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2009 11-09 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 6:30 P.M. Monday, November 9, 2009 City Hall, Council Chambers Meeting No. 22 -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 October 26, 2009, City Council Workshop Minutes 2. Approval of October 26, 2009, City 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 J. PUBLIC HEARINGS 1. Consider Adoption Of The Revised Wetland Ordinance And Wetland Classification Map — First Reading K. UNFINISHED BUSINESS L. NEW BUSINESS 1. Approval Of The Resolution Canvassing The Results Of The November 3, 2009, General Election 2. Approval Of Resolution For Adoption Of Recycling And Sanitary Sewer Rates For 2010 3. Approval Of Resolution For Adoption Of Ambulance Rates For 2010 4. Approval Of Resolution For Adoption Of Electric Franchise Tax Rates For 2010 5. Approval Of Resolution For Adoption Of Environmental Utility Fund Rates For 2010 6. Approval Of Authorization To Pay Additional Charges To Auditor 7. Consider Authorizing Consultant Contract For Review And Evaluation Of Water Utility Capital And Operating Expenses 8. Consider An Amendment And Extension Of The Eureka Recycling Contract M. CONSENT AGENDA — Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval Of Claims 2. Resolution Accepting Donation To The Police Department From Residential Mortgage Group 3. Kohlman Lane Area Street Improvements — City Project 07 -21, Resolution Approving Final Payment And Acceptance Of Project 4. Stillwater Road/TH 5 Street, Sidewalk, And Drainage Improvements, City Project 09- 04, Resolution Approving Plans And Authorize Advertising For Bids 5. Approval Of Annual Maplewood Historical Society Payment N. AWARD OF BIDS 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 5:30 p.m., Monday, October 26, 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 5:30 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Absent Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Councilmember Rossbach Seconded by Councilmember Nephew.. Ayes — All The motion passed. D. UNFINISHED BUSINESS 1. 2010 Budget a. Presentation of Citizen Services Department Budget Request i. City Clerk, Citizen Services Director, Karen Guilfoile gave the budget presentation and answered questions of the council. ii. City Manager, James Antonen iii. Assistant City Manager, Public Works Director Chuck Ahl iv. Parks and Recreation and Community Development Director, DuWayne Konewko answered questions of the council. E. NEW BUSINESS F. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:15 p.m. October 26, 2009 City Council Manager Workshop Minutes Packet Page Number 3 of 171 Q 13 A Am E MINUTES MAPLEWOOD CITY COUNCIL 6 :30 p.m., Monday, October 26, 2009 Council Chambers, City Hall Meeting No. 21 -09 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 6:30 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember Present Left at 8:09 p.m. Present Present Present APPROVAL OF AGENDA Mayor Longrie moved to approve the agenda Seconded by Councilmember Rossbach. 1 -.� BE The motion passed. APPROVAL OF MINU Approval of October 12, 2009, Council Manager Workshop Minutes Councilmember Juenemann moved to api Workshop Meeting Minutes as submitted. the October 12. 2009. Council Manaaer Seconded by Councilmember Nephew The motion passed. Approval of the October 12, 2009, Minutes Ayes — Councilmembers Juenemann, Nephew & Rossbach Abstentions — Mayor Longrie & Councilmember Hjelle Maplewood Resident, Elizabeth Sletten requested a few clarifications be made to the minutes under visitor presentations, number 2. Specifying the name of the New York lawyer that she referred to was Jon A. Kusler that drafted the Wetland Ordinance and it was for a DNR permit for Kohlman Lake not Kohler Lake. Councilmember Nephew wanted the words drafted the wetland ordinance changed to drafted "a" wetland ordinance. Mayor Longrie disagreed and felt that changed what was said. October 26, 2009 Packet Page Number 4 of 171 City Council Meeting Minutes Councilmember Nephew moved to approve the October 12, 2009, City Council Meeting Minutes as amended. F Seconded by Councilmember Rossbach The motion passed. VISITOR PRESENTATIONS — PART I Ayes — Councilmembers Juenemann, Nephew & Rossbach Nay — Mayor Longrie Abstention — Councilmember Hjelle 1. Mark Bradley — 2164 Woodlynn Avenue, Maplewood. Mr. Bradley discussed an article written by Nancy Ngo in the St. Paul Pioneer Press regarding candidates running for seats in Maplewood that he felt was not factual and not newsworthy. 2. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick shared various view points of items he will be discussing on his cable show. 3. David Schilling, 1955 Greenbrier Avenue, Maplewood. Mr. Schilling read a newspaper article aloud and talked about the unions and the money they pay to back council members and pay increases for union employees at the City of Maplewood. 4. Christine Stone, 2727 Hazelwood. Maplewood. Ms. Stone shared her opinion of things happening at the city and her appreciation of certain councilmembers as well as the hard work of the employees at the city. 5. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten said she would like a more thorough writing of the city council minutes and would like to add additional factual comments to be included in the minutes. Ms. Sletten talked about Aldi's grocery store and asked the status of the possibility of Aldi's coming to Maplewood. Ms. Sletten also discussed a Maplewood resident who is running for city council and her concern that he is not aware of what a plan B city is. 6. Peter Fischer, 2443 Standridge Place, Maplewood. Mr. Fischer discussed the 2009 & 2010 budgets and the number of full time people that have been added in public safety. Mr. Fischer discussed the legal name of the Maplewood resident who is running for city council compared to his name he used on ballot for city council. Mr. Fischer shared his opinion regarding some of the benefits of having a Human Relations Commission and the fact that Maplewood doesn't have one. 7. Del Ray Rokke, 454 O'Day Street, Maplewood. Mr. Rokke shared a story with the council as he felt it related to the way the election process has occurred in Maplewood and if a person wants to make a change to the process they can always do a write in and decide who they want to have in office. ADMINISTRATIVE PRESENTATIONS ►I,Hm October 26, 2009 Packet Page Number 5 of 171 2 City Council Meeting Minutes H. COUNCIL PRESENTATIONS 1. Even Year Elections — a. Councilmember Nephew and City Clerk, Citizen Services, Karen Guilfoile b. City Attorney, Alan Kantrud answered questions of the council. This item will be brought back as a workshop in the near future. 1. APPOINTMENTS AND PRESENTATIONS J. PUBLIC HEARINGS None. K. UNFINISHED BUSINESS 1. 2010 Charitable Gambling Find Awards a. Discussion Of Budgeting Funds For (Councilmember Juenemann) 1. Maplewood Area Historical Society 2. Maplewood Community Center 3. Maplewood Police Reserves i. Assistant City Manager, Public Works Director, Chuck AM gave the report and answered questions of the council. ii. City Attorney, Alan Kantrud answered questions of the council. iii. Maplewood Police Chief, Dave Thomalla answered questions of the council. Mayor Longrie asked if anyone wanted to address the council. 1. George Rossbach, 1406 County Road C East, Maplewood. Mr. Rossbach spoke representing the Historical Society and as a former member on the city council. Mr. Rossbach felt strongly about supporting the funding of these programs. b. Approve Award Amounts Councilmember Nephew moved to approve the charitable gambling expenditures using the same methodology as 2008 using the amounts in option 2 as shown in the staff report. Seconded by Mayor Longrie. Ayes — All The motion passed. October 26, 2009 Packet Page Number 6 of 171 3 City Council Meeting Minutes 2. Consider Resolution Canceling Public Hearing On Tax Increment Financing For Redevelopment District No. 1 -10 For The Shores Project Within Gladstone Redevelopment Area a. Assistant City Manager, Public Works Director, Chuck Ahl gave the report. Councilmember Hjelle moved to approve the resolution canceling the Public Hearing called for November 9, 2009, for the purpose of discussing the Tax Increment Financing District for The Shores Development proposal. RESOLUTION 09 -10 -274 CANCELLING PUBLIC HEARING ON THE PROPOSED ESTABLISHMENT OF MUNICIPAL DEVELOPMENT DISTRICT NO. 1, THEREFORE, THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 1 -10 WITHIN DEVELOPMENT DISTRICT NO. 1 (LAKE PHALEN ESTATES PROJECT) AND THE PROPOSED ADOPTION OF A TAX INCREMENT FINANCING PLAN RELATING THERETO WHEREAS by resolution adopted on September 28, 2009, the City Council of the City of Maplewood did hereby call a public hearing for the following matters: (a) proposed modification of Municipal Development District No. 1, (b) the adoption of a Modification to Development Program therefore, (c) the proposed establishment of Tax Increment Financing (Redevelopment) District No. 1 -10 (Lake Phalen Estates Project) (the "Tax Increment Financing District ") within Development District No. 1, and (d) the proposed adoption of a Tax Increment Financing Plan relating thereto, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134, both inclusive, as amended and Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive, as amended (collectively, the "Act "), and WHEREAS the proposed developer of said Lake Phalen Estates is not prepared to provide the necessary information for analysis of said District, and WHEREAS a new development group has indicated interest in pursuing a revised development plan for this property. BE IT RESOLVED by the City Council (the "Council ") of the City of Maplewood, Minnesota (the "City "), as follows: 1. Public Hearing This Council shall cancel the Public Hearing called for November 9, 2009. 2. The Tax Increment Application filed by the Albert Miller development group is hereby tabled for consideration when a new development proposal is received. At such time, city staff are instructed to report to the City Council on said plan and for the purpose of calling a new hearing for discussion of said Tax Increment subsidy. Seconded by Councilmember Nephew. Ayes — All The motion passed. L. NEW BUSINESS 1. On -Sale Intoxicating Liquor License — Jarrod Keith Byers, New Manager, Champp's a. City Clerk, Citizen Services Director, Karen Guilfoile gave the report. i. Jarrod Byers, Manager Champp's, 1734 Adolphus Street North, Maplewood addressed the council. Councilmember Hjelle moved to approve the on -sale intoxicating liquor license for Jarrod Keith Byers for Champp's, 1734 Adolphus Street North. October 26, 2009 Packet Page Number 7 of 171 4 City Council Meeting Minutes Seconded by Councilmember Juenemann. Ayes — All The motion passed. 2. Approval Of Resolution Providing For The Competitive Negotiated Sale Of $2,770,000 General Obligation Improvement Refunding Bond Series 20098 a. Finance Director, Bob Mittet gave the report and addressed and answered questions of the council. Doug Green, Springsted Incorporated addressed the council. Councilmember Hjelle moved to approve the resolution providing preliminary approval of the sale of $2,770,000 General Obligation Improvement Refunding Bonds, Series 2009B. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: October 26, 2009''` Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on October 26, 2009, at 7:00 o'clock P.M. for the purpose in part of authorizing the competitive negotiated sale of the $2,770,000 General Obligation Improvement Refunding Bonds, Series 20098. The following members were present: and the following were absent: Member Hjelle introduced the following resolution and moved its adoption: RESOLUTION 09 -10 -275 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $2,770,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2009B A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City "), has heretofore determined that it is necessary and expedient to issue $2,770,000 General Obligation Improvement Refunding Bonds, Series 2009E (the "Bonds "), to refund the February 1, 2011 through February 1, 2018 maturities of the City's General Obligation Improvement Bonds, Series 2002A, dated August 1, 2002; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ( "Springsted "), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. October 26, 2009 Packet Page Number 8 of 171 5 City Council Meeting Minutes 2. Meeting; Proposal Opening This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member Nephew and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: None Whereupon said resolution was declared duly passed Seconded by Councilmember Nephew. The motion passed. M. CONSENT AGENDA Councilmember Seconded by Councilm+ The motion passed. au 2. Councilmember Juenemann moved to approve item 2. Seconded by Councilmember Nephew. Ayes — All The motion passed. 3. Councilmember Hjelle moved to approve item 3. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 4. Councilmember Juenemann moved to approve item 4. Seconded by Councilmember Hjelle. Ayes — All Ayes — All October 26, 2009 Packet Page Number 9 of 171 6 City Council Meeting Minutes The motion passed. 5. Mayor Longrie moved to approve item 5. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 6. Councilmember Nephew moved to approve item 6. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 7. Councilmember Nephew moved to approve items 7 Seconded by Councilmember Hjelle. Ayes — All The motion passed. 1. Approval of Claims Councilmember Hjelle moved Approval of Claims. ACCOUNTS PAYABLE: $ 145,865.50 Checks # 79549 thru #79608 $ 351,463.92 Disbursements via debits to checking account Dated 10/02/09 thru 10109109 $ 17,890.27 Checks # 79609 thru #79623 Dated 10109109 thru 10/20109 $ 145,695.76 Disbursements via debits to checking account Dated 10109109 thru 10116/09 $ 660,915.45 Total Accounts Payable PAYROLL $ 581,082.51 Payroll Checks and Direct Deposits dated 10116109 $ 2,229.75 Payroll Deduction check #1007955 thru #1007956 dated 10116109 $ 583,312.26 Total Payroll 1.244.227.71 GRAND TOTAL Seconded by Councilmember Juenemann. Ayes — All The motion passed. October 26, 2009 Packet Page Number 10 of 171 7 City Council Meeting Minutes 2. Currency Exchange Annual Renewal For Cashway Checking Councilmember Juenemann moved to approve the annual renewal license for Cashway Checking. Seconded by Councilmember Nephew. Ayes — All The motion passed. 3. Approval of Rates For Police and Fire Services Provided To the City of Landfall For 2010 Councilmember Hjelle moved to approve the rates for police and fire services provided to the City of Landfall for 2010. Seconded by Councilmember Juenemann. The motion passed. 4. White Bear Avenue /County Road D Improvements, Cooperative Agreement (PW 2009 -16) With Ramse) Ayes — All F Project 08 -13, Approval Of u my Councilmember Juenemann agreement signifying council approval of the City Attorney. odifications may be made upon review and COOPE WITH C County Road D between Flandrau Street and White Bear Avenue Reconstruction S.P. 62- 619 -30 S.P. 62- 596 -04 Minn. Proj. ES10ES (045) City Project 08 -13 (Right -of -Way) NTY ZEEMENT OF MAPLEWOOD Estimated Amount Receivable from City of Maplewood Construction Costs 3MIAM17 Betterments $21,474.34 Curb & Gutter $5,386.20 EVP, Crosswalks, etc $13,864.18 Alternate Bid 1 $86,848.50 $1 27,573.22 Attachments: Design Engineering (12 %) $73,463.65 Engineers Estimate Construction Eng. (12 %) $73,463.65 $146,927.30 TOTAL $274,500.52 October 26, 2009 Packet Page Number 11 of 171 8 City Council Meeting Minutes THIS AGREEMENT, by and between the City of Maplewood, a municipal corporation, hereinafter referred to as the "City," and Ramsey County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County "; WITNESSETH: WHEREAS, the City and the County desire to reconstruct County Road D between Flandrau Street and White Bear Avenue; and WHEREAS, County Road D between Flandrau Street and White Bear Avenue is designated County State Aid Highway 19 and is in the City; and WHEREAS, preliminary studies and reports conducted by the City and County indicate that it is feasible, practical, and technically proper to provide for the reconstruction of County Road D between Flandrau Street and White Bear Avenue ( "Project "); and WHEREAS, the County and the City, through its consultant Kimley -Horn, are providing engineering services for the Project, including preparation of designs, plans, specifications, estimates, proposals and approvals in accordance with funding requirements to take bids for this Project; and WHEREAS, the construction portion of the Project is designated as eligible for stimulus American Recovery and Reinvestment Act (ARRA) Federal Funds as Minn. Proj. ES10ES (045) in an amount up to $2,548,086.00; and WHEREAS, the Project is also eligible for funding from County State Aid Highway (CSAH) funds as S.P. 62- 619 -30 for reimbursement of County costs and for reimbursement of Maplewood costs as S P. 62- 596 -04; and for funding from Maplewood Municipal State Aid (MSA) Funds and Maplewood non- participating local funds for reimbursement of Maplewood casts; and WHEREAS, plans for this Project, S P. 62- 619 -30 and S.P. 62- 596 -04 and Minn. Proj. ES10ES (045), showing proposed intersection reconstruction, alignment, profiles, grades and cross- sections for the improvement of County Road D between Flandrau Street and White Bear Avenue within the limits of the City as a Federally - assisted CSAH project have been presented to the City; and WHEREAS, the grading and widening provisions as part of the Construction Plans for County Road D require acquisition of certain right of way and temporary construction easements prior to construction for parcels 10, 18, 19, 24, & 25 which are already part of the Right of Way acquisition for the County's White Bear Avenue Project 62- 665 -48; and WHEREAS, the County has contracted with SRF Consulting Group, Inc. to assist in acquiring necessary rights of way as determined by the Project grading limits under White Bear Avenue Project S.A.P. 62- 665 -48 utilizing CSAH funds; and WHEREAS, the Project includes grading, concrete and bituminous paving, cross walks, utility adjustments, concrete curb and gutter, storm sewers, traffic control signals, Emergency Vehicle Pre- emption System (EVP), and restoration; and WHEREAS, the County will take bids for the Project, prepare an abstract of bids and cost participation summary, request the City's concurrence to award a contract, award a contract and pay the contractor from ARRA Federal Funds, CSAH Funds, MSA Funds, and non - participating Maplewood Local Funds identified for the Project. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: 1. Prior to County award of a contract, the County shall first receive concurrence from the City for award of the contract to the lowest responsible bidder. October 26, 2009 Packet Page Number 12 of 171 9 City Council Meeting Minutes 2. Upon award of a construction contract the County shall perform or contract the performance of the construction inspection including survey work. 3. The County shall acquire and pay for all rights of way and easements required for the construction of the Project within the grading limits of the plan. Any rights of way that cannot be negotiated will be acquired through eminent domain proceedings. 4. All City owned rights of way and easements within the limits of the Project for roads, utilities and stormwater are hereby granted to the County for Project use during construction. 5. The County will contract with SRF Consulting Group, Inc. for rights -of -way acquisition services on the Project at no cost to the City. 6. The County and the City shall participate in the construction costs and engineering fees in accordance with the adopted Ramsey County Public Works Cost Participation Policy. 7. The estimated construction cost of items eligible for ARRA Federal Fund participation is $2,870,518.38 for the base bid, $86,848.50 for Alternate Bid 1, $42,000 for Alternate Bid 2, and $90,000.00 for Alternate Bid 3. ARRA Federal Funds granted to this Project shall be applied first to all private drives and the traffic control systems. Any remaining fund's shall be applied to all remaining eligible items in the base bid, then in Alternate Bid 1, then 2, then 3. The ARRA Federal Funds are capped at $2,548,086.00. Construction costs over the capped ARRA amount shall be paid in accordance with the Ramsey County Public Works Cost Participation Policy. 8. The City has the right to accept or reject Alternate Bid 1 (Southlawn). The City shall incur 100% of the costs of Alternate Bid 1 after the application of any ARRA Federal Funds. The City will pay all design and construction engineering fees for Alternate Bid 1. 9. The County shall incur 100% of the costs of Alternate Bids 2 and 3 after application of any ARRA Federal Funds including all design and engineering fees for Alternate Bids 2 and 3. 10. The estimated cost of items not eligible for ARRA Federal funding is $21,474.34 (non - participation) for water service repair /replacement (betterments). This cost will be paid by the City. 11. Storm sewer construction costs attributable to the road rights of way and facilities needed for the road drainage are eligible for reimbursement from CSAH funds. The City and the County shall each pay for the storm sewer construction costs as determined by the MN /DOT hydraulics memorandum. 12. Upon completion of the Project, the County shall own and maintain the storm sewer catch basins and leads on County roads and the City shall own and maintain the storm sewer trunk lines within the City. Laterals and drains servicing property within the City outside the road right of way shall also be owned and maintained by the City. 13. The City and the County shall maintain the traffic signals as per the Ramsey County /City of Maplewood Maintenance Agreements PW2009 -17 for the intersection of Southlawn Avenue and County Road D and PW 2009 -18 for the intersection of Maplewood Mall Drive and County Road D. 14. After the application of ARRA Federal Funds, the City shall reimburse the County 100% of the construction cost for the difference between standard concrete and colored concrete crosswalks and colored medians on the Project, realizing the color upgrade is requested by the City. 15. After the application of ARRA Federal Funds, the City shall reimburse the County 75% of the construction cost of the new concrete curb and gutter on the Project. October 26, 2009 Packet Page Number 13 of 171 10 City Council Meeting Minutes 16. After the application of ARRA Federal Funds, the City shall reimburse the County 100% of the construction cost of the EVP. 17. After the application of ARRA Federal Funds, the County shall pay 100% of the construction cost of replacement of the existing concrete curb and gutter. 18. After the application of ARRA Federal Funds, the City shall reimburse the County 100% of the construction cost of S.P. 62- 596 -04 items shown in the attached Engineer's Estimate for Alternate Bid 1. 19. After the application of ARRA Federal Funds, the County shall pay 100% of the construction cost of S.P. 62- 596 -04 items shown in the attached Engineer's Estimate for Alternate Bids 2 and 3. 20. The City shall reimburse the County twelve percent (12 %) of its share of the design cost prior to the application of ARRA Federal Funds in accordance with the County's cost participation policy, as determined by the low bid as a design engineering fee. 21. The City shall reimburse the County twelve percent (12 %) of its share of the construction cost prior to the application of ARRA Federal Funds in accordance with the County's cost participation policy, as determined by the final amount due the contractor as a construction engineering fee. 22. All City utilities or facilities modified or added to those provisions presently made in the plans and specifications may be incorporated in the construction contract by supplemental agreement and shall be paid for as specified in the supplemental agreement. Design and construction engineering fees will be paid according to paragraphs 19 and 20 above. 23. Quantity distributions identified above are shown in the Statement of Estimated Quantities in the plans. Estimated costs are identified in the Engineer's Estimates. Actual costs shall be based on the contractor's unit prices and the quantities constructed, including the selection of any Alternate Bids. 24. All liquidated damages asse the Project shall result in a credit sh respective total share of constructio damages. 25. The City shall not assess on County -owned property. 3st the contractor in connection with the work performed on e City and the County in the same proportion as their the total construction cost without deduction for liquidated recover any portion of its cost for this Project through levy 26. The County shall, when a construction contract is proposed to be awarded, prepare a revised estimate and cost participation breakdown based on construction contract unit prices and submit a copy to the City. Upon concurrence to award a construction contract, the City agrees to advance to the Treasurer of Ramsey County an amount equal to the City's total construction cost share. 27. Upon substantial completion of the work, the County shall prepare a revised estimate of the cost participation breakdown based upon the contract unit prices and the actual units of work estimated to have been performed and submit a copy to the City. The construction engineering costs to be paid the County by the City shall be based on this estimated final construction cost. The County shall add to the City's estimated final construction costs the construction engineering costs, make necessary adjustments for liquidated damages, if any, and deduct City funds previously advanced for the Project by the City. The City agrees to pay to the County any amounts due. In the event the calculations show that the City has advanced funds in a greater amount than is due to the County, the County shall refund the amount to the City without interest. 28. The City and County shall indemnify, defend and hold each other harmless against any and all liability, losses, costs, damages, expenses, claims, or actions, including attorney's fees, which the indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be required to pay, October 26, 2009 Packet Page Number 14 of 171 11 City Council Meeting Minutes arising out of or by reason of any act or omission of the indemnifying party, its officials, agents or employees, in the execution, performance, or failure to adequately perform the indemnifying party's obligation pursuant to this Agreement. Nothing in this Agreement shall constitute a waiver by the County or the City of any statutory or common law immunities, limits, or exceptions on liability. 29. This Agreement shall remain in full force and effect until terminated by mutual agreement of the City and the County. 30. Preliminary plans reviewed at the City public hearing and final plans and specifications are hereby in all things approved. 31. Notices required under this Agreement shall be sent to the following addresses City of Maplewood Ramsey County 1830 County Road B 1425 Paul Kirkwold Drive Maplewood, MN 55109 Arden Hills, MN 55112 -3933 Seconded by Councilmember Hjelle. Ayes — All The motion passed. 5. White Bear Avenue /County Road D Improvements, City Project 08 -13, Approval Of Traffic Signal Maintenance Agreements With Ramsey County (County Road D At Southlawn Avenue and County Road D At Maplewood Mall Drive) Mayor Longrie moved to approve the maintenance agreements with Ramsey County for the traffic NGREEMENT FOR MAINTENANCE OF TRAFFIC CONTROL SIGNALS AGREEMENT NO. PW2009 -17 THIS AGREEMENT, made and entered into by and between the County of Ramsey, ( "County, ") and the City of Maplewood ( "City" ) for the installation and maintenance of a traffic control signal system with street lights, signs, interconnect and emergency vehicle pre - emption at the intersection of County Road D and Southlawn Avenue; WHEREAS, the County has determined that there is justification and it is in the public's best interest to install new traffic control signals with street lights, signs, interconnect and install an emergency vehicle pre - emption at County Road D and Southlawn Avenue; and WHEREAS, the City requested and the County agrees to provide an Emergency Vehicle Pre- emption System, hereinafter referred to as the "EVP System" as a part of said traffic control signals with street lights in accordance with the terms and conditions hereinafter set forth; and WHEREAS, construction cost of the traffic control signals with street lights, signs, interconnect and emergency vehicle pre - emption will be funded in accordance with a separate agreement for the reconstruction of County Road D between Flandrau Street and White Bear Avenue American October 26, 2009 Packet Page Number 15 of 171 12 City Council Meeting Minutes Reinvestment and Recovery Act Project No. S.P. 62- 619 -30, S.P. 62- 596 -04, Minn. Proj. ES10 ES (045); and WHEREAS, the County and the City will participate in the maintenance and operation of said traffic control signals with street lights, signs, interconnect and EVP system as hereinafter set forth. NOW, THEREFORE, IT IS AGREED AS FOLLOWS 1 . The County shall install or cause the installation of said traffic control signals with street lights, signs, interconnect and EVP system in accordance with the plan and specification for the County Road D between Flandrau Street and White Bear Avenue. 2. The City shall install or cause the installation of an adequate electric power supply to the service pad including any necessary extensions of power lines. Upon completion of the traffic control signals with street lights, signs, interconnect and EVP system installation, necessary electrical power for their operation shall be at the cost and expense of the City. In accordance with the Policy for lighting County Roadways, County Board Resolution 78 -1394, the City shall maintain and pay energy costs of the integral street lights. 3. Upon completion of the work the County shall maintain and keep in repair the traffic control signal including relamping and cleaning at its expense.' 4. Upon completion of the work the County shall maintain and keep in repair the interconnect and signs at its cost and expense. 5. The EVP system shall be ape following conditions and requirements: revised or removed in accordance with the a. All modifications, revisions and maintenance of the EVP System considered necessary or desirable for any reason, shall be done by County forces, or, upon concurrence in writing by the County's Traffic Engineer, may be done by others all at the cost and expense of the City. b. Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 with 169.03. c. The City shall maintain and require others using the EVP System to maintain a log showing the date, time and type of emergency for each time the traffic signal covered hereby is actuated and controlled by the EVP System. Malfunction of the EVP System shall be reported to the County immediately. d. All maintenance of the EVP System shall be performed by the County, and the City shall be responsible for actual cost thereof. The County shall submit and invoice to the City annually, listing all labor, equipment, materials and overhead used to maintain the EVP System. Labor cost and overhead and equipment costs will be at the established rates paid by the County at the time the work is performed, and material costs will be invoiced at the actual cost thereof to the County. The City shall promptly pay the County the full amount due. e. In the event said EVP System or components are, in the opinion of the County, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after receipt by said party of written notice thereof from the County, the EVP System pursuant to this paragraph, the field wiring, cabinet wiring and other components October 26, 2009 Packet Page Number 16 of 171 13 City Council Meeting Minutes shall become the property of the County. All infrared detector heads and indicator lamps mounted external to the traffic signal cabinet will be returned to the City. The detector receiver and any other assembly located in the control signal cabinet, which if removed will not affect the traffic control signal operation will be returned to the City. f. All timing of said EVP System shall be determined by the County, through its Traffic Engineer, and no changes shall be made to these adjustments without the approval of the County. 6. All timing and related adjustments of the traffic control signals shall be determined by the County through its Traffic Engineer, and no changes shall be made to these adjustments without the approval of the County. 7. Any and all persons engaged in the maintenance work to performed by the County shall not be considered employees of the City, and any and all claims that may arise under the Worker's Compensation Act of this State on behalf of those employees so engaged, and any and all claims made by any third party as a consequence of any negligent act or omission on the part of those employees so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the City. 8. The City and the County shall indemnify, defend and hold each other harmless against any and all liability, losses, costs, damages, fees, which the indemnified party, its officials, or be required to pay, arising out of or by real its officials, agents or employees, in the exec the indemnifying party's obligation pursuant t constitute a waiver by the County or the City or exceptions on liability. WHEREFORE, this Agreement is duly e RAMSEY COUNTY Jan Parker, Chair Ramsey County Board of Commissioners Bonnie Jackelen, Chief Clerk Ramsey County Board of Commissioners Date: Approval recommended: Kenneth G. Haider, P.E, Director oenses, claims, or actions, including attorney's )nts, or employees may hereafter sustain, incur, of any act or omission of the indemnifying party, i, performance, or failure to adequately perform pis Agreement. Nothing in this Agreement shall any statutory or common law immunities, limits, on the last date written below. CITY OF MAPLEWOOD, MN By: Print Name Its By Print Name Its Date October 26, 2009 Packet Page Number 17 of 171 14 City Council Meeting Minutes Public Works Department Approved as to form and insurance: Assistant County Attorney Seconded by Councilmember Hjelle. Ayes — All The motion passed. 6. 2529 White Bear Avenue North, Approval of Environmental Utility Fee Reduction Councilmember Nephew moved to approve a 75% EUF reduction on 1.04 acres off the 4.14 acre commercial property located at 2529 White Bear Avenue North. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 7. Resolution Of Support For Habitat Enhanceme Park Councilmember Nephew CITY -276 , MINNESOTA RESOLUTION IN SUPPORT OF HABITAT ENHANCEMENT AT JOY PARK AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS WHEREAS the City of Maplewood supports the restoration and enhancement of habitat at Joy Park; and WHEREAS habitat restoration at Joy Park meets the purposes and criteria of the Minnesota Department of Natural Resources Conservation Partners Legacy Grant Program. The city has prepared a proposal for 10 acres of habitat enhancement at the park to include oak woodlands, oak savanna, wetlands, and shoreline; and WHEREAS the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS the City agrees to match the grant with 10% cash and /or in -kind services, half of which may be provided by other partners; and NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the governing body of the City authorizes its Community Development and Parks Department to submit on behalf of the City an application for Conservation Partners Legacy grant funds for the Joy Park Habitat Enhancement Project. October 26, 2009 Packet Page Number 18 of 171 15 City Council Meeting Minutes I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on (Signature) Mayor (Date) Seconded by Councilmember Hjelle. The motion passed. WITNESSED: (Signature) City Clerk, 8. Legacy Village Annual Planned Unit Development Review Councilmember Hjelle moved to appro planned unit development in one year. Seconded by Councilmember Juenemann The motion passed. 9. Salvation Army Conditional Use Councilmember Hjelle m 2080 Woodlynn Avenue. a maior change. Seconded by Councilme The motion passed. B 4 Ayes —All 1. White Bear Avenue Improvements (County Road D portion), City Project 08 -13, Resolution of Concurrence with Ramsey County for Award of Bid Councilmember Hjelle moved to approve the resolution of Concurrence with Ramsey County for Award of Bid for White Bear Avenue Improvements (County Road D portion), City Project 08 -13. RESOLUTION 09 -10 -277 CONCURRENCE FOR AWARD OF BID BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Shafer Contracting Company, Inc. in the amount of $2,470,631.89 for the Base Bid plus Bid Alternate 1 is the lowest responsible bid for the construction of the White Bear Avenue Improvements (County Road D portion) — City Project 08 -13, and per the cooperative agreement between Ramsey County and the City of Maplewood (Agreement PW 2009 -16), the City of Maplewood, through this resolution, is signifying concurrence in order for Ramsey County to enter into a construction contract with Shafer Contracting Company, Inc. for said improvements. October 26, 2009 Packet Page Number 19 of 171 16 City Council Meeting Minutes the conditional; use permit for the Ayes — All Ayes — All view - 2080 Woodlynn Avenue (Date) Villaae only if a problem arises or if the owner Adopted by the council this 26th day of October 2009. Seconded by Councilmember Rossbach. Ayes — All ie The motion passed. 2. Replacement of City Hall Boilers, Award of Bid (Stimulus Funded) Councilmember Hjelle moved to approve the approval to spend up to $64,400 of Stimulus Funds and $1,500 of Funds Leveraged from GL #101 - 115 - 000 -4430 (Repair and Maintenance of Equipment) for a total proiect amount of $65,900. Staff is recommending that City Council approved the Boilers Replacement Proiect and award the bid to Egan Company with a bid of $65,900. Seconded by Councilmember Juenemann. Ayes — All The motion passed. VISITOR PRESENTATIONS — PART 11 None. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 18 p.m. October 26, 2009 Packet Page Number 20 of 171 17 City Council Meeting Minutes Agenda Item J.1 MEMORANDUM TO: James Antonen, City Manager FROM: Shaon Finwall, AICP, Environmental Planner Virginia Gaynor, Natural Resources Coordinator Alan Kantrud, City Attorney SUBJECT: Consider Adoption of the Revised Wetland Ordinance and Wetland Classification Map — First Reading DATE: November 2, 2009 for the November 9 City Council Meeting INTRODUCTION Wetlands serve beneficial environmental and economic functions. They maintain water quality by filtering pollutants and reduce flooding and erosion, they provide food and habitat for wildlife, open space for human interaction, and they are an integral part of the city's environment. Development surrounding wetlands may degrade, pollute, or accelerate the aging of wetlands. Regulating land use around wetlands is therefore in the public interest. The City of Maplewood has over 300 wetlands. The city regulates land use around these wetlands through our wetland ordinance; which was originally adopted in 1996 and has been under review and revision by the environmental and natural resources commission and the city council since 2006. BACKGROUND On September 28, 2009, the city council held a public forum to review revisions to the wetland ordinance. During the public forum staff outlined solutions to the two remaining areas of concern expressed by the city council during a workshop in June: 1) consider regulating wetlands that are adjacent to lakes differently than other wetlands; and 2) better define incentives for best management practices. During the public forum, staff and resident representative Sharon Sandeen also discussed two alternative ordinance formatting proposals intended to clarify regulations that would apply to new development and construction versus regulations that would apply to existing homeowners. The city council offered feedback on the proposed solutions and directed staff to work with Ms. Sandeen to combine the staff and resident ordinance formats into one document. DISCUSSION Areas for Review Following is a summary of the feedback given by the city council regarding the two remaining areas of concern and how the issues are dealt with in the ordinance: Consider regulating wetlands that are adjacent to lakes differently than other wetlands. 1 Packet Page Number 21 of 171 The wetland classification map identifies five lakes in Maplewood with wetlands adjacent to the lake {Beaver, Kohlman, Oehrline, Spoon, and Wakefield }. Properties adjacent to these wetlands are subject to two separate forms of city regulation, shoreland and wetland ordinances. The city council expressed concern with the dual regulations, especially in light of the fact that lakes are used by the public in a much different way than wetlands. Lakes are used for recreational purposes, and property owners on lakes want access to them for swimming and boating. Wetlands on the other hand are not used for recreational purposes to the same degree as a lake and access to them is usually more passive, such as a walking path for wildlife viewing. For this reason the city council determined that these wetlands should be reviewed as part of the city's overall lake system, and that they should eventually be included in the city's shoreland ordinance. The city's shoreland ordinance will be updated once the Minnesota Department of Natural Resources adopts new state shoreland rules, which is scheduled for completion in the spring of 2010. Based on this timeline, the city could feasibly revise our shoreland ordinance to reflect the new state shoreland rules and include regulations for wetlands adjacent to lakes by 2012. Until such time, however, the city council has chosen to adopt the Ramsey - Washington Metro Watershed District buffer requirements for wetlands adjacent to lakes as follows: Manage A — 75 -foot minimum, Manage B — 50- foot minimum, Manage C — 25 -foot minimum. Lake Wetland Classification Buffer Beaver Manage A 75 ft. Kohlman Manage A 75 ft. Spoon Manage B 50 ft. Oehrline Manage B 50 ft. Wakefield Manage B 50 ft. In addition, the wetland ordinance will contain a sunset provision which drops the regulation of wetlands adjacent to lakes on December 31, 2012; or when the city adopts a new shoreland ordinance, whichever comes first. 2. Better define incentives for best management practices: The ordinance does not include an incentive program for the implementation of best management practices. Based on city council comments regarding this matter, city staff had interpreted two reasons for the proposal to add incentives for best management practices. First is the idea of reducing buffer widths if a property owner establishes best management practices on their property. Second is the idea of creating incentives for people who establish best management practices on their property. a. Using reduced buffers as an incentive for best management practices. The suggestion to use reduced buffer widths as an incentive for residents to enhance a buffer is based on scientific literature indicating buffer quality is more important than buffer width. A blanket statement such as this ignores the importance of the initial and final quality of a buffer. 