HomeMy WebLinkAbout2009 11-23 City Council PacketAGENDA
MAPLEWOOD CITY COUNCIL
6:30 P.M. Monday, November 23, 2009
City Hall, Council Chambers
Meeting No. 23 -09
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
Acknowledgement of Maplewood Residents Serving the Country.
C. ROLL CALL
Mayor's Address on Protocol:
"Welcome to the meeting of the Maplewood City Council. It is our desire to keep all
discussions civil as we work through difficult issues tonight. If you are here for a Public
Hearing or to address the City Council, please familiarize yourself with the Policies and
procedures and Rules of Civility, which are located near the entrance. When you
address the council, please state your name and address clearly for the record. All
comments/questions shall be posed to the Mayor and Council. I then will direct staff, as
appropriate, to answer questions or respond to comments. "
D. APPROVAL OF AGENDA
E. APPROVAL OF MINUTES
1. Approval of November 9, 2009, Council Workshop Minutes
2. Approval of November 9, 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.)
1. Cancellation Of December 28, 2009, City Council Meeting
H. COUNCIL PRESENTATIONS
1. APPOINTMENTS AND PRESENTATIONS
J. PUBLIC HEARINGS
1. Consider Adoption Of The Revised Sign Ordinance — First Reading
K. UNFINISHED BUSINESS
1. Approval Of Conservation Easement For Priory Neighborhood Preserve
2. Approve Resolution For Adoption Of Electric Franchise Tax Rates For 2010
3. Approve Resolution Accepting Proposal On The Competitive Negotiated Sale
Of $2,770,000 General Obligation Refunding Bonds, Series 20096, And
Providing For Their Issuance.
L. NEW BUSINESS
1 . Authorization To Obtain Web Streaming Services
2. Sidewalk Improvement (English Street South of Burke Circle), Project 09-17
a. Report On Cost Of Work Done By Day Labor
b. Resolution Accepting Work
3. Rice Street /TH 36 Interchange Improvements, City Project 09-07, Resolution
Ordering Preparation Of Feasibility Study
4. Approval Of Resolution Adopting 2010 Assessment Rates, Public Works Permit
Fees, And PAC Charges
5. Approval Of Resolution For 2010 Community Development Fees
6. Approval Of Lions Park Master Plan And Authorize Staff To Prepare Plans And
Specifications
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 Fire Department From Residential
Mortgage Group
3. Resolution Accepting Donation To The Community Center In Memory Of North
St. Paul Police Officer Richard Crittenden
4. Kohiman Area Street Improvements, City Project 07-21
a. Approval Of Final Project Financing And Closure Of Fund 584
b. Authorize Transfer Of Excess Funds
5. Lark-Prosperity Street Improvements, City Project 07-15
a. Approval Of Final Project Financing And Closure of Fund 584
b. Authorize Transfer Of Excess Funds
6. Hazelwood Street Improvements, City Project 07-25, Approve Final Payment
And Acceptance of Project
7. Approval Of Mn/DOT Agency Agreement
8. Lift Station No. 17 Upgrades, Project 08-03, Resolution Approving Final
Payment And Acceptance Of Project (includes Change Order No. 1)
9. Approval Of Resolution For Six-Month Extension To Consider Property
Purchase Or Use Deed — Tax Forfeited Property
10. Approval Of 2010 SCORE Funding Grant Application
11. Resolution In Support Of The Community Access Preservation Act —
Councilmember Nephew
O. VISITOR PRESENTATION — PART 11
(NOTE: This is a continuation of VISITOR PRESENTATIONS from earlier in the
meeting and is intended to make time available if the item is not completed by 7:00 p.m.
-Not intended for new visitor presentation items.)
P. `ADJOURNMENT
Sign language interpreters for hearing impaired persons are available for public hearings upon request. The
request for this must be made at least 96 hours in advance. Please call the City Clerk's Office at 651.249.2001 to
make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability.
RULES OF CIVILITY FOR OUR COMMUNITY
Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings
— elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard
and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is
understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep
emotions in check and use respectful language.,;
THIS PAGE IS INTENTIONALLY LEFT BLAND
MINUTES
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
5:30 p.m., Monday, November 9, 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 5:31 p.m. by Acting Mayor Juenemann.
B. ROLL CALL
Diana Longrie, Mayor Absent
Erik Hjelle, Councilmember Absent
Kathleen Juenemann, Acting Mayor Present
John Nephew, Councilmember Present
Will Rossbach, Councilmember Present
C. APPROVAL OF AGENDA
Councilmember Nephew moved to approve the agenda as submitted.
Seconded by Councilmember Rossbach. Ayes — All
The motion passed.
D. UNFINISHED BUSINESS
1. 2010 Budget
a. Presentation of 2010 Budget Document
b. Discussion On Budget Revisions
1. Finance Director, Bob Mittet gave the presentation and answered questions of the
council.
2. City Manager, James Antonen answered questions of the council.
E. NEW BUSINESS
None.
F. ADJOURNMENT
Mayor Longrie adjourned the meeting at 6:30 p.m.
November 9, 2009
City Council Manager Workshop Minutes
Packet Page Number 5 of 206
MINUTES
MAPLEWOOD CITY COUNCIL
6:30 p.m., Monday, November 9, 2009
Council Chambers, City Hall
Meeting No.22 -09
Q
13
A
0
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 6:36 p.m. by Acting Mayor Juenemann.
PLEDGE OF ALLEGIANCE
ROLL CALL
Diana Longrie, Mayor
Erik Hjelle, Councilmember
Kathleen Juenemann, Councilmember
John Nephew, Councilmember
Will Rossbach, Councilmember
APPROVAL OF AGENDA
Present at 8:40 p.m.
Present until 8:50 p.m.
Present
Present
Present
Councilmember Nephew added H1. Special
Councilmember Rossbach
Seconded by Councilmember N
Ayes — All
The motion passed.
E. APPROVAL OF MINUTES
Approval of October 26, 2009 Workshop Minutes
Councilmember Rossbach moved to approve the October 26, 2009, City Council Workshop
Minutes as submitted.
Seconded by Councilmember Nephew.
Ayes — Acting Mayor Juenemann,
Councilmembers Nephew
& Rossbach
Abstain — Councilmember Hjelle
The motion passed.
November 9, 2009 Packet Page Number 6 of 206 1
City Council Meeting Minutes
Approval of October 26, 2409 City Council Meeting Minutes
Councilmember Hjelle had called corrections to the minutes into the city clerk.
Councilmember Rossbach moved to approve the October 26, 2009, City Council Meeting Minutes
as amended.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
F. VISITOR PRESENTATIONS — PART I
1. Bob Zick, 2515 White Bear Avenue, Maplewood. Discussed the upcoming changes with the
election of Councilmember Rossbach as Mayor and changes at the city in 2010. He also
spoke regarding the write in votes in the general election and how there should be more
detailed information included in the minutes for the visitor presentations.
2. John Wykoff, 2345 Maryland Avenue East, Maplewood. He discussed changes that are going
to occur when Councilmember Rossbach becomes Mayor in 2010.
3. Mark Bradley, 2164 Woodlynn Avenue, Maplewood. Spoke about Maplewood being at great
risk. He expressed concern in 3M and in its commitment staying in Maplewood. Also
Maplewood Mall being partially empty and his concern about the future of Maplewood and its
tax base.
4. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten indicated that she had
spoken during the last city council meeting she discussed Aldi's grocery store and that Aldi's
withdrew their application to build in Maplewood.
G. ADMINISTRATIVE PRESENTATIONS
H. COUNCIL PRESENTATIONS
1. Special Election — Councilmember Nephew
a. City Clerk, Citizen Services Director, Karen Guilfoile answered questions of the council
regarding the procedural options of conducting a special election.
1. APPOINTMENTS AND PRESENTATIONS
1079 MW
J. PUBLIC HEARINGS
1. Consider Adoption Of The Revised Wetland Ordinance And Wetland Classification Map
— First Reading
a. Environmental Planner, Shann Finwall gave the presentation
b. City Attorney, Alan Kantrud answered questions of the council.
November 9, 2009 Packet Page Number 7 of 206 2
City Council Meeting Minutes
c. Deputy Public Works Director, City Engineer, Michael Thompson answered questions of
the council.
d. City Manager, James Antonen answered questions.
A
7
Acting Mayor Juenemann asked if anyone wanted to address the council to come forward.
1. Elizabeth Sletten, 2747 Clarence Street North, Maplewood.
2. Mark Bradley, 2164 Woodlynn Avenue, Maplewood.
3. Ralph Sletten, 2747 Clarence Street North, Maplewood.
4. Dave Johnson, 2578 Lydia Avenue, Maplewood.
5. John Wykoff, 2345 Maryland Avenue East, Maplewood.
6. Linda Bryan, 1752 Gulden Place, Maplewood.
7. Bob Zick, 2515 White Bear Avenue, Maplewood.
8. Susie Winters, 1706 Barclay Street, Maplewood.
Acting Mayor Juenemann closed the public hearing.
Mayor Longrie arrived at the meeting as soon as the motion was made.
Councilmember Rossbach move
city's wetland regulations and ad
request for staff to create Ian=
its by reference the
e for the second ret
reduced buffers for the implementation of best m;
Seconded by Councilmember Nephew.
Seconded by Councilmember Hjelle.
The motion passed.
The council took a 10- minute recess.
UNFINISHED BUSINESS
None.
NEW BUSINESS
wetland map. The motion included a
of the ordinance which addresses
ractices.
— Councilmembers Hjelle
Juenemann. Nephew
Ayes — All
1. Approval Of The Resolution Canvassing The Results Of The November 3, 2009,
General Election
a. City Clerk, Citizens Services Director, Karen Guilfoile gave the report.
November 9, 2009 Packet Page Number 8 of 206 3
City Council Meeting Minutes
feet of a newly classified Manage A wetland and set the second reading for December 14, 2009.
Councilmember Nephew moved to approve the canvassing the results of the November 3, 2009
General Election.
Seconded by Councilmember Juenemann.
Ayes — All
The motion passed.
2. Approval Of Resolution For Adoption And Sanitary Sewer Rates For 2010
a. Finance Director, Bob Mittet gave the report.
Councilmember Nephew moved to approve the resolution authorizing the recycling and sanitary
sewer rates for 2010.
RESOLUTION 09 -10 -278
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 updat ed r ecycling and sa
January 1, 2010.
2. The updated recycling and
and sanitary sewer services
nitary se wer r aces shall beco me of fective beg inning
tary sewer rates are approved for all related recycling
eived on or after January 1, 2010.
3. The updated recycling and'sa nitary se wer rates shall beco me effective beg inning
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.
Seconded by Councilmember Ayes — Councilmembers Hjelle,
Juenemann, Nephew
& Rossbach
Ngy — Mayor Longrie
The motion passed.
3. Approval Of Resolution For Adoption Of Ambulance Rates For 2010
a. Finance Director, Bob Mittet gave the report.
b. Deputy Public Works Director, City Engineer, Michael Thompson answered questions of
the council.
c. Maplewood Fire Chief, Steve Lukin answered questions of the council.
Councilmember Rossbach moved to approve the resolution approving the Ambulance Rates for
2010.
RESOLUTION 09 -10 -279
ADOPTION OF THE 2010 AMBULANCE RATES
November 9, 2009 Packet Page Number 9 of 206 4
City Council Meeting Minutes
WHEREAS, the City of Maplewood has established ambulance rates, and
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.
Seconded by Councilmember Nephew.
The motion passed.
4. Approval Of Resolution For Adoption i
a. Finance Director, Bob Mittet gave the
b. City Manager, James Antonen addre,
Councilmember Nephew moved to table
2010.
the existing electric franchise fee for
Seconded by Mayor Longrie. Ayes — All
The motion to table passed.
5. Approval Of Resolution For Adoption Of Environmental Utility Fund Rates For 2010
a. Finance Director, Bob Mittet gave the report.
Councilmember Nephew moved to approve the resolution adopting a 7% increase in rates for the
Environmental Utility Fund.
RESOLUTION 09 -10 -280
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 updat ed E nvironmental U tility Fund r aces shall beco me of fective beg inning
January 1, 2010.
Ayes — All
Aric Franchise Tax Rates For 2010
November 9, 2009 Packet Page Number 10 of 206 5
City Council Meeting Minutes
2. The updated Environmental Utility Fund rates are approved for all related charges
received on or after January 1, 2010.
3. The updat ed E nvironmental U tility Fund r aces shall beco me of fective beg inning
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.
Seconded by Councilmember Juenemann.
Ayes — Councilmembers Juenemann,
Nephew & Rossbach
Ng y — Mayor Longrie
The motion passed.
6.Approval Of Authorization To Pay Additional Charges To Auditor
a. Finance Director, Bob Mittet gave the report.
Councilmember Juenemann moved to approve the payment of $20,000 to HLB Tautges Redpatl
LTD.
Seconded by Councilmember Rossbach. Ayes — All
The motion passed.
7. Consider Authorizing Consultant Contract For Review And Evaluation Of Water Utility
Capital And Operating Expenses'
a. Deputy Public Works Director, City Engineer, Michael Thompson gave the report and
answered questions of the council.
b. City Manager, James Antonen addressed and answered questions of the council.
Mayor Longrie asked if anyone wanted to address the council regarding this item.
1. Ralph Sletten, 2747 Clarence Street North, Maplewood.
Councilmember Nephew moved to table this item in order for staff to get additional information
and bring this back to the council for review.
Seconded by Mayor Longrie.
Ayes — All
The motion to table passed.
8. Consider An Amendment And Extension Of The Eureka Recycling Contract
a. Environmental Planner, Shann Finwall introduced the item.
b. Recycling Coordinator, Bill Priefer addressed the council.
c. Co- President Eureka Recycling, Tim Brownell, addressed the council.
November 9, 2009 Packet Page Number 11 of 206 6
City Council Meeting Minutes
d. Commissionmember, Environmental & Natural Resources Commission, Dale Trippler
addressed the council.
e. Owner, Tennis Recycling, Willie Tennis addressed the council.
f. City Manager, James Antonen answered questions of the council.
g. City Attorney, Alan Kantrud answered questions of the council.
Councilmember Rossbach moved to approve option two.
Seconded by Mayor Longrie.
The motion passed.
Ayes — Mayor Longrie,
Councilmembers Nephew &
Rossbach
Nay — Councilmember Juenemann
Councilmember Nephew moved to extend curfew to complete the agenda
Seconded by Councilmember Rossbach
The motion passed.
Ayes — Councilmembers Juenemann,
Nephew & Rossbach
Nay — Mayor Longrie
M. CONSENT AGENDA
1. Councilmembi
Seconded by Council
The motion passed.
2. Councilmember Juenemann moved to approve item 2.
Seconded by Councilmember Rossbach. Ayes — All
The motion passed.
1. Approval of Claims
Councilmember Juenemann moved Approval of Claims.
ACCOUNTS PAYABLE:
$ 1,072,742.17 Checks # 79624 thru # 79707
Dated 10119109 thru 10/27109
$ 311,933.87 Disbursements via debits to checking account
Dated 10/16/09 thru 10/23/09
November 9, 2009 Packet Page Number 12 of 206 7
City Council Meeting Minutes
$ 460,583.96
$ 119,022.72
$ 1,964,282.72
:•
Checks # 79708 thru # 79769
Dated 10/26/09 thru 11/03/09
Disbursements via debits to checking account
Dated 10/23/09 thru 10/30/09
Total Accounts Payable
$ 485,529.04 Payroll Checks and Direct Deposits dated 10/30/09
$ 560.00 Payroll Deduction check #1008008
dated 10/30/09
$ 486,089.04 Total Payroll
$ 2.450,371.76 GRAND TOTAL
Seconded by Councilmember Nephew
The motion passed.
2. Resolution Accepting Donation To The Poli
Group
a. Maplewood Police Chief, Dave
Councilmember Juenemann m
RMG to the police department.
Ayes — All
partment From Residential Mortgage
e report.
TION 09 -10 -281
NG 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.
November 9, 2009 Packet Page Number 13 of 206 8
City Council Meeting Minutes
The Maplewood City Council passed this resolution by four - fifths or more majority vote of its membership
on November 9, 2009.
Witnessed:
(Signature)
Mayor
(Title)
(Signature)
Chief of Police
(Title)
(Signature)
City Clerk
(Title)
(Date) (Date) (Date)
Seconded by Councilmember Rossbach. Ayes — All
The motion passed.
3. Kohlman Lane Area Street Improvements — City Project 07 -21, Resolution Approving Final
Payment And Acceptance Of Project
a. City Engineer, Deputy Public Works Director, Michael Thompson gave the report.
Councilmember Juenemann moved to approve the resolution for the Kohlman Lane Area Street
Improvements, City Project 07 -21 Approving final payment and acceptance of Project.
RESOLUTION 09 -10 -282
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 9th day of November 2009.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
4. Stillwater Road /TH 5 Street, Sidewalk, and Drainage Improvements, City Project 09 -04,
Resolution Approving Plans And Authorize Advertising For Bids
November 9, 2009 Packet Page Number 14 of 206 9
City Council Meeting Minutes
a. City Engineer, Deputy Public Works Director, Michael Thompson gave the report.
Councilmember Juenemann moved to approve the 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.
RESOLUTION 09 -10 -283
APPROVING PLANS
ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on July 27 2009, plans and
specifications for Stillwater Road/TH 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
cause to be inserted in the official paper and in the Con!
the making of such improvement under such approved 1
be published three times, at least thirty -one days before
work to be done, shall state that bids will be publicly op(
on the 18th day of December, 2009, at the city hall and
and filed with the clerk and accompanied by a certified c
Maplewood, Minnesota for five percent of the amount of
'ederal authorization of funds, shall prepare and
truction Bulletin an advertisement for bids upon
tans and specifications. The advertisement shall
the date set for bid opening, shall specify the
ied and considered by the council at 10:00 a.m.
iat no bids shall be considered unless sealed
ieck or bid bond, payable to the City 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
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
5. Approval Of Annual Maplewood Historical Society Payment
a. Finance Director, Bob Mittet
November 9, 2009 Packet Page Number 15 of 206 10
City Council Meeting Minutes
Councilmember Juenemann moved to approve the $2.000 payment to the Maplewood Historical
Society for 2009.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
N. AWARD OF BIDS
None.
O. VISITOR PRESENTATIONS — PART 11
Mayor Longrie adjourned the meeting at 11:16 p.m.
November 9, 2009 Packet Page Number 16 of 206 11
City Council Meeting Minutes
Agenda Item J.1
MEMORANDUM
TO: James Antonen, City Manager
FROM: Shann Finwall, AICP, Environmental Planner
SUBJECT: Consider Adoption of the Revised Sign Ordinance - First
Reading
DATE: November 16, 2009 for the November 23 City Council Meeting
INTRODUCTION
The city's sign ordinance gives guidelines to businesses and residents for visibility and
promotion, and protects the public health, safety, and welfare. Maplewood's sign
ordinance was adopted in 1977, with only minor revisions made since that time. In 2004
and 2005 the Community Design Review Board (CDRB) researched various aspects of
signs and ordinances, drafted amendments to the city's sign ordinance, and took public
comment regarding the amendments.
Based on this review, the CDRB recommended approval of a revised sign ordinance on
March 1, 2006. No action was taken on those revisions until April 14, 2009, when the
CDRB gave their support for the continuation of the sign ordinance revisions. Based on
this continued support, the city council discussed the sign ordinance revisions during a
workshop on June 1, 2009. The city council directed staff to bring the sign ordinance
back to the CDRB in order to obtain updated comments from the public prior to a first
reading.
DISCUSSION
Comments Received
Based on city council directive, city staff obtained additional comments on the proposed
sign ordinance revisions from the city council, planning commission, CDRB, staff,
business groups, and the public. Following is a recap of the comments received since
June 2009 and how the CDRB recommends addressing each of the issues.
City Council Workshop, June 1, 2009
Issue 1: Commercial window signs. The ordinance restricts temporary window signs to
30 percent coverage of a window, for a maximum of 30 days per sign. How does the
ordinance address more permanent signs in windows, such as neon - lighted beer signs?
CDRB Response: The CDRB removed the 30 -day time limits on window signs. This will
allow window signs to remain on a window for any amount of time, as long as the sign
doesn't exceed 30 percent coverage.
Issue 2: Off -site real estate signs. The ordinance allows directional and open house
real estate signs in the public right -of -ways, with a restriction of one sign per corner per
Packet Page Number 17 of 206
intersection. How will the city enforce the ordinance if there are five or more signs at an
intersection?
CDRB Response: The CDRB removed the restriction for the number of directional or
open house real estate signs at intersections.
Issue 3: Opinion vs. political signs. The ordinance allows one opinion sign up to 32
square feet per residential property and up to 64 square feet per commercial property.
Political campaign signs for local elections are limited to 16 square feet. We should
have more consistency so that all similar types of signs (i.e., opinion and political signs)
have the same size requirements.
CDRB Response: The CDRB changed the maximum size for opinion signs in residential
and commercial property to 16 square feet.
Community Design Review Board, August 11, 2009
Issue: Commercial window signs. What if a window sign is painted on a solid glass of
wall? Would they be limited to 30 percent of the entire wall?
CDRB Response: The CDRB added a definition for window which excludes solid walls
of glass.
St. Paul Area Association of Realtors, Government Affairs Committee, August 20, 2009
Issue: Off -site real estate signs. The city should regulate these signs using maximum
time limit rather than a maximum quantity restriction (see attached letter from the
SPAAR —Attachment 1).
CDRB Response: The CDRB removed the restriction for the number of directional or
open house real estate signs at intersections.
St. Paul Area Chamber of Commerce, Government Affairs Committee, October 14,
2009
No comments received.
Planning Commission, October 20, 2009
Issue 1: The proposal to limit window signs to 30 percent coverage for up to 30 days a
year will be hard to enforce.
CDRB Response: The CDRB removed the 30 -day time limits on window signs. This will
make the ordinance easier to enforce.
Issue 2: Are we going to enforce this ordinance?
CDRB and staff response: This sign ordinance will be enforced the same way our
existing sign ordinance is enforced. Permanent signs are regulated through the sign
permit process and temporary signs are monitored by the code enforcement officer,
2
Packet Page Number 18 of 206
planners, and building inspectors. Temporary signs are mainly dealt with on a complaint
basis.
Issue 3: How does our sign ordinance compare with other cities? We should be in line
with other nearby communities and be reasonable by comparison.
CDRB and staff response: During the CDRB's first phase of the sign ordinance
revisions, the board reviewed the following cities' sign ordinances: Woodbury, Oakdale,
Roseville, White Bear Lake, Brooklyn Center, and Edina. The comparison illustrated
that on average Maplewood has the fewest number of prohibited types of signs, allows
above- average sign sizes, and allows the greatest number of temporary signs without
permits.
White Bear Avenue Association of Realtors, Networking Event, October 26, 2009
Issue 1: Is the city proposing new sign regulations because there are problems with the
existing sign ordinance or because the city wants to update the regulations?
CDRB and staff response: Ordinances should be reviewed and updated frequently to
ensure they are meeting a city's needs. The Maplewood sign ordinance was adopted 32
years ago, in 1977, with only minor revisions made since that time. The CDRB, in its
charge to give recommendations on building and sign design elements, began the sign
ordinance review in 2004 in an attempt to update the ordinance. In addition to the
update, city staff receives a number of temporary sign complaints, which reflects a
problem with the existing temporary sign ordinance. Regarding permanent signs,
business owners rarely have complaints about permanent signs since the city's sign
ordinance is very liberal in its allowance of size and number of signs. City staff does
receive occasional complaints from residents about the size, location, or lighting of
particular signs.
Issue 2: The city is restricting a property owner's freedom of speech by restricting the
size of opinion signs.
CDRB and staff response: The current sign ordinance does not have any language
ordinance does not have language addressing opinion or noncommercial signs. The
proposed ordinance would allow one opinion sign (i.e., "Support our Troops ") up to 16
square feet per property. In addition, the League of Minnesota Cities recommends that
cities add a substitution clause to sign ordinances that allows noncommercial messages
to be legally substituted onto any permitted sign. This will ensure that noncommercial
speech is never discriminated against based on content because the ordinance will allow
a noncommercial message on any sign that meets the city's sign regulations for location,
size, etc.
Issue 3: Small businesses depend on temporary signs for advertisement, the city should
consider less restrictive regulations on these signs.
CDRB and staff response: The purpose of the sign ordinance revisions is to establish a
comprehensive and impartial system of sign regulations that balance the need for
effective visual communication with the need for a safe, well- maintained, and attractive
community.
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There are some changes to the temporary sign ordinance which are less restrictive. As
an example, off -site directional real estate signs are currently allowed from noon until 8
p.m. on the weekdays and from 6 a.m. the first day of the weekend until 8 p.m. the last
day of the weekend. The proposed ordinance would allow these signs 24 -hours a day,
for a total of 30 days per real estate listing.
There are some changes to the temporary sign ordinance which are more restrictive. As
an example, portable temporary signs over 16 square feet are allowed for up to 30 days
per year, per business (60 days for new businesses), with a sign permit. Portable
temporary signs under 16 square feet are not regulated in our current ordinance. This
has lead to businesses installing "temporary" portable signs under 16 square feet on a
permanent basis. The city receives complaints from other business owners on the
permanent nature of these "temporary" signs.
Issue 4: The city should not regulate the aesthetics of a sign.
CDRB and staff response: The ordinance does not regulate sign aesthetics directly.
The city's current sign ordinance requires approval of a comprehensive sign plan for
multi - tenant buildings with five or more tenants. The comprehensive sign plan is
approved by the CDRB, who base their recommendations on an improving the
relationship between signs and the architectural design of the building, which is a form of
regulating aesthetics. The proposed ordinance adds comprehensive sign plan
requirements to other types of signs including dynamic display wall signs, large
campuses, shared signs, planned unit developments, murals on business premises, and
temporary sports facility sponsorship signs. In addition, the proposed ordinance requires
that the base of a freestanding sign must be architecturally compatible with the building
or project. These requirements lead to better quality visual communication for
businesses and a more attractive community for the city.
City Staff Review, November 2009
Issue 1: Karen Guilfoile, city clerk, requests that the sign ordinance address the duration
of political sign placement for unsuccessful primary candidates as follows:
"Unsuccessful primary candidates must remove their signs within ten days after any
given primary."
CDRB Response: This language was added to the ordinance.
Issue 2: Jim Taylor, recreation supervisor, requests that the sign ordinance allow for
temporary sports facility sponsorship signs as a way to generate funding for recreational
facilities within parks.
CDRB Response: The board is proposing to allow temporary sports facility sponsorship
signs with approval of a comprehensive sign plan. Since the city currently does not have
regulations on signs in parks, the board also added a park sign section, which includes
allowable permanent park identification signs and special event temporary signs within
parks.
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Dvnamic Displav Sian Ordinance. Auaust 11. 2008
This ordinance was adopted by the city council after the CDRB's recommendations for
overall sign ordinance revisions in 2006. The ordinance language was added to the
draft sign ordinance attached. The city council also adopted a revision to the city's
licensing ordinance which requires that all dynamic display signs be licensed yearly by
the city. This language is included in the city's licensing ordinance.
Major Changes Proposed
Following are the major changes proposed to the sign ordinance:
Temporary Signs
Temporary Portable Signs: The ordinance currently allows temporary portable signs
under 16 square feet to be installed on business property with no permit and no duration
or maximum number. Temporary signs over 16 square feet are only allowed with a
permit. The permit is valid for 30 days per year, per business (60 days for new
businesses).
The proposed ordinance would now limit portable temporary signs under 12 square feet
to one per property without a permit and signs over 12 square feet to one per property
with a permit. These signs can be installed for a maximum of 30 days per year for each
property (60 days for new businesses). For businesses with multiple occupants, each
separate tenant is permitted one sign under 12 square feet with no more than three
signs allowed on the property at any one time and only one sign over 12 square feet at
any one time.
Commercial Window Signs: The ordinance currently allows businesses to place signs in
windows not to exceed 75 percent coverage of the window with no time duration.
The proposed ordinance would allow businesses to place signs in the window not to
exceed 30 percent coverage.
Off -Site Real Estate Signs: The current ordinance allows these signs from noon until 8
p.m. on the weekdays and from 6 a.m. the first day of the weekend to 8 p.m. on the last
day of the weekend.
The proposed ordinance will allow off -site real estate signs within the right -of -way for up
to 30 days per real estate listing and open house signs the entire day of an open house.
Temporary Banners: The current ordinance allows temporary banners up to 150 square
feet for 30 days with no limit to the number of banners per business.
The proposed ordinance would allow one banner up to 32 or 64 square feet (depending
on the zoning district) for up to 60 days per year, per property. No more than one
banner may be displayed per property at any one time, except for multiple - tenant
buildings which are allowed up to three.
Opinion Signs: The current ordinance does not have an regulations on signs that
express a viewpoint of a noncommercial nature.
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Packet Page Number 21 of 206
The proposed ordinance would limit such signs to one per property, up to 16 square feet.
In addition, a substitution clause was added which allows all noncommercial messaging
to replace commercial messages on approved signs.
Political Campaign Signs_ The city adopted a change to the political campaign sign
ordinance in August 2005. The new ordinance applies during local elections only and
restricts the size of political campaign signs to 16 square feet, the number of signs to
one per candidate per property, and timeframe for placement of the political sign from
August 1 to ten days after an election.
The CDRB's proposed draft sign ordinance expands on that language to cover special
elections and primary candidates. The proposed ordinance allows political campaign
signs to be posted for special elections or referendums from the date of filing until ten
days following said special election or referendum and primary candidate signs must be
removed within 10 days after an unsuccessful primary election.
Commercial Signs (Areas Zoned LBC, CO, NC, BC, BC -M, M1, and M2)
Wall Signs: The current ordinance allows wall signs up to 20 percent of the gross wall
area on which it is attached for all commercial areas. The proposed ordinance would
change the calculation of wall signage allowance in the BC, BC -M, M1 and M2 districts
to the gross square footage of the principal structure on the property as follows:
Principal Structure Gross Sq. Ft. of
Floor Area
Maximum Size and Coverage Area of Each
Sign
Less than 10,000 sq. ft
80 sq. ft. or 20% of wall face, whichever is less
10,000 to 20,000 sq. ft.
100 sq. ft. or 20% of wall face, whichever is less
20,000 to 100,000 sq. ft.
150 sq. ft. or 15% of wall face, whichever is less
Greater than 100,000 sq. ft.
200 sq. ft. or 10% of wall face, whichever is less
The proposed wall sign ordinance for the LBC, CO, and NC districts will remain 20% of
the gross wall area on which it is attached.
Freestanding Signs_ The current ordinance regulates freestanding sign size and height
within the BC, BC -M, M1, and M2 districts based on the size of the lot and setback of the
sign. The maximum freestanding sign size allowed is 300 square feet and the maximum
height is 50 feet. The proposed ordinance will base the size of freestanding signs on
street classification of the closest street to which each freestanding sign is located as
follows:
Classification of
Street
Maximum Sign
Size (sq. ft.)
Maximum Height of
Pylon (feet)
Maximum Height
of Monument Sign
feet
Principal Arterial
180
25
12
Minor Arterial
140
20
12
Collector Street
100
15
10
Local Street
80
12
10
The current ordinance allows freestanding signs within the LBC, CO, and NC up to 80
square feet and 25 feet high. The proposed ordinance will allow a maximum of 64
square feet and 10 feet high.
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i ••. i
The current ordinance allows billboards in commercial areas with a sign permit. The
proposed ordinance would allow billboards with the approval of a conditional use permit.
In addition, they may only be located adjacent to a principal arterial street in the SC, BC,
M -1, and M -2 districts and must maintain a distance of 250 feet to a residential district or
800 feet to a residence. The dynamic display sign ordinance approved in 2006 also
addresses the changeover rate for dynamic display signs when installed on billboards,
which is limited to 15 seconds.
SUMMARY
The draft sign ordinance has undergone thorough research, planning, and reviews by
the CDRB, planning commission, city council, business groups, staff, and residents. The
end result is an ordinance that attempts to establish a comprehensive and impartial
system of sign regulations that balances the needs for effective visual communication
including business identification and the needs for a safe, well - maintained, and attractive
community.
RECOMMENDATION
Approve the first reading of the attached ordinance (Attachment 2). This ordinance
revises the city's sign regulations it its entirety.
P /Ord /Signl11 -23 -09 (First Reading)
Attachment:
1. St. Paul Area Association of Realtors Correspondence
2. Draft Sign Ordinance
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Packet Page Number 23 of 206
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president
Roe Leon Malone, GRi
Attachment 1
executive vice president represented by one intersection are being held open on the same day. Four REALTORS stake their claim with simis and
Keith 0. Holva, R( the remaining are unable to market the open house on behalf of their clients, the home owner. How is it explained to
the Maplea =ood resident that four homes can be marketed on that street corner but theirs may not?
We urge you to consider revising the larguaae to remove the quantity restriction of 4 open house and 4 directional signs
and insert a time period for signage display. We could provide you with examples of the type of language which could
accommodate our requests.
Again, thank you for allowing us to provide input to the proposed chanLes.
Sincerely,
z
B. Patrick Ruble, Government Affairs Director
Packet Page Number 24 of 206
October 16, 2009
president -elect
leT lTZill', STaVae)
Shaun Finivall, AICP
secretary
Planner
i1'.citaid Mescabai,Q
City of Maple-wood
treasurer
1830 County Road B East
,,a_ Horev A
Maplewood, MN 55109
director -at -large
Dear Ms. Finok-all,
1. t n mc{ tFl Scltale...
past president
Thank you for attending the Saint Paul Area Association of REALTORSCRD Government Affairs committee in Aumzst.
is Bonlncsn
The update you provided on the city's plans for its sigm ordinance was very informational. hlviting REALTORS ®r the
rc„
opportunity to Dive feedback on the language was appreciated and hopefully beneficial to you and the city as this moves
board of directors
fonvard.
Kot icen B2ckazan
Java, Crn g
For the most part the language drafted as part of the sign ordinance revision is clear, understandable and reasonable.
F filtolk,' ClD il'vaR
lason Oo -,n.an
However, after revieR'n1lz and discussing the language the committee is clear that the proposed language concernaw off
To:n lanes
site directional and open house real estate signs is unacceptable.
Ce(kn Kndk7e
Jcrrifer,malas
There is concern that by limiting the number of signs to an intersection on a first -come, first serve basis may violate
Nlechel"le NI'lioTnc
certain rights, create undue competition and culminate in adv erse affects among REALTORS and the consumers they
Bct Rivera
vera
-
lose �qintpah
represent.
}'G- 1wie) IE'et�i�
bya I'oetng
The committee suggests that the City of Maplewood revise the language of the ordinance in this section to regulate the
realtor of the year
simaage in intersections usiii a time frame rather than a quantity restriction. Many communities have successfully
Clot tiea coTnv
remzlated the use of directional and open house sim7age by limiting the time period they may be posted We have found
state directors
the objection to open house signs by residents isn't the number of signs posted, but rather the length of time a sign is left
liCc, Bonlncsn
remaining in the public's view. The lonver the sign remains posted the more Near and tear it receives and unsightly it
lack?vlc lr
becomes. However, by using a time restriction during a period when the public is accustom to home oc4-ners holding an
1, t is '1� c / IIl ScItale"
open house becomes much more palatable.
national directors
Jolui Pieir
Another concern regarding quantity revolves around the instance when five properties or more in a prescribed area best
executive vice president represented by one intersection are being held open on the same day. Four REALTORS stake their claim with simis and
Keith 0. Holva, R( the remaining are unable to market the open house on behalf of their clients, the home owner. How is it explained to
the Maplea =ood resident that four homes can be marketed on that street corner but theirs may not?
