@comcast.net] Sent: Friday, May 29, 2009 10:06 AM To: Doug Taubman Subject: Lighting at Goodrich mam My name is Jeff Dick with Team Pig softball. Our team has been playing mens softball at Goodrich for about 20 years. Over this period, I've heard countless negative comments about the "yellow" lights. The comments have to do with the difficulty seeing the ball during night games. I'm an outfielder and I have extreme difficulty seeing the ball during night games. I was talking to a couple infielders from our opponent's team just the other night and they were commenting how difficult it is to "pick up" the ball off the bat with the current lighting. As you know, with the current bat technology combined with the strength of the players, the balls are leaving the bats at tremendous speeds that seem to increase every year. Frankly, I'm amazed I haven't heard of any serious injuries due to the poor lighting. Please know that you have my support for your proposal to improve the lighting at the Goodrich ball fields. Thanks for all you do. Jeff Dick Team Pig Softball 651.2463661 Packet Page Number 205 of 219 James Taylor Maplewood Park & Recreation Dear Sir: May 20, 2009 I am the Umpire-in-Chief for the Maplewood Adult Slowpitch softball program, and also umpire 15 hours each week a1 Goodrich Fields, inMaplewood. I am writing to call your attention to the lighting problem at Goodrich Fields. Instead of bright, white lights, which most parks have, Goodrich has dim yellow lights. These lights do not adequately illuminate the fields and, because of that, cause some serious health hazards to the players. Because players cannot see the ball as well as they should, their reaction time is slowed considerably, thus raising the possibility of being hit with the ball, and seriously injured. There have been numerous minor injuries that have occurred due to the poor lighting, and, at some point, someone is going toget hurt seriously, and the city will be facing a potentially costly lawsuit. in addition, I know that some teams have left the Maplewood leagues, and gone to other cities, for the only reason that the lighting in Maplewood issopoor. Of course, the poor lighting makes the umpires'jobs harder, as well, since it is very difficult to see in the outfield, to determine if some balls are being caught, ortrapped. Anything you can do to alleviate this problem would be greatly appreciated. Thanks! Mike Miller Independent Sports Network Packet Page Number 2O0of219 M-MRATITI-Traw Keller Electric, Inc. Max Gebhard (612) 414-1081 - Cell City of Maplewood Parks and Recreation Department Attention: Doug Taubman — Parks Manager Project: To install new fixtures at Goodrich Ball Fields Proposal: To remove the existing 52 —1000 Waft High Pressure Sodium fixtures and install 52 — 1000 Waft Metal Halide Sportsliter fixture with polycarbonate shield. New wiring from Sportsliter fixture to existing poles. Total: $49,969.00 to include fixtures, wiring, labor. (Bid good thru June 7, 2009, on Sportsliter fixtures) Note: Old light fixtures to be recycled by the City of Maplewood. Date Submitted Packet Page Number 207 of 219 HUNT Electric Corporation May 11 th , 2009 Doug Taubman City of Maplewood RE: Goodrich Ball Field Lighting Upgrades Doug, Hunt Electric is pleased to provide you with pricing for the above-mentioned project. Our price for this work is $61,285.00 and is based on the following scope of work. Included in our scope • Disconnect and remove (52) existing 1000W HPS light fixture (turn over to owner for disposal) • Furnish and Install (52) new 1000W MH light fixtures (see attached cut sheets) • Furnish and Install new wiring from the light fixtures to the poles • Aim all new fixtures based on a factory provided aiming schedule • Applicable sales tax, permit fees and lift rental costs Excluded from our scope • Premium time labor • Unforeseen delays due to field conflicts • Restoration costs to field due to wet/soft soil conditions Terms and Conditions • Pricing valid for 30 days • Pricing based on straight time labor (unless otherwise noted) Thank you for the opportunity to service your electrical needs. If you have any questions feel free to contact me at 651-643-6627 or via e-mail at KcolvardCa)-huntelec.com Sincerely, HUNT ELECTRIC CORPORATION I Keith Colvard Project Manager/ Field Labor Coordinator Special Services Division Phone (651) 646-2911 ♦ Fax (651) 643-6575 + 2300 Territorial Road ♦ St. Paul, MNFWkt4 F0aV&Akkmh6el&8coh9 19 Craig Gallop Musco Sports Lighting April 28, 2009 Doug Taubman Park and Recreation Department City of Maplewood 