2 Packet Page Number 22 of 171 If a buffer is currently lawn, restoring a portion to native or naturalized vegetation would definitely improve the quality of the buffer. The ordinance exempts existing (nonconforming) lawn areas that are located within a buffer from most of the buffer restrictions. Thus, a reduction of buffer width in this situation would not be an incentive, since there are virtually no restrictions in the buffer. Once this was better defined to the city council and the public it was clear that there was a misunderstanding about what the ordinance intended for nonconforming lawn areas. To resolve this issue staff has drafted a wetland guide to compliment the city's ordinance (Attachment 1). The guide will serve as an easy review of wetland regulations for property owners. For buffers of native or naturalized vegetation, it is not clear that full -scale restoration or best management practices outside the buffer would be more effective than the existing buffer. Every situation would differ; some may maintain or enhance wetland quality, some may reduce wetland quality. One goal of the ordinance is to ensure that the quality of buffers and wetlands improves over time, rather than deteriorates. At a minimum, staff does not want to lose buffers that are currently in native or naturalized vegetation. It is impractical for us to try to develop a model that would ensure that the best management practices undertaken would mitigate the loss of a naturalized buffer. For this reason, the draft ordinance does not include a provision which allows for reduced buffers, except for instances of buffer averaging and variances. Resident concern: In our final review of the draft ordinance with Ms. Sandeen, the issue of using reduced buffers as an incentive for best management practices was the one area which remains unresolved between city staff and Ms. Sandeen. Ms. Sandeen asserts that the city councils' intent for this provision was to offer reduced buffers as an incentive to homeowners for making improvements to their property. Ms. Sandeen will submit her proposed ordinance language for the reduction in buffers as an incentive under separate document to the city council prior to the November 9 public hearing. b. Creating incentives for people who establish best management practices on their property. All three of Maplewood's watershed districts offer grants to help cover the cost of best management practices on residential and commercial property. After the adoption of the wetland ordinance staff hopes to expand our partnership with the watershed districts and our programming to include increased cost- sharing and technical support for best management practices. The keys to a successful wetland buffer incentive program includes partnering or expanding on existing programs, steady funding from the environmental utility fund (EUF), and staffing. With this in mind the most relevant incentive programs include education, technical support (i.e., staff assisting with wetland restoration plans), cost - sharing (i.e., city and watershed district sharing in the costs of best management practices), awards and recognition, increased EUF credits, material goods and coupons (i.e., offering free or reduced price rainbarrels), services (i.e., staff conducting water quality audits), and increased incentives for neighborhood based projects. 3 Packet Page Number 23 of 171 The city council agreed that the adoption of the wetland ordinance will offer an excellent opportunity for the city to begin planning for these types of best management practice incentive programs. These types of incentive programs cannot be written into an ordinance. Ordinance Format City staff had been using the city's 1995 wetland ordinance as an outline for the new ordinance. All revisions had been shown as underlined if added and sticken if deleted. Due to the number and complexity of the revisions made to the ordinance over time, the redlined version of the ordinance became difficult to follow. During the public forum Ms. Sandeen presented a reformatted ordinance she had drafted to clarify regulations that would apply to new development and construction versus regulations that would apply to existing homeowners. Since the public forum city staff, the city attorney, and Ms. Sandeen worked together to rewrite the wetland ordinance to ensure better formatting and to ensure that it covered all areas of the ordinance previously adopted by the city council. That ordinance is attached for the city council's consideration and first reading (Attachment 2). The outline of the draft ordinance is as follows: Section 1. Findings: This section covers the city's findings for regulating wetlands, streams, and their buffers. Section 2. Definitions: This section covers definitions of important words and phrases used in the wetland ordinance. Section 3. Applicability and Effective Date: This section covers who and what property is bound by the wetland ordinance, what wetland classifications and wetland map will be adopted, and the date the ordinance will become effective. This section also discusses the sunset provision for wetlands adjacent to lakes. Section 4. Buffer Widths and Requirements: This section covers the required wetland buffer widths for each wetland classification, including buffer averaging which would be allowed on Manage A and B wetlands. This section also discusses the alternative buffer widths for wetlands adjacent to lakes. Section 5. Development and Construction: This section covers regulations for new development and construction adjacent to and within a buffer. Section 6. Activities in Wetlands, Streams, and Buffers: This section covers regulations for pre - existing, nonconforming lawn areas. This includes the types of activities that can take place in an existing lawn area, the types of activities that require city staff approval (wetland management worksheet), and the types of activities that are prohibited or would require a variance. Section 7. Best Management Practices: This section covers guidelines for required and encouraged best management practices. Section 8. Variances: This section covers procedures for granting a variance. It also discusses projects which would be exempt from variances including the replacement of a pre - existing, nonconforming manufactured home within or too close to a buffer; 4 Packet Page Number 24 of 171 rebuilding of a pre- existing, nonconforming single or double dwelling residential structure within or too close to a buffer; and straight -edge additions to pre- existing, nonconforming single or double dwelling residential structures within or too close to a buffer. Section 9, Enforcement: This section covers how the ordinance will be enforced and the penalties for violations of the ordinance for new development and construction and existing property owners. SUMMARY The draft wetland ordinance has undergone thorough research, planning, and reviews by the environmental and natural resources commission, city council, staff, and residents. The end result is an ordinance that attempts to balance the protection of wetlands with the right of private land owners to use their land. City staff is grateful for the assistance of Sharon Sandeen to better understand resident concerns over the new regulations, and to guide us toward more clear and concise ordinance language. RECOMMENDATION Approve the first reading of the attached ordinance (Attachment 2). This ordinance revises the city's wetland regulations and adopts by reference the new wetland map (Attachment 3). 2. Set the date of November 23, 2003, for the second reading of the revised wetland ordinance. P :\com- dev \ord \environmental protection\wetland \11 -9 -09 First Reading Staff Report Attachments: 1. Draft Wetland Ordinance Guide 2. Draft Wetland Ordinance 3. Draft Wetland Map 5 Packet Page Number 25 of 171 Attachment 1 Maplewood's Wetland Ordinance What Property Owners Living Adjacent to Wetlands Should Know RAFT /23/0 Maplewood's wetland ordinance Maplewood's wetland ordinance is found in Maplewood Code, Article VII, Section 12 -310. Wetlands serve beneficial environmental and economic functions. They maintain water quality by filtering pollutants and reducing flooding and erosion, provide food and habitat for wildlife, provide open space for human interaction, and are an integral part of the city's environment. Activity surrounding wetlands may degrade, pollute, or accelerate the aging of wetlands. The information below summarizes the parts of the wetland ordinance that are particularly applicable to homeowners. What is a wetland buffer? The buffer zone is the strip of vegetation located between developed land and a lake, stream, or wetland. A good buffer protects the water or wetland, adds beauty, and provides habitat for wildlife. The best buffers have a diverse mix of native or naturalized vegetation. This protects the wetland by stabilizing the shoreline, slowing and filtering runoff, and providing habitat needed for biological processes and plant and animal life. Why does the ordinance restrict activities on naturalized buffers? The ordinance tries to balance the protection of wetlands with the right of private land owners to use their land. The city's goal is to ensure that the quality of buffers and wetlands improves overtime, rather than deteriorates. At a minimum, the city does not want to lose any buffers that are currently in native or naturalized vegetation. Thus, buffers with native or naturalized vegetation have restrictions and cannot be changed to lawn or to play areas. The ordinance allows for existing lawn and yards to be used to their full potential as lawns and yards. Residents that are currently mowing lawn to the water's edge may continue to do so; they are encouraged to restore a strip of non- mowed vegetation at the water's edge, but they are not required to do so. Why do I need to fill out a Wetland Management Worksheet to manage my naturalized buffer? Some management activities can inadvertently result in damage to a wetland (ex: erosion, herbicide drift). The ordinance permits some activities that are small scale and unlikely to lead to harm. But a Wetland Management Worksheet and staff approval is required for many activities in buffers with native or naturalized vegetation. The worksheet is intended to help residents understand the potential for damage and make sure the plans for their project have minimized that risk. Packet Page Number 26 of 171 ACTIVITIES PERMITTED IN THE BUFFER IF BUFFER AREA IS CURRENTLY LAWN OR YARD The wetland ordinance restricts alteration of the wetland itself. It does not restrict alteration of buffer areas that are currently [as of date of ordinance] lawn or yard. Homeowners may continue to have these areas in lawn or yard and may make improvements and changes to these areas that are consistent with yard use. For example, a swing set or vegetable garden could be added to an area that is currently lawn, shrubs may be removed, a bufferfly garden could be taken out and planted as lawn. The wetland ordinance does not require that you get permission for altering areas of your buffer that are in lawn or yard. However, other city ordinances and permits may apply for activities such as grading and building walls. Projects that have potential for erosion or will have large areas of bare soil for more Insert diagram of yard than a few days should provide erosion control. If a homeowner would like to restore the buffer to native vegetation they may do so. No permission is needed for areas that are currently lawn or yard. You do not have to fill out the Wetland Management Worksheet. IF THE BUFFER CURRENTLY HAS NATIVE OR NATURALIZED VEGETATION The wetland ordinance restricts activities in buffer areas that are in native or naturalized vegetation. Native vegetation includes plant species that are indigenous to Minnesota and would have existed Insert diagram of yard here prior to European settlement. Naturalized vegetation includes plant species that exist on a site without having been planted. They may be native or non - native. See next page for permitted activities. Packet Page Number 27 of 171 Activities permitted in naturalized or native buffer The following activities are permitted in naturalized or native buffesr and do not require staff approval: 1. Selective pruning of trees to enhance health of tree, buffer, or wetland 2. Removal of dead, dying, diseased or hazardous trees or limbs (but no vehicles or heavy equipment allowed in the buffer) 3. Selective* removal of saplings <3" in diameter 4. Removal of non - native shrubs, such as buckthorn, if: a. there is little chance of erosion, and b. site is flat or has only slight slopes, and c. cut and treat method of removal is used on shrubs > %" diameter (not pulling) 5. Selective* removal of non - native herbaceous vegetation (grasses, flowers, ferns) 6. Selective* planting of native vegetation 7. Installation of temporary fencing without footings *Selective means a few individual plants or a few small patches of vegetation <3' diameter. Activities in naturalized or native buffer requiring Residential Wetland Management Worksheet and staff approval The following activities, or others not listed to the left, require a Wetland Management Worksheet with staff approval. Many of these activities will be approved if done in conjunction with restoration or management that leads to enhancement of the buffer and/or wetland health and function. 1. Restoration of buffer to native plants 2. Removal of healthy trees 3. Removal of non- native shrubs (except as indicated in adjacent column) 4. Removal of native shrubs 5. Removal of native or non- native herbaceous vegetation (except state or county listed noxious weeds or indicated in adjacent column) 6. Planting native vegetation (except selective as indicated in adjacent column) 7. Killing existing vegetation in preparation for restoration 8. Installing stonework or retaining walls 9. Using motorized vehicles and heavy equipment 10.Grading or filling 11. Installing a trail 12. Installing boardwalk or dock 13. How do I know what my wetland's classification is? A map showing the classification for each Mpalewood wetland can be found on the city website at www.ci.maplewood.mn.us \wetlands. If you do not have web access, or if you have questions about the classifications, contact Maplewood's Community Development and Parks Department at 651 - 249 -2300. What is the buffer width for my wetland? Required buffer width is as follows: Manage A 100' minimum Manage B 75' minimum Manage C 50' minimum Where does the buffer start? The buffer starts at the wetland edge. For existing properties, you can use the high water mark as the wetland edge. Some wetlands dry up during summer so the water's edge is not the wetland edge. In new development the wetland edge will usually need to be delineated by a professional wetland delineator. How do I know if a plant is native? A list of Minnesota native plants is maintained by the University of Minnesota Herbarium and can be accessed at: www.bellmuseum.org /plants /mn_flora.html (click on state checklist). The list includes both native and non - native plants. For property owners intending to plant native plants, it is easier to use native plant lists from Minnesota nurseries that specialize in native plants (for example: Prairie Restorations, Inc., Landscape Alternatives, or Prairie Moon Nursery.) Packet Page Number 28 of 171 01 i i Attachment 2 AN ORDINANCE AMENDING THE ENVIRONMENTAL PROTECTION AND CRITICAL AREA ARTICLE OF THE CITY CODE The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: This amendment revises portions of Article VII. (Environmental Protection and Critical Area) dealing with wetlands. Section 1. Findings. a. Wetlands serve a variety of beneficial functions. Wetlands help maintain water quality by filtering suspended solids and pollutants.They reduce flooding and erosion. They provide food and habitat for wildlife and open space for human interaction, and are an integral part of the city's environment. Depending upon their type, size, and location within a watershed, they represent important physical, educational, ecological, aesthetic, recreational, and economic assets of the city. Properly managed wetlands are needed to support the city's efforts to reduce flooding and to protect the public health, safety, and general welfare. b. Streams are also significant elements of the city's hydrologic system. Streams flow into wetlands and lakes, provide food and habitat for wildlife, provide open space, and are an integral part of the city's environment. Like wetlands, streams are an important physical, educational, ecological, aesthetic, recreational, and economic asset. C. Various existing state and federal laws restrict activities and development within wetlands and streams. The city finds that development adjacent to and surrounding wetlands may also degrade and pollute wetlands or accelerate the aging or elimination of wetlands and that development next to streams may degrade, pollute, or damage streams and, in turn, degrade other surface waters downstream. Regulating development and land use around wetlands and streams is therefore in the public interest. d. As defined and used herein, buffers are land areas adjacent to wetlands and streams that are deemed important for maintaining the health and valuable functions of such wetlands and streams. Restricting development of and land use in buffers recognizes that the surrounding upland impacts the quality and functions of wetlands and streams and, therefore, is in the public interest. e. Buffers with native or naturalized vegetation serve the following functions: (1) Stabilize soil and prevent erosion. (2) Preserve and enhance surface water quality by reducing the input of suspended solids, nutrients, and harmful chemical substances that may adversely impact public health or aquatic habitat. (3) Filter suspended solids, nutrients, pollutants, and harmful substances. Packet Page Number 29 of 171 (4) Moderate water level fluctuations during storms. (5) Protect beneficial plant life and provide habitat for wildlife. (6) Provide shade to reduce the temperature of both stormwater runoff and the wetland, thereby helping to maintain the conditions for healthy aquatic life. (7) Reduce the adverse impacts of human activities on wetlands and streams and thereby preserve them in a natural state. g. In addition to regulating development and land use around wetlands, this ordinance is intended to educate the public (including appraisers, owners, potential buyers, and developers) about the importance of wetlands and streams and the functions of buffers and to encourage property owners who live adjacent to and/or near wetlands and streams to be responsible stewards by managing and enhancing the quality of buffers as hereinafter described. Section 2. Definitions. The following words, terms, and phrases when used in this ordinance shall have the meanings ascribed to them in this section, except where the context of the word, terms, and phrases clearly indicates a different meaning. Alteration means human action that adversely affects the vegetation, hydrology, wildlife or wildlife habitat in a wetland, stream or buffer, including grading, filling, dumping, dredging, draining, paving, construction, application of gravel, discharging pollutants (including herbicides and pesticides), and compacting or disturbing soil through vehicle or equipment use. Alteration also includes the mass removal of vegetation by means of cutting, pruning, topping, clearing, relocating, or applying herbicides or any hazardous or toxic substance designed to kill plant life, Alteration does not include the following: a. Walking, passive recreation, fishing, maintenance of pre- existing, nonconforming lawn areas, or other similar low- impact activities. b. Selective planting of vegetation that is native to Minnesota. C. The management of native plants and trees in order to enhance their health through selective cutting, pruning, topping, clearing, and relocating. d. The management of or removal of non - native plants and trees through selective cutting, pruning, topping, clearing, and relocating, provided that any removal of non- native vegetation is accomplished by using best practices that are designed to eliminate the possibility of soil compaction and erosion. e. The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in a manner that does not cause the compacting or disturbing of soil through vehicle or equipment use. The non- chemical control or removal of weeds and noxious weeds within the buffer. Packet Page Number 30 of 171 g. The removal of noxious weeds by means of chemical treatment in accordance with application methods that are designed to prevent the dissipation of toxic chemicals into wetlands and streams. h. Selective pruning of trees to enhance health (not to improve aesthetics or gain a view). Selective removal of saplings. Removal of non - native shrubs, such as buckthorn, if 1. there is little chance of erosion; and 2. site is flat or has only slight slopes; and 3. cut and treat method of removal is used on shrubs less than one -half ( ' 12) inches in diameter (not pulling). k. Selective removal of herbaceous vegetation (grasses, flowers, ferns). Installation of temporary fencing without footings. M. Projects within the buffer which are the subject of a wetland management worksheet approved by city staff. Best management practices (BMP's) mean measures taken to minimize negative effects of stormwater runoff on the environment including, but not limited to, installation of rain gardens, infiltration basins, infiltration trenches, retention basins, filters, sediment traps, swales, reduction of impervious surfaces, planting of deep - rooted native plants, landscape and pavement maintenance. Buffers are land areas adjacent to wetlands and streams in which development and land use are restricted as set forth herein and in which the growth of native and naturalized plants and trees are to be preserved and encouraged in accordance with this ordinance. Clearing means the cutting or removal of vegetation. Enhancement means an action that increases the functions and values of a wetland, stream, or buffer. Erosion means the movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, and gravity. Infiltration basin means a pond or basin that captures stormwater and allows it to soak into the ground. An infiltration basin will typically drain within forty -eight (48) hours of a storm event. Lake means an area of open, relatively deep water that is large enough to produce a wave - swept shore. Lake shall also be defined as a "public water" as delineated and listed in the city's shoreland ordinance (Article IX). Large -scale proiect means a vegetation maintenance, control, removal, mitigation or restoration project that will affect more than fifty percent (50 %) of a buffer located on a piece of property. Packet Page Number 31 of 171 Lawn area means that area within a buffer with manicured landscape, including areas of mowed turf grass, gardens, play areas, work areas, patios, play structures, and nonpermanent structures. Lawn area does not include: (1) areas within a buffer consisting of native or naturalized vegetation; and (2) the land area that is outside of a buffer. Mitigation means an action that reduces, rectifies, eliminates, or compensates for the alteration of a buffer or wetland. Native area means an area where native vegetation exists. Native vegetation means tree, shrub, grass, or other plant species that are indigenous to the Twin Cities metropolitan area that could have been expected to naturally occur on the site. Native vegetation does not include noxious weeds. Naturalized area means an area where naturalized vegetation exists and does not include a lawn area. Naturalized vegetation means tree, shrub, grass, or other plant species that exists on a site naturally without having been planted or maintained as a lawn area. It may be a native or non- native species. Noxious weed means plants listed as prohibited noxious weeds in the Minnesota Noxious Weed Law. (See also weed.) Ordinary high water mark (OHWM) means a mark delineating the highest water level maintained for enough time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Public waters means water basins assigned a shoreline management classification by the Minnesota Department of Natural Resources commissioner under Minnesota Statutes, sections 103F.201 to 103F.221, except wetlands less than 84 acres in size that are classified as natural environment lakes. Rain garden means an infiltration basin that is planted as a garden that allows water to infiltrate within forty -eight (48) hours of a storm event. Restoration means restoring a wetland, stream, or buffer in whole or in part to a condition that is similar to that before development of the surrounding area. Selective refers to work done in a naturalized or native buffer to improve the number and viability of native or naturalized plants or to remove non - native vegetation. Selective planting of native vegetation refers to the planting of seeds, seedlings, or plants in a manner that does not result in bare soil or the possibility of soil erosion. Selective cutting, pruning, and topping of plants refers to actions targeted at individual parts of plants and trees for the purpose of encouraging new growth, to shape the plant or tree as recommended for the plant species, to remove crossing limbs and branches, or to reduce or eliminate competition among adjoining plants. Selective removal or relocation of plants, including saplings, refers to a process of thinning vegetation by carefully removing a small percentage of vegetation in order to improve the viability of the remaining plant species, to remove non- native species, or to restore densities typical of native vegetation. Selective does not include large -scale projects. 0 Packet Page Number 32 of 171 Semipublic means land that is maintained by a private organization for public use Setback means the minimum horizontal distance between a structure and the nearest edge of the wetland, stream, or buffer. Slope means the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Straight -edge setback is measurement to determine the allowable setback of an addition to an existing house, garage, deck or driveway which is located closer to or within the required buffer. Straight -edge setback additions are measured by using the exsting edge of the house, garage, deck, or driveway located nearest to the edge of a buffer, wetland, or stream and extending that line in a parallel direction. No portion of the addition can encroach closer to the edge of a buffer, wetland, or stream than the existing structure. Stream means those areas where surface waters produce a defined channel or bed. A defined channel or bed is land that clearly contains the constant passage of water under normal summer conditions. Structure means anything constructed or erected that requires location on the ground or attached to something having location on the ground. Sustainable design means a development design which minimizes impacts on the landscape. Temporary erosion control means methods of keeping soil stable during construction or grading. Temporary erosion control measures include, but are not limited to, silt fencing, erosion control blankets, bale slope barriers, or other best management erosion control methods approved by the city. Stormwater pond means a pond that has been created to capture stormwater runoff. These are not natural wetlands. Stormwater is often piped into these ponds but may also enter through sheet runoff. Variance means a deviation from the standards of this ordinance that is not specifically allowed Vegetation means any plant life growing at, below, or above the soil surface. Stormwater pond edge means the normal high water level for a stormwater pond Weed means a plant which causes damage in some way to native vegetation or ecosystems. (See also noxious weed.) Wetlands means those areas of the city inundated or saturated by groundwater or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas as defined. Where a person has removed or mostly changed the vegetation, one shall determine a wetland by the presence or evidence of hydric or organic soil and other documentation of the previous existence of wetland vegetation such as aerial photographs. This definition does not include lakes or stormwater ponds as herein defined. Packet Page Number 33 of 171 Wetlands adiacent to lakes means those areas of land or vegetation that have been classified as wetlands by an applicable Watershed District in accordance with the Minnesota Routine Assessment Method (MnRAM) system but which are attached to or part of the edge of a lake as defined herein. Wetland classes are defined follows: a. Manage A wetlands are based on the "Preserve" wetland classification as defined in MnRAM. These wetlands are exceptional and the highest - functioning wetlands in Maplewood. b. Manage B wetlands are based on the "Manage 1" wetland classifications as defined in MnRAM. These wetlands are high - quality wetlands. C. Manage C wetlands are based on the "Manage 2" wetland classifications as defined in MnRAM. These wetlands provide moderate quality. d. Stormwater Pond — These are ponds created for stormwater treatment. A stormwater pond shall not include wetlands created to mitigate the loss of other wetlands. Wetland functions means the natural processes performed by wetlands, such as helping the food chain production, providing wildlife habitat, maintaining the availability and quality of water such as purifying water, acting as a recharge and discharge area for groundwater aquifers, and moderating surface water and stormwater flows, and performing other functions, including but not limited to those set out in U.S. Army Corps of Engineers regulations. Wetland management worksheet is a worksheet which is required to be completed by a property owner who wishes to undertake non - selective activities in a wetland or stream buffer. Such worksheet must be approved by city staff prior to any non - selective work in the buffer. Wetland or stream edge means the line delineating the outer edge of a wetland or stream. The wetland edge shall be established using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands dated January 10, 1989, and jointly published by the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and the U.S. Soil Conservation Service, or succeeding publication that is adopted by the Federal Government. The applicable watershed district must verify this line. Section 3. Applicability and Effective Date. a. Applicability. This ordinance shall take effect after the city publishes it in the official newspaper. 2. Except as specified elsewhere in this ordinance, this ordinance shall apply to all real property which is located in a wetland, stream, or buffer or any person or use that would alter a wetland, stream, or buffer after adoption of this ordinance (add date of adoption of new ordinance). 3. The city adopts the wetland classification map dated (add date of adoption of new ordinance), which is based on wetland classifications from the MnRAM Packet Page Number 34 of 171 studies and assigned by the applicable watershed district. Other wetland classification regulations are as follows: a. The city council will adopt changes to the wetland map which are based on MnRAM studies conducted and approved by watershed districts. b. Any wetland not currently assigned a classification based on MnRAM studies as of the date of the adoption of this ordinance (add date) shall carry over the city's April 24, 1995, wetland classifications and shall be assigned the following management classes: 1) Class 1 wetlands are defined as Manage A wetlands. 2) Class 2 wetlands are defined as Manage A wetlands. 3) Class 3 wetlands are defined as Manage B wetlands. 4) Class 4 wetlands are defined as Manage C wetlands. 5) Class 5 wetlands are defined as stormwater ponds. C. Wetlands adjacent to lakes will be regulated by this ordinance until December 31, 2012, or until the city adopts a new shoreland ordinance that includes the regulation of these wetlands, whichever occurs first. d. Appeals to the wetland classifications are within the jurisdiction of the applicable watershed district and shall be filed and heard pursuant to the administrative review process of that district. In the event that an appeal is granted, the city will recognize the results of that appeal for purposes of the classification of wetlands within the city. 4. When any provision of any ordinance conflicts with this ordinance, the provision that provides more protection for buffers, wetlands, or streams shall apply unless specifically provided otherwise in this ordinance. This also applies to the applicable watershed district regulations. b. Exemptions. This ordinance does not apply to the following property located in the city limits of Maplewood: Property which is located within a buffer, but is separated from the wetland or stream by an existing road. 2. Nonconforming buildings and structures not in conformity with the regulations prescribed in this ordinance as of its effective date shall be regarded as nonconforming and may continue. 3. Nonconforming lawn areas not in conformity with regulations prescribed in this ordinance as of its effective date shall be regarded as nonconforming and may continue. Nonconforming lawn areas will lose its legal nonconforming status if it is converted to native or naturalized buffer. 7 Packet Page Number 35 of 171 Section 4. Buffer Widths and Requirements. a. Minimum buffers. The following are the minimum required buffer widths and structure setbacks: Buffer Wetland Classes Manage A Stormwater & Streams Manage B Manage C Pond Minimum Buffer Width 100 ft. 75 ft. 50 ft. 10 ft. Structure Setback from Edge of Buffer 0 0 0 10 ft. b. Buffer measurement. Buffers shall be measured from the wetland or stream edge. C. Buffers containing slopes. For new development or construction on slopes greater than eighteen percent (18 %) that are within a buffer, the buffer width shall be increased to ten (10) feet beyond the apex of the slope. Extension of the buffer for steep slopes shall apply to all wetland classes. d. Buffers for wetlands adjacent to lakes. In light of the fact that lakes perform different functions than wetlands and streams and are used for different recreational purposes, wetlands adjacent to lakes and their designated buffers shall have alternative buffers based on the Ramsey - Washington Metro Watershed District's wetland buffer requirements. The following alternative buffers for wetland adjacent to lakes will apply until December 31, 2012, or until the city adopts a new shoreland ordinance that includes the regulation of these wetlands, whichever comes first. Buffer Wetland Classes (for Wetlands Adjacent to Lakes) Manage A Manage B Manage C Minimum Buffer Width 75 ft. 50 ft. 25 ft. e. Average Buffers: Recognizing that there are instances where, because of the unique physical characteristics of a specific parcel of land, the averaging of buffer width for the entire parcel may be necessary to allow for the reasonable use of the land during a development or construction project. In such cases decreasing the minimum buffer width will be compensated for by increased buffer widths elsewhere in the same parcel to achieve the required average buffer width. The average buffer standards set forth below may be applied based on an assessment of the following: a) Undue hardship would arise from not allowing the average buffer, or would otherwise not be in the public interest. b) Size of parcel. E Packet Page Number 36 of 171 C) Configuration of existing roads and utilities. d) Percentage of parcel covered by wetland. e) Configuration of wetlands on the parcel. f) Averaging will not cause degradation of the wetland or stream. g) Averaging will ensure the protection or enhancement of portions of the buffer which are found to be the most ecologically beneficial to the wetland or stream. 2. The following are the average buffer widths: Buffer Wetland Classes Manage A & Streams Manage B Manage C Minimum Buffer Width 75 ft. 50 ft. 50 ft. Average Buffer Width 100 ft. 75 ft. NIA 3. A mitigation plan is required for construction of development projects which meet the requirements described in Section 5.d. (Mitigation). 4. The appropriateness of using average buffers will be evaluated as part of the review of the contractor's or owner's development application. The average buffer used must be within the spirit and intent of this ordinance and must meet one or more of the requirements described in Section 7 (Best Management Practices). Section 5. Development and Construction. a. Unless an exemption applies, the following development and construction activities are not allowed in wetlands, streams, or buffers: 1. Alterations, including the filling of wetlands. 2. The construction of structures. 3. Projects which convert native or naturalized areas to lawn area. 4. The construction of stormwater drainage facilities, sedimentation ponds, infiltration basins, and rain gardens within a buffer. 5. The discharging of stormwater to a wetland must comply with the city's stormwater management ordinance (Section 44 -1245, or subsequent ordinances). Packet Page Number 37 of 171 b. Exemptions. This ordinance does not apply to the following: 1. Walking, passive recreation, fishing, maintenance of pre - existing, nonconforming lawn area, or other similar low- impact activities. 2. Selective planting of vegetation that is native to Minnesota. 3. The management of native plants and trees in order to enhance their health through selective cutting, pruning, topping, clearing, and relocating. 4. The management of or removal of non - native plants and trees through selective cutting, pruning, topping, clearing, and relocating, provided that any removal of non - native vegetation is accomplished by using best practices that are designed to eliminate the possibility of soil compaction and erosion. 5. The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in a manner that does not cause the compacting or disturbing of soil through vehicle or equipment use. 6. The non - chemical control or removal of weeds and noxious weeds within the buffer. 7. The removal of noxious weeds by means of chemical treatment in accordance with application methods that are designed to prevent the dissipation of toxic chemicals into wetlands and streams. 8. Selective pruning of trees to enhance health (not to improve aesthetics or gain a view). 9. Selective removal of saplings. 10. Removal of non - native shrubs, such as buckthorn, if: a) there is little chance of erosion; and b) site is flat or has only slight slopes; and C) cut and treat method of removal is used on shrubs less than one -half ( inches in diameter (not pulling). 11. Selective removal of herbaceous vegetation (grasses, flowers, ferns). 12. Installation of temporary fencing without footings. 13. Projects within the buffer which are subject of a wetland management worksheet approved by staff, such as the conversion of lawn area to native or naturalized. 14. Public or semi- public streets and utilities. The city council may waive the requirements of this ordinance for the construction or maintenance of public or semipublic streets and utilities through buffers where it determines that there is a greater public need for the project than to meet the requirement of this ordinance. In waiving these requirements the city council shall apply the following standards: iK Packet Page Number 38 of 171 a) The city may only allow the construction of public or semipublic utilities and streets through buffers where there is no other practical alternative. b) Before the city council acts on the waiver the planning commission and the environmental and natural resources commission shall make a recommendation to the city council. The planning commission shall hold a public hearing for the waiver. The city shall notify the property owners within five hundred (500) feet of the property which the waiver is being requested at least ten (10) days before the hearing. C) Utility or street corridors shall not be allowed when endangered or threatened species are found in the buffer. d) Utility or street corridors, including any allowed maintenance roads, shall be as far from the wetland as possible. e) Utility or street corridor construction and maintenance shall protect the wetland and buffer and avoid large trees as much as possible. f) The city shall not allow the use of pesticides herbicides or other hazardous or toxic substances in buffers or wetlands, however, in some situations the use of herbicides may be used if prior approval is obtained from city staff. g) The owner or contractor shall replant utility or street corridors with appropriate native vegetation, except trees, at preconstruction densities or greater after construction ends. Trees shall be replaced as required by city ordinance. h) Any additional corridor access for maintenance shall be provided as much as possible at specific points rather than to the road which is parallel to the wetland edge. If parallel roads are necessary they shall be no greater than fifteen (15) feet wide. i) The city council, upon recommendation of the city staff, may require additional mitigation actions as a condition of granting the waiver. 15. Public or semipublic trails. The City may waive the requirements of this ordinance for the construction or maintenance of public or semipublic trails through buffers, and boardwalks in wetlands, where it determines that there is a greater public need for the project than to meet the requirement of this ordinance. In waiving these requirements the city shall apply the following standards: a) Trails shall not be allowed when endangered or threatened species are found to be present in the buffer. b) Buffers shall be expanded, equal to the width of the trail corridor. C) The owner or contractor shall replant all disturbed areas next to the trail in a timeframe approved by the city. lit Packet Page Number 39 of 171 d) All necessary erosion control measures must be in place before constructing a trail. The erosion control measures must also be maintained and inspected by the city to ensure that the wetland or stream is not compromised by trail construction activities. e) The trail must be designed and constructed with sustainable design methods. f) The trail may provide one access point to the wetland but such an access shall be no more than four (4) feet wide. g) Boardwalks are allowed within the buffer and shall be a maximum of six (6) feet in width for semipublic use and twelve (12) feet in width for public use. h) City staff may require additional mitigation actions as specified in Section 5.d. (Mitigation). C. Construction Practices. Special construction practices shall be required on projects or developments adjacent to wetlands and adjacent to and in their buffers. Such practices (to be approved by city staff before issuance of a grading or building permit) may include, but are not limited to, grading, sequencing, vehicle tracking platforms, additional silt fences, and additional sediment control. They may also include the following: Wetland Buffer Sign Standards: The city may require that a property owner or developer install wetland signs before grading or starting construction. The buffer will be identified by installing wetland signs on the boundary between a buffer and adjacent land. These signs shall mark the edge of the buffer and shall state there shall be no building, mowing, cutting, filling, or dumping beyond this point. These signs shall be installed at each lot line where it crosses a wetland or stream buffer, and where needed to indicate the contour of the buffer, with a maximum spacing of one - hundred (100) feet of wetland or stream edge. 2. Erosion Control Installation: Before grading or construction, the owner or contractor shall put into place erosion control measures around the borders of buffers. Such erosion control measures must remain in place until the owner and contractor have finished all development activities that may affect the buffer. 