We urge you to consider revising the larguaae to remove the quantity restriction of 4 open house and 4 directional signs
and insert a time period for signage display. We could provide you with examples of the type of language which could
accommodate our requests.
Again, thank you for allowing us to provide input to the proposed chanLes.
Sincerely,
z
B. Patrick Ruble, Government Affairs Director
Packet Page Number 24 of 206
01 i i
Attachment 2
AN ORDINANCE AMENDING THE MAPLEWOOD SIGN REGULATIONS
The Maplewood city council approves the following changes to the Maplewood Code of
Ordinances:
This amendment revises Article III (Sign Regulations) in its entirety.
Section 1. Purpose and Intent
The purpose of this ordinance is to establish a comprehensive and impartial system of sign
regulations that balances the needs for effective visual communication including business
identification and the needs for a safe, well - maintained, and attractive community. It is intended
through the provisions contained herein to:
(a) Promote signs which by their design and dimensions are integrated and harmonized with
the surrounding environment and the buildings and sites they occupy.
(b) Protect the public from damage or injury caused by signs that are poorly designed or
maintained and from signs that cause distractions or hazards to motorists and pedestrians using
the public streets, sidewalks, and public right -of -way.
(c) Avoid excessive signage in order to give each business or use optimum visibility to passer-
by traffic and prevent cluttering of the streetscape.
(d) Allow noncommercial copy to be substituted for commercial copy on any lawful sign
structure.
Section 2. Comprehensive Sign and Mural Plans
A comprehensive sign plan shall be provided for the following:
(a) Business premises with (5) or more tenants on the premise and all multiple -story buildings
with (2) or more tenants in the building.
(b) Dynamic display wall signs.
(c) Large campuses consisting of buildings and land of ten (14) or more acres.
(d) Shared signs.
(e) All developments approved as a planned unit development.
(f) Murals on business premises.
(g) Temporary sports facility sponsorship signs, subject to approval of a comprehensive sign
plan and standards as defined in Section 12 (Signs in Park Land Use Districts).
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Such a plan, which shall include the location, size, height, color, lighting and orientation of all
signs and/or murals, shall be submitted for preliminary plan approval by the city. Exceptions to
the sign ordinance of this article may be permitted for sign areas, densities, and dynamic display
changeover rates for the plan as a whole if the signs are in conformity with the intent of this
article, results in an improved relationship between the various parts of the plan, and
encourages and promotes the removal of nonconforming signs through the use of shared signs.
In addition, murals must be tasteful, in keeping with the business premise and surrounding
properties, and not contain any defamatory, obscene, treasonous expressions or opinions,
including graffiti.
Comprehensive sign plans shall be reviewed by the community design review board. The
applicant, staff, and city council may appeal the community design review board's decision. An
appeal shall be presented to the administrator within 15 days of the community design review
board's decision to be considered by the city council.
Section 3. Definitions
Administrator. The director of community development or other person charged with the
administration and enforcement of this ordinance.
Advertising Balloon. Any inflatable temporary sign.
Alteration. Any major alteration to a sign, but shall not include routine maintenance, painting or
change of the sign face of an existing sign.
Awning. A covering attached on the facade of a building which projects typically over a door,
window, or sidewalk.
Awning Sign. A sign affixed flat to the surface of an awning which does not extend vertically or
horizontally beyond the limits of such awning.
Banner Sign. A temporary sign that is made of flexible material, contains a message, and is not
inflatable.
Billboard. A sign which advertises a product, event, person, institution, activity, business,
service or subject not located on the premises on which said sign is located. This definition
shall not include an off -site real estate sign.
Changeable Copy Message Board. A sign or portion of a sign which is characterized by
interchangeable letters and figures. This definition shall not include dynamic display signs.
Collector Streets. As defined in the city's comprehensive plan these are roadways designed to
carry traffic between the arterial system and the local system, convey intra - community traffic
between neighborhoods, business centers, industries, parks and the like, and provide direct
access to abutting properties.
Construction Sign. A temporary sign erected on the premises prior to or during construction,
indicating the names of the architects, engineers, landscape architects, contractors or similar
artisans, and /or the owners, financial supporters, sponsors, and similar individuals or firms
having a role or interest with respect to the structure or project.
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Directional Information Sign. A sign, generally informational, that has a purpose secondary to
the use of the property upon which it is located, intended to facilitate the movement of
pedestrians and vehicles within the site and identify the location and nature of a building not
readily visible from the street.
District. The land use or zoning districts as designated on an official land use or zoning map of
the city and described in the district regulations.
Dwelling Unit. Any structure or portion of a structure that is designated as short -term or long-
term living quarters, including motel units, hotel units, or cabins.
Dynamic Display Sign. Any sign designed for outdoor use that is capable of displaying a video
signal, including, but not limited to, cathode -ray tubes (CRT), light- emitting diode (LED)
displays, plasma displays, liquid - crystal displays (LCD), or other technologies used in
commercially available televisions or computer monitors. Signs with this technology which are
placed by a public agency for the purpose of directing or regulating pedestrian or vehicle
movement are exempt from this ordinance.
Flags. Any device generally made of flexible materials, such as cloth, and displayed on strings
containing distinctive colors, patterns, or symbols used as a symbol of government, political
subdivision, or other entity.
Flashing Sign. An illuminated sign which contains flashing lights or exhibits with noticeable
changes in light intensity.
Freestanding Sign. A sign that is attached to, erected on, or supported by an architecturally -
planned structure (such as a pole, mast, frame, or other structure) that is not itself an integral
part of or attached to a building or other structure whose principal function is something other
than the support of a sign. This definition includes pylon signs and monument signs.
Garage Sale Sign. A sign that advertises the sale of personal property from a person's home.
This definition includes, but is not limited to, yard -sale, craft, boutique and estate -sale signs.
Gas Station Canopy Sign. A sign affixed to the canopy of a gas station pump island which may
or may not be attached to the principal building.
Graffiti. Unauthorized markings of paint, dye, or other similar substance that have been placed
on real or personal property such as buildings, fences, transportation equipment, or other
structures, or the unauthorized etching or scratching of the surfaces of such real or personal
property, any of which markings, scratching, or etchings are visible from premises open to the
public.
Ground Grade. The elevation of the ground closest to the sign to which reference is made.
Illuminated Sign. A sign that is illuminated internally by a light source inside the sign or
externally by means of external light fixtures directed at the sign.
Local Streets. As defined in the city's comprehensive plan these are roadways that serve short
trips at low speeds.
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Menu Board. An outdoor sign which lists available menu offerings for drive- through customers
at a retail establishment which includes a permitted drive - through component, for the purpose of
enabling customers to order from the menu and where the advertising or promotional
component of the sign is secondary.
Minor Alteration. A change of sign copy, sign face, sign color, or modifications or repairs to an
existing sign that are cosmetic in nature or include a replacement of parts. Expansion of an
existing sign does not constitute a minor alteration.
Minor Arterial. As defined in the city's comprehensive plan these are roadways that connect
sub - regions that are the closest routes parallel to the principal arterials and supplement and
provide relief for traffic to the principal arterial.
Monument Sign. A sign not supported by exposed posts or poles located directly at the grade
where the width dimension of the architecturally designed base is 50 percent or more of the
greatest width of the sign face.
Multiple Tenant Building. A commercial building containing two (2) or more tenants.
Mural. A design, image, or expression on the exterior of a building, generally for the purpose of
decoration or artistic expression, including, but not limited to paintings, markings, and etchings
and does not include any on or off -site advertisement.
Noncommercial Opinion Signs. A sign that expresses an opinion or point of view that does not
advertise any product, service, or business, or display a commercial message, excluding
political campaign signs.
Nonconforming Sign. A sign lawfully erected and maintained prior to the adoption of this
ordinance that does not conform to the requirements of this ordinance.
On -Site Real Estate Sign. A sign advertising the sale, lease, or rental of real estate upon which
the sign is located.
Off -Site Directional and Open House Real Estate Sign. A sign located within the public right -of-
way that advertises the sale, lease, or rental of real estate or the open house for such real
estate located off the premises where the sign is located.
Off -Site Real Estate Sign. A sign advertising the sale, lease, or rental of real estate for single or
multiple- family housing developments located off the premises where the sign is located.
Painted Wall Sign. A sign painted or administered through adhesive tape directly on the exterior
wall of a building or structure excluding murals.
Principal Arterial. As defined in the city's comprehensive plan these are roadways designed to
carry the highest volume of traffic, allow the highest speeds, are for the longest trips, and
provide sub - regional, regional, and inter - community access.
Principal Use. The main purpose for which land, buildings, or structures are ordinarily used
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Professional Occupation Sign. A sign which contains no advertising but is limited to the name,
address, telephone number, and occupation of the person carrying on a permitted home
occupation out of residential use.
Property Frontage. The property lines or lease lines at the front of a building in which the
business is located or the location of the main public entrance of the building.
Political Campaign Sign. A temporary sign promoting the candidacy of a person running for a
governmental office or promoting a position or an issue to be voted on at a governmental
election.
Portable Sign. A sign constructed to be movable from one location to another and not
permanently attached to the ground or to any immobile structure or any device whose primary
function during a specific time is to serve as a sign.
Public Service Sign. Any sign primarily intended to promote items of general interest to the
community.
Project Sign. A temporary sign which identifies a proposed or new development.
Projecting Sign. A sign, other than a wall sign, which is supported and projects from more than
(18) inches at a right angle from the wall of a building.
Pylon Sign. A sign that is mounted on a narrow freestanding pole or other support structure so
that the bottom edge of the sign face is (6) feet above the architecturally designed base.
Residential Use Building. Any dwelling, boarding, lodging or rooming house, dormitory unit,
fraternity, or sorority house.
Roof Line. The uppermost line of the roof of a building or, in the case of an extended facade,
the uppermost height of said facade.
Roof Sign. A sign erected upon the roof of a building or extending above the roof line of the
building to which it is attached, and which is wholly or partially supported by said building.
Sign. Any structure, device, advertisement, advertising device, or visual representation
intended to advertise, identify, or communicate information and to attract the attention of the
public for any purpose. A sign includes any illuminated or non - illuminated symbol, letter, logo,
figure, illustration or form painted or otherwise affixed to a building or structure, excluding
murals. A sign also includes any beacon or searchlight intended to attract the attention of the
public for any purpose. For the purpose of removal, signs shall also include all sign structures.
Architectural lighting, such as neon that has no sign copy, shall not be considered to be a sign.
Sign Area. The entire area within a continuous perimeter enclosing the extreme limits of the
sign message and background. In the case of a sign designed with more than one exterior
surface, the area shall be computed as including only the maximum single display surface which
is visible from any ground position at one time. The supports, uprights, or structures in which
any sign is supported shall not be included in determining the sign area.
Sign Face. The surface of the sign including letters and background upon, against, or through
which the message is displayed or illustrated.
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Sign Structure. The supports, braces, and framework of a sign.
Street Frontage. The linear frontage of a parcel of property abutting a street
Special Event Sign. A temporary sign or display erected by a civic organization, religious
organization, or other non - profit organization or group for the purpose of identifying a non
commercial, one -time, or annual special event.
Temporary Displays. Temporary displays or features that do not clearly fall into the definition of
a sign, but which direct attention to a product, place, activity, business, person, institution, or
organization. Temporary displays include three - dimensional shapes, inflatable objects, search
lights, and other similar devices.
Temporary or Seasonal Sign. A sign for a specific advertisement purpose that is of a limited
duration and is not permanently attached to the ground or wall.
Wall Sign. A flat sign which does not project more than eighteen (18) inches from the face or
wall of the building upon which it is attached, running parallel for its whole length to the face or
wall of the building, and which does not extend beyond the horizontal width of such building.
Window. Any transparent or translucent glass or similar material that comprises part of the
surface of a wall, regardless of its movability. Entire walls of transparent or translucent glass or
similar material is excluded from this definition.
Window Sign. A sign painted on a window or placed inside the building to be viewed through a
window by the public. This does not include merchandise on display in a window, seasonal
displays of holiday pictures, decals, lights, and decorations that do not contain a commercial
message or signs which are legally required to be posted.
Wall Surface of Building. The total horizontal surface area of the building face to which the sign
is attached, including windows and door areas, measured to the extreme outer limits of such
wall surface.
Section 4. Sign Area and Height Computation
(a) Where the sign is a separate panel, structure, or other material forming a single display, the
area of the message display face shall constitute the area of the sign. The supports, uprights,
bases, or structures on which any sign is supported shall not count towards the sign area unless
the supports, uprights, bases, or structures are an integral part of the sign display.
(b) Where the sign is designed with more than (1) exterior sign face, the sign area shall be
computed as including only the maximum single display surface which is visible from any
ground position at one time.
(c) Where the sign consists of any combination of individual letters, panels, numbers, figures,
illustrations, or of a line or lines, to form a display or sign, the area of the sign shall be computed
using the outside dimensions of the various words, figures, and illustrations composing the
entire sign.
(d) The sign coverage area includes the area of the message display face and the frame,
background, and supports for a sign.
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(e) The height of a sign shall be measured by the vertical distance from the ground grade to the
top of a sign.
Section 5. Nonconforming Signs
(a) Nonconforming Permanent Signs. Nonconforming permanent signs lawfully existing on the
effective date of this ordinance shall be allowed to continue in use, but shall not be rebuilt,
relocated or altered, other than minor alterations including routine maintenance, painting, or
refacing the copy of sign, without being brought into compliance with this ordinance. After a
nonconforming sign has been removed, it shall not be replaced by another nonconforming sign.
(b) Nonconforming Temporary Signs. Nonconforming temporary signs existing on the effective
date of this ordinance shall be brought into compliance or removed within (60) days from the
effective date of the ordinance.
Section 6. Enforcement Procedures
(a) Permanent Signs. The city shall send a notice to the owner of any permanent sign in
violation of the provisions of this ordinance. The notice shall require that the owner correct all
ordinance violations. If the sign is not a safety hazard, the city shall allow (30) days for the
owner to correct the violation. If the sign is a safety hazard the city shall take immediate action
to end the hazard.
(b) Temporary Signs. The city shall send a notice to the owner of all other illegal temporary
signs and allow (7) days for the owner to correct all ordinance violations or remove the sign.
(c) Removal of Signs. If the sign owner does not obey the city's orders, the city may remove or
alter the sign at the owner's expense under the procedures of Sections 18 -36 through 18 -38
(Notice to Abate). The city may remove illegal signs on a public right -of -way without notice. If
the city removes a sign the city may sell or dispose of it if the owner does not reclaim the sign
and pay any removal costs within (30) days of the sign's removal.
Section 7. Prohibited Signs
(a) Signs or sign structures attached or supported on balconies, fences, or other non-
permanent structures.
(b) Signs attached or supported on a permanently parked vehicle or semi- trailers intended to
advertise a business, product, or service. Not including signs painted directly on a parked
vehicle or semi - trailer used in the business or facility or on site for business purposes.
(c) Signs on rocks, trees, or other natural features or public utility poles.
(d) Permanent or temporary signs that have blinking, flashing, fluttering lights, or make noise.
(e) Signs or sign structures that obstruct any part of a fire escape, doorway, standpipe, or
opening intended to provide ingress or egress for any building structures.
(f) Signs that by reason of location, color, or intensity create a hazard to the safe, efficient
movement of vehicles or pedestrian traffic. No private sign shall contain words which might be
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construed as traffic controls such as "stop," "caution," "warning," etc., unless such sign is
intended to direct traffic on the premises.
(g) Painted wall signs.
(h) Roof signs.
(i) Signs that advertise a product or service not sold on the property, except for billboards or
other off -site signs where specifically permitted in this ordinance.
Q) Signs having features or incorporating parts of any sign prohibited in this ordinance.
Section 8. Signs Exempt from Regulations in this Ordinance
(a) Any public notice or warning sign required to be maintained or posted by law or
governmental order, rule, or regulation.
(b) Flags and emblems of a political, civic, religious, or other non - commercial nature. Flags
that do not meet these requirements will be considered banners and be regulated as such.
(c) Any sign inside a building, not attached to an exterior window, that is not legible from a
distance of more than (10) feet.
(d) Traffic control signs, as defined by state law.
(e) Memorial plaques, cornerstones, historical tablets, and the like
(f) Seasonal displays of holiday lights and decorations that do not contain a commercial
message.
Section 9. Sign Permits
If a sign requires a permit the property owner shall secure the sign permit prior to the
construction or major alteration of such a sign. No sign permit of any kind shall be issued for an
existing or proposed sign unless such sign is in compliance with the requirements of this
ordinance.
(a) Application
The application for permission to erect or alter any such sign shall be in writing, using a current
Sign Permit Application, and signed by the owner or occupant of the building. The application
shall specify the location, height, dimensions of the sign and, where applicable, the dimensions
of the wall surface of the building to which it is to be attached and total square footage of the
building. Applications shall be accompanied by a sketch of the sign and any other facts the city
requires for full information of the nature and safety of the proposal. An electrical permit is also
required for all signs containing electrical wiring.
(b) Appeals
When a permit under this ordinance is denied, the administrator shall give notice to the
applicant within (30) days of denial, together with reasons for denial. Appeals from the
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decisions of the administrator under the provisions of this ordinance shall be made to the city
council. Denial shall be based on noncompliance with this ordinance.
(c) Fees
The city council shall set all sign permit fees annually.
(d) Time Limits
(1) A sign permit shall become null and void if the work for which the permit was issued has
not been completed within one year of the issuance or renewal.
(2) All permits for the erection or alteration of signs shall be issued for the useful life of the
sign. Minor alterations to an existing sign including routine maintenance, painting, or
refacing the copy do not require a new sign permit.
Section 10. General Regulations and Standards
All signs shall be constructed in a manner and of such materials that they shall be safe and
substantial and in compliance with the building ordinance. In addition, all signs containing
electrical wiring shall be subject to the provisions of the current state electrical ordinance.
(a) Maintenance
All signs in the city, together with all of their supports, braces, and anchors, shall be kept in
repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly
painted or posted at all times. Every sign and the immediate surrounding premises shall be
maintained by the owner or person in charge thereof in a clean, sanitary, and inoffensive
condition, and free and clear of all obnoxious substances, rubbish, and weeds.
(b) Attachment to Buildings
All signs attached to a building shall not obstruct any fire escape, exit, standpipe, or any window
required for light or ventilation. The signs shall be placed flat against the building and project no
further than (18) inches from the building except where specifically allowed in this ordinance.
(c) Freestanding Sign Placement
All signs not attached to any building or structure shall maintain at least a (10) foot setback from
any lot line and shall not be placed in a public right -of -way unless specifically stated otherwise in
this ordinance. No such sign shall project over a property line or a public right -of -way, except
where allowed in this ordinance, and all required clearances from overhead power and service
lines must be maintained. Signs placed near the corner of two intersecting streets shall comply
with clear sight triangle requirements in Article VII, Section 32 -246 through 32 -251 (Sight
Obstructions at Intersections).
(d) Illumination
All illuminated signs must be in compliance with the city's outdoor lighting requirements in
section 44 -20. In addition, illumination for all signs shall be constant and steady. See also
Section 7.d. (Prohibited Signs).
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Section 11. Special Purpose and Temporary Signs Permitted in All Zoning Districts
All signs listed below do not require a sign permit and shall not count towards the building or
property maximum signage allowed unless otherwise noted:
(a) Construction Signs
One construction sign is permitted just prior to or during construction of a development. Each
construction sign shall not exceed a ratio of (1) square foot of sign area for each (1,000) square
feet of lot area. In no case shall the area of the sign exceed (64) square feet and (10) feet in
height. The sign shall be removed after major construction has finished.
(b) Directional Information Signs
On -site directional information signs not exceeding (6) square feet and (6) feet in height are
permitted for all types of property except single and double - dwelling lots.
(c) Garage Sale Signs
Garage sale signs not exceeding (3) square feet and (3) feet in height are permitted on private
property or in the public right -of -way. No part of such sign shall be closer than (5) feet to the
street pavement or (1) foot to a sidewalk or trail. Said sign shall not be located between the
street and a sidewalk or trail. All signs shall display the actual dates of the sale and may be
erected (1) day prior to the sale and must be removed within (1) day after the sale.
(d) Menu Boards
Menu boards shall not exceed sixty -four (64) square feet and (6) feet in height. Menu boards
shall not be located as to impair the vision of the driver of a vehicle traveling into, out of, or
through the drive through isle.
(e) No Trespassing Signs
Signs not exceeding (9) square feet, located upon private property, and directed towards the
prevention of trespassing.
(f) On -Site Real Estate Signs
(1) For single and double dwelling lots, (1) on -site real estate sign not exceeding (9) square
feet is permitted for each street upon which the property has frontage.
(2) For all other types of property, (1) on -site real estate sign is permitted for each street
upon which the property has frontage. Each sign shall not exceed a ratio of (1) square foot
of sign area for each (1,000) square feet of lot area. In no case shall the area of any one
sign exceed (64) square feet or (10) feet in height.
(3) All real estate signs shall pertain to the sale, lease, or rental of the property only and
must be removed within (7) calendar days of the close of the property or when 90 percent or
more of the dwelling units on the property have been sold, leased, or rented.
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(g) Off -Site Directional or Open House Real Estate Signs
Off -site directional or open house real estate signs not exceeding (3) square feet and (3) feet in
height may be placed on the public right -of -way. No part of such sign shall be closer than (5)
feet to the street pavement or (1) foot to a sidewalk or trail. Said sign shall not be placed
between the street and a sidewalk or trail. Off -site directional signs may be placed in the public
right -of -way for (30) days per real estate listing and open house real estate signs may be placed
in the public right -of -way on the day of the open house only.
(h) Off -Site Real Estate Signs
Off -site real estate signs exceeding (3) square feet may be placed on private property. Such
signs require a permit, shall not be located in the public right -of -way, and the sign
owner /installer must supply written permission to the city from the property owner on which
property the sign is installed. Each development is limited to one such sign. The maximum
area of any such sign shall be (64) square feet and the maximum height shall be (6) feet. The
sign must be removed when at least 90 percent of the dwelling units approved by the city have
been sold or rented.
Noncommercial Opinion Signs
(1) For all types of property, one sign that expresses an opinion or a viewpoint of a non-
commercial nature is allowed in addition to permanent signs as specified in Section 12
(Permitted Signs in Land Use and Zoning Districts). The noncommercial opinion sign shall
not be illuminated or exceed (16) square feet and (6) feet in height. For multiple -unit
developments, the sign must be attached to the dwelling unit or placed in a location that
clearly indicates ownership and does not represent the opinions of other residents in the
area who have not agreed to the sign.
0) Political Campaign Signs
(1) For local regular elections and referendums, political campaign signs may be posted
from August 1 until ten (10) days following said election or referendum.
(2) For local special elections and referendums, political campaign signs may be posted
from date of filing until ten (10) days following said special election or referendum.
(3) Unsuccessful primary candidates must remove their signs within ten (10) days after any
given primary.
(4) Political campaign signs shall not exceed sixteen (16) square feet and six (6) feet in
height.
(5) The number of political campaign signs on one property during an election season is
limited to one (1) per candidate and one (1) per opinion /ballot issue.
(6) All political campaign signs shall be setback at least five (5) feet from the edge of the
nearest street and at least one (1) foot from any sidewalk or trail. Said signs shall not be
placed between a street and a sidewalk or trail or at any other location that obstructs driver
or pedestrian visibility. The consent of the underlying property owner, if the underlying land
is a public right -of -way, or the property owner fronting the proposed location, must be
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obtained before placement of such sign. In addition, political campaign signs are prohibited
on obviously public property and utility poles.
(7) In a state general election year, the size, number, and duration of political campaign
sign displays shall comply with the provisions of Minnesota Statute 211.13.045, and nothing
in this ordinance shall be construed as applicable except location restrictions.
(k) Project Signs
One project sign is permitted per property just prior to or during construction. Each project sign
shall not exceed a ratio of (1) square foot of sign area for each (1,000) square feet of lot area.
In no case shall the area of the sign exceed (64) square feet and (10) feet in height. The sign
shall be removed after major construction has finished. Project signs may be utilized to
advertise property for lease or sale just prior to construction, but must be used in lieu of a
separate real estate sign.
(1) Temporary Signs and Displays Under (12) Square Feet
One (1) non - illuminated temporary sign or display under (12) square feet is allowed per property
(except for single and double dwelling properties) for a period not to exceed (30) days total per
sign. For commercial buildings with multiple occupants, each separate tenant is permitted (1)
such sign. No more than (3) temporary signs under (12) square feet shall be allowed at a
property at any one time.
Section 12. Permitted Signs in Land Use and Zoning Districts
Signs in Park Designated Land Use in the Maplewood Comprehensive Plan
(a) Temporary sports facility sponsorship signs subject to the following required standards
(1) Approval of a comprehensive sign plan.
(2) The Maplewood recreation department will regulate all temporary sponsorship signs
(3) Sponsorships collected for such signs will be used to help fund recreational facilities
within the park in which they are installed.
(4) Signs can be placed at baseball and softball fields, and shall be located on the outfield
fences or the scoreboard, or both. Such signs shall be oriented toward the field of play.
Number and size of signs dependent on approved comprehensive sign plan.
(5) Signs can be placed at hockey rinks, and shall be located on the interior sides of the
hockey boards. Number and size of signs dependent on approved comprehensive sign
plan.
(6) Signs are allowed to be installed for a period of (1) year during the baseball, softball, or
hockey season.
(7) Each sign shall provide identifying information for the sponsor such as name, address,
telephone number, or logo; any product advertising shall be incidental and secondary to
sponsor identification.
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(8) Such signs shall not be illuminated except by the regular sports facility lighting during
hours of use.
(9) Such signs shall be maintained in good condition.
(b) Park identification signs subject to the following required standards:
(1) Wall Signs. One park or park building identification wall sign up to (24) square feet per
street frontage shall be allowed for each park building. The sign may be affixed to the wall
of the building or an overhanging canopy or awning.
(2) Monument Signs. One park identification monument sign up to (32) square feet per
street frontage shall be allowed to identify each park. Said sign shall be a maximum of (6)
feet in height. The sign shall be designed to be architecturally compatible with the park
structures and buildings with the base of the sign consisting of colors and materials
compatible to the structures or buildings.
(3) Special Event Banners. Special event banners may be displayed for in parks for special
events sponsored or approved by the city. No more than (3) banners may be displayed per
park at any one time. Each banner shall not exceed (64) square feet. Banners shall be
designed to be professional looking and prevented from becoming torn or weathered.
Signs in Residential Zoning Districts (Districts R -1, R -1 R, R -S, R -E, R -2, R -3 and all subsequent
Residential Zoning Districts Adopted after the Date of this Ordinance)
All signs require a sign permit unless otherwise noted.
(a) Professional Occupation Signs
One professional occupation sign of not more than (2) square feet for a residence with a
permitted home occupation shall be allowed without a sign permit.
(b) Wall Signs
One wall sign up to (24) square feet per street frontage shall be allowed for residential
subdivisions and multiple -unit developments and for all legal non - residential uses excluding
home occupation businesses. The sign may be affixed to the wall of the main building or an
overhanging canopy or awning.
(c) Monument Signs
One monument sign up to (32) square feet per street frontage shall be allowed by sign permit
for residential subdivisions and multiple -unit developments and for all legal non - residential uses
excluding home occupation businesses. Said sign shall be a maximum of (6) feet in height.
The sign shall be designed to be architecturally compatible with the building or project with the
base of the sign consisting of colors and materials compatible to the building or project.
(d) Changeable Copy Message Boards
Changeable copy message boards are permitted as part of a permanent freestanding
monument sign or wall sign for all legal non - residential uses excluding home occupation
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businesses. The message board shall not comprise more than 50 percent of the total square
footage of said sign.
(e) Temporary Banners
Temporary banners may be displayed without a permit for residential subdivisions and multiple -
unit developments and for all legal non - residential uses excluding home occupation businesses
for a period not to exceed (60 days per year, per property. No more than (1) banner may be
displayed per property at any one time. Each banner shall not exceed (32) square feet and
must be attached to a building or other permanent structure. Banners shall be designed to be
professional looking and prevented from becoming torn or weathered.
(f) Temporary Signs and Displays Over (12) square feet
One temporary sign or display over (12) square feet is permitted by sign permit for up to (30)
days per year, per property. However, the permit fee shall not be charged for temporary signs
and displays erected by civic organizations, religious organizations, or other non - profit
organizations or groups for the purpose of identifying a non - commercial, one -time, or annual
special event. In no case shall the area of the sign exceed (32) square feet or the height of the
sign exceed (8) square feet. The time period may be extended to (60) days during the first year
of operation of a new business and (90) days for a temporary seasonal business. The city shall
consider a sign displayed for part of a day as having been up for an entire day.
Signs In the LBC (Limited Business Commercial), CO (Commercial Office), and NC
(Neighborhood Commercial) Zoning Districts
All signs require a sign permit unless otherwise noted.
(a) Professional Occupation Signs
One professional occupation sign of not more than (2) square feet for a residence with a
permitted home occupation shall be allowed without a sign permit.
(b) Wall Signs
(1) For each occupant of a building, (1) wall sign is allowed for each street upon which the
property has frontage. The total number of wall signs may be increased by (1) for each
clearly differentiated department of a business or enterprise.
(2) The total area of any (1) wall sign shall not cover more than 20 percent of the wall
surface to which the sign is attached or (32) square feet, whichever is greater. As an
alternative, a wall sign may be placed on an overhanging awning or canopy as long as the
wall sign does not exceed 50 percent of the face of the awning or canopy, or (32) square
feet, whichever is less.
(3) For multiple tenant buildings, the wall surface for each tenant or user shall include only
the surface area of the exterior facade of the premises occupied by such tenant or user.
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(c) Freestanding Signs
One freestanding sign up to (64) square feet and (10) feet in height is permitted for each street
upon which the building has frontage. For buildings with multiple street frontages, each
additional freestanding sign must be located on a different street and each said sign must be
separated by more than (100) feet measured in a straight line between the signs. The sign shall
be designed to be architecturally compatible with the building or project with the base of the sign
consisting of colors and materials compatible to the building or project. The area around the
base of the sign shall also be landscaped including the bottom of a pylon sign.
(d) Changeable Copy Message Boards
Changeable copy message boards are permitted as part of a permanent freestanding sign or
wall sign but are limited to comprising no more than 70 percent of the total square footage of
said sign.
(e) Temporary Banners
(1) For single tenant buildings, temporary banners may be displayed without a sign permit
for a period not to exceed (60) days total per year, per property. No more than (1) banner
may be displayed per property at anyone time, except for multiple- tenant buildings (see
below).
(2) For multiple tenant buildings, each separate tenant may display temporary banners
without a sign permit for a period not to exceed (60) days total per year, per property. No
more than (1) banner may be displayed per separate tenant at any one time.
(3) Each banner shall not exceed (32) square feet and must be attached to a building or
other permanent structure. Banners shall be designed to be professional looking and
prevented from becoming torn or weathered.
(f) Temporary Window Signs
Temporary window signs are allowed without a permit. Temporary window signs shall be neatly
painted or attached to the surface of a window, but shall cover no more than 30 percent of the
total area of the window.
(g) Temporary Signs and Displays Over (12) Square Feet
One temporary sign or display over (12) square feet is permitted for up to 30 days per year, per
business. However, the permit fee shall not be charged for temporary signs and displays
erected by civic organizations, religious organizations, or other non- profit organizations or
groups for the purpose of identifying a non - commercial, one -time, or annual special event. In nc
case shall more than one temporary sign or display be displayed per property at any one time.
The sign or display shall not exceed (32) square feet or (8) feet in height. The time period may
be extended to (60) days during the first year of operation of a new business and (90) days for a
temporary seasonal business. The city shall consider a sign displayed for part of a day as
having been up for an entire day.
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Signs in the BC (Business Commercial ), BC -M (Business Commercial Modified ), M -1 (Light
Manufacturing ), and M -2 (Heavy Manufacturing) Zoning Districts
All signs require a permit unless otherwise noted.
(a) Professional Occupation Signs
One professional occupation sign of not more than (2) square feet for a residence with a
permitted home occupation shall be allowed without a sign permit.
(b) Wall Signs
(1) For each occupant of a building, one wall sign is allowed for each street upon which the
property has frontage. The total number of wall signs may be increased by one for each
clearly differentiated department of a business or enterprise.
(2) The total size of all wall signage for single - tenant buildings is determined by the gross
square footage of the principal structure on the property. The total coverage area of each
wall sign, including each differentiated business, shall be based on the wall surface to which
the sign is attached.
(3) The following table indicates maximum signage permitted for single- tenant buildings:
Principal Structure Gross
Maximum Size and Coverage
Square Feet of Floor Area
Area of Each Sign
Less than 10,000 sq. ft
80 sq. ft. or 20% of wall face,
whichever is less
10,000 to 20,000 sq. ft.
100 sq. ft. or 20% of wall face,
whichever is less
20,000 to 100,000 sq. ft.
150 sq. ft. or 15% of wall face,
whichever is less
Greater than 100,000 sq. ft.
200 sq. ft. or 10% of wall face,
whichever is less
(4) The total coverage area of each wall sign for multiple- tenant buildings is (10) percent of
the surface area of the exterior fagade of the premises occupied by such tenant, or 32
square feet, whichever is more.
(5) A wall sign may be attached to an overhanging awning or canopy, instead of the fagade
of the building, as long as the wall sign does not exceed 50 percent of the face of the
awning or canopy, or the maximum size specified above, whichever is less.
(c) Gas Station Canopies
Gas stations are allowed (1) additional wall sign that may be attached to the fagade of the
building or the overhanging canopy above the pump island. The wall sign on the canopy shall
not exceed 50 percent of the face of the canopy, or the maximum size specified above,
whichever is less.
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(d) Freestanding Signs
(1) One freestanding sign is permitted for each street upon which the property has frontage.
For properties with multiple street frontages, each additional freestanding sign must be
located on a different street and each sign must be separated by more than (100) feet
measured in a straight line between signs, excluding auto dealerships.
(2) The total size and maximum height of each freestanding sign is determined by the street
classification (as designated in the Maplewood comprehensive plan) of the closest street to
which each freestanding sign is located. In the case of signs located at an intersection, the
higher ranking street classification should be used to determine the maximum height and
size allowable for a freestanding sign. Businesses that are located on a frontage road
designed to provide safe access to minor arterials and principal arterials shall be permitted
to erect a freestanding sign up to the determined maximum height and size allowable for a
freestanding sign on said minor arterial or principal arterial road to which it is adjacent.
(3) The following table lists the maximum size and heights permitted for freestanding signs:
Classification of Street
Abutting Property
Maximum Sign
Size (sq. ft.)
Maximum Height of
Pylon Sign (feet)
Maximum Height of
Monument Sign (feet)
Principal Arterial
180
25
12
Minor Arterial
140
20
12
Collector Street
100
15
10
Local Street
80
12
10
(4) The freestanding sign shall be designed to be architecturally compatible with the
building or project, with the base of the sign, including pylon sign poles, consisting of
materials and colors compatible to the building or project.
(e) Changeable Copy Message Boards
Changeable copy message boards are permitted as part of a permanent freestanding sign or
wall sign but are limited to comprising no more than 70 percent of the total square footage of
said sign.
(f) Auto Dealerships
Auto dealerships may have one (1) freestanding sign identifying the dealership, plus one (1)
freestanding sign advertising each car franchise. The maximum sign area and height for the
freestanding signs shall be determined by the classification of the abutting roads, as specified
above. More than one (1) freestanding sign may be allowed per street frontage provided said
signs are separated by more than (150) feet measured in a straight line between the signs.