1830 County Road B Maplewood, MN 55109 Re: Lighting of Goodridge Park Softball Fields #2 and #3. Phone: 763/533-2030 Far 763/525-0070 E-mail: craig.gallop@musco.com PO Box 27231 Golden Valley, MN 55427 WWWAUSCO.Com It was nice seeing you again and viewing the softball field lighting at Goodridge Park. There are presently 26 high pressure sodium fixtures lighting each field. I estimate that the light levels are about 20 footcandles infield and 10 footcandles outfield. If we replace the lighting with the Musco Sportscluster Green lighting system, we will be able to reduce the fixture count to 18 fixtures per field and increase the field lighting to 30 footcandles infield and 20 footcandles outfield. In Addition to the significant increase in field lighting, the Musco Sportscluster Green system would eliminate 90% of unwanted spin and glare light as compared to your existing fixtures. This will make the lighting environmentally friendly to surrounding residential areas and eliminate sky glow. There would be a significant reduction in utility usage provided by the Light-Structure Green system. It is estimated that over the 10 year warranty period, the City will reduce total energy consumption by 132,732 kwh and will eliminate 95.3 metric tons of CO2 from the environment. The estimated cost of the Sportscluster Green lighting system installed for both fields is $88,000 - $93,000. This does not include the Control-Link wireless control system which would be an add of $7,480. The costs assume that the existing underground wiring and switch gear are not in need of replacement. Please let me know if there are any questions or if more detailed information would be helpful. Sere V 4/ 1 Hop Craig G Hop 05/11/2009 01:05 9529336164 Quotation (05-10-09) To: Maplewood Parks Maintenance Dept. 1830 Cty. Rd. B Maplewood, Mn. 55109 Attn: Mark Maruska C.) 612- 581 -6523 Fx.) 651 - 249 -2409 PAGE 02/03 Attachment C From: Finley Bros. Inc. d.b.a. Tennis West P Q Box 677 Hopkins, Mn. 5534 o.) 952- 933 -8272 fx.) 952- 933 -6164 Re: Resurfacing a battery of two (2) tennis courts and a full court basketball court at Vista Hills Park. Approx. 110'x 180' Descrialion o work: Pressure wash, manually scrap, and treat for mold & mildew. Clean, treat, and fill cracks. Cracks are mechanically routered and no sand is used as back fill! Note do to the nature of structural cracks, there permanent repair can not be guaranteed. They will reflect. Patch and level "bird bath" areas. Max. three (3) applications under base bid. Install Nova USA Surface System for existing acrylic over asphalt Construction. Filler/ binder coat, texture coat and finish coat. Color(s): Green playing court with red border. Striping: 2" white playing lines for tennis and basketball. Total Base Bid ................. ............................... Respectfull u t d, R 0 d Finley c.) 612 -3 3 -3004 Estimate accepted: Packet Page Number 210 of 219 SIM# Vaopp I< "VIBNa' E O partment 9 M 15, 2009 Wo Pe 8 Irs ATt' CELL # WORK # a Na 249-2409 ruska W- STREET JOB NAME 1830 County Rod B Vista Hills Park CITY STATE, AND ZIP CODE JOB LOCATION Maplewood MN 55109 Maplewood MN MAP LOCATION We hereby sub 't s d imates for % repair a mates b Battery of two Asphalt Tennis Courts and one Basketbal Court Power wash. Patch areas holding over a nickel's depth of water after one hour's draining and drying time. Fill cracks. Apply one coat filler coat binder (black). Apply one coat sand filled texturing course (red & green). Apply one finish coat (red & green). Stripe per USIA rules. Two tennis and one full basketball. 100% acrylic system for tennis (sportmaster system). We Propose hereb to furnish material and labor - complete in accordance with above specifications, for the sum of; Twelve-thousand-four-hundred-sixty & 00/ 100----------------- ------------------ - - - - -- 12,460.00 - — dollars($ — Payment to be made as follows; Net Due 30 Days Upon Completion I Any person or company supply labor or materials for this improvement to your property may file a lien against your property it that person or company is not paid for the contributions. Ali depths are average and measurements are approximate. AM material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to specifications Authorized submitted per standard practices. All agreements contingent upon strikes, accidents, or delays Signature beyond our control. Owner to carry fire, tomado and other necessary insurance. Ourworkers Rich Peltier (612719-ZZ04) are fully covered by Workman's Compensation Insurance, See Additional Contract Terms Note: This