3. Erosion Control Breaches: All erosion control measures must be maintained and inspected to ensure compliance and protection of wetlands, streams, and buffers. The owner or contractor shall be responsible for all erosion /sedimentation breaches within the buffer and shall restore impacted areas to conditions present prior to grading or construction activities. 4. Erosion Control Removal: After completion of grading or construction, the contractor or owner may remove the erosion control measures only after inspection and approval by the city and the applicable watershed district to ensure the areas affected have been established per requirements. 5. Platting: When platting or subdividing property, the plat or subdivision must show the wetland boundaries as approved by the applicable watershed district. 12 Packet Page Number 40 of 171 6. It is the responsibility of the owner to alleviate any erosion during and after completion of grading or construction. The owner or contractor must remove erosion control measures after final approved inspection by the city and the applicable watershed district. d. Mitigation. For large -scale projects or new development or construction, the city requires mitigation when a property owner or contractor has altered or will alter a wetland or buffer. The property owner or contractor shall submit a mitigation plan to city staff for approval. In reviewing the plan, the city may require one or more of the following actions: Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. 2. Rectifying the impact by repairing, rehabilitating, or restoring the buffer. 3. Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. 4. Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two -to -one ratio. 5. Monitoring the impact and taking appropriate corrective measures. 6. Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. A restoration plan must be approved by the city before planting. 7. Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. 8. A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of one hundred and fifty percent (150 %) of estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by staff. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city ordinance or city directive. Section 6. Activities in Wetlands, Streams, and Buffers. a. Unless an exemption applies, the following activities are not allowed in wetlands, streams, or buffers: Alterations, including the filling of wetlands. 2. The construction of structures. 3. Projects which convert native or naturalized areas to lawn area. 13 Packet Page Number 41 of 171 4. The construction of stormwater drainage facilities, sedimentation ponds, infiltration basins, and rain gardens within a buffer. 5. The discharging of stormwater to a wetland must comply with the city's stormwater management ordinance (Section 44 -1245, or subsequent stormwater ordinances). b. Wetland management worksheet. A wetland management worksheet is required for non- selective activities within a wetland and stream buffer. Such worksheet must be approved by city staff prior to any non - selective alteration work in the buffer. An applicant may appeal the denial of a wetland management worksheet by submitting a written appeal request to the director of community development within fifteen (15) days of city staff's written denial of the worksheet. The director shall send appeals of wetland management worksheets to the city council. C. Exemptions. This ordinance does not apply to the following: Walking, passive recreation, fishing, maintenance of pre- existing, nonconforming lawn area, or other similar low impact activities. 2. Selective planting of vegetation that is native to Minnesota. 3. The management of native plants and trees in order to enhance their health through selective cutting, pruning, topping, clearing, and relocating. 4. The management of or removal of non- native plants and trees through selective cutting, pruning, topping, clearing, and relocating, provided that any removal of non - native vegetation is accomplished by using best practices that are designed to eliminate the possibility of soil compaction and erosion. 5. The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in a manner that does not cause the compacting or disturbing of soil through vehicle or equipment use. 6. The non- chemical control or removal of weeds and noxious weeds within the buffer. 7. The removal of noxious weeds by means of chemical treatment in accordance with application methods that are designed to prevent the dissipation of toxic chemicals into wetlands and streams. 8. Selective pruning of trees to enhance health (not to improve aesthetics or gain a view). 9. Selective removal of saplings. 10. Removal of non- native shrubs, such as buckthorn, if: a) there is little chance of erosion; and b) site is flat or has only slight slopes; and lE' Packet Page Number 42 of 171 C) cut and treat method of removal is used on shrubs less than one -half ('!2) inches in diameter (not pulling). 11. Selective removal of herbaceous vegetation (grasses, flowers, ferns). 12. Installation of temporary fencing without footings. 13. Projects within the buffer which are subject of a wetland management worksheet approved by staff, such as the conversion of lawn area to native or naturalized. 14. For properties that are zoned single or double - dwelling residential or are used as a single or double - dwelling residential use: a) The use, maintenance, and alteration of existing nonconforming lawn area for the purpose of outdoor enjoyment which may include gardening, nonpermanent structures (including such things as swing sets and volleyball nets), impervious patios, or fire pits. b) Work within a wetland, stream, or buffer which was approved by the Minnesota Department of Natural Resources water permitting process and access to those areas by a trail which is limited to the width of the permit. Section 7. Best Management Practices. The city encourages and in some cases requires that best management practices be implemented to minimize negative effects of stormwater runoff on the environment when a property owner or contractor has altered or will alter a wetland, stream, or buffer. Best management practices may include the following: a. Restore buffer with native plantings. For large -scale projects or new development or construction refer to Section 5.d. (Mitigation). b. Manage weeds in buffer. Pursuant to state law, all weeds listed on the Minnesota noxious weed list must be controlled by the property owner. Owners are encouraged to control other weeds that are not on the noxious weed list but can threaten the health of a wetland. Submittal of a wetland management worksheet is required for management of weeds within the native and naturalized areas of buffers, except for selective treatment. In addition, a management plan drafted by a professional experienced in wetland and stream restoration may be needed for large -scale projects or new development including: Target weeds. 2. Appropriate management techniques, including the use of chemical treatment if approved by city staff as part of the management plan. 3. Management schedule. 4. Erosion control and reseeding if management will create large areas of dead vegetation. 15 Packet Page Number 43 of 171 5. Cash escrow or letter of credit to cover 150 percent of the required work. C. Reduce stormwater runoff and/or improve the quality of stormwater runoff entering a wetland or stream. This may be achieved through the following strategies or other staff approved best management practices for dealing with stormwater. These practices are to be located outside of the wetland buffer. 1. Reduce amount of pavement on site (i.e. fewer parking stalls, narrower driveways, shared parking with other businesses). 2. Use pervious pavement such as pavers or porous asphalt. 3. Use turf pavers or modified turf areas for overflow parking. 4. Install rain garden or infiltration basin. 5. Install rock trench or rock pit. 6. Install filter strip of grass or native vegetation. 7. Install surface sand filter or underground filter. 8. Install native plantings on site to reduce fertilizer use and improve infiltration. 9. Install a green roof on buildings. 10. Install grit chambers, sediment traps, or forebays. Section 8. Variances. a. Procedures. Procedures for granting variances from this ordinance are as follows: 1. The city council may approve variances to the requirements in this ordinance. 2. Before the city council acts on a variance the environmental and natural resources commission will make a recommendation to the planning commission, who will in turn make a recommendation to the city council. The planning commission shall hold a public hearing for the variance. The city shall notify property owners within five hundred (500) feet of the property for which the variance is being requested at least ten (10) days before the hearing. 3. The city may require the applicant to mitigate any wetland, stream, or buffer alteration impacts with the approval of a variance, including but not limited to, implementing one or more of the strategies listed in Section 5.d. (Mitigation). 4. To approve a variance, the council must make the following findings as depicted in Minnesota Statutes, section 44 -13: a) Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. The term Packet Page Number 44 of 171 "undue hardship" as used in granting a variance means the owner of the property in question cannot put it to a reasonable use if used under conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone are not an undue hardship if reasonable use for the property exists under the terms of this ordinance. b) The variance would be in keeping with the spirit and intent of this ordinance. b. Exemptions to Variances. Variances are not needed for the following: A nonconforming single or double - dwelling residential structure which loses its nonconforming status as described in Minnesota Statutes, section 462.357, subdivision 1(e) is allowed to be rebuilt on its same footprint in its entirety (including foundations and decks) in the buffer if the new single or double - dwelling family residential structure meets the following conditions: a) Best management practices are implemented to help protect the wetland as described in Section 7 (Best Management Practices). City staff approves the location and best management practices through the building permit process. b) All other applicable building ordinance requirements are met. 2. A nonconforming manufactured home which is located within a wetland buffer can be replaced with a new manufactured home without approval of a variance as long as the replacement meets with the requirements of Minnesota Statutes, section 462.357, subdivision 1(a). 3. Additions to a nonconforming single or double - dwelling family house, garage, deck, or driveway using the existing straight -edge setbacks to a wetland or stream if the following apply: a) Property that is zoned single or double - dwelling residential or is being used as a single or double - dwelling residence. b) There is no other reasonable alternative than encroachment toward the wetland or stream with the addition. C) The house, garage, deck, or driveway is a minimum of twenty -five (25) feet from the wetland or stream edge. d) The process of constructing the addition does not cause degradation of the wetland, stream, or the existing buffer. e) Mitigation actions must be met as specified in Section 5.d. (Mitigation). 17 Packet Page Number 45 of 171 Section 9. Enforcement. The city reserves the right to inspect the site or property during regular city business hours or upon notice to the property owner or its designated representative one business day in advance if the inspection is to occur at a different time for compliance with this ordinance during development or construction or alteration pursuant to an approved wetland management worksheet or plan. The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with or violates any section of this ordinance may be charged with a misdemeanor and, upon conviction, shall be subject to punishment in accordance with misdemeanor level convictions as set by State Statute. The violator may be civilly fined and /or liable for restoration costs as well. All land use building and grading permits shall be suspended until the developer has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. The city council approved the first reading of this ordinance on November 9, 2009. The city council approved the second reading of this ordinance on Diana Longrie, Mayor Attest: Karen Guilfoile, City Clerk im Packet Page Number 46 of 171 WHITT BE"R i , Attachment 3 i 0 tY. E 4 1 ft g \` f THIS PAGE IS INTENTIONALLY LEFT BLAND Packet Page Number 48 of 171 Item L - 1 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, City Clerk DATE: November 5, 2009 RE: Canvass of General Election Results It is recommended that Council approve the following resolution canvassing the results of the General Election held on November 3, 2009. CANVASS OF ELECTION RESOLVED, that the City Council of Maplewood, Ramsey County, Minnesota, acting as a canvassing board on November 9, 2009, hereby declares the following results in the November 3, 2009, Municipal General Election. MAYOR: Will Rossbach 3,080 Diana Longrie 2,348 Will Rossbach, receiving the highest number of votes for the General Election will be sworn in as Mayor at a Special meeting of the City Council on January 4, 2010. COUNCIL MEMBER: Kathleen "Kathy" Juenemann 3,024 James Llanas 2,801 Dave Hafner 2,645 Rebecca Cave 2,368 Kathleen Juenemann and James Llanas, receiving the top two highest number of votes for the General Election will be sworn in as Councilmember's at a Special Meeting of the City Council on January 4, 2010. WRITE -IN VOTES: A total of 596 write -in votes were received for Mayor and a total of 480 write -in votes were received for City Council member. A complete record of the write -in votes is attached. Packet Page Number 49 of 171 City of Maplewood November 3, 2009 General Election Record of Write -In Votes Precinct Mayor Number of Number (Write -In Name) Votes 1 Smart 7 Cardinal 3 West 1 2 Rocky 1 Koppen, Mary 1 Azzone, Tom 1 Yacker, Kevin 1 Cardinal, Bob 3 Smart 30 3 Smart, Ken 25 Jacobson, Chris 2 Cardinal, Bob 1 Other 1 4 Smart, Ken 21 Richter, Joshua 1 Anyone But These Two 1 5 Smart, Ken 12 None of the Above 1 Koppen, Mary 3 Bushard, Andrew 1 Rocky Short 1 6 Smart, Ken 42 Benker, Denise 2 Cardinal, Bob 1 Erickson, Ronald 1 Koppen, Mary 1 Rocky Smart 1 Anybody Else 1 7 Cardinal, Bob 3 Hinderer, Joe 1 Smart, Ken 19 Packet Page Number 50 of 171 8 Smart, Ken 41 Cardinal, Bob 2 Brown 1 Smart, Gene 1 Sharp 1 9 Smart, Ken 22 Koppen, Mary 3 Hendrickson, Dennis 1 Peterson, Dave 1 Marve 1 10 Smart, Ken 18 Sharp 1 Bastian 1 11 Smart, Ken 65 Grant, Fran 1 Stenzel, Stephan 1 Blank 1 12 Smart, Ken 49 Cardinal, Bob 1 13 Smart, Ken 16 Koppen, Marvin 1 Bakke 1 McGuire, Mike 1 14 Smart, Ken 23 Cardinal, Bob 2 15 Smart, Ken 42 Scheibel- Elliott 1 Other 1 16 Smart, Ken 98 Smart, Keith 1 Smart, Ron 1 McGuire, Mike 1 Hafner, Dave 1 Smart, John 1 Cardinal, Bob 1 VenderHeydan, Anthony 1 Regan, Casey 1 Packet Page Number 51 of 171 City of Maplewood November 3, 2009 General Election Record of Write -In Votes Precinct Councilmember Number of Number (Write -In Name) Votes 1 Rokke, DelRay 4 2 Moos, Philip 1 Rokke, (Rocky)DelRay 11 Azzone, Tom 1 Azzone, Sam 1 Kubesh, Steven 1 Little, Leon 1 Juker, Fran 1 Smart 2 Nelson, Fred 1 3 Rokke, (Rocky)DelRay 15 Hafner, Dan 1 Sletten, Elizabeth 1 Smart 1 4 Rokke, (Rocky)DelRay 17 Schaefer, Tom 1 Thompson, Lisa 1 Jesus Save Us 1 5 Rokke, (Rocky)DelRay 5 Bibeau, Jeff 2 Smart 1 Bartol, David 1 Bushard, Andrew 1 Short, Rocky 1 McNutty, John 1 Mallet, Wm 1 6 Rokke, (Rocky)DelRay 22 Smart, Ken 1 Hafner 1 O'Mlarey, Peter 2 Seppala, Dick 2 Satera, Shirley 1 Jackson, Kevin 1 Sletten, Elizabeth 1 Erickson, Phyllis 1 Ronanick, John 1 O'Connell, Jason 1 Packet Page Number 52 of 171 7 Rokke, (Rocky)DelRay 11 Hafner, Dave 2 Sletten, Elizabeth 8 Hjelle, Eric 1 Lander, Patricia 1 Nygard, James 1 Rasmussen, Roger 1 Koppen, Mary 1 8 Rokke, (Rocky)DelRay 29 Martin, Robert 1 Bradley, Mark 1 Hafner, Rock 1 Haftner 1 9 Rokke, (Rocky)DelRay 13 Koppen, Mary 1 Bradley, Mark 1 Mackey, Mary 1 10 Rokke, (Rocky)DelRay 16 Hafner, Dave 1 Sletten, Elizabeth 1 Bastian 2 11 Rokke, (Rocky)DelRay 45 DeRokke, William 1 Hafner, Dave 1 Grant, Fran 1 Hougstad, Todd 2 Koppen, Mary 2 Martin, Bill 1 Martin, Robert 1 Sletten, Elizabeth 1 Smart, Ken 3 Stenzal, Stephan 1 12 Rokke, (Rocky)DelRay 37 Smart, Ken 2 Hafner, Dave 1 Motz, Kevin 1 Heart, Ron 1 Superman 1 13 Rokke, (Rocky)DelRay 14 Sletten, Elizabeth 1 Smart 1 14 Rokke, (Rocky)DelRay 26 Smart 1 Packet Page Number 53 of 171 Packet Page Number 54 of 171 Hafner 1 15 Rokke, (Rocky)DelRay 39 Smart, Ken 2 Hafner, Dave 1 16 Rokke, (Rocky)DelRay 77 Hafner, Dave 1 Rockne 1 Koppen, Mary 1 Servatius, Juli 1 Callahan, Colleen 1 Hjelle, Erik 1 Madson, Christian 1 Servatius, John 1 Sletten, Beth 1 Regan, Casey 1 Regan, Bridget 1 Packet Page Number 54 of 171 Packet Page Number 55 of 171 a� y C U N N W N N N N ~ N N OC A A A N N Q� 'n N 40 N C, A W v W N CC W N N N o J w W J A 00 J l0 W A N a A W A 0 d � � C a A N Oe � o W N N fb C h N C Y+ OC FQ _ W '.. N A N J U. W t!� N QS a J m N 17, 'C OC V� V� U, a J O, C b W A OC JO N C A Ob � CC Ot N A W N N A o J h _ y :T Vt N N w W I a O� W 11040 N A A a U� N to A ni N A N 0 00 00 Ch A A C O h N A N O G1 N N W N N N N A -• 50 U� Jt W W O 66 W v (� ^] N N a N Cti N N N W N N W N Packet Page Number 55 of 171 AGENDA NO. L -2 AGENDA REPORT TO: James W. Antonen, City Manager FROM: Robert Mittet, Finance Director RE: Resolution for Adoption of Recycling and Sanitary Sewer Rates for 2010 DATE: November 2, 2009 BACKGROUND The proposed 2010 Budget includes an increase in sanitary sewer utility rates of 7 %. This fund is needed to finance the Metropolitan Council sewage treatment charges to Maplewood that will be 64% of the operating expenses for the Sanitary Sewer Fund in 2010. The sewage treatment charges for 2010 are anticipated to be $2,595,610. Other operating expenses (including depreciation), are anticipated to be $1,458,490 in 2010. The attached Statement of Revenues, Expenses, and Changes in Fund Equity indicate that a 7% annual increase will be required through 2012. Balances projected at the end of 2009 and 2010 in the Recycling Fund do not indicate a need for a rate increase in Recycling. The following is a comparison between the present and proposed rates: Present 2010 Recycling Rate $6.35 $6.35 St. Paul Billing District: Rate per 100 cubic feet $2.39 $2.56 Minimum Charge (per quarter) $13.45 $14.39 North St. Paul, Roseville, Little Canada and Woodbury Billing Districts: Rate per 1,000 gals. $ 3.20 $3.42 Minimum Charge (per quarter) $13.45 $14.39 RECOMMENDATION Staff recommends approval of the attached resolution authorizing the above rates for 2010. Packet Page Number 56 of 171 CITY OF MAPLEWOOD, MINNESOTA SANITARY SEWER FUND (601) STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND EQUITY Operating revenues: Sewer permits Sewer billings Connection charges Total revenues Operating expenses: Administration Billing Sewage treatment Maintenance Depreciation Total expenses Operating income (loss) Nonoperating revenues (expenses): Special assessment penalties & interest Investment earnings Miscellaneous revenues Miscellaneous expenses Gain/(loss) on disposal of property Investment management fees Total nonoperating revenues (expenses) Net income (loss) before contributions Revenue Inc. 7% 354,000 364,620 375,558 Expense Inc. 3% 39,458 40,642 41,861 2010 2011 2012 2013 2014 $4,300 $4,300 $4,300 $4,300 $4,300 4,712,997 5,042,907 5,395,910 5,773,624 6,177,778 4,262,985 4,390,874 4,522,600 4,658,278 0 4,717,297 5,047,207 5,400,210 5,777,924 6,182,078 333,679 343,689 354,000 364,620 375,558 37,193 38,309 39,458 40,642 41,861 2,673,478 2,753,683 2,836,293 2,921,382 3,009,023 899,231 926,208 953,994 982,614 1,012,093 319,403 328,985 338,855 349,020 359,491 4,262,985 4,390,874 4,522,600 4,658,278 4,798,027 Employee Benefits Fund 454,312 656,333 877,610 1,119,645 1,384,051 0 10 10 10 10 16,730 7,680 3,366 (339) 7,813 4,030 400 400 400 400 (4,000) $10,727,304 $10,542,060 $10,949,647 $11,499,791 9,320 6,100 1,786 and transfers 463,633 662,433 879,396 1,117,727 1,390,284 Transfers in (out): Public Improvement Projects Fund (net) (784,000) (746,000) (932,500) (578,000) (708,000) Debt Service Fund (132,140) (132,140) (132,140) (132,140) (132,140) Beaver Lake #519 Cottage Wood #566 Employee Benefits Fund Capital contributions Change in fund equity (452,507) (215,707) (185,244) 407,587 550,144 Fund equity - January 1 11,395,519 10,943,012 10,727,304 10,542,060 10,949,647 Fund equity - December 31 $10,943,012 $10,727,304 $10,542,060 $10,949,647 $11,499,791 Packet Page Number 57 of 171 CITY OF MAPLEWOOD, MINNESOTA SANITARY SEWER FUND (601) STATEMENT OF SOURCES AND APPLICATIONS OF CASH 2010 2011 2012 2013 2014 Net cash flows from operating activities $773,745 $985,728 $1,216,874 $1,469,076 $1,743,952 Net cash flows from noncapital financing activities (319,403) (328,985) (338,855) (349,020) (359,491) Net cash flows from capital and related financing activities (916,140) (878,140) (1,064,640) (710,140) (840,140) Net cash flows from investing activities 9,290 5,690 1,376 (2,329) 5,823 Net increase (decrease) in cash and cash equivalents (452,507) (215,707) (185,244) 407,587 550,144 Cash and cash equivalents - January 1 836,518 384,011 168,304 (16,940) 390,646 Cash and cash equivalents - December 31 $384,011 $168,304 ($16,940) $390,646 $940,790 Packet Page Number 58 of 171 RESOLUTION ADOPTION OF THE 2010 RECYCLING AND SANITARY SEWER RATES WHEREAS, the City of Maplewood has established recycling and sanitary sewer rates, and WHEREAS, city staff has reviewed the recycling and sanitary sewer rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The updated recycling and sanitary sewer rates shall become effective beginning January 1, 2010. 2. The updated recycling and sanitary sewer rates are approved for all related recycling and sanitary sewer services received on or after January 1, 2010. 3. The updated recycling and sanitary sewer rates shall become effective beginning January 1, 2010. 4. The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. Packet Page Number 59 of 171 AGENDA NO. L -3 AGENDA REPORT To: James W. Antonen, City Manager From: Robert Mittet, Finance Director Date: November 2, 2009 Re: Resolution for Adoption of Ambulance Rates for 2010. BACKGROUND Staff is asking the City Council to consider this request to approve a 2% increase in rates for 2010. The 2010 — 2014 Capital Improvement Plan proposed an increase of 3% in each of the following years, 2010 — 2013. The GIP also proposed to defer an ambulance scheduled for replacement in 2012. At this time, Fire Chief Lukin is recommending 2% for 2010. Ambulance rates have been increased over the past several years, most notably with a 21 % increase for 2008. The Medicare law that became effective in 2002 has resulted in decreasing collection rates from 85% in 2000 to 45% in 2007, the most recently completed collection period. The last property tax subsidy to the Ambulance Fund was in 2005. The Medicare law limits allowed rates as follows: Basic life support Advanced life support 1 Advanced life support 2 Charge per mile 2008 2009 $324.49 $338.08 385.34 401.47 557.72 581.07 6.55 6.87 The City's established rates for 2009 and proposed for 2010 are as follows: 2009 Non - transport $ 520.00 Basic life support 1,370.00 Advanced life support 1 1,800.00 Advanced life support 2 1,990.00 Charge per mile 17.80 RECOMMENDATION Staff requests approval of the attached resolution setting Ambulance rates for 2010 at the above rates shown. Packet Page Number 60 of 171 RESOLUTION ADOPTION OF THE 2010 AMBULANCE RATES WHEREAS, the City of Maplewood has established ambulance rates, Tit•_I WHEREAS, city staff has reviewed the ambulance rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The updated ambulance rates shall become effective beginning January 1, 2010. 2. The updated ambulance rates are approved for all related ambulance runs received on or after January 1, 2010. 3. The updated ambulance rates shall become effective beginning January 1, 2010. 4. The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. 2 Packet Page Number 61 of 171 AGENDA NO. L AGENDA REPORT TO: James W. Antonen, City Manager FROM: Robert Mittet, Finance Director RE: Approval of Resolution for Adoption of Electric Franchise Tax Rates for 2010 DATE: November 4, 2009 INTRODUCTION It is proposed to increase the Electric Franchise fee $0.25 per month per household to the rate of $0.75 to cover utility needs, and replacement costs for City owned street lights and signal systems. This will allow further consideration of expenses for Improvement Projects. BACKGROUND Additional Fee increase for other uses that may support Park and other Infrastructure costs are not included in this amount but will be discussed further in 2010. Additional increases can be approved at any time. RECOMMENDATION It is recommended that the Council approve the attached resolution authorizing the increase of the existing Electric Franchise fee for 2010. Packet Page Number 62 of 171 RESOLUTION ADOPTION OF THE 2010 ELECTRIC FRANCHISE TAX RATES WHEREAS, the City of Maplewood has established electric franchise tax rates, and WHEREAS, city staff has reviewed the electric franchise tax rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The updated electric franchise tax rates shall become effective beginning January 1, 2010. 2. The updated electric franchise tax rates are approved for all related services received on or after January 1, 2010. 3. The updated electric franchise tax rates shall become effective beginning January 1, 2010. 4. The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. Packet Page Number 63 of 171 AGENDA NO. L AGENDA REPORT TO: James W. Antonen, City Manager FROM: Robert Mittet,Finance Director RE: Consider Approval of Resolution for Adoption of Environmental Utility Fund Rates for 2010 DATE: November 2, 2009 INTRODUCTION Staff, in preparing the budget for 2010, is proposing a 7% increase in the Environmental Utility Fund rates /fees for 2010. Increasing demands on city resources for stormwater treatment and increasing operating costs make this increase important to the continued fiscal health of this fund. BACKGROUND The anticipated operating expenses in 2010 for the Environmental Utility Fund (EUF) are $1,391,551. The largest expense is the Storm Maintenance /Administration program which accounts for $1,007,351 of this expense, although depreciation in the amount of $325,439 is included in this amount, so the actual cash expenditure is $681,912. Due to the relative early age of this fund, funding of depreciation is not recognized at this time, although with increasing fund balances, this can be considered in future years. After depreciation, the third largest expenditure in 2010 for this program is $195,401 for street sweeping. The net income for 2010 is $374,980. This will provide for an operating balance to help achieve the goal of self - sufficiency (reduced need for bonding only in 2010). The 7% proposed increase will raise the quarterly rates to a single - family home from $14.55 ($4.85 per month) to $15.57, ($5.19 per month); a $0.34 per month increase. Maplewood is a Non - degradation plan community that puts extra pressure on rates and needs. The proposed Maplewood rate is within the middle range of non - degradation communities. DISCUSSION The attached Statement of Revenues, Expenditures and Changes in Fund Equity (from the 2010 — 2014 Capital Improvement Plan) identifies the expenditure and revenue categories, while also identifying the cash balances. As staff projects expenditures into future years, the pressures to expand this program are significant. P:A COUNCILFILES',AGENDAS \2009\EUF RATES 2010.DOCEUF Rates 2010.DOC Packet Page Number 64 of 171 Annual increases of 7% are proposed in the CIP for the next five years to help fund improvements and increased operating expenditures. RECOMMENDATION It is recommended that the Council approve the attached resolution adopting a 7% increase in rates for the Environmental Utility Fund. P:A COUNCILFILES',AGENDAS \2009\EUF RATES 2010.DOCEUF Rates 2010.DOC Packet Page Number 65 of 171 CITY OF MAPLEWOOD, MINNESOTA ENVIRONMENTAL UTILITY FUND (604) STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND EQUITY Revenue Inc. 7.00% Expense Inc. 3.00% ACCT NO. 2010 2011 2012 2013 2014 Operating revenues: 3651 Environmental utility charges $1,765,596 $1,889,188 $2,021,431 $2,162,931 $2,314,337 Total revenues 1,765,596 1,889,188 2,021,431 2,162,931 2,314,337 Operating expenses: Nonoperating revenues (expenses): Administration 71,482 73,626 75,835 78,110 80,454 Billing 37,059 38,171 39,316 40,496 41,711 Nature center 80,258 82,665 85,145 87,700 90,331 Storm sewer maintenance 681,912 702,369 723,440 745,143 767,497 Street sweeping 195,401 201,263 207,301 213,520 219,926 Depreciation 325,439 335,202 345,258 355,616 366,284 Total expenses 1,391,551 1,433,297 1,476,296 1,520,585 1,566,202 Operating income (loss) 374,046 455,891 545,135 642,346 748,134 Transfers in (out): Nonoperating revenues (expenses): Public Improvement Projects Fund 3801 Investment earnings 1,074 (143) 2,641 8,203 3,434 3544 Grants 0 0 0 0 0 0 Miscellaneous income 0 0 0 0 0 (120,000) Interest on interfund loans 0 0 0 0 0 4930 Investment management fees (140) (140) (140) (140) (140) 3899 Gain (loss) on disposal of capital assets 0 0 0 0 0 15,435,730 Total nonoperating revenues (expenses) 934 (283) 2,501 8,063 3,294 $17,012,318 Net income (loss) before contributions $18,497,865 $19,199,293 and transfers 374,980 455,608 547,637 650,410 751,428 Transfers in (out): Public Improvement Projects Fund (1,141,000) (698,000) (707,500) (1,165,000) (1,130,000) Add back amounts bonded for 400,000 Capital Improvements Projects Fund 0 0 0 0 0 Debt Service Fund (95,000) (120,000) (120,000) (120,000) (120,000) Employee Benefits Fund 0 0 0 0 0 Capital Contributions 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 Change in fund equity 738,980 837,608 920,137 565,410 701,428 Fund equity - January 1 15,435,730 16,174,710 17,012,318 17,932,455 18,497,865 Fund equity - December 31 $16,174,710 $17,012,318 $17,932,455 $18,497,865 $19,199,293 Packet Page Number 66 of 171 CITY OF MAPLEWOOD, MINNESOTA ENVIRONMENTAL UTILITY FUND (604) STATEMENT OF SOURCES AND APPLICATIONS OF CASH 2010 2011 2012 2013 2014 Net cash flows from operating activities $ 699,485 $ 791,093 $ 890,393 $ 997,962 $ 1,114,418 Net cash flows from noncapital financing actitivities - - - - - Net cash flows from capital and related financing actitivities (741,000) (698,000) (707,500) (1,165,000) (1,130,000) Net cash flows from investing activities 934 (283) 2,501 8,063 3,294 Net increase (decrease) in cash and cash equivalents (40,581) 92,810 185,395 (158,975) (12,288) Cash and cash equivalents - January 1 35,816 (4,765) 88,045 273,440 114,465 Cash and cash equivalents - December 31 ($4,765) $88,045 $273,440 $114,465 $102,178 Packet Page Number 67 of 171 RESOLUTION ADOPTION OF THE 2010 ENVIRONMENTAL UTILITY FUND RATES WHEREAS, the City of Maplewood has established Environmental Utility Fund rates, and WHEREAS, city staff has reviewed the Environmental Utility Fund rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The updated Environmental Utility Fund rates shall become effective beginning January 1, 2010. 2. The updated Environmental Utility Fund rates are approved for all related charges received on or after January 1, 2010. 3. The updated Environmental Utility Fund rates shall become effective beginning January 1, 2010. 4. The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. Packet Page Number 68 of 171 AGENDA NO. L -6 TO: James W. Antonen, City Manager FROM: Robert Mittet, Finance Director RE: Approval Of Authorization To Pay Additional Charges To Auditor DATE: November 5, 2009 BACKGROUND In 2006, the City Council authorized HLBTautges Redpath, Inc. as the City's outside audit firm. As has been discussed earlier, difficulties have occurred in the past three years with timely completion of the audit. Under the contract with the audit firm, they are entitled to bill the City for excess time spent by their staff in completion of the audit. As with last year, excess time resulted in additional billings. For the 2008 audit, staff has negotiated this billing down from $31 ,000 to $20,000, an amount somewhat less than the additional billing for 2007. Finance Department staff will be working closely with the audit firm to ensure that these additional billings will not be incurred this year. RECOMMENDATION Staff requests Council approval for payment of $20,000 to HLB Tautges Redpath, Ltd. Packet Page Number 69 of 171 Agenda Item L7 AGENDA REPORT TO: City Manager, Jim Antonen FROM: Charles Ahl, Assistant City Manager /Public Works Director SUBJECT: Consider Authorizing Consultant Contract for Review and Evaluation of Water Utility Capital and Operating Expense DATE: November 3, 2009 INTRODUCTION Since 1997, a large majority [approximately 80 %] of the residents of Maplewood have relied upon the St. Paul Regional Water Services (SPRWS) for their water supply. The remaining 20% of the residents receive water from North St. Paul or other surrounding communities. Maplewood residents pay more than $100 per year in extra costs [see attached chart] for their water services in comparison to other metro -area community water systems. With over 13,000 properties within Maplewood this amounts to over $1.3 million in annual charges above similar utilities. Staff has been identifying some other costs that Maplewood tax payers are incurring that would normally be a water utility cost within the SPRWS and North St. Paul water systems. It is proposed that a consultant team be retained to review these costs, to determine if the assumptions made by the City Council in 1996 and 1997 are being borne out as reasonable, and whether some revisions to the costs incurred by Maplewood residents could be improved by a different approach to the utility system. BACKGROUND The proposed evaluation would involve an engineering and financial audit portion to answer the basic questions regarding the costs for water service in Maplewood. Attached are two proposals from teams that could perform the service. The team of Kimley -Horn and Ehlers and Associates has proposed a work plan at a cost of $39,780, while the team of SEH and Kern DeWenter Viere, Ltd. has proposed a work plan at a cost not to exceed $50,000. Each team proposes a slightly different approach to the proposed work items, but each is looking to provide the Council with information on whether the Maplewood residents /water users are "getting a good deal" on their water services. Staff has worked with the teams to identify a basic work plan for this analysis. The approach will involve the following work tasks: Evaluation of the current costs that Maplewood residents pay for water service: a. Comparison of well based systems in surrounding communities versus surface water costs for surrounding communities and Maplewood. b. Costs incurred by Maplewood residents 1 taxpayers that are not covered by the water utility: i. Inspection and contract fees in improvement projects ii. Non - covered water main replacement costs on improvement projects iii. Replacement costs: 1. SPRWS has funding for CIP pipes to be replaced once every 135 years 2. SPRWS has no funding for DIP water pipes to be replaced 3. These costs fall to Maplewood taxpayers at this point and will exceed $330,000 on the White Bear Avenue project. iv. Maplewood residents pay a 2 -5% surcharge on their water bills to help defray this cost, but this has proved to be inadequate funding. Packet Page Number 70 of 171 WATER SYSTEM EVALUATION PAGE TWO 2. Evaluate alternatives for Maplewood water service delivery: a. Roseville buys water directly from SPRWS and provides the service as a Water utility. b. Identify operating expenses for Maplewood to move away from SPRWS c. Identify capital expenses for metering and previous investment to begin an independent utility system d. Identify replacement costs so that Maplewood taxpayers water utility costs go toward a revolving replacement fund for the installed infrastructure. It is proposed that the consultant team explore the basis of the water utility and report to the City Council in February 2010. At that time, the Council can determine if additional service and evaluation is warranted. If the question is answered that Maplewood residents are receiving a reasonable good value for the water bill investment, the study will be ended. Otherwise, the findings will lead to additional analysis and discussions to establish an alternative approach. FINANCING It is proposed that the cost of this study be paid from the St. Paul WAC and North St. Paul WAC funds. These are funds collected as part of the water bill surcharge and returned to fund Maplewood water expenses within each system. A distribution of 80% of the study costs should come from St. Paul WAC while the remaining 20% should come from the North St. Paul WAC fund. Both funds are currently in deficit funding situations whereby additional funding is being recommended by increases in the surcharge. RECOMMENDATION It is recommended that the City Council approve a consultant contract with the team of Kimley -Horn and Associates / Ehlers and Associates in an amount of $39,780 for the purpose of reviewing and evaluating the water service utility expenses for operating and capital expenses incurred by Maplewood residents, and authorize the Assistant City Manager to execute said contract agreement and coordinate the study with this team. Attachments: 1. Monthly Water Cost Comparison 2. Kimley -Horn / Ehlers Contract Proposal 3. SEH / Kern DeWenter Viere Contract Proposal Packet Page Number 71 of 171 Agenda Item L7 Attachment 4 I t'tl 0 CD LO (n u C> Cli Co v c W 0 0 ux KL Cd w CL t� CL Packet Page Number 72 of 171 Cl tt} `} { t±7 C?— M Ui tL� LU t6} 0 CL CU p { 0 (n u C> Cli Co v c W 0 0 ux KL Cd w CL t� CL Packet Page Number 72 of 171 Im PROPOSAL FOR: City of Maplewood Water System Evaluation Prepared City of Maplewood Kimley-Horn and Associates, Inc. Packet Page Agenda Item L7 Attachment PPI'� Kimley-Horn bbb— and Associates, Inc. October 20, 2009 Mr. R. Charles Ahl, P.L Assistant City Manager/Public Works Director City of Maplewood 1830 East County Road B Maplewood, MN 55109 Re: Proposal for Water System Evaluation Please consider the following ways that our team can add value to your water system evaluation process: M TEL 651 645 4197 FAX 6 5 1 64 51 at SUX) 345N 25s) I'Lli$iersity Avvwe'Ntn' St. PaUL ""ir'nesm 55 Packet Page Number 74 of 171 Agenda Item L7 Attachment PF' Kimley-Horn hlb,Jlmn and Associates, Inc. Thank you for considering Kimley-Hom and Ehlers to be part of your team for this study. Please contact us if you have questions or we can provide any additional information. KIMI & ASSOCIATES, INC EHLERS & ASSOCIATES, INC. 2 Mark Ruff Executive Vice President (651) 697-8505 1111-11 tl'��I:chlcrs-i tic �colll Packet Page Number 75 of 171 Agenda Item L7 Attachment C ll"YOFNIAPLEWOOR PROPOSAL, FOR WATFR SVS'] EVAtAlWTION TABLE OF CONTENTS PAGE 1. PROJECT UNDERSTANDING 1 2. SCOPE OF WORK AND DELIVERABLES I 3. PROJECT TEAM 5 4. ESTIMATED COSTS 7 5. REFERENCES 7 6. SCHEDULE 7 APPENDIX • EHLERS OVERVIEW • PROJECT TEAM RESUMES • DETAILED COST ESTIMATE Packet Page Number 76 of 171 Agenda Item L7 Attachment P` x_ U NDERST A N D ING The purpose of this study is to assess whether a Maplewood owned and operated water system is in the best financial interests of the City and its water customers. The study will provide a platform for the City to make informed decisions on ownership and, subsequently (if viable), rate structures that position the City to cover its long -term operating and capital needs, while allocating the burden to the users of the system. The study must also consider regulatory requirements, such as the State of Minnesota's looming deadline for implementing conservation rates. St. Paul Regional Water Services (SPRWS) currently provides water service to a majority of the residents and commercial properties within the City. North St. Paul currently provides water service to Maplewood residents in the northeast corner of the City, and Roseville, Little Canada, and Woodbury also provide water service to commercial properties located along border streets. We understand that the current relationship with SPRWS began in 1997, when the water system assets were transferred for $1. As a part of this change, SPRWS assumed ownership of the existing water system and Maplewood eliminated the need for utility billing, since SPRWS took responsibility for both water and sanitary sewer charges for the community. Roseville, Little Canada, and Woodbury also provide utility billing services for the Maplewood properties that they serve. This analysis needs to consider both engineering and financial considerations. The City needs to understand the condition of the existing water system and the necessary capital improvements that will be needed to maintain and operate the system. The City also needs to understand whether a possible change in the ownership of the system is economically feasible and whether it would result in increased water utility charges to residents and businesses. We have assembled a team of both engineering and financial experts to assist the City with this analysis. Kimley -Horn will be responsible for the engineering portion of the study, while Ehlers will be responsible for the financial aspects. Our proposed scope of work/approach to the study, our project leadership team, our estimated costs, references, and a proposed implementation schedule are provided below for your review. SCOPE OF WORK AND DELIVERABLES Our proposed approach for the project is detailed below. We have divided the proposed scope of work into four primary tasks as follows: 1. Understanding and Inventory of Existing Water System A. Existing System Inventory This will include the following tasks: Packet Page Number 77 of 171 Agenda Item L7 Attachment • Gather existing water system information from SPRWS and the City and prepare a water system map detailing size, age, and pipe material types. The water system map will also illustrate areas of the City that are currently served by Roseville, Little Canada, and Woodbury. • Gather water main break information from SPRWS. Review break history to understand problem areas within the existing system. • We have assumed that any pressure or service issues will be identified through the discussions with SPRWS and that no water system modeling will be performed as a part of this task. • Understand improvements made by SPRWS since they took ownership of the system in 1997. SPRWS may request compensation for these improvements as a part of any negotiations to transfer ownership of the system. B. Identify System Deficiencies Review information gathered as a part of the inventory and identify existing deficiencies with the system. Deficiencies may include break problems, service /pressure issues, and cast iron main. C. Develop Capital Improvement Program (CIP) Prepare a CIP identifying a prioritized listing of necessary water system improvements and the associated estimated costs. The CIP will also identify SPRWS' previous capital expenditures since 1997, and will consider future projects that may be necessary due to proposed and future redevelopment. D. Meetings We have included the following meetings as a part of this task. • Conduct one (1) meeting with SPRWS to discuss past history of the system and identify any historical problem areas. • Conduct up to three (3) meetings with City staff. 