(g) Billboards
(1) Off- premise billboards shall only be permitted with a conditional use permit and may
only be located adjacent to a principal arterial street in the SC (shopping center), BC
(business commercial), M -1 (light manufacturing), and M -2 (heavy manufacturing) districts.
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(2) Spacing. No billboard sign shall be located within (2,300) feet to another billboard on
the same side of the street, within (100) feet to a commercial, industrial, institutional
building, or an on- premises sign, and within (250) feet to a residential district or (800) feet to
a residence. Billboards shall maintain a setback of (50) feet from any property line, (500)
feet to a local park, and (300) feet from the nearest intersecting street corner of two public
roads.
(3) Size. The maximum area of the sign face of a billboard shall not exceed (450) square
feet, including border and trim, but excluding base, apron supports, and other structural
members. The said maximum size limitation shall apply to each side of a sign structure.
Signs may be placed back -to -back or in a V -type arrangement if there are no more than (2)
sign faces, provided that the open end separation shall not exceed (15) feet. A billboard
may only display one message at a time on any sign face. The maximum height for
billboards shall be (35) feet.
(4) Dynamic display billboard signs. Refer to Section 13.e. (Off -Site Dynamic Display
Signs).
(h) Temporary Banners
(1) For single tenant buildings, temporary banners may be displayed without a sign permit
for a period not to exceed (60) days total per year, per property. No more than (1) banner
may be displayed per property at any one time, except for multiple- tenant buildings (see
below).
(2) For multiple tenant buildings, each separate tenant may display temporary banners
without a sign permit for a period not to exceed (60) days total per year, per property. No
more than (1) banner may be displayed per separate tenant at any one time.
(3) Each banner shall not exceed (64) square feet and must be attached to a building or
other permanent structure. Banners shall be designed to be professional looking and
prevented from becoming torn or weathered.
(i) Temporary Window Signs
Temporary window signs are allowed without a permit. Temporary window signs shall be neatly
painted or attached to the surface of a window, but shall cover no more than 30 percent of the
total area of the window.
0) Temporary Signs and Displays Over (12) Square Feet
One temporary sign or display over (12) square feet is permitted for up to 30 days per year, per
business each calendar year by sign permit. However, the permit fee shall not be charged for
temporary signs and displays erected by civic organizations, religious organizations, or other
non - profit organizations or groups for the purpose of identifying a non - commercial one -time or
annual special event. The time period may be extended to (60) days during the first year of
operation of a new business and (90) days for a temporary seasonal business. The city shall
consider a sign displayed for part of a day as having been up for an entire day. In no case shall
more than one temporary sign or display be displayed per property at any one time. The sign or
display shall not exceed (64) square feet or (8) feet in height.
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Signs In the Mixed -Use (M -U) Zoning District
All signs require a permit unless otherwise noted
(a) Sign Review
The community design review board shall review all signage on new buildings or developments
to ensure that the signs meet mixed -use sign requirements and are architecturally compatible
with the new building or development. In addition, the community design review board shall
review all comprehensive sign plans as required in Section 2 (Comprehensive Sign Plan).
All signage on mixed -use buildings or developments (buildings or developments previously
approved and built with mixed -use design standards) shall be reviewed by the director of
community development and shall be done in a manner that is compatible with the original
scale, massing, detailing and materials of the original building. All signage on non - mixed -use
buildings or developments (buildings or developments not built with mixed -use design
standards) shall be reviewed by the director of community development and shall comply with
the mixed -use sign requirements, unless classified as a pre - existing nonconforming sign in
which case it shall comply with Section 44 -12 (nonconforming buildings or uses).
(b) Projecting Signs
Projecting signs are allowed as part of the overall signage. Projecting signs may not extend
more than four (4) feet over a public right -of -way and a private road or sidewalk, and must not
project out further than the sign's height.
(c) Overall Wall Signs
Allowable area of overall wall and projecting signage for each establishment is one and one -half
(1 " l2) square feet of signage per lineal foot of building or frontage on a road, public open space
or private parking area, or thirty (32) square feet, whichever is greater. Each wall shall be
calculated individually and sign area may not be transferred to another side of the building.
Minor motor vehicle stations with canopies are allowed to place signage on the canopy and the
building as long as they do not exceed the requirements above. Wall and projecting signs shall
not cover windows or architectural trim and detail.
(d) Freestanding Signs
One (1) freestanding sign for each establishment is allowed if the building is set back at least
twenty (20) feet or more from the front property line. Freestanding signs must meet the
following requirements:
(1) Limited to six (6) feet in height and forty (40) square feet.
(2) Maintain a five -foot (5) setback from any side or rear property line, but can be
constructed up to the front property line.
(3) Must consist of a base constructed of materials and design features similar to those of
the front fagade of the building or development.
(4) Must be landscaped with flowers or shrubbery.
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Section 13. Dynamic Display Signs
(a) Findings. Studies show that there is a correlation between dynamic displays on signs and
the distraction of highway drivers. Distraction of drivers can lead to traffic accidents. Drivers
can be distracted not only by a changing message, but also by knowing that the sign has a
changing message. In such a case, drivers may watch a sign waiting for the next change to
occur. Drivers also are distracted by messages that do not tell the full story in one look. People
have a natural desire to see the end of the story and will continue to look at the sign in order to
wait for the end.
Additionally, drivers could be more distracted by special effects used to change the message,
such as fade -ins and fade -outs. Finally, drivers are generally more distracted by messages that
are too small to be clearly seen or that contain more than a simple message.
Due to these public safety concerns, the city should only allow the use of these technologies
with certain restrictions. The restrictions are intended to minimize driver distraction, to minimize
their proliferation in residential districts where signs can adversely impact residential character,
and to protect the public health, safety, and welfare.
Local spacing requirements could interfere with the equal opportunity of sign owners to use
such technologies and are not included. Without those requirements, however, there is the
potential for numerous dynamic displays to exist along any roadway. If more than one dynamic
display can be seen from a given location on a road, the minimum display time becomes critical.
If the display time is too short, a driver could be subjected to a view that appears to have
constant movement. This impact on drivers would be compounded in a traffic corridor with
multiple signs. If dynamic displays become pervasive and there are no meaningful limitations on
each sign's ability to change frequently, drivers may be subjected to an unsafe degree of
distraction and sensory overload. Therefore, requiring a limit on display times on dynamic signs
is in the public interest.
A constant message is typically needed on an on -site sign so that the public can use it to
identify and find an intended destination. Changing messages detract from this way - finding
purpose and could adversely affect driving conduct through last- second lane changes, stops, or
turns, all of which could result in traffic accidents.
In conclusion, the City of Maplewood finds that dynamic displays should be allowed on off and
on -site signs but with significant controls to minimize their proliferation and their potential threats
to public health, safety, and welfare.
(b) Noncommercial dynamic display signs are allowed wherever commercial dynamic display
signs are permitted and are subject to the same standards and total maximum allowances per
site or building of each sign type specified in this ordinance.
(c) Standards for all dynamic display signs:
(1) The images and messages displayed on the sign must be complete in themselves,
without continuation in content to the next image or message or to any other sign;
(2) Every line of copy and graphics in a dynamic display must be at least seven inches in
height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a
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speed limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54
miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more.
(3) Dynamic display signs must be designed and equipped to freeze the device in one
position if a malfunction occurs. The displays must also be equipped with a means to
discontinue the display if it malfunctions, and the sign owner must stop the dynamic display
within one hour of being notified by the city that it is not meeting the standards of this
ordinance.
(4) Dynamic display signs must meet the brightness standards contained in subdivision (g)
below.
(d) On -site dynamic display signs are allowed subject to the following conditions:
(1) Located in the Business Commercial (BC) or Heavy or Light Industrial (M -2 and M -1)
zoning districts only.
(2) The images and messages displayed on the on -site dynamic display sign must be
static and each display must be maintained for a minimum of two minutes; and the
transition from one static display to another must be instantaneous without any special
effects.
(3) Are allowed as part of a permanent freestanding sign, provided that the sign comprises
no more than 50 percent of the total square footage of said sign face.
(4) Must be located at least 200 feet from any property which there exists structures used
for residential purposes or from any park or open space land use district.
(5) Must be located at least 100 feet from any side property line
(6) Display and advertisement of products, events, persons, institutions, activities,
businesses, services, or subjects which are located on the premises only or which give
public service information.
(e) Off -site dynamic display signs are allowed subject to Section 12 (Billboard Signs in BC, BC-
M, M -I, and M -2), the above - mentioned standards for all dynamic display signs, and the
following additional condition:
(1) The images and messages displayed on the sign must be static and each display must
be maintained for a minimum of 15 seconds and the transition from one static display to
another must be instantaneous without any special effects.
(f) Incentive. Off -site signs do not need to serve the same way - finding function as do on -site
signs and they are distracting and their removal serves the public health, safety, and welfare.
This clause is intended to provide an incentive option for the voluntary and uncompensated
removal of off -site signs in certain settings. This sign removal results in an overall advancement
of one or more of the goals set forth in this that should more than offset any additional burden
caused by the incentive. These provisions are also based on the recognition that the incentive
creates an opportunity to consolidate outdoor advertising services that would otherwise remain
distributed throughout Maplewood.
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(g) Reduction of Sign Surfaces
(1) A person or sign operator may obtain a permit for a dynamic display sign on one surface
of an existing off -site sign if the following requirements are met:
a) The applicant agrees in writing to reduce its off -site sign surfaces by one by
permanently removing, within 15 days after issuance of the permit, one surface of an off -
site sign in the city that is owned or leased by the applicant, which sign surface must
satisfy the criteria of part (2) of this subsection. This removal must include the complete
removal of the structure and foundation supporting each removed sign surface. The
applicant must agree that the city may remove the sign surface if the applicant does not
do so, and the application must identify the sign surface to be removed and be
accompanied by a cash deposit or letter of credit acceptable to the city attorney
sufficient to pay the city's costs for that removal. The applicant must also agree that it is
removing the sign surface voluntarily and that it has no right to compensation for the
removed sign surface under any law. Replacement of an existing sign surface of an off -
site sign with a dynamic display sign does not constitute a removal of a sign surface.
b) If the removed sign surface is one that a state permit is required by state law, the
applicant must surrender its permit to the state upon removal of the sign surface. The
sign that is the subject of the dynamic display sign permit cannot begin to operate until
the sign owner or operator provides proof to the city that the state permit has been
surrendered.
(2) If the applicant meets the permit requirements noted above, the city shall issue a
dynamic display sign permit for the designated off -site sign. This permit will allow a dynamic
display to occupy 100 percent of the potential copy and graphic area and to change no more
frequently than once every 15 seconds. The designated sign must meet all other
requirements of this ordinance.
(h) Brightness Standards.
(1) The following brightness standards are required for all dynamic display signs:
a) No sign shall be brighter than is necessary for clear and adequate visibility.
b) No sign shall be of such intensity or brilliance as to impair the vision of a motor
vehicle driver with average eyesight or to otherwise interfere with the driver's operation
of a motor vehicle.
c) No sign may be of such intensity or brilliance that it interferes with the effectiveness
of an official traffic sign, device or signal.
(2) The person owning or controlling the sign must adjust the sign to meet the brightness
standards in accordance with the city's instructions. The adjustment must be made within
one hour upon notice of non - compliance from the city.
(3) All dynamic display signs installed after August 20, 2008, must be equipped with a
mechanism that automatically adjusts the brightness in response to ambient conditions.
These signs must also be equipped with a means to immediately turn off the display or
lighting if the sign malfunctions, and the sign owner or operator must turn off the sign or
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lighting within one hour after being notified by the city that it is not meeting the standards of
this ordinance.
(4) In addition to the brightness standards required above, dynamic display signs shall meet
the city's outdoor lighting requirements (Section 44- 20(1)).
(i) Public Safety. If city staff determines that a dynamic display sign is not being operated
pursuant to this ordinance due to its location or display capabilities, city staff can require that the
sign be moved, removed, or modified after notice to the property owner.
0) Licensing. No person shall operate an off -site or on -site dynamic display sign in the city
without first obtaining a yearly license as defined in the city licensing ordinance (Article II).
The city council approved the first reading of this ordinance on November 23, 2009.
The city council approved the second reading of this ordinance on
Diana Longrie, Mayor
Attest:
Karen Guilfoile, City Clerk
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THIS PAGE IS INTENTIONALLY LEFT BLAND
Packet Page Number 48 of 206
Agenda Item K1
MEMORANDUM
TO: James Antonen, City Manager
FROM: DuWayne Konewko, Community Development and Parks Director
Ginny Gaynor, Natural Resources Coordinator
Alan Kantrud, City Attorney
SUBJECT: Approval of Conservation Easement for Priory Neighborhood Preserve
DATE: November 16, 2009 for November 23, 2009 City Council Meeting
INTRODUCTION
On October 22, 2007, Maplewood City Council entered into an agreement with Minnesota Land Trust
(MLT) to explore conservation easements for five Neighborhood Preserves. After additional research
and discussion, the focus was narrowed to just two preserves, Jim's Prairie and Priory Preserve. The
general terms of the easement were outlined and presented to the Parks Commission in 2008. After
discussions with the Parks Commission and staff, MLT recommended the city complete a conservation
easement for Priory Neighborhood Preserve but not pursue a conservation easement for Jim's Prairie.
On March 2, 2009, City Council reviewed the general terms of the easement for the Priory
Neighborhood Preserve. On March 23, 2009, City Council directed staff and MLT to complete the
easement documents and title work. The easement has been drafted consistent with terms approved
by Council, and staff requests that City Council review and approve the easement document.
DISCUSSION
At the March 2, 2009 City Council workshop, Sarah Strommen from MLT outlined the basic terms of
the conservation easement for Priory Neighborhood Preserve (Attachment 1). Councilmembers
discussed the benefits of having a conservation easement on the Priory Neighborhood Preserve as
well as concerns about the permanency of an easement.
On March 23, 2009, City Council directed staff and MLT to complete the final phase of this project:
draft the easement and complete the associated title work (Attachment 2). The cost for developing the
conservation easement is $6000 for work completed in 2008 and 2009. In addition, MLT requires a
$15,000 stewardship and enforcement fee. City Council approved funding for this project on March
23, 2009.
Maplewood staff members Ginny Gaynor and Alan Kantrud met with MLT staff Sarah Strommen and
Gena Setzer (MLT staff attorney) to review the draft easement. The issues addressed in that review
have been incorporated into the current draft of the easement (Attachment 3). The easement
document is now ready for City Council's review and approval.
MLT has worked with several communities to place conservation easements on publicly -owned nature
parks. MLT thinks of these as signature parks —a premier park in a community that provides
opportunities for the public to experience and learn about nature, while permanently protecting natural
habitat. The Priory Neighborhood Preserve is one of the city's most treasured natural areas and fits
this distinction of signature park.
Staff supports a strong preservation policy for the Neighborhood Preserves and believes it is
appropriate to single out the Priory Neighborhood Preserve for the highest level of protection possible.
Packet Page Number 49 of 206
The preserve's ecological quality, its position in a Natural Area Greenway, and its size, along with its
value for education, enjoyment of nature, and passive recreation, make it one of our most important
city natural areas.
RECOMMENDATION
Staff requests that the City Council approves the attached resolution (Attachment 4) for a conservation
easement for Priory Neighborhood Preserve.
Attachments:
1. Summary of Terms of Easement for Priory Neighborhood Preserve
2. Excerpt from March 23, 2009 City Council Meeting Minutes
3. Conservation Easement
4. Resolution Approving Execution of Conservation Easement for Priory Neighborhood Preserve
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Attachment 1
Minnesota Land Trust
Proposed Rights and Restrictions for a Conservation Easement
The Priory
City of Maplewood
Land Use Restrictions & Rights
Detail
Industrial or commercial use
Prohibited.
Agricultural use
Prohibited— this includes cultivation, forestry,
livestock grazing or animal husbandry. Does not
include harvest of native seed.
Residential use and development
Prohibited.
Structures and improvements
Prohibited except for: 1) minor rustic structures
and 2) interpretive center of limited size (no more
than 4000 square feet in footprint) and location.
Utilities
Utilities are allowed to serve those activities
p ermitted by the easement but otherwise limited.
Division of the property
Limited to no more than two parcels.
Development Rights
Transfer of development rights to another
p roperty is prohibited. . ,
Rights of way
Access across the property to develop adjacent
land is prohibited.
Mining
Prohibited.
Signs
Small, unlighted signs for informational or
interpretive purposes is allowed. A sign
designating the name of the park also is allowed.
Roads and trails
Roads are prohibited except as necessary for park
maintenance and/or management. Trails are
allowed, including footbridges and boardwalks.
Surface alteration
Alteration of the natural topography or surface of
the land is limited.
Vegetation and habitat
Management of natural vegetation to improve its
management
habitat values is allowed, subject to an approved
management plan.
Water
Alteration of natural water bodies and wetlands,
or actions detrimental to water quality are
p rohibited.
Dumping
Dumping or accumulation of trash or other
unsightly material is prohibited.
Vehicles
Prohibited except in conjunction with otherwise
authorized activities (i.e. habitat restoration or
management).
Recreational and educational use
Recreational and educational purposes that do not
impact the conservation values of the land are
allowed. This includes an interpretive center.
Minnesota Land Trust Updated 11/18/08
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EXCERPT FROM 3123109 CITY COUNCIL MINUTES
Attachment 2
Councilmember Rossbach made a friendly amendment that this item be brought back in one year
and should be an item on the consent agenda unless there are problems with the site.
Councilmember Nephew agreed with the friendly amendment.
2. Conditional Use Permit Review, Comfort Bus, 1870 Rice Street.
a. Parks and Community Development Director, DuWayne Konewko gave the report
and answered questions of the council.
b. Public Works Director, Chuck Ahl answered questions of the council.
i. Jim Rossow, Comfort Bus, 1870 Rice Street, Maplewood addressed and
answered questions of the council.
Councilmember Rossbach moved to approve the Conditional Use Permit for the bus maintenance
and repair garage for Comfort Bus Company at 1870 Rice Street and review it again only if the
applicant proposes an expansion or to make changes to their facility or if a problem arises
including that the city may conduct unannounced traffic counts.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
3. Consider Approval for Minnesota Land Trust to Complete Drafting Conservation
Easement for Priory Preserve
a. Director Community Development and Parks, DuWayne Konewko gave the report
and answered questions of the council.
b. City Attorney, Alan Kantrud answered questions of the council.
Mayor Longrie asked if anyone wanted to speak regarding this item.
Caroline Peterson, 1801 Gervais Avenue, Maplewood.
Councilmember Juenemann moved to approve proceeding with a conservation easement for the
Priory Preserve to include title work and drafting the conservation easement. Furthermore,
recommending that the $21,000 fee for this proiect be paid from CIP Project #PM08.060 (open
space improvements).
Seconded by Councilmember Rossbach.
The motion passed.
The council requested a break at 9 p.m.
The council reconvened at 9:10 p.m.
Ayes — Mayor Longrie,
Councilmembers Hjelle,
Juenemann & Rossbach
Nay — Councilmember Nephew
March 23, 2009 Packet Page Number 52 of 206 6
City Council Meeting Minutes
Attachment 3
Draft 2 CE
October 6, 2009
CONSERVATION EASEMENT
This is a CONSERVATION EASEMENT granted by the City of Maplewood, a municipal
corporation under the laws of the State of Minnesota, (the "Owner ") to the Minnesota Land
Trust, a non -profit corporation organized and existing under the laws of the State of Minnesota
(the "Land Trust ".)
RECITALS:
A. OWNER. The Owner is the current owner of approximately 46 acres of real property located
in Ramsey County, Minnesota. That real property is more fully described below as the
"Protected Property."
B. PROTECTED PROPERTY. The Protected Property is that real property legally described in
Exhibit A and generally depicted on the "Property Map" in Exhibit B. Both exhibits are
attached to this conservation easement and incorporated by this reference.
The Protected Property is located in the City of Maplewood, a developed first -ring suburb of
the Twin Cities Metropolitan Area.
Known to area residents as "The Priory," the Protected Property consists of approximately 46
acres containing a mixture of upland and wetland habitats, including mesic oak forest,
lowland hardwood forest, rich fen, wet meadow, shrub swamp, cattail marsh and prairie. A
portion of the site consists of an old field, containing a mixture of native and non - native
grasses and fortis.
Packet Page Number 53 of 206
No structures or improvements currently exist on the Protected Property. There is, however,
a mowed trail system that allows the public to enjoy the park's natural and scenic qualities.
The natural attributes of the Protected Property include the relatively natural fish and wildlife
habitat provided by the mosaic of upland and wetlands habitats, including increasingly rare
habitats like rich fen and prairie. Additionally, prairie is a key habitat for a variety of species
in greatest conservation need as established by the Minnesota Department of Natural
Resources in Tomorrow's Habitat for the Wild and the Rare: An Action Plan for Minnesota's
Wildlife, Comprehensive Wildlife Conservation Strategy, 2006.
The scenic attributes of the Protected Property include the gently rolling topography and
natural communities, which are highly visible from Larpenteur and Century Avenues and
provide relief from the otherwise developed nature of Maplewood. Trails on the Protected
Property provide numerous "overlook" opportunities for viewing of wildlife or native
communities.
The Priory is a component of the
serve system, which
emphasizes ecology and passive recreation as opposed to development and organized sports.
The Priory is considered one of the highest quality natural areas within the Maplewood
Neighborhood Preserve system due to the variety of its natural communities. The Protected
Property also is an important anchor of a potential City greenway corridor that may one day
link The Priory with other City neighborhood preserves.
Preservation of the Protected Property pr
unique in the metropolitan area due to its
plant communities.
in to protect an area that is
ty of species and the relative rarity of its
C. MINNESOTA LAND TRUST. The Minnes
Trust is a non - profit corporation
organized and operated exclusively for charitable and educational purposes, including the
preservation and protection of land in its natural, scenic or other open space condition. The
Land Trust is a public charity as defined in Sections 501(c)(3) and 509(a) of the Internal
Revenue Code and an organization qualified to hold conservation easements under
Minnesota law and Section 170(h) of the Internal Revenue Code and related regulations.
D. CONSERVATION VALUES. The Protected Property has the following natural, scenic and
open space qualities of significant importance:
• The undeveloped and relatively natural character of the Protected Property provides
significant habitat for a variety of wildlife and plants, including species in greatest
conservation need as established by the Minnesota Department of Natural Resources
in Tomorrow's Habitat for the Wild and the Rare: An Action Plan for Minnesota's
Wildlife, Comprehensive Wildlife Conservation Strategy, 2006.
• The undeveloped wetlands of the Protected Property provide water filtration benefits
as well as habitat for wildlife and plants.
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• The Protected Property provides important publicly accessible relatively natural
habitat and open space that adds to the natural character of the City of Maplewood.
The undeveloped gently rolling topography and natural communities of the Protected
Property provide relief from the otherwise developed nature of the City of
Maplewood. These scenic views can be enjoyed by the general public from
Larpenteur and Century Avenues.
Collectively, these natural, scenic and open space qualities of the Protected Property
comprise its "Conservation Values."
These Conservation Values have not been and are not likely to be adversely affected to any
substantial extent by the continued use of the Protected Property as described above or as
authorized below or by the use, maintenance, or construction of those structures and
improvements that presently exist on the Protected Property or that are authorized below
CONSERVATION POLICY. Preservation of the Protected Property will further those
governmental policies established by the following:
• Minnesota Statutes Section 103A.201, which specifically promotes the protection of
wetlands and Minnesota Statutes Section 103A.202, which specifically declares that it
is in the public interest to preser)
waters, maintain and improve w�
provide for floodwater retention,
subsurface moisture. and enhance
Hands of this state to conserve surface
ty, preserve wildlife habitat, reduce runoff,
tream sedimentation, contribute to improved
of the landscape.
Minnesota Statutes Chapter 84C, which recognizes the importance of private
conservation efforts by authorizing conservation easements for the protection of
natural, scenic, or open space values of real property, assuring its availability for
agriculture, forest, recreational or open space use, protecting natural resources, and
maintaining or enhancing air or water quality.
Maplewood Neighborhood Statement of Purpose and Policies (Approved 2/26/01),
which establishes the purpose of the City's Neighborhood Preserves to "preserve
natural resources, scenic areas, and landscape buffers." This policy further sets out
the Neighborhood Preserves as "the only sites in Maplewood's Park System where
preservation of natural resources is placed above all other activities, uses, and
priorities.
E. CONSERVATION INTENT. The Owner and the Land Trust are committed to protecting
and preserving the Conservation Values of the Protected Property in perpetuity.
Accordingly, it is their intent to create and implement a conservation easement that is binding
upon the current Owner and all future owners of the Protected Property and that conveys to
the Land Trust the right to protect and preserve the Conservation Values of the Protected
Property for the benefit of this generation and generations to come.
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CONVEYANCE OF CONSERVATION EASEMENT:
Pursuant to the laws of the State of Minnesota, and in particular Minnesota Statutes Chapter 84C,
and in consideration of the facts recited above and the mutual covenants contained herein and
as an absolute and unconditional gift, the Owner hereby conveys and warrants to the Land Trust
and its successors and assigns a perpetual conservation easement over the Protected Property.
This conservation easement consists of the following rights, terms, and restrictions (the
"Easement"):
CONSERVATION PURPOSE. The purpose of this Easement is to preserve and protect in
perpetuity the Conservation Values of the Protected Property identified above by confining
the development, management and use of the Protected Property to activities that are
consistent with the preservation of these Conservation Values, by prohibiting activities that
significantly impair or interfere with these Conservation Values, and by providing for
remedies in the event of any violation of this Easement.
The terms of this Easement are specifically intended to provide a significant public benefit
by:
• Providing an opportunity for the public to learn about, experience, and enjoy the out -
of -doors in a significant and relatively undisturbed natural setting.
• Protecting an increasingly rare type of natural habitat that contributes to a larger
complex of extended wetlands that supports a variety of wildlife and plants, both
terrestrial and aquatic.
the relatively natural character of the Protected Property for scenic
by the general public from Larpenteur and Century Avenues.
2. LAND USE RESTRICTIONS. Any activity on or use of the Protected Property that is
inconsistent with the purposes of this Easement is prohibited.
This prohibition specifically includes any intrusion or future development that would
interfere with the essential scenic quality of the Protected Property or the visual enjoyment of
the open and natural character of the Protected Property by the general public.
Except as specifically permitted in section 3 below and without limiting the general
prohibition above, restrictions imposed upon the Protected Property expressly include the
following:
21. Industrial and Commercial Activity No industrial or commercial use of the Protected
Property is allowed except for that habitat management use and minimal commercial
recreational use specifically permitted in section 3 below.
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2.2. Agricultural Use No agricultural use of the Protected Property is allowed. This
includes no tilling, plowing, commercially cultivating row crops, keeping or grazing
livestock, haying, feedlots, tree farms, orchards or nurseries. This does not include or
prohibit harvesting native plant seeds for educational or habitat management
purposes.
2.3. Residential Development No residential use or development of the Protected
Property is allowed.
2.4. Right of Way No right of way shall be granted across the Protected Property in
conjunction with any industrial, commercial, or residential use or development of
other land not protected by this Easement without the prior approval of the Land
Trust.
2.5. Division of the Protected Property The Protected Property may be divided,
subdivided, or partitioned only as follows:
• As set out in section 3 below.
• To convey a portion of the Protected Property to a conservation organization
defined in section 7.1 below...
• To correct or adjust a boundary line to resolve an ownership dispute.
2.6. Development Rights No portion of the Protected. Property may be used to satisfy
land area requirements for other property not subject to this Easement for purposes of
calculating building density, lot coverage, open space, or natural resource use or
extraction under otherwise applicable laws, regulations, or ordinances controlling
land use. The development rights that have been encumbered or extinguished by this
Easement may not be transferred to any other property or used to obtain any
regulatory mitigation credits.
2.7. Structures and I provements No temporary or permanent buildings, structures,
utilities, roads or other improvements of any kind may be placed or constructed on
the Protected Property except as specifically authorized in section 3 or as set forth
below:
a. Utilities Utility systems and facilities may be installed, maintained, repaired,
extended, and replaced to serve only uses and activities specifically permitted by
this Easement.
Permitted utility systems and facilities include, without limitation, all systems and
facilities necessary to provide on -site power, fuel, water, waste disposal, and
communication but do not include communication towers, wind turbines, or
similar structures without the prior approval of the Land Trust.
Permitted utility systems and facilities shall be installed or constructed with
minimal grading and disturbance to vegetation. Following installation or
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construction, the surface shall be restored in a timely manner to a condition
consistent with the purposes of this Easement.
b. Sims No billboards or other signs may be placed or erected on the Protected
Property except for small, unlighted signs for informational or interpretive
purposes. Additionally, the Owner may also construct and maintain a park entry
monument as permitted in section 3.5 below. With the Owner's permission, the
Land Trust may place signs on the Protected Property identifying the land as
protected.
c. Roads and Parking Areas A paved park access road and parking area may be
established and maintained on the Protected Property as permitted in section 3.5
below.
No other roads or paved areas may be establish(
Property without the prior approval of the Land
d. Trails Unpaved paths or foot trails may
motorized recreational uses. Paved trails
as necessary to meet requirements of the Americ,
similar laws or regulations and only with advanc(
Trust. Trails shall be established, maintained and
or constructed on the Protected
[ished and maintained for non -
established and maintained only
n with Disabilities Act or
written approval of the Land
used in a manner that does not
result in significant erosion or have an adverse impact on the natural and scenic
quality of the Protected Property. Necessary footbridges and boardwalks may be
installed to facilitate trail use on the Protected Property.
e. Fences Fences may be constructed, maintained, improved, replaced or removed
to mark boundaries, to secure the Protected Property, or as needed in carrying out
activities aermitted bv this Easement.
f Outdoor Lighting No permanent outdoor lighting is permitted, except if required
for safety reasons or to comply with City ordinances. When permanent lighting is
necessary, the Owner is encouraged to use downcast lighting whenever possible.
2.8. Dum , in . No trash, non- compostable garbage, debris, unserviceable vehicles or
equipment, junk, tither unsightly material or hazardous or toxic substances may be
dumped or accumulated on the Protected Property.
2.9. Minim No mining, drilling, exploring for, or removing any minerals, sand, gravel,
rock, or fossil fuels from the Protected Property is allowed.
2.10. Topography and Surface Alteration No alteration or change in the topography or the
surface of the Protected Property is allowed. This includes no ditching, draining or
filling and no excavation or removal of soil or other material, except as incidental to
activities or uses specifically permitted by this Easement.
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Any permitted alteration shall be undertaken with minimal grading and disturbance to
vegetation and with the surface restored in a timely manner to a condition consistent
with the purposes of this Easement.
2.11. Water No alteration or manipulation of natural watercourses, lakes, shorelines,
wetlands or other surface or subsurface bodies of water or creation of new wetlands
or water bodies is allowed except to restore or enhance wildlife habitat or native
biological communities or to improve or enhance the function and quality of existing
wetlands or water bodies. Any alteration or creation of wetlands or water bodies
must be undertaken in accordance with a habitat management plan approved by the
Land Trust under section 3 below_
No activities on or uses of the Protected Property that cause significant erosion or are
seriously detrimental to water quality or purity are allowed.
2.12. Vegetation Management No removal, cutting, pruning, trimming or mowing of any
trees or other vegetation, living or dead, and no introduction of non - native species is
allowed except as follows:
a. In conjunction with habitat management as specifically permitted in section 3
below.
b. As reasonably required to construct and maintain permitted buildings, structures,
roads, trails and other improvements and provided that vegetation shall be
restored following any construction to a condition consistent with the purpose of
this Easement.
c. In conjunction with formal or semi formal native plantings near park entrances
and immediately adjacent to permitted buildings.
As reasonably required to prevent or control insects, noxious weeds, invasive
vegetation, disease, fire, personal injury, or property damage.
2.13. Vehicles Limited use of motorized vehicles is allowed only in conjunction with park
or habitat management, restoration or enhancement as permitted in section 3.
Motorized vehicles may be used only in a manner that does not result in significant
erosion or have an adverse impact on the natural and scenic quality of the Protected
Property.
This provision is not intended to otherwise limit the use of motorized vehicles on
roads or driveways permitted under this Easement or in conjunction with construction
and maintenance of permitted buildings, structures, roads, trails and other
improvements.
3. RESERVED RIGHTS. The Owner retains all rights associated with ownership and use of
the Protected Property that are not expressly restricted or prohibited by this Easement. The
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Owner may not, however, exercise these rights in a manner that would adversely impact the
Conservation Values of the Protected Property. Additionally, the Owner must give notice to
the Land Trust before exercising any reserved right that might have an adverse impact on the
Conservation Values of the Protected Property.
Without limiting the generality of the above, the following rights are expressly reserved and
the Owner may use and allow others to use the Protected Property as follows:
3.1. Right to Convey The Owner may sell, give, lease, bequeath, devise, mortgage or
otherwise encumber or convey the Protected Property. This right to convey the
Protected Property is subject to the following:
a. Any conveyance or encumbrance of the Protected Property is subject to this
Easement.
b. The Owner will reference or insert the terms of this Easement in any deed or other
document by which the Owner conveys tj
Owner will also specify to what extent re
all, and are no longer available for use by
rights are specifically allocated to the pro
other provisions of this Easement.
c. The Owner will notify the Land T
after closing and will provide the -
new owner and a copy of the deed
to the Protected Property. The
led rights have been exercised, if at
new owner and which reserved
ty being conveyed in accordance with
e.
nee within fifteen {15) days
name and address of the
d. If the Protected Property is owned by a trust, business entity or any common or
jointly held ownership, the Owner shall designate a representative authorized to
receive notice on behalf of the owner and provide the Land Trust with the name
and address of the designated representative. The Owner shall notify the Land
Trust of any change in the designated representative and provide the Land Trust
with the new name, address and other contact information.
The enforceability or validity of this Easement will not be impaired or limited by any
failure of the Owner to comply with this section 3.1.
3.2. Division of the Protected Property The Protected Property may be divided into no
more than two parcels or lots, regardless of whether it now consists of separate
parcels, was acquired as separate parcels, or is treated as separate parcels for property
tax or other purposes.
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Before conveying any lot or parcel, the Owner will allocate reserved rights, such as
building rights, to specific parcel as needed. Each parcel or lot will otherwise remain
subject to the terms and conditions of this Easement. The Owner will provide the
Land Trust with a copy of any survey or map created documenting the new parcels or
lots.
This right to divide the Protected Property does not include the right to construct any
buildings, structures or improvements in addition to those otherwise permitted by this
easement.
3.3. Habitat Management The Protected Property may be used to maintain, restore, or
enhance habitat for wildlife and native biological communities in accordance with a
restoration or management plan approved by the Land Trust.
3.4. Recreational and Educational Uses The Protected Property may be used for hiking,
cross - country skiing, nature observation or study, and other non- intensive recreational
and educational programs or activities that do not impair or interfere with the
Conservation Values of the Protected Property.
The Protected Property may not be used for more than minimal commercial
recreational purposes.
3.5. Recreational and Educational Structures. Minor rustic structures such as tents, trail
barriers, boardwalks, overlook decks, footbridges, benches, park entry monuments,
and informational kiosks may be placed on the Protected Property in conjunction with
permitted recreational and educational activities.
The Owner may construct and maintain a recreational/educational building and
related accessory structures within a 3 -acre building envelope on the Protected
Property. The total collective footprint of all buildings and structures within the
building envelope shall not exceed 4,000 square feet. The exact location of the
building envelope and the configuration of buildings within the envelope are to be
approved by the Land Trust in writing, at which time the envelope will be
the Owner's expense.