proposal may be withdrawn On The Back. fifteen (15) No FINANCE CHARGE made on accounts paid within 30 days. Past due invoices will be by us if not accepted within days. charged 1112% per month FINANCE CHARGE (18% annual percentage rate). Acceptance Of Proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. The general provisions on the back of this contract are made a part of this contract and incorporated herein by this reference. You are authorized to do the work as specified. Payment will be made Signature as outlined above. Date of Acceptance: VISA Signature Packet Page lqumber 21 ot 219 White Copy (Return to Office) - Yellow Copy (Customer) - Pink Copy (File) Mu - A on VISTA HILLS PARK BASKETBALL COURT VISTA HILLS PARK TENNIS COURT Packet Page Number 212 of 219 AGENDA REPORT To: James Antonen, City Manager From: DuWayne Konewko, Community Development and Parks Director Ann Hutchinson, Lead Naturalist Subject: Council Consider Approval of Bid for Maplewood Nature Center Trail Date: July 6, 2009 INTRODUCTION On July 28, 2008, Maplewood City Council approved a resolution supporting a Federal Recreational Trail grant application for trail restoration at Maplewood Nature Center (Attachment 1). The federal grant would provide $12,245 for the trail project and the city is required to match it with $12,245. The Nature Center was awarded the grant and has received two bids for this project. DISCUSSION This project will renovate, enhance and maintain a large portion of 1 -'l2 miles of Maplewood Nature Center hiking trails (Attachment 2). Portions of the trails will be re- routed and graded to create a more sustainable trail system and improved walking conditions. The work will be done with a small specialized walk- behind grader. New and existing trails will be widened to no more than four feet wide, created along the contours of slopes that will help reduce erosion. In addition, one section of the trail will be moved away from the western wetland to provide a wider buffer strip that will help protect the pond. Trail sections taken out of use will be graded, scarified, seeded and planted with native plants. The main loop around the nature center's Green Heron Pond will be graded and resurfaced with limerock, improvements will be made to one observation deck and bench, and one landscape wall will be removed. The Federal Recreational Trail grant provides $12,245 for this project and requires a $12,245 match from the city. The city has received two bids for this project. The two companies bidding were partners in the past but have split their business. TrailSource, LLC submitted a proposal for $16,825 (Attachment 3). This bid includes $2,600 for work done by the Minnesota Conservation Corp (MCC) to close off the abandoned portions of the old trail. TrailSource Midwest, LLC submitted a bid for $15,169, which did not include closing off the abandoned portions of the old trail (Attachment 4). Adding MCC costs to this would bring their bid to $17,769, and make it the higher bid. Additional project costs include: 100 cubic yards limerock ($5000), 500 native plant plugs ($750), and one interpretive sign ($1000). Packet Page Number 213 of 219 RECOMMENDATION Staff recommends that City Council approve the bid from Trail Source, LLC for $16,825 for trail renovation and maintenance at Maplewood Nature Center. Staff further recommends that 50% of the project cost, up to $12,245, be provided by the Federal Trail Grant and 50% of the project cost, up to $12,245, be funded from CIP #PM07.100. Attachments: 1. Council Resolution Accepting Federal Recreation Trail Grant 2. Maplewood Nature Center Map — Trail Work 3. Bid from TrailSource, LLC 4. Bid from TrailSource Midwest, LLC Packet Page Number 214 of 219 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota, was duly called and held in the Council Chambers of said City on the 28th of July 2008, at 6:30 P.M. The following members were present: Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present 7, Maplewood Nature Center Trail Improvements, Resolution for Acceptance of Federal Recreation Trail Grant for Maplewood Nature Center Trails. Councilmember Juenemann moved to approve the Resolution supporting a $12,245 Federal Recreation Trail reimbursement grant from the Minnesota DNR, and authorize matching funds up to $12,245 to be provided from Capital Improvement Plan project PM07.1 00 Parks-Trail Development. Resolution 08-07-114 CITY OF MAPLEWOOD, MINNESOTA RESOLUTION OF ACCEPTANCE OF FEDERAL RECREATIONAL TRAIL GRANT WHEREAS, The City of Maplewood supports the grant application