2. Investigate Water Supply Options A majority of Maplewood is served by the SPRWS water supply. We will investigate other possible supply options including excess supply available from adjacent communities. We will also gather information regarding rates for the purchase of water from SPRWS if Maplewood owns the system. We have assumed that this will include some investigation and telephone conversations, but no additional meetings. 2 Packet Page Number 78 of 171 Agenda Item L7 Attachment 3. Financial Analysis The financial portion of this study is three -fold • Assess the potential re- acquisition price for the water system • Determine a rate structure and rates sufficient to cover the acquisition and ongoing capital /operating system costs • Compare the prospective rate structure against the current SPRWS rates and regional peer group Given the rigidity of property tax laws in Minnesota, utility rates are one of the few areas in which communities can set policy directive. Therefore, the analysis and assessment of utility rates is a key to ensuring a city's overall financial performance. Ehlers' extensive rate database lays the foundation for the utility rate study, which determines whether your rates (and rate structure) are sufficient to cover future capital and operating expenses. Our process is flexible enough to tailor it to meet the needs and the special circumstances of Maplewood. The analysis will be conducted in the following steps. A. Define Objectives Confirm and agree upon concrete objectives that the City wants to achieve with the study. B. Gather Financial Background Information Work with SPRWS and City staff to receive the necessary data for the study. This data will include the following: • City population projections and estimated new connections per year; • Historic consumption and billing records by account, if possible, for a minimum of 12 months prior (24 months preferred) for each utility included in the rate study; • Historic summary consumption data by utility for previous four years including number of connections by user type, water pumping records, and gallons billed; • Financial statements for most recent year (audited or unaudited), plus three years prior; • Proforma water system operating budget; • Current connection charges and basis for calculating; Ehlers may already have some information and may obtain some from the City and/or SPRWS websites. Packet Page Number 79 of 171 Agenda Item L7 Attachment C. Rate Study and Financial Plan This step will focus on options for establishing equitable water rates for residential and commercial customers. It will also review development fees such as Water Availability Charges (WAC) charges, other revenue sources, and the current and projected expenses. Finally, it will include reviewing and developing recommendations. The following tasks will be completed as a part of this step: • Assemble and review existing historical utility system operating data; • Develop a proforma cash flow statement showing projected usage, total operating revenue, and total expenses, including operations and maintenance costs, depreciation, department servicing, net operating income, capital improvements, debt, etc. to test adequacy of existing and proposed rates; • Review utility rates and user charges to determine if the rates and charges are sufficient to pay for operations and capital improvements; • Review area and connection charges and review the policy for WAC charges as they relate to the City's redevelopment efforts, as necessary and appropriate; • Identify future operating costs related to capital projects for the relevant time period; • Provide options for long -term financing of capital, both internally and externally, and present the financial implications; • Identify any additional issues including: • The use of debt vs. cash to pay for capital improvements • Minimum cash balance for the utility funds • Ensure fees are sufficient to operate the funds without requiring a tax levy • Address City identified issues D. Compare Water Rates Compare proposed Maplewood owned water rates to current SPRWS and comparable communities, including specific analysis on the impact on the average single family user. E. Recommendations The final report will give parameters for acquisition price, and the impact on subsequent water rates necessary to cover operations and capital going forward. 4 Packet Page Number 80 of 171 Agenda Item L7 Attachment F. Meetings We have included the following meetings as a part of this task. • Conduct up to three (3) coordination/review meetings with City staff. • Attend up to two (2) City Council meetings or work sessions to discuss the results of this study. 4. Implementation Strategy We will assist City staff in the development of a possible implementation strategy for the transition to a City owned and operated water system. This will include the identification of additional City staff resources, equipment, and costs for utility billing and water system maintenance. We will also develop a possible implementation schedule for the transfer of the water system to Maplewood. Deliverables The following is a summary of the deliverables to be provided to the City: • Existing water system map • Report outlining options for the City to consider, recommendations, and related appendices • Source data in the form of Excel spreadsheets • PowerPoint presentations to be used in City Council work- sessions or meetings When the project is completed, all deliverables will be provided in electronic format whenever possible so that if the City chooses, it can update projections and spreadsheets internally in future years. PRO We have assembled a team of engineering and financial experts to meet the various needs of this project. Kimley -Horn will provide the engineering expertise and analysis while Ehlers will provide financial analysis services as a Kimley -Horn subconsultant. Kimley - Horn and Ehlers have worked side by side for numerous other local communities including Inver Grove Heights, Chanhassen, Anoka, and Burnsville, and we are excited to have the opportunity to assist Maplewood on this project. The key members of our team are available and committed to complete the tasks included within the scope of work. Our proposed project team is as follows: Packet Page Number 81 of 171 Agenda Item L7 Attachment Jon Horn, P.E. ( Kimsey -Horn) Project Manager Jon will serve as the Project Manager and oversee all services for the study. He is intimately familiar with the City's existing water system and its relationship with SPRWS. Jon has previously assisted City staff in the development of an amendment to the original City/SPRWS agreement to provide Water Utility Aid for water system improvements in conjunction with other City improvements. This included significant coordination with both City and SPRWS staff. Jon has also served as the Project Manager for numerous projects that required close coordination with SPRWS. Erica L. Van Tassel, P.E. (Kimsey -Horn) Water System Engineer Erica will provide water system expertise and assist the project team in the review of the existing water system and the development of the CIP. She has over 10 years of experience in a wide variety of civil engineering projects, including a focus on water supply and distribution system analysis. Jon North (Ehlers) Financial Advisor Jon will serve as the primary financial advisor for the study leading the efforts of the Ehlers team. Jon joined Ehlers in 2007. Prior to joining Ehlers, Jon was the co- manager of the Moody's Chicago office and a Vice President in its Public Finance Group. Jon was also the primary credit analyst for Minnesota during his eight years with Moody's. Jeanne Vogt (Ehlers) Financial Analyst — Utility Rate Specialist Jeanne will assist Jon with the analysis required for the study. Jeanne has been a Financial Analyst /Utility Rate Specialist in the Ehlers' Roseville office since 2008. Her focus is to assist Minnesota cities, townships, counties, public utilities, and special districts with long -term financial planning, particularly in the area of sewer and water rates studies. Mark Ruff, CIPFA (Ehlers) Senior Financial Advisor Mark will provide general oversight of the financial analysis portion of the study. He has over 20 years of experience and is an industry leader in tax increment, redevelopment, housing, developer negotiations, proforma analysis, and bond work. Mark is a current member and past President of the Minnesota Institute of Public Finance. He has provided advisory services to counties, cities, townships, utilities, and special taxing districts since 1989. More detailed resumes for our key team members are provided in the Appendix. Packet Page Number 82 of 171 Agenda Item L7 Attachment ES TIMATED COST We propose to perform all services for the project on an hourly basis. The following is a summary of our estimated costs for the work tasks included in the Scope of Work. Work Task Estimated Fee 1. Understanding and Inventory of Existing Water System $ 12,240 2. Investigate Water Supply Options $ 3,920 3. Financial Analysis $ 18,320 4. Implementation Strategy $ 3,400 Reimbursable Expenses $ 1,900 Total Estimated Cost $ 39,784 Our total estimated cost for the Scope of Work included as a part of this proposal is, therefore, $39,780 including all labor and reimbursable expenses. A more detailed summary of our estimated costs is attached in the Appendix. REFERENCES Maplewood is very familiar with Kimley -Horn and our staff through our past work for the City. While Ehlers does not have past experience working for the City, they offer a team with a full understanding of the financial challenges facing Minnesota communities. Ehlers' experience includes the completion of over 50 rates studies over the past four years. The following references are provided for some of Ehlers' recent work. • Mahtomedi, Roxanne Smith — Finance Director Rate study underway • Minnetonka, Merrill King — Finance Director Rate study completed April 2009 • Plymouth, Laurie Ahrens — City Manager Rate study completed November 2008 • Inver Grove Heights, Ann Lanoue — Finance Director Rate study completed May 2008 • Chanhassen, Greg Sticha — Finance Director Rate study completed November 2008 An overview for Ehlers is provided in the Appendix. S We anticipate that the study will take approximately ten to twelve weeks to complete from authorization to proceed. Assuming that the City Council will award the consultant contract at its October 26, 2009 meeting, the study could be completed in January 2010. The schedule may need to be extended considering possible City Council involvement in the process. We will work with City staff to further refine the schedule as the study proceeds. Packet Page Number 83 of 171 Agenda Item L7 Attachment APPENDIX Packet Page Number 84 of 171 Agenda Item L7 Attachment Ehlers Overview For over 50 years Ehlers has been providing financial advisory services to governmental entities in the Midwest. Ehlers is now a nationally ranked independent financial advisory firm serving over 1,300 local governments from three offices. Ehlers' success has come from putting its clients first — helping them to achieve their financial goals to get results. As the needs of our clients have evolved and grown over the decades, our services have expanded to include not only debt issuance but economic development and redevelopment services, strategic and financial planning, and a variety of special services designed to meet the needs of our clients. Our Philosophy of Service Our dedication to "how" we deliver these services is as unique and comprehensive as the service itself. We listen to our clients' needs and vision, maintain highly qualified employees to team with each client, and present customized options to help decision- makers confidently select the best and lowest cost solutions for their citizens. The focus and priorities which guide our work today have evolved since the Company's inception: PPm. The term independent is a hallmark of our firm. Our policy is to always remain independent of any underwriting or investment banking interest in any financial service provided. This means that our only interest is in representing our clients' interests in the financial markets as well as in our non -bond financial consulting. Ehlers is a charter member of the National Association of Independent Public Finance Advisors (NAIPFA), a professional organization dedicated to ensuring that its members adhere to the Association's high ethical standards and commitment to providing public agencies with professional advice on public financing that protects the public's interest. Employee Owned, When a firm claims to be employee owned — know what that means. Does it mean one employee owner or a small group of employee owners? At Ehlers, it means that all employees have ownership through an employee stock ownership trust (ESOT). Ownership sets the tone for the operation of the firm and the dedication to the quality of the services each client receives which means: Ehlers will be there when a client needs us. Our employee turnover is very low, and our corporate structure is designed for the long -term. • Every Ehlers employee has a vested interest in providing the best possible service. • Our focus is on the long -term success of the firm and its clients, not solely on short -term profit and return on investment. Our horizontal corporate structure gives individuals autonomy in decision making. Q1rl. Each key member of every project team participates in a formal quality control process for every rate study, bond issue and tax increment plan. Packet Page Number 85 of 171 Agenda Item L7 Attachment Technology, Making effective use of information technology is essential, and Ehlers is committed to identifying and implementing those innovations that hold clear potential for improving the quality, timeliness, and cost - effectiveness of our client service. A few recent examples of our customer - focused use of technology include: • Leading the way onto the Internet with the first public finance website for local governments in Minnesota and Wisconsin. Our website brings you information on Ehlers staff and recent projects, future and recent bond sales, best practices in local government finance, and current topics such as the Minnesota DNR water conservation rate mandate. • Creating individual web sites for clients for public participation in significant projects or for calculating the property tax impact of such projects. • Offering internet bidding for bond issues at no charge. • Developing a customized refunding analysis system that monitors and produces quarterly updates to clients regarding potential refunding opportunities. • Emailing clients regular bond market updates and competitive sale summaries, along with periodic "blast" updates on time - sensitive developments. Access to Research and Data Resources. Research on financial issues seems to become easier, cheaper and more democratic on a near -daily basis. Ivey internet sites and subscription services, along with Ehlers' own electronic and physical document libraries, provide the vast majority of the information that we find helpful in providing our clients with current informed advice. As noted above, Ehlers has developed and maintains a customized comprehensive database holding detailed information about thousands of local governments, their debt issues, utility rates, and tax increment districts. Using this data, Ehlers has designed custom programs to produce a variety of documents and functions including calculating debt schedules, producing official statements, bid tabulations, utility rate comparisons between communities, tax increment plans, and other reports. Our subscription to the Bloomberg Terminal gives us the ability to monitor and analyze both historical and real -time financial market data. The system is of particular benefit in accessing data on outstanding debt issues, comparable sales, and bond yield curves. We also subscribe to Moody's Financial Ratio Analysis which accesses Moody's database of standardized financial and operating credit statistics on 15,000 municipal issuers. COMM , itrrlenl M Our Ckents. Our commitment to our clients affords us the opportunity to have established and maintained many long -term relationships. Our philosophy, we don't just "do a deal or a project" —we help build communities, means that we provide the experience, expertise, and resources needed to guide clients through a maze of financial options, offering practical, creative, customized solutions for helping our clients build better communities. We remain firm in the belief that we support our clients not only during a project, but long after its completion. Packet Page Number 86 of 171 Agenda Item L7 Jon B. Horn, P.E. Relevant Experience Maplewood Mall Area Transportation Improvements, Maplewood, MN — Project Manager. Kimley -Horn assisted the city of Maplewood in the development of an implementation plan for various infrastructure improvements to address traffic congestion as well as to provide for economic development/redevelopment of the area. The plan detailed 17 different projects including roadway, water main, sanitary sewer, and storm drainage improvements. Preliminary estimated costs, financing plans, and schedules were developed for each of the projects. Kimley -Horn provided feasibility study, final design, and construction phases for some of these improvements. Comprehensive Sanitary Sewer Plan Update, Maplewood, MN — Project Manager. Kimley -Horn provided services to the city of Maplewood to update their comprehensive sanitary sewer plan. The update addressed some inconsistencies in the city's previous update, and considered future development /redevelopment in the city. Part of the update was an analysis of the 74 sewer districts within the city to determine projected sewer flows for current development as well as for future development/redevelopment through 2020. The update also included the preparation of a Capital Improvement Program for future sanitary sewer improvements. Carver Crossing of Maplewood Environmental Assessment Worksheet, MN — Project Manager. Kimley -Horn completed an environmental assessment worksheet (EAW) for Carver Crossing, which includes the construction of 299 residential units, along with necessary infrastructure improvements (roadway, sanitary, water, and storm sewer) in the project area. Key issues evaluated in the EAW included defining potential traffic and noise impacts and potential mitigation measures, stormwater treatment, and wetland protection and mitigation. The EAW also included the investigation of sanitary sewer and water main service issues for the study area. Parkway Drive and Larpenteur Avenue Roadway and Utility Reconstruction, Maplewood, MN — Project Manager. Kimley - Horn provided an array of services for this multifaceted project. The city was removing a multijurisdictional lift station and converting the sanitary sewer to a gravity system. Our team studied the feasibility of the station removal and provided design and construction phase services. The project included reconstructing 1,100 feet of urban roadway, replacing an old water main, and installing 900 feet of sanitary sewer. This project lies on the border of the cities of Maplewood and St. Paul, and its completion required coordination among multiple agencies including the cities of Maplewood and St. Paul, St. Paul Park and Recreation, St. Paul Regional Water Services, Metropolitan Council Environmental Services, Metro Transit, Mn /DOT, and Ramsey County. 2005 Metropolitan Urban Service Area /Bluff Creek Lowlands Public Infrastructure Improvements, Chanhassen, MN — Project Manager. Kimley -Horn provided services to the city of Chanhassen for the development of their 2005 metropolitan urban service area (MUSA) expansion area. This included an alternative urban areawide review, feasibility study, final design, and construction phase services for the extension of public infrastructure (more than 6,000 feet of roadway, trail /sidewalk, sanitary sewer and water main, storm sewer, landscaping, street lighting, wetland delineation, and bridge crossing) to serve a 640 -acre area. The improvements were coordinated with Mn /DOT since the 2005 MUSA area borders Mn /DOT's TH 3121212 design -build project area. South Cahill Sanitary Sewer Improvements, Inver Grove Heights, MN — Project Manager. Kimley -Horn provided feasibility study and final design services for the extension of Cahill Avenue and associated sanitary sewer and water main improvements for the city of Inver Grove Heights. The final plans included water main, gravity sanitary sewer, force main, a lift station, 1,000 feet of rural roadway reconstruction, 2,500 feet of new urban collector roadway, and a multiuse trail to connect with Dakota County regional trails. The project received Mn /DOT Municipal Agreement funding requiring that the final plans and specifications be reviewed and approved by various groups within Mn /DOT. We also assisted in the acquisition of additional right -of -way and easements required for the project. North Bay Water Main, Chanhassen, MN — Project Manager. Kimley -Horn assisted Chanhassen city staff in the planning, design, and construction of a trunk water main extension to serve a proposed residential subdivision south of new Trunk Highway 312/212. The water main needed to be installed prior to the start of construction of Trunk Highway 312/212. We coordinated the design of the water main improvements with the developer to make sure that they would work with the proposed subdivision design. We also provided construction administration /observation services for these improvements. Packet Page Special Qualifications Has managed projects for municipal and private sector clients in the Twin Cities area for 20 years Has 23 years of diverse civil engineering experience, including transportation, sanitary sewer, water, stormwater. and site engineering projects Professional Credentials Bachelor of Science, Civil Engineering, North Dakota State University, 1986 Professional Engineer in Minnesota Professional Organizations National Society of Professional Engineers Minnesota Society of Professional Engineers City Engineers Association of Minnesota American Public Works Association Minnesota Public Works Association Tau Beta Pi PPI Kim e}, H rn m 17 and .At7oc,a us. Inc L7 Erica L. Van Tassel, P.E. Relevant Experience Water and Sewer Master Plan, Rolesville, NC — Analyst. Project includes evaluation of current and future utility needs based r Special Qualifications on growth projects, development of a water distribution system hydraulic model, design of more than three miles of water extensions (16 -,12 -, and 8- inch), design of a water pressure booster pump station, design of a 500,000 - gallon elevated water Is a certified Master Modeler in water distribution systems storage tank, and associated permitting. Erica assisted in the evaluation of municipal water distribution system and water supply {Haestad} including development of water distribution model for the town. She also assisted in preparing a preliminary engineering report and presentation to the town describing recommended improvements to water distribution system and water supply. Specializes in water and wastewater treatment design and Utility On -Call, Brevard Road Water Line Improvements, U- 3403C, Asheville, NC — Analyst. As part of an on -call utilities planning, as well as soils and contract with the North Carolina DOT, Kimley -Horn provided design services for approximately 10,000 linear feet of 24 -inch groundwater evaluation and water main in conjunction with the design and construction of the Brevard Road widening project. remediation design Water and Sanitary Sewer Facilities for Phase 11, Southwest Quadrant Area, Savannah, GA — Deputy Project Manager. professional Credentials Kimley -Horn is providing water and sewer design services associated with infrastructure improvements in Savannah's southwest quadrant. The project required the development of concept, preliminary, and final design plans; coordination with Master of Science, Environmental local, state, and federal agencies; environmental permitting; utility coordination; and construction administration. r Engineering, Pennsylvania State University, 1999 US 401 Rolesville Water Line Extension, Replacement, and Loop Closure, Rolesville, NC — Project Engineer. Kimley - Horn provided design and construction phase services for approximately 22,000 linear feet of 16 -inch water main paralleling US Bachelor of Science, Civil r Engineering, Pennsylvania State 401 between the Neuse River Bridge and the town of Rolesville as well as along Forestville Road. Due to limited State University, 1998 Revolving Fund monies, this project was performed on a fast -track schedule requiring a high degree of coordination with North Carolina DOT, including using North Carolina DOT drawings within the design documents. The project is part of the Raleigh- Professional Engineer in North Rolesville merger agreement and is led by the city of Raleigh Public Utilities Department. Carolina, Georgia, and South Carolina Burlington Western Area Improvements, Burlington, NC — Project Engineer. Kimley -Horn provided design and construction administration services for the city's new water pressure zone. Projects under this contract included the design and permitting of Professional Organizations a 1.5- million - gallon 175 -foot -tall elevated water storage tank, a 14.25 -MGD pump station, a 4 -MGD pump station, several Professional Engineers of North pressure reducing zone separation facilities, and 4,000 linear feet of 24 -inch water main. Kimley -Horn also provided design and Carolina construction administration services for approximately 19,300 linear feet of 30 -, 24 -, 16 -, and 12 -inch water lines in conjunction with the North Carolina DOT design and construction of the Western Alamance Loop roadway project (U- 2905). American Water Works Association Southwest Water Transmission Main (Steele Creek Road), Phase C, Charlotte, NC — Project Engineer. Kimley -Horn has been selected to provide survey, utility location, design, permitting, and construction phase services for Charlotte - Mecklenburg Utilities' 42- and 36 -inch transmission main. This project will connect an existing 48 -inch line at Shopton Road to an existing 16- inch water main at York Road, for a total of approximately 23,000 linear feet required to complete the Southwest Water Transmission Main loop. The project consists of five jack and bore /tunneling sections, including one underneath a railroad right - of -way. The Highlands at Spanish Fort (Bromley Road Tract), Spanish Fort, AL — Project Engineer. Kimley -Horn is providing water infrastructure master planning for this 11,000 -acre development. 3 -MG Elevated Water Storage Tank, Durham, NC — Dixon Raw Water Line Extension, Jacksonville, NC — Project Manager. Kimley -Horn is designing and permitting a proposed 12 -inch raw water line from the new Folkstone water supply well site to the existing ONWASA Well Site #4. The approximately 9,000 -foot PVC raw water line will be located in the rights -of -way of Folkstone Road and US 17 until reaching the north side of NC 172, where it will be located in an existing 20 -foot Jones Onslow EMC utility easement adjacent to US 17. Design and permitting tasks include permitting a large jurisdictional wetland crossing between NC 172 and Well Site #4. Kimley -Horn is providing design, permitting, and construction phase services for this raw water line extension. Kirn!ey -Horn Packet Page Num 117 and Associates, Inc Agenda Item L7 Attachment LEADERS EHLERS Jonathan North Financial Advisor .Ion joined the Ehlers' Roseville office as a Financial Advisor in 2007. His primary responsibilities are to assist Minnesota cities, counties, and regional and state governmental clients to design and implement financial solutions. Prior to joining Ehlers he spent eight years at Moody's Investors Service as a Public Finance rating analyst, and most recently as a co- manager of the Moody's Midwest office. Because of his rating agency and analytical experience, .Ion's greatest contribution to Ehlers' clients will be his unique perspective of how financing structures are viewed and accepted by the capital markets giving clients a full understanding of the costs and benefits of alternative financing approaches to help them determine the best financial solution to meet their needs. Jonathan North Direct: (651) 697 -8545 inorth_@ehiers- inc.com Debt Planning and Issuance Special Financial Studies • Developing Strategies for Presentation to Rating • Utility Rate StudylAnalysis Agencies and Potential Bond Investors • Fiscal Impact Study /Analysis • Analysis and presentation of options to finance community infrastructure and facilities Strategic and Financial Planning • General Obligation Debt • Debt Management • Lease Revenue Financing • Financial Management Planning • Essential Enterprise Revenue Bonds • Capital Improvements Planning • Sales Tax And Other Special Tax Bonds • Strategic Planning • State Revolving Fund (SRF) Loans • MN Public Facilities (PFA) Loans Public Participation • Debt Service Fund /Cash Flow Analysis • Public Participation Process • Arbitrage Rebate Services • Community Survey /Communications /Newsletters • Referendum Strategies • National Government Finance Officers Association • Master of Pzlblie Administration, • Mitsnesota Government Finance Officers Association Colzrmbia Universitti; ?drew York, NY • Municipal Clerks and Finance Ofcers Association of M1Y • &aclrelor of Arts (Economics and Urban, /Regional Studies), £rniversity of111innesota, ➢ninth, It11V Packet Page Number 89 of 171 tIIU_ 14 t161 Jeanne Financial Analyst - Utility Rate Specialist Jeanne has been a Financial Analyst - Utility Rate Specialist in the Ehlers' Roseville office since 2008. Her focus is to assist Minnesota cities, townships, counties, public utilities, and special districts with long -term financial planning, particularly in the area of sewer and water rates studies. Prior to joining Ehlers she had over 12 years of local government experience working as an Accountant for Ramsey County and most recently as Finance Director for the City of Vadnais Heights. Ehlers' clients will benefit from Jeanne's expertise in the area of property tax policy, fiscal disparities, and tax increment financing and TIF reporting. Agenda Item L7 Attachment Packet Page Number 90 of 171 Jeanne Vogt Direct: (651) 697 -8571 1vog1 cehlers- inc.com Agenda Item L7 Attachment 4 Mark Ruff, Sr. Financial Advisor /Executive Vice President ,'hark has been a Financial Advisor since 1989 assisting Minnesota cities, counties, state and regional governments, and special districts design and implement financial solutions. One of Mark's greatest contributions to Ehlers and our clients is his development of a financial health checklist that addresses key factors in financial management for government entities. Mark has served as the financial advisor to the State of Minnesota's 911 Revenue Bonds, the Nord :star Corridor Development Authorify `s S32 million of Limited Tax Bonds, and to the CioJ� of St. Louis Park on numerous redevelopment projects. Additionally Mark is the Team Leader of the Ehlers' Minnesota Local Government Team. Debt Planning and Issuance Economic, Housing Development & • Analysis & Presentation of Alternative Financing Redevelopment Options, Plans And Tools • Tax Increment District Creation & Amendment • Lease Revenue Financing • Tax Abatement Options, Financing, & Policies • Non -Profit & Industrial Revenue Bonds • TIF and Abatement Analysis • RefundingslCash Defeasances • Downtown Redevelopment and Revitalization • Debt Service Fund/Cash Flow Analysis • Developer Proforma Analysis /But For Test • Arbitrage Rebate Services • Developer Attraction & Selection • Representation to Bond Market & Credit Rating Agencies • Developer Negotiations • Housing Revenue Bonds • TIF Rev. Bonds /Calculation of Developer Payments • Electric Revenue Bonds • Business Subsidy Options & Negotiations • TIF Revenue Projection Update Strategic Planning Public Participation • Public Participation Process Strategic and Financial Planning • Community Survey /Communications/Newsletters • Debt Management • Referendum Strategies • Financial Management Planning • Capital Improvements Planning Special Financial Studies • Utility Rate Study /Analysis • Fiscal Impact Study/Analysis • Merger/Consolidation/Annexation Impact Analysis • Certified Independent Public Finance Advisor • NATlnstitute of Publie Finance (Board Member and past • Bachelor ofArts (Political Science) President) Concordia College, Moorhead, NAT Summa Cum Laude • Minnesota GoverrrrnentFinanee Officers Association • -Vaster of Arts (Public Affairs) • National Association of Independent Public Finance Advisors Humphrey Institute, University of Minnesota • National Association of Housing & Redevelopment Organizations • Economic Development Association of Minnesota • Sensible Land Use Coalition Packet Page Number 91 of 171 Mark Ruff Direct: (651) 697 -8505 mruMehlers- inc.com n J E N G w-. 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N W N a0� Q F .�' Z'S Q F Z tL❑C?CLU�2 N t0 O Q N 2 0 Q N O F OF O .=' 4 C6 U O Cli' 4 ( ii 4 C6 U 0 u u er,' Q Packet Page Number 92 of 171 Agenda Item L7 Attachment 10 October 20, 2009 Mr, R. Charles Ahl, PE Director of Public Works/City Engineer City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Mr. Ahl: RE: Maplewood, Minnesota Water System Investigation Supplemental Agreement No. 72 Thank you for this opportunity to provide professional services to the City of Maplewood on this exciting project. Our team is available immediately and we hope you will find our costs to be competitive as well as realistic. Understanding of the Work Can a Maplewood owned and operated water utility offer tax payer savings and competitive rates to existing water customers? In January 1997, the City of Maplewood sold its water distribution system to the St. Paul Regional Water Utility (SPRWU). For the price of one dollar, the SPRWU (and North St. Paul) assumed control water supply, storage, distribution, maintenance and billing. Deficiencies in the distribution system are currently the responsibility of Maplewood. Maplewood residents and businesses receive water bills from the SPRWU or North St. Paul. Maplewood adds a 2% surcharge to the bill to fund City capital expenditures related to the water system. The fund derived from utility billings are inadequate to meet current system needs, therefore, general fund tax dollars are used to make up the difference. In addition to covering the cost of system deficiencies, Maplewood is also charged an inspection fee by SPRWU. SPRWU has a comprehensive plan, but there is no replacement strategy for ductile iron pipe (DIP) and it is assumed that cast iron pipe (CIP) has a 135 year design life. The result is significant spending on the distribution system at the local level without the benefit of a reliable, dedicated funding source to pay for system improvements, The City is unable to bond for improvements since the infrastructure belongs to SPRWU or North St. Paul. The City would like to explore the current situation to see if it represents the best option for taxpayers and water customers alike. Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 5S110- 96 je'tXpW 93 of 171 SEH is an equal opportunity employer I www.sehinc.Vom.J 651.490.2000 1 800,325A'5F a,, Agenda Item L7 Attachment Mr. R. Charles Ahl, PE October 20, 2009 Page 2 Project Scope The objective of the project scope is to answer the question: Is Maplewood getting a good deal? There are three elements to the successful completion of the project. The first part is to develop a clear understanding of what the City is currently paying for water services. The second part is to evaluate the expenses that the City would incur with a City operated utility, The third part would be to compare the costs of a Maplewood operated utility to the utility supported revenue stream based on proposed water use fees. The scope of work is as follows: I. Data Collection a. SPRWU records b. North St. Paul records c. Maplewood records d. Surrounding community (water rates) Data collection will include utility billings, comprehensive plans, utility maps, rate studies, capital improvements information, inter-governmental agreements, etc. 11. Analysis of Current Costs a. Utility Billings b. Inspections costs and other direct fees paid to SPRWU or North St. Paul c. Annual City costs to address distribution system deficiencies d. Applicable Debt Service e. Other 111. Cost Analysis of City-operated Water Utility a. Annual operating costs i. Supply ii. Personal salary and benefits iii. Equipment iv, Billing systems purchase and expense v. Maintenance Projects vi, Annual Replacement Projects vii. Replacement Project Fund viii, Engineering, Legal and Financial ix. Debt service related to initial asset purchase for SPRWU and/or North St. Paul x. Debt service related to replacement projects b. One-time start-up costs i. Rate studies ii. Distribution System modeling iii. Metering Plan iv. Metering Plan implementation IV. Cost Recovery a. Summarization of rates in surrounding communities b. Assessment Policy for infrastructure replacement c. Continuation of using general fund dollars Packet Page Number 94 of 171 Agenda Item L7 Attachment Mr, BL Charles /\hiPB October 2O.2O09 Page 3 V. Report a. Summarize Findings b. Compare anticipated costs lo cost recovery analysis c. Identify next steps V1. Meetings o. Kickoff meeting with City Staff h. Coordination meeting with Staff prior to Council work session o. Council Work Session d. Coordination meeting with Staff prior to Public Hearing e. Public Hearing Project Schedule The proposed project schedule includes the following milestones: • Authorization • Kickoff Meeting • Council Work Session • Complete Draft Report • Staff Meeting • Final Report • Public Hearing November 9, 2009 November l8 February },20|O March 19,2010 March 9|,20l0 April 2l,2010 May lO"2010 Project Team Our project teumhas been selected to provide the City with the highest level oJ services and to meet the project schedule. Our team represents a unique blend of talent to address the technical, operational and financial elements efthe project. TV* have partnered with Kern DcWent*c\/ier:, Ltd. lo provide uo unbiased fiscal review of the City's proposal. SEH and KDV have a strong working experience in other area municipalities. Tom Klatt joined the SEH team in 200— after serving the City of Golden Valley as Maintenance and Operations Manager which will provide the necessary local operations experience. Similar to Maplewood, Godeu`/uleyneoeivci|xvvateryervicevfroruudhirdpurty—MhnocuDo|io.