All buildings and structures must be designed and constructed so as not to detract
from the natural and scenic character of the Protected Property. Review and written
approval of architectural plans by the Land Trust is required prior to commencing
construction.
Necessary utilities and a paved access road and parking area related to the allowed
structures are permitted subject to section 2.7 above.
The Owner will request and obtain approvals and give the Land Trust notices as set
out in section 7.7 of this Easement before beginning any construction permitted
under this section.
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4. LAND TRUST'S RIGHTS AND REMEDIES. In order to accomplish the purposes of this
Easement to preserve and protect the Conservation Values of the Protected Property, the
Land Trust has the following rights and remedies:
4.1. Right to Enter. The Land Trust has the right to enter the Protected Property at
reasonable times and in a reasonable manner for the following purposes:
a. To inspect the Protected Property and to monitor compliance with the terms of
this Easement.
b. To obtain evidence for use in seeking judicial or other enforcement of this
Easement.
c. To survey or otherwise mark the boundaries of all or part of the Protected
Property if necessary to determine whether there has been or may be a violation of
this Easement. Any survey completed under this provision will be at the Owner's
expense.
d. To otherwise exercise its rights under this Easement.
4.2. Right of Enforcement The Land Trust has the right to prevent or remedy violations
of this Easement, including prohibiting the construction of buildings or
improvements, through appropriate judicial action brought in any court of competent
jurisdiction against the Owner or other responsible party.
a. Notice The Land Trust may not initiate judicial action until the Owner has been
given notice of the violation, or threatened violation, of this Easement and a
reasonable opportunity to correct the situation. This provision shall not apply if,
in the sole discretion of the Land Trust, immediate judicial action is necessary to
prevent or mitigate significant damage to the Conservation Values of the
Protected Property or if reasonable, good faith efforts to notify the Owner are
Remedies In enforcing this Easement, the Land Trust has the right to:
)r permanent injunctive relief for any violation or threatened
this Easement.
• Require restoration of the Protected Property to its condition at the time of this
conveyance or as otherwise necessitated by a violation of this Easement.
• Specific performance or declaratory relief.
• Recover damages resulting from a violation of this Easement or injury to any
Conservation Values associated with the Protected Property.
These remedies are cumulative and are available without requiring the Land Trust
to prove actual damage to the Conservation Values of the Protected Property.
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The Land Trust and the Owner agree that the damages created by a violation of
this Easement may be determined by calculating the cost of acquiring a
conservation easement over similar property. The Land Trust and the Owner also
recognize that restoration, regardless of cost, may be the only adequate remedy
for certain violations of this Easement.
4.3
The Land Trust is entitled to seek expedited relief, ex parte if necessary, and shall
not be required to post any bond applicable to a petition for such relief.
c. Costs of Enforcement If judicial action is required to prevent or remedy
violations of this Easement, each party involved in the action shall be responsible
for its own costs and attorneys fees. The court may, however, require
reimbursement of costs and attorneys fees to the party that prevails in the action.
d. Discretionary Enforcement Enforcement of the terms of this Easement is solely
at the discretion of the Land Trust. The Land Trust does not waive or forfeit the
right to take any action necessary to assure compliance with the terms of this
Easement by any delay or prior failure of the Land Trust in discovering a
violation or initiating enforcement proceedings. The Land Trust shall not be
barred by any applicable statute of limitations in bringing any action to enforce
the term of this Easement.
e. Acts Beyond Owner's Control The Land Trust may not bring an action against
the Owner for any change to the Protected Property resulting from:
• causes beyond the Owner's control such as changes caused by fire, flood,
storm, natural deterioration or the unauthorized acts of third parties, or
• reasonable actions taken in good faith under emergency conditions to prevent
or mitigate damage resulting from such causes.
Actions by the Owner's lessees, agents, employees or contractors are not
considered unauthorized acts of third parties.
This section does not preclude the Owner or the Land Trust from recovering
damages or bringing an action against any third party for trespass or other
violation of their respective rights in this Easement or in the Protected Property.
f. Right to Report In addition to other remedies, the Land Trust has the right to
report any environmental concerns or conditions or any actual or potential
violations of any environmental laws to appropriate regulatory agencies.
g. Enforcement Rights of Others Nothing in this Easement is intended to create any
right to enforce this Easement in any third party where no such right otherwise
exists under this Easement or under law.
Limitation on Rights Nothing in this Easement gives the Land Trust the right or
responsibility to exercise physical control over day -to -day operations on the Protected
it
Packet Page Number 63 of 206
Property or to become involved in management decisions involving the use or
disposal of hazardous substances or to otherwise become an operator of the Protected
Property within the meaning of the Comprehensive Environmental Response,
Compensation and Liability Act, the Minnesota Environmental Response and
Liability Act, or other similar successor federal, state or local statutes or laws
regarding responsibility for environmental conditions associated with contamination.
5. PUBLIC ACCESS. Nothing in this Easement gives the general public a right to enter upon
or use the Protected Property where no such right existed prior to the conveyance of this
Easement. However, the public does have the right to view the Protected Property from
adjacent publicly accessible areas including Larpenteur and Century Avenues.
6. DOCUMENTATION. The current uses of the Protected Property, the state of any existing
improvements, and the specific Conservation Values of the Protected Property that are
briefly described in this Easement will be more fully described in a property report on file at
the office of the Land Trust. The Owner and the Land Trust acknowledge that this property
report will accurately represent the condition of the Protected Property at the time of this
conveyance and may be used by the Land Trust in monitoring future uses of the Protected
Property, in documenting compliance with the terms of this Easement and in any
enforcement proceeding. This property report, however, is not intended to preclude the use
of other information and evidence to document the present condition of the Protected
Property in the event of a future controversy.
7. GENERAL PROVISIONS.
7.1. Assignment This Easement may be assigned or transferred by the Land Trust only to
a conservation organization defined as a qualified organization under Section 170(h)
of the Internal Revenue Code and related regulations and as an authorized
conservation easement holder under Minnesota law. Any future holder of this
Easement shall have all of the rights conveyed to the Land Trust by this Easement.
lition of any assignment or transfer, the Land Trust will require any future
this Easement to continue to carry out the purpose of this Easement in
The Land Trust will notify the Owner of any assignment within fifteen (15) days of
the assignment and will provide the Owner with the name and address of the new
holder.
72. Amendment Under appropriate circumstances, this Easement may be modified or
amended. However, no amendment or modification will be allowed if, in the sole and
exclusive judgment of the Land Trust any of the following apply:
• The amendment does not further the purposes of this Easement.
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The amendment will adversely impact the Conservation Values of the Protected
Property.
• The amendment affects the perpetual duration of this Easement.
The amendment affects the validity of this Easement under Minnesota law or the
status of the Land Trust under Sections 501(c)(3) and 170(h) of the Internal
Revenue Code.
Any amendment or modification must be in writing and recorded in the same manner
as this Easement.
7.3. Termination This Easement may be terminated or extinguished only as follows:
• The Owner and the Land Trust recognize that circumstances may arise that make
continued use of the Protected Property in a manner consistent with the purpose
of this Easement impossible or impractical. In this event, this Easement may be
extinguished through judicial proceedings.
This Easement may be extinguished pursuant to the proper exercise of the power
of eminent domain.
7.4. Proceeds Following any extinguishment or termination of this Easement in whole or
in part, the Land Trust shall be entitled to a portion of the proceeds from any sale,
exchange or involuntary conversion of the Protected Property.
The Land Trust's share of the proceeds shall be an amount equal to the fair market
value of this Easement at the time of the extinguishment but not less than an amount
equal to the proportionate value that this Easement bears to the value of the Protected
time of this conveyance (excluding the value of any
trade after the conveyance of this Easement.)
value of this Easement shall be calculated by the method required by the Internal
-nue Service for calculating an income tax deduction for the charitable donation
of a conservation easement.
The Land Trust will use its share of any proceeds in a manner consistent with the
purpose of this Easement.
7.5. Warranties The current Owner represents and warrants as follows:
a. The Owner is the sole owner of the Protected Property in fee simple and has the
right and ability to convey this Easement to the Land Trust.
b. The Protected Property is free and clear of all rights, restrictions and
encumbrances other than those subordinated to this Easement or otherwise
specifically agreed to by the Land Trust.
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c. The Owner has no actual knowledge of any use or release of hazardous waste or
toxic substances on the Protected Property that is in violation of a federal, state, or
local environmental law and will defend, indemnify and hold the Land Trust
harmless against any claims of contamination from such substances.
7.6. Ownership Responsibilities, Costs and Liabilities The Owner retains all
responsibilities and shall bear all costs and liabilities of any kind related to the use,
ownership, and maintenance of the Protected Property.
a. Taxes The Owner shall pay all real estate taxes and assessments levied against
the Protected Property, including any levied against the interest of the Land Trust
created by this Easement. The Land Trust may, at its discretion, pay any
outstanding taxes or assessments and shall then be entitled to reimbursement from
the Owner.
b. Regulatory Compliance All activii
shall be undertaken in accordance w
regulations and ordinances and nothing
exempt the Protected Property or the O
regulations.
tion permitted by this Easement
federal, state and local laws,
ement shall be construed to
otherwise applicable laws or
The Owner is solely
c. Indemnity The Owner shall d
harmless from any and all costs
injury occurring on or related to
Easement, except to the extent a
ining any required governmental permits.
hold the Land Trust
ility for any loss, damage, or personal
Dtected Property or the existence of this
ible to the negligence of the Land Trust.
d. Insurance The Owner will name the Land Trust as an additional insured on any
general liability insurance policy carried by the Owner with respect to the
Protected Property.
e. Future Environmental Condition The Owner is solely responsible for Owner's
use or release on the Protected Property of any hazardous or toxic substances as
defined by the Comprehensive Environmental Response, Compensation and
Liability Act, the Minnesota Environmental Response and Liability Act, or other
similar successor federal, state or local law or regulation regarding responsibility
for environmental conditions associated with contamination. The Owner shall
take all steps necessary to assure any needed containment or remediation resulting
from any release of such substance.
7.7. Notice and Approval Any notice or request for approval required by this Easement
must be in writing and is subject to the following:
a. Delivery Any required notice or request for approval must be delivered
personally or sent by first class mail or other nationally recognized delivery
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service to the appropriate party at the following addresses (or other address
specified in writing):
To the Owner:
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
To the Land Trust:
Minnesota Land Trust
2356 University Avenue West
St. Paul, MN 55114
b. Timing Unless otherwise specified in this Easement, any required notice or
request for approval must be delivered at least 30 days prior to the date proposed
for initiating the activity in question.
c. Content The notice or request for approval must include sufficient information to
allow the Trust to make an informed decision on whether any proposed activity is
consistent with the terms and purposes of this Easement. At a minimum, this
should include:
• The location, nature, and scope of the proposed activity.
• The proposed use, design, and location of any building, structure or
• The potential impact on the Conservation Values of the Protected Property.
Approval The Land Trust may withhold its approval if it determines that the
proposal is inconsistent with the terms or purposes of this Easement or lacks
sufficient information to allow the Land Trust to reach an informed decision. The
Land Trust may condition its approval on the Owner's acceptance of
modifications, which would, in the Land Trust's judgment, make the proposed
activity consistent with the Easement or otherwise meet any concerns.
Approval of the Land Trust must be in writing to be effective.
Binding Effect This Easement creates a property right immediately vested in the
Land Trust and its successors and assigns that cannot be terminated or extinguished
except as set out herein.
This Easement shall run with and burden the Protected Property in perpetuity. The
terms of this Easement are binding and enforceable against the current Owner of the
Protected Property, all successors in title to the Protected Property and all other
parties entitled to possess or use the Protected Property.
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If at any time the Land Trust or other holder of this Easement becomes the owner of
all or a portion of the fee interest in the Protected Property, this Easement shall not be
deemed to merge with the underlying fee interest but shall remain in force and effect
unless otherwise terminated or extinguished as set out herein.
7.9. Definitions Unless the context requires otherwise, the term "Owner" includes,
jointly and severally, the current owner or owners of the Protected Property identified
above and their personal representatives, heirs, successors and assigns in title to the
Protected Property. The term "Land Trust" includes the Minnesota Land Trust and its
successors or assigns to its interest in this Easement.
7.10. Termination of Rights and Obligations A party's rights and obligations under this
Easement terminate upon the transfer or termination of that party's interest in this
Easement or the Protected Property, provided, however, that any liability for acts or
omissions occurring prior to the transfer or termination will survive that transfer or
termination.
7.11. Recording The Land Trust will record this Easement in a timely manner in the
official records for the county in which the Protected Property is located. The Land
Trust may re- record this Easement or any other documents necessary to protect its
rights under this Easement or to assure the perpetual enforceability of this Easement.
7.12. Interpretation This Easement shall be interpreted as follows.
a. Controlling Law and Construction This Easement shall be governed by the laws
of the State of Minnesota and construed to resolve any ambiguities or questions of
validity of specific previsions in favor of giving maximum effect to its
conservation purposes and to the policies and purposes of Minnesota Statutes
Chapter 84C.
b. Severability A determination that any provision or specific application of this
Easement is invalid shall not affect the validity of the remaining provisions or any
future application.
c. Captions Captions have been inserted in this document solely for convenience of
reference and shall have no effect upon interpretation or construction.
d. Future Economic Condition In conveying this Easement, the Owner has
considered the possibility that uses of the Protected Property prohibited by this
Easement may in the future become more economically valuable than uses
permitted by this Easement and that neighboring properties may be put entirely to
such prohibited uses. Such changes alone are not deemed to be circumstances
justifying the extinguishment of this Easement as otherwise set forth above.
7.13. Additional Documents The Owner agrees to execute or provide any additional
documents reasonably needed by the Land Trust to carry out in perpetuity the
provisions and the intent of this Easement, including, but not limited to any
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Packet Page Number 68 of 206
documents needed to correct any legal description or title matter or to comply with
any federal, state, or local law, rule or regulation.
7.14. Entire Agreement This document sets forth the entire agreement of the parties with
respect to this Easement and supersedes all prior discussions or understandings.
lank.
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IN WITNESS WHEREOF, the Owner has voluntarily executed this Conservation Easement on
the day of , 2009.
CITY OF MAPLE
By:
Mayor
By:
State of MINNESOTA
County of
City Manager
}
ss
}
The foregoing instrument was acknowledged before me this day of , 2009, by
and , the Mayor and the City
Manager, respectively, of the City of Maplewood, a municipal corporation in the State of
Minnesota, on behalf of said municipal corporation.
Notary Public
My Commission Expires:
18
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ACCEPTANCE
The MINNESOTA LAND TRUST hereby accepts the foregoing Conservation Easement as of
the day of , 2009.
MIT
Title:
State of MINNESOTA
County of
} ss
The foregoing instrument was acknowledged before me this day of ,
2009, by , the of
the Minnesota Land Trust, a non - profit corporation under the laws of the State of Minnesota, on
behalf of said corporation.
Notary Public
My Commission Expires:
This document drafted by:
Minnesota Land Trust
2356 University Avenue West
St. Paul, MN 55114
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Exhibit A
Legal Description of the Protected Property
TO BE ADDED
20
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RESOLUTION NO.
CITY OF MAPLEWOOD, MINNESOTA
RESOLUTION APPROVING CONSERVATION EASEMENT
FOR PRIORY NEIGHBOHORHOOD PRESERVE
Attachment 4
WHEREAS the Priory Neighborhood Preserve is one of the city's most treasured natural areas; and
WHEREAS the Priory Neighborhood Preserve is valued for its ecological quality and the opportunities
it offers for education and enjoyment of nature; and
WHEREAS the Priory Neighborhood Preserve is located in one of Maplewood's Natural Area
Greenways; and
WHEREAS a conservation easement will permanently protect this land as a natural area; and
WHEREAS the City of Maplewood supports executing a conservation easement for Priory
Neighborhood Preserve with Minnesota Land Trust as the easement holder; and
NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the
governing body of the City authorizes staff to proceed with filing the legal documents to execute a
conservation easement for Priory Neighborhood Preserve.
I certify that the above resolution was adopted by the City Council of the City of Maplewood,
Minnesota, on
SIGNED:
(Signature)
Mayor
(Date)
WITNESSED:
(Signature)
City Clerk
(Date)
Packet Page Number 73 of 206
Agenda Item K -2
Memorandum
To: James W. Antonen, City Manager
From: Bob Mittet, Finance Director
Date: November 19, 2009
Re: Approve Resolution for Adoption of Electric Franchise Tax Rates for 2010
BACKGROUND
At the November 9, 2009 City Council meeting, staff requested an increase of $0.25 per
month per household in the electric franchise fee. Council requested additional
information on the rates and corresponding increases in commercial /industrial
customers.
As of this writing, inquiries to Xcel Energy have not been returned and staff is not
prepared to address Council questions at this time.
RECOMMENDATION
Staff requests this matter be tabled until such time as we are able to obtain the
necessary information.
Packet Page Number 74 of 206
Memorandum Agenda Item K -3
To: James W. Antonen, City Manager
From: Robert Mittet, Finance Director
Date: November 18, 2009
Re: Resolution Accepting Proposal on the Competitive
Negotiated Sale of $2,770,000 General Obligation Improvement Refunding
Bonds, Series 20096, and Providing for Their Issuance
At the Regular City Council meeting held on October 26, 2009, preliminary approval for
the issuance of $2,770,000 of General Obligation Improvement and Refunding Bonds,
Series 2009E was approved.
The resolution will be available after bids are received on Monday, November 23, 2009.
A form of the resolution is attached.
Staff recommends approval of the attached resolution which will:
1. Accept the bid proposal, and
2. Provide for their issuance.
Packet Page Number 75 of 206
EXTRACT OF MINUTES OF A MEETING
OF THE CITY COUNCIL
CITY OF MAPLEWOOD, MINNESOTA
HELD: November 23, 2009
Pursuant to due call, 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 November 23, 2009,
at 7:00 P.M, for the purpose, in part, of considering proposals and awarding the competitive
negotiated sale of $2,770,000 General Obligation Improvement Refunding Bonds, Series 20098.
The following members were present:
and the following were absent:
The City Clerk presented proposals on $2,770,000 General Obligation Improvement
Refunding Bonds, Series 2009B, for which proposals were received, opened and tabulated by the
City Clerk, or designee, this same day, in accordance with the resolution adopted by the City
Council on October 26, 2009.
The following proposals were received, opened and tabulated at 11:00 A.M., central time,
at the offices of Springsted Incorporated, in the presence of the City Clerk, or designee, on this
same day:
Bidder Interest Rate True Interest Cost
See Attached Exhibit A
The Council then proceeded to consider and discuss the proposals, after which Member
introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE
OF $2,770,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES
2009B, PROVIDING FOR THEIR ISSUANCE AND PLEDGING FOR THE SECURITY
THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT
THEREOF
A. WHEREAS, the City of Maplewood, Minnesota (the "City"), hereby determines
and declares that it is necessary and expedient to provide moneys for a current refunding on
February 1, 2010 (the "Call Date ") the City's outstanding $4,815,000 original principal amount
of General Obligation Improvement Bonds, Series 2002A, dated August 1, 2002 (the "Prior
Bonds "), which mature on and after February 1, 2011, in the aggregate principal amount of
$2,720,000 (the "Refunded Bonds "), at a price of par plus accrued interest, as provided in the
Resolution of the City Council, adopted on July 18, 2002 (the "Prior Resolution "); and
2429405v1
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B. WHEREAS, the refunding of the Refunded Bonds on the Call Date is consistent
with covenants made with the holders thereof, and is necessary and desirable for the reduction of
debt service cost to the City; and
C. WHEREAS, the City Council hereby determines and declares that it is necessary
and expedient to issue $2,770,000 General Obligation Improvement Refunding Bonds, Series
2009B, pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a current refunding
of the Refunded Bonds; and
D. WHEREAS, it is in the best interests of the City that the Bonds be issued in book -
entry form as hereinafter provided; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood,
Minnesota, as follows:
1_ Acceptance of Proposal The proposal of (the "Purchaser "),
to purchase the Bonds in accordance with the terms and at the rates of interest hereinafter set
forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby
found, determined and declared to be the most favorable proposal received and is hereby
accepted, and the Bonds are hereby awarded to said proposal maker. The Clerk is directed to
retain the deposit of said proposal maker and to forthwith return to the unsuccessful bidders their
good faith checks and Financial Surety Bonds.
2. Terms of Bonds
(a) Original Issue Date, Denominations, Maturities The Bonds shall be dated
December 1, 2009, as the date of original issue and shall be issued forthwith on or after such date
in fully registered form. The Bonds shall be numbered from R -I upward in the denomination of
$5,000 each or in any integral multiple thereof of a single maturity (the "Authorized
Denominations "). The Bonds shall mature on February 1 in the years and amounts as follows:
Year Amount
2011
2012
2013
2014
2015
2016
2017
2018
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All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds
may be issued having mandatory sinking fund redemption and final maturity amounts
conforming to the foregoing principal repayment schedule, and corresponding additions may be
made to the provisions of the applicable Bond(s).
(b) Book Entry Only S sue The Depository Trust Company, a limited purpose
trust company organized under the laws of the State of New York or any of its successors or its
successors to its functions hereunder (the "Depository ") will act as securities depository for the
Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book entry form
only (the 'Book Entry Only Period "), shall at all times be in the form of a separate
single fully registered Bond for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized
Denominations for any Bond shall be deemed to be limited during the Book Entry
Only Period to the outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Bond Registrar (as hereinafter defined) in the name of
CEDE & CO, as the nominee (it or any nominee of the existing or a successor
Depository, the "Nominee ").
(iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any
responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Bonds as securities depository (the
"Participant ") or the person for which a Participant holds an interest in the Bonds
shown on the books and records of the Participant (the 'Beneficial Owner ").
Without limiting the immediately preceding sentence, neither the City, nor the
Bond Registrar, shall have any such responsibility or obligation with respect to
(A) the accuracy of the records of the Depository, the Nominee or any Participant
with respect to any ownership interest in the Bonds, or (B) the delivery to any
Participant, any Owner or any other person, other than the Depository, of any
notice with respect to the Bonds, including any notice of redemption, or (C) the
payment to any Participant, any Beneficial Owner or any other person, other than
the Depository, of any amount with respect to the principal of or premium, if any,
or interest on the Bonds, or (D) the consent given or other action taken by the
Depository as the Registered Holder of any Bonds (the "Holder "). For purposes
of securing the vote or consent of any Holder under this Resolution, the City may,
however, rely upon an omnibus proxy under which the Depository assigns its
consenting or voting rights to certain Participants to whose accounts the Bonds
are credited on the record date identified in a listing attached to the omnibus
proxy.
(iv) The City and the Bond Registrar may treat as and deem the Depository to be the
absolute owner of the Bonds for the purpose of payment of the principal of and
premium, if any, and interest on the Bonds, for the purpose of giving notices of
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redemption and other matters with respect to the Bonds, for the purpose of
obtaining any consent or other action to be taken by Holders for the purpose of
registering transfers with respect to such Bonds, and for all purpose whatsoever.
The Bond Registrar, as paying agent hereunder, shall pay all principal of and
premium, if any, and interest on the Bonds only to the Holder or the Holders of
the Bonds as shown on the bond register, and all such payments shall be valid and
effective to fully satisfy and discharge the City's obligations with respect to the
principal of and premium, if any, and interest on the Bonds to the extent of the
sum or sums so paid.
(v) Upon delivery by the Depository to the Bond Registrar of written notice to the
effect that the Depository has determined to substitute a new Nominee in place of
the existing Nominee, and subject to the transfer provisions in paragraph 10,
references to the Nominee hereunder shall refer to such new Nominee.
(vi) So long as any Bond is registered in the name of a Nominee, all payments with
respect to the principal of and premium, if any, and interest on such Bond and all
notices with respect to such Bond shall be made and given, respectively, by the
Bond Registrar or City, as the case may be, to the Depository as provided in the
Letter of Representations to the Depository required by the Depository as a
condition to its acting as book -entry Depository for the Bonds (said Letter of
Representations, together with any replacement thereof or amendment or
substitute thereto, including any standard procedures or policies referenced
therein or applicable thereto respecting the procedures and other matters relating
to the Depository's role as book -entry Depository for the Bonds, collectively
hereinafter referred to as the "Letter of Representations ").
(vii) All transfers of beneficial ownership interests in each Bond issued in book -entry
form shall be limited in principal amount to Authorized Denominations and shall
be effected by procedures by the Depository with the Participants for recording
and transferring the ownership of beneficial interests in such Bonds.
(viii) In connection with any notice or other communication to be provided to the
Holders pursuant to this Resolution by the City or Bond Registrar with respect to
any consent or other action to be taken by Holders, the Depository shall consider
the date of receipt of notice requesting such consent or other action as the record
date for such consent or other action; provided, that the City or the Bond Registrar
may establish a special record date for such consent or other action. The City or
the Bond Registrar shall, to the extent possible, give the Depository notice of such
special record date not less than fifteen calendar days in advance of such special
record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under this
Resolution and any paying agency/bond registrar agreement, shall agree to take
any actions necessary from time to time to comply with the requirements of the
Letter of Representations.
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(x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of
surrendering the Bonds for a Bond of a lesser denomination as provided in
paragraph 5, make a notation of the reduction in principal amount on the panel
provided on the Bond stating the amount so redeemed.
(c) Termination of Book -Entry Only System Discontinuance of a particular
Depository's services and termination of the book -entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its services with respect
to the Bonds at any time by giving written notice to the City and discharging its
responsibilities with respect thereto under applicable law. The City may
terminate the services of the Depository with respect to the Bond if it determines
that the Depository is no longer able to carry out its functions as securities
depository or the continuation of the system of book -entry transfers through the
Depository is not in the best interests of the City or the Beneficial Owners.
(ii) Upon termination of the services of the Depository as provided in the preceding
paragraph, and if no substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the
City, is willing and able to assume such functions upon reasonable or customary
terms, or if the City determines that it is in the best interests of the City or the
Beneficial Owners of the Bond that the Beneficial Owners be able to obtain
certificates for the Bonds, the Bonds shall no longer be registered as being
registered in the bond register in the name of the Nominee, but may be registered
in whatever name or names the Holder of the Bonds shall designate at that time,
in accordance with paragraph 10. To the extent that the Beneficial Owners are
designated as the transferee by the Holders, in accordance with paragraph 10, the
Bonds will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph
10.
(d) Letter of Representations The provisions in the Letter of Representations are
incorporated herein by reference and made a part of the resolution, and if and to the extent any
such provisions are inconsistent with the other provisions of this resolution, the provisions in the
Letter of Representations shall control.
3. Purpose; Refunding Findings The Bonds shall provide funds for a current
refunding of the Refunded Bonds (the "Refunding "). It is hereby found, determined and declared
that the Refunding is pursuant to Minnesota Statutes, Section 475.67, and shall result in a
reduction of debt service cost to the City.
4. Interest The Bonds shall bear interest payable semiannually on February 1 and
August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 2010,
calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per
annum set forth opposite the maturity years as follows:
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Maturity Year Interest Rate
2011
2012
2013
2014
2015
2016
2017
2018
5. No Optional Redemption The Bonds shall not be subject to redemption and
prepayment prior to their stated maturity dates.
6. Bond Re ig stray U.S. Bank National Association, St. Paul, Minnesota is
appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond
Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all
pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith.
The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is
duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or
record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12.
7. Form of Bond The Bonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following farm:
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UNITED STATES OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
R- S
GENERAL OBLIGATION REFUNDING IMPROVEMENT BOND, SERIES 2009B
Interest Rate Maturity Date of Original Issue CUSIP
February 1, December 1, 2009
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The City of Maplewood, Ramsey County, Minnesota (the "Issuer "), certifies that it is
indebted and for value received promises to pay to the registered owner specified above, or
registered assigns, in the manner hereinafter set forth, the principal amount specified above, on
the maturity date specified above, without option of prior payment, and to pay interest thereon
semiannually on February 1 and August I of each year (each, an "Interest Payment Date "),
commencing August 1, 2010, at the rate per annum specified above (calculated on the basis of a
360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for.
This Bond will bear interest from the most recent Interest Payment Date to which interest has
been paid or, if no interest has been paid, from the date of original issue hereof. The principal of
and premium, if any, on this Bond are payable upon presentation and surrender hereof at the
principal office of U.S. Bank National Association, in St. Paul, Minnesota (the 'Bond
Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer
(the "Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by
the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft
mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder ") on
the registration books of the Issuer maintained by the Bond Registrar and at the address
appearing thereon at the close of business on the fifteenth day of the calendar month next
preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely
paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record
Date, and shall be payable to the person who is the Holder hereof at the close of business on a
date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes
available for payment of the defaulted interest. Notice of the Special Record Date shall be given
to Bondholders not less than ten days prior to the Special Record Date. The principal of and
premium, if any, and interest on this Bond are payable in lawful money of the United States of
America. So long as this Bond is registered in the name of the Depository or its Nominee as
provided in the Resolution hereinafter described, and as those terms are defined therein, payment
of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be
made as provided in the Letter of Representations, as defined in the Resolution, and surrender of
this Bond shall not be required for payment of the redemption price upon a partial redemption of
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this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds
may only be registered in the name of the Depository or its Nominee.
No Optional Redemption The Bonds of this issue (the "Bonds ") are not subject to
redemption and prepayment prior to their stated maturity date.
Issuance; Purpose; General Obligation This Bond is one of an issue in the total principal
amount of $2,770,000, all of like date of original issue and tenor, except as to number, maturity,
interest rate and denomination, issued pursuant to and in full conformity with the Constitution
and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of
the Issuer on November 23, 2009 (the "Resolution "), for the purpose of providing funds for a
current refunding of the Issuer's General Obligation Improvement Bonds, Series 2002A, dated
August 1, 2002 which mature on and after February 1, 2011. This Bond is payable out of the
General Obligation Improvement Refunding Bonds, Series 2009B Fund of the Issuer. This Bond
constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full
payment of its principal, premium, if any, and interest when the same become due, the full faith
and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged.
Denominations; Exchange; Resolution The Bonds are issuable solely in fully registered
form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully
registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner and subject to the limitations
provided in the Resolution. Reference is hereby made to the Resolution for a description of the
rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal
office of the Bond Registrar.
Transfer This Bond is transferable by the Holder in person or the Holder's attorney duly
authorized in writing at the principal office of the Bond Registrar upon presentation and
surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond
Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners The Issuer and Bond Registrar may treat the person in
whose name this Bond is registered as the owner hereof for the purpose of receiving payment as
herein provided (except as otherwise provided herein with respect to the Record Date) and for all
other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
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Authentication This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been executed
by the Bond Registrar.
Qualified Tax - Exempt Obligations The Bonds have been designated by the Issuer as
"qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws of the State of Minnesota and the Charter of the Issuer to
be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been
done, have happened and have been performed, in regular and due form, time and manner as
required by law, and that this Bond, together with all other debts of the Issuer outstanding on the
date of original issue hereof and the date of its issuance and delivery to the original purchaser,
does not exceed any constitutional, statutory or charter limitation of indebtedness.
IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its
City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its
Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as
permitted by law.
Date of Registration: Registrable by: U.S. BANK NATIONAL
ASSOCIATION
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bond is one of the
Bonds described in the
Resolution mentioned
within.
U.S. Bank National Association
St. Paul, Minnesota,
Bond Registrar
RM
Authorized Signature
Payable at: U.S. BANK NATIONAL
ASSOCIATION
CITY OF MAPLEWOOD,
RAMSEY COUNTY, MINNESOTA
/s/ Facsimile
Mayor
/s/ Facsimile
Clerk
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ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Bond, shall
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship and not as tenants in common
UTMA - as custodian for
(Cust) (Minor)
under the Uniform
(State)
Transfers to Minors Act
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and does hereby
irrevocably constitute and appoint attorney to transfer the Bond
on the books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Notice: The assignor's signature to this assignment must correspond with
the name as it appears upon the face of the within Bond in every
particular, without alteration or any change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one of the major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad- I5(a)(2).
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the transferee requested below is provided.
Name and Address:
(Include information for all joint owners if the Bond is held by joint
account.)
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8. Execution The Bonds shall be in typewritten form, shall be executed on behalf of
the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City;
provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate
seal has been omitted. In the event of disability or resignation or other absence of either officer,
the Bonds may be signed by the manual or facsimile signature of the officer who may act on
behalf of the absent or disabled officer. In case either officer whose signature or facsimile of
whose signature shall appear on the Bonds shall cease to be such officer before the delivery of
the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes,
the same as if the officer had remained in office until delivery.
9. Authentication No Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers of the City on each Bond by execution of the Certificate of Authentication
on the Bond and by inserting as the date of registration in the space provided the date on which
the Bond is authenticated, except that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of
December 1, 2009. The Certificate of Authentication so executed on each Bond shall be
conclusive evidence that it has been authenticated and delivered under this resolution.
10. Registration, Transfer; Exchange The City will cause to be kept at the principal
office of the Bond Registrar a bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds
and the registration of transfers of Bonds entitled to be registered or transferred as herein
provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the
City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee
or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a
like aggregate principal amount, having the same stated maturity and interest rate, as requested
by the transferor; provided, however, that no Bond may be registered in blank or in the name of
"bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized
Denomination or Denominations of a like aggregate principal amount and stated maturity, upon
surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever
any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond
Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the
Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall
be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City.
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All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations of the City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or
be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar,
duly executed by the Holder thereof or his, her or its attorney duly authorized in writing
The Bond Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Bond and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in any
agreement with the Bond Registrar, including regulations which permit the Bond Registrar to
close its transfer books between record dates and payment dates. The Administrator-Clerk-
Treasurer is hereby authorized to negotiate and execute the terms of said agreement.
11. Rights Upon Transfer or Exchange Each Bond delivered upon transfer of or in
exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid,
and to accrue, which were carried by such other Bond.
12. Interest Payment, Record Date Interest on any Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth day of the calendar
month next preceding such Interest Payment Date (the 'Regular Record Date "). Any such
interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of
the Regular Record Date, and shall be payable to the person who is the Holder thereof at the
close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever
money becomes available for payment of the defaulted interest. Notice of the Special Record
Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the
Special Record Date.
13. Treatment of Registered Owner The City and Bond Registrar may treat the
person in whose name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not
such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by
notice to the contrary.
14. Delivery, Application of Proceeds The Bonds when so prepared and executed
shall be delivered by the Clerk to the Purchaser upon receipt of the purchase price, and the
Purchaser shall not be obliged to see to the proper application thereof.
15. Fund and Accounts For the convenience and proper administration of the
moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to
the Purchaser and holders from time to time of the Bonds, there is hereby created a special fund
to be designated the "General Obligation Improvement Refunding Bonds, Series 2009E Fund"
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(the "Fund ") to be administered and maintained by the Finance and Administration Manager as a
bookkeeping account separate and apart from all other funds maintained in the official financial
records of the City. The Fund shall be maintained in the manner herein specified until all of the
Bonds and the interest thereon shall have been fully paid. There shall be maintained and created
in the fund the "Payment Account" and a "Debt Service Account."