made to the Minnesota Department of Natural Resources for the Federal Recreational Trail Grant Program. The application is to renovate, enhance and maintain a large portion of the 1 1 /2 miles of hiking trails located within the 40 acre nature preserve called Maplewood Nature Center. NOW, THEREFORE, BE IT RESOLVED, if the City of Maplewood is awarded a grant by the Minnesota Department of Natural Resources, the City of Maplewood agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above referenced project. The City of Maplewood will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and BE IT FURTHER RESOLVED, the City of Maplewood shall match the grant with cash or in-kind services, and BE IT FURTHER RESOLVED, the City Council of the City of Maplewood names the fiscal agent for the City of Maplewood for this project as: Robert Mittet, Director of Finance City of Maplewood 1830 County Road B E Maplewood, MN 55109 BE IT FURTHER RESOLVED, The City of Maplewood hereby assures the Maplewood Nature Center Trail will be maintained for a period of no less than 20 years. Packet Page Number 215 of 219 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 28` DAY OFJULY, 2008. u Diana Longrie, Mayor Attest: 1 Karen e0foile, City ..irk Seconded by Mayor Longrie. Ayes — All The motion passed. STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified and appointed Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the 28th day of July 2008, with the Original on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to the Maplewood Nature Center Trail Improvements, Resolution for Acceptance of Federal Recreation Trail Grant for Maplewood Nature Center Trails WITNESS my hand this 6th day of August 2008. are G ilfoile - City CC r City of Maplewood, Minnesota Packet Page Number 216 of 219 TrailSource, LLC 13282 Derryglenn Ct Rosemount, MN 55068 612- 845 -1345 Submit to: City of Maplewood Attn: Jan Hayman Maplewood Nature Center Bid Sheet DATE: May 25, 2009 TERMS: Project to begin August PROJECT: Maplewood Nature Center � C ►,1 � I :SY * 11 l 7i7 : �,1 � Vii] T i � 11 r • [ H � T i 1 � t �l =' I 1 � Z * ] � �`f * 111:> > : Zip 1 J x� DESCRIPTION UNIT RATE AMOUNT Construct and grade 4' tread unpaved 970 LF $3.02 $2,930.00 Turnpike existing woodland trail segments 150 LF $2.80 $ 420.00 Abandoned trail corridor scarify with hand tools to 850 LF $3.06 $2,600.00 be graded and seeded my MCC crew Deberm existing trail 150 LF $ 1.00 $150.00 Construct rolling grade dips 19 $75.00 $1,425.00 Turnpike and compact existing limerock trail $ 175.00 with additional class 5 material 2300 LF $2.74 $ 6,300.00 All seed, soil, class 5 and matting to be provided by city of Maplewood $ - Reset and level existing observation deck, renovate $ - bench, lower structure height to 24" maximum 1 $1,650.00 Remove Timber wall 1 $ 200.00 Disposal of timbers 1 $ 75.00 Staging 1 $ 900.00 Unit cost for each additional LF trail construction $ 3.020 Subtotal Tax Rate Sales Tax From Account Balance TOTAL DUE 0.0% - - $ 16,825.00 � C ►,1 � I :SY * 11 l 7i7 : �,1 � Vii] T i � 11 r • [ H � T i 1 � t �l =' I 1 � Z * ] � �`f * 111:> > : Zip 1 J x� TrailSource Midwest, LLC PROJECT BID Attn: Jan Haymen Bid Date: Maplewood Nature Center 2659 East 7th Street Desired Start Date: Maplewood, MN 55119 Desired Finish Date: Jan. Haymanaci.maplewood.mn. us Me wifill A* Project Location Maplewood Nature Center Maplewood , MN Project Description Sustainable Trail Restoration Trail restoration, new construction, deck renovation Trail Length Various Soil Conditions $ Loam Sand Clay Rocky Tree roots Sod layer Steep gradesi High moisture X 3,056 X LF X 3.35 $ 503 Trail Work Bid Components Unit Total Qty Unit Cost Cost Construct natural surface trail - 4' tread Turnpike existing trail segments Abandoned trail to be scarified and graded To be performed by MCC per customer Deberm existing trail Construct rolling grade dips Brush disposal on site Turnpike existing trail with class 5 supplied customer, and compact. Reset existing deck & level. Renovate beni Timber wall removal & disposal Per Diem Mileage Alternatie Bid Items Additional natural-surface trail construction 970 LF $ 3.15 $ 3,056 150 LF $ 3.35 $ 503 150 LF $ 1.10 $ 165 19 each $ 80 $ 1,520 1 each $ 200 $ 200 2300 LF $ 3.35 $ 7,705 1 each $ 200 $ 200 1 each $ 350 $ 350 8 each $ 105 $ 840 840 each $ 0.75 $ 630 Total Project Estimate $ 15,169 1 LF $ 3.15 TrailSource Midwest, LLC 25276 27 114 - 27 314 St. Rice Lake, WI 54868 651-341-2241 traildale@charter.net TrailSource Midwest MNC Trail bid 2009-71612009 Packet Page Number 219 of 219