(}ur technical team iu well versed inrate studies and distribution system analysis. Our Project Team is as follows ° Pat Plamton,Pn/jeo1 Manager • Doug lQarner$8.Water System Engineer • Tom Illatt. Water Utility Operations • Jon Thom, Water Utility Operations • Joe Bjgdon, Fiscal Analysis • MurkLohrrmoicr Client Service Manager Each membecoJthe project team in available (o start the project vmnonnnyuuthodzed. Exhibit Bincludes additional information regarding the qualifications uf team members Packet Page Number 95of171 Agenda Item L7 Attachment Mr. R. Charles Ahl, PE October 20, 2009 Page 4 compansaaon Based on the budgetary information shared during our pre-proposal meeting, with City staff, we have set the estimated fee for the identified services at $50,000. The project budget was conveyed as a $25,000 - $50,000. Assuming the budget is split evenly between the engineering elements and the financial elements, each technical area would have approximately $25,000 to spend. Depending on actual billable rates, this would amount to 135 — 175 hours in each area over the 6 month project schedule. Maplewood plans to base a very important decision on the outcome of the study. Therefore out recommended budget approach is to do as much work as the budget will allow as opposed to proposing a more limited scope — and less hours — in order to represent a lower fee. It should be understood the report will result in several recommendations. Assuming that it appears that Maplewood should pursue the establishment of a City water utility, the assumptions and cost estimates in the report will likely require a more detailed review before proceeding in order to avoid surprises at a later date. The proposed schedule would allow this work to be complete prior to the completion of the 2011 budget, if necessary. The cost estimate is based on the project scope, project schedule, and the work breakdown structure attached as Exhibit A. Should the scope of services or the project schedule change substantially, we would expect to be compensated for additional services. The total estimated fee will not be exceeded without prior authorization from the City. Um= This supplemental Letter Agreement shall be the basis of work by SEH on the project described in this letter. If you are in agreement with the terms, please execute this Supplemental Letter Agreement with proper signatures and return one copy to our offices. Thank you for the opportunity to continue to provide professional services to the City of Maplewood. Sincerely, Mark L. Lobermeier, PE Sr. Vice President Client Service Manager Accepted this day of 2009. CITY OF MAPLEWOOD, MINNESOTA By: Title: C:kDocuments and SettingAnilobernicieAMy Documents\MaplewoodkWater Utilitiy Investigation doc Packet Page Number 96 of 171 Agenda Item L7 Attachment Maplewood, Minnesota Water System Review October 20, 2009 Exhibit A Project Cost Estimated Fee Our estimated cost for completing the project is as follows: Task Time Frame Cost Data Collection November $1,500 Analysis of Current Costs December - February $15,750 Cost Analysis of City-operated Water Utility December - February $15,750 Cost Recovery January - February $3,000 Report March - April $8,000 Meetings November - May $6,000 TOTAL $50,000 Packet Page Number 97 of 171 Agenda liern L7 Attachment Maplewood, Minnesota Water System Review October 20, 2009 Exhibit B Project Team Patrick Planton, PE Mr. Planton has more than 25 years of experience in design engineering and project management of drinking water supply, pumping, storage and treatment facility projects. He offers extensive experience with water system master planning, hydraulic analysis, and network computer and water quality modeling. Patrick has been utilized corporate-wide as an expert in the area of water utility financial planning and rate studies. Pat is also experienced in the planning, design, implementation and startup of utility supervisory control and data acquisition (SCADA) systems. Doug Klamerus, PIE Mr. Klamerus has a broad range of experience in water distribution system master planning. He has used water models to aid communities in site selection and sizing studies for water towers and wells, sizing of trunk water main to increase available fire flow and improve operations, optimizing pressure reducing valve settings, planning boosted pressure zones, and planning interconnections with adjacent communities. Doug has also completed numerous utility rate studies and cost of service studies. These studies have included unique rate structures including financing large capital improvement projects, eliminating minimum use charges, reducing debt service, restructuring rate methods, and promoting conservation. Tom Klatt Mr. Klatt spent 32+ years with the City of Golden Valley, with more than 27 years of supervision responsibility with the last 10+ as the Public Works Department Operations Manager. His responsibilities included direct supervision of 4 supervisors, 26 full time employees, and 12 seasonal employees in the areas of streets, water and sewer, parks, vehicle maintenance and general buildings and grounds. Other responsibilities included business development relating to public works and municipal engineering, infrastructure organization, maintenance and facility development. Tom directed the development or the public works operations budget and capital improvement program and represented those needs before the public, City Manager and City Council. John Thom John is recognized for outstanding performance in the water and wastewater industry by numerous professional organizations, Previous employment positions held include Public Works Superintendent for the City of Pelican Rapids, Vocational Instructor for the state of Minnesota, and Utility Coordinator for the City of Richfield. Joe Rigdon, CPA — Kern-DeWenter-Viere Joe has a demonstrated work experience with SEH staff and many of our clients. Page B -1 Packet Page Number 98 of 171 Agenda Item L7 Attachment Education MBA University of Wisconsin-Oshkosh (1995) Bachelor of Science Civil and Environmental Engineering University of Wisconsin-Madison (1982) Professional Registration Professional Engineer Wisconsin E-24542 (1986) Professional Associations American Water Works Association Wisconsin Water Association Wisconsin Rural Water Association Awards 2007 Project of the Year Brookfield Square Water Treatment Facility, American Public Works Association-Wisconsin Section. Leon A. Smith Distinguished Service A ward Wisconsin Water Association 2002 Special Training Groundwater Flow and Well Hydraulics Seminar, University of Wisconsin, November 1992 Computer Modeling Seminar, University of Kentucky, October 1959 t . Water Distribution System Analysis and Design Seminar, University of Wisconsin, August 1988 Publications Modeling Chlorine Residual Decay in Water Distribution Systems A WWA Information Management and Technology Conference Proceedings, Reno, Nevada, April 1998 Off-peak Pumping for Medium-sized Utilities A WWA Distribution System Symposium Proceedings Portland, Oregon, September 1996 Patrick S. Planton, PE Principal/Senior Project Manager Regional Water Practice Center Manager Experience Water System Master Plan, Stevens Point Water Utility — Stevens Point, Wisconsin. Project Manager and Lead Project Engineer, Responsible for preparation of a comprehensive engineering planning study report focusing on distribution system modeling and planning, water treatment, capital improvements planning, and utility financial planning. . Water System Study, St. Joseph Water Utility — St. Joseph, Minnesota. Project Engineer, Responsible for preparation of a comprehensive water system planning study focusing on water storage and long-term planning issues. Alliant Water System Evaluation — Beloit, Wisconsin. Project Manager and Lead Project Engineer. Responsible for performing a comprehensive engineering evaluation of Alliant Energy water system serving the cities of Beloit, South Beloit (Illinois), and Beloit and Turtle Townships. Document served as due diligence report for City's $2 purchase of Alliant's water system. Distribution System Hydraulic Investigation, Sheboygan Water Utility — Sheboygan, Wisconsin. Project Manager and Lead Project Engineer. Responsible for preparation of a distribution system computer C� model, hydraulic analysis, system deficiency analysis, and capital improvements planning for City's water transmission and distribution system. City pumping capacity: 35 mgd. Water System Computer Modeling Evaluation, Milwaukee Water Works — Milwaukee, Wisconsin, Project Manager and Lead Project Engineer. Responsible for conducting workshop with Milwaukee Water Works staff on computer modeling City water distribution system. Water Distribution System Capacity Analysis, South Milwaukee Water Utility — South Milwaukee Wisconsin. Project Manager. Responsible for hydraulic analysis of south side distribution system and recommendations of improvements necessary for interconnections with City of Oak Creek. Comprehensive Water System Study and Master Plan, La Crosse Water Utility — La Crosse, Wisconsin. Project Manager and Lead Project Engineer. Responsible for preparation of a comprehensive engineering planning study report, with emphasis on long-range utility Page B-2 Packet Page Number 99 of 171 Agenda Item L7 Attachment planning and hydraulic computer modeling of pressure zone segmentation. City pumping capacity: 40 mgd. Water System Master Planning Study, Madison Water Utility — Madison, Wisconsin. Project Engineer. Responsible for analyzing supply and storage needs in conjunction with a water utility master planning study. City pumping capacity: 50 mgd. Water System Master Planning Study, Superior Water, Light & Power Company — Superior, Wisconsin. Project Engineer. Responsible for preparation of a comprehensive water'planning study report focusing on water supply and storage issues, distribution system modeling and planning, water treatment, and capital improvements planning, Water Utility Rate Study — New Richmond, Wisconsin. Project Manager and Lead Project Engineer. Responsible for preparation of a comprehensive water rate study for the New Richmond Water Utility focusing on rate equity for industrial customers and alternative rate structures for metered, season customers. Douglas E. Klamerus, PE Project Engineer Education Experience Bachelor of Science Water Supply and Storage Analysis — North St. Paul, Minnesota. Civil Engineering Michigan Technological Project Manager on a study that used a computer hydraulic analysis of University (1996) the distribution system to determine if storage improvements were needed for several significant redevelopment projects. The Professional Registration improvements included the reconstruction of Highway 36 that runs Professional Engineer in east/west through the center of the community along with the potential Minnesota redevelopment of an industrial area into mixed use. The results if the study concluded that based on the amount of supply, additional storage Professional Associations was not needed. In addition to this recommendation, crossings under American Water Works the new Highway 36 were adjusted to meet the long term needs of the Association (A WWA) area. American Society of Civil Engineers (ASCE) Water Rate Study - Minnetonka, Minnesota. Project Engineer for new capital improvement projects including two new wells, a large WTP and new tower required several revisions to the existing rates, Prior to allowing the city to pump water from the new wells, the Minnesota DNR required that a new conservation oriented rate structure be developed. SEH and City staff worked closely together to develop an inclining block rate structure for residential users, while creating a surcharge for commercial/industrial users during the summer period. In addition, the minimum usage charge was eliminated. Inclining block Page B-3 Packet Page Number 100 of 171 Agenda Item L7 Attachment rates were developed by analyzing the billing records of all customers for a one year period. Several levels of rates were developed based on the billing database analysis and revenue projections were developed to show how eliminating the minimum charge could be accomplished. Utility Rate Study & Utility Rate Study Update - Columbia Heights, Minnesota. Project manager on a study to develop new rates for water, sanitary sewer and stormwater. Aging infrastructure replacement projects were creating a large burden on existing utility enterprise funds with several funds depleted below their recommended reserve levels. In addition, an outdated minimum user charge was included as part of the existing rate structure. A new rate structure was developed to charge users for a fixed fee in addition to a commodity (usage) charge. Rates were restructured to accommodate the high replacement costs while building back the reservesAn addition, to these large expenditures, the first ring Minneapolis suburb required that rates stay below an overall 10 percent increase to the total utility bill. Rates were updated recently to include another five year period. Various Water Distribution System Models. Completed analysis of many computer models of water distribution systems throughout the upper Midwest. Experience ranges from complete Comprehensive Water Plans to analysis of individual projects regarding operation of and/or sizing of future facilities for both service extensions or system upgrades. A partial list of communities that Doug has worked in include: Andover, MN Vadnais Heights, MN Stillwater, MN Lakeville, MN Hugo, MN Cambridge, MN Burnsville, MN Rogers, MN St. Francis, MN Edina, MN Chanhassen, MN Montgomery, MN Minnetonka, MN Shoreview, NM Princeton, MN Clearwater, MN Lakeland, MN Cohasset, MN St. Cloud, MN Bayport, MN Sauk Rapids, MN Pine City, MN Hudson, W1 Waite Park, MN New Prague, MN De Pere, Wl Water Model Upgrade and Analysis — Burnsville, Minnesota. The City authorized SEH to update their existing water distribution system model to include an extended period simulation scenario. SEH also analyzed several interconnection scenarios, to determine negative impacts upon the Burnsville system, if the City were to provide all interconnection to the City of Savage, Page B-4 Packet Page Number 101 of 171 Agenda Item L7 Attachment Thomas L. Matt Customer Service Advisor/Public Works Specialist Education General Background Associated Arts North Hennepin Community Mr. Matt spent 32+ years with the City of Golden Valley, a first ring College (1971 ) suburb of Minneapolis, with more than 27 years of supervision Business Courses responsibility with the last 10+ as the Public Works Department University of Minnesota (1971-1972) Operations Manager. Responsibilities included direct supervision of 4 supervisors, 26 full time employees, and 12 seasonal employees in the Professional Certification areas of streets, water and sewer, parks, vehicle maintenance and PW Certificate Program general buildings and grounds. Other responsibilities included business Trained Emergency Manager development relating to public works and municipal engineering, infrastructure organization, maintenance and facility development. As a Professional Associations department manager, Tom directed the development or the public works Minnesota Chapter American operations budget and capital improvement program and represented Public Works Association (past those needs before the public, City Manager and City Council. President) Current - Education Training Committee Tom provided the leadership that lead to the organizational structure Current - Conference planning that had all maintenance personnel specializing in specific areas but committee member developed a cross training program that ensured all employees were well versed in all maintenance applications. This consolidated work Awards force lead to an extremely versatile work force that supported everyday Superintendent of the Year operations and excelled during emergency response. Tom developed a Award (2005) - American Public Works Association performance pay system that was so well received that the unionized employees elected to leave the union in support of the system that was put in place. As a Client Service Advisor, he will see to it that clients receive superior client service in accordance with the negotiated Scope of Work. He becomes a "Client Advocate" for the client insuring communities of a successful project from the beginning to end. John Thom Education Water Production and Wastewater Operations Specialist Plumbing and Pipe-fitting North Dakota State School of Science (1962) General Background Technical Teaching Certificate Management of water and wastewater utilities, including project University of Minnesota (1970) management, plant studies, plant start-up, maintenance manuals, Professional operation procedures manuals, water and wastewater operator training, Registrations and wastewater and water treatment pilot plant designer and operator. Class A VYatc-r Operators I Recognized for outstanding performance in the water and wastewater C I industry by numerous professional organizations. Previous employment Class A Wastewater Operators positions held include Public Works Superintendent for the City of Certification Pelican Rapids, Vocational Instructor for the state of Minnesota, and Utility Coordinator for the City of Richfield. Page B-5 Packet Page Number 102 of 171 Agenda Item L7 Attachment John Thom - Experience prior to joining SEH Professional Associations Utility Coordinator — City of Richfield, Minnesota (1982-2001). American Water Works Association (A WINA) Management of utility operations in water, wastewater collection, and 1965 present storm water collection and treatment. Operation of 20MGD lime Chair, Minnesota Section softening plant along with 120 miles of distribution system and 11,250 200012001 Utility Council, 1985 Program Chair, 1997-99 service connections. Operation of 119 miles of wastewater collection Trustee at Large, 1997-98 system with 11,300 service connections. Supervision of 18 operators Minnesota Wastewater that worked a 16/7 schedule. Monitored budgets, responsible for Operators Association customer contact and public relations. Projects included: 1968-present President, 1977-78 Meter Change-Out Program - replaced 11,500 meters Secretary-Treasurer, 1978-83 Water Environment Federation Lime Sludge Dewatering Plant 1970-present Renovation of Lime Softening Plant (CEC Grand Award and MSPE 7 American Public Works Wonders of Engineering Award) Association (APWA) 1990-present Start-up of GIS System for the City Start-up of Work Management System for Public Works Awards George Warren Fuller Award - Vocational Field Instructor — Department of Education, State of American Water Works Association Minnesota (1970-1982). Conduced training classes throughout the state Loyal Service Award - of Minnesota in the operation and maintenance of water and wastewater Minnesota Wastewater treatment plants. Also conducted job training and safety classes in all Operators Association public works areas including all utilities such as power production, Past President Award -- Minnesota Wastewater water and waste treatment, and natural gas distribution. Operators Association Superintendent of Public Works - City of Pelican Rapids (1965- 1970). Management of Public Works operation included responsibilities involving water, wastewater, streets and parks, operation of a 3.0MGD iron removal plant, trickling filter wastewater plant, and stabilization ponds for industrial treatment. Page B-6 Packet Page Number 103 of 171 Agenda Item L7 Attachment " \ 1 KERN - DEWENTER- V1 ERE 1, R 11TR 4 :All E&N Founded in 1945 as a CPA firm, KDV is a firm built on a heritage of providing sound, strategic advice over the years. With over 115 employees in offices in Minneapolis, Bloomington and St. Cloud, we offer a full range of business and advisory services to help small and mid-size clients increase their efficiency and financial performance. We help organizations better manage their finances through CPA services, such as audit and tax planning, as well as daily accounting services such as payroll and general ledger. Our firm employs a total of 37 certified public accountants utilized within various departments. Our government team consists of 25 employees located in both our Minneapolis and St. Cloud offices. These employees are all dedicated to city, school district, and other government organizations auditing and consulting services. With over 50 years of experience serving the government community, we have a great appreciation for the unique issues and complexities that you face. We currently work with over 150 governmental entities, including cities, school districts, Minnesota State Colleges and Universities and other organizations, providing a wide array of services including accounting, auditing and consulting services. KDV offers the following specific services to the governmental segment: ■ Conducting independent audits of financial statements • Assisting governmental entities conform with the requirements to receive their Certificate of Achievement for Excellence in Financial Reporting • Assisting with budgeting and capital improvement plan development • Providing tax consultation for income and payroll related matters ■ Assisting personnel with accounting and financial reporting decisions relating to current and new Minnesota Statutes and other regulations ■ Assisting in implementing financial reporting systems ■ Assisting personnel on an "as needed basis' with the year-end closing process and other accounting functions • Training personnel on a variety of government accounting and finance best practices • Performing a wide variety of additional municipal consulting services, including controller and financial officer services, revenue and utility enhancement studies, debt and cash flow analysis, and accounting system and internal control evaluations Visit www.kdv.com and for more information about how KDV can assist your city, please contact Joe Rigdon at 763-569-5774 Packet Page Number 104 of 171 Agenda Item L7 Attachment *1 1 494101#1 1 [" • Actively involved in local government finance since 1992 • Experience in governmental accounting, consulting, and auditing • Tenure in local city and county municipal finance (Hennepin County, Cities of Rogers and Falcon Heights), including direct responsibility for utility billing and utility rate setting • Audit Manager of numerous municipal audits, predominately cities • Consulting Manager of numerous municipal finance and accounting projects, including financial and utilities planning • Fiscal Expert in multiple contested annexation cases • Attends workshops on municipal finance, accounting, and auditing on an annual basis that qualifies as government-specific continuing professional education • Recipient of the Certificate of Achievement for Excellence in Financial Reporting issued by the Government Finance Officers Association for preparation of Comprehensive Annual Financial Reports • Recipient of the Distinguished Budget Presentation Award issued by the Government Finance Officers Association for preparation of budget documents 12 TNf".T# • Minnesota Society of Certified Public Accountants • American Institute of Certified Public Accountants • Minnesota Government Finance Officers Association (past executive board member) • Government Finance Officers Association • League of Minnesota Cities • Municipal Clerks and Finance Officers Association • Past member of Minnesota Society of Certified Public Accountants Governmental Auditing and Accounting Task Force • Past member of Minnesota Office of the State Auditor Tax Increment Financing Panel OEM KERN -DEWENTER-VIERE Packet Page Number 105 of 171 Agenda Item L7 Attachment RECENT CLIENTS: Below is a list of cities which have retained KDV in the past several years for an auditing or consulting project and with whom Mr. Rigdon has had direct involvement: Annandale • Barnum Brooklyn Park Carlton Chisago City Corcoran • Dayton ElkolNew Market Farmington Freeport • Greenfield Howard Lake Lake Elmo Minnetonka Minnetrista New Brighton Northfield Park Rapids Paynesville Pine River Rogers Roseville • St. Joseph • Savage • Shakopee • Stacy In addition, Mr. Rigdon has advisory capacity for numerous additional municipal clients, as well as significant involvement with the Minnesota State Colleges and Universities (MnSCU) annual system-wide audit. KERN - )DFWENTER-V1 ERE Packet Page Number 106 of 171 Agenda Item L8 AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development & Park Director Bill Priefer, Public Works Operations Analyst /Recycling Coordinator SUBJECT: Consideration of Amendment and Extension to the Eureka Recycling Contract DATE: October 28, 2009 INTRODUCTION Recent unforeseen economic events have affected the recycling markets in serious ways that are threatening the viability of the City of Maplewood's recycling program. In order to continue the program at the current level of service, Eureka and staff propose a change in the collection fee charged by Eureka to Maplewood from a per ton basis to a per household basis. The current recycling contract with Eureka ends in December, 2010. It is proposed that the contract be extended for an additional two years from 2011 to 2012 BACKGROUND During late 2008 and continuing into 2009, the value of recycled materials has dropped by more than 80 %, and worse yet, the volume of recycled materials is decreasing. Due to the current market conditions, it costs more to process paper than the market will pay for it. Consequently, there is no revenue, and in fact, the revenue share to the city thus far in 2009 is "negative ". The aluminum market continues to show increases, but the revenue from aluminum still does not offset the loss from paper. The city's revenue share through September 2009 is negative $1,245 while the revenue share for paper and aluminum during the same period in 2008 was $82,928. The total revenue share for 2008 resulted in $106,014 to the city. Our contract with Eureka is typical of metro area recycling contracts: collection, processing and a revenue share which is tied to market conditions for recycling commodities. Maplewood's contract with Eureka has served as a model for other cities to follow. Collection The city currently pays Eureka $116.73 per ton of material per month to collect recycling in Maplewood. This equates to approximately $1.71 per household per month or $20.52 per year. On average, other metro area cities pay their recycling contractors around $30 -$40 per household per year, which does not include educational and promotional materials or any other waste reduction programs which are offered to the city by Eureka through our contract. Processing The city currently pays Eureka $50 per ton for fiber (paper and cardboard) that is processed and $90 per ton for aluminum. Processing includes the cleaning, sorting, bailing, crushing, marketing and transporting of the material so they can be made into new products. The city does not pay for processing for the other material collected such as steel, plastic bottles, milk cartons, juice boxes, glass and textiles. Revenue Share Agreement Packet Page Number 107 of 171 Since the beginning of the contract in 2006, Eureka has provided over $251,000 of revenue to the city after the processing costs were deducted. The revenue is derived from the sale of the recyclable materials. Eureka pays the city 60% of the revenue for paper after the processing fee of $50 per ton is deducted, and pays 50% of the revenue for aluminum after the processing fee of $90 per ton. DISCUSSION Three options are proposed for discussion and consideration: Option One: Change collection fee from a per ton basis to per household basis and extend contract through 2012. Eureka and staff propose a change in the collection fee charged by Eureka to Maplewood from a per ton basis to a per household basis. Under the current per ton fee structure, the cost of Maplewood's recycling program ebbs and flows with the amount of materials collected at the curb. Under a new per household fee structure, the amount the city pays Eureka to provide recycling services remains consistent even if the number of tons rise or fall. It is important to note that there will be no changes to the revenue sharing agreement. In addition to the change to a per household basis, staff is also recommending that the contract be extended for a period of two years beyond the current five year term which terminates on December 31, 2010. The reasons for extending the contract are as follows: 1. Maplewood's recycling program will be more economically sustainable and will continue to ensure that all materials collected in Maplewood are recycled to their highest and best use. 2. The change to a per household fee provides much more stability in the cost of the program, allowing the city to project costs with more accuracy. 3. Maplewood will extend the contract for recycling collection and processing to the end of 2012 with very favorable pricing even in a down market in which new bids would likely be much higher on both the processing and collection sides of the program. 4. Contract ending 2010 would require that the Request for Proposal process begin in mid 2010. With the interest by the Environmental and Natural Resources Commission to review the feasibility of organized trash hauling, extension of the recycling contract will allow the city time to align these efforts. Eureka and staff are proposing to move, over the next three years, to a $2.10 per household per month fee for all curbside and multi - family units. These per household rates will continue to keep Maplewood's recycling program one of the most cost effective in the metro area. The fee of $2.10 per household ($25.20 per year) for recycling would put Maplewood at the low end of the $30 -$40 per year average cost for residents in the metro area. The rate increase would be effective October 1, 2009 at $2.00 per household through 2010, and then increase five cents per household in both 2011 and 2012 to arrive at $2.10 per household. The per household fee would also be adjusted annually using the Federal Reserve Bank of Minneapolis annually published Consumer Price Index (CPI) or 2.0 %, whichever is less. Assuming a 2.0% CPI, the rates would be $2.09 and $2.18 in 2011 and 2012 respectively. Option Two: Amend the contract to change collection fee basis only, with no extension of contract: Eureka and staff propose a change in the collection fee charged by Eureka to Maplewood from a per ton basis to a per household basis for the balance of the contract which runs through December 31, 2010. The 2 Packet Page Number 108 of 171 rate of $2.10 per household per month for all curbside and multi - family units will be effective in 2009 though 2010 after council approval. Since the contract expires on December 31, 2010, it will be necessary to do a Request for Proposal before mid 2010. We have been assured by Eureka Recycling that all proposals will certainly be higher than $2.10 from all bidders. The following illustrates what other cities are currently paying and reinforces the fact that Maplewood would still have the best deal in the metro area at $2.10 per household per month or $25.20 per year going forward through 2012: City Cost per Month/Year Maplewood $2.1 0/$25.20 Roseville $2.23/$26.76 Saint Paul $2.24/$26.88 Lauderdale $2.40/$28.80 Edina $2.65/$31.80 Plymouth $2.70/$32.40 St.Louis Park $2.79/$33.48 Arden Hills $3.06/$36.72 •. • •• • • If we do nothing, it will become increasingly more difficult for Eureka to recycle paper. Clause 24 (Lack of Adequate Market Demand) provides Eureka with a process to negotiate a contract amendment relating to disposal of such a recyclable commodity that does not have adequate market demand. The city will be liable to pay the costs of disposal of any item that is deemed not recyclable by Eureka due to a lack of adequate market demand. DISCUSSION CONT. The three proposed options for amendments to the Eureka Recycling contract were discussed at the September 21, 2009 Environmental and Natural Resources Commission meeting. The item was tabled until the October 19, 2009 meeting so that it could be determined whether or not the contract could be reopened and amended. The City Attorney is of the opinion that the contract can be reopened for amendments per the above referenced Clause 24 (Lack of Adequate Market Demand) which is found on page 13 of the attached Eureka Recycling contract (Attachment 1). This clause gives the city specific authority to reopen the contract and negotiate terms that are in the best interest of the city. During their October 19, 2009 meeting, the Environmental and Natural Resources Commission voted 4 to 2 to approve Option One which proposes to change the collection fee paid to Eureka Recycling by the city from a per ton basis to a per household basis that will start at $2.00 per household in 2009, if approved by Packet Page Number 109 of 171 council, and escalate to $2.10 per household in 2012. The Commission also approved the proposed extension of the contract for two additional years through 2012. If the city is truly dedicated to two stream recycling and sustainability, it is in the best interest of the city and its residents to continue to recycle paper rather than see it go into the waste stream. If we truly have a city mission to be green and sustainable, and want to have a robust recycling program that guarantees that all materials collected in Maplewood are recycled to their highest and best use, then we have an obligation to reopen and renegotiate this contract. To do nothing is not advisable and will cost us more money. SUMMARY Although our current contract is on a per ton basis, the following table illustrates the costs and the revenue share on a per household basis over the life of the contract. *2009 Costs through September $2.02 $2.02 $2.12 $2.12 $2.12 For example, in 2008, Eureka charged the city $314,121 for the collection and processing of recyclables. This charge was offset by a revenue share of $106,014 which resulted in a net charge of $208,107 to the city. What this means per household is that Maplewood paid a net charge of $1.16 per household to Eureka to collect and process recyclables in 2008. The monthly fee charged to each residential and multifamily unit was $2.12 per month in 2008 which generated revenue of $0.96 per household to the Recycling Fund in 2008 which was used to pay other recycling operating costs and to contribute to the fund balance. However, without a positive revenue share in 2009 (and assuming zero revenue in 2010 due to the continued down markets), the contribution to the 4 Packet Page Number 110 of 171 EUREKA REVENUE NET YEAR CHARGE SHARE CHARGE ANNUAL COST $287,175 $58,640 $228,535 2006 COST PER HOUSEHOLD $1.60 $0.33 $1.27 PER MONTH ANNUAL COST $298,419 $87,194 $211,225 2007 COST PER HOUSEHOLD $1.66 $0.48 $1.18 PER MONTH ANNUAL COST $314,121 1 $106,014 $208,107 2008 COST PER HOUSEHOLD $1.75 $0.59 $1.16 PER MONTH ANNUAL COST* $221,108 - $1,245 $222,353 2009 COST PER HOUSEHOLD $1.71 -$0.01 $1.72 PER MONTH ANNUAL COST $377,748 $0.00 $377,748 2010 COST PER HOUSEHOLD $2.10 $0.00 $2.10 PER MONTH *2009 Costs through September $2.02 $2.02 $2.12 $2.12 $2.12 For example, in 2008, Eureka charged the city $314,121 for the collection and processing of recyclables. This charge was offset by a revenue share of $106,014 which resulted in a net charge of $208,107 to the city. What this means per household is that Maplewood paid a net charge of $1.16 per household to Eureka to collect and process recyclables in 2008. The monthly fee charged to each residential and multifamily unit was $2.12 per month in 2008 which generated revenue of $0.96 per household to the Recycling Fund in 2008 which was used to pay other recycling operating costs and to contribute to the fund balance. However, without a positive revenue share in 2009 (and assuming zero revenue in 2010 due to the continued down markets), the contribution to the 4 Packet Page Number 110 of 171 Recycling Fund will be reduced considerably. The Recycling Fund is an enterprise fund that is financed through user fees (i.e. $2.12 per month per household) and does not rely on the general fund for financing. An enterprise fund is financed and operated in a manner similar to private business enterprises. Fortunately the Recycling Fund has a healthy fund balance which will allow the city to weather 2010 if the markets remain down. The fund itself can absorb the additional cost for now. And, we will not have to raise the recycling rate of $2.12 per month charged to our residents in 2010. The 2009 projected year end fund balance is estimated to be $500,000. The 2010 estimated year end recycling fund balance, assuming no revenue sharing, is projected to be $450,000. RECOMMENDATION Staff recommends that council approve the Option One proposal that would amend the Eureka Recycling contract to change the collection fee from a per ton basis to a per household basis, and extend the contract two additional years through December of 2012. Attachments: 1) Contract Agreement Between City of Maplewood and Eureka Recycling for Recycling Services 2) Amendments to Contract Agreement between City of Maplewood and Eureka Recycling 3) Minutes from the September 21 and October 19, 2009 Environmental and Natural Resource Commission 5 Packet Page Number 111 of 171 Attachment 1 CONTRACT AGREEMENT BETWEEN CITY OF MAPLEWOOD AND EUREKA RECYCLING FOR RECYCLING SERVICES Table of Contents 1. Definitions ...................................................................................... ..............................4 2. Term of contract ............................................................................ ............................... 7 3. Annual Work Plan .......................................................................... ..............................7 4. Annual performance review meeting to discuss recommendations for continuous improvement................................................................................. ............................... 7 5. "Dual Stream, Plus" collection / processing system ...................... ..............................8 6. Payment Terms .............................................................................. ..............................8 7. RFP and Contractor's Proposal ...................................................... ..............................9 GENERAL REQUIREMENTS FOR ALL COLLECTIONS .................... ..............................9 8. Missed collections .......................................................................... ..............................9 9. Severe weather ............................................................................. .............................10 10. Collection hours and days ........... ............................................. ..... .............................10 11. Customer Complaints .................................................................... .............................10 12. City retains right to specify resident preparation instructions ........ .............................10 13. City shall approve Contractor's public education literature ............ .............................10 14. Weighing of loads .......................................................................... .............................11 15. Monthly and annual reports ........................................................... .............................11 16. Ownership of recyclables .............................................................. .............................11 17. Scavenging prohibited .................................................................. .............................11 18. Cleanup of spillage or blowing litter ............................................... .............................12 19. Recyclable materials required to be transported to markets; Disposal prohibited ......12 20. Designated primary glass market .............................. 21. Processing facilities must be specified .......................................... .............................12 22. Estimating materials composition as collected .............................. .............................12 23. Estimating process residuals ......................................................... .............................13 24. Lack of adequate market demand ................................................. .............................13 25. Vehicle requirments ....................................................................... .............................13 1 Packet Pape 26. Personnel Requirements ............................................ ................... ........... ............... 14 27. Licenses and Permits ................................................................................ ................ 14 28. Performance monitoring ............................................................................................. 14 29 . Liquidated damages ................................................................................................... 14 CURBSIDE COLLECTION REQUIREMENTS .................................................................. Is 30. Weekly Collection ............................................................................ .......................... 15 31. Point of collection ....................................................................................................... 15 32. Curbside collection schedule deadline ....................................................................... 15 33. Procedure for handling non-targeted materials ............................. .............................15 34. New Materials to be Added in 2006 ........................ ....... ........................................ _ 16 MULTI FAMILY COLLECTION REQUIREMENTS ............................... .............................16 Insurance .................................................................................................................. 35. MFD building owners may elect to subscribe to recycling service under the City's Transfer of interest ..................................................................................................... 19 contract. .............................. ....... .................................................. ..................... 16 36. Multi-family collection stations .................................................................................... 16 37. Multi-family container location(s) ................................................................................ 16 38. Multi-family service standards .................................................................................... 17 39. Multi-family recycling container requirements ............................... .............................17 Independent contractor .............................................................................................. 40. Responsibility for providing and maintaining multi-family recycling containers ........... 17 41. Public education information for tenants with multi-family recycling service ...............17 Accounting standards ................................................................................................. 42. Other public education tools to residents with multi-family recycling service ..............17 Retention of records .................................................. ........................... .................... 43. Annual report to MFD building owners ......................................... ............................. 17 INSURANCE AND OTHER LEGAL REQUIREMENTS ....................... .............................18 44 . Insurance .................................................................................................................. 18 45 . Transfer of interest ..................................................................................................... 19 46. Non-Assignability and Bankruptcy ...................................................... ................... ... 19 47. Dispute resolution and arbitration procedures ................................. ........................ 19 48 . Performance bond ...................................................................................................... 19 49. General compliance ................................................................................................... 20 50. Independent contractor .............................................................................................. 20 51 . Hold harmless ............................................................................. ...... 20 52. Accounting standards ................................................................................................. 20 53. Retention of records .................................................. ........................... .................... 20 K Packet Page Number 113 of 171 54. Data practices ............................................................................... .............................21 55. Inspection of records ..................................................................... .............................21 56. Applicable law ............................................................................... .............................21 57. Contract termination ...................................................................... .............................21 58. Employee working conditions and Contractor's safety procedures ............................21 59. Contract amendments ................................................................... .............................22 3 Packet Page Number 114 of 171 This Agreement is made this day of 06 QUi Z-2005, between the City of Maplewood, 1830 East County Road B, Maplewood, Minnesota 55109 (the "City") and The Neighborhood Recycling Corporation, Inc. (D/B/A "Eureka Recycling"), a Minnesota non-profit corporation, with its current local place of business at 2828 Kennedy Street NE, Minneapolis, Minnesota 55413 (the "Contractor"). WITNESSETH: WHEREAS, the City supports a comprehensive residential recycling program and desires that high-quality recycling services be available to all its residents; and WHEREAS, the City supports curbside recycling as part of an overall landfill abatement program; and WHEREAS, the City supports multi-family recycling services as another part of an overall landfill abatement program; and WHEREAS, Ramsey County has funding available for such residential recycling services; and WHEREAS, the Contractor has submitted a proposal for comprehensive recycling services to the City; NOW, THEREFORE, the City and Contractor mutually agree as follows, in consideration of the mutual promises and covenants contained herein: 1. Definitions 1.1 "Aluminum cans" Disposable containers fabricated primarily of aluminum, commonly used for soda, beer, juice, water or other beverages. 