(a) Payment Account The proceeds of the Bonds, less accrued interest shall be
deposited in the Payment Account. On or prior to the Call Date, the Finance and Administration
Manager shall transfer S of the proceeds of the Bonds from the Payment
Account to the paying agent for the Prior Bonds. The sums are sufficient, together with other
funds on deposit in the debt service fund for the Refunded Bonds, to pay the principal and
interest due on the Refunded Bonds after the Call Date, including the principal of the Refunded
Bonds called for redemption on the Call Date. The remainder of the monies in the Payment
Account shall be used to pay the costs of issuance of the Bonds. Any monies remaining in the
Payment Account after payment of all costs of issuance and payment of the Refunded Bonds
shall be transferred to the Debt Service Account.
(b) Debt Service Account To the Debt Service Account there is hereby pledged and
irrevocable appropriated and there shall be credited: (1) accrued interest; (2) any balance
remaining after the Call Date, in the Prior Bonds Debt Service Account created by the Prior
Resolution; (3) any uncollected special assessments which were heretofore pledged for the
payment of the Refunded Bonds and are herein pledged to the payment of the Bonds; (4) all
investment earnings on funds in the Debt Service Account; (5) any taxes herein or hereafter
levied for the payment of the Bonds; (6) any and all other moneys which are properly available
and are appropriated by the governing body of the City to the Debt Service Account. The
amount of any surplus remaining in the Debt Service Account when the Bonds and interest
thereon are paid shall be used consistent with Minnesota Statutes, Section 475.6 1, Subdivision 4.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire
higher yielding investments or to replace funds which were used directly or indirectly to acquire
higher yielding investments, except (1) for a reasonable temporary period until such proceeds are
needed for the purpose for which the Bonds were issued and (2) in addition to the above in an
amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To
this effect, any proceeds of the Bonds and any sums from time to time held in the Debt Service
Account (or any other City account which will be used to pay principal or interest to become due
on the bonds payable therefrom) in excess of amounts which under then applicable federal
arbitrage regulations may be invested without regard to yield shall not be invested at a yield in
excess of the applicable yield restrictions imposed by the arbitrage regulations on such
investments after taking into account any applicable "temporary periods" or "minor portion"
made available under the federal arbitrage regulations. Money in the Fund shall not be invested
in obligations or deposits issued by, guaranteed by or insured by the United States or any agency
or instrumentality thereof if and to the extent that such investment would cause the Bonds to be
"federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of
1986, as amended (the "Code ").
16. Assessments The City has heretofore levied special assessments pursuant to the
Prior Resolution, which have been pledged to the payment of the principal and interest on the
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Prior Bonds. All uncollected special assessments are now pledged to the payment of principal of
and interest on the Bonds. The balance of the special assessments shall be payable in equal,
consecutive, annual installments with general taxes for the years shown below and with interest
on the declining balance of all such installments as follows:
Improvement Designations Levy Years Collection Years Amount Rate
See attached schedule
17. Tax Levy, Coverage Test To provide moneys for payment of the principal and
interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct
annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of
other general property taxes in the City for the years and in the amounts as follows:
Levy Years Collection Years Amount
See attached schedule
The tax levies are such that if collected in full they, together with estimated collections of
special assessments herein pledged for the payment of the Bonds, will produce at least five
percent in excess of the amount needed to meet when due the principal and interest payments on
the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and
unpaid, provided that the City reserves the right and power to reduce the levies in the manner and
to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3.
The taxes levied by the Prior Resolution in the years 20 to 20 shall be canceled.
18. General Obligation Pledge For the prompt and full payment of the principal and
interest on the Bonds, as the same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt
Service Account is ever insufficient to pay all principal and interest then due on the Bonds and
any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds
of the City which are available for such purpose, and such other funds may be reimbursed with
or without interest from the Debt Service Account when a sufficient balance is available therein.
19. Prior Bonds; Security and Prepayment Until retirement of the Prior Bonds, all
provisions for the security thereof shall be observed by the City and all of its officers and agents.
The Refunded Bonds shall be redeemed and prepaid on the Call Date in accordance with the
terms and conditions set forth in the Notice of Call for Redemption attached hereto as Exhibit A
which terms and conditions are hereby approved and incorporated herein by reference.
20. Supplemental Resolution The Prior Resolution authorizing the issuance of the
Prior Bonds is hereby supplemented to the extent necessary to give effect to the provisions
hereof.
21. Certificate of Registration The Clerk is hereby directed to file a certified copy of
this resolution with the County Auditor of Ramsey County, Minnesota, together with such other
information as the County Auditor shall require, and to obtain the County Auditor's certificate
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that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy
required by law has been made.
22. Records and Certificates The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and records of the City relating to the
Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates
and information as are required to show the facts relating to the legality and marketability of the
Bonds as the same appear from the books and records under their custody and control or as
otherwise known to them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts recited therein.
23. Continuing Disclosure The City is the sole obligated person with respect to the
Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "),
promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the
Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the
"Undertaking ") hereinafter described to:
(a) Provide or cause to be provided to the Municipal Securities Rule Making Board
(the "MSRB ") by filing at www.emma.msrb.org in accordance with the Undertaking, certain
annual financial information and operating data in accordance with the Undertaking. The City
reserves the right to modify from time to time the terms of the Undertaking as provided therein.
(b) Provide or cause to be provided, in a timely manner, to the MSRB notice of the
occurrence of certain material events with respect to the Bonds in accordance with the
Undertaking.
(c) Provide or cause to be provided, in a timely manner, to the MSRB notice of a
failure by the City to provide the annual financial information with respect to the City described
in the Undertaking.
(d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph
and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be
enforceable on behalf of such Holders; provided that the right to enforce the provisions of these
covenants shall be limited to a right to obtain specific enforcement of the City's obligations under
the covenants.
The Mayor and Clerk or any other officer of the City authorized to act in their place are
hereby authorized and directed to execute on behalf of the City the Undertaking in substantially
the form presented to the City Council subject to such modifications thereof or additions thereto
as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the
Bonds, and (iii) acceptable to the Mayor and Clerk.
24. Negative Covenant as to Use of Bond Proceeds and Project The City hereby
covenants not to use the proceeds of the Bonds or to use the improvements refinanced by the
Prior Bonds (the "Project "), or to cause or permit them to be used, or to enter into any deferred
payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be
"private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code.
2429405v1 15
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25. Tax - Exempt Status of the Bonds; Rebate The City shall comply with
requirements necessary under the Code to establish and maintain the exclusion from gross
income under Section 103 of the Code of the interest on the Bonds, including without limitation
(1) requirements relating to temporary periods for investments, (2) limitations on amounts
invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment
earnings to the United States if the Bonds (together with other obligations reasonably expected to
be issued and outstanding at one time in this calendar year) exceed the small issuer exception
amount of $5,000,000.
For purposes of qualifying for the exception to the federal arbitrage rebate requirements
for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and
declares that:
(a) the Bonds are issued by a governmental unit with general taxing powers;
(b) no Bond is a private activity bond;
(c) ninety -five percent or more of the net proceeds of the Bonds are to be used for
local governmental activities of the City (or of a governmental unit the jurisdiction of which is
entirely within the jurisdiction of the City); and
(d) the aggregate face amount of all tax exempt bonds (other than private activity
bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one
issuer with the City) during the calendar year in which the Bonds are issued and outstanding at
one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section
148(f)(4)(D) of the Code.
Furthermore:
(e) there shall not be taken into account for purposes of said $5,000,000 limit any
bond issued to refund (other than to advance refund) any bond to the extent the amount of the
refunding bond does not exceed the outstanding amount of the refunded bond;
(f) the aggregate face amount of the Bonds does not exceed $5,000,000;
(g) each of the Refunded Bonds was issued as part of an issue which was treated as
meeting the rebate requirements by reason of the exception for governmental units issuing
$5,000,000 or less of bonds;
(h) the average maturity of the Bonds does not exceed the average maturity of the
Refunded Bonds; and
(i) no part of the Bonds has a maturity date which is later than the date which is
thirty years after the dates the Refunded Bonds were issued.
26. Designation of Qualified Tax - Exempt Obligations. In order to qualify the Bonds
as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the
City hereby makes the following factual statements and representations:
2429405v1 16
Packet Page Number 91 of 206
(a) the Bonds are issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(c) the City hereby designates the Bonds as "qualified tax exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount of tax exempt obligations (other than private
activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will
be issued by the City (and all entities treated as one issuer with the City, and all subordinate
entities whose obligations are treated as issued by the City) during this calendar year 2009 will
not exceed $30,000,000;
(e) not more than $30,000,000 of obligations issued by the City during this calendar
year 2009 have been designated for purposes of Section 265(b)(3) of the Code; and
(f) the aggregate face amount of the Bonds does not exceed $30,000,000.
Furthermore:
(g) each of the Refunded Bonds was designated as a "qualified tax exempt
obligation" for purposes of Section 265(b)(3) of the Code;
(h) the aggregate face amount of the Bonds does not exceed $30,000,000;
(i) the average maturity of the Bonds does not exceed the remaining average maturity
of the Refunded Bonds;
0) no part of the Bonds has a maturity date which is later than the date which is
thirty years after the date the Refunded Bonds were issued; and
(k) the Bonds are issued to refund, and not to "advance refund" the Prior Bonds
within the meaning of Section 149(d)(5) of the Code, and shall not be taken into account under
the $30,000,000 issuance limit to the extent the Bonds do not exceed the outstanding amount of
the Prior Bonds.
The City shall use its best efforts to comply with any federal procedural requirements which may
apply in order to effectuate the designation made by this paragraph.
27. Defeasance When all Bonds have been discharged as provided in this paragraph,
all pledges, covenants and other rights granted by this resolution to the registered holders of the
Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with
respect to any Bonds which are due on any date by irrevocably depositing with the Bond
Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond
should not be paid when due, it may nevertheless be discharged by depositing with the Bond
Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such
deposit. The City may also at any time discharge its obligations with respect to any Bonds,
subject to the provisions of law now or hereafter authorizing and regulating such action, by
2429405v1 17
Packet Page Number 92 of 206
depositing irrevocably in escrow, with a suitable banking institution qualified by law as an
escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67,
Subdivision 8, bearing interest payable at such times and at such rates and maturing on such
dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to
become due thereon to maturity or, if notice of redemption as herein required has been duly
provided for, to such earlier redemption date.
28. Severability If any section, paragraph or provision of this resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions of this resolution.
29. Headings Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
2429405v1 l 8
Packet Page Number 93 of 206
The motion for the adoption of the foregoing resolution was duly seconded by member
and, after a full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
2429405v1 19
Packet Page Number 94 of 206
STATE OF MINNESOTA
COUNTY OF BLUE EARTH AND NICOLLET
CITY OF MAPLEWOOD
I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that the same is a full, true and
complete transcript of the minutes of a meeting of the City Council of the City, duly called and
held on the date therein indicated, insofar as such minutes relate to considering proposals and
awarding the sale of $2,770,000 General Obligation Improvement Refunding Bonds, Series
!i
WITNESS my hand on November , 2009.
Clerk
2429405v1 20
Packet Page Number 95 of 206
EXHIBIT A
NOTICE OF CALL FOR REDEMPTION
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2002A
CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that by order of the City Council of the City of
Maplewood, Ramsey County, Minnesota, there have been called for redemption and prepayment
on
February 1, 2010
those outstanding bonds of the City designated as General Obligation Improvement Bonds,
Series 2002A, dated as of August 1, 2002, subject to mandatory redemption or having stated
maturity dates in the years 2011 through 2018, inclusive, and totaling $2,720,000 in principal
amount and having CUSIP numbers listed below:
Year CUSIP
2011
2012
2013
2014
2015
2016
2017
2018
The bonds are being called at a price of par plus accrued interest to February 1, 2010, on which
date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for
redemption are requested to present their bonds for payment, at U.S. Bank National Association,
Attention: Paying Agent Services, 60 Livingston Avenue, St. Paul, Minnesota 55107 on or
before February 1, 2010.
Dated: November 23, 2009 BY ORDER OF THE CITY COUNCIL
/s/ . Clerk
*The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any
representation made as to their correctness indicated in the notice. They are included solely for
the convenience of the holders.
2429406vl A -I
Packet Page Number 96 of 206
Agenda Item L1
AGENDA REPORT
TO: City Manager, Jim Antonen
FROM: IT Director, Mychal Fowlds
SUBJECT: Authorization to Obtain Web Streaming Services
DATE: November 17, 2009
Introduction
The City Council has expressed interest and support for the web streaming of City meetings. Working with
our cable commission we are now able to offer this service.
Earlier in 2009 the City Council asked that we pursue an agreement to receive web streaming services
from the North Suburban Cable Commission. Our cable commission and NSCC have now finalized that
agreement and are now able to accept our request for service.
Budget Impact
Monthly charges for this project include streaming services for all 9 meeting bodies and 14 meetings per
month. Charges to be incurred are a one -time equipment fee not to exceed $1,500 and an on -going
monthly fee of no more than $1,046.38 which will be paid for from Maplewood's annual redistribution of
franchise fees.
Recommendation
It is recommended that authorization be given to staff to request web streaming services for all of our
meeting bodies and all meetings.
Action Required
Submit to City Council for review and approval.
Attachments:
1. Letter requesting streaming services
MRF
Packet Page Number 97 of 206
City of Maplewood
Mychal Fowlds
1830 County Road B East
Maplewood, MN 55109
November 17, 2009
Tim Finnerty
Executive Director
Ramsey/Washington Counties Suburban Cable Commission
2460 East County Road F
White Bear Lake, MN 55110
Dear Mr. Finnerty:
We are pleased to inform you that we have chosen to request web streaming services for all of our
meeting bodies (shown below).
Business & Economic Development Commission
City Council Workshop /Meeting
Community Design Review Board
Environmental & Natural Resources Commission
Historical Preservation Commission
Housing & Redevelopment Authority
Parks & Recreation Commission
Planning Commission
Police Civil Service Commission
The inclusion of all of these meetings means that we will be recording a total of 14 meetings per
month. According to the terms of the contract that you have entered into with NSCC the costs we
will incur will be a one -time equipment charge not to exceed $1,500 and an on -going monthly fee
of $1,046.38. We request that our charges for this service be taken out of Maplewoods annual
redistribution of franchise fees.
Please designate myself as Maplewoods Streaming Operator. We look forward to working with
you.
Sincerely,
Mychal Fowlds
IT Director
Packet Page Number 98 of 206
Agenda Item L2
AGENDA REPORT
TO: James Antonen, City Manager
FROM: Michael Thompson, Dep. Public Works Director /City Engineer
SUBJECT: Sidewalk Improvement (English Street south of Burke Circle), Project 09 -17
1. Report on Cost of Work Done by Day Labor
2. Resolution Accepting Work
DATE: November 2, 2009
INTRODUCTION
The city council will consider adopting a resolution ordering work to be done by day labor for a sidewalk
improvement along English Street.
DISCUSSION
The city had previously received requests to install a section of sidewalk connecting Burke Circle to the
existing trail on the east side of English Street. This improvement completed the pedestrian connection
from Burke Circle to the Bruce Vento Trail. Council gave approval to proceed with this work at the
September 14, 2009 regular meeting.
The project was estimated to be well under $25,000 and under MN Statute 429, the City is allowed to
utilize City Forces (staff) to complete the work; which was the case for this smaller project.
BUDGET
The original estimate for total project costs was $5,000.00. A certified itemization of actual project
materials and labor costs is provided in the attached report. The final amount is calculated at
$5,696.22. This public improvement project utilizes excess Public Improvement Project Funds. It is
recommended that $5,696.22 in excess PIP Funds be transferred from City Project 07 -19 (Fund 582)
into the Street Maintenance budget 101 - 502 - 000 -4180.
RECOMMENDATION
It is recommend that the city council approve the attached report on cost of work done by day labor for
the Sidewalk Improvement (English Street south of Burke Circle), City Project 09 -17, and also approve
the resolution for accepting the work and authorization of a budget transfer.
Attachments:
1. Report on Cost of work Done by Day Labor
2. Resolution Accepting work & Budget Transfer
Packet Page Number 99 of 206
Agenda Item L2
Attachment 1
REPORT ON COST OF WORK DONE BY DAY LABOR
CITY PROJECT 09 -17
TO THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
As the registered engineer in charge, I hereby certify that the improvements for the Sidewalk
Improvement (English Street south of Burke Circle), City Project 09 -17, has been completed according
to the plans and specifications approved by the council on September 14, 2009 and that the complete
cost of the work is $5,696.22, itemized as follows:
A. Materials: Base, concrete, pedestrian ramp, other: $ 2,545.22
B. Public Works Streets Department Day Labor 2009: $ 3,151.00
I further specify that there were no deviations from the plans and specifications for the work completed.
Michael W. Thompson, P.E.
Maplewood Assistant City Engineer
Reg. No. 45641
Packet Page Number 100 of 206
Agenda Item L2
Attachment 2
ACCEPTING WORK AND AUTHORIZING BUDGET TRANSFER
CITY PROJECT 09 -17
WHEREAS, pursuant to resolution passed by the city council on September 14, 2009, ordering
the Sidewalk Improvement (English Street south of Burke Circle), City Project 09 -17, city staff has
satisfactorily completed the improvement in accordance with the approved plans and specifications,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA that
1. The work completed under said contract is hereby accepted and approved by the City
2. The finance director is authorized and directed to complete a budget transfer of
$5,696.22 from Fund 582 (City Project 07 -19) into the Street Maintenance budget 101-
502- 000 -4180
Approved this 23 d day of November, 2009.
Packet Page Number 101 of 206
Agenda Item L3
AGENDA REPORT
TO: James Antonen, City Manager
FROM: Michael Thompson, City Engineer
SUBJECT: Rice Street / TH 36 Interchange Improvements, City Project 09 -07,
Resolution Ordering Preparation of Feasibility Study
DATE: November 16, 2009
INTRODUCTION
Rice Street and TH 36 has been a major source of traffic congestion and vehicle accidents. The
interchange project is likely to commence in 2010. The city council will consider approving the attached
resolution ordering the preparation of the feasibility study.
Background
The interchange is scheduled to be replaced in 2010 with an offset single point design. This is a
County led project and other partnering cities include Little Canada and Roseville. Each city will have a
minor share of project financing while the majority of project costs will be from County, Federal, and
State Funds.
A number of project meetings have occurred with the public over the past year. Additional information
can be found on the City's website under the Project Link menu.
Budget
A not -to- exceed project budget of $20,000 would be established for completing the feasibility study.
The feasibility study will allow the opportunity to levy special assessments as part of the City's
contribution to the project.
RECOMMENDATION
Staff recommends that the city council approve the attached resolution ordering the preparation of the
feasibility study for the Rice1TH36 Interchange Improvement Project, City Project 09 -07.
Attachments:
1. Resolution
2. Location Map
Packet Page Number 102 of 206
Agenda Item L3
Attachment 1
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make improvements to Rice /TH36 Interchange Improvements, City
Project 09 -07, and to assess the benefited properties for all or a portion of the cost of the improvement,
pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the proposed improvement be referred to the city engineer for study and that he /she is
instructed to report to the council with all convenient speed advising the council in a preliminary way as
to whether the proposed improvement is necessary, cost effective and feasible and as to whether it
should best be made as proposed or in connection with some other improvement, and the estimated
cost of the improvement as recommended.
FURTHERMORE, funds in the amount of $20,000 are appropriated to prepare this feasibility
Packet Page Number 103 of 206
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Agenda Item L3
Attachment 2
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DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and
data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only.
SOURCES: Ramsey County (November 2, 2009), The Lawrence Grouv :November 2, 2009 for County parcel and property records data; November 2009 for
Packet Paqe Number 104 of 206
Agenda Item L4
AGENDA REPORT
TO: James Antonen, City Manager
FROM: Michael Thompson, City Engineer/ Dep. Public Works Director
SUBJECT: Resolution Adopting 2010 Assessment Rates, Public Works Permit Fees,
and Park Availability Charges
DATE: November 4, 2009
INTRODUCTION
The Public Works Department is proposing revisions to the assessment rates while holding the permit
fees and park availability charges steady. The city council will consider approving the attached
resolution adopting the 2010 assessment rates, permit fees, and park availability charges (PAC).
BACKGROUND
Each year the Public Works Department analyzes assessment rates and Public Works permit fees and
recommends adjustments in order to keep up with inflation and the increase in the cost of construction;
also taking into account the general goal of the council to have benefiting properties on public
improvement projects pay special assessments that trend closer to a 50 -50 split.
DISCUSSION
Assessment rates and direct user improvement rates are proposed to increase 10 %. Currently
assessments finance approximately 30 -35% of improvement project costs. With an increase in rates
approximately 35% to 40% is expected to be covered. A goal of raising the rates to achieve a 50 -50
cost split (50% cost contribution by benefiting properties through special assessments) over the next
couple years is being pursued, and provides funding from those properties that realize the direct benefit
of the improvement. The 10% increase is suggested in keeping with the goal for achieving a 50 -50
cost split.
As the special assessment funding increases towards the 50 -50 split through increases to standard
assessments, funding from other sources such as the general tax levy can be reduced accordingly.
As a basis for reviewing Public Works permit fee increases, the department uses the implicit price
deflator as a guide, which is currently near zero. This typically accounts for the effects of inflation for
government entities. Therefore the permit fees are proposed to stay steady compared with 2009 rates.
Also there is no proposed increase to the park availability charge according to the Community
Development and Parks Director.
The standard SAC and WAC fees paid upon new sanitary sewer and water service connections are
proposed at $2,100 and $250 respectively. The SAC charge is set and regulated by Metropolitan
Council Environmental Services (MCES). Upon a new sewer connection, a fee is collected by the city
which is then distributed to MCES.
The proposed 2010 Public Works permit fees, assessments, and PAC charges can be found below and
in the attachments. It is recommended that the 2010 rates take effect on January 1, 2010. In addition,
it is recommended that these fees continue to be reviewed annually with a recommendation brought
before the city council for consideration.
Packet Page Number 105 of 206
Agenda Item L4
Street Improvement Assessments
1. Complete street reconstruction:
2. Partial reconstruction /unit:
3. Bituminous surface replacement /unit:
4. Mill & overlay /unit:
2009
2010 (10% Increase)
$6000
$6600
$4500
$4950
$3140
$3450
$2230
$2450
Other Improvement Rates
5. Storm drainage /unit:
6. Cash connect charge - water:
7. Water service w /new main construction:
8. Water service w /tap to existing main:
9. Cash connect charge - sewer:
10. Sewer service w /new main construction
11. Sewer service w /tap to existing main:
Public Works Permit Fees
Park Availability Charge (PAC)
1. Single Family Dwelling
2. Duplex
3. Townhome
4. Apartments (3-4 Units)
5. Apartments (5+ Units)
6. Mobile Homes
7. Senior Citizen Apartment (1 BR UNIT)
8. Senior Citizen Apartment (2BR UNIT)
9. Commercial Properties
RECOMMENDATION
2009
2010
$ 990
$1090
$3600
$3960
$1360
$1500
$1690
$1860
$3600
$3960
$1360
$1500
$2560
$2820
(10% Increase)
See attached fee lists (0% Increase)
2009
2010 (0% Increase)
$3540
$3540
$5620
$5620
$2810
$2810
$2810
$2810
$1980
$1980
$2600
$2600
$1140
$1140
$2080
$2080
9% of market value of property
It is recommended that the city council approve the attached Resolution for Adoption of the 2010
Assessment Rates, Public Works Permit Fees, and Park Availability Charges.
Attachments:
1. Resolution
2. Public Works 2010 Permit Fee Schedule
3. SAC WAC PAC 2010 Fee Schedule
Packet Page Number 106 of 206
Agenda Item L4
Attachment 1
RESOLUTION
ADOPTION OF THE 2010 ASSESSMENT RATES, PUBLIC WORKS PERMIT FEES,
AND PARK AVAILABILITY CHARGES
WHEREAS, the City of Maplewood has established assessment rates, permit fees, and park
availability charges, and
WHEREAS, city staff has reviewed the assessment rates, permit fees, and park availability
charges.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that:
1. The updated assessment and improvement rates shall become effective beginning January 1,
2010.
2. The updated public works fees are approved for all related permit applications received on or
after January 1, 2010.
3. The updated park availability charge shall become effective beginning January 1, 2010.
4. The rates shown will be reviewed by staff on an annual basis with recommendations for revision
brought to the city council for consideration.
Packet Page Number 107 of 206
Public Works Permit Fees - 2010
Date of Revision: 11;04169, MVVT
Sewer Service Connection Permit
Residential:
Multi-Family/Commercial/industrial:
Repair:
Private Storm Sewer and Utility Main Permit
Storm:
Private Storm Sewer Main Base Fee:
Connections to existing system, (public):
Connections to existing system, (private):
New Storm Structures, (public):
New Storm Structures, (private):
Open Cut of Public Street:
Sanitary:
Private Sanitary Sewer Main Base Fee:
Connections to existing system, (public):
Connections to existing system, (private):
New Sanitary Structures, (public):
New Sanitary Structures, (private):
Open Cut of Public Street:*
Upon adoption of ROW Ordinance and associated fee schedule,
this charge will be discontinued
Driveway Construction Permit
2008 2009 2010
$93.00 $98.00 $98.00
$107.00 $113.00 $113.00
$35.00 $37.00 $37.00
$104.00
$59.00
$25.00
$59.00
$14.00
$59.00
$110.00
$62.00
$27.00
$62.00
$15.00
$62.00
$110.00
$62.00
$27.00
$62.00
$15.00
$62.00
$104.00
$59.00
$49.00
$59.00
$49.00
$59.00
$110.00
$62.00
$52.00
$62.00
$52.00
$62.00
$110.00
$62.00
$52.00
$62.00
$52.00
$62.00
Permit:
$24.00
$26.00
$26.00
Commercial Parking Lot Paving Permit
Permit:
$100.00
$100.00 Base Fee for 0- 50,000 SF
50,000 SF and Greater = Base Fee + (SF over 50,000 SF
x 0.002)
Grading Permit
Plan Review Fee:
- 50 G.Y.
No Fee
No Fee
No Fee
51 to 100 C.Y.
$33.00
$35.00
$35.00
101 to 1000 C.Y.
$52.00
$55.00
$55.00
1001 to 10,000 C.Y.
$68.00
$72.00
$72.00
10,0001 to 100,000 C.Y.: First 10,000 C.Y.
$68.00
$72.00
$72.00
plus each additional 10,000 C.Y.
$33.00
$35.00
$35.00
100,001 to 200,000 C.Y.: First 100,000 C.Y.
$365.00
$384.00
$384.00
plus each additional 10,000 C.Y.
$19.00
$20.00
$20.00
200,000 C.Y. or More: First 200,000 C.Y.
$543.00
$571.00
$571.00
plus each additional 10,000 G.Y.
$12.00
$13.00
$13.00
Grading Permit Fee:
- 50 C.Y.
$33.00
$35.00
$35.00
51 to 100 G.Y.
$52.00
$55.00
$55.00
101 to 1000 C.Y. First 100 C.Y.
$52.00
$55.00
$55.00
plus each additional 100 C.Y.
$26.00
$28.00
$28.00
1001 to 10,000 C.Y. First 1000 C.Y.
$264.00
$278.00
$278.00
plus each additional 1000 G.Y.
$21.00
$23.00
$23.00
10,001 to 100,000 C.Y.: First 10,000 C.Y.
$438.00
$460.00
$460.00
plus each additional 10,000 C.Y.
$91.00
$96.00
$96.00
100,001 C.Y. or More: First 100,000 C.Y.
$1,239.00 $1,301.00
$1,301.00
plus each additional 10,000 C.Y.
$52.00
$55.00
$55.00
Water Availability Charge
WAG
$224.00
$236.00
$250.00
Additional Charges
All other services requiring additional staff time*
$52.00
$54.00
$54.00
* Services requiring extensive staff time beyond what is
considered reasonable for inspections or other services will be
charged $54.00 per hour
Agenda Item L4
Attachment 2
11/17/2009 ptworkslengllibl Permit Fees 2010
Packet Page Number 108 of 206
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Agenda Item L5
MEMORANDUM
TO: James Antonen, City Manager
FROM: DuWayne Konewko, Community Development /Parks Director
and Tom Ekstrand, Senior Planner
SUBJECT: Resolution for 2010 Community Development Fees
DATE: November 17, 2009
INTRODUCTION
City fees are reviewed for adjustment at the beginning of each year. The fees charged
by the Community Development department include fees for building permits and
associated charges (mechanical permits, electrical permit fees and the like), planning
fees (zoning and land use applications) and restaurant inspection fees.
i •
In 2004, the city conducted a User Fee Study to determine if the city was charging an
adequate amount of money to cover service costs for Community Development
Department fees. The city council began raising the fees incrementally over the next
five years based on this study to avoid a drastic spike in cost to the public for these
services. The end of 2007 was an exception, however, when the fees were raised to the
top end of the 5 -year fee chart.
On December 8, 2008, the city council passed a resolution setting the current fees.
DISCUSSION
Staff has reviewed the current fees and feels that the current fees charged by the
building inspections, planning and health inspection divisions are appropriate. We do
not recommend any changes.
The only exception is code enforcement. Staff recommends a new fee for abatements.
These are instances where the city intervenes, by using the public works staff or by
hiring a contractor, to correct a nuisance problem. An example of a typical abatement is
mowing long grass when the property owner refuses to comply with city orders to do so.
Staff is proposing that the city council set a $250 fee to apply to a property owners taxes
if the city takes nuisance - abatement action.
RECOMMENDATION
Adopt the resolution setting the 2010 Building Permit, planning and restaurant inspection
fees for the office of Community Development.
Packet Page Number 110 of 206
p:com_dvpt \Office \Dept Fees \2010 CD Dept Fees Memo 11 09 #2 to
Attachments:
1. Building Permit Fees Resolution
2. Table A -1 Building Permit Fees
3. 2010 Community Development Service Charges
2
Packet Page Number 111 of 206
Attachment 1
RESOLUTION NO.
COMMUNITY DEVELOPMENT FEES
WHEREAS, the Maplewood City Council has performed their annual
evaluation of the fees charged by the city for building permits, planning reviews
and restaurant inspections;
WHEREAS, the Maplewood City Council hereby sets the following fees
listed in the table entitled Table A -1 Buildinq Permit Fees;
WHEREAS, the Maplewood City Council hereby sets the Community
Development Service Charges for planning and health related fees as outlined
on the fee chart entitled 2010 Community Development Service Charges
NOW, THEREFORE BE IT RESOLVED, that the City of Maplewood adopt
the above mentioned 2010 fee amounts.
Maplewood City council this resolution on , 2009.
3
Packet Page Number 112 of 206
Attachment 2
Table A -1
2014 Building Permit Fees
TOTAL VALUATION
FEE
$1.00 to $500.00
$27.50
$501.00 to $2,000.00
$27.50 for the first $500.00 plus $3.54 for each additional $100.00,
or fraction thereof, to and including $2,000.00
$2,001.00 to $25,000.00
$80.60 for the first $2,000.00 plus $1610 for each additional
$1,000.00, or fraction thereof, to and including $25,000.00
$25,001.00 to $50,000.00
$45090 for the first $25,000.00 plus $11.73 for each additional
$1,000.00, or fraction thereof, to and including $50,000.00
$50,001.00 to $100,000.00
$744.15 for the first $50,000.00 plus $8.19 for each additional
$1,000.00, or fraction thereof, to and including $100,000.00
$100,001.00 to $500,000.00
$1153.65 for the first $100,000.00 plus $6.55 for each additional
$1,000.00, or fraction thereof, to and including $500,000.00
$500,001.00 to $1,000,000.00
$3,773.65 for the first $500,000.00 plus $5.46 for each additional
$1,000.00, or fraction thereof, to and including $1,000,000.00
$1,000,001.00 and up
$6,503.65 for the first $1,000,000.00 plus $4.37 for each additional
$1,000.00, or fraction thereof
Other Inspections and Fees
1. Inspections outside of normal business hours .............................. $100.00 per hour
(minimum charge — two hours)
2. Re- inspection fees ............................... ............................... $100.00 per hour
3. Re- inspection fees from Health Officer on Pools ..... ........................$100.00 per hour
4. Inspections for which no fee is specifically indicated ......................$100.00 per hour
(minimum charge — one -half hour)
5. Interior preparation fee .......................... ............................... $100.00
6. For use of outside consultants for plan checking, inspections
and similar costs ................................. ............................... .........................Actual costs'
'Actual costs include administrative and overhead costs.
Demolition Permit Fee:
Structures not connected to utilities
Structures connected to city utilities
Electrical Permit Fee:
Set through contract with Contract Electrical Inspector
80% of the permit as it has been
Add $9.50 Admin Fee to all electrical permits.
$75.00
$200.00
4
Packet Page Number 113 of 206
Certificate of Occupancy Fee:
Conditional Certificate of Occupancy
Temporary 1 Seasonal C of O
Occupancy permit
$100.00
$100.00
$100.00
Investigation Fee: Work without a Permit
If work for which a permit is required by the code has been commenced without first obtaining a
permit, a special investigation shall be made before a permit may be issued for the work.
An investigation fee, in addition to the permit fee, shall be collected. The investigation
fee shall be equal to the amount of the permit fee required. The payment of such
investigation fee shall not exempt any person from compliance with all other provisions
of the city code nor from any penalty prescribed by law.
Manufactured Home Permit Fee:
New installation or replacement $165.00
Moving Building Permit Fee:
Building Relocation $65.00
Investigation fee $100.00/hour
Plumbing Permit Fee:
Residential - Minimum fee $45.00
Residential $45.00 Plus, $10.00 for each fixture opening
Commercial work 2.15 % of estimated job cost plus $91.00
Plan Review Fee:
When a building permit is required and a plan is required to be submitted, a plan review fee shall be
paid. Plan review fees for all buildings shall be sixty five percent (65 %) of the building permit fee,
except as modified in M.S.B.C. Section 1300.
The plan review fees specified are separate fees from the permit fees specified and are in addition to
the permit fees.
When submittal documents are incomplete or changed so as to require additional plan review or when
the project involves deferred submittal items an additional plan review fee shall be charged at the
above rate.
Expiration of plan review. Applications for which no permit is issued within 180 days following the
date of application shall expire by limitation, and plans and other data submitted for review may
thereafter be returned to the applicant or destroyed by the building official. The building official may
extend the time for action by the applicant for a period not exceeding 180 days on request by the
applicant showing that circumstances beyond the control of the applicant have prevented action from
being taken. No application shall be extended more than once. In order to renew action on an
application after expiration, the applicant shall resubmit plans and pay a new plan review fee.
5
Packet Page Number 114 of 206
Refund Fee:
The building official may authorize refunding of any fee paid hereunder which was erroneously paid
or collected.
The building official may authorize refunding of not more than 80 percent of the permit fee paid
when no work has been done under a permit issued in accordance with this code.
The building official may authorize refunding of not more than 80 percent of the plan review fee paid
when an application for a permit for which a plan review fee has paid is withdrawn or canceled before
any plan review is done.
The building official shall not authorize refunding of any fee paid except on written application filed
by the original permittee not later than 180 days after the date of fee payment.