1.2 "City's annual recycling public education flyer" The City publishes an annual public education flyer that contains the following recycling information for City residents: • Annual calendar and map of curbside recycling districts for "single family dwellings" • List of materials to be included for recycling • List of materials excluded that cannot be recycled in the City's program • General information about curbside recycling and multi-family recycling instructions • How to prepare materials. 1.3 "City's designated contact person" The City has designated the City's Environmental Management Specialist, DuWayne Konewko, as the City's current contact for management and administration of this Agreement. 4 Packet Page Number 115 of 171 1.4 "City-designated recyclables" or "Recyclable materials" or "Recyclables" The following recyclable materials: aluminum cans; steel cans; glass jars and bottles; paper recyclables; plastic bottles; textiles; and corrugated cardboard as defined and further described in the "City's annual recycling public education flyer". This list of recyclable materials can be amended through negotiation between the City and its Contractor at any time within the duration of the contract term. Such negotiations must be reduced to a written amendment to this Agreement and duly executed before it shall go into effect. 1.5 "Collection" The aggregation and transportation of recyclable materials from the place at which it is generated and includes all activities up to the time when it is delivered to a recycling facility. 1.6 "Contractor" The City's recycling service Contractor under the new contract beginning operation on January 1, 2006. 1.7 "Corrugated cardboard" Cardboard material with double wall construction and corrugated separation between walls but not plastic, wax or other coated cardboard. 1.8 "Curbside recycling bins" Uniform curbside recycling bins (e.g., red, plastic recycling "tubs") supplied by the City in which recyclables can be stored and later placed for curbside collection, as specified by the City. The recycling containers remain the property of the City. 1.9 "Curbside recycling service" The recycling collection service, together with related public education and other customer services, specified within this RFP utilizing curbside recycling bins. Multi-family dwellings may receive curbside recycling service as selected by the City and the Contractor. 1.10 "Glass jars and bottles" Glass jars, bottles, and containers (lids/caps and pumps removed) that are primarily used for packing and bottling of food and beverages. 1.11 "Market demand" The economic and technical capacity of markets to use recyclable material to make new products. 1.12 "Markets" Any person or company that buys (or charges) for recycling of specified materials and may include, but are not limited to: end-markets, intermediate processors, brokers and other recycling material reclaimers. 1.13 "Multiple family dwellings (MFD) " A building or a portion thereof containing two or more dwelling units. 5 Packet Page Number 116 of 171 1.14 "MFD recycling containers" Recycling containers used for multiple family dwellings (MFD) including any bin, cart, dumpster or other receptacle for temporary storage and collection of designated recyclables from residents in MFD's prior to collection. Such recycling containers must be separate, explicitly labeled as to recyclables included, and colored differently from other containers for mixed solid waste or trash. 1.15 "Multi-family recycling service" Recycling collection service, together with related public education and other customer services, provided to multi-family residents that utilize multi-family recycling containers (i.e., carts) and use multi-family recycling stations. In general, multi-family recycling service shall be provided to MFD's with eleven (11) units or more per building. In general, MF dwellings with two (2) to ten (10) units per building shall be provided with curbside collection service utilizing curbside bins. 1.16 "Multi-family recycling stations" The location of multi-family recycling containers designated by the recycling Contractor with agreement of the MFD building owner. Multi-family recycling stations will likely be a cluster of recycling carts and/or recycling dumpsters (e.g., for old corrugated cardboard). 1.17 "Non targeted materials" Non-recyclable materials that are not included in the City's recycling program. Examples of typical non-targeted items include (but are not limited to): pumps on plastic bottles, ceramic material in glass streams, pizza cartons in corrugated cardboard streams, etc. 1.18 "Paper" Paper includes the following: newspapers (including inserts); household office paper and mail; boxboard; old corrugated cardboard; phone books; Kraft bags; pop/beer boxes and magazines /catalogs. No boxboard containers used for food product storage in refrigerators or freezers are included. 1.19 "Plastic bottles" Plastic bottles shaped with a neck. Plastic lids, caps, rings and pumps are not included. Recyclable plastic bottles shall be identified on the bottom with the SPI plastic codes #1 (PETE) and #2 (HDPE) including bottles containing: liquor; milk; juice; soft drinks; water; certain foods; soap and cosmetics. 1.20 "Process residuals" The normal amount of material that can not be economically recycled due to material characteristics such as size, shape, color, cross-material contamination, etc. and must be disposed as mixed municipal solid waste. Process residuals include subcategories of process residuals including but not limited to bulky items, contaminants, sorted tailings, floor sweepings and rejects from specific processing equipment (e.g. materials cleaned from screens, etc). "Process residuals" does not include clean, separated products that are normally processed and prepared for shipment to markets as commodities but are of relatively low-value because of depressed market demand conditions. 6 Packet Page Number 117 of 171 1.21 "Processing" The sorting, volume reduction, baling, containment or other preparation of recyclable materials delivered to the processing center for transportation or marketing purposes. 1.22 "Processing center" A recycling facility in which recyclable materials are processed. The facility will conform to all applicable rules, regulations and laws of state, local or other jurisdictions. 1.23 "Steel cans" Disposable containers fabricated primarily of steel or tin used for food and beverages. 1.24 "Textiles" Textiles include unwanted but reusable Linens: towels, sheets, blankets, curtains, tablecloths and clothes: including belts, coats, hats, gloves, shoes and boots that are clean and free of mold, mildew and excessive stains. Textiles must be dry. 1.25 "Work Plan from Contractor" The annual work plan proposal for recycling system improvements submitted from the Contractor and approved by the City. 2. Term of contract The term of the new recycling contract will be a period of five (5) years from January 1, 2006 through December 31, 2010. 3. Annual Work Plan The Contractor shall submit an annual work plan proposal no later than October 1 for the upcoming calendar year to outline key priorities for system improvements. Public education tools shall be itemized and approximate timelines described. Other service improvements may also be included in the work plan. The City shall review and approve the work plan by no later than November 1 each year. The annual work plan shall be incorporated by reference as an amendment to this contract. 4. Annual performance review meeting to discuss recommendations for continuous improvement Upon receipt of the Contractors annual report, the City shall schedule an annual meeting with the Contractor and the City's Environment Committee. The objectives of this annual meeting will include (but not limited to): • Review Contractor's annual report, including trends in recovery rate and participation. • Efforts the Contractor has made to expand recyclable markets. • Review Contractor's performance based on feedback from residents to the Environment Committee members and/or City staff. • Review Contractor's recommendations for improvement in the City's recycling program, including enhanced public education and other opportunities as contained within the annual work plan for the upcoming year. 7 Packet Page Number 118 of 171 0 Review City staff recommendations for Contractor's service improvements. • Discuss other opportunities for improvement with the remaining years under the current contract. S. "Dual Stream, Plus" collection / processing system Dual stream recyclables collection and processing services shall be the basic service system design for this contract. Under this dual stream design, residents shall continue to be instructed to separate recyclables into two primary groups of materials: (1) all food and beverage containers, including: glass, metal and plastic bottles; and (2) all paper fiber products, including: newspapers, boxboard, magazines, pop/beer boxes, mixed mail, catalogs, phone books, Kraft bags and corrugated cardboard. In addition, residents may place clean, reusable textiles out separately in plastic bags as outlined in Section 34 of this Agreement. Under this "dual stream plus" system design, processing shall also be by the categories as collected: paper separated from containers separated from textiles. The Contractor shall not make any changes to the dual stream collection or processing systems without written approval of the City. 6. Payment Terms The Contractor will invoice the City of Maplewood on a monthly basis and the City will pay the contractor no later than net 30 days of receipt of the invoice. The billing system will include the following elements: 6.1 Per Ton Fee A charge for collection services calculated by multiplying the estimated tons to be collected in that month by the per ton collection fee of $110. The collection fee to be adjusted annually using the Federal Reserve Bank of Minneapolis annually published Consumer Price Index or 2.0%, whichever is lower. The Contractor shall provide a summary of tons collected each month by route. Truck scale receipts for all materials as collected and scaled at the Contractor's processing facility must be kept on file for a period of three years and made available to the City upon request. 6.2 Reconciliation from Previous Month A subtraction or addition of a reconciliation of the previous month's estimated tons as compared to the actual tons. 6.3 Materials Sales Revenue Share A composite credit for the following material sales revenue share: 6.3.1 All Paper Grades Paper prices shall be based on the Official Board Markets (OBM) "Yellow Sheet," Chicago region for Old Newspapers (ONP) # 8, high side of range. The Contractor shall pay the City 60% of this OBM index for all grades of paper collected after a processing fee of $50 per ton. 8 Packet Page Number 119 of 171 6.3.2 Aluminum Aluminum prices shall be based on the American Metal Market (AMM), Aluminum (1st issue of the month), high side nonferrous scrap prices: scrap metals, domestic aluminum producers, buying prices for processed used aluminum cans in carload lots, f.o.b. shipping point, used beverage can scrap. The Contractor shall pay the City 50% of this AMM aluminum index after a processing fee of $90 per ton. The Contractor shall provide copies of the referenced OBM market index and AMM market index with each monthly statement. The Contractor shall provide a detailed explanation of how the material splits are calculated to derive the paper and aluminum tonnage estimates. The City or the Contractor may propose other revenue sharing commodities and corresponding proposed pricing formulae, at any time during the duration of the contract. The parties shall enter into negotiations in good faith and any new revenue sharing agreement shall be reduced to writing in the form of an amendment to the contract. 6.4 Monthly Fuel Price Adjustment A subtraction or addition of a reconciliation of the Department of Energy's monthly published index for "Weekly Retail On-Highway Diesel Prices" composite diesel price for the Midwest region as compared to the baseline price of $2.328 per gallon established on July 4, 2005. The difference between the monthly index and the baseline price will be applied to an agreed upon number of City of Maplewood recycling truck miles per month and miles per gallon. 6.5 Other Any other mutually agreed upon charges or credits. VJ§9_*.TdJ orelaidFireocel . 0 0 0 . The contents of the City's RFP (as of June 13, 2005) and the Contractor's proposal are part of the contractual obligations and are incorporated by reference into this contract. If any provision of the contract is in conflict with the referenced RFP or proposal, the contract shall take precedent. The following general requirements are pertinent to all recycling collections (i.e., both curbside recycling collection and multi-family recycling collection services). However, the City acknowledges that collection service frequencies and other factors will vary between residential and multi family collection programs. S. Missed collections The Contractor shall have a duty to pick up missed recycling collections. The Contractor agrees to pick up all missed collections on the same day the Contractor receives notice of a missed collection, provided notice is received by the Contractor before 11:00 a.m. on a business day. With respect to all notices of a missed collection received after 11:00 a.m. or a business day, the Contractor agrees to pick up that missed collection before 4:00 p.m. on the following business day. 9 Packet Page Number 120 of 171 9. Severe weather The Contractor may postpone recycling collections due to severe weather at the sole discretion of the Contractor. "Severe Weather" shall include, but shall not be limited to those cases in which the temperature at 6:00 a.m. is minus twenty (-20) degrees Fahrenheit or colder. If collections are so postponed, the Contractor shall notify the City. Upon postponement, collection will be made on a day agreed upon between the Contractor and the City. 10. Collection hours and days The City requires all such collections to begin no sooner than 7 a.m. and shall be complete by 7 p.m. Furthermore, the City requires scheduled collection days to be Monday through Friday and pre-selected Saturdays during holiday weeks. The Contractor may request one time City authorization of exceptions to these time and day restrictions (e.g., pursuant to the "Severe Weather" section 9 above). The Contractor must request such exception prior to the requested collection event and specify the date, time and reason for the exception. 11. Customer Complaints The Contractor shall establish and maintain, in a location approved by the City, an office with continuous supervision for accepting complaints and customer calls. The office shall be in service with continuous supervision during the hours of 7 a.m. until 4:30 p.m. on all days of collection as specified in this Agreement. The address and telephone numbers of such office, and ten (10) days prior notice of changes therein, shall be given to the city in writing. The address of this office as of the execution of the contract is 2828 Kennedy Street NE, Minneapolis, Minnesota 55413. The Contractor shall also establish a link to the City's website so complaints can be made electronically. Each month the Contractor shall provide the City with a list of all customer complaints, the nature of these complaints and a description of how each complaint was resolved. The names of the complainants and contact numbers or e-mail addresses must also be included. Complaints on service will be taken and collected by the City and the Contractor. The City will notify the Contractor of all complaints it receives. The Contractor is responsible for corrective actions. The Contractor shall answer all complaints courteously and promptly. 12. City retains right to specify resident preparation instructions The Contractor shall agree that it is the City's sole right to clearly specify the resident sorting and setout requirements. The City shall publish and distribute, on an annual basis, the detailed recyclables preparation instructions for its residents as part of its annual public education flyer. However, the City agrees to confer with the Contractor before the annual flyer distribution, 13. City shall approve Contractor's public education literature The Contractor shall conduct its own promotions and public education to increase participation and improve compliance with City-specified resident preparation instructions as per the public education elements of the annual work plan At a minimum, this shall include: production and distribution of an annual flyer to each home; and (2) distribution of "resident education tags" to be left by curbside collection crews if any non-targeted material is rejected 10 Packet Page Number 121 of 171 and left at the curb. The Contractor shall submit a draft of any public education literature for approval by the City, at least one (1) month before printing and release of any such literature. 14. Weighing of loads Contractor will keep accurate records consisting of an approved weight slip with the date, time, collection route, driver's name, vehicle number, tare weight, gross weight, net weight, and number of recycling stops for each loaded vehicle. Collection vehicles will be weighed after completion of a route or at the end of the day, whichever occurs first. A copy of each weight ticket shall be kept on file and made available for inspection upon request by the City. 15. Monthly and annual reports The Contractor will submit to the City monthly reports and annual reports. At a minimum, the Contractor shall include the following information: • Gross amounts of materials collected, by recyclable material (in tons). • Net amounts of materials marketed, by recyclable material (in tons). • Amounts stored, by recyclable material, with any notes as to unusual conditions (in tons). • Amounts of "Process residuals" disposed (in tons). • Recycling service fee (based upon contracted price per ton). • Revenue share credits back to the City (if any). Monthly reports shall be due to the City by the 15 day of each month. Annual reports shall be due by January 31. The Contractor will be encouraged to include in its annual report recommendations for continuous improvement in the City's recycling program (e.g., public education, multi-family recycling, etc.). 16. Ownership of recyclables Ownership of the recyclables shall remain with the person placing them for collection until Contractor's personnel physically touches them for collection, at which time the ownership of the recyclables shall transfer to Contractor. 17. Scavenging prohibited All recyclable materials placed for collection shall be owned by and are the responsibility of the occupants of residential properties until the Contractor handles them. Upon collection of the designated recyclable materials by the Contractor, the recyclable materials become the property and responsibility of the Contractor. It is unlawful for any person other than the City's recycling Contractor or owner's independent hauler to collect, remove, or dispose of designated recyclables after the materials have been placed or deposited for collection in the recycling containers. The owner, owner's employees, owner's independent hauler's employees, or City's recycling Contractor's employees may not collect or "scavenge" through recycling in any manner that interferes with the contracted recycling services. Packet Page Number 122 of 171 18. Cleanup of spillage or blowing litter The Contractor shall clean up any material spilled or blown during the course of collection and/or hauling operations. All collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Designated recyclables shall be transported in a covered vehicle so that the recyclables do not drop or blow onto any public street or private property during transport. 19. Recyclable materials required to be transported to markets; Disposal prohibited Upon collection by the City's recycling Contractor, the City's Contractor shall deliver the designated recyclables to a recyclable material processing center, an end market for sale or reuse, or to an intermediate collection center for later delivery to a processing center or end market. It is unlawful for any person to transport for disposal or to dispose of designated recyclables in a mixed municipal solid waste disposal facility. The Contractor shall not landfill, incinerate, compost or make fuel pellets out of the recyclable materials. The City and Contractor hereby agree that Anchor Glass Corp. (Shakopee, MN) shall be the primary market of choice for glass bottles and jars collected from the City's recycling program. The Contractor shall develop a proposed glass marketing contingency plan in writing for review, comment and approval by the City. This contingency plan shall be based on recycling glass into markets with the highest and best use of this commodity. The Contractor shall provide an annual assessment of the Anchor glass market as part of its annual report to the City. The Contractor shall provide as much notice as possible if the Anchor glass plant closes, stops accepting recyclable glass cullet, or otherwise becomes economically unfeasible as the primary glass market outlet. If Anchor is no longer a viable primary market for glass, and if the Contractor must adjust its glass processing and/or marketing operations, the Contractor may submit a proposed per ton fee amendment to the City. This per ton fee amendment proposal must include a detailed cost justification for any fee increase. Once the fee amendment proposal is submitted, the City shall have 30 days to negotiate a final fee amendment with the Contractor for approval by the City Council. 21. Processing facilities must be specified The Contractor shall assure the City that adequate recyclable material processing capacity will be provided for City material collected. The Contractor shall provide written notice to the City at least 60 days in advance of any substantial change in these or subsequent plans for receiving and processing recyclables collected from the City. 22. Estimating materials composition as collected The Contractor shall conduct at least one materials composition analysis of the City's recyclables each year to estimate the relative amount by weight of each recyclable commodity by grade. The results of this analysis shall include: (1) percent by weight of each recyclable commodity by grade as collected from the City; (2) relative change compared to the previous year's composition; and (3) a description of the methodology used to calculate 12 Packet Page Number 123 of 171 the composition, including number of samples, dates weighed, and City route(s) used for sampling. The Contractor shall provide the City with a copy of each such analysis. 23. Estimating process residuals The Contractor shall provide the City a written description of the means to estimate process residuals derived from the City's recyclables. This written description shall be reviewed and approved in writing by the City. This written description shall be updated by the Contractor immediately after any significant changes to the processing facilities used by the Contractor. The Contractor shall record the weight and generator for all materials entering the processing facility on a daily, monthly and annual basis. These records shall be made available to the City upon request. The Contractor shall report total weight of material disposed as shipped out to a mixed municipal solid waste facility compared to the total material shipped out each month form its processing facility. 24. Lack of adequate market demand In the event that the market for a particular recyclable ceases to exist, or becomes economically depressed that it becomes economically unfeasible to continue collection, processing and marketing of that particular recyclable, the City and the Contractor will both agree in writing that it is no longer appropriate to collect such item before collection ceases. The Contractor shall give the City as much notice as possible about the indications of such market condition changes. The Contractor may then initiate the formal process by sending a letter to the City notifying the City that the recyclable item should be discontinued from collection. Upon receipt of the Contractor's notice, the City shall have 14 days to review and negotiate a contract amendment relating to disposal of such a recyclable commodity that does not have adequate market demand. After this 14 day period, the City shall pay the costs of all disposal of any item collected that is deemed not recyclable by Contractor and the City due to lack of adequate market demand until the City has approved that collection be discontinued for those materials. After the City agrees to discontinue collection of those materials, the Contractor is responsible for the costs of all disposal of any item collected that is deemed not recyclable by Contractor and the City due to lack of adequate market demand. The City and Contractor shall specify a date in this written contract amendment to cease collection of the recyclable item in question. The Contractor shall at all times be under a duty to minimize recyclables ending up in landfill or disposal at other facilities receiving mixed municipal solid waste. If disposal of any recyclable commodity becomes necessary, upon receiving written permission from the City, the Contractor shall dispose of the recyclable materials at a facility specified in writing by the City or an alternative agreed upon by the City and the Contractor. 25. Vehicle requirements Each collection vehicle shall be equipped with the following: • The Contractor's vehicles shall be marked with the name and telephone number of the Contractor prominently displayed on both sides of the truck. The lettering must be at least 3 inches in height. 13 Packet Page Number 124 of 171 • 2-way radio. • First aid kit. • Approved fire extinguisher. • Warning flashers. • Warning alarms to indicate movement in reverse. • Sign on rear of vehicle which states "This vehicle makes frequent stops". • Broom and shovel for cleaning up spills. All of the required equipment must be in proper working order. All vehicles must be maintained in proper working order and be as clean and free of odors as possible. 26. Personnel Requirements Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Agreement. Contractor's personnel shall: • Conduct themselves at all times in a courteous manner with the general public. • Make a concerted effort to have at all times a presentable appearance and attitude. • Perform their work in a neat and quiet manner and clean up all recyclables spilled in collection and hauling operations • Avoid damage to property. • Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. 27. Licenses and Permits The Contractor shall ensure that all driver and truck licenses and permits shall be current and in full compliance with local, state and federal laws and regulations. Any processing facility used to handle material from the City of Maplewood must have current permits and licenses as required by the appropriate city, county, state and federal laws and ordinances. Contractor shall make available for inspection all such licenses and permits upon request by the City. The City will monitor the performance of the Contractor against goals and performance standards required within this RFP and in the contract. Substandard performance as determined by the City will constitute non-compliance. If action to correct such substandard performance is not taken by the Contractor within 60 days after being notified by the City, the City will initiate the contract termination procedures. 29. Liquidated damages The Contractor shall agree, in addition to any other remedies available to the City, that the City may withhold payment from the Contractor in the amounts specified below as liquidated damages for failure of the Contractor to fulfill its obligations: 1. Failure to respond to legitimate service complaints within 24 hours in a reasonable and professional manner - $50 per incident. 14 Packet Page Number 125 of 171 2. Failure to collect properly notified missed collections - $250 per incident. 3. Failure to provide monthly and annual reports - $100 per incident. 4. Failure to complete the collections within the specified timeframes without proper notice to the city - $100 per incident. 5. Failure to clean up from spills during collection operations - $250 per incident. 6. Failure to report on changes in location of recyclables processing operations - $250 per incident. 7. Failure to provide written description of the means to estimate relative amount of process residuals derived from the City's recyclables - $100 per incident. 8. Exceeding any maximum process residuals rate that may be negotiated as part of a final contract agreement - $1,000 per exceedence. 9. Failure to receive City written approval of changes to the "dual stream" collection and processing systems prior to implementing any such change - $5,000. 10. Failure to conduct annual composition analysis - $100 per incident. These amounts will be for liquidated damages for losses suffered by the City and not penalties. CURBSIDE COLLECTION REQUIREMENTS The following collection requirements are for curbside recycling services only and do not pertain to multi - family recycling services. 30. Weekly Collection The Contractor shall collect curbside recycling materials weekly. Recyclables shall be collected on the same days corresponding to City garbage collection days whenever possible (with the exception of curbside collection on Saturdays within agreed -upon "holiday weeks "). 31. Point of collection All curbside collection service will occur at the curbside (i.e., no alley collections of residential recyclables are allowed for residents with curbside collection service). 32.. Curbside collection schedule deadline If the Contractor determines that the collection of recyclables will not be completed by 6:00 p.m. on the scheduled collection day, the Contractor shall notify the City by 4:30 p.m. that same day and request an extension of the collection hours. The Contractor shall inform the City of the areas not completed, the reason for non - completion and the expected time of completion. If the City's contract- designated contact person cannot be reached, the Contractor will request the City Manager. 33. Procedure for handling non - targeted materials If Contractor determines that a resident has set out non - targeted materials, the driver shall use the following procedure: 15 Packet Page Number 126 of 171 1. Contractor shall leave the non-targeted materials in the resident's curbside recycling bin and leave an "education tag" indicating acceptable materials and the proper method of preparation. 2. The driver shall record the address and the Contractor shall report the address to the City within the monthly report. 34. New Materials to be Added in 2006 The City and the Contractor have agreed to add two new materials to the curbside collection program: pop/beer boxes and textiles. The pop/beer boxes shall be added to the paper stream. These items should be flattened and placed by the resident unbundled with the other papers (newspaper, magazines, etc.) Residents shall place textiles separately in plastic garbage bags or other bags as determined by the City. Each bag or set of bags will have a identifying marker clearly identifying the materials for collection. Residents will be instructed to avoid the use of paper bags and boxes; however, materials set out in these containers are acceptable provided that the materials have not been exposed to rain or snow. If the textiles are wet the Contractor will not collect those items. MULTI FAMILY COLLECTION REQUIREMENTS The following collection requirements are for multi-family recycling services only and do not pertain to curbside collection services. 35. MFD building owners may elect to subscribe to recycling service under the City's contract MFD building owners will be able to use the City's recycling Contractor to provide the recycling services. Alternatively, MFD building owners may independently contract with another licensed recycling contractor to provide the recycling services at the owner's expense. 36. Multi-family collection stations Multi-family recycling stations will be specified with agreement of the MFD building owner on a case-by-case basis. MFD recycling stations will likely be a cluster of recycling bins, carts and/or recycling dumpsters (e.g., for old corrugated cardboard). The number and location of MFD recycling stations shall be adequate to be reasonably convenient and accessible to all MFD residents, 37. Multi-family container location(s) Multi-family recycling containers shall be placed in a location(s) on the MFD premises which permits access for collection purposes but which does not obstruct pedestrian or vehicular traffic and shall comply with the City's zoning and other ordinances. 16 Packet Page Number 127 of 171 38. Multi-family service standards At a minimum, multi-family recycling services shall be available on the premises and shall be provided on a regularly scheduled basis of at least twice a month or as the City and Contractor agree is adequate. The collection schedule and recycling containers' capacity shall provide for regular removal of the recyclables such that there is adequate storage capacity available in the recyclable containers to avoid overflowing containers. 39. Multi-family recycling container requirements The recycling containers for buildings of 11 units or more shall be: 1. Sufficient in number and size to meet the demands for recycling services created by the occupants. 2. Equipped with hinged lids. 3. Equipped with standardized labels identifying the type of recyclable material to be deposited in each container and colored differently from other containers for mixed solid waste or trash. 4. Maintained in proper operating condition and reasonably clean and sanitary. 5. Repaired or replaced on a reasonable schedule if broken due to regular wear and tear. 6. Replacement of stolen containers or containers that have been damaged beyond normal wear and tear shall be the responsibility of the City. 40. Responsibility for providing and maintaining multi-family recycling containers If the MFD building owner uses the City's Contractor, adequate multi-family recycling containers shall be provided and maintained by the City's Contractor under the conditions provided in Section 39 of this Agreement. 41. Public education information for tenants with multi-family recycling service At least once per year, the City's recycling Contractor shall supply the MFD building owner with the sufficient number of recycling fact sheets with instructions for the tenants in their building(s). 42. Other public education tools to residents with multi-family recycling service The Contractor shall specify other public education tools that the Contractor will provide, in cooperation and coordination with MFD building owners, as part of the annual work plan. 43. Annual report to MFD building owners The City's Contractor shall provide an annual report by January 31 of each year to the MFD building owners served by the City's contractor. A copy of each report to the MFD building owners shall also be submitted to the City. The report shall contain, at a minimum, the following information: 17 Packet Page Number 128 of 171 1. Name of owner, building manager and contact information (mailing address, phone numbers, e-mail, etc.) 2. Street address of each MFD served. 3. Number of dwelling units for each MFD. 4. Description of collection services made available to occupants, including number of multi-family recycling stations, number of multi-family recycling containers, location of stations (or curbside service provided for MFD's under twelve units per building) and dates of collection. 5. Description of public education tools used to inform occupants of availability of services. 6. Tonnage estimates for each type of material recycled. 7. Recommendations for future improvements (e.g., specific public education tools). 44.1nsurance Insurance secured by the Contractor shall be issued by insurance companies acceptable to the City and admitted in Minnesota. The insurance specified may be in a policy or policies of insurance, primary or excess. Such insurance shall be in force on the date of execution Of the contract and shall remain continuously in force for the duration of the contract. The Contractor shall have the City of Maplewood named as an additional insured on each insurance policy specified below, unless the Contractor submits in writing this is not feasible for a specific insurance policy. The Contractor shall then provide certificates of insurance to the City by approximately December 15 of each year. The Contractor and its sub-contractors shall secure and maintain the following insurance: 44.1 Workers Compensation Insurance Workers Compensation insurance shall meet the statutory obligations with Coverage 13- Employers Liability limits of at least $100,000 each accident, $500,000 disease - policy limit and $100,000 disease each employee. 44.2 Commercial General Liability insurance Commercial General Liability insurance shall be at the limits of at least $1,000,000 general aggregate, $1,000,000 personal and advertising injury, $1,000,000 each occurrence $50,000 fire damage and $1,000 medical expense for any one person. The policy shall be on an "occurrence" basis, shall include contractual liability coverage and the City shall be named an additional insured. This insurance includes up to $10,000 expenses to extract pollutants from land or water at the "premises" if the discharge, dispersal, seepage, migration, release, escape or emission of the pollutants is caused by or results form a covered cause of loss. 18 Packet Page Number 129 of 171 44.3 Commercial Automobile Liability insurance Commercial Automobile Liability insurance covering all owned, non-owned and hired automobiles with limits of at least $1,000,000 per accident. This insurance includes a cause of loss where there is a spill of fuels and lubricants used in the vehicle for its operation. 44.4 Director's & Officers Insurance or Errors & Omissions Director's & Officers Insurance or Errors & Omissions insurance providing coverage for "wrongful act" any actual or alleged error, misstatement, misleading statement, act or omission, neglect or breach of duty. The insurance policy provides $1,000,000 each occurrence and $1,000,000 aggregate limit of liability for each year. Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor. The Contractor shall control any special or unusual hazards and be responsible for any damages that result from those hazards. The City does not represent that the insurance requirements are sufficient to protect the Contractor's interest or provide adequate coverage. Evidence of coverage is to be provided on a City-approved Insurance Certificate. A thirty- (30) date written notice is required if the policy is canceled, not renewed or materially changed. The Contractor shall require any of its subcontractors to comply with these provisions. 45. Transfer of interest The Contractor shall not assign any interest in the contract, and shall not transfer any interest in the contract, either by assignment or novation, without the prior written approval of the City. The Contractor shall not subcontract any services under this contract without prior written approval of the City. Failure to obtain such written approval by the City prior to any such assignment or subcontract shall be grounds for immediate contract termination. The Contractor currently subcontracts to provide service to old corrugated containers (OCC) customers that require dumpster capacity. This subcontract is annual and the Contractor will notify the City in writing if there is a change in providers. 46. Non-Assignability and Bankruptcy The parties hereby agree that the Contractor shall have no right to assign or transfer its rights and obligations under said agreement without written approval from the City. In the event, the City its successors or assigns files for Bankruptcy as provided by federal law, this agreement shall be immediately deemed null and void relieving all parties of their contract rights and obligations. 47. Dispute resolution and arbitration procedures The parties agree that any controversy or claim arising out of or relating to this agreement or the breach thereof, shall be settled, at the option of the Contractor by arbitration in accordance with the Rules of the American Association of Arbitration and judgment upon the award by the Arbitrator(s) may be entered in any court with jurisdiction thereof. 48. Performance bond This contract specifies requirements for a performance bond in the case of the Contractor's failure to perform contracted services. The performance bond shall be an annual bond for 19 Packet Page Number 130 of 171 $25,000 or whatever actual cost is incurred up to $25,000. The responsibility for renewal is the responsibility of the Contractor. 49. General compliance The Contractor agrees to comply with all applicable Federal, State and local laws and regulations governing funds provided under this contract. The Contractor pays its employees a prevailing wage based on the recycling industry in the state of Minnesota and Hennepin County. The Contractor does not use temporary labor arrangements to avoid paying a living wage. All of our employees, permanent and temporary, receive a paycheck that meets or exceeds living wage standards. Additionally, the contractor provides health insurance for all fulltime employees and a pro rata share for employees working more than 20 hours but less than 40 hours a week. 50. Independent contractor Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an independent Contractor with respect to the services to be performed under this Contract. Any and all employees of Contractor or other persons engaged in the performance of any work or services required by Contractor under this Contract shall be considered employees or sub-contractors of the Contractor only and not of the City; and any and all claims that might arise, including Worker's Compensation claims under the Worker's Compensation Act of the State of Minnesota or any other state, on behalf of said employees or other persons while so engaged in any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of Contractor. The Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney's fees, resulting directly or indirectly from an act or omission of the Contractor, its employees, its agents, or employees of subcontractors, in the performance of the services provided by this contract, any resulting environmental liability that is a result of this contract or by reason of the failure of the Contractor to fully perform, in any respect, any of its obligations under this contract. If a Contractor is a self-insured agency of the State of Minnesota, the terms and conditions of Minnesota Statute 3.732 et seq. shall apply with respect to liability bonding, insurance and liability limits. The provisions of Minnesota Statutes Chapter 466 shall apply to other political subdivisions of the State of Minnesota. 