Swimming Pool Permit Fee:
Above Ground $115.00
Below Ground $170.00
Residential Permit Flat Fee (Windows, Decks, Roofs, Siding):
Windows $115.00
Deck $115.00
Residential roofs $115.00
Residential siding $115.00
Utility structures (over 120s.f but not greater than 200s.f) $115.00
Miscellaneous Fees:
Replacement inspection record card $50.00
Re- stamping job site plan sets $50.00
Mechanical Permit Fee
Residential
Minimum fee
$40.00
Gas piping — Repair or new installation
$40.00
Gas or oil fired furnace or boiler
$40.00
Warm air furnace or hot water heating system
$40.00
Construction or alt.of any warm air furnace per unit
$40.00
Construction or alteration of each hot water system
$40.00
Installation or replacement of each hot water system per unit
$40.00
Per unit heaters based on first 100,000 BTU input
$40.00
Air conditioning — new or replacement
$40.00
Wood burning furnace per unit
$40.00
Swimming pool heater per unit
$40.00
Air exchanger
$40.00
6
Packet Page Number 115 of 206
Gas or oil space heater per unit $40.00
Gas direct vent heater per unit $40.00
Gas fireplace, Gas log or insert $40.00
In floor Heat system $40.00
Other $40.00
Commercial
All commercial work Proposed 1.85 % of estimated job cost Plus $78.00
Mechanical plan review 25% of the permit fee
p :com_dvpt\office\Dept Fees\building permit fees 2010 11 09 to
7
Packet Page Number 116 of 206
Attachment 3
2010 COMMUNITY DEVELOPMENT SERVICE CHARGES
PLANNING FEES
Administrative Variances:
500
Building Relocation:
925
Comprehensive Plan Amendment :*
1,650
Conditional Use Permit:*
1,650
Conditional Use Permit Revision :*
1,000
Final Plat:
430
Front Yard Setback Authorization:
500
Home Occupations:
1,385
Lot Divisions :*
500
Planned Unit Development:*
2,735
Preliminary Plat:
2,050
Preliminary Plat Revision or Time Extension:
990
Public Vacations :*
1
Rezoning :*
1
Variances :*
1
Woodlot Alteration Permit:
375
Community Design Review Board
Commercial/Multi-family reviews
1,650
Minor Construction Project
500
Residential
500
Revision
500
Comprehensive Sign Plan
500
Billboard Sign Permit 500
Dynamic Display Sign 175
Freestanding Sign Permit 175
Temporary Sign Permit 45
Wall Sign Permit 110
MISCELLANEOUS SERVICE CHARGES
Abatement Fee
250
Contractor License
130
On -site Sewage Systems
150
Project Notification Sign
200
Truth -In- Housing Evaluators License
130
Truth -In- Housing Filing Fee
30
Zoning Compliance Letter
100
HEALTH FEES
Restaurant Plan Review - Existing 325
Restaurant Plan Review - New 675
*Plus a surcharge for each affected property to pay for the County's filing fee for resolutions.
P:\OFFI pee s`� b��9 'age 1
Agenda Item L6
AGENDA REPORT
TO: James Antonen, City Manager
FROM: DuWayne Konewko, Community Development and Parks Director
Doug Taubman, Parks Manager
Steve Kummer, Civil Engineer
SUBJECT: Approval of Lions Park Master Plan and Authorize Staff to Prepare Plans
and Specifications
DATE: November 12, 2009
INTRODUCTION
On July 9, 2008 the City Council directed staff to move forward with preliminary engineering
work to address drainage issues as well as the redevelopment of Lions Park. At the September
17, 2008 Parks and Recreation Commission Meeting the commission moved to proceed with
the development of conceptual plans for Lions Park. Since that time staff has been working
with engineering consultants S. E. H and the Parks and Recreation Commission to redevelop
Lions Park with considerations for storm water management in the Lions Park neighborhood.
BACKGROUND
On November 19, 2008 two concepts for the redevelopment of Lions Park were presented to
the Parks and Recreation. Following is a summary of those concepts:
• Concept A — Manicured Park Theme: This theme explored the park concepts along the
lines of the typical mowed -lawn park. The play elements of the park would be sited in
such a way that would make the best use of the site's area. This concept would be
based on dealing with the storm water drainage through more traditional means by
separating the storm water management from the park activities themselves.
• Concept B — Natural Park Theme: This theme would incorporate storm water
management and landscape principles more in keeping with how Maplewood has been
integrating rain gardens, swales and native plantings into neighborhood street
improvements projects. Play elements would be incorporated along with the storm water
management concept for the park.
Following the presentation of the two concepts to the Parks and Recreation Commission a
survey of Lions Park Neighborhood residents was prepared by staff. The survey was mailed to
residents on February 6, 2009 and results reported to the Parks and Recreation Commission on
March 18, 2009.
In addition to the resident survey staff, along with our consultants, conducted a neighborhood
meeting on June 30, 2009 at the Maplewood Nature Center. The purpose of this meeting was
to present the two concepts, receive feedback and answer questions. The two concepts were
also made available at the August 4, 2009 neighborhood National Night Out party held in Lions
Park.
Based upon public input and direction from the Parks and Recreation Commission, staff worked
with S. E. H to develop a master plan around Concept B.
Packet Page Number 118 of 206
The Lions Park Master Plan was presented to the public at the October 21, 2009 Parks and
Recreation Commission meeting. At this meeting, following public comment, the Commission
moved to approve the master plan (Attachment A) and proposed process schedule (Attachment
B) for the redevelopment of Lions Park.
BUDGET
The budget for the Lions Park redevelopment, Public Works Project PM03.010 is attached
(Attachment C). It should be noted that staff met with the Maplewood Oakdale Lions in August
of 2009 and received a commitment up to $30,000 to construct the Lions Park picnic shelter.
This commitment was confirmed by the Lions at the October 21, 2009 Parks and Recreation
Commission meeting. Those funds are included in the cost recovery portion of the budget.
RECOMMENDATION
Staff is looking at a budget not to exceed $495,000 for this project. Staff recommends the
council approve the Lions Park Master Plan and to proceed with the preparation of plans and
specifications.
Attachments
A — Lions Park Master Plan
B — Lions Park Improvement Process Schedule
C — Proposed Budget
D — October 2009 Parks and Recreation Commission Meeting
Packet Page Number 119 of 206
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Attachment D
CITY OF MAPLEWOOD
PARKS AND RECREATION COMMISSION MEETING
Wednesday, October 21, 2009
7:00 p.m.
COUNCIL CHAMBERS — MAPLEWOOD CITY HALL
1830 COUNTY ROAD B EAST
CALL TO ORDER
Chair Fischer indicated all of the commissioners were present; there was quorum.
2. ROLL CALL
Commissioners
Commissioner Craig Brannon, present
Commissioner Don Christianson, present
Chair Peter Fischer, present
Commissioner Dan Maas, present
Commissioner Mary Mackey, present
Commissioner Carolyn Peterson, present
Commissioner Bruce Roman, present
Commissioner Therese Sonnek, present
Commissioner Kim Schmidt, Present
kaff
Community Development and Parks Director DuWayne Konewko, present
Natural Resources Coordinator Ginny Gaynor, present
Staff Engineer Steve Kummer, present
5. LIONS PARK PUBLIC HEARING (7:30)
This item was reached ahead of schedule. Community Development and Parks Director,
DuWayne Konewko suggested moving on to the Visitor Presentation and coming back to
the public hearing at the scheduled time.
The public hearing presentations started at 7:30. Mr. Konewko introduced Ted Bearth
and Bill Rasmussen from the Oakdale Maplewood Lions Club and are also Park
Commission Members in Oakdale, who were available to answer questions. He also
introduced Danielle Parque from SEH, who went over the plans for the park and Steve
Kummer, Staff Engineer was also available to answer questions.
Gerald Paritel, of 617 Century Ave, addressed the commission. Mr. Paritel requested
clarification on how the rain gardens will flow into each other. Ms. Parque addressed his
question.
I
Packet Page Number 124 of 206
Commissioners asked questions of staff.
Chairperson Fischer opened the hearing to the public.
1. Carol Lynne of 1723 East Burke addressed the commission. Ms. Lynn spoke
in favor of the park but expressed concern of children being exposed to toxins
brought in by the storm water.
2. Ron Cockriel of 943 Century Avenue addressed the commission. Mr. Cockriel
expressed concern over preserving legacy playground equipment in the park.
He also expressed concerns regarding rain gardens in the surrounding
community and concerns of children being exposed to toxins brought in by the
storm water.
3. Rich Bennet of 2963 Bebe Parkway addressed the commission. Mr. Bennet
expressed concern putting rain gardens near areas where children play.
Chairperson Fischer closed the public hearing. The commission returned to discussion.
Commissioner Christianson motioned to approve the master plan and process schedule as
proposed for the redevelopment of Lions Park,
Commissioner Schmidt seconded the motion.
A fi
2
Packet Page Number 125 of 206
THIS PAGE IS INTENTIONALLY LEFT BLAND
Packet Page Number 126 of 206
AGENDA NO. M -1
AGENDA REPORT
TO: City Council
FROM: Finance Director
RE: APPROVAL OF CLAIMS
DATE: November 23, 2049
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:
$
739,563.42
Checks 4 79770 thru 4 79826
dated 11/03/09 thru 11/10/09
$
129,250.76
Disbursements via debits to checking account
dated 10 /30 /09 thru 11106109
$
81,923.85
Checks 4 79827 thru 4 79884
dated 11/17/09
$
103,044.32
Disbursements via debits to checking account
dated 11/09/09 thru 11/13/09
$
1,053,782.35
Total Accounts Payable
PAYROLL
$
509,400.85
Payroll Checks and Direct Deposits dated 11113109
$
2,229.75
Payroll Deduction check 4 1008222 thru 9 1008223
dated 11113109
$ 511,630.60 Total Payroll
$ 1,565,412.95 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 GLAIMS\2009\AprC1ms 11 -06 -09 and 11- 13- 09.x1t Packet Page Number 127 of 206
Check Register
City of Maplewood
11/05/2009
Check
Date
Vendor
Description
Amount
79770
11/03/2009
02464
US BANK
FUNDS FOR ATMS
8,000.00
79771
11/06/2009
04008
AMERITAS
MONTHLY PREMIUM - NOVEMBER
9,848.12
79772
11/06/2009
01126
MN NCPERS LIFE INSURANCE
MONTHLY PREMIUM - NOVEMBER
416.00
79773
11/06/2009
03818
MEDICA
MONTHLY PREMIUM - NOVEMBER
142,271.54
79774
11/10/2009
00687
HUGO'S TREE CARE INC
REMOVE DAMAGED BRANCH
213.75
79775
11/10/2009
01337
RAMSEY COUNTY -PROP REC & REV
PLANTS & MULCH
180.62
11/10/2009
01337
RAMSEY COUNTY -PROP REC & REV
MULCH & PLANTS
83.36
79776
11/10/2009
01798
YOCUM OIL CO.
DIESEL & PREMIUM WINTER MEG
6,406.00
79777
11/10/2009
02347
10,000 LAKES CHAPTER
REGISTRATION FEE
170.00
79778
11/10/2009
02347
10,000 LAKES CHAPTER
REGISTRATION FEE
170.00
79779
11/10/2009
02347
10,000 LAKES CHAPTER
REISSUE CK 56973 DATED 02/1912002
50.00
79780
11/10/2009
00504
1ST LINE /LEEWES VENTURES LLC
MDSE FOR RESALE
264.75
79781
11/10/2009
04145
ALL SAFE INC.
FIRE EXT CERTIFICATION
627.26
11/10/2009
04145
ALL SAFE INC.
FIRE EXT CERTIFICATION
156.70
79782
11/10/2009
02908
BRIGHT WINES.COM
COORDINATION SRVS WINE & JAZZ MCC
300.00
79783
11/10/2009
00221
BROCK WHITE COMPANY, LLC.
CRACK SEALING MATERIAL
1,512.28
79784
11/10/2009
02929
CNAGLAC
MONTHLY PREMIUM - NOVEMBER
531.50
79785
11/10/2009
00103
EARL F ANDERSON INC
PLAYGROUND STRUCTURE
48,735.01
79786
11/10/2009
03631
ELK RIVER FORD
2010 FORD CROWN VICTORIA POLICE
22,422.36
11/10/2009
03631
ELK RIVER FORD
2010 FORD CROWN VICTORIA POLICE
22,422.36
11/10/2009
03631
ELK RIVER FORD
2010 FORD CROWN VICTORIA POLICE
22,422.36
11/10/2009
03631
ELK RIVER FORD
2010 FORD CROWN VICTORIA POLICE
22,422.36
79787
11/10/2009
00003
ESCROW REFUND
ESCROW RELEASE 2532 DAHL AVE
5,009.86
79788
11/10/2009
00531
FRA -DOR INC.
BLACK DIRT FOR SIDEWALK
56.11
79789
11/10/2009
04360
GIVE US WINGS
DONATION - WINE & JAZZ EVENT MCC
350.00
79790
11/10/2009
00615
HLB TAUTGES REDPATH, LTD
2008 AUDIT
20,000.00
79791
11/10/2009
00767
KEVIN A JOHNSON
REIMB FOR RUNNING SHOES 11/3
38.99
79792
11/10/2009
00791
CONNIE KELSEY
REIMB FOR MILEAGE 10/29
24.86
79793
11/10/2009
03502
KOEHNEN ELECTRIC INC
SRVS CALL FOR LIFT STATION 21
372.00
79794
11/10/2009
00936
MAPLEWOOD HISTORICAL SOCIETY
ANNUAL CONTRIBUTION 2009
2,000.00
79795
11/10/2009
00942
MARSDEN BLDG MAINTENANCE CO
CLEANING SRVS FOR SEWER BACK -UP
3,921.24
79796
11/10/2009
02523
MED COMPASS
SCBA MEDICAL EXAM
4,425.00
79797
11/10/2009
02617
ALESIA METRY
REIMB FOR CLOTHING 10/16
89.98
79798
11/10/2009
04318
MILLER EXCAVATING, INC.
PROD 08 -10 CARSGROVE PARTPMT#4
324,254.85
79799
11/10/2009
02221
MINKS CUSTOM HOMES
ESCROW RELEASE 2544 DAHL AVE
5,010.27
79800
11/10/2009
01085
MN LIFE INSURANCE
MONTHLY PREMIUM - NOVEMBER
3,435.50
79801
11/10/2009
01192
NORTHERN WATER WORKS SUPPLY
FLEXSTAKE HYDRANT MARKERS
2,577.02
79802
11/10/2009
00001
ONE TIME VENDOR
REIMB E DOBERSTEIN PROJ 07 -26 SOD
710.00
79803
11/10/2009
00001
ONE TIME VENDOR
REFUND C CLOWES BCBS BENEFITS
260.00
79804
11/10/2009
00001
ONE TIME VENDOR
REFUND BENNETT - MEMBERSHIP
112.47
79805
11/10/2009
00001
ONE TIME VENDOR
REFUND C LEONARD BCBS BENEFITS
80.00
79806
11/10/2009
00001
ONE TIME VENDOR
REFUND P FARLEY B -DAY PARTY
42.85
79807
11/10/2009
00001
ONE TIME VENDOR
REFUND N MONTGOMERY HP BENEFIT
40.00
79808
11/10/2009
00001
ONE TIME VENDOR
REFUND MORTENSEN BCBS BENEFITS
40.00
79809
11/10/2009
00001
ONE TIME VENDOR
REFUND CORBETT HP BENEFITS
40.00
79810
11/10/2009
00001
ONE TIME VENDOR
REISSUE CK 63953 R TELSER -GADOW
25.00
79811
11/10/2009
00001
ONE TIME VENDOR
REISSUE CK 67526 L ZIAN DATED
3.00
79812
11/10/2009
00396
DEPT OF PUBLIC SAFETY
TRANSFER TITLES FORFEITED
60.00
79813
11/10/2009
01340
REGIONS HOSPITAL
MEDICAL SUPPLIES
1,538.22
11/10/2009
01340
REGIONS HOSPITAL
MEDICAL SUPPLIES
728.28
79814
11/10/2009
04074
ELAINE SCHRADE
INSTRUCTION FOR TAI CHI
624.00
79815
11/10/2009
01455
MICHAEL SHORTREED
REIMB FOR MEALS /PARKING 10/24 -10130
17.49
79816
11/10/2009
04203
SOUP DU JOOR
MDSE FOR RESALE
18.00
Packet Page Number 128 of 206
79817
1111012009
04347
SPECPRO, INC.
WEATHER SEAL FOR MCC SKY LIGHTS
9,410.00
79818
1111012009
01550
SUMMIT INSPECTIONS
ELECTRICAL INSPECTIONS - OCT
6,151.80
79819
1111012009
01578
T R F SUPPLY CO.
SHOP TOWELS,SAFTEY
462.24
1111012009
01578
T R F SUPPLY CO.
SUPPLIES
408.28
1111012009
01578
T R F SUPPLY CO.
SAFETY GLOVES - WINTER LINERS
253.80
79820
1111012009
01574
T.A. SCHIFSKY & SONS, INC
VARIOUS BITUMINOUS MATERIALS
541.08
1111012009
01574
T.A. SCHIFSKY & SONS, INC
SAND & BASE FOR MISSISSIPPI TOT LOT
437.15
1111012009
01574
T.A. SCHIFSKY & SONS, INC
VARIOUS BITUMINOUS MATERIALS
302.05
79821
1111012009
04358
TENNIS WEST /FINLEY BROS. INC.
RESURFACE TENNIS COURTSIB -BALL
11,979.00
79822
1111012009
03776
TRAILSOURCE LLC
TRAIL WORK DONE AT NATURE CENTER
16,922.40
79823
1111012009
00529
UNION SECURITY INSURANCE CO
LTD PLAN 4043120 -2 - NOVEMBER
2,674.75
1111012009
00529
UNION SECURITY INSURANCE CO
STD PLAN 4043120 -1 - NOVEMBER
1,806.06
79824
1111012009
04357
UNIVERSAL HOSPITAL SRVS, INC.
EMS PREVENTATIVE SERVICE
487.80
79825
1111012009
01750
THE WATSON CO INC
MDSE FOR RESALE
400.19
79826
1111012009
04138
ZEROREZ
CLEANING CARPET AT PD & PW
1,795.50
739 563.42
57 Checks in this
report.
Packet Page Number 129 of 206
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Transmitted
Settlement
Date
Date
Payee
Description
Amount
10/30109
11/02/09
Mon
MN State Treasurer
Drivers License /Deputy Registrar(city clrk)
24,234.85
10131/09
11/03/09
Tues
MN State Treasurer
Drivers License /Deputy Registrar(city clrk)
8,938.75
11102/09
11/03/09
MN State Treasurer
Drivers License /Deputy Registrar(city clrk)
25,217.55
11103/09
11/04/09
Wed
MN State Treasurer
Drivers License /Deputy Registrar(city clrk)
15,515.31
11103/09
11/04/09
Labor Unions
Union Dues
5,495.88
11/03109
11/04/09
WI Dept of Revenue
State Payroll Tax
1,341.08
11/03109
11/04/09
MN State Treasurer
State Payroll Tax
19,439.13
11/04/09
11/05/09
Thur
ARC Administration
DCRP & Flex plan payments
1,841.27
11/04/09
11/05/09
MN State Treasurer
Drivers License /Deputy Registrar(city clrk)
12,313.21
11105/09
11/06/09
Fri
MN State Treasurer
Drivers License /Deputy Registrar(city clrk)
14,542.23
11105/09
11/06/09
MN Dept of Natural Resources
DNR electronic licenses
371.50
TOTAL
'Detailed listing of VISA purchases is attached.
129,250.76
Packet Page Number 130 of 206
Check Register
City of Maplewood
11113/2009
Check Date Vendor
Description
Amount
79827
1111712009
01973
ERICKSON OIL PRODUCTS INC
79828
1111712009
01190
XCEL ENERGY
1111712009
01190
XCEL ENERGY
79829
1111712009
00111
ANIMAL CONTROL SERVICES
79830
1111712009
00211
BRAUN INTERTEC CORP.
79831
11117/2009
04366
LARRY BRUBAKER
79832
1111712009
00240
C.S.C. CREDIT SERVICES
79833
1111712009
00371
DAKOTA CTY TECHNICAL COLLEGE
79834
1111712009
00420
DOWNTOWNER DETAIL CENTER
79835
1111712009
00451
EGAN COMPANIES INC
79836
1111712009
00462
EMBEDDED SYSTEMS, INC.
79837
1111712009
03492
ELIZABETH ERICKSON
79838
1111712009
00003
ESCROW REFUND
79839
11117/2009
00003
ESCROW REFUND
79840
1111712009
01401
FIRST STUDENT INC
79841
1111712009
01900
ANNEMARIE FOSBURGH
79842
1111712009
01898
DIANE GOLASKI
1111712009
01898
DIANE GOLASKI
79843
1111712009
00612
GYM WORKS INC
79844
1111712009
04368
HALFMOON, LLC
79845
1111712009
00668
STEVEN HIEBERT
79846
11117/2009
02237
IMPERIAL IMPRESSIONS
79847
1111712009
03087
SCOTT A JACOBSON
79848
1111712009
04005
JOHN A DALSIN & SON, INC
79849
1111712009
04365
KP CONSTRUCTION - CIRCLE PINES
79850
1111712009
00857
LEAGUE OF MINNESOTA CITIES
79851
1111712009
03497
JOHN MANTHEY
1111712009
03497
JOHN MANTHEY
79852
1111712009
00932
MAPLEWOOD BAKERY
79853
11117/2009
04367
MCCABE HOMES, INC.
79854
1111712009
03018
MEDICA CHOICE
79855
1111712009
02617
ALESIA METRY
79856
1111712009
02946
MN CONSERVATION CORP
79857
1111712009
04362
MARY C. NEWCOMB
1111712009
04362
MARY C. NEWCOMB
79858
1111712009
04307
NORTH EAST SOCCER ASSOCIATION
79859
1111712009
00001
ONE TIME VENDOR
79860
11117/2009
00001
ONE TIME VENDOR
79861
1111712009
00001
ONE TIME VENDOR
79862
1111712009
00001
ONE TIME VENDOR
79863
1111712009
00001
ONE TIME VENDOR
79864
1111712009
00001
ONE TIME VENDOR
79865
1111712009
00001
ONE TIME VENDOR
79866
1111712009
00001
ONE TIME VENDOR
79867
1111712009
00001
ONE TIME VENDOR
79868
11117/2009
00001
ONE TIME VENDOR
79869
1111712009
00001
ONE TIME VENDOR
79870
1111712009
00001
ONE TIME VENDOR
79871
1111712009
01941
PATRICK TROPHIES
1111712009
01941
PATRICK TROPHIES
1111712009
01941
PATRICK TROPHIES
79872
1111712009
04265
MARIA PIRELA
79873
1111712009
04184
MICHELLE PRONSATI
79874
11117/2009
01345
RAMSEY COUNTY
79875
1111712009
01359
REGAL AUTO WASH DETAIL XX
79876
1111712009
04043
SCHWAN FOOD CO
79877
1111712009
01836
CITY OF ST PAUL
1111712009
01836
CITY OF ST PAUL
CAR WASHES - OCTOBER
ELECTRIC UTILITY
ELECTRIC UTILITY
PATROL & BOARDING FEES 10104 - 11108
PROJ 09 -13 TESTING
TRAINING REGISTRATION
APPLICANT BACKGROUND CHECKS
DEFENSIVE SNOW PLOWING CLASS
PD VEHICLE CLEANING & DETAILING
REPAIR HEAT SYS STATION 7
REPAIR TORNADO SIREN
REIMB FOR MILEAGE 9105 - 11103
ESCROW REL DORAN CONST 2280
ESCROW RELEASE W HOGE 2255 HAZEL
BUS FEE FIELDTRIP PINZ OAKDALE
REIMB FOR MILEAGE 9114 - 11/03
REIMB FOR MILEAGE 11102 - 11103
REIMB FOR MILEAGE 9114 -9115
MCC SPIN BIKES MAINT
TRAINING REGISTRATION
REIMB FOR MEALS & LODGING 10126 -29
CITATION ENVELOPES
REIMB FOR MILEAGE 1112 - 1116
MCC COURT AREA EXPOSED ROOF
MCC AQUATIC AREA WATER SLIDE
REGIONAL MEETING - J NEPHEW
REIMB FOR MILEAGE 9101 - 9130
REIMB FOR MILEAGE 10101 - 11103
REFRESMENTS FOR GREENTEAMIRMS
ESCROW RELEASE 2550 DAHL AVE
REFUND FOR TRANS MEDIC MW9861
REIMB FOR TUITION 6125 - 10/29
TRAIL CLEAN -UP APPLEWOOD
REIMB FOR MILEAGE 1113
REIMB FOR MILEAGE 9115
CANCELLED RENTAL
REFUND R BALDW IN IRRIGATION SYS
REFUND COUNTRYSIDE TRAVEL
REFUND P KERTZSCHER BCBS BENEFIT
REFUND RESTORATION RES BLDG
REFUND NORHTLAN HOME EXT BLDG
REFUND C GOLUS BCBS BENEFIT
REFUND N EASTWOOD B -DAY PARTY
REFUND M KLEBE BCBS BENEFIT
REFUND M WAGNER TRANS MEDIC
REFUND E ROY HP BENEFIT
REFUND S TOLBERT MEDICA BENEFIT
REFUND R SCHULTE MEMBERSHIP
YOUTH VB AWARDS 2009 SEASON
FALL SOCCER MEDALS & THOPHIES
FALL SOCCER MEDALS & TROPHIES
ZUMBA INSTRUCTIOR FALL SESSION
ZUMBA INSTRUCTOR SEPT/OCT
PROCESS DEEDING- UNBUILDABLE
CAR WASHES - OCT
MDSE FOR RESALE
SEWER MAINT AGREMENTS
RECORD MGMT SOFTWARE FEES - AUG
40.00
1,127.23
53.26
4,141.88
4,038.38
75.00
50.00
1,200.00
182.93
862.00
111.72
15.40
2,000.00
750.00
185.00
11.00
11.00
11.00
300.00
259.00
327.83
363.75
34.10
3,728.97
1,250.00
40.00
12.65
12.65
46.56
5,003.15
493.30
3,626.62
1,110.00
7.70
7.70
40.00
700.00
175.00
120.00
115.50
92.50
80.00
68.56
60.00
46.54
2000 .
2000 .
16.07
2,343.48
1,011.83
70.53
109.00
22.00
78.73
30.00
40.56
6,041.00
3,798.00
Packet Page Number 131 of 206
Packet Page Number 132 of 206
1111712009
01836
CITY OF ST PAUL
SEWER MAINT AGREEMENTS
2,421.00
11117/2009
01836
CITY OF ST PAUL
PRINTING SERVICES
1,563.31
1111712009
01836
CITY OF ST PAUL
SEWER MAINT AGREEMENTS
1,395.00
79878
11117/2009
01538
STRETCHER'S
CLOCK HANDGUNS
11,157.75
79879
1111712009
01615
THERMO -DYNE, INC.
REPLACE COMPRESSOR #2 ON THE
10,744.00
79880
1111712009
03088
JOSEPH TRAN
REIMB FOR TUITION 9110 - 10122
686.25
79881
1111712009
01669
TWIN CITIES TRANSPORT &
FORFEITED VEHICLE TOWING - OCT
1,095.46
79882
1111712009
04364
GAYLE WASMUNDT
REIMB FOR MILEAGE 9115
8.80
79883
1111712009
04363
LARRY W HITCOMB
REIMB FOR MILEAGE 1112
8.80
11117/2009
04363
LARRY W HITCOMB
REIMB FOR MILEAGE 9114
4.40
79884
1111712009
04199
YOUTH SERVICE BUREAU, INC.
JUVENILE DIVERSION FROG - 4TH QTR
6,250.00
58 Checks in this
report.
81.923.85
Packet Page Number 132 of 206
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Transmitted
Settlement
Date
Date
Payee
Description
Amount
11109109
11/10/09
Tues MN State Treasurer
Drivers License /Deputy Registrar(city clrk)
18,560.50
11110/09
11/12/09
Thurs MN State Treasurer
Drivers License /Deputy Registrar(city clrk)
3,319.00
11110/09
11/12/09
MN State Treasurer
Drivers License /Deputy Registrar(city clrk)
15,563.25
11112/09
11/13/09
Fri MN State Treasurer
Drivers License /Deputy Registrar(city clrk)
13,899.50
11112/09
11/13/09
US Bank VISA One Card'
Purchasing Card Items
48,717.07
11/12109
11/13/09
Pitney Bowes
Postage
2,985.00
11161 fill
*Detailed listing of VISA purchases is attached.