52. Accounting standards The Contractor agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for expenses incurred under this contract. 53. Retention of records The Contractor shall retain all records pertinent to expenditures incurred under this contract for a period of three years after the resolution of all audit findings. Records for non- 20 Packet Page Number 131 of 171 expendable property acquired with funds under this contract shall be retained for three years after final disposition of such property. 54. Data practices The Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor must immediately report to the City any requests from third parties for information relating to this Agreement. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and federal laws. All Proposals shall be treated as non-public information until the proposals are opened for review by the City. At that time the Proposals and their contents become public data under the provisions of the Minnesota Government Data Practices Act, Minn. Stat. C. 13. 55. Inspection of records All Contractor records with respect to any matters covered by this agreement shall be made available to the City or its designees at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 56. Applicable law The laws of the State of Minnesota shall govern all interpretations of this contract, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in those courts located within the County of Ramsey, State of Minnesota, regardless of the place of business, residence or incorporation of the Contractor. 57. Contract termination The City may cancel the Contract if the Contractor fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of the Contract if the default has not been cured after 60 days written notice has been provided. The City shall pay Contractor all compensation earned prior to the date of termination minus any damages and costs incurred by the City as a result of the breach. If the contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Contractor under this agreement shall, at the option of the City, become the property of the City, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 58. Employee working conditions and Contractor's safety procedures The Contractor will ensure adequate working conditions and safety procedures are in place to comply with all applicable federal, state and local laws and regulations. The City reserves the right to inspect on a random basis all trucks, equipment, facilities, working conditions, training manuals, records of claims for Worker's Compensation or safety violations and standard operating procedures documents. 21 Packet Page Number 132 of 171 59. Contract amendments Any amendments to this Agreement shall be valid only when reduced to writing, and duly signed by the parties. IN WITNESS WHEREOF, the parties have subscribed their names as of the date first written. The Neighborhood Recycling Corporation, Inc. (D/B/A "Eureka Recycling"): City of Maplewood: B CH Executive Officer Chief Operating Officer B _ + City Manager Mayor & a W 0 a City Attorney 99 Packet Page Number 133 of 171 Attachment 2 FIRST AMENDMENT TO EXISTING CONTRACT CITY OF MAPLEWOOD & EUREKA RECYCLING This FIRST AMENDMENT is entered into this day of , 2009, by and between the City of Maplewood, 1830 County Road B East, Maplewood, Minnesota 55109 (the "City of Maplewood "), and The Neighborhood Recycling Corporation, Inc. (D1B1A "Eureka Recycling "), a Minnesota non - profit corporation, with its current local place of business at 2828 Kennedy Street NE, Minneapolis, Minnesota 55413. WITNESSETH: WHEREAS, the City of Maplewood and Eureka Recycling entered into a contract dated September 27, 2005, whereby certain recycling services would be provided by Eureka Recycling to the City of Maplewood; and WHEREAS, the City of Maplewood and Eureka Recycling agree that the term of the recycling contract was a period of five (5) years from January 1, 2006 through December 31, 2010, and WHEREAS, the City of Maplewood and Eureka Recycling have determined that it is in their best interests to amend the existing contract by extending the term of the contract to December 31, 2012, and WHEREAS, the City of Maplewood and Eureka Recycling previously contracted for payment terms, that a charge for collection services would be calculated by multiplying the estimated tons to be collected in that month by the per ton collection fee, and the parties agree that this current collection rate is not sustainable and WHEREAS, the City of Maplewood and Eureka Recycling have now determined that it is in their best interests to amend Article 6, § 6.1 of the September 27, 2005 contract to change the fee basis to a per household fee of $2.00 per household per month for the balance of 2009 and 2010. It is further agreed that the per household fee would increase to $2.05 per household per month in the year 2011; and would increase to $2.10 per household per month in the year 2012. The per household fee would also be adjusted annually beginning in the year 2011 using the Federal Reserve Bank of Minneapolis annually published Consumer Price Index or 2.0 %, whichever is less, and NOW, THEREFORE, THE PARTIES HEREBY AGREE THAT: The City of Maplewood and Eureka Recycling hereby amend the terms originally agreed upon by extending the term of the contract to December 31, 2012 and The City of Maplewood and Eureka Recycling hereby amend the terms originally agreed upon by contract 6 Packet Page Number 134 of 171 to change the fee basis to a per household fee of $2.00 per household per month for the balance of 2009 and 2010. It is further agreed that the per household fee would increase to $2.05 per household per month in the year 2011; and would increase to $2.10 per household per month in the year 2012. The per household fee would also be adjusted annually beginning in the year 2011 using the Federal Reserve Bank of Minneapolis annually published Consumer Price Index or 2.0 %, whichever is less IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed as of the date first written. The Neighborhood Recycling Corporation, Inc. City of Maplewood (DIBIA "Eureka Recycling "): A 0 Chief Executive Officer City Manager A By Chief Operating Officer Mayor IN City Attorney 7 Packet Page Number 135 of 171 - III - I C Partial Minutes CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION September 21, 2009 7:00 p.m. COUNCIL CHAMBERS — MAPLEWOOD CITY HALL 1830 COUNTY ROAD B EAST 1. Call to Order — 7 :00 p.m. Chair Mason Sherrill stated six out of seven commissioners were present; there was quorum. 2. Roll Call Commissioners Present Commissioner Carole Lynne Commissioner Frederica Musgrave Commissioner Bill Schreiner Chair Carol Mason Sherrill Commissioner Dale Trippler Commissioner Ginny Yingling Commissioners Absent Commissioner Judith Johannessen Staff Present Shann Finwall, Environmental Planner Bill Priefer, Recycling Coordinator 5. New Business a. Eureka Recycling Contract Amendment Tim Brownell, President and Chief Operating Officer, and Christopher Goodwin, of Eureka Recycling were present at the meeting. Bill Priefer, the city's Recycling Coordinator, was also present and gave a short summary on the current recycling program in Maplewood. He reviewed Packet Page Number 136 of 171 the current contract and the new proposal, which would change the city collection from a per -ton to a per - household basis. He said this would cause cost increases to the city; however it should stabilize over the next three years. Mr. Brownell talked about changes over the past few years, and the economic reasons behind these changes. Ms. Finwall proposed to extend the current contract with Eureka Recycling to 2012. Commissioner Trippler stated that there is no language in the contract that allows for an extension or an amendment. To be fair and transparent, the city should probably go out for proposals rather than just amending the existing contract. Environmental Planner Finwall recommended that the item be tabled to allow the city attorney time to review the contract and determine if an extension or amendment is event feasible. Commissioner Trippler made a motion to table this item, seconded by Commissioner Musgrave. The motion carried by a vote of 6 to 0. 9 Packet Page Number 137 of 171 Draft Partial Minutes CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday, October 19, 2009 Council Chambers, City Hall 1830 County Road B East a CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7 :00 p.m. by Chair Mason Sherrill. B. ROLL CALL Carol Mason Sherrill, Chair Carole Lynne, Commissioner Frederica Musgrave, Commissioner Bill Schreiner, Commissioner Dale Trippler, Commissioner Ginny Yingling, Commissioner Staff Present Shann Finwall, Environmental Planner F. UNFINISHED BUSINESS a. Eureka Recycling Contract: Present Present Present at 7:03 p.m. Present Present Absent Environmental Planner, Shann Finwall introduced the item to the commission. Recycling Coordinator, Bill Priefer addressed the commission and gave a short update on the Eureka Recycling contract and report. Staff is recommending Option 1 from the staff report which amends the contract to change collection fee from a per ton basis to per household basis and extends the contract two years, through 2012. City Attorney, Alan Kantrud addressed and answered questions of the commission. President and Chief Operating Officer of Eureka Recycling, Timothy Brownel addressed the commission. Commissioners Trippler and Musgrave felt the city should go through the RFP process. 10 Packet Page Number 138 of 171 Commissioner Trippler asked what happens when the value of recycled paper has dropped. The price of other commodities has also dropped. The economy is a cycle, it goes up and it goes down. He said it's now down. He asked what happens when the price of paper triples and the price of aluminum goes up? How does the city benefit from the changes that Eureka proposes or does the city not benefit? Mr. Brownel said there is a revenue shared clause within the contract, which is the benefit mechanism for the city. As the revenues of these different materials go up then the city gets 60% of that material value which in turn lowers the cost for the service. He said Eureka is experiencing a very significant change in the composition of the materials. Eureka is seeing less newspaper in recycling and it continues to decline. Commissioner Trippler said he was listening to NBC national news and they had a story about San Francisco having a law that requires recycling food waste. Commissioner Trippler asked if Eureka Recycling was looking into that type of market. Mr. Brownel said Eureka is looking into the process of collection of compostable materials which include food and other household material that would be organic based and compostable. As an example there are certain paper products such as a frozen pizza box which can't be recycled in any system currently, but could be composted. Chair Mason Sherrill made a motion to approve the amendment to Eureka Recycling's contract to change collection fee from a per ton basis to per household basis and extends the contract two years, through 2012. Seconded by Commissioner Schreiner. The motion carried by a vote of 4 to 2 with Commissioners Musgrave and Trippler voting against. 11 Packet Page Number 139 of 171 THIS PAGE IS INTENTIONALLY LEFT BLAND Packet Page Number 140 of 171 AGENDA NO. M -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: November 9, 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: $ 1,072,742.17 Checks 4 79624 thru 4 79707 dated 10/19/09 thru 10/27/09 $ 311,933.87 Disbursements via debits to checking account dated 10 /16 /09 thru 10123109 $ 460,583.96 Checks 4 79708 thru 4 79769 dated 10/26/09 thru 11/03/09 $ 119,022.72 Disbursements via debits to checking account dated 10/23/09 thru 10 /30 /09 $ 1,964,282.72 Total Accounts Payable PAYROLL $ 485,529.04 Payroll Checks and Direct Deposits dated 10130109 $ 560.00 Payroll Deduction check 4 1008008 dated 10130109 $ 486,089.04 Total Payroll $ 2,450,371.76 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651- 249 -2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. kf attachments P:IAPPROVAL OF CLAIMS\2009\AprC1ms 10 -23 -09 and 10- 30- 09.xlt Packet Page Number 141 of 171 Check Register City of Maplewood 10/23/2009 Check Date Vendor Description Amount 79624 10/19/2009 01370 ROAD RESCUE EMERGENCY VEHICLES REFURBISH AMBULANCE- 63,853.47 79625 10/22/2009 02464 US BANK CARVER DANCE 10/23 250.00 79626 10/2212009 04054 STEVEN REED DJ FOR CARVER DANCE 10123 175.00 79627 10/23/2009 02464 US BANK FUNDS FOR ATMS 6,000.00 79628 10/22/2009 01050 MN NATURALIST ASSN REGISTRATION FEES 370.00 79629 10/22/2009 00935 MAPLEWOOD FIRE FIGHTERS RELIEF STATE FIRE AID PAYMENT 142,621.00 79630 10/2712009 01973 ERICKSON OIL PRODUCTS INC CAR WASHES - SEPT 96.00 79631 10/27/2009 00519 FLEXIBLE PIPE TOOL CO. REPAIR CAMERA TRANSPORTER -UNIT 177.69 79632 10/27/2009 02728 KIMLEY -HORN & ASSOCIATES INC PROD 08 -13 PROF SRVS THRU 9130 56,630.59 79633 10/27/2009 01337 RAMSEY COUNTY -PROP REC & REV 911 DISPATCH SRVS - SEPT 18,147.92 79634 10/2712009 01190 XCEL ENERGY ELECTRIC UTILITY 18,786.17 10/27/2009 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 5,035.02 10/27/2009 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 2,898.66 10/27/2009 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 2,696.82 10/2712009 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 270.71 10/27/2009 01190 XCEL ENERGY FIRE SIRENS 50.37 10/27/2009 01190 XCEL ENERGY METERED SPEED SIGN 11.57 79635 10/2712009 01798 YOCUM OIL CO. UL GAS 89 OCT 10,869.20 79636 10/2712009 01047 3M ROLL GOODS FOR SIGN FABRICATION 397.58 10/27/2009 01047 3M ROLL GOODS FOR SIGN FABRICATION 74.55 79637 10/27/2009 00115 MANDY ANZALDI REIMB FOR MILEAGE 711 - 9130 63.94 79638 10/27/2009 00116 APPEARANCE PLUS CAR WASH CAR WASHES JULY -SEPT 752.82 79639 10/2712009 03738 BETHEL & ASSOCIATES, PA RETAINER FOR LEGAL SRVS - NOV 6,375.00 79640 10/27/2009 00211 BRAUN INTERTEC CORP. PROD 09 -13 PROF SRVS THRU 10/02 1,838.00 79641 10/27/2009 01986 DANIEL BUSACK REIMB FOR MEALS 9/21 - 9/25 41.70 10/27/2009 01986 DANIEL BUSACK REIMB FOR MEALS 9/28 - 9130 30.15 79642 10/2712009 00272 NICHOLAS CARVER REIMB FOR MILEAGE 10/08 25.85 79643 10/27/2009 00309 COMMISSIONER OF TRANSPORTATION PROD 08 -20 ENGINEERING LAB TESTING 528.98 79644 10/27/2009 00451 EGAN COMPANIES INC REPAIR STATION 7 HEATING 269.69 79645 10/27/2009 04337 GARY CARLSON EQUIPMENT CHANGE SEWER BALL PLUG 1,581.75 79646 10/2712009 00543 GE CAPITAL RICOH COPIER - OCT 352.68 79647 10/27/2009 00561 GENERAL REPAIR SERVICE COVER PLATE ASSEMBLY STATION #8 132.39 79648 10/27/2009 04206 H.R. KANTRUD PROSECUTION & LEGAL SRVS - NOV 16,500.00 79649 10/27/2009 04349 HALVORSON CONCRETE, INC. PROD 06 -16 MISSISSIPPI ST 4,700.00 79650 10/2712009 01965 HEALTH PARTNERS TRANS MEDIC PMT 436.73 79651 10/27/2009 03597 MARY JO HOFMEISTER REIMB FOR MILEAGE 9116 -10/07 14.58 79652 10/27/2009 04306 INSTANT WHIP - MINNEAPOLIS, INC. MDSE FOR RESALE 236.48 79653 10/27/2009 04005 JOHN A DALSIN & SON, INC ROOF REPAIR 1,600.00 79654 10/2712009 03581 BRETT KROLL REIMB FOR ATHLETIC SHOES 10/16 79.98 79655 10/27/2009 00891 MAMA MAMA LUNCHEON 25.00 79656 10/27/2009 02336 M R TAYLOR INC FITNESS TESTING POLICE & FIRE 3RD 1,500.00 79657 10/27/2009 01043 M E H A MEMBERSHIP DUES 30.00 79658 10/2712009 00936 MAPLEWOOD HISTORICAL SOCIETY CHARITABLE GAMBLING AWARD 10,253.00 79659 10/27/2009 00985 METROPOLITAN COUNCIL WASTEWATER-NOVEMBER 213,483.08 79660 10/2712009 00986 METROPOLITAN COUNCIL MONTHLY SAC - SEPT 227,700.00 79661 10/27/2009 04316 CITY OF MINNEAPOLIS RECEIVABLES AUTO PAWN SYSTEM - AUGUST 722.00 79662 10/2712009 01089 MN UC FUND UNEMPLOYMENT - 3RD QTR 1,943.31 79663 10/27/2009 04351 MSCIC REGISTRATION FEE 50.00 79664 10/27/2009 01175 CITY OF NORTH ST PAUL MONTHLY UTILITIES 2,646.67 79665 10/27/2009 00001 ONE TIME VENDOR REIMB C BILLINGTON DRIVEWAY 4,297.00 79666 10/2712009 00001 ONE TIME VENDOR REIMB W SIEVERS DRIVEWAY PROD 08- 1,497.68 79667 10/27/2009 00001 ONE TIME VENDOR REIMB B SIEVERS IRRIGATION SYS 920.00 79668 10/27/2009 00001 ONE TIME VENDOR REFUND D MACNEILL RMB 1021519 817.90 Packet Page Number 142 of 171 79669 1012712009 00001 ONE TIME VENDOR REIMB J MALSOM IRRIGATION SYS 602.44 79670 1012712009 00001 ONE TIME VENDOR REIMB G JACKSON IRRIGATION SYS 598.95 79671 1012712009 00001 ONE TIME VENDOR REIMB D KORNMANN SPRINKLER SYS 422.00 79672 1012712009 00001 ONE TIME VENDOR REIMB C BULLINGTON IRRIGATION SYS 400.00 79673 1012712009 00001 ONE TIME VENDOR REIMB R KIEKHOEFER IRRIGATION SYS 385.98 79674 1012712009 00001 ONE TIME VENDOR REFUND R WHELEHAN AMB 072493 277.00 79675 1012712009 00001 ONE TIME VENDOR REFUND J ANDERSON BCBS BENEFIT 100.00 79676 1012712009 00001 ONE TIME VENDOR REFUND D FIEBIGER PER TRANS MEDIC 92.66 79677 1012712009 00001 ONE TIME VENDOR REFUND H PEACHER PER TRANS MEDIC 91.28 79678 1012712009 00001 ONE TIME VENDOR REFUND R KAMILA PER TRANS MEDIC 91.28 79679 1012712009 00001 ONE TIME VENDOR REIMB S KRAUSE IRRIGATION SYS 87.67 79680 1012712009 00001 ONE TIME VENDOR REFUND J SHIELDS PER TRANS MEDIC 87.16 79681 1012712009 00001 ONE TIME VENDOR REFUND R BASOWICH PER TRANS 85.79 79682 1012712009 00001 ONE TIME VENDOR REFUND K LENZMEIER PER TRANS 85.79 79683 1012712009 00001 ONE TIME VENDOR REFUND W LOE PER TRANS MEDIC 81.66 79684 1012712009 00001 ONE TIME VENDOR REFUND L PAGE CLASS CANCELLED 79.00 79685 1012712009 00001 ONE TIME VENDOR REFUND C HOP FROG CANCELLED 75.00 79686 1012712009 00001 ONE TIME VENDOR REFUND A EDGETT CLASS CANCELLED 49.00 79687 1012712009 00001 ONE TIME VENDOR REFUND LIGHT HOUSE ELECT PERMIT 45.00 79688 1012712009 00001 ONE TIME VENDOR REFUND D GIESEN AMB 972228 30.00 79689 1012712009 01301 WILLIAM PRIEFER REIMB FOR MILEAGE 1018 19.80 79690 1012712009 00396 DEPT OF PUBLIC SAFETY REGISTRATION FEE 120.00 79691 1012712009 01359 REGAL AUTO WASH DETAIL XX CAR WASHES - SEPT 225.00 79692 1012712009 02001 CITY OF ROSEVILLE MONTHLY JOINT POWERS SRVS - OCT 625.00 79693 1012712009 01409 S.E.H. LIONS PARK STORM PLAN 1,241.70 1012712009 01409 S.E.H. MISC SERVICES FOR 2009 842.92 1012712009 01409 S.E.H. WETLAND MITIGATION CO D & JOY 569.49 79694 1012712009 03879 SANSIO EMS RUNSHEETSISUBSCRIPTION -NOV 616.76 79695 1012712009 04043 SCHWAN FOOD CO MDSE FOR RESALE 50.45 1012712009 04043 SCHWAN FOOD CO MDSE FOR RESALE 40.56 79696 1012712009 01466 SKYHAWKS SPORTS ACADEMY, INC. YOUTH SPORTS AT CARVER GYM 935.00 79697 1012712009 01836 CITY OF ST PAUL RECORD MGMT SOFTWARE FEES - 7,596.00 1012712009 01836 CITY OF ST PAUL JOINT POWER AGREEMENT JULY -SEPT 2,700.00 1012712009 01836 CITY OF ST PAUL RADIO SHOP SRVS - SEPT 523.98 1012712009 01836 CITY OF ST PAUL PROJ 07 -19 INSPECTION BY SPRWS 468.01 1012712009 01836 CITY OF ST PAUL CRIME LAB SERVICES - SEPTEMBER 165.00 79698 1012712009 01574 T.A. SCHIFSKY & SONS, INC PROD 07 -26 DRIVEWAY 2163 BEAM 3,400.00 1012712009 01574 T.A. SCHIFSKY & SONS, INC FILL SAND FOR MISSISSIPPI TOT LOT 656.89 1012712009 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS 130.40 79699 1012712009 04096 TJ CONEVERA'S, INC. RIFLE AMMUNITION FOR PD 1,410.00 79700 1012712009 03088 JOSEPH TRAM REIMB MEALS 10116 -10/18 POLICE EXP 35.21 79701 1012712009 01669 TWIN CITIES TRANSPORT & FORFEITED VEHICLE TOWING - SEPT 641.24 79702 1012712009 04352 ULTIMATE DENT WORKS REPAIR SQUAD 957 CN09016420 175.00 79703 1012712009 02069 ULTIMATE DRAIN SERVICES INC PROD 09 -13 TELEVISING 610.00 1012712009 02069 ULTIMATE DRAIN SERVICES INC PROD 09 -04 TELEVISING 515.00 79704 1012712009 01698 UNITED WAY OF THE ST. PAUL 3RD QTR PLEDGE 78.00 79705 1012712009 03606 URBAN COMPANIES PROJ 05 -18 MARKHAM POND 213,246.71 79706 1012712009 01750 THE WATSON CO INC MDSE FOR RESALE 234.95 79707 1012712009 01754 WEBER & TROSETH INC. PD FIRE EXTINGUISHER REPAIR & 242.76 1.072.742.17 84 Checks in this report. Packet Page Number 143 of 171 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 10116/09 10/19/09 Mon MN State Treasurer Drivers License /Deputy Registrar(city clrk) 7,685.05 10116/09 10/19/09 ICMA (Vantagepointe) Deferred Compensation 3,444.65 10116/09 10/19/09 ING Deferred Compensation 25,175.90 10119/09 10/20/09 Tues MN State Treasurer Drivers License /Deputy Registrar(city clrk) 16,417.39 10119/09 10/20/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 3,481.75 10/19109 10/20/09 MN Dept of Natural Resources DNR electronic licenses 358.00 10/19109 10/20/09 US Treasurer Federal Payroll Tax (FICA) 115,124.14 10/19/09 10/20/09 PERA PERA 80,523.97 10/20/09 10/21/09 Wed MN State Treasurer Drivers License /Deputy Registrar(city clrk) 12,478.92 10120/09 10/21/09 WI Dept of Revenue State Payroll Tax 1,251.57 10120/09 10/21/09 MN State Treasurer State Payroll Tax 22,503.56 10121109 10/22/09 Thur MN State Treasurer Drivers License /Deputy Registrar(city clrk) 9,017.64 10/21109 10/22/09 ARC Administration DCRP & Flex plan payments 5,692.32 10/22109 10/23/09 Fri MN State Treasurer Drivers License /Deputy Registrar(city clrk) 8,779.01 TOTAL *Detailed listing of VISA purchases is attached. s1 - 1,yss.uI Packet Page Number 144 of 171 Check Register City of Maplewood 10130/2009 Check Date Vendor Description Amount 79708 1012612009 00001 ONE TIME VENDOR REPLACEMENT P1R CK J KERSKA 1,045.78 79709 1012712009 00001 ONE TIME VENDOR REPLACEMENT P1R CK A GIRNET 56.92 79710 11103/2009 03576 EUREKA RECYCLING RECYCLING - OCTOBER 21,659.27 79711 1110312009 03365 NICK FRANZEN REIMB FOR MILEAGE & INT 7129 -10126 255.00 79712 1110312009 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 09 -04 PROF SRVS THRU 9130 60,061.60 1110312009 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 09 -13 PROF SRVS THRU 9130 22,841.69 11103/2009 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 07 -30 PROF SRVS THRU 9130 666.49 79713 1110312009 01337 RAMSEY COUNTY -PROP REC & REV PLANT MATERIAL FOR RAIN GARDENS 1,421.44 1110312009 01337 RAMSEY COUNTY -PROP REC & REV PLANT MATERIAL FOR RAIN GARDENS 787.67 11103/2009 01337 RAMSEY COUNTY -PROP REC & REV PLANT MATERIAL FOR RAIN GARDENS 670.11 11103/2009 01337 RAMSEY COUNTY -PROP REC & REV PLANT MATERIAL FOR RAIN GARDENS 459.56 1110312009 01337 RAMSEY COUNTY -PROP REC & REV PLANT MATERIAL FOR RAIN GARDENS 455.29 1110312009 01337 RAMSEY COUNTY -PROP REC & REV PLANT MATERIAL FOR RAIN GARDENS 307.80 1110312009 01337 RAMSEY COUNTY -PROP REC & REV PLANT MATERIAL FOR RAIN GARDENS 277.88 11103/2009 01337 RAMSEY COUNTY -PROP REC & REV PLANT MATERIAL FOR RAIN GARDENS 27312 1110312009 01337 RAMSEY COUNTY -PROP REC & REV PLANT MATERIAL FOR RAIN GARDENS 261.84 1110312009 01337 RAMSEY COUNTY -PROP REC & REV PLANT MATERIAL FOR RAIN GARDENS 189.17 79714 1110312009 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 19,592.82 79715 11103/2009 04354 ALISCO MUSIC, LLC PERFORMANCE FOR WINE & JAZZ MCC 500.00 79716 1110312009 03190 ARENZ CONSTRUCTION INC ESCROW REL 0 CASTLE DEARBORN 7,16413 1110312009 03190 ARENZ CONSTRUCTION INC ESCROW RELEASE 1976 CASTLE 1,307.16 1110312009 03190 ARENZ CONSTRUCTION INC ESCROW RELEASE 1978 CASTLE 780.29 11103/2009 03190 ARENZ CONSTRUCTION INC ESCROW RELEASE 1978 CASTLE 51538 79717 1110312009 01936 CHAD BERGO REIMB FOR INTERNET 6317 79718 1110312009 00202 JOHN BOHL SECURITY OFFICER FOR OCT 24TH MCC 210.00 79719 11103/2009 00211 BRAUN INTERTEC CORP. PROJ 08 -20 PROF SRVS THRU 1012 2,513.62 11103/2009 00211 BRAUN INTERTEC CORP. PROJ 08 -20 PROF SRVS THRU 817 1,558.50 79720 1110312009 03347 CATCO PARTS & SERVICE REPLACEMENT OF BOXLIFT CYL 3,838.58 79721 1110312009 00392 DEPT OF COMMERCE TURNING UNCLAIMED FUNDS TO STATE 1,830.71 79722 1110312009 00103 EARL F ANDERSON INC BENCH - LEGACY PARK 844.31 79723 11103/2009 04356 FREEWAY TOWING TOW SUSPECT VEHICLE 13191 79724 1110312009 03087 SCOTT A JACOBSON REIMB FOR MILEAGE 10119 -10123 30.80 79725 1110312009 03978 KANE'S CATERING SERVICE, INC CATERING WINE & JAZZ EVENT 10123 1,920.00 79726 1110312009 00857 LEAGUE OF MINNESOTA CITIES MSCS ANNUAL FEE 1,250.00 79727 11103/2009 04353 LEE HOMES ESCROW RELEASE 355 TOENJES PLACE 3,726.59 79728 1110312009 04193 MIDAMERICA AUCTIONS FORFEITED VEHICLE STORAGE - 2,250.00 79729 1110312009 01090 MIRACLE RECREATION EQUIPMENT REPLACEMENT PARTS PLAYGROUND 67.84 79730 1110312009 04121 NODLAND CONSTRUCTION PROJ 07 -24 ST PAULS MONASTERY 81,355.16 79731 11103/2009 01213 JULIE OLSON REIMB FOR FOOD & LODGEING 10116 -18 82.04 79732 1110312009 00001 ONE TIME VENDOR REIMB D BARRETTE PROD 07 -26 1,000.00 79733 1110312009 00001 ONE TIME VENDOR REFUND UMR FOR TRANS MEDIC PMT 400.00 79734 11103/2009 00001 ONE TIME VENDOR REIMB L DANG IRRIGATION SYS REPAIR 320.00 79735 11103/2009 00001 ONE TIME VENDOR REIMB L FREY LAWN REPAIR PROD 07 -14 200.00 79736 1110312009 00001 ONE TIME VENDOR REIMB J BAIER PROD 07 -25 FENCE 19975 79737 1110312009 00001 ONE TIME VENDOR REFUND MOST HP BENEFIT 160.00 79738 1110312009 00001 ONE TIME VENDOR REFUND R STRAWN HP BENEFIT 120.00 79739 11103/2009 00001 ONE TIME VENDOR REFUND M PETERSON YOUTH 109.00 79740 1110312009 00001 ONE TIME VENDOR REFUND M SIMON CLASS CANCELLED 95.00 79741 1110312009 00001 ONE TIME VENDOR REFUND MCDONOUGH HP BENEFIT 80.00 79742 1110312009 00001 ONE TIME VENDOR REFUND A HOOK CLASS CANCELLED 70.00 79743 11103/2009 00001 ONE TIME VENDOR P FLEMING FORFEITURE PER MN 67.95 79744 1110312009 00001 ONE TIME VENDOR REFUND S HINES BCBS BENEFIT 60.00 79745 1110312009 00001 ONE TIME VENDOR REFUND E VOGT UCARE BENEFIT 40.00 79746 1110312009 00001 ONE TIME VENDOR REFUND F BYE UCARE BENEFIT 40.00 79747 11103/2009 00001 ONE TIME VENDOR REFUND GONTAREK UCARE BENEFITS 40.00 79748 1110312009 00001 ONE TIME VENDOR REFUND L THOMPSON HP BENEFIT 40.00 79749 1110312009 00001 ONE TIME VENDOR REFUND D KENNEDY HP BENEFIT 20.00 79750 11103/2009 00001 ONE TIME VENDOR REFUND D SMITH HP BENEFIT 20.00 Packet Page Number 145 of 171 79751 1110312009 04272 PARAGON SOLUTIONS GROUP, INC. 79752 1110312009 01284 POSTMASTER 79753 11103/2009 01345 RAMSEY COUNTY 79754 1110312009 01387 DR. JAMES ROSSINI 79755 1110312009 01409 S.E.H. 1110312009 01409 S.E.H. 11103/2009 01409 S.E.H. 1110312009 01409 S.E.H. 1110312009 01409 S.E.H. 79756 1110312009 01418 SAM'S CLUB DIRECT 11103/2009 01418 SAM'S CLUB DIRECT 1110312009 01418 SAM'S CLUB DIRECT 1110312009 01418 SAM'S CLUB DIRECT 11103/2009 01418 SAM'S CLUB DIRECT 11103/2009 01418 SAM'S CLUB DIRECT 1110312009 01418 SAM'S CLUB DIRECT 1110312009 01418 SAM'S CLUB DIRECT 1110312009 01418 SAM'S CLUB DIRECT 11103/2009 01418 SAM'S CLUB DIRECT 79757 1110312009 01463 SISTER ROSALIND GEFRE 1110312009 01463 SISTER ROSALIND GEFRE 79758 1110312009 02274 SPRINT 79759 11103/2009 00198 ST PAUL REGIONAL WATER SRVS 1110312009 00198 ST PAUL REGIONAL WATER SRVS 79760 1110312009 01836 CITY OF ST PAUL 79761 1110312009 02981 STORK TWIN CITY TESTING CORP 79762 11103/2009 02981 STORK TWIN CITY TESTING CORP 79763 1110312009 01574 T.A. SCHIFSKY & SONS, INC 79764 1110312009 04055 JAMES TAYLOR 79765 11103/2009 03776 TRAILSOURCE LLC 79766 11103/2009 04352 ULTIMATE DENT WORKS 79767 1110312009 02069 ULTIMATE DRAIN SERVICES INC 1110312009 02069 ULTIMATE DRAIN SERVICES INC 79768 1110312009 04355 KEVIN P. YARITZ 79769 11103/2009 04199 YOUTH SERVICE BUREAU, INC. 62 Checks in this report. CAMERA & MILESTONE LICENSE MAILING DEC CITY NEWS PERMIT 4903 CASH FORFEITURE PER MN STATUTE ADMIN FEE FOR STRESS TEST - OCT PROJ 04 -21 ENGINEERING FEES ENERGY EFFICIENCY CONSULTING PROJ 06 -05 ENGINEERING FEES ENGINEERING FEES PROJ 08 -12 ENGINEERING FEES MDSE FOR RESALE CARVER GYM CONCESSIONS MDSE FOR RESALE MDSE FOR RESALE B -DRY SUPPLIES/CHILDCARE CUPS B -DAY PROD SUPPLIES FOOD FOR CITY COUNCIL SUPPLIES FOR COUNCIL B -DAY SUPPLIESICHILCARE SNACKS B -DAY PROG SUPPLIES MCC MASSAGES - SEPT MCC MASSAGES - MAY 15 -18 MONTHLY SRVS 9/15-10/14 WATER UTILITY WATER UTILITY TRAFFIC SIGNAL REPAIR PROJ 08 -12 ENGINEERING TESTING PROJ 08 -10 TESTING PROD 08 -12 CASTLE AVE PARTPMT#4 REIMB FOR MILEAGE 8113 - 10128 TRAIL WORK AT APPLEWOOD REPAIR HAIL DAMAGED POLICE PROJ 09 -04 TELEVISING PROJ 09 -04 TELEVISING SOFTBALL CLINIC INSTRUCTOR JUVENILE DIVERSION PROG 3RD QTR 1,630.57 4,500.00 135.89 100.00 5,997.39 4,433.10 4,029.05 1,363.77 1,034.09 138.11 132.60 115.64 101.35 55.54 49.92 48.47 44.49 42.06 33.28 1,433.00 142.00 5,986.99 5,144.50 54.06 201.16 1,450.00 112.50 138,695.97 104.23 520.00 29,105.89 495.00 420.00 176.00 6,250.00 Packet Page Number 146 of 171 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 10/23109 10/26/09 Mon MN State Treasurer Drivers License /Deputy Registrar(city clrk) 10,609.89 10123/09 10/26/09 MN Dept of Natural Resources DNR electronic licenses 381.50 10126/09 10/27/09 Tues MN State Treasurer Drivers License /Deputy Registrar(city clrk) 12,462.93 10/26/09 10/27/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 6,936.25 10127/09 10/28/09 Wed MN State Treasurer Drivers License /Deputy Registrar(city clrk) 13,545.17 10/28109 10/29/09 Thur MN State Treasurer Drivers License /Deputy Registrar(city clrk) 16,904.85 10/28109 10/29/09 US Bank VISA One Card Purchasing Card Items 44,604.75 10/29/09 10/30/09 Fri MN State Treasurer Drivers License /Deputy Registrar(city clrk) 13,577.38 TOTAL *Detailed listing of VISA purchases is attached. 119,022.72 Packet Page Number 147 of 171 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 10130, BRUNSBERG, STEVEN 50.00 10%30;09 HJELLE, ERIK 416.42 10 ,130,109 JUENEMANN, KATHLEEN 416.42 10%30/09 NEPHEW, JOHN 416.42 10,130,109 PERKINS, MATTHEW 160.00 10130%09 ROSSBACH, WILLIAM 416.42 10,130,109 STRAUTMANIS, MARIS 150.00 10%30109 AHL, R. CHARLES 4,821.44 10,130, ANTONEN, JAMES 5,300.00 10%30,'09 BURLINGAME, SARAH 1,772.42 10,130,109 CHRISTENSON, SCOTT 1,861.35 10%30109 FARR, LARRY 2,668.94 10,130,109 JAHN, DAVID 1,788.37 10130;09 RAMEAUX, THERESE 2,942.50 10,130,109 FORMANEK, KAREN 1,672.96 10;30109 MITTET. ROBERT 3.572.04 10,130 ,109 ANDERSON, CAROLS 1,888.55 10/30109 DEBILZAN, JUDY 1,153.93 10 ,130,109 JACKSON, MARY 2,042.95 10%30/09 KELSEY, CONNIE 2,494.26 10,130,109 LAYMAN, COLLEEN 2,74310 10130%09 CAREY, HEIDI 2,423.75 10,130,109 GUILFOILE, KAREN 3,918.10 10%30109 KROLL, LISA 1,787.07 10,130, NEPHEW, MICHELLE 1,301.83 10/30109 SCHMIDT, DEBORAH 2,395.37 10,130,109 SPANGLER, EDNA 108.41 10%30109 THOMFORDE, FAITH 945.00 10,130,109 CORTESI, LUANNE 1,012.74 10130;09 JAGOE, CAROL 1,833.17 10,130,109 KELLY, LISA 1,304.38 10;30109 LARSON, MICHELLE 1,070.40 10,130 ,109 MECHELKE, SHERRIE 1,141.01 10/30109 MOY, PAMELA 1,146.36 10 ,130,109 OSTER, ANDREA 1,833.17 10%30/09 WEAVER, KRISTINE 2,118.95 10,130,109 ARNOLD, AJLA 1,292.00 10130%09 CORCORAN, THERESA 1,828.55 10,130,109 KVAM, DAVID 4,686.18 10%30109 PALANK, MARY 1,833.17 10,130, POWELL, PHILIP 2,81815 10/30109 SVENDSEN, JOANNE 2,022.59 10,130,109 THOMALLA, DAVID 4,839.74 10%30109 YOUNG, TAMELA 1,828.55 10,130,109 ABEL, CLINT 2,936.47 10130;09 ALDRIDGE, MARK 3,163.97 10,130,109 BAKKE, LONN 3,215.27 10;30109 BARTZ, PAUL 4,054.15 Packet Page Number 148 of 171 10130%09 BELDE, STANLEY 2,804.87 10/30/09 BENJAMIN, MARKESE 2,367.56 10%30109 BIERDEMAN, BRIAN 3,160.92 10/30109 BOHL, JOHN 3,228.00 10%30,'09 BUSACK, DANIEL 3,471.77 10130/09 COFFEY, KEVIN 2,939.52 10%30109 GROTTY, KERRY 3,405.59 10/30/09 DEMULLING, JOSEPH 2,347.07 10130;09 DOBLAR, RICHARD 3,473.16 10/30/09 DUGAS, MICHAEL 3,344.05 10;30109 FRITZE. DEREK 2.548.19 10/30/09 GABRIEL, ANTHONY 3,333.12 10/30109 HAWKINSON JR, TLMOTHY 2.398.72 10/30/09 HER PHENG 2,093.98 10%30/09 HILBERT, STEVEN 3,805 22 10/30109 JOHNSON, KEVIN 4,307.66 10130%09 KALKA, THOMAS 1,668.68 10/30/09 KARIS, FLINT 3,835.83 10%30109 KONG, TOMMY 3,708.04 10/30/09 KREKELER, NICHOLAS 1,472.68 10/30109 KROLL, BRETT 2,862.16 10/30/09 LANGNER, TODD 2,693.52 10%30109 LARSON, DANIEL 2,749.10 10/30/09 LU, JOHNNIE 2,975.23 10130;09 MARINO, JASON 3,000.35 10/30/09 MARTIN, DANIEL 2,093.98 10;30109 MARTIN, JERROLD 2.900.96 10/30/09 MCCARTY, GLEN 1820.07 10/30109 METRY, ALESIA 2.693.52 10/30/09 NYE, MICHAEL 3,592.33 10%30/09 OLSON, JULIE 2,876.77 10/30109 RHUDE, MATTHEW 2,939.52 10130%09 SHORTREED, MICHAEL 3,881.66 10/30/09 STEINER, JOSEPH 3,668.01 10%30109 SYPNIEWSKI, WILLIAM 2,681.98 10/30/09 SZCZEPANSKI, THOMAS 2,98637 10/30109 TAUZELL, BRIAN 1,840.88 10/30/09 IRAN, JOSEPH 2,936.32 10%30109 WENZEL, JAY 2,950.10 10/30/09 XIONG, KAO 2,670.44 10130;09 BERGERON, JOSEPH 3,596.49 10/30/09 ERICKSON, VIRGINIA 3,007.62 10;30109 FLOR, TIMOTHY 1,588.29 10/30/09 FRASER, JOHN 3,170.32 10/30109 LANGNER, SCOTT 2.896.00 10/30/09 REZNY, BRADLEY 2,208.98 10%30/09 THEISEN, PAUL 2,926.40 10/30109 THIENES, PAUL 4,106.50 10130%09 BADMAN, ANDREW 2,266.51 10/30/09 DAWSON, RICHARD 2,673.88 10%30109 DOLLERSCHELL, ROBERT 293.39 10/30/09 EVERSON, PAUL 3,360.29 10/30109 FOSSUM, ANDREW 2,320.66 10/30/09 HALWEG, JODI 2,528.80 10%30109 JUNGMANN, BERNARD 3,306.79 10/30/09 NOVAK, JEROME 456.75 10130;09 OLSON, JAMES 2,678.91 Packet Page Number 149 of 171 10/30/09 PERBIX, CHARLES 2,337.68 10130;09 PETERSON. ROBERT 2.832.46 10/30/09 PLACE, ANDREA 2,195.33 10;30109 SEDLACEK, JEFFREY 2,584.05 10/30/09 STREFE, MICHAEL 2309.21 10/30109 SVENDSEN, RONALD 2.747.90 10/30/09 GERVAIS -JR, CLARENCE 3,472.14 10%30/09 LUKIN, STEVEN 4,38 7.97 10/30/09 ZWIEG, SUSAN 2,17015 10130%09 KNUTSON, LOIS 1,902.95 10/30/09 NIVEN, AMY 1,371.42 10%30109 PRIEFER, WILLIAM 2,853.71 10/30/09 BRINK, TROY 2,069.55 10/30109 BUCKLEY. BRENT 1.798.55 10/30/09 DEBILZAN, THOMAS 2,074.56 10%30109 EDGE, DOUGLAS 2,066.86 10/30/09 HAMRE, MILES 1,120.00 10130;09 JONES, DONALD 2,074.55 10/30/09 MEISSNER, BRENT 1,705.35 10;30109 MEYER, GERALD 2,147.39 10/30/09 NAGEL, BRYAN 3 "9.26 10/30109 OSWALD, ERICK 2.801.43 10/30/09 RUNNING, ROBERT 2,466.74 10%30/09 TEVLIN, TODD 2,22 7.03 10/30/09 BURLINGAME, NATHAN 1,84695 10130%09 DUCHARME, TORN 2,617.90 10/30/09 EATON, MEGAN 299.00 10%30109 ENGSTROM, ANDREW 2,319.24 10/30/09 JACOBSON, SCOTT 2,27736 10/30109 JAROSCH, JONATHAN 2,555.75 10/30/09 KREGER, JASON 2,070.33 10%30109 KUMMER, STEVEN 2,890.95 10/30/09 LINDBLOM, RANDAL 3,529.63 10130;09 LOVE, STEVEN 2,807.75 10/30/09 THOMPSON, MICHAEL 3,654.46 10;30109 ZIEMAN, SCOTT 145 ?0 10/30/09 EDSON, DAVID 1107.76 10/30109 GUNDERSON, ANDREW 66.00 10/30/09 HINNENKAMP, GARY 2,076.58 10%30/09 MARUSKA, MARK 3,090.00 10/30/09 NAUGHTON, JOHN 2,064.55 10130%09 NORDQUIST, RICHARD 2,066.86 10/30/09 SCHINDELDECKER, JAMES 2,669.17 10%30109 BIESANZ, OAKLEY 1,313.09 10/30/09 DEAVER, CHARLES 51534 10/30109 GERNES, CAROLE 411.76 10/30/09 HAYMAN, JANET 1,544.23 10%30109 HUTCHINSON, ANN 2,051.76 10/30/09 SOUTTER. CHRISTINE 259.25 10130;09 WACHAL. KAREN 830.32 10/30/09 FINWALL, SHANK 2,989.35 10;30109 FRY, PATRICIA 1.922.06 10/30/09 GAYNOR, VIRGINIA 1969.70 10/30109 HALL KATHLEEN 54.00 10/30/09 KONEWKO, DUWAYNE 4,162.50 10%30/09 S1NDT, ANDREA 2,031.67 10/30/09 THOMPSON, DEBRA 731.42 Packet Page Number 150 of 171 10/30/09 EKSTRAND, THOMAS 3,707.78 10130;09 MARTIN, MICHAEL 2,458.95 10/30/09 BRASH, JASON 1,941.36 10;30109 CARVER, NICHOLAS 3.118.02 10/30/09 FISHER, DAVID 3,687.08 10/30109 RICE. MICHAEL 2.418.99 10/30/09 SWAN, DAVID 2,610.15 10%30/09 WELLENS, MOLLY 1,626.81 10/30/09 BERGER, STEPHANIE 173.44 10130%09 BJORK, BRANDON 225.50 10/30/09 FRANK, PETER 250.00 10%30109 JANASZAK, MEGHAN 854.01 10/30/09 KOHLMAN, JENNIFER 233.56 10/30109 MILTON. SCOTT 23.00 10/30/09 ROBBINS, AUDRA 2,513.20 10%30109 ROBBINS, CAMDEN 61.63 10/30/09 SCHALLER, SCOTT 157.50 10130;09 SHERRILL. CAITLIN 505.13 10/30/09 STAPLES, PAULINE 3,309.18 10;30109 TAUBMAN, DOUGLAS 3,208.66 10/30/09 TAYLOR, JAMES 1170.42 10/30109 ADAMS. DAVID 1.626.16 10/30/09 GERMAIN, DAVID 2,073.79 10%30/09 HAAG, MARK 2,180.55 10/30/09 SCHULTZ, SCOTT 2,695.30 10130%09 ANZALDI, MANDY 1,906.08 10/30/09 BERGLUND, DANIEL 391.75 10%30109 BRENEMAN, NEIL 1,882.84 10/30/09 COLLINS, ASHLEY 137.50 10/30109 CRAWFORD - JR, RAYMOND 702.40 10/30/09 DICKS, JOHN 394.80 10%30109 EVANS, CHRISTINE 1,164.67 10/30/09 FABIO- SHANLEY, MICHAEL 112.20 10130;09 GLASS, JEAN 2,041.87 10/30/09 HANSEN, LORI 2,692.83 10;30109 HER, CHONG 270.00 10/30/09 HER, PETER 48895 10/30109 HOFMEISTER, MARY 926.32 10/30/09 HOFMEISTER, TIMOTHY 402.75 10%30/09 OLSON, SANDRA 80.50 10/30/09 PELOQUIN, PENNYE 513.88 10130%09 PENN, CHRISTINE 2.560.00 10/30/09 SCHOENECKER, LEIGH 738.75 10%30109 YANG, KAY 330.00 10/30/09 VUE, LORPAO 148.50 10/30109 AICHELE, MEGAN 90.25 10/30/09 AMUNDSON, DANIKA 82.94 10%30109 BAUDE, SARAH 71.00 10/30/09 BEITLER, JULIE 18.00 10130;09 BIGGS, ANNETTE 54.83 10/30/09 BRUSOE, AMY 121.60 10;30109 BRUSOE, CRISTINA 166.23 10/30/09 BUTLER, ANGELA 17.00 10/30109 CAMPBELL, JESSICA 90.00 10/30/09 CLARK, PAMELA 206.25 10%30/09 COLEMAN, DAYSHIA 29.06 10/30/09 DEMPSEY, BETH 147.00 Packet Page Number 151 of 171 10/30/09 DUNN, RYAN 1,058.60 10130;09 ERICKSON- CLARK, CAROL 73.50 10/30/09 GRUENHAGEN, LINDA 302.30 10;30109 HALL, HOLLY 298.00 10/30/09 HANSEN, HANNAH 70.69 10/30109 HEINRICH, SHEILA 40.00 10/30/09 HOLMBERG, LADONNA 416.00 10%30/09 HORWATH, RONALD 2,51320 10/30/09 JOYER, JENNA 4590 10130%09 KOGLER, RYAN 331.20 10/30/09 KOHLER, ROCHELLE 34.00 10%30109 KRONHOLXE KATHRYN 737.53 10/30/09 LAMEYER, ZACHARY 10519 10/30109 MATESKI, WAYNE 75.00 10/30/09 MATHEWS, LEAH 415.38 10%30109 MCCANN, NATALIE 72.00 10/30/09 MCCARTHY, ERICA 154.00 10130;09 NADEAU. KELLY 192.51 10/30/09 PEHOSKL JOEL 50.00 10;30109 PROESCH, ANDY 721.64 10/30/09 RENFORD, NATHAN 2 ?251 10/30109 RHODY, DIANE 462.50 10/30/09 RICHTER, DANIEL 108.00 10%30/09 RICHTER, NANCY 1,23523 10/30/09 ROLLOFF- FELLNER, TAYLOR 31.40 10130%09 RONNING.ISAIAH 297.68 10/30/09 SCHAEFER, NATALIE 94.09 10%30109 SCHREIER, ROSEMARIE 88.75 10/30/09 SCHREINER, MICHELLE 58.50 10/30109 SCHUNEMAN, GREGORY 272.63 10/30/09 SJERVEN, BRENDA 34.00 10%30109 SKAAR, SAMANTHA 78.38 10/30/09 SKUNES, KELLY 140.63 10130;09 SMITH. ANN 157.60 10/30/09 SMITLEY, SHARON 226.35 10;30109 TUPY, ELIANA 136.00 10/30/09 TUPY, HEIDE 133.20 10/30109 TUPY, MARCUS 253.55 10/30/09 WARNER, CAROLYN 103.60 10%30/09 WEDES, CARYL 98.00 10/30/09 WEEVER, NAOMI 54.38 10130%09 WOLFGRAM, TERESA 36.34 10/30/09 WOODMAN, ALICE 184.00 10%30109 YOUNCE, BLAISE 79.75 10/30/09 ZALK, DAVID 21.75 10/30109 BOSLEY, CAROL 375.15 10/30/09 HOLMGREN, STEPHANIE 51.00 10%30109 LANGER, CHELSEA 116.88 10/30/09 LANGER, KAYLYN 44.63 10130;09 SATTLER,MELINDA 139.75 10/30/09 SAVAGE, KAREN 185.25 10;30109 ZAGER, LINNEA 394.50 10/30/09 BEH_AN, JAMES 1,895.39 10/30109 BOWMAN, MATTHEW 308.70 10/30/09 COLEMAN, PATRICK 148.63 10%30/09 CURRAN, JAMES 360.00 10/30/09 DOUGLASS, TOM 1,301.56 Packet Page Number 152 of 171 Packet Page Number 153 of 171 10/30/09 LO ETTI, JAMES 480.00 10130;09 MALONEY, SHAUNA 181.25 10/30/09 PRINS, KELLY 1,326.43 10;30109 REILLY, MICHAEL 1,861.35 10/30/09 SCHOEINECKER. KYLE 211.00 10/30109 VALERIO. TARA 323.00 10/30/09 AICHELE, CRAIG 2,177.03 10%30/09 PRIEM, STEVEN 2,322.15 10/30/09 WOEHRLE, MATTHEW 2,62917 10130%09 BERGO, CHAD 2,574.18 10/30/09 FOWLDS, MYCHAL 3,685.88 10%30109 FRANZEN, NICHOLAS 2,242.10 1007966 10/30/09 LONGRIE, DIANA 47315 1007967 10/30109 CARLE, JEANETTE 204.00 1007968 10/30/09 MAITRE, GERALDINE 111.00 1007969 10%30109 MANTHEY, JOHN 105.00 1007970 10/30/09 WELCHLIN, CABOT 2,855.76 1007971 10130;09 DELPERDANG, CHRISTOPHER 35.00 1007972 10/30/09 CHAMBERLAIN, JAMIE 32.00 1007973 10;30109 FEIST, ASHLEY 130.00 1007974 10/30/09 GEBHARD, MADELINE 570.00 1007975 10/30109 GEISER, EMILY 16.00 1007976 10/30/09 KRINGS,JENA 64.00 1007977 10%30/09 LIZAKOWSKI. GENEVIEVE 78.00 1007978 10/30/09 MALLET, AMANDA 56.25 1007979 10130%09 MASON. KYLE 90.00 1007980 10/30/09 MASON, LAURA 32.00 1447981 10%30109 MERRITT, JACOB 60.00 1007982 10/30/09 MILTON, TIMOTHY 16.00 1007983 10/30109 OBRIEN. MARY 45.00 1007984 10/30/09 PETERSON, HAYLIE 156.00 1007985 10%30109 ROKKE, MARINA 156.00 1007986 10/30/09 ST. MARTIN, MICHELLE 156.00 1007987 10130;09 STARK, SUE 189.00 1007988 10/30/09 ANDERSON, MAXWELL 378.82 1007989 10;30109 BUESING, DYLAN 14.70 1007990 10/30/09 CRANDALL, KRISTA 11.63 1007991 10/30109 FLUEGEL, LARISSA 39.88 1007992 10/30/09 GIPPLE, TRISHA 25.38 1007993 10%30/09 LAiMSON, KEVIN 12.86 1007994 10/30/09 MCCORMACK, :MELISSA 101.06 1007995 10130%09 MCLAURIN, CHRISTOPHER 318.69 1007996 10/30/09 NWANOKWALE, EMMA 89.13 1447997 10%30109 PIEPER, THEODORE 56.25 1007998 10/30/09 ROSTRON, ROBERT 34238 1007999 10/30109 SCHENKELBERG, LAURA 185.00 1008000 10/30/09 TATEOSIAN, SAMANTHA 47.78 1008001 10%30109 VIMR, CAYLA 101.50 1008002 10/30/09 WALKER, TYLER 155.88 1008003 10130;09 DANIEL, BREANNA 201.75 1008004 10/30/09 HER, KIM 62.23 1008005 10;30109 JOHNSON, JUSTIN 29.00 1008006 10/30/09 SCHULZE, KEVIN 480.00 1008007 10/30109 STEFFEN, MICHAEL 174.00 485,529.04 Packet Page Number 153 of 171 Trans Date Posting Date Merchant Name Trans Amount Name 10/1212009 10/14/2009 THE HOME DEPOT 2801 $542.57 DAVE ADAMS 10/12/2009 10114/2009 NORTHERN TOOL EQUIP -MN $152.07 DAVE ADAMS 10/13/2009 10/14/2009 U OF M CCE $225.00 R CHARLES AHL 10/10/2009 10/12/2009 PARTY CITY #768 $44.93 MANDY ANZALDI 10/1212009 10/13/2009 PRICE CHOPPER INC $93.02 MANDY ANZALDI 10/16/2009 10119/2009 DAIRY QUEEN #11235 $31.06 MANDY ANZALDI 10/20/2009 10/21/2009 TARGET 00011858 $14.49 MANDY ANZALDI 10/20/2009 10/21/2009 CUB FOODS, INC. $14.85 MANDY ANZALDI 10/2112009 10/23/2009 JOANN ETC #1970 $5.68 MANDY ANZALDI 10/22/2009 10123/2009 PARTY AMERICA 1006 $62.75 MANDY ANZALDI 10/08/2009 10/12/2009 STATE SUPPLY COMPANY $82.48 JIM BEHAN 10/12/2009 10/13/2009 HENRIKSEN ACE HARDWARE $38.20 JIM BEHAN 10/1412009 10/16/2009 ADAM'S PEST CONTROL INC $150.46 JIM BEHAN 10/16/2009 10116/2009 CONTINENTAL RESEARCH $235.78 JIM BEHAN 10/17/2009 10/19/2009 CONTINENTAL RESEARCH $190.50 JIM BEHAN 10/13/2009 10/14/2009 (STOCK *INTERNATIONAL $70.00 CHAD BERGO 10/0912009 10/12/2009 KNOWLAN'S MARKET #2 $22.48 OAKLEY BIESANZ 10/12/2009 10113/2009 RAINBOW FOODS 00088112 $10.52 OAKLEY BIESANZ 10/10/2009 10/12/2009 RAINBOW FOODS 00088526 $108.84 RON BOURQUIN 10/10/2009 10/12/2009 KNOWLAN'S MARKET #2 $3.69 RON BOURQUIN 10/1112009 10/12/2009 AUTOZONE #3082 $15.07 RON BOURQUIN 10/14/2009 10116/2009 MCDONALD'S F7063 $8.60 RON BOURQUIN 10/17/2009 10/19/2009 INN LAKE SUPERIOR $310.64 RON BOURQUIN 10/17/2009 10/19/2009 HOLIDAY STNSTORE 0111 $40.00 RON BOURQUIN 10/0912009 10/12/2009 INSTAWARES /SUITESUPPLY $339.73 NEIL BRENEMAN 10/12/2009 10113/2009 CUB FOODS, INC. $10.47 NEIL BRENEMAN 10/14/2009 10/16/2009 VITAMIN WORLD #9109 $244.16 NEIL BRENEMAN 10/16/2009 10/19/2009 SPORTS AUTHOR100007013 $25.68 NEIL BRENEMAN 10/1612009 10/19/2009 SPRINT AQUATICS $189.68 NEIL BRENEMAN 10/19/2009 10120/2009 MKBUTTERFLY $46.97 NEIL BRENEMAN 10/19/2009 10/20/2009 ARAMARK MINNEAPOLIS OCS $639.94 NEIL BRENEMAN 10/21/2009 10/22/2009 NAPA AUTO PARTS 3279016 $6.42 BRENT BUCKLEY 10/1212009 10/14/2009 THE OLIVE GARD00012005 $127.48 SARAH BURLINGAME 10/12/2009 10114/2009 THE OLIVE GARD00012005 $4.55 SARAH BURLINGAME 10/12/2009 10/14/2009 DALY'S PEN SHOP $21.99 SARAH BURLINGAME 10/21/2009 10/22/2009 ST PAUL STAMP WORKS INC $57.55 SARAH BURLINGAME 10/2012009 10/22/2009 BROWNELLS INC $391.30 DAN BUSACK 10/13/2009 10114/2009 PRICE CHOPPER INC $931.24 HEIDI CAREY 10/14/2009 10/16/2009 TIGER OAKS PUBLICATION $150.00 HEIDI CAREY 10/15/2009 10/19/2009 VIKING ELEC- CREDIT DEPT. $313.87 SCOTT CHRISTENSON 10/1512009 10/19/2009 VIKING ELEC - CREDIT DEPT. $208.90 SCOTT CHRISTENSON 10/15/2009 10119/2009 WW GRAINGER $107.45 SCOTT CHRISTENSON 10/15/2009 10/19/2009 WW GRAINGER $34.06 SCOTT CHRISTENSON 10/16/2009 10/19/2009 RYAN PLUMBING & HEATING $240.00 SCOTT CHRISTENSON 10/1612009 10/19/2009 VIKING ELEC - CREDIT DEPT. $321.89 SCOTT CHRISTENSON 10/19/2009 10121/2009 VIKING ELEC- CREDIT DEPT. $408.17 SCOTT CHRISTENSON 10/21/2009 10/23/2009 VIKING ELEC - CREDIT DEPT. $7.23 SCOTT CHRISTENSON 10/21/2009 10/22/2009 MENARDS 3022 $8.68 CHARLES DEAVER 10/2112009 10/23/2009 RYCO SUPPLY CO ($31.75) CHARLES DEAVER 10/13/2009 10114/2009 NORTHWEST LASERS INC $297.54 DOUG EDGE 10/13/2009 10/15/2009 BROCK WHITE -180 $68.68 DOUG EDGE 10/09/2009 10/13/2009 HYDROLOGIC $20.79 DAVE EDSON 10/1612009 10/19/2009 THE HOME DEPOT 2801 $16.98 DAVE EDSON 10/20/2009 10122/2009 NORTH ST PAUL WELDING COM $60.00 DAVE EDSON 10/19/2009 10/21/2009 CENTURY COLLEGE -BO $130.00 PAUL E EVERSON 10/09/2009 10/12/2009 SHERWIN WILLIAMS #3127 $50.32 LARRY FARR 10/0912009 10/12/2009 THE HOME DEPOT 2801 $136.26 LARRY FARR Packet Page Number 154 of 171 10/10/2009 10/12/2009 TARGET 00011858 10/1212009 10/13/2009 OVERHEAD DOOR COMP 10/17/2009 10119/2009 THE TRANE COMPANY 10/20/2009 10/21/2009 MARSDEN BLDG 10/21/2009 10/23/2009 THE HOME DEPOT 2801 10/1612009 10/19/2009 KEEFE CO PARKING 10/08/2009 10112/2009 IDEACOM MID AMERICA 10/13/2009 10/13/2009 PAYPAL INC 10/13/2009 10/19/2009 MAPLEWOOD PARKS AND RECRE 10/1312009 10/19/2009 MAPLEWOOD PARKS AND RECRE 10/13/2009 10119/2009 MAPLEWOOD PARKS AND RECRE 10/13/2009 10/19/2009 MAPLEWOOD PARKS AND RECRE 10/19/2009 10/21/2009 MCLEOD USA TELECOM 10/2112009 10/23/2009 TEMPERATURE MONITORING 10/22/2009 10122/2009 COMCAST CABLE COMM 10/10/2009 10/12/2009 I NSIGHT*PUBLICSECTOR 10/22/2009 10/23/2009 TEAM TECHNOLOGY 10/1312009 10/15/2009 THE HOME DEPOT 2801 10/14/2009 10116/2009 THE HOME DEPOT 2801 10/16/2009 10/19/2009 THE HOME DEPOT 2801 10/19/2009 10/21/2009 YOCUM OIL CO 10/2112009 10/23/2009 OLSEN CHAIN & CABLE INC 10/15/2009 10119/2009 OLD CHICAGO 41 10/17/2009 10/19/2009 INN LAKE SUPERIOR 10/15/2009 10/19/2009 OFFICE DEPOT #1105 10/1512009 10/19/2009 OFFICE DEPOT #1090 10/09/2009 10112/2009 RAINBOW FOODS 00088526 10/14/2009 10/15/2009 VZWRLSS*APOCC VISN 10/12/2009 10/14/2009 SHRED -IT 10/1012009 10/12/2009 MILLS FLEET FARM #2700 10/17/2009 10119/2009 INN LAKE SUPERIOR 10/09/2009 10/12/2009 THE HOME DEPOT 2801 10/14/2009 10/15/2009 HENRIKSEN ACE HARDWARE 10/1912009 10/21/2009 ORIENTAL TRADING CO 10/22/2009 10123/2009 DALCO ENTERPRISES, INC 10/10/2009 10/12/2009 BOUND TREE MEDICAL LLC 10/10/2009 10/12/2009 BOUND TREE MEDICAL LLC 10/1212009 10/14/2009 ANCOM TECHNICAL CENTER IN 10/13/2009 10115/2009 PRIMARY PRODUCTS COMPANY 10/17/2009 10/19/2009 INN LAKE SUPERIOR 10/22/2009 10/23/2009 CENTURY BOOKSTORE 10/1612009 10/19/2009 BATTERIES PLUS #31 10/16/2009 10119/2009 THE HOME DEPOT 2801 10/16/2009 10/16/2009 APA ON -LINE MEMBERSHIPS 10/20/2009 10/21/2009 THE UPS STORE #2171 10/2012009 10/22/2009 MILLS FLEET FARM #2700 10/09/2009 10112/2009 ARVEY PAPER & OFFICE PRO 10/15/2009 10/19/2009 OFFICE DEPOT #1090 10/20/2009 10/21/2009 REED BUS INFO ACCT REC 10/1412009 10/15/2009 COMCAST CABLE COMM 10/15/2009 10119/2009 UNIFORMS UNLIMITED INC 10/16/2009 10/19/2009 UNIFORMS UNLIMITED INC 10/17/2009 10/19/2009 UNIFORMS UNLIMITED INC 10/1712009 10/21/2009 UNIFORMS UNLIMITED INC 10/20/2009 10122/2009 UNIFORMS UNLIMITED INC 10/21/2009 10/23/2009 UNIFORMS UNLIMITED INC 10/08/2009 10/12/2009 WW GRAINGER 10/0912009 10/12/2009 AIRGAS NORTH CENTRAL $27.83 LARRY FARR $965.80 LARRY FARR $468.31 LARRY FARR $3,861.85 LARRY FARR $267.98 LARRY FARR $6.50 DAVID FISHER $501.77 MYCHAL FOWLDS $59.95 MYCHAL FOWLDS ($0.25) MYCHAL FOWLDS ($1.00) MYCHAL FOWLDS ($1.00) MYCHAL FOWLDS ($1.00) MYCHAL FOWLDS $1,504.71 MYCHAL FOWLDS $259.98 MYCHAL FOWLDS $54.00 MYCHAL FOWLDS $341.94 NICK FRANZEN $100.00 NICK FRANZEN $130.35 VIRGINIA GAYNOR ($37.49) VIRGINIA GAYNOR $24.08 DAVID GERMAIN $139.30 DAVID GERMAIN $17.05 DAVID GERMAIN $15.00 CLARENCE GERVAIS $310.64 CLARENCE GERVAIS $56.69 JEAN GLASS $144.52 JEAN GLASS $20.29 JANET M GREW HAYMAN $105.26 KAREN E GUILFOILE $149.52 LORI HANSON $21.62 PATRICK HEFFERNAN $310.64 PATRICK HEFFERNAN $10.68 RON HORWATH $3.63 RON HORWATH $112.66 RON HORWATH $1,050.05 DAVID JAHN $131.48 BERNARD R JUNGMANN $378.68 BERNARD R JUNGMANN $16.57 BERNARD R JUNGMANN $512.10 BERNARD R JUNGMANN $310.64 BERNARD R JUNGMANN $180.00 BERNARD R JUNGMANN $26.67 TOM KALKA $19.27 TOM KALKA $330.00 DUWAYNE KONEWKO $10.88 NICHOLAS KREKELER $23.46 NICHOLAS KREKELER $764.54 LISA KROLL $200.14 LISA KROLL $408.36 LISA KROLL $34.00 DAVID KVAM $93.16 DAVID KVAM $255.00 DAVID KVAM $97.68 DAVID KVAM $98.75 DAVID KVAM $56.88 DAVID KVAM $97.68 DAVID KVAM $64.66 STEVE LUKIN $141.35 STEVE LUKIN Packet Page Number 155 of 171 10/09/2009 10/12/2009 AIRGAS NORTH CENTRAL $410.35 STEVE LUKIN 10/0912009 10/12/2009 E AT 1 $156.75 STEVE LUKIN 10/13/2009 10114/2009 FEDEX KINKO'S #0617 $45.75 STEVE LUKIN 10/15/2009 10/16/2009 EMERGENCY APPARATUS MAINT $445.44 STEVE LUKIN 10/16/2009 10/19/2009 ASPEN MILLS INC. $44.95 STEVE LUKIN 10/1612009 10/19/2009 ASPEN MILLS INC. $201.90 STEVE LUKIN 10/16/2009 10119/2009 PEN*FIRE ENGINEERING $76.00 STEVE LUKIN 10/17/2009 10/19/2009 ASPEN MILLS INC. $82.50 STEVE LUKIN 10/20/2009 10/21/2009 METRO FIRE $579.59 STEVE LUKIN 10/2012009 10/21/2009 METRO FIRE $224.29 STEVE LUKIN 10/20/2009 10121/2009 METRO FIRE $161.38 STEVE LUKIN 10/20/2009 10/21/2009 METRO FIRE $15.57 STEVE LUKIN 10/21/2009 10/22/2009 ATTM"878423931 NBI $166.70 STEVE LUKIN 10/1812009 10/20/2009 SUBWAY 00128447 $8.48 CITY OF MAPLEWOOD 10/18/2009 10120/2009 LA GOURMET PIZZA $6.82 CITY OF MAPLEWOOD 10/18/2009 10/20/2009 USAIRWAYS 0372366865138 $20.00 CITY OF MAPLEWOOD 10/19/2009 10/20/2009 DESHA'S- LEXINGTON $13.78 CITY OF MAPLEWOOD 10/1912009 10/21/2009 SUBWAY 00128447 $9.01 CITY OF MAPLEWOOD 10/20/2009 10122/2009 SUBWAY 00128447 $7.42 CITY OF MAPLEWOOD 10/21/2009 10/22/2009 TG FRIDAYS #2199 $11.12 CITY OF MAPLEWOOD 10/21/2009 10/23/2009 SUBWAY 00128447 $8.48 CITY OF MAPLEWOOD 10/2212009 10/23/2009 YESTERDAYS $7.37 CITY OF MAPLEWOOD 10/13/2009 10114/2009 ON SITE SANITATION $371.92 MARK MARUSKA 10/22/2009 10/23/2009 ON SITE SANITATION $12198 MARK MARUSKA 10/17/2009 10/19/2009 INN LAKE SUPERIOR $310.64 JON A MELANDER 10/1212009 10/13/2009 VZWRLSS*APOCC VISN $174.79 ROBERT MITTET 10/22/2009 10123/2009 QWESTCOMM*TN651 $58.36 ROBERT MITTET 10/15/2009 10/19/2009 OFFICE DEPOT #1090 $154.11 AMY NIVEN 10/17/2009 10/19/2009 MURPHY6961ATWALMRT $23.16 JULIE OLSON 10/1812009 10/20/2009 AMERICINN CLOQUET $256.90 JULIE OLSON 10/18/2009 10120/2009 AMERICINN CLOQUET $256.90 JULIE OLSON 10/18/2009 10/20/2009 AMERICINN CLOQUET $256.90 JULIE OLSON 10/16/2009 10/19/2009 OFFICE DEPOT #1090 $141.53 MARY KAY PALANK 10/2012009 10/22/2009 OFFICE DEPOT #1090 $48.03 MARY KAY PALANK 10/20/2009 10122/2009 OFFICE DEPOT #1090 $148.35 MARY KAY PALANK 10/16/2009 10/19/2009 TARGET 00011858 $27.83 CHRISTINE PENN 10/17/2009 10/19/2009 TARGET 00011858 $5.68 CHRISTINE PENN 10/1712009 10/19/2009 OFFICE MAX $21.37 CHRISTINE PENN 10/19/2009 10122/2009 JOISSU PRODUCTS INC. $68.36 CHRISTINE PENN 10/22/2009 10/23/2009 CUB FOODS, INC. $20.97 CHRISTINE PENN 10/17/2009 10/19/2009 AUTOZONE #3082 $9.63 ROBERT PETERSON 10/0812009 10/12/2009 ADVANCED GRAPHIC SYSTEMS $611.67 PHILIP F POWELL 10/08/2009 10112/2009 MAY ADVERTISING INTL $43.25 PHILIP F POWELL 10/12/2009 10/13/2009 HARKINS SAFETY INC $29.01 PHILIP F POWELL 10/19/2009 10/20/2009 CLEANINGPRO $193.45 PHILIP F POWELL 10/1412009 10/16/2009 METRO SALES INC $644.00 WILLIAM J PRIEFER 10/06/2009 10112/2009 FORCE AMERICA DISTRIB LLC ($387.68) STEVEN PRIEM 10/08/2009 10/12/2009 TOUSLEY FORD 127200039 $47.41 STEVEN PRIEM 10/12/2009 10/14/2009 KATH AUTO PARTS NSP ($129.62) STEVEN PRIEM 10/1212009 10/14/2009 KATH AUTO PARTS NSP $53.13 STEVEN PRIEM 10/12/2009 10114/2009 KATH AUTO PARTS NSP $196.84 STEVEN PRIEM 10/12/2009 10/14/2009 KATH AUTO PARTS NSP $39.80 STEVEN PRIEM 10/12/2009 10/14/2009 TOUSLEY FORD 127200039 $150.07 STEVEN PRIEM 10/1312009 10/14/2009 BAUER BUILT TIRE - $953.07 STEVEN PRIEM 10/13/2009 10115/2009 KATH AUTO PARTS NSP $34.16 STEVEN PRIEM 10/14/2009 10/15/2009 POMPS TIRE SERVICE $316.94 STEVEN PRIEM 10/14/2009 10/16/2009 TOUSLEY FORD 127200039 ($37.49) STEVEN PRIEM 10/1412009 10/16/2009 FACTORY MOTOR PARTS #19 $233.66 STEVEN PRIEM Packet Page Number 156 of 171 10/16/2009 10/19/2009 10/19/2009 10/19/2009 10/19/2009 10/19/2009 10/19/2009 10/20/2009 10/20/2009 10/20/2009 10/20/2009 10/20/2009 10/20/2009 10/20/2009 10/20/2009 10/21/2009 10/21/2009 10/2112009 10/21/2009 10/09/2009 10/13/2009 10/14/2009 10/20/2009 10/13/2009 10/19/2009 10/2112009 10/08/2009 10/14/2009 10/15/2009 10/16/2009 10/16/2009 10/22/2009 10/09/2009 10/2112009 10/15/2009 10/15/2009 10/16/2009 10/15/2009 10/21/2009 10/20/2009 10/22/2009 10/16/2009 10/21/2009 10/22/2009 10/12/2009 10/15/2009 10/22/2009 10/12/2009 10/12/2009 10/14/2009 10/19/2009 10/12/2009 10/13/2009 10/13/2009 10/15/2009 10/19/2009 Al HYDRAULIC SALES & SERV 10/21/2009 BAUER BUILT TIRE - 10121/2009 KATH AUTO PARTS NSP 10/21/2009 DAVIS EQUIPMENT 10/21/2009 TOUSLEY FORD 127200039 10/21/2009 BAUER BUILT TIRE - 10121/2009 BAUER BUILT TIRE - 10/22/2009 BAUER BUILT TIRE - 10/22/2009 KATH AUTO PARTS LC 10/22/2009 ZARNOTH BRUSH WORKS 10122/2009 TOUSLEY FORD 127200039 10/22/2009 COMO LUBE & SUPPLIES 10/22/2009 BAUER BUILT TIRE - 10/22/2009 BOYER CREDIT 10122/2009 CATCO PARTS &SERVICE 10/22/2009 POMPS TIRE SERVICE 10/22/2009 TRI -STATE BOBCAT INC. 10/22/2009 HUNT ELECTRIC CORPORATION 10123/2009 BOYER CREDIT 10/12/2009 PIONEER PRESS ADVERTISING 10/14/2009 MN OCCUPATIONAL HEALTH 10/15/2009 SPOKESMAN RECORDER 10121/2009 EBIA 10/14/2009 HILLYARD INC MINNEAPOLIS 10/20/2009 HILLYARD INC MINNEAPOLIS 10/22/2009 DALCO ENTERPRISES, INC 10112/2009 MICHAELS #2744 10/15/2009 CUB FOODS, INC. 10/19/2009 PINZ 10/19/2009 OAKDALE CINEMAS -2506 10119/2009 OAKDALE CINEMAS -2506 10/23/2009 CUB FOODS ARDEN HIL 10/12/2009 MENARDS 3059 10/22/2009 MENARDS 3022 10119/2009 OFFICE DEPOT #1105 10/19/2009 OFFICE DEPOT #1090 10/19/2009 OFFICE DEPOT #1090 10/19/2009 POLLUTION CONTROL AGENCY 10123/2009 SPRINT STORE #226 10/20/2009 GLOCK PROFESSIONAL INC 10/23/2009 GO MINIS- MINNEAPOLIS 10/19/2009 OFFICE DEPOT #1090 10123/2009 OFFICE DEPOT #1090 10/23/2009 BREVISCORPO 10/14/2009 ORIENTAL TRADING CO 10/16/2009 CUB FOODS, INC. 10123/2009 CUB FOODS, INC. 10/14/2009 STRAUSS SKATE AND BICY 10/14/2009 STRAUSS SKATE AND BICY 10/16/2009 OFFICE MAX 10120/2009 METRO ATHLETIC SUPPLY 10/14/2009 QUILL CORPORATION 10/14/2009 DALCO ENTERPRISES, INC 10/15/2009 OFFICE DEPOT #1090 10119/2009 ADVANCED GRAPHIC SYSTEMS TOTAL $141.77 STEVEN PRIEM ($53.61) STEVEN PRIEM $387.90 STEVEN PRIEM $194.87 STEVEN PRIEM $448.99 STEVEN PRIEM $53.61 STEVEN PRIEM $53.61 STEVEN PRIEM ($953.07) STEVEN PRIEM $163.45 STEVEN PRIEM $1,948.33 STEVEN PRIEM $87.23 STEVEN PRIEM $64.66 STEVEN PRIEM $950.85 STEVEN PRIEM $49.70 STEVEN PRIEM $141.17 STEVEN PRIEM $470.71 STEVEN PRIEM $126.82 STEVEN PRIEM $927.80 STEVEN PRIEM $15.26 STEVEN PRIEM $872.00 TERRIE RAMEAUX $270.00 TERRIE RAMEAUX $195.54 TERRIE RAMEAUX $249.00 TERRIE RAMEAUX $940.25 MICHAEL REILLY $131.23 MICHAEL REILLY $445.79 MICHAEL REILLY $12.84 AUDRA ROBBINS $17.76 AUDRA ROBBINS $173.94 AUDRA ROBBINS $55.00 AUDRA ROBBINS $60.00 AUDRA ROBBINS $9.55 AUDRA ROBBINS $99.66 JAMES SCHINDELDECKER $108.00 JAMES SCHINDELDECKER $5.00 DEB SCHMIDT $94.48 DEB SCHMIDT $47.53 DEB SCHMIDT $560.00 SCOTT SCHULTZ $37.49 SCOTT SCHULTZ $150.00 MICHAEL SHORTREED $270.00 MICHAEL SHORTREED $84.07 ANDREA SINDT $174.90 ANDREA SINDT $103.76 ANDREA SINDT $75.97 PAULINE STAPLES $41.89 JOANNE M SVENDSEN $34.02 JOANNE M SVENDSEN $1,672.50 JAMES TAYLOR $247.50 JAMES TAYLOR $9.62 JAMES TAYLOR $170.47 JAMES TAYLOR $35.22 SUSAN ZWIEG $224.01 SUSAN ZWIEG $115.00 SUSAN ZWIEG $152.26 SUSAN ZWIEG $44,654.75 Packet Page Number 157 of 171 Agenda #M -2 AGENDA REPORT To: City Manager James Antonen From: Chief of Police David J. Thomalla Subject: Resolution Accepting Donation to the Police Department From Residential Mortgage Group Date: October 29, 2009 Introductio The Police Department has received a donation from RMG (Residential Mortgage Group), and City Council approval is required before this donation can be accepted. Background RMG sent the Police Department a $100 check as part of their charitable donation program called "Refer a friend. Build your community." In the letter accompanying the donation, it was explained that when a mortgage is closed with RMG, a donation will be made to a local school, fire or police department on behalf of the client; and it is the client's choice which group will be the beneficiary of the donation. RMG instituted this program because it lets their clients directly improve the communities where they will be living. The company's goal is to donate at least $200,000 to communities this year. The client who designated the Maplewood Police Department for their $100 donation in conjunction with their loan closing is Brian Schuweiler from the southern portion of Maplewood. Recommendation It is recommended that City Council approval be given to accept this $100 donation and that the necessary budget adjustments be made so the funds can be expended by the Police Department as needed. Action Required Submit to the City Council for review and action. DJT:js Packet Page Number 158 of 171 RESOLUTION AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor's terms if so- prescribed, and; WHEREAS, Residential Mortgage Group (RMG) wishes to grant the City of Maplewood the following: $100, and; WHEREAS, Residential Mortgage Group has instructed that the City will be required to use the aforementioned for: use by the Police Department to directly improve the community where the donator will be living, and; WHEREAS, the City of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a four -fifths majority of its governing body's membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by four -fifths or more majority vote of its membership on , 20 Signed: Signed: Witnessed: (Signature) (Signature) Mayor (Title) (Date) (Signature) Chief of Police (Title) CitV Clerk (Title) (Date) (Date) Packet Page Number 159 of 171 Agenda Item M3 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Deputy Public Works Director Steve Kummer, Civil Engineer II SUBJECT: Kohlman Lane Area Street Improvements, City Project 07 -21, Resolution Approving Final Payment and Acceptance of Project DATE: October 28, 2009 INTRODUCTION The contractor, C.W. Houle, Inc., has completed the project improvements. The city council will consider approving the attached resolution for acceptance of the project and approving final payment to the contractor. BACKGROUND On April 28, 2008, the council awarded C.W. Houle, Inc. a construction contract for utility and roadway improvements in the amount of $1,875,809.00. With one change order amounting to $10,499.00, the adjusted contract amount is $1,886,308.00. The total amount earned by the contractor for this project is $1,772,773.11, which is under the contract amount. BUDGET The current approved budget for the project is $2,314,350. Once all financial transactions have been completed staff will bring back a final financing plan and recommend closure of the project fund. The following is the current financing plan: City Project 07 -21 Financing Amount Water Main Assessments: $ 243,540 (10 %) Sanitary Sewer Assessments: $ 36,080 (2 %) Storm Assessments: $ 48,600 (2 %) Street Assessments: $ 238,750 (10 %) Sanitary Sewer Utility Fund: $ 1,107,480 (48 %) Driveway Replacement Program: $ 30,000 (1 %) WAC Fund: $ 60,000 (3 %) Environment Utility Fund: $ 85,000 (4 %) City of Little Canada: $ 179,900 (8 %) City general tax levy: $ 285,000 (12 %) Total Financing Amount: $ 2,314,350 (100 %) RECOMMENDATION It is recommended that the city council approve the attached resolution for the Kohlman Lane Area Street Improvements, City Project 07 -21, Approving Final Payment and Acceptance of Project. Attachments: 1. Resolution 2. Location Map 3. Final Payment Application Packet Page Number 160 of 171 Agenda Item M3 Attachment 1 RESOLUTION APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT CITY PROJECT 07 -21 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 07 -21, the Kohlman Lane Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Kohlman Lane Area Street Improvements, City Project 07 -21, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 07 -21 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $1,772,773.11. Final payment to C.W. Houle, Incorporated, and the release of any retainage or escrow is hereby authorized. Approved this 9 th day of November 2009 Packet Page Number 161 of 171 Agenda Item M3 COUNTY ROAD DAttachment2 COW Sunset HIGHRIDGE CT. Ridge Park ry LITTLE CANADA o I -z < co AVE. LYDIA E cn 1 cn GUS 2 0 3 ry I-- cn BEAM AVE. ' ry < C �� ;% / �° % cc) 0- KohIman 0 Gervais Lake 4,j Lake 601 COUNTY ROAD C Kohiman / 0 Park U) cf) PALM Manufactured CT. Housing --j 01 U 0 Estates c � I i 2 F-1 N R ry 3 Cr CSR. d n CON NOR >- 4 < CONNOR CO (-) ---) A\ /r- PROPOSED 2008 STREET IMPROVEMENTS NO SCALE KOHLMAN LANE AREA STREET IMPROVEMENTS MAPLEWOOD, MINNESOTA CITY PROJECT 07-21 Packet Paae Number 162 of 1 M M3 vu APPLICATION FOR PAYMENT jrS PAYMENT NO. 10 - FINAL Contract: City Project 07 -21 Owner: City of Maplewood, Minnesota Contractor: C.W. Houle, Incorporated Project: Kohlman Lane Area Street Improvements Application Date: For Period Ending: 10/21/2009 Original Contract Amount: $ 1,875,809.00 Contract Amendments: $ 10,499.00 Contract Amount to Date: $ 1,886,308.00 Total Amount of Work Completed to Date: $ 1,772,773.11 Material Stored On -Site but not in Work: $ - Gross Amount Due to Date: $ 1,772,773.11 Less 0.00% Retainage $ - Amount Due to Date: $ 1,772,773.11 Less Previous Payments: $ 1,726,722.38 Total Due This Application: $ 46,050.73 I hereby certify that all items and amounts shown are correct for the work completed to date. Contractor: C.W. Houle Incorporated By: v '� �•�. Date: to-z-( The Work on this project and application for payment have been reviewed and the amount shown is recommended for payment. Engineer: City of - Public Works Department Date: /0- -d-- -0 Approved for Payment Owner: City of Maplewood By: Date: I J Packet Page Number 163 of 171 Agenda Item M3 Attachment 3 Payment Estimate No. 10 Through 10 -8 -09 Contract: City Project 07 -21 Owner: City of Maplewood, Minnesota Project: Kohlman Lane Area Street Improvements Contractor. C.W. Houle Incorporated Pay Est#: 10 Item# D-Hpu- G2•TU�+'[ait.2•TfiFTa rfrxl Unit Quantity Unit Price Extended 2021.501 MOBILIZATION LS 2101.501 CLEARING ACRE 2101.507 CLEARING TREE 2101.506 GRUBBING ACRE 2101.507 GRUBBING TREE 2104.501 REMOVE CURB & GUTTER LF 2104.501 REMOVE STORM SEWER PIPE AND CULVERTS LF 2104.501 REMOVE WATER SERVICE(COPPER) LF 2104.503 REMOVE CONCRETE WALK SF 2104.505 REMOVE BITUMINOUS TRAIL AND DRIVEWAY PAVEMENT SY 2104.505 REMOVE BITUMINOUS ROADWAY PAVEMENT SY 2104.505 REMOVE CONCRETE DRIVEWAY BY 2104.509 REMOVE DRAINAGE STRUCTURE(MEADOWLARK FES INCLUDED AS LF STORM) EACH 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)(ROADWAYS ONLY) LF 2104.521 SALVAGE FENCE (CHAIN LINK, WOVEN WIRE, OR WOOD) LF 2104.523 SALVAGE LANDSCAPE BOULDER EACH 2104.523 SALVAGE CASTING(SANITARY EX. CASTINGS TO BE REPLACED) EACH 2104.523 SALVAGE CASTING(STORM AND CATCH BASIN) EACH 2104.618 SALVAGE RETAINING WALLS (KEYSTONE, TREATED WOOD., BLOCK, BRICK) SF 2104.618 SALVAGE BRICK PAVER DRIVEWAY SF 2104.603 ABANDON STORM SEWER PIPE (INCLUDES BLOWING FULL WITH SAND) LF 2105.501 COMMON EXCAVATION, CY (EV) (P) (SEE EARTHWORK SUMMARIES) CY 2105.505 MUCK EXCAVATION CY 2105.507 ADDITIONAL SUBGRADE EXCAVATION (EV) CY 2105.507 SUBGRADE EXCAVATION, CY (EV) (SEE EARTHWORK SUMMARIES) CY 2105.515 UNCLASSIFIED EXCAVATION, CY (EV) SEE EARTHWORK SUMMARIES CY 2105.522 ADDITIONAL SELECT GRANULAR BORROW CY 2105.522 SELECT GRANULAR BORROW, CY (CV) SEE EARTHWORK SUMMARIES CY 2105.526 SELECT TOPSOIL BORROW, CY (LV) SEE EARTHWORK SUMMARIES CY 2105.601 DEWATERING LS 2123.601 EQUIPMENT RENTAL(REMOVE, SALVAGE, MISC. LANDSCAPE ITEMS) LS 2105.604 GEOTEXTILE FABRIC TYPE V (FOR STREETS) BY 2123.61 STREET SWEEPER WITH PICKUP BROOM HOUR 2130.501 WATER FOR DUST CONTROL M GAL 2211.604 AGG. SURFACING, CL 5(100 % CRUSHED LIMESTOME) FOR EXPOSED DRIVEWAYS BY 2211.501 AGGREGATE BASE CL. 6 FOR STREETS TON 2211.501 ADDITIONAL AGGREGATE BASE CLASS 6 FOR SUBGRADE REPLACEMENT TON 2211.604 AGGREGATE BASE CL 6 FOR BIT DRIVEWAYS & TRAILS(6" DEPTH) SY 2211.604 AGGREGATE BASE CL. 6 FOR CONCRETE DRIVEWAYS (4" DEPTH) SY 2232.603 MILL BITUMINOUS PAVEMENT, 1.5" MIN. DEPTH, 3' WIDE LF 2331.603 BITUMINOUS ROAD PLACEMENT CONTROL JOINT ROUT AND SEAL LF 2331.603 BITUMINOUS DRIVEWAY PAVEMENT JOINT ROUT AND SEAL LF 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL 2360.501 TYPE MV3 WEARING COURSE(B) (KELLER PARKWAY) TON 2360.501 TYPE LV3 WEARING COURSE(B) (ALL STREETS EXCEPT KELLER PARKWAY) TON 2360.502 TYPE MV3 NON - WEARING COURSE (B) (KELLER PARKWAY) TON 2360.502 TYPE LV3 NON - WEARING COURSE (B) (ALL STREETS EXCEPT KELLER PARKWAY) TON 2360.503 TYPE LV4 WEARING COURSE 3" THICK - DRIVEWAY (L) SY 2411.618 MODULAR BLOCK RETAINING WALL (@ LARGE RAIN GARDEN) SF 2451.503 GRANULAR BACKFILL CY 2451.603 AGGREGATE FOUNDATION PER MPWD STD. PLATE #440 & 9540) LF 2501.515 12" CORRUGATED SMOOTH WALL PIPE APRON (NO TRASH GUARD) EACH 2501.515 15" CORRUGATED SMOOTH WALL PIPE APRON (NO TRASH GUARD) EACH 2501.515 18" CORRUGATED SMOOTH WALL PIPE APRON (NO TRASH GUARD) EACH 2501.515 24" CORRUGATED SMOOTH WALL PIPE APRON (NO TRASH GUARD) EACH 2502.541 4" PERF. CORR. PE DRAINAGE TUBING W/ TYPE 1 GEO. SOCK - STREET LF 2502.541 4" PERF. CORR. PE DRAINAGE TUBING W/ TYPE I GEO. SOCK & 3149.2J (F.F.A.)- BASIN /POND SITES LF 2502.541 18" PERF. HOPE PIPE DRAIN (LINDEN STORM TREATMENT) (INCLUDES ALL BENDS & FITTINGS) LF 2502.541 24" PERF. HOPE PIPE DRAIN (MEADOWLARK STORM TREATMENT) (INCLUDES ALL BENDS & FITTINGS) LF 2502.602 8" PIPE DRAIN RISER (SCHAD PVC) (STORM WATER TREATMENT) EACH 2503.511 12" CORRUGATED SMOOTH WALL HOPE PIPE SEWER LF 2503.511 15" CORRUGATED SMOOTH WALL HOPE PIPE SEWER LF 2503.511 18" CORRUGATED SMOOTH WALL HOPE PIPE SEWER LF 2503.511 24" CORRUGATED SMOOTH WALL HOPE PIPE SEWER LF 2501511 24" RC PIPE SEWER, CLASS III LF 2503.603 PIPE BEDDING FOR HOPE STORM SEWER PIPE LF 2503.602 DISCONNECT & RECONNECT SANITARY SEWER SERVICE EACH 2503.602 CONNECT TO EXISTING SANITARY STRUCTURE (INCLUDE KOR -N -SEAL BOOT PER STD. PLATE 400) EACH 2503.602 CONNECT TO EXISTING DRAINAGE STRUCTURE EACH 2503.602 REPAIR 8" VCP SANITARY SEWER MAIN AS PER PLATE 409A INCLUDE 1 -8" x 4" SERVICE WYE EACH Page 1 Kohlman Lane Area Streets City Project 07 -21 Maplewood T.-Date To -Date Quantity Extended 1.00 $ 49,100.00 $ 49,100.00 1 $ 49,100.00 0.42 $ 2,300.00 $ 966.00 0.42 $ 966.00 94 $ 105.00 $ 9,870.00 121 $ 12,705.00 0.42 S 2,300.00 $ 966.00 0.42 $ 966.00 95 $ 45.00 $ 4,275.00 126 $ 5,670.00 424 S 2.00 $ 848.00 426 $ 852.00 366 $ 8.00 $ 2,928.00 257 $ 2,056.00 180 $ 7.00 $ 1,260.00 180 $ 1,260.00 98 $ 3.00 $ 294.00 93 $ 279.00 1256 $ 4.30 $ 5,400.80 1283 $ 5,516.90 15176 S 1.25 $ 18,970.00 15086 $ 18,857.50 672 $ 4.10 $ 2,755.20 611 $ 2,505.10 4 $ 300.00 $ 1,200.00 4 $ 1,200.00 267 $ 3.00 $ 801.00 366 $ 1,098.00 103 $ 7.00 $ 721.00 0 $ - 49 $ 20.00 $ 980.00 53 $ 1,060.00 8 $ 70.00 $ 560.00 5 $ 350.00 3 $ 40.00 $ 120.00 0 $ - 600 $ 6.00 S 3,600.00 100 $ 600.00 171 $ 4.00 $ 684.00 190 $ 760.00 140 $ 13.00 $ 1,820.00 140 $ 1,820.00 7786 $ 9.65 $ 75,134.90 7786 $ 75,134.90 20 $ 50.00 S 1,000.00 10 $ 500.00 2880 $ 9.65 $ 27,792.00 3027.18 $ 29,212.29 5154 $ 9.65 $ 49,736.10 4824 $ 46,551.60 1244 $ 9.65 $ 12,004.60 1524 $ 14,706.60 2061 $ 11.45 $ 23,598.45 2197 $ 25,155.65 5712 $ 11.45 $ 65,402.40 5624 $ 64,394.80 2090 $ 5.00 $ 10,450.00 1328 $ 6,640.00 1 $ 48,000.00 $ 48,000.00 1 $ 48,000.00 1 $ 15,000.00 $ 15,000.00 0.96 $ 14,400.00 16575 $ 1.35 $ 22,376.25 14917 $ 20,137.95 100 $ 80.00 $ 8,000.00 81.5 $ 6,520.00 275 $ 15.00 $ 4,125.00 249 $ 3,735.00 133 $ 5.00 $ 665.00 539 $ 2,695.00 9150 $ 9.30 $ 85,095.00 9104.3 $ 84,669.99 3895 $ 9.30 $ 36,223.50 2229.95 $ 20,738.54 1440 $ 4.40 $ 6,336.00 1462.46 $ 6,434.82 747 $ 3.00 $ 2,241.00 640 $ 1,920.00 266 $ 8.00 $ 2,128.00 266 $ 2,128.00 3051 $ 2.00 $ 6,102.00 2950 $ 5,900.00 605 $ 2.00 $ 1,210.00 43 $ 86.00 826 $ 2.10 $ 1,734.60 755 $ 1,585.50 488 $ 50.00 $ 24,400.00 538.65 $ 26,932.50 975 $ 50.00 $ 48,750.00 1096.35 $ 54,817.50 534 $ 50.00 $ 26.700.00 1009.31 $ 50,465.50 1892 $ 50.00 S 94,600.00 1317.56 $ 65,878.00 1309 $ 11.00 $ 14,399.00 1326.1 $ 14,587.10 336 $ 23.00 $ 7,728.00 324 $ 7,452.00 6405 $ 15.00 $ 96,075.00 2516.12 $ 37,741.80 2711 $ 7.50 $ 20,332.50 542 $ 4,065.00 1 $ 250.00 $ 250.00 1 $ 250.00 2 $ 285.00 $ 570.00 2 $ 570.00 2 $ 315.00 $ 630.00 2 $ 630.00 1 $ 430.00 $ 430.00 1 $ 430.00 1182 $ 7.00 $ 8,274.00 1491 $ 10,437.00 337 $ 14.00 $ 4,718.00 507 $ 7,098.00 70 $ 45.00 $ 3,150.00 70 $ 3,150.00 189 $ 95.00 $ 17,955.00 172 $ 16,340.00 2 $ 350.00 $ 700.00 8 $ 2,800.00 610 $ 14.00 $ 8,540.00 631 $ 8,834.00 564 $ 16.00 $ 9,024.00 570 $ 9,120.00 247 $ 19.00 $ 4,693.00 197 $ 3,743.00 507 $ 24.00 $ 12,168.00 586 $ 14,064.00 30 $ 34.00 $ 1,020.00 30 $ 1,020.00 1928 $ 3.20 $ 6,169.60 1708 $ 5,465.60 4 $ 900.00 $ 3,600.00 3 $ 2,700.00 1 $ 3,250.00 $ 3,250.00 1 $ 3,250.00 1 $ 900.00 $ 900.00 0 $ - 1 1 $ 1,665.00 $ 1,665.00 1 $ 1,665.00 Packet Page Number 164 of 171 Agenda Item M3 Payment Estimate Kohiman Lane ArgAcjment 3 No. 10 City Project 07 -21 Through 10 -8 -09 Maplewood Contract Contract contract To -Date To -Date I@mN Description Unit Quantity Unit Price Extended Quantity Extended 2503.602 8" x 4" PVC, SCHEDULE 40 SERVICE WYE EACH 2503.603 8" PVC, SDR 35 SANITARY SEWER PIPE LF 2503.603 4" PVC, SCHEDULE 40 SANITARY SEWER SERVICE AS PER PLATE 410 & 410A LF 2503.603 6" PVC, SCHEDULE 40 SANITARY SEWER SERVICE AS PER PLATE 410A LF 2503.603 4" PVC, SCHEDULE 40 SANITARY SEWER SERVICE RISER PIPE AS PER PLATE 410MITH CAP) LF 2503.603 PIPE BEDDING FOR PVC SANITARY SEWER PIPE LF 2504.602 ADJUST GATE VALVE & BOX, WATER EACH 2504.602 ADJUST CURB STOP HOUSING, WATER EACH 2504.602 CONNECT TO EXISTING WATER MAIN EACH 2504.602 FURNISH & INSTALL HYDRANT & 6" GATE VALVE(INCLUDE BOX)(INCLUDE ONE 9' BURY)(PACER WB -67) EACH 2504.602 FURNISH & INSTALL 8" GATE VAVLE & BOX(AMERICAN SERIES 2500 MJxMJ, AWWA C509) EACH 2504.602 FURNISH & INSTALL 1" AIR VENT & HOUSING (AS PER STD. PLATE D -7) EACH 2504.602 FURNISH & INSTALL 2" BLOWOFF & HOUSING (AS PER STD. PLATE D -8) EACH 2504.602 FURNISH & INSTALL 1" CORPORATION STOP(McDONALD 4701) EACH 2504.602 FURNISH & INSTALL 1" CURB STOP AND BOX FOR "1 WATER SERVICE(McDONALD 6104) EACH 2504.602 INSTALL FORD COVER FURNISHED BY THE SPRWS EACH 2504.603 6" WATERMAIN DUCTILE IRON CLASS 53 (INCLUDES 8 MIL. POLYETHYLENE WRAP) LF 2504.603 8" WATERMAIN DUCTILE IRON CLASS 52 (INCLUDES 8 MIL. POLYETHYLENE WRAP) LF 2504.603 FURNISH & INSTALL 1" TYPE K COPPER WATER SERVICE LF 2504.603 PIPE BEDDING FOR WATERMAIN PIPE LF 2504.604 FURNISH & INSTALL -2" RIGID INSULATION @ WATERMAIN OR SERVICE CROSSING BY 2504.608 DUCTILE IRON FITTINGS(INCLUDES ALL BENDS, TEES) POUND 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 2'x 3' BOX CB EACH 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 48" CB -MH EACH 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 48" MH EACH 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 60" CB -MH EACH 2506.522 FURNISH & INSTALL R- 1678 -A FRAME & RADIAL GRATE FOR 48" STORM MH IN BLVD. OR STREET EACH 2506.522 FURNISH & INSTALL R- 1678 -A FRAME & SOLID GRATE FOR 48" STORM MH IN BLVD. OR STREET EACH 2506.522 FURNISH & INSTALL R- 3067 -V FRAME & GRATE FOR CATCH BASIN WITH 2'x 3' OPENING EACH 2506.522 FURNISH & INSTALL R-1 678-A FRAME & GRATE FOR SANITARY SEWER MH EACH 2506.522 ADJUST EXISTING CASTING FOR STORM MH IN BLVD. EACH 2506.522 ADJUST STORM MH CASTING IN STREET EACH 2506.522 ADJUST EXISTING CASTING FOR SANITARY MH IN STREET OR BLVD. EACH 2506.602 FURNISH & INSTALL SANITARY MH DESIGN 48-4020,6 TO 14 FOOT DEPTH EACH 2506.602 FURNISH & INSTALL SANITARY MH DESIGN 48 -4020, GREATER THAN 14 -FT DEPTH EACH 2506.602 RECONSTRUCT SANITARY SEVJER MH LF 2506.602 RECONSTRUCT SANITARY SEVJER MH INVERT (SEE DETAIL) EACH 2511.502 RANDOM RIP RAP CLASS III CY 2511.515 GEOTEXTILE FABRIC TYPE V (NON - WOVEN) SY 2511.602 F & I SCOUR STOP SF 2511.602 RELOCATE LANDSCAPE BOULDER EACH 2521.501 4" CONCRETE WALK SF 2531.501 CONCRETE C & G, DESIGN 8618, RIBBON, OR TRANSITION LF 2531.507 6" CONCRETE DRIVEWAY PAVEMENT RESIDENTIAL SY 2535.501 BITUMINOUS CURB LF 2540.602 REINSTALL MAILBOX SUPPORT (SALVAGED) EACH 2540.602 FURNISH & INSTALL MAILBOX SUPPORT (SINGLE) EACH 2540.602 FURNISH & INSTALL MAILBOX SUPPORT (DOUBLE) EACH 2540.604 INSTALL LANDSCAPE ROCKALL TYPES) SY 2540.61 INSTALL SALVAGED LANDSCAPE RETAINING WALL SF 2540.618 INSTALL SALVAGED PAVER BRICK DRIVEWAY SF 2557.603 INSTALL SALVAGED FENCE (CHAIN LINK, WOVEN WIRE, OR WOOD) LF 2563.601 TRAFFIC CONTROL (PHASE 1 AND 2)(1/4% MIN) LS 2571.505 DECIDOUS SHRUB NO.2 CONT. SHIRE 2571.507 PERENNIAL PLUGS (Mn /DOT 3861) EACH 2571.544 TRANSPLANT SHRUB EACH 2571.602 STANDARD RESIDENTIAL RAINWATER GARDEN PREPARATION (ALL SIZES) EACH 2571.602 LARGE RAINWATER GARDEN PREPARATION @ VARIOUS LOCATIONS EACH 2571.603 5" HEAVY PLASTIC EDGING LF 2571.607 ROCK INFILTRATION TRENCH WITH TYPE V GEOTEXTILE FABRIC PER PLAN DETAIL 4 LF 2571.609 ROCK INFILTRATION BED WITH TYPE V GEOTEXTILE FABRIC PER PLAN DETAILS 1 AND 2 CY 2571.609 ROCK INFILTRATION SUMP WITH TYPE V NON -WOVEN GECTEXTILE CY 2573.502 SILT FENCE, TYPE HEAVY DUTY LF 2573.505 4 FT. FLOTATION SILT CURTAIN, Mn /DOT 3887 TYPE STILLWATER LF 2573.53 INLET PROTECTION (ALL TYPES) EACH 2573.54 FILTER LOG, Mn /DOT 3897 TYPE COMPOST LOG LF 2573.601 EROSION CONTROL, CONTRACTORS PLAN LS 2573.602 FURNISH AND MAINTAIN ROCK ENTRANCE PAD AS PER STD. PLATE 350 EACH 2575.505 SODDING, TYPE LAWN SY 2575.523 EROSION CONTROL BLANKET, Mn /DOT 3885 CATEGORY 0 (NET FREE) SY 2575.525 EROSION CONTROL BLANKET, Mn /DOT 3885 CATEGORY II BY 2575.532 FERTILIZER TYPE 2 (PHOSPHOROUS FREE) (350 LBS /ACRE) POUNE 2575.55 COMPOST Mn /DOT 3890 GRADE 2 CY 2575.601 TURF AND PLANT ESTABLISHMENT AS PER Mn /DOT 3876.2 IN PONDING AREAS LS 2575.604 TURF ESTABLISHMENT w /SEED MIX 250 (75 LBS. ACRE) SY Page 2 10 $ 255.00 $ 2,550.00 9 $ 2,295.00 1069 $ 54.00 $ 57,726.00 1072 $ 57,888.00 423 $ 17.00 $ 7,191.00 404 $ 6,868.00 58 $ 19.00 $ 1,102.00 323 $ 6,137.00 76 $ 18.00 $ 1,368.00 98 $ 1,764.00 1626 $ 2.70 $ 4,390.20 570 $ 1,539.00 15 $ 180.00 $ 2,700.00 18 $ 3,240.00 5 $ 60.00 $ 300.00 3 $ 180.00 1 $ 2,800.00 $ 2,800.00 1 $ 2,800.00 10 $ 3,420.00 $ 34,200.00 10 $ 34,200.00 8 $ 1,540.00 $ 12,320.00 8 $ 12,320.00 1 $ 1,185.00 $ 1,185.00 0 $ - 1 $ 850.00 $ 850.00 0 $ - 53 $ 135.00 $ 7,155.00 53 $ 7,155.00 53 $ 207.00 $ 10,971.00 53 $ 10,971.00 2 $ 110.00 $ 220.00 2 $ 220.00 122 $ 29.00 $ 3,538.00 108 $ 3,132.00 4062 $ 32.00 $ 129,984.00 4166 $ 133,312.00 2071 $ 16.00 $ 33,136.00 2385 S 38,160.00 4184 $ 2.70 $ 11,296.80 120 $ 324.00 113.6 $ 14.00 $ 1,590.40 81.9 $ 1,146.60 5632 $ 2.80 $ 15,769.60 3957 $ 11,079.60 9 $ 845.00 $ 7,605.00 7 S 5,915.00 14 $ 1,135.00 $ 15,890.00 13.94 $ 15,821.90 6 $ 1,350.00 $ 8,100.00 9.49 $ 12,811.50 1 $ 2,050.00 $ 2,050.00 2 $ 4,100.00 3 $ 525.00 $ 1,575.00 1 $ 525.00 1 S 475.00 $ 475.00 5 $ 2,375.00 22 $ 405.00 $ 8,910.00 22 $ 8,910.00 14 S 475.00 $ 6,650.00 15 $ 7,125.00 1 $ 200.00 $ 200.00 3 $ 600.00 2 $ 250.00 $ 500.00 2 $ 500.00 30 $ 185.00 $ 5,550.00 30 $ 5,550.00 1 $ 2,000.00 $ 2,000.00 1 $ 2,000.00 5 $ 2,650.00 $ 13,250.00 6 $ 15,900.00 18 $ 288.00 $ 5,184.00 18 $ 5,184.00 2 $ 1,050.00 $ 2,100.00 2 S 2,100.00 22.7 $ 100.00 $ 2,270.00 25.7 $ 2,570.00 53.8 $ 3.00 $ 161.40 53.8 $ 161 AD 128 $ 26.00 $ 3,328.00 128 $ 3,328.00 49 $ 35.00 $ 1,715.00 27 $ 945.00 114 $ 4.30 $ 490.20 230 $ 989.00 6964 $ 8.40 $ 58,497.60 6926.4 $ 58,181.76 679 $ 38.00 $ 25,802.00 666.65 $ 25,332.70 94 S 8.00 $ 752.00 111 $ 888.00 " $ 73.00 $ 2,555.00 35 $ 2,555.00 8 $ 145.00 $ 1,160.00 7 $ 1,015.00 2 $ 250.00 $ 500.00 1 $ 250.00 128 $ 10.00 $ 1,280.00 44.5 $ 445.00 600 $ 9.00 $ 5,400.00 130 S 1,170.00 171 $ 6.00 $ 1,026.00 655.9 $ 3,935.40 103 $ 18.00 $ 1,854.00 0 $ - 1 $ 5,000.00 $ 5,000.00 1 $ 5,000.00 290 S 50.00 $ 14,500.00 224 $ 11,200.00 830 S 2.00 $ 1,660.00 596 $ 1,192.00 21 $ 140.00 $ 2,940.00 1 $ 140.00 18 $ 1,530.00 $ 27,540.00 24,07 $ 36,827.10 5 $ 3,600.00 $ 18,000.00 5 $ 18,000.00 1244 $ 2.00 $ 2,488.00 702 $ 1,404.00 224 $ 12.00 $ 2,688.00 274 $ 3,288.00 654 $ 48.00 $ 31,392.00 349 $ 16,752.00 72 $ 46.00 $ 3,312.00 39 $ 1,794.00 3807 $ 1.80 $ 6,852.60 3790 $ 6,822.00 420 $ 10.00 $ 4,200.00 500 $ 5,000.00 20 $ 350.00 $ 7,000.00 25 $ 8,750.00 2520 $ 3.30 S 8,316.00 4662.76 $ 15,387.11 1 $ 15,000.00 $ 15,000.00 1 $ 15,000.00 5 $ 950.00 S 4,750.00 4 $ 3,800.00 15209 $ 2.30 $ 34,980.70 12889.15 $ 29,645.05 1343 $ 1.60 $ 2,148.80 1771 $ 2,833.60 239 $ 2.50 $ 597.50 200 $ 500.00 1286 $ 0.60 $ 771.60 400 $ 240.00 150 $ 35.00 $ 5,250.00 168.9 $ 5,911.50 1 $ 2,000.00 $ 2,000.00 0.75 $ 1,500.00 722 $ 0.70 $ 505.40 742 $ 519.40 Packet Page Number 165 of 171 Agenda Item M3 Item# Description Payment Estimate Kohlman Lane ArAtt8@JJment 3 No. 10 City Project 07 -21 Through 10 -8 -09 Maplewood Contract Contract Contract T,Dato To -Date Unit Quantity Unit Price Extended Quantity Extended 2575.604 TURF ESTABLISHMENT w /SEED MIX 305 (SHADED POND AREAS)(84 LBS. ACRE) SY 2575.604 TURF ESTABLISHMENT w /SEED MIX 310(82 LBS. ACRE) SY 2575.604 TURF ESTABLISHMENT wISEED MIX 325(84 LBS, ACRE) SY 2575.604 TURF ESTABLISHMENT w/SEED MIX 350(84.5 LBS. ACRE) SY 2575.604 MULCH MATERIAL, TYPE 6(2" DEPTH) SY 2575.605 MULCH MATERIAL, TYPE 3(CONSIST OF GRAIN STRAW ONLY) ACRE 2104.505 REMOVE BITUMINOUS DRIVEWAY PAVEMENT (PRIVATE) SY 2104.503 REMOVE CONCRETE PAVEMENT (PRIVATE) SF 2104.505 REMOVE CONCRETE WALK PAVEMENT (PRIVATE) SY 2105.501 COMMON EXC., CY (EV) (P) (FOR EXPANSION OF PRIVATE DRIVES & WALKS) CY 2105.507 SUBGRADE EXC., CY (EV) FOR PRIVATE DRIVES, (EST. @ 0.5' DEPTH) CY 2105.526 SELECT TOPSOIL BORROW, CY (LV) (FOR PRIVATE TURF ESTABLISHMENT) CY 2211.501 AGGREGATE BASE CL. 6 FOR PRIVATE DRIVEWAYS & WALKS TON 2331.603 BITUMINOUS DRIVEWAY PAVEMENT CRACK ROUT AND SEAL (PRIVATE) LF 2340.521 TYPE 41 BITUMINOUS MIXTURE FOR DRIVES (41 WEB50055L) (PRIVATE) SY 2356.604 BITUMINOUS SEALCOAT (PRIVATE) SY 2521.501 4" CONCRETE WALK (PRIVATE) SF 2531.507 6" CONCRETE DRIVEWAY PAVEMENT, RESIDENTIAL (PRIVATE) BY 2575.505 SODDING, TYPE LAWN (FOR PRIVATE TURF ESTABLISHMENT) BY CHANGE ORDER NO, 1 2504.602 FURNISH AND INSTALL 2" BLOWOFF & HOUSING (AS PER STD. PLATE D -8) EACH 2503.603 8" WATERMAIN DUCTILE IRON CLASS 52 (INCLUDES 8 MIL POLYETHYLENE WRAP) LF 2504.603 PIPE BEDDING FOR WATER MAIN PIPE LF 2504.608 DUCTILE IRON FITTINGS (INCLUDES ALL BENDS, TEES) LB SUBTOTAL BASE BID SUBTOTAL BID ALTERNATE #2 CHANGE ORDER NO. 1 GRAND TOTAL Page 3 1154 BID ALTERNATE 2 $ 807.80 250 LITTLE CANADA SANITARY EXTENSION - DIRECTIONAL DRILL 1154 2451.503 GRANULAR BACKFILL CY 2451.603 AGGREGATE FOUNDATION PER MPWD. STD. PLATE #440 & #540 LF 2503.601 SANITARY BYPASS PUMPING LS 2503.602 DISCONNECT & RECONNECT SANITARY SEWER SERVICE EACH 2503.602 CONNECT TO EXISTING SANITARY STRUCTURE (INCLUDE KOR -N -SEAL BOOT PER SI U. PLATE 400) EACH 2503.602 8" x 4" PVC, SCHEDULE 40 SERVICE WYE EACH 2503.603 8" PVC, SDR 26 SANITARY SEWER PIPE LF 2503.603 8" DIP CL 52 SANITARY SEWER PIPE LF 2503.603 4" PVC, SCHEDULE 40 SANITARY SEWER SERVICE AS PER PLATE 410 & 410A LF 2503.603 PIPE BEDDING FOR PVC SANITARY SEWER PIPE LF 2503.603 HORIZONTAL DIRECTIONAL DRILLED 10 -INCH DR -9 HDPE LF 2506.522 FURNISH & INSTALL R-1 678-A FRAME & GRATE FOR SANITARY SEWER MH EACH 2506.602 FURNISH & INSTALL SANITARY MH DESIGN 48-4020,6 TO 14 FOOT DEPTH EACH 2506.602 FURNISH & INSTALL SANITARY MH DESIGN 48 -4020, GREATER THAN 14 -FT DEPTH EACH 2504.602 FURNISH & INSTALL 8" GATE VAVLE & BOX - LITTLE CANADAEXT. EACH 2504.602 FURNISH & INSTALL 8" PLUG EACH 2504.603 8" WATERMAIN DUCTILE IRON CLASS 52 (INCLUDES 8 MIL. POLYETHYLENE WRAP)- LITTLE CANADA EXT. LF 2504.608 DUCTILE IRON FITTINGS(INCLUDES ALL BENDS, TEES) POUNE 2573.502 SILT FENCE, TYPE HEAVY DUTY LF 2575.532 FERTILIZER TYPE 2 (PHOSPHOROUS FREE) (350 LBS /ACRE) POUNE 2575.604 TURF ESTABLISHMENT WSEED MIX 270 - (LITTLE CANADA EXT., INCLUDE MULCH TYPE 1) SY CHANGE ORDER NO, 1 2504.602 FURNISH AND INSTALL 2" BLOWOFF & HOUSING (AS PER STD. PLATE D -8) EACH 2503.603 8" WATERMAIN DUCTILE IRON CLASS 52 (INCLUDES 8 MIL POLYETHYLENE WRAP) LF 2504.603 PIPE BEDDING FOR WATER MAIN PIPE LF 2504.608 DUCTILE IRON FITTINGS (INCLUDES ALL BENDS, TEES) LB SUBTOTAL BASE BID SUBTOTAL BID ALTERNATE #2 CHANGE ORDER NO. 1 GRAND TOTAL Page 3 1154 $ 0.70 $ 807.80 250 $ 175.00 1154 $ 0.70 $ 807.80 250 $ 175.00 601 S 030 $ 420.70 700 $ 490.00 2685 $ 0.70 $ 1,879.50 1600 $ 1,120.00 262 $ 4.00 $ 1,048.00 645.6 $ 2,582.40 0.91 $ 600.00 $ 546.00 0.63 $ 378.00 135.1 $ 11.00 $ 1,486.10 274.2 $ 3,016.20 64 $ 11.00 $ 704.00 281.25 $ 3,093.75 2 $ 38.00 $ 76.00 7.5 $ 285.00 66 $ 33.00 $ 2,178.00 14.1 $ 465.30 33 $ 43.00 S 1,419.00 0 $ - 3.3 $ 35.00 $ 115.50 0 $ - 30 $ 12.00 $ 360.00 179.18 $ 2,150.16 15 S 4.00 $ 60.00 0 $ - 70 $ 18.00 $ 1,260.00 447.6 $ 8,056.80 41 S 4.00 $ 164.00 60 $ 240.00 20 S 4.80 $ 96.00 67.5 $ 324.00 51 $ 45.00 $ 2,295.00 139.95 $ 6,297.75 23 $ 3.00 $ 69.00 86 $ 258.00 TOTAL $ 1,780,023.10 $ 1,688,902.11 185 $ 17.00 $ 3,145.00 0 $ - 327 S 7.50 $ 2,452.50 73 $ 547.50 1 S 5,500.00 $ 5,500.00 0 $ - 2 $ 900.00 $ 1,800.00 1 $ 900.00 1 $ 4,050.00 $ 4,050.00 1 $ 4,050.00 1 $ 255.00 $ 255.00 0 $ - 307 $ 39.00 $ 11,973.00 156 $ 6,084.00 13 $ 49.00 $ 637.00 13 $ 637.00 90 $ 15.00 $ 1,350.00 30 $ 450.00 397 $ 2.70 $ 1,071.90 0 $ - 466 $ 103.00 $ 47,998.00 477 $ 49,131.00 3 $ 475.00 $ 1,425.00 3 $ 1,425.00 1 $ 2,000.00 $ 2,000.00 0 $ - 2 $ 2,850.00 $ 5,700.00 3 $ 8,550.00 1 $ 1,540.00 $ 1,540.00 1 $ 1,540.00 1 $ 150.00 $ 150.00 0 $ - 43 $ 32.00 $ 1,376.00 43 $ 1,376.00 271 $ 3.50 $ 948.50 235 $ 822.50 70 $ 2.00 $ 140.00 0 $ - 154 S 1.00 $ 154.00 70 $ 70.00 2120 $ 1.00 S 2,120.00 1678 $ 1,678.00 TOTAL $ 95,785.90 $ 77,261.00 1 $ 850.00 $ 850.00 1 $ 850.00 270 $ 32.00 $ 8,640.00 180 $ 5,760.00 270 $ 2.70 $ 729.00 0 $ - 100 S 2.80 $ 280.00 0 $ - TOTAL $ 10,499.00 $ 6,610.00 Contract To -Dato Extended Extended $ 1,780,023.10 $ 1,688,902.11 $ 95,785.90 $ 77,261.00 $ 10,499.00 $ 6,610.00 $ 1,886,308.00 $ 1,772,773.11 Packet Page Number 166 of 171 Agenda Item M4 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director SUBJECT: Stillwater Road /TH 5 Street, Sidewalk, and Drainage Improvements, City Project 09 -04, Resolution Approving Plans and Authorizing Advertising for Bids DATE: October 29, 2009 INTRODUCTION Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids. The plans and specifications are in order for approval but the placement of the ad for bids is contingent upon receiving federal authorization of funds for the project. The proposed bid opening for this project is scheduled for 10:00 a.m., Friday, December 18, 2009 at city hall, assuming that the federal funding authorization occurs on or before November 10, 2009. If the federal funding authorization occurs after the November 10, 2009 date, the bid opening will be adjusted accordingly to comply with the publication requirements. It is anticipated that the award of bid would be considered by the city council at the January 25, 2010 city council meeting. BACKGROUND The city council ordered the preparation of the feasibility study for the Stillwater Road /TH 5 Improvements on February 23, 2009. On July 27, 2009 the city council accepted the feasibility report, ordered the public hearing, and authorized the preparation of the plans and specifications for the project. Neighborhood informational open house meetings were held on three occasions (March 12 June 17 and August 6 to allow residents to view the proposed plans, ask questions about the project, and allow staff to receive input from residents. A public hearing on the proposed improvements was held on August 10, 2009. Numerous one -on -one meetings with the property owners and open house discussions have been held with the property owners throughout September and October. The temporary construction and permanent drainage, utility, and sidewalk easements necessary to construct the proposed improvements have been provided by the adjacent property owners where needed. A total of 12 temporary and 18 permanent easements have been secured. Subsequent to the August 10, 2009 public hearing, Mn /DOT requested that the mill and overlay of the north -south segment (0.53 miles) of Stillwater Road between Minnehaha Avenue and Stillwater Avenue be added to the project. This segment of mill and overlay work has been incorporated into the plans and specifications. Since the project is being partially funded with federal American Recovery and Reinvestment Act (ARRA) stimulus funds, the plans for the improvements have been prepared consistent with Mn /DOT federal aid requirements. The plans must be approved by Mn /DOT before November 13, 2009 to receive the ARRA funds. We are working with Mn /DOT to obtain the necessary plan approvals prior to November 13 In addition, a Project Memorandum was required to review environmental issues Packet Page Number 167 of 171 Agenda Item M4 associated with the project. The Project Memorandum was approved by Mn /DOT on October 23, 2009. The proposed project area is illustrated on the attached project location map. PROJECT BUDGET The approved project budget is $2,208,700. The updated project budget is $2,500,000 including the additional mill and overlay work. The following is a summary of the proposed financing plan: Financing Source Amount Federal Stimulus ARRA Funds $ 800,000 Mn /DOT Funds (Mill and Overlay) $ 856,000 City of Maplewood MSA - Bonds $ 508,700 City of Maplewood Environmental Utility Fund $ 335,300 Total $ 2,500,000 RECOMMENDATION It is recommended that the city council approve the attached resolution for the Stillwater Road/TH 5 Street, Sidewalk, and Drainage Improvements, Project 09 -04: Approving Plans and Authorize Advertising for Bids and adjust the project budget. Attachments 1. Resolution Approving Plans and Advertising for Bids 2. Location Map Packet Page Number 168 of 171 Agenda Item M4 Attachment 1 RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on July 27 2009, plans and specifications for Stillwater Road1TH 5 Street, Sidewalk, and Drainage Improvements, City Project 09- 04 (SP 138- 010 -07, SP 6230 -28, Federal Project Number ESTEA10ES(004)) have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, 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. 2. The city clerk, contingent upon receipt of federal authorization of funds, 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 three times, at least thirty -one 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 18th day of December, 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. 3. 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 January 25 2010. 4. The finance director is directed to adjust the project budget as provided below: Financing Source Amount Federal Stimulus ARRA Funds $ 800,000 Mn/DOT Funds (Mill and Overlay) $ 856,000 City of Maplewood MSA - Bonds $ 508,700 City of Maplewood Environmental Utility Fund $ 335,300 Total $ 2,500,000 Packet Page Number 169 of 171 Ci r n � V 1 r � Y r, r' L V � ✓ _- ✓ � �� �j � PROJECT_ F LOCATION _ 3 { V: 1 N i � FLA r; J r ff i� 0 i- t 2 A Q � Y V , v I S Y � H V � � J r, r' < � V � ✓ _- �� � �.,� >� '-. � PROJECT_ F LOCATION _ 3 { J 1 FLA r; J /I ff TO: City Manager FROM: Finance Director RE: Annual Maplewood Historical Society Payment DATE: November 5, 2009 On September 11, 2001 the City Council approved a motion to include a $2,000 payment to the Maplewood Historical Society in the city's budget each year. This annual payment has been incorporated in the 2009 Budget. This year's payment of $2,000 needs to be authorized. Council authorization is needed annually to make the $2,000 payment because it is not a required payment. We are asking the council to approve the payment for 2009. Packet Page Number 171 of 171