1U3,U44.3L
Packet Page Number 133 of 206
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK 4 CHECK DATE
EMPLOYEE NAME
AMOUNT
11/13/09
HJELLE, ERIK
416.42
11/13/09
JUENEMANN, KATHLEEN
416.42
11/13109
NEPHEW, JOHN
416.42
11113109
ROSSBACH, WILLIAM
416.42
11113/09
AHL, R. CHARLES
5,121.44
11113/09
ANTONEN, JAMES
5,800.00
11113/09
BURLINGAME, SARAH
1,772.42
11/13/09
CHRISTENSON, SCOTT
1,997.49
11/13/09
FARR, LARRY
2,66894
11113/09
JAHN, DAVID
L788.37
11/13/09
RAMEAUX, THERESE
3,424.64
11/13/09
FORMANEK, KAREN
1,712.58
11113/09
MITTET, ROBERT
3,572.04
11/13/09
ANDERSON, CAROLE
2.228.85
11/13/09
DEBILZAN, JUDY
1,207.78
11/13/09
JACKSON, MARY
2,04295
11/131/09
KELSEY, CONNIE
2.494 27
11/13/09
LAYMAN, COLLEEN
2,743.10
11/13/09
CAREY, HEIDI
2,423.75
11113/09
GUILFOILE, KAREN
4,118.10
11/13/09
KROLL, LISA
1088.82
11/13/09
NEPHEW, MICHELLE
1,528.45
11/13/09
SCHMIDT, DEBORAH
2395.37
11/13/09
SPANGLER, EDNA
108.41
11/13/09
THOMFORDE, FAITH
1.005.00
11113/09
CORTESI, LUANNE
1,048.76
11/13/09
JAGOE, CAROL
1,99192
11/13/09
KELLY, LISA
1.198.55
11113/09
LARSON, MICHELLE
1,267.41
11/13/09
MECHELKE, SHERRIE
1.141.02
11/13/09
MOY, PAMELA
1,157.07
11/13/09
OSTER, ANDREA
1,83317
11/13/09
WEAVER, KRISTINE
2,118.95
11/13/09
ARNOLD, AJLA
1,400.00
11/13/09
CORCORAN, THERESA
1,82855
11/13/09
KVAM, DAVID
4,086.18
11/13/09
PALANK, MARY"
1,833.17
11/13/09
POWELL, PHILIP
2.818.15
11113/09
SVENDSEN, JOANNE
1022.59
11/13/09
THOMALLA, DAVID
4,839.74
11/13/09
YOUNG, TAMELA
1,828.55
11113/09
ABEL, CLINT
1845.38
11/13/09
ALDRIDGE, MARK
3,305.05
11/13/09
BAKKE, LONN
2,911.75
Packet Page Number 134 of 206
11/13109
BARTZ, PAUL
3,145.08
11113109
BELDE, STANLEY
1804.87
11113/09
BENJAMIN, MARKESE
2,420.94
11113/09
BIERDEMAN, BRIAN
3,972.72
11/13/09
BOHL, JOHN
3,420.83
11/13/09
BUSACK, DANIEL
3,213.72
11113/09
COFFEY, KEVIN
2.964.12
11113/09
CROTTY. KERRY
3,405.59
11/13/09
DEMULLING, JOSEPH
2,364.86
11/13/09
DOBLAR, RICHARD
3,47316
11113/09
DUGAS, MICHAEL
3,740.13
11/13/09
FRITZE, DEREK
2.654.95
11/13/09
GABRIEL, ANTHONY
3,136.32
11/13/09
HAWKINSON JR, TIMOTHY
2,62293
11113/09
HER, PHENG
2.093.98
11113/09
HILBERT, STEVEN
3,407.65
11/13109
JOHNSON, KEVIN
4,39011
11/13/09
KALKA, THOMAS
1,668.68
11113/09
KAKIS, FLINT
3,774.42
11113/09
KONG, TOMMY
2.749.10
11/13/09
KREKELER, NICHOLAS
L472.68
11/13/09
KROLL, BRETT
2,799.35
11113/09
LANGNER, TODD
2,718.12
11113/09
LARSON, DANIEL
1749.10
11/13/09
LU, JOHNNIE
2,95010
11/13/09
MARINO, JASON
3,138.54
11113/09
MARTIN, DANIEL
2,093.98
11113/09
MARTIN, JERROLD
2,904.96
11/13/09
MCCARTY, GLEN
2.923.24
11/13109
METRY, ALESIA
2,69352
11/13/09
NYE, MICHAEL
3.160.93
11113/09
OLSON, JULIE
3,040.08
11/13/09
RHUDE, MATTHEW
3,21012
11/13/09
SHORTREED, MICHAEL
3,881.66
11113/09
STEINER, JOSEPH
1813.73
11113/09
SYPNIEWSKI, WILLIAM
2.681.98
11/13/09
SZCZEPANSKI, THOMAS
2,921.07
11/13/09
TAUZELL, BRIAN
1,840.88
11113/09
IRAN, JOSEPH
3,157.53
11113/09
WENZEL, JAY
3,012.91
11/13/09
XIONG, KAO
2,682.74
11/13/09
BERGERON, JOSEPH
3,596.49
11113/09
ERICKSON, VIRGINIA
3,007.62
11/131/09
FLOR, TIMOTHY
1,928 29
11/13/09
FRASER, JOHN
3,226.36
11/13/09
LANGNER, SCOTT
2,896.00
11113/09
REZNY, BRADLEY
2,330 25
11113/09
THEISEN, PAUL
1822.30
11/13109
THIENES, PAUL
3,666.62
11/13/09
BAUMAN, ANDREW
1280.74
11113/09
DATNVSON, RICHARD
2,935.60
11113/09
DOLLERSCHELL, ROBERT
293.39
11/13/09
EVERSON. PAUL
3.799.00
Packet Page Number 135 of 206
11/13/09
FOSSUM, ANDREW
2.412.07
11113109
HALWEG, JODI
1649.24
11/13/09
JUNGMANN,BERNARD
3,306.79
11/13109
NOVAK, JEROME
456.75
11/13109
OLSON, JAMES
2,43514
11113/09
PERBLX, CHARLES
2,195.33
11113/09
PETERSON. ROBERT
2,904.22
11/13109
PLACE, ANDREA
2,195.33
11/13109
SEDLACEK, JEFFREY
2,779.65
11113/09
STREET, MICHAEL
1579.68
11113/09
SVENDSEN, RONALD
2,963.18
11/13109
GERVAIS -JR, CLARENCE
3,472.14
11/13%09
LUKIN, STEVEN
4,38797
11113/09
ZWIEG, SUSAN
2,170.15
11113/09
KNUTSON, LOIS
1094.47
11/13/09
NIVEN, AMY
1,566.37
11/13109
PRIEFER, WILLIAM
3,338.41
11113/09
BRINK, TROY
2543.95
11113/09
BUCKLEY, BRENT
2.172.16
11/13/09
DEBILZAN, THOMAS
2.285.34
11/13109
EDGE, DOUGLAS
2,086.86
11/13/09
HAMRE,MILES
805.00
11113/09
JONES, DONALD
2329.50
11/13/09
MEISSNER, BRENT
1,715.35
11/13109
MEYER, GERALD
1147.39
11113/09
NAGEL, BRYAN
3,229.26
11113/09
OSWALD, ERICK
2.281.57
11/13109
RUNNING, ROBERT
1487.88
11/13/09
TEVLIN, TODD
2,07455
11113/09
BURLINGAME, NATHAN
1,846.95
11113/09
DUCHARME, JOHN
1634.06
11/13%09
EATON, MEGAN
360.75
11/13/09
ENGSTROM. ANDREW
2.277.36
11113/09
JACOBSON, SCOTT
2,842.22
11/13/09
JAROSCH, JONATHAN
2,555.77
11/13109
KREGER, JASON
2,096.92
11/13/09
KUMMER, STEVEN
2,89095
11113/09
LINDBLOM, RANDAL
3,733 29
11113/09
LOVE, STEVEN
1807.75
11/13109
THOMPSON, MICHAEL
3,65453
11/13109
ZIEMAN, SCOTT
165.00
11113/09
EDSON, DAVID
1108.84
11113/09
HINNENKAMP, GARY
2,416.15
11/13109
MARUSKA, MARK
3,090.00
11/13%09
NAUGHTON, JOHN
2,07755
11113/09
NORDQUIST, RICHARD
2,066.86
11113/09
SCHINDELDECKER, JAMES
1069.17
11/13/09
BIESANZ, OAKLEY
1,47659
11/13109
DEAVER, CHARLES
739.08
11113/09
GERNES, CAROLE
266.88
11113/09
HAYMAN, JANET
L462.48
11/13/09
HUTCHINSON, ANN
2.11356
11/13109
SOUTTER, CHRISTINE
194.45
Packet Page Number 136 of 206
11/13/09
WACHAL, KAREN
791.88
11113109
BERM, LOIS
63.75
11/13/09
FINWALL, SHANN
2,989.35
11/13109
FRY, PATRICIA
1,961.06
11/13109
GAYNOR, VIRGINIA
2,969.70
11113/09
HALL, KATHLEEN
45.00
11113/09
KONEWKO, DUWAYNE
4362.50
11/13109
SINDT, ANDREA
1,977.35
11/13109
THOMPSON, DEBRA
731.42
11113/09
EKSTRAND, THOMAS
3,707.78
11113/09
MARTIN, MICHAEL
2,458.95
11/13109
BRASH. JASON
L941.36
11/13%09
CARVER, NICHOLAS
3,118.02
11113 /09
FISHER, DAVID
3,687.08
11113/09
SWAN, DAVID
1610.15
11/13/09
WELLENS, MOLLY
1,462.44
11/13109
BERGER, STEPHANIE
314.50
11113/09
WORK, BRANDON
143.00
11113/09
FRANK, PETER
250.00
11/13/09
JANASZAK, MEGHAN
636.69
11/13109
KOHLMAN, JENNIFER
234.03
11/13/09
ROBBINS, AUDRA
2,513 20
11113/09
ROBBINS, CAMDEN
135.94
11/13/09
SCHALLER, SCOTT
7350
11/13109
SHERRILL, CAITLIN
487.64
11113/09
STAPLES, PAULINE
3,309.18
11113/09
TAUBMAN, DOUGLAS
3,208.66
11/13109
TAYLOR, JAMES
1170.42
11/13/09
ADAMS, DAVID
1,62616
11113/09
GERMAIN, DAVID
2,073.79
11113/09
HAAG, MARK
1180.55
11/13%09
SCHULTZ, SCOTT
2,695.30
11/13/09
ANZALDI, MANDY
1,633.52
11113/09
BERGLUND, DANIEL
265.50
11/13/09
BRENEMAN, NEIL
1,882.84
11/13109
COLLINS, ASHLEY
41.25
11/13/09
CRAWFORD - JR, RAYMOND
1,006.88
11113/09
EVANS, CHRISTINE
1.164.68
11113/09
FABIO- SHANL.EY, MICHAEL
229.80
11/13109
GLASS, JEAN
2,041.87
11/13109
HANSEN. LORI
1692.83
11113/09
HER, CHONG
129.00
11113/09
HER. PETER
385.00
11/13109
HOFMEISTER, MARY
978.89
11/13%09
HOFMEISTER, TIMOTHY
430.75
11113/09
OLSON, ERICA
211.75
11113/09
OLSON, SANDRA
84.00
11/13/09
PELOQUIN, PENNYE
617.79
11/13109
PENN, CHRISTINE
1,840.00
11113/09
SCHOENECKER, LEIGH
582.00
11113/09
STARK, SUE
319.50
11/13/09
VANG. KAY
42694
11/13109
VUE, LOR PAO
88.69
Packet Page Number 137 of 206
11/13/09
AICHELE, MEGAN
136.50
11113109
AMUNDSON, DANIKA
143.94
11/13/09
ANDERSON, MAXWELL
232.00
11/13109
BAUDE. SARAH
35.50
11/13109
BEITLER, JULIE
108.00
11113/09
BIGGS, ANNETTE
122.55
11113/09
BRENEMAN, SEAN
144.00
11/13109
BRUSOE, AMY
136.75
11/13109
BRUSOE, CRISTINA
265.25
11113/09
CAMPBELL, JESSICA
90.00
11113/09
CLARK, PAMELA
93.75
11/13109
COLEMAN, DAYSHIA
58.13
11/13%09
DEMPSEY, BETH
196.00
11113/09
DUNN, RYAN
1,010.23
11113/09
ERICKSON- CLARK, CAROL
49.00
11/13/09
GRUENHAGEN, LINDA
25150
11/13109
HALL, HOLLY
175.00
11113/09
HANSEN, HANNAH
25.38
11113/09
HEINRICH, SHEILA
104.00
11/13/09
HOLMBERG. LADONNA
355.00
11/13109
HORWATH, RONALD
2,513.20
11/13/09
JOYER, JENNA
103.28
11113/09
KOGLER, RYAN
210.90
11/13/09
KOHLER, ROCHELLE
34.00
11/13109
KRONHOLM, KATHRYN
913.64
11113/09
LAMEYER, ZACHARY"
122.40
11113/09
MATESKI, WAYNE
125.00
11/13109
MATHEWS, LEAH
394.60
11/13/09
MCCANN, NATALIE
54.00
11113/09
MCCARTHY, ERICA
131.75
11113/09
METCALF, JOLENE
50.00
11/13%09
NADEAU, KELLY
26550
11/13/09
PEHOSKI. JOEL
50.00
11113/09
PROESCH, ANDY
491.45
11/13/09
RENFORD, NATHAN
188.06
11/13109
RHODY, DIANE
254.00
11/13/09
RICHTER, DANIEL
108.00
11113/09
RICHTER, NANCY
1,347.38
11113/09
ROLLOFF- FELLNER, TAYLOR
31.40
11/13109
RONNING, ISAIAH
21315
11/13109
SCHAEFER, NATALIE
72.44
11113/09
SCHREIER, ROSEMARIE
159.75
11113/09
SCHLNEMAN, GREGORY
229.12
11/13109
SJERVEN. BRENDA
85.00
11/13%09
SKAAR, SAMANTHA
8550
11113/09
SKUNES, KELLY
161.25
11113/09
SMITH, ANN
138.20
11/13/09
SMITLEY, SHARON
226.35
11/13109
TUPY, ELIANA
102.00
11113/09
TUPY, HEIDE
133.20
11113/09
TUPY, MARCUS
299.65
11/13/09
WARNER, CAROLYN
181.30
11/13109
WEDES, CARYL
98.00
Packet Page Number 138 of 206
Packet Page Number 139 of 206
11/13/09
WEEVER. NAOMI
50.75
11113109
WOLFGRAM, TERESA
48.25
11/13/09
WOODMAN, ALICE
115.00
11/13109
POUNCE. BLAISE
43.50
11/13109
ZALK, DAVID
4350
11113/09
BOSLEY, CAROL
356.70
11113/09
GIERNET, ASHLEY
106.38
11/13109
HOLMGREN, STEPHANIE
80.75
11/13109
LANGER, CHELSEA
108.38
11113/09
LANGER, KAYLYN
108.38
11113/09
SATTLER, MELINDA
66.00
11/13109
SAVAGE, KAREN
135.38
11/13%09
ZAGER, LINNEA
258.88
11113/09
BEHAN, JAMES
1,861.36
11113/09
BOWMAN, MATTHEW
314.21
11/13/09
COLEMAN, PATRICK
174.00
11/13109
CURRAN. JAMES
366.75
11113/09
DOUGLASS, TOM
1,301.56
11113/09
JOHNSON, JUSTIN
87.00
11/13/09
LONETTI, JAMES
468.00
11/13109
MALONEY, SHAUNA
16313
11/131/09
PRINS, KELLY
L220.22
11113/09
REILLY, MICHAEL
1,861.35
11/13/09
SCHOENECKER, KYLE
364.69
11/13109
VALERIO, TARA
286.90
11113 /09
AICHELE, CRAIG
2,396.93
11113/09
PRIEM, STEVEN
2,322.15
11/13109
WOEHRLE, MATTHEW
1035.75
11/13/09
BERGO, CHAD
2,57418
11113/09
FOWLDS, MYCHAL
3.285.88
11113/09
FRANZEN, NICHOLAS
2.466.61
1008021
11/13%09
LONGRIE, DIANA
47315
1008022
11/13/09
AHRENS, FRANCES
148.00
1008023
11113/09
ALBU, VERLE
74.00
1008024
11/13 /09
ANDERSON, ELSIE
216.00
1008025
11/13109
ANDERSON, SUZANNE
222.00
1008026
11/13/09
ANSARI, AHSANUDDIN
143.38
1008027
11113/09
BARRETT, MARLIS
138.75
1008028
11113/09
BARTELT, JOAN
143.38
1008029
11/13109
BEDOR, DAVID
148.00
1008030
11/13109
BELLAND, JAIME
138.75
1008031
11113/09
BERRY, ROBERT
189.00
1008032
11113/09
BOLDEN, DONIFA
92.50
1008033
11/13109
BORTZ, ALBERT
148.00
1008034
11/13%09
BORTZ, JEANNE
210.00
1008035
11113/09
BUNKOWSKE, BERNICE
111.00
1008036
11113/09
CARBONE, JOYCE
288.00
1008037
11/13/09
CAROE, JEANETTE
288.00
1008038
11/13109
CLELAND, ANN
92.50
1008039
11113/09
CONNELLY. THOMAS
92.50
1008040
11113/09
CONNOLLY, COLLEEN
111.00
1008041
11/13/09
COTTER, CATHLEEN
74.00
1008042
11/13109
D'ARCIO, INDIA
74.00
Packet Page Number 139 of 206
1008043
11/13/09
DAVIDSON, MARIANNE
17113
1008044
11113109
DEED, EDWARD
168.00
1008045
11/13//09
DEMKO, FRED
50.88
1008046
11/13109
DEZELAR, PHILIP
148.00
1008047
11/13109
DICKSON, HELEN
115.63
1008048
111131/09
DROEGER, DIANE
198.00
1008049
111131/09
DUCHARME, FRED
222.00
1008050
11/13109
DUELLMAN, AUDREY
216.00
1008051
11113109
EICKHOFF, CAROLYN
178.50
1008052
111131/09
ERICKSON, ELIZABETH
216.00
1008053
11113//09
ERICKSON, ERIC
74.00
1008054
11113109
FELD, ROBYN
74.00
1008055
11/13%09
FISCHER, LORRAINE
252.00
1008056
11113//09
FISCHER, MARY
228.00
1008057
111131/09
FISCHER, PETER
194.25
1008058
11/13/09
FOSBURGH, ANNE
189.00
1008059
11/13/09
FRANZEN, JAMES
83.25
1008060
111131/09
FREER, MARY JO
111.00
1008061
11/13/09
FRIEDLEIN, CHARLENE
92.50
1008062
11/13/09
FRIEDLEIN, RICHARD
240.00
1008063
11/131
FULLER, MARY
145.69
1008064
11/13/09
GALLIGHER.PATRICIA
69.38
1008065
11113/09
GOLASKL DIANE
243.00
1008066
11/13/09
GUDKNECHT, JAMIE
148.00
1008067
11/13/09
GUTHRIE, ROSALIE
138.75
1008068
11113/09
HART, BARBARA
143.38
1008069
11/13/09
HEININGER, GORDON
74.00
1008070
11/13/09
HERBER, DARLENE
74.00
1008071
11/13/09
HESS, HARLAND
64.75
1008072
11/13/09
HILLIARD, BARBARA
124.88
1008073
11113/09
HINES, CONSTANCE
74.00
1008074
11/13/09
HORGAN, GERALD
74.00
1008075
11/13/09
HORGAN, SHARON
143.38
1008076
11113/09
HULET, JEANETTE
143.38
1008077
11/13/09
HULET, ROBERT
138.75
1008078
11/13/09
HUNTOON, LYNN
71.69
1008079
11/13/09
IVERSEN, MILDRED
76.31
1008080
11/13/09
JANACEK, JEFFREY
138.75
1008081
11113/09
JOHANNESSEN, JUDITH
178.50
1008082
11/131
JOHNSON, BARBARA
138.75
1008083
11/13/09
JOHNSON, MARY
136.44
1008084
11113/09
JOHNSON, WARREN
148.00
1008085
11/13/09
JONES, JULLA
18.50
1008086
11/13/09
JONES, SHIRLEY
143.38
1008087
11/13/09
JURMU, JOYCE
101.75
1008088
11/13/09
KNAUSS, CAROL
138.75
1008089
11113/09
KOCH, ROSEMARY
106.38
1008090
11/13/09
KRAMER, DENNIS
138.75
1008091
11/13/09
KRAMER. PATRICIA
106.38
1008092
11113/09
KRAUSE, BRUCE
138.75
1008093
11/13/09
KREKELBERG, MONA
186.38
1008094
11/13/09
KWOPICK, CLEMENCE
55.50
1008095
11/131
LACKNER, MARVELLA
138.75
Packet Page Number 140 of 206
1008096
11/13/09
LAMPE, CHARLOTTE
143.38
1008097
11113109
LAUREN, LORRAINE
138.75
1008098
11/13/09
LAWRENCE, DONNA
138.75
1008099
11/13109
LEITER, BARBARA
138.75
1008100
11/13109
LEO, ANN
143.38
1008101
11113/09
LEO, PATRICIA,
138.75
1008102
11113/09
LEONARD, CLAUDETTE
148.00
1008103
11/13109
LINCOWSKI, STEVEN
15750
1008104
11/13109
LINCOWSKI. VIOLA
101.75
1008105
11113/09
LOCKWOOD, JACQUELINE
18.50
1008106
11113/09
LOIPERSBECK, DARLENE
138.75
1008107
11/13109
LOWE- ADAMS, SHARI
74.00
1008108
11/13%09
LUTTRELL, SHIRLEY
216.00
1008109
11113/09
MAHOWALD, VALERIE
138.75
1008110
11113/09
MAHRE, GERALDINE
198.00
1008111
11/13/09
MANTHEY, JOHN
258.00
1008112
11/13109
MARSH, DELORES
127.19
1008113
11113/09
MASKREY, THOMAS
101.75
1008114
11113/09
MAUSTON, SHELIA
148.00
1008115
11/13/09
MCCANN. JOHN
34.69
1008116
11/13109
MCCARTHY, MARGARET
74.00
1008117
11/13/09
MCCAULEY.JUDITH
143.38
1008118
11113/09
MEALEY, GEORGIA
141.06
1008119
11/13/09
MECHELKE, GERALDINE
152.63
1008120
11/13109
MECHELKE, MARYLOU
145.69
1008121
11113/09
MILLER, CHARLOTTE
143.38
1008122
11113/09
MISGEN, JOAN
138.75
1008123
11/13109
MOTZ, BETTY
138.75
1008124
11/13/09
MUDEK, DOLORES
69.38
1008125
11113/09
MUDEK, LEO
78.63
1008126
11113/09
MURASKI, GERALDINE
64.75
1008127
11/13%09
MYSTER, THOMAS
143.38
1008128
11/13/09
NEWCOMB. MARY
216.00
1008129
11113 /09
NEWCOMB, WINIFRED
90.19
1008130
11/13/09
NIETERS, LOUISE
136.50
1008131
11/13109
NISSEN, HELEN
92.50
1008132
11/13/09
NORBERG, ANN
138.75
1008133
11113/09
O'BRIEN, DANIEL
192.00
1008134
11113/09
OLSON, ANITA
143.38
1008135
11/13109
OLSON, LOIS
143.38
1008136
11/13109
OLSON, NORMAN
104.06
1008137
11113/09
PADDOCK, KENNETH
194.25
1008138
11113/09
PARENT, DEAN
141.06
1008139
11/13109
PEITZMAN. LLOYD
157.25
1008140
11/13%09
PEPER, MARILYN
143.38
1008141
11113/09
RAHN, DELBERT
138.75
1008142
11113/09
RODRIGUEZ, VINCENT
83.25
1008143
11/13/09
ROHRBACH, CHARLES
138.75
1008144
11/13109
ROHRBACH, ELAINE
138.75
1008145
11113/09
ROLLER, CAROLYN
148.00
1008146
11113/09
RON IOLM, MARY
264.00
1008147
11/13/09
SANDBERG. JANET
124.88
1008148
11/13109
SATRIANO, PAULINE
143.38
Packet Page Number 141 of 206
1008149
11/13/09
SALTER, ELMER
148.00
1008150
11113109
SALTER, KATHLEEN
141.06
1008151
11/13/09
SCHEUNEMANN, MARJORIE
143.38
1008152
11/13109
SCHIFF. MARGARET
143.38
1008153
11/13109
SCHNEIDER, MARY
143.38
1008154
11113/09
SCHOENECKER, SANDRA
60.13
1008155
11113/09
SCHROEPFER, HARRIET
138.75
1008156
11/13109
SCHULTZ, LOUISE
138.75
1008157
11/13109
SHORES, THERESA
157.50
1008158
11113/09
SPANGLER, ROBERT
143.38
1008159
11113/09
SPIES, LOUIS
148.00
1008160
11/13109
STAFKI, TIM
222.00
1008161
11/13%09
STENSON, KAREN
143.38
1008162
11113/09
STEVENS, SANDRA
171.13
1008163
11113/09
STORM, MARY
157.25
1008164
11/13/09
TAYLOR, LORRAINE
219.00
1008165
11/13109
TAYLOR, RITA
143.38
1008166
11113/09
TILLMAN, LEILA
143.38
1008167
11113/09
TOLBERT, D- FRANKLIN
145.69
1008168
11/13/09
TRIPPLER, DALE
183.75
1008169
11/13109
URBANSKI, CAROLYN
64.75
1008170
11/13/09
URBANSKI, HOLLY
231.00
1008171
11113/09
URBANSKI. MICHELLE
138.75
1008172
11/13/09
VAN BLARICOM, BEULAH
246.75
1008173
11/13109
VANEK, MARY
64.75
1008174
11113 /09
VATNE, MARY
157.25
1008175
11113/09
VOLKMAN, PHYLLIS
148.00
1008176
11/13109
WASMUNDT, GAYLE
222.00
1008177
11/13/09
WEILAND, CONNIE
138.75
1008178
11113/09
WHITCOMB, LARRY
204.75
1008179
11113 /09
WILLY, JOHN
189.00
1008180
11/13%09
WITSCHEN, DELORES
138.75
1008181
11/13/09
YORKOVICH. CINDY
148.00
1008182
11113/09
ZACHO, KAREN
141.06
1008183
11/13/09
ZIAN, HELEN
138.75
1008184
11/13109
WELCHLIN. CABOT
3,103.92
1008185
11/13/09
FASULO, WALTER
10556
1008186
11113/09
FEIST, ASHLEY
78.00
1008187
11113/09
GEBHARD, MADELINE
320.00
1008188
11/13109
JACKSON, ANGELA
156.00
1008189
11/13109
JUGOVICH, CARALYNN
78.00
1008190
11113/09
KRENZ, CASSANDRA
39.00
1008191
11113/09
LIZAKOWSKI, GENEVIEVE
78.00
1008192
11/13109
MERRITT, JACOB
30.00
1008193
11/13%09
MULLEN, REBECCA
39.00
1008194
11113/09
PETERSON, HAYLIE
117.00
1008195
11113/09
ROKKE, MARINA
78.00
1008196
11/13/09
RUBBELKE, JAMIE
39.00
1008197
11/13109
ST. MARTIN, MICHELLE
78.00
1008198
11113/09
LAMB, JACQUELINE
54.00
1008199
11113/09
BUESING, DYLAN
44.10
1008200
11/13/09
CRANDALL, KRISTA
69.75
1008201
11/13109
FLUEGEL, LARISSA
4350
Packet Page Number 142 of 206
1008202
11/13/09
GIPPLE. TRISHA
50.75
1008203
11/13109
LAMSON, KEVIN
95.55
1008204
11/13/09
MCLAURIN, CHRISTOPHER
340.13
1008205
11/13109
NORTHOUSE, KATHERINE
50.38
1008206
11/13109
NWANOKWALE, EMMA
100.75
1008207
11113/09
NWANOKWALE, MORDY
206.00
1008208
11113/09
PIEPER, THEODORE
25.00
1008209
11/13109
ROSTRON, ROBERT
325.06
1008210
11/13109
SCHENKELBERG, LAURA
80.00
1008211
11113/09
VIMR, CAYLA
126.88
1008212
11113/09
WALKER, TYLER
188.50
1008213
11/13109
AUMOCK, KELLY
54.00
1008214
11/13%09
DANIEL, BREANNA
110.25
1008215
11113/09
HER, KIM
26.20
1008216
11113/09
HER, MARINA
30.00
1008217
11/13/09
HITE, ANDREA
54.00
1008218
11/13109
LUHMAN, LISA
54.00
1008219
11113/09
PAGELER, STEPHANIE
54.00
1008220
11113/09
SCHULZE, KEVIN
480.00
1008221
11/13/09
STEFFEN, MICHAEL
174.00
509,400.85
Packet Page Number 143 of 206
Trans Date
Posting Date Merchant Name
Trans Amount
Name
11/04/2009
11/05/2009 FRAN KLI NCOVEYPRODUCTS
$70.55
R CHARLES AHL
10/27/2009
10128/2009 PAPERMART
$19.46
MALADY ANZALDI
10/30/2009
11102/2009 WONDER /HOSTESS #63
$5.59
MALADY ANZALDI
11/01/2009
11/02/2009 PARTY AMERICA 1006
$8.77
MANDYANZALDI
11/03/2009
11/04/2009 WAL -MART
$6.25
MALADY ANZALDI
11/03/2009
11/05/2009 ANDON BALLOONS INC -
$125.04
MANDY ANZALDI
10/23/2009
10/26/2009 MUSKA LIGHTING CENTER
$208.94
JIM BEHAN
11/02/2009
11/03/2009 TRI DIM FILTER CORP
$622.54
JIM BEHAN
11/05/2009
11/06/2009 NUCO2
$65.73
JIM BEHAN
11/05/2009
11/06/2009 NUCO2
$87.16
JIM BEHAN
11/05/2009
11/06/2009 NUCO2
$50.46
JIM BEHAN
10/27/2009
10/28/2009 JUSTACCESSO
$30.80
CHAD BERGO
10/30/2009
11/02/2009 TWIN CITIES REPTILES
$30.12
OAKLEY BIESANZ
11/05/2009
11/06/2009 SPRINT AQUATICS
$99.93
NEIL BRENEMAN
10/27/2009
10/29/2009 HEJNY RENTAL INC
$196.97
TROY BRINK
11/03/2009
11/05/2009 THE HOME DEPOT 2801
$936.27
TROY BRINK
10/26/2009
10/27/2009 PANERA BREAD #1305
$46.87
SARAH BURLINGAME
10/26/2009
10128/2009 JIMMY JOHN'S # 574
$98.28
SARAH BURLINGAME
10/27/2009
10128/2009 TLF *TELE FLORA. COM
$63.94
SARAH BURLINGAME
10/29/2009
11/02/2009 OFFICE DEPOT #1090
$155.71
SARAH BURLINGAME
10/30/2009
11/02/2009 GE CAPITAL
$43.92
SARAH BURLINGAME
10/22/2009
10/26/2009 PIONEER PRESS ADVERTISING
$3,500.00
HEIDI CAREY
10/22/2009
10/26/2009 PIONEER PRESS ADVERTISING
$2,863.00
HEIDI CAREY
10/23/2009
10/26/2009 FEDEX KINKO'S #0617
$21.41
HEIDI CAREY
11/05/2009
11/06/2009 JUPITERIMAGES
$100.00
HEIDI CAREY
10/31/2009
11/02/2009 SUPERSHUTTLE EXECUCARBWI
$13.00
NICHOLAS CARVER
10/31/2009
11/02/2009 NWA AIR 0122506493076
$20.00
NICHOLAS CARVER
10/23/2009
10/26/2009 TWIN CITY FILTER SERVICE
$313.12
SCOTT CHRISTENSON
10/27/2009
10/29/2009 MILLS FLEET FARM #1400
$94.94
SCOTT CHRISTENSON
10/30/2009
11/02/2009 TWIN CITY HARDWARE HADLEY
$57.80
SCOTT CHRISTENSON
11/03/2009
11/05/2009 VIKING ELEC- CREDIT DEPT.
($208.90)
SCOTT CHRISTENSON
11/03/2009
11/05/2009 THE HOME DEPOT 2801
$10.46
SCOTT CHRISTENSON
10/28/2009
10/29/2009 BIRD HOUSE TOO
$15.48
CHARLES DEAVER
10/28/2009
10130/2009 RYCO SUPPLY CO
$75.52
CHARLES DEAVER
11/04/2009
11106/2009 MENARDS 3022
$46.72
CHARLES DEAVER
10/26/2009
10/28/2009 UNIFORMS UNLIMITED INC
$112.35
RICHARD DOBLAR
10/26/2009
10/28/2009 UNIFORMS UNLIMITED INC
$69.00
RICHARD DOBLAR
10/27/2009
10/28/2009 PANERA BREAD #1305
$257.66
RICHARD DOBLAR
10/31/2009
11/02/2009 BATTERIES PLUS #31
$38.52
RICHARD DOBLAR
11/02/2009
11/04/2009 THE HOME DEPOT 2801
$14.48
DOUG EDGE
11/03/2009
11/04/2009 MOGREN LANDSCAPE SUPPLY L
$187.00
DOUG EDGE
11/03/2009
11/05/2009 THE HOME DEPOT 2807
$791.24
DOUG EDGE
10/22/2009
10/26/2009 THE TRANE COMPANY
$409.50
LARRY FARR
10/24/2009
10/26/2009 THE HOME DEPOT 2810
$16.04
LARRY FARR
10/26/2009
10/27/2009 ROCKLER WOODWORK 013
$78.68
LARRY FARR
10/26/2009
10/27/2009 MENARDS 3059
$310.52
LARRY FARR
10/26/2009
10/28/2009 INTERNATIONAL CHEMTEX COR
$116.66
LARRY FARR
10/27/2009
10/29/2009 MILLS FLEET FARM #2700
$15.60
LARRY FARR
10/29/2009
10/30/2009 MENARDS 3022
$139.12
LARRY FARR
10/29/2009
11102/2009 THE HOME DEPOT 2801
$41.77
LARRY FARR
10/29/2009
11102/2009 THE HOME DEPOT 2801
$44.97
LARRY FARR
10/29/2009
11/02/2009 THE HOME DEPOT 2810
$149.17
LARRY FARR
11/02/2009
11/03/2009 AMERICAN FLAGPOLE & FLAG
$567.23
LARRY FARR
10/28/2009
10/29/2009 PITNEYBOWES ONLINEBILL
$203.00
KAREN FORMANEK
10/28/2009
10/30/2009 CURTIS 1000
$47.35
KAREN FORMANEK
Packet Page Number 144 of 206
10/23/2009
10/26/2009 CUSTOMER SUPT CENTER
$900.92
MYCHAL FOWLDS
10/23/2009
10/26/2009 CUSTOMER SUPT CENTER
$900.92
MYCHAL FOWLDS
10/23/2009
10127/2009 CUSTOMER SUPT CENTER
($900.92)
MYCHAL FOWLDS
10/27/2009
10128/2009 INSIGHT *PUBLICSECTOR
$195.31
MYCHAL FOWLDS
10/28/2009
10/29/2009 SHI INTERNATIONAL CORP
$175.28
MYCHAL FOWLDS
10/28/2009
10/29/2009 QWESTCOMM *TN651
$66.45
MYCHAL FOWLDS
10/29/2009
10/29/2009 COMCAST CABLE COMM
$54.00
MYCHAL FOWLDS
10/29/2009
10/30/2009 BEST BUY MHT 00000109
$107.11
MYCHAL FOWLDS
11/04/2009
11/06/2009 THE HOME DEPOT 2801
$18.37
MYCHAL FOWLDS
10/28/2009
10/29/2009 INSIGHT *PUBLICSECTOR
$143.00
NICK FRANZEN
10/29/2009
11/02/2009 CRESCENT ELECTRIC BR 155
$365.68
NICK FRANZEN
11/02/2009
11/02/2009 HP DIRECT- PUBLICSECTOR
$147.83
NICK FRANZEN
11/04/2009
11/04/2009 HP DIRECT- PUBLICSECTOR
$203.54
NICK FRANZEN
11/05/2009
11/05/2009 DMI* DELL K -12 /GOVT
$3,749.27
NICK FRANZEN
10/23/2009
10/26/2009 INTERNATIONAL ASSOCIAT
$229.00
CLARENCE GERVAIS
10/28/2009
10/29/2009 JAKE'S CITY GRILLE - M
$75.08
CLARENCE GERVAIS
11/03/2009
11/05/2009 DOWNTOWNER CAR36010239
$107.62
CLARENCE GERVAIS
10/23/2009
10/26/2009 NIHCA NATIONAL INDEPENDEN
$356.50
JEAN GLASS
10129/2009
10130/2009 LISPS 26833800033400730
$1.05
JANET M GREW HAYMAN
10123/2009
10126/2009 SHRED -IT
$18.15
KAREN E GUILFOILE
10/28/2009
10/30/2009 VERIZON WRLS 5007701
$224.92
KAREN E GUILFOILE
10/29/2009
11/02/2009 METRO SALES INC
$1,786.23
LORI HANSOM
10/31/2009
11/02/2009 COMCAST CABLE COMM
$90.20
LORI HANSON
10/29/2009
10/30/2009 HENRIKSEN ACE HARDWARE
$26.00
PATRICK HEFFERNAN
10/30/2009
11/02/2009 MENARDS 3059
$3.10
PATRICK HEFFERNAN
10/30/2009
11/02/2009 MENARDS 3059
$10.51
PATRICK HEFFERNAN
10/30/2009
11/03/2009 MENARDS 3059
(S3.10)
PATRICK HEFFERNAN
10/31/2009
11/02/2009 TARGET 00011858
$8.56
PATRICK HEFFERNAN
10/31/2009
11/05/2009 MENARDS 3059
(53.70)
PATRICK HEFFERNAN
10/24/2009
10/26/2009 CUB FOODS, INC.
$194.42
RON HORWATH
10/26/2009
10/28/2009 METRO SALES INC
$393.35
ANN E HUTCHINSON
11/02/2009
11/05/2009 TRI -STATE BOBCAT INC.
$233.75
DON JONES
11/03/2009
11/05/2009 THE HOME DEPOT 2801
$70.22
DON JONES
10/28/2009
10/29/2009 PHILIPS MEDICAL SYSTEMS
$1,077.59
BERNARD R JUNGMANN
10/29/2009
10130/2009 BOUND TREE MEDICAL LLC
$1,669.40
BERNARD R JUNGMANN
10/29/2009
10130/2009 BOUND TREE MEDICAL LLC
$23.80
BERNARD R JUNGMANN
10/29/2009
10/30/2009 BOUND TREE MEDICAL LLC
$21.30
BERNARD R JUNGMANN
10/30/2009
11/02/2009 MED ALLIANCE GROUP INC
$1,006.50
BERNARD R JUNGMANN
11/03/2009
11/05/2009 BWW 0126
$56.76
BERNARD R JUNGMANN
11/04/2009
11/05/2009 BOUND TREE MEDICAL LLC
$51.44
BERNARD R JUNGMANN
10/23/2009
10/26/2009 THE UPS STORE #2171
$17.64
TOM KALKA
10/29/2009
11/02/2009 WORLD FOOTLOCKER #5032
$112.00
FLINT KARTS
10/28/2009
10/30/2009 DAVIS LOCK & SAFE
$19.24
NICHOLAS KREKELER
11/02/2009
11/03/2009 THE UPS STORE #2171
$30.83
NICHOLAS KREKELER
10/23/2009
10/26/2009 ADVANCED GRAPHIC SYSTEMS
$286.91
LISA KROLL
10/27/2009
10/28/2009 LILLIE SUBURBAN NEWSPAPE
$273.25
LISA KROLL
11/03/2009
11/04/2009 CHIPOTLE 0224
$73.17
LISA KROLL
11/03/2009
11/04/2009 CHIPOTLE 0224
$10.07
LISA KROLL
11/03/2009
11/05/2009 ISAACS CAFE
($115.21)
LISA KROLL
11/03/2009
11/05/2009 ISAACS CAFE
$230.42
LISA KROLL
11103/2009
11105/2009 ISAACS CAFE
$8.50
LISA KROLL
10123/2009
10126/2009 SHRED -IT
$169.83
DAVID KVAM
10/26/2009
10/28/2009 UNIFORMS UNLIMITED INC
$31.00
DAVID KVAM
10/26/2009
10/28/2009 SHRED -IT
$82.92
DAVID KVAM
10/27/2009
10/29/2009 UNIFORMS UNLIMITED INC
$334.23
DAVID KVAM
11/02/2009
11/04/2009 UNIFORMS UNLIMITED
$2,053.18
DAVID KVAM
Packet Page Number 145 of 206
10/26/2009
10/27/2009 EMERGENCY APPARATUS MAINT
$668.51
STEVE LUKIN
10/26/2009
10/27/2009 EMERGENCY APPARATUS MAINT
$772.09
STEVE LUKIN
10/29/2009
10130/2009 RAINBOW FOODS 00088617
$241.48
STEVE LUKIN
10/29/2009
10130/2009 METRO FIRE
$1,088.69
STEVE LUKIN
10/29/2009
10/30/2009 METRO FIRE
$11.32
STEVE LUKIN
10/29/2009
10/30/2009 OVERHEAD DOOR COMP
$366.95
STEVE LUKIN
10/30/2009
11/02/2009 RAINBOW FOODS 00088617
$177.04
STEVE LUKIN
10/30/2009
11/02/2009 WONDER /HOSTESS #63
$132.75
STEVE LUKIN
11/04/2009
11/05/2009 CUB FOODS, INC.
$23.78
STEVE LUKIN
11/04/2009
11/05/2009 CUB FOODS, INC.
$5.50
STEVE LUKIN
11/04/2009
11/05/2009 ROAD RESCUE EMERGENCY VE
$497.46
STEVE LUKIN
10/22/2009
10/26/2009 ARBY'S #7584 Q52
$6.90
CITY OF MAPLEWOOD
10/23/2009
10/26/2009 STOCK CAR CAF 10453397
$14.19
CITY OF MAPLEWOOD
10/23/2009
10/26/2009 A &W HOT DOGS & ROOTBEER
$7.94
CITY OF MAPLEWOOD
10/23/2009
10/26/2009 USAIRWAYS 0372367484985
$20.00
CITY OF MAPLEWOOD
10/26/2009
10/28/2009 HYATT REGENCY LEXINGTON
$15.92
CITY OF MAPLEWOOD
10/29/2009
10/30/2009 AMERICAN FASTENER AND SUP
$28.52
MARK MARUSKA
11/04/2009
11/06/2009 WM EZPAY
$194.44
MARK MARUSKA
11/05/2009
11106/2009 ON SITE SANITATION
$61.98
MARK MARUSKA
11/05/2009
11106/2009 HENRIKSEN ACE HARDWARE
$176.72
MARK MARUSKA
10/23/2009
10/26/2009 SHRED -IT
$18.15
ROBERT MITTET
10/28/2009
10/28/2009 COMCAST CABLE COMM
$142.42
ROBERT MITTET
10/28/2009
10/29/2009 PITNEYBOWES ONLINEBILL
$2,039.00
ROBERT MITTET
11/02/2009
11/03/2009 FSH COMMUNICATION01 OF 01
$63.90
ROBERT MITTET
10/26/2009
10/27/2009 TARGET 00011858
$7.79
AMY NIVEN
10/23/2009
10/26/2009 OFFICE DEPOT #1090
$93.79
MARY KAY PALANK
10/26/2009
10/29/2009 BANNERS.COM
$58.68
CHRISTINE PENN
10/27/2009
10/29/2009 MIDWAY PARTY RENTAL INC
$403.19
CHRISTINE PENN
11/04/2009
11/05/2009 DANNER WEB
$200.00
ROBERT PETERSON
10/23/2009
10/26/2009 ADVANCED GRAPHIC SYSTEMS
$507.90
PHILIP F POWELL
10/23/2009
10/29/2009 SIRCHIE FINGER PRINT LABO
$97.03
PHILIP F POWELL
10/26/2009
10/30/2009 SIRCHIE FINGER PRINT LABO
$197.45
PHILIP F POWELL
10/28/2009
10/29/2009 FITZCO INC
$156.51
PHILIP F POWELL
10/24/2009
10/26/2009 LITTLE CAESARS 1456
$100.10
WILLIAM J PRIEFER
10/30/2009
11102/2009 GE CAPITAL
$333.16
WILLIAM J PRIEFER
11/05/2009
11106/2009 CINTAS FIRST AID #431
$42.46
WILLIAM J PRIEFER
11/05/2009
11/06/2009 CINTAS FIRST AID #431
$71.24
WILLIAM J PRIEFER
10/21/2009
10/26/2009 ZIEGLER INC COLUMBUS
$15.02
STEVEN PRIEM
10/22/2009
10/26/2009 BOYER TRUCK PARTS
(515.26)
STEVEN PRIEM
10/22/2009
10/26/2009 KATH AUTO PARTS NSP
$27.21
STEVEN PRIEM
10/22/2009
10/26/2009 CATCO PARTS &SERVICE
$42.51
STEVEN PRIEM
10/23/2009
10/27/2009 CATCO PARTS &SERVICE
$2.70
STEVEN PRIEM
10/25/2009
10/26/2009 GOODIN COMPANY
$26.62
STEVEN PRIEM
10/26/2009
10/28/2009 KATH AUTO PARTS NSP
$27.72
STEVEN PRIEM
10/26/2009
10/28/2009 BOYER CREDIT
$0.90
STEVEN PRIEM
10/27/2009
10/28/2009 AMERICAN FASTENER AND SUP
$121.09
STEVEN PRIEM
10/27/2009
10/29/2009 KATH AUTO PARTS LC
$91.59
STEVEN PRIEM
10/27/2009
10/29/2009 TOUSLEY FORD 127200039
$15.89
STEVEN PRIEM
10/28/2009
10/29/2009 BATTERIES PLUS #31
$88.14
STEVEN PRIEM
10/28/2009
10/30/2009 KATH AUTO PARTS NSP
$43.42
STEVEN PRIEM
10/28/2009
10130/2009 FACTORY MTR PTS #1
$75.21
STEVEN PRIEM
10/29/2009
10130/2009 AMERICAN FASTENER AND SUP
$26.87
STEVEN PRIEM
10/29/2009
11/02/2009 GILLUND ENTERPRIZES
$86.50
STEVEN PRIEM
10/29/2009
11/02/2009 KATH AUTO PARTS NSP
$69.41
STEVEN PRIEM
10/29/2009
11/02/2009 KATH AUTO PARTS NSP
$178.44
STEVEN PRIEM
10/29/2009
11/02/2009 ASPEN EQUIPMENT- BLOOMIN
$1,180.03
STEVEN PRIEM
Packet Page Number 146 of 206
10/30/2009
11/02/2009 TOUSLEY FORD 127228006
$165.50
STEVEN PRIEM
11/02/2009
11/03/2009 BAUER BUILT TIRE -
$15.96
STEVEN PRIEM
11/02/2009
11103 /2009 KREMER SPRING & ALIGNMENT
$1,424.87
STEVEN PRIEM
11/02/2009
11104/2009 KATH AUTO PARTS NSP
($24.78)
STEVEN PRIEM
11/03/2009
11/04/2009 INDUSTRIAL LADDER & SUPPL
$643.65
STEVEN PRIEM
11/03/2009
11/05/2009 KATH AUTO PARTS NSP
$22.11
STEVEN PRIEM
11/04/2009
11/06/2009 ZARNOTH BRUSH WORKS
$390.52
STEVEN PRIEM
11/04/2009
11/06/2009 KATH AUTO PARTS NSP
$25.17
STEVEN PRIEM
10/30/2009
11/02/2009 NNA *NATL NOTARY ASSN
$21.00
TERRIE RAMEAUX
10/27/2009
10/28/2009 HILLYARD INC MINNEAPOLIS
$941.08
MICHAEL REILLY
10/28/2009
10/29/2009 DALCO ENTERPRISES, INC
$36.42
MICHAEL REILLY
10/30/2009
11/02/2009 HILLYARD INC MINNEAPOLIS
$967.51
MICHAEL REILLY
10/27/2009
10/28/2009 WALGREENS #2936
$27.53
AUDRA ROBBINS
10/29/2009
10/30/2009 UNITED RENTALS
$103.45
ROBERT RUNNING
10/23/2009
10/26/2009 THE HOME DEPOT 2801
$20.26
JAMES SCHINDELDECKER
10/23/2009
10/26/2009 OFFICE DEPOT #1090
$60.63
DEB SCHMIDT
10/23/2009
10/26/2009 T- MOBILE.COM *PAYMENT
$32.59
DEB SCHMIDT
10/27/2009
10/29/2009 STAPLES DIRECT00209908
$66.41
DEB SCHMIDT
10/28/2009
10130/2009 OFFICE DEPOT #1090
$54.34
DEB SCHMIDT
10/30/2009
11102/2009 OFFICE DEPOT #1090
$62.30
DEB SCHMIDT
11/02/2009
11/03/2009 CUB FOODS, INC.
$132.81
DEB SCHMIDT
10/27/2009
10/29/2009 METROCALL /ARCH WIRE
$16.03
SCOTT SCHULTZ
10/30/2009
11/02/2009 RED WING SHOE STORE
$122.00
SCOTT SCHULTZ
10/29/2009
11/02/2009 HOLIDAY STNSTORE 0311
$10.00
MICHAEL SHORTREED
10/23/2009
10/26/2009 ADVANCED GRAPHIC SYSTEMS
$66.87
PAULINE STAPLES
10/23/2009
10/26/2009 SUPERAMERICA 04089
$17.01
PAULINE STAPLES
10/23/2009
10/26/2009 SPORTS IMPORTS
$352.00
PAULINE STAPLES
11/03/2009
11/05/2009 OFFICE MAX
$10.69
PAULINE STAPLES
10/28/2009
10/29/2009 CUB FOODS, INC.
$43.80
JOANNE M SVENDSEN
11/04/2009
11/05/2009 CUB FOODS, INC.
$29.68
JOANNE M SVENDSEN
10/27/2009
10/28/2009 ST CROIX TREE SERVICE
$310.00
DOUGLAS J TAUBMAN
10/29/2009
10/30/2009 METRO ATHLETIC SUPPLY
$62.53
JAMES TAYLOR
10/28/2009
10/28/2009 U OF M CCE
$225.00
MICHAEL THOMPSON
10/30/2009
11/03/2009 QUILL CORPORATION
$134.07
SUSAN ZWIEG
TOTAL
$48,717.07
Packet Page Number 147 of 206
/ enda Item M2
F-ITC] 4 Z, 1 I A A
TO: James Antonen, City Manager
FROM: Steve Lukin, Fire Chief
SUBJECT: Resolution Accepting Donation to the Fire Department
from Residential Mortgage Group
DATE: November 12, 2009
INTRODUCTION
The fire 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 fire department a $100 check as
"Refer a friend" Build your community.
part of their charitable donation program called
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 Fire Department for their $100 donation in conjunction
with their loan closing is Rachel Filippi from the northern portion of Maplewood.
RECOMMENDATION
I recommend that the city council approve to accept this $100 donation and that the necessary
budget adjustments be made so the funds can be expended by the fire department as needed.
Packet Page Number 148 of 206
RESOLUTION AUTHORIZING GIFT TO CITY
WHEREAS, Maplewood isAUTNU|R|ZEDto receive and accept grants, gifts and devices of real and
personal property and maintain the same for the benefit of the citizens and pursuant tn the donor's
terms ifuo'prescribed,and;
WHEREAS, Residential Mortgage Group (RMG) wishes to grant the city of Maplewood the following:
WHEREAS, Residential Mortgage Group has instructed thatthaCitvwiUbepeqVhedtousathe
aforementioned for: use by the fire 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 agree that it will accept the gift byafour-fifths majority of its governing bVdy'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 orrequired,
The Maplewood City Council passed this resolution by four-fifths or more majority vote of its
membership on
20___^
Signed: Signed: Witnessed:
(Signature) (Signature)
MaVor Chief of Fire Citv Clerk
(Title) (Title) (Title)
(Date) (Date) (Date)
Packet Page Number 149 of 206
Item M -3
TO: James Antonen, City Manager
FROM: Karen Guilfoile, Director, Citizen Services
DATE: November 18, 2009
RE: Resolution Accepting Donation To The Community Center In Memory Of North
St. Paul Police Officer Richard Crittenden
I till MT rRa =
An anonymous donation of an arcade style hockey game was donated in remembrance of North
St. Paul Police Officer Richard Crittenden. The intent of the donation was that it be given to a
facility where kids can enjoy it and it has been requested that the Maplewood Community
Center receive it.
Minnesota State Statute 465.03 states that gifts to municipalities shall be accepted by the
governing body in the form of a resolution by a two- thirds vote.
Consideration
Approve the following resolution accepting the donation of an arcade style hockey game in
remembrance of Office Crittenden.
RESOLUTION
ACCEPTANCE OF DONATION
WHEREAS the Maplewood Community Center has received a donation of an arcade style
hockey game in remembrance of North St. Paul Police Office Crittenden.
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the
Community Center to accept this donation.
Packet Page Number 150 of 206
Agenda Item M4
AGENDA REPORT
TO: James Antonen, City Manager
FROM: Steve Kummer, Civil Engineer II
SUBJECT: Kohlman Area Street Improvements, Project 07 -21
a. Approval of Final Project Financing and Closure of Fund 584
b. Authorize Transfer of Funds
DATE: November 13, 2009
INTRODUCTION
The contractor, C.W. Houle, Incorporated, has completed the project improvements. The council will
also consider adopting the final financing plan in order to close out the project fund.
BACKGROUND
This project involved the reconstruction of 0.90 miles of streets with associated storm sewer,
watermain, sanitary sewer main repairs, and storm water treatment ponds. On April 28, 2008 the
council awarded the contract in the amount of $1,875,809.00. During construction there was one
change order amounting to $10,499.00 bringing the total revised contract amount to $1,886,308.00
The approved budget for the project is $2,314,350.00. Based on current Finance Department records,
the total project cost is $2,332,447.52 representing an $18,097.52 increase in the proposed project
cost. The increase in budget is due to a water main extension north of Beam Avenue along Kohlman
Lane for the City of Little Canada, and extra work to install a new directionally- drilled sanitary sewer
under Kohlman Lane for future connection, also into the City of Little Canada. The budget increase is
compensated through an increase in the City of Little Canada's contribution to the project financing.
The actual amount received from the City of Little Canada is reflected in the recommended final project
financing.
During an itemized breakdown of final project costs, adjustments are proposed for the Environmental
Utility Fund and Sanitary Sewer Fund contributions. The total current financing from both funds is
$1,107,480.00 + $85,000 = $1,192,480.00. Staff is proposing to adjust these contributions to better
reflect the overall costs of sanitary sewer - related and storm water management - related construction
items.
Staff recommends a decrease in sanitary sewer fund contribution to $822,800 and an increase in
Environmental Utility Fund contribution to $296,400. The total recommended contribution from both
funds is $822,800 + $296,400 = $1,119,200.90.
Including the adjustments to the sanitary sewer and environmental utility funds as well as the increased
City of Little Canada contribution, staff proposes the following final financing plan to close -out the
project:
Packet Page Number 151 of 206
Agenda Item M4
RECOMMENDATION
Staff recommends that the council approve the final project financing approval by authorizing the
finance director to complete the following:
• Implement the final financing plan as proposed above for the Kohlman Lane Area Street
Improvements, City Project 07 -21.
• Close Fund 584 and transfer any remaining funds in the account to the PIP fund.
Attachments:
1. Location Map
Packet Page Number 152 of 206
Current Financing Plan
Final Financing Plan
Special Assessments
$
566,970.00
$
522,840.00
Special Assessments - Penalties /Interest
$
337.35
Community Development - Plan Check Fee
$
2,560.00
Sanitary Sewer Fund
$
1,107,480.00
$
822,800.00
WAC Fund
$
60,000.00
$
60,000.00
Environmental Utility Fund
$
85,000.00
$
296,400.00
Interest on Investments
$
38,683.09
Driveways
$
30,000.00
$
39,486.69
City of Little Canada Obligation
$
179,900.00
$
236,299.18
Premiums on Bond Sale
$
28,114.13
General Obligation Bonds
$
285,000.00
$
285,000.00
i s
2,314,350.00
$
2,332,520.44
RECOMMENDATION
Staff recommends that the council approve the final project financing approval by authorizing the
finance director to complete the following:
• Implement the final financing plan as proposed above for the Kohlman Lane Area Street
Improvements, City Project 07 -21.
• Close Fund 584 and transfer any remaining funds in the account to the PIP fund.
Attachments:
1. Location Map
Packet Page Number 152 of 206
Agenda Item M4
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PROPOSED 2008 STREET IMPROVEMENTS NO SCALE
KOHLMAN LANE AREA STREET IMPROVEMENTS
MAPLEWOOD, MINNESOTA
CITY PROJECT 07-21
Packet Paae Number 153 of 2
I
Agenda Item M5
AGENDA REPORT
TO: James Antonen, City Manager
FROM: Michael Thompson, City Engineer
Steve Kummer, Civil Engineer II
SUBJECT: Lark - Prosperity Area Street Improvements, Project 07 -15
a. Approval of Final Project Financing and Closure of Fund 580
b. Authorize Transfer of Funds
DATE: November 13, 2009
INTRODUCTION
The contractor, T.A. Schifksy and Sons, Inc., has completed the project improvements. The council will
also consider adopting the final financing plan in order to close out the project fund.
BACKGROUND
This project involved the reconstruction of 1.7 miles of streets with associated storm sewer, watermain,
sanitary sewer main repairs, and storm water treatment ponds. On August 27, 2007 the council
awarded the construction contract in the amount of $2,494,240.24. During construction there were four
(4) change orders amounting to $94,111.79 bringing the total revised contract amount to
$2,588,352.03. The total amount of final payment earned by the contractor is $2,583,034.15.
BUDGET
The approved budget for the project after all revisions to date is $2,957,910.00. Based on current
Finance Department records, total project expenditures amount to $2,900,264.56.
Staff proposes the following final financing plan to close -out the project:
Packet Page Number 154 of 206
Current Financing Plan
Final Financing Plan
Special Assessments
$
792,910.00
$
695,229.60
Special Assessments - Penalties /Interest
Community Development - Plan Check Fee
Sanitary Sewer Fund
$
237,800.00
$
237,800.00
WAC Fund
$
61,500.00
$
61,500.00
Environmental Utility Fund
$
403,000.00
$
403,000.00
SPRWS Obligation
$
84,600.00
$
10,376.22
Interest on Investments
$
81,033.62
Driveways
$
30,000.00
$
35,606.07
Harbor Pointe Escrow
$
28,000.00
$
28,000.00
Harbor Pointe Developer Acccount
$
8,000.00
$
8,000.00
Premiums on Bond Sale
$
7,171.51
General Obligation Bonds
$
$
1,312,100.00
2,957,910.00
$
$
1,332,600.00
2,900,317.02
TOTALS:
Packet Page Number 154 of 206
Agenda Item M5
RECOMMENDATION
Staff recommends that the council approve the final financing plan by authorizing the Finance Director
to complete the following:
• Implement the final financing plan as proposed above for the Lark - Prosperity Area Street
Improvements, City Project 07 -15.
• Close Fund 580 and transfer any remaining funds in the account to the PIP fund.
Attachments:
1. Location Map
Packet Page Number 155 of 206
Agenda Item M5
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Packet Page Number 156 of 206
Agenda Item M6
AGENDA REPORT
TO: James Antonen, City Manager
FROM: Steve Kummer, Civil Engineer II
SUBJECT: Hazelwood Street Improvements, City Project 07 -25, Resolution Approving
Final Payment and Acceptance of Project
DATE: November 13, 2009
INTRODUCTION
The contractor, Tower Asphalt, 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 May 12, 2008, the council awarded Tower Asphalt, Inc. a construction contract for utility and
roadway improvements in the amount of $1,241,296.25. With two change orders amounting to
$86,684.75, the adjusted contract amount is $1,327,981.00. The total amount earned by the contractor
for this project is $1,215,290.14.
The current approved budget for the project is $2,392,000. 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 -25
Financing
Bonds- Municipal State Aid:
$1,701,902.00
Special Assessments:
$
433,098.00
Sanitary Sewer Fund:
$
91,000.00
Driveway Program:
$
30,000.00
WAG Fund:
$
40,000.00
SPRWS Obligation
$
40,000.00
Comforts of Home Sidewalk Escrow
$
16,000.00
Mn /DOT Coop. Aqr. Funding
$
40,000.00
Total Financing Amount: $2,392,000.00
RECOMMENDATION
It is recommended that the city council approve the attached resolution for the Hazelwood Street
Improvements, City Project 07 -25, Approving Final Payment and Acceptance of Project.
Attachments:
1. Resolution
2. Location Map
3. Final Payment Application
Packet Page Number 157 of 206
Agenda Item M6
Attachment 1
RESOLUTION
APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT
CITY PROJECT 07 -25
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 07 -25, the Hazelwood 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
Hazelwood Street Improvements, City Project 07 -25, is complete and recommends
acceptance of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that
City Project 07 -25 is complete and maintenance of these improvements is
accepted by the city; and the final construction cost is $1,215,290.14. Final
payment to Tower Asphalt, Incorporated, and the release of any retainage or
escrow is hereby authorized.
Approved this 23 day of November 2009
Packet Page Number 158 of 206
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Agenda Item M6
Attachment 3
APPLICATION FOR PAYMENT
PAYMENT NO. 7 - FINAL
Contract:
07 -25
Owner:
City of Maplewood
Contractor:
Tower Asphalt, Inc.
Project:
Hazelwood Street Improvements
KHA Job No.
160500025
Application Date:
11/9/2009
For Period Ending:
11/6/2009
Original Contract Amount:
$
1,241,296.25
Contract Amendments:
$
86,684.75
Contract Amount to Date:
$
1,327,981.00
Total Amount of Work Completed to Date:
$
1,215,290.14
Material Stored On -Site but not in Work:
$
-
Gross Amount Due to Date:
$
1,215,290.14
Less 0.00% Retainage:
$
-
Amount Due to Date:
$
1,215,290.14
Less Previous Payments:
$
1,194,470.22
Total Due This Application:
$
20,819.92
I hereby certify that all items and amounts shown are correct for the work
completed to -date.
Contractor: TOWER ASPHALT, INC.
By: Date:
The Work on this project and application for payment have been reviewed and
the amount shown is recommended for payment.
Engineer: KIMLEY -HORN AND ASSOCIATES, INC.
B Date:
APPROVED FOR PAYMENT
Owner: CITY OF MAPLEWOOD
B Date:
Packet Page Number 160 of 206
Agenda Item M6
Attachment 3
PAYMENT HISTORY
Payment
No.
Payment
End -Date
Payment
Application
Date
Amount
1
6/30/2008
7/11/2008
$
156,715.15
2
7/31/2008
8/4/2008
$
309,523.11
3
8/31/2008
9/8/2008
$
255,291.83
4
9/30/2008
10/9/2008
$
204,803.65
5
1 0/31 /2008
12/1 /2008
$
185,760.48
6
12/31/2008
1/16/2009
$
82,376.00
7 - FINAL
11/6/2009
11/9/2009
$
20,819.92
Total Payments:
$
1,215,290.14
Packet Page Number 161 of 206
Agenda Item M6
Attachment 3
PAYMENT NO. 7 - FINAL
Contract:
07 -25
Owner:
City of Maplewood
Contractor:
Tower Asphalt, Inc.
Project:
Hazelwood Street Improvements
KHA Job No.
160500025
Schedule: A
Description: SANITARY SEWER IMPROVEMENTS
i No.
1
Mn /DOT No.
2104.602
Item Description
SALVAGE CASTING (SANITARY
2
2451.609
COARSE FILTER AGGREGATE FOUNDATION
3
2503.602
8" X 6" PVC WYE, SCH 40
4
2503.603
6" PVC PIPE SEWER, SCH 40 (SEWER SERVIC
5
2506.602
CASTING ASSEMBLY R- 1678 -A FOR EXISTING
STRUCTURE
6
2506.603
RECONSTRUCT SANITARY SEWER MANH
Schedule A Subtotal: 1 $ 27,030.00 I $ 29,599.60
Schedule: B
Description: WATERMAIN IMPROVEMENTS
Item No.
Contract
Unit Price
$ 50.00
$ 10.00
$ 750.00
$ 28.00
$ 300.00
$ 200.00
$
S
S
S
$
$
Amount
800.00
300.00
5,250.00
5,880.00
4,800.00
10,000.00
To -Date
Quantity
16
8
296.2
16
48.53
$
$
$
$
$
$
I o -Date
Amount
800.00
-
6,000.00
8,293.60
4,800.00
9,706.00
Unit
EA
Quantity
16
TON
30
EA
7
LF
210
EA
16
LF
50
Schedule A Subtotal: 1 $ 27,030.00 I $ 29,599.60
Schedule: B
Description: WATERMAIN IMPROVEMENTS
Item No.
MnIDOT No.
Item Description
I
2451.603
WATERMAIN TRENCH EXCAVATION AND PREPARATION
2
2504.602
ADJUST GATE VALVE
3
2504.602
ADJUST CURB STOP BOX
4
2504.604
2" POLYSTYRENE INSULATION
Schedule B Subtotal: I $ 8,000.00 1 $ 7,826.60
Schedule: C
Description: STORM SEWER IMPROVEMENTS
Item No.
Contract
Unit Price
$ 18.00
$ 275.00
$ 50.00
$ 10.00
$
$
$
$
Amount
1,800.00
3,850.00
2,200.00
150.00
To -Date
Quantity
140
14
27
10.66
$
$
$
$
To -Date
Amount
2,520.00
3,850.00
1,350.00
106.60
Unit
LF
Quantity
100
EA
14
EA
44
SY
15
Schedule B Subtotal: I $ 8,000.00 1 $ 7,826.60
Schedule: C
Description: STORM SEWER IMPROVEMENTS
Item No.
Mn /DOT No.
Item Description
Unit
Contract
Quantity
Unit Price
$ 7.00
$ 300.00
$ 250.00
$ 250.00
$ 250.00
$ 250.00
$ 50.00
$ 10.00
$
$
$
$
$
$
$
$
Amount
2,226.00
1,800.00
250.00
250.00
500.00
250.00
600.00
3,000.00
To -Date
Quantity
401
6
1
1
2
1
12
175
$
$
$
$
$
$
$
$
To -Date
Amount
2,807.00
1,800.00
250.00
250.00
500.00
250.00
600.00
1,750.00
1
2104.501
REMOVE SEWER PIPE (STORM) ALL SIZES)
LF
318
2
2104.509
REMOVE STORM MANHOLE
EA
6
3
2104.509
REMOVE 21" RC PIPE APRON
EA
1
4
2104.509
REMOVE 24" RC PIPE APRON
EA
1
5
2104.523
SALVAGE 12" RC PIPE APRON
EA
2
6
2104.523
SALVAGE 21" RC PIPE APRON
EA
1
7
2104.602
SALVAGE CASTING (STORM)
EA
12
8
2451.609
COARSE FILTER AGGREGATE FOUNDATION
TON
300
Packet Page Number 162 of 206
Agenda Item M6
Attachment 3
9
2501.511
12" PIPE CULVERT, CLASS V
LF
78
10
2501.515
12" RC PIPE APRON AND TRASH GUARD
EA
3
11
2501.515
15" RC PIPE APRON AND TRASH GUARD
EA
1
12
2501.515
18" RC PIPE APRON AND TRASH GUARD
EA
1
13
2501.515
21" RC PIPE APRON AND TRASH GUARD
EA
1
14
2501.602
INSTALL SALVAGED 12" RC PIPE APRON
EA
2
15
2501.602
INSTALL SALVAGED 21" RC PIPE APRON
EA
1
16
2502.603
4" PE PIPE DRAIN WITH TYPE 1 GEOTEXTILE SOCK
LF
1,200
17
2503.541
12" RC PIPE SEWER, CLASS V, DESIGN 3006
LF
0
18
2503.541
15" RC PIPE SEWER, CLASS V, DESIGN 3006
LF
0
19
2503.541
18" RC PIPE SEWER, CLASS III, DESIGN 3006
LF
0
20
2503.541
21" RC PIPE SEWER, CLASS 111, DESIGN 3006
LF
0
21
2503.541
24" RC PIPE SEWER, CLASS III, DESIGN 3006
LF
0
22
2503.602
CONNECT PIPE TO EXISTING STORM SEWER STRUCTURE
EA
9
23
2503.602
CONNECT PIPE TO EXISTING STORM SEWER PIPE
EA
1
24
2503.602
CONNECT DRAINAGE STRUCTURE TO EXISTING STORM
SEWER PIPE
EA
1
25
2506.602
CONSTRUCT DRAINAGE STRUCTURE (2'x3' BOX)
EA
21
26
2506.602
CONSTRUCT DRAINAGE STRUCTURE (27" )
EA
1
27
2506.602
CONSTRUCT DRAINAGE STRUCTURE (48 ")
EA
18
28
2506.602
CONSTRUCT DRAINAGE STRUCTURE (48" WITH 3' SUMP)
EA
1 3
29
2506.602
CONSTRUCT DRAINAGE STRUCTURE (60" WITH T SUMP)
EA
11 1
30
2506.602
CASTING ASSEMBLY R- 1678 -A FOR EXISTING STORM
STRUCTURE
EA
8
31
2506.603
RECONSTRUCT DRAINAGE STRUCTURE
LF
42
32
2511.501
RANDOM RIPRAP CLASS III
CY
25
33
2511.511
GRANULAR FILTER
CY
15
$ 21.00
$
1,638.00
Unit
$
Unit Price
$ 51,000.00
$ 3,500.00
$ 200.00
$ 2,500.00
$ 100.00
$ 2.00
$ 2.20
$ 1.70
$ 2.20
$ 3.50
$ 0.75
$ 1.75
$ 8.50
$ 7.25
$ 10.00
$ 6.00
$ 6.00
$ 6.00
$ 525.00
$
1,575.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
1
$ 590.00
$
590.00
8
$
4,720.00
$ 670.00
$
670.00
1
$
670.00
$ 775.00
$
775.00
1
$
775.00
$ 250.00
$
500.00
2
$
500.00
$ 250.00
$
250.00
LF
$
-
$ 8.00
$
9,600.00
1,140
$
9,120.00
$ 21.00
$
-
148
$
3,108.00
$ 24.00
$
-
411
$
9,864.00
$ 28.00
$
-
172
$
4,816.00
$ 31.00
$
GEOTEXTILE FABRIC, TYPE V
SY
$
-
$ 34.00
$
CY
3,826
$
-
$ 300.00
$
2,700.00
10
$
3,000.00
$ 300.00
$
300.00
1
$
300.00
$ 300.00
$
300.00
1
$
300.00
$ 1,100.00
$
23,100.00
20
$
22,000.00
$ 1,100.00
$
1,100.00
1
$
1,100.00
$ 1,600.00
$
28,800.00
22
$
35,200.00
$ 1,600.00
$
4,800.00
3
$
4,800.00
$ 3,250.00
$
3,250.00
1
$
3,250.00
$ 300.00
$
2,400.00
9
$
2,700.00
$ 200.00
$
8,400.00
24.79
$
4,958.00
$ 65.00
$
1,625.00
24
$
1,560.00
$ 25.00
$
375.00
$
-
Schedule C Subtotal:) $ 101,624.00 ( $ 120,948.00
Schedule: D
Description: ROADWAY IMPROVEMENTS
Item No.
MnIDOT No.
Item Description
Unit
Contract
Quantity
Unit Price
$ 51,000.00
$ 3,500.00
$ 200.00
$ 2,500.00
$ 100.00
$ 2.00
$ 2.20
$ 1.70
$ 2.20
$ 3.50
$ 0.75
$ 1.75
$ 8.50
$ 7.25
$ 10.00
$ 6.00
$ 6.00
$ 6.00
S
S
S
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Amount
51,000.00
1,400.00
600.00
1,000.00
300.00
530.00
1,650.00
31,450.00
4,400.00
1,400.00
135.00
5,250.00
32,521.00
18,850.00
25,000.00
42,096.00
22,956.00
12,000.00
To -Date
Quantity
1
0.52
11
0.52
11
404
750
18,500
2,097
400
300
2,595
1,152
1,920
7,016
2,595
1,866
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
To -Date
Amount
51,000.00
1,820.00
2,200.00
1,300.00
1,100.00
808.00
1,650.00
31,450.00
4,613.40
1,400.00
225.00
-
22,057.50
8,352.00
19,200.00
42,096.00
15.570.00
11.196.00
1
2021.601
MOBILIZATION
LS
1
2
2101.501
CLEARING
AC
0.40
3
2101.502
CLEARING
TREE
3
4
2101.506
GRUBBING
AC
0.40
5 1
2101.507
GRUBBING
TREE
3
6
2104.501
REMOVE CONCRETE CURB AND GUTTER
LF
265
7
2104.513
SAWING BITUMINOUS PAVEMENT (FULL- DEPTH) (ROADWAY
ONLY)
LF
750
8
2104.604
REMOVE BITUMINOUS ROADWAY PAVEMENT
SY
18,500
9
2104.604
REMOVE BITUMINOUS DRIVEWAY PAVEMENT
SY
2,000
10
2104.604
REMOVE CONCRETE DRIVEWAY PAVEMENT
SY
400
11
2104.618
REMOVE CONCRETE WALK
SF
180
12
2105.604
GEOTEXTILE FABRIC, TYPE V
SY
3,000
13
2105.607
SELECT GRANULAR BORROW (P)
CY
3,826
14
2105.607
SELECT GRANULAR BORROW FOR ADDITIONAL CORRECTION
(LV)
CY
2,600
15
2105.607
SELECT TOPSOIL BORROW (LV)
CY
2,500
16
2105.607
COMMON EXCAVATION (P)
CY
7,016
17
2105.607
SUBGRADE EXCAVATION (P)
CY
3,826
18
2105.607
SUBGRADE EXCAVATION FOR ADDITIONAL CORRECTION (EV)
CY
2,000
Packet Page Number 163 of 206
19
2123.601
BID ALLOWANCE - EQUIPMENT RENTAL
LS
1
20
2123.610
STREET SWEEPER (WITH PICKUP BROOM)
HR
50
21
2130.501
WATER FOR DUST CONTROL
MGAL
100
22
2211.501
AGGREGATE BASE CLASS 6
TON
9,500
23
2231.603
BITUMINOUS JOINT SAW AND SEAL
LF
5,000
24
2232.603
MILL AND MATCH BITUMINOUS PAVEMENT -4'
LF
650
25
2350.501
TYPE LV 3 WEARING COURSE MIXTURE (B)
TON
1,700
26
2350.502
TYPE LV 3 NON WEARING COURSE MIXTURE (B)
TON
2,300
27
2350.604
TYPE LV 4 WEARING COURSE MIXTURE (L), 3" (FOR
DRIVEWAYS)
SY
2,000
28
2350.618
CONSTRUCT BITUMINOUS TRAIL - SHERWOOD PARK
SF
15,000
29
2357.502
BITUMINOUS MATERIAL FOR TACK COAT
GAL
900
30
2506.522
ADJUST FRAME AND RING CASTING (SAN)
EA
2
31
2506.522
ADJUST FRAME AND RING CASTING (STORM)
EA
2
32
2506.522
ADJUST FRAME AND RING CASTING (OTHER UTILITY)
EA
5
33
2521.601
RECONSTRUCT CONCRETE STEPS
LS
1
34
2521.618
4" CONCRETE WALK
SF
26,500
35
2531.501
CONCRETE CURB AND GUTTER, DESIGN 8618
LF
10,000
36
2531.602
PEDESTRIAN CURB RAMP
EA
11
37
2531.604
6" CONCRETE DRIVEWAY PAVEMENT, TYPE 3Y32
(RESIDENTIAL)
SY
600
38
2531.604
8" CONCRETE DRIVEWAY PAVEMENT, TYPE 3Y32
(COMMERCIAL)
SY
200
39
2540.602
FURNISH AND INSTALL MAILBOX SUPPORT (SINGLE)
EA
5
40
2540.602
FURNISH AND INSTALL MAILBOX SUPPORT (DOUBLE)
EA
2
41
2563.601
TRAFFIC CONTROL
LS
1
42
2573.502
SILT FENCE, TYPE MACHINE SLICED
LF
8,800
43
2573.530
INLET PROTECTION, TYPE STORM DRAIN
EA
39
44
2573.540
FILTER LOG, TYPE STRAW BIOROLL
LF
30
45
2573.601
TEMPORARY EROSION CONTROL - CONTRACTOR'S PLAN
LS
1
46
2575.505
SODDING, TYPE LAWN
BY
20,000
47
2575.523
EROSION CONTROL BLANKET, CATEGORY 3
SY
2,000
48
2575.535
WATER (FOR SOD)
MGAL
150
49
2575.605
SEEDING, SEED MIXTURE 270 RT
ACRE
1.5
Schedule D Subtotal: $ 933,003.00 1 $ 825,723.90
Schedule: E
Description: PRIVATE DRIVEWAY IMPROVEMENTS
Item No.
Mn /DOT No.
Item Description
Agenda Item M6
Contract
Quantity
Unit Price
$ 4.00
$ 6.50
$ 0.75
$ 9.50
$ 21.00
$ 14.50
$ 14.50
$ 14.50
$ 1.50
$ 12.15
$ 3.00
$
$
$
$
$
$
$
$
$
$
$
Amount
800.00
975.00
7.50
570.00
420.00
725.00
870.00
1,450.00
150.00
2,430.00
600.00
Attachment 3
$ 40,000.00
$
40,000.00
0.82
$
32,783.04
$ 80.00
$
4,000.00
40
$
3,200.00
$ 30.00
$
3,000.00
15
$
450.00
$ 8.75
$
83,125.00
9,110.23
$
79,714.51
$ 1.68
$
8,400.00
3,635
$
6,106.80
$ 5.30
$
3,445.00
350
$
1,855.00
$ 51.40
$
87,380.00
1,552.84
$
79,815.98
$ 49.80
$
114,540.00
2,116.25
$
105,389.25
$ 12.15
$
24,300.00
1,190.66
$
14,466.52
$ 1.45
$
21,750.00
12,136
$
17,597.20
$ 1.50
$
1,350.00
450
$
675.00
$ 800.00
$
1,600.00
3
$
2,400.00
$ 800.00
$
1,600.00
1
$
800.00
$ 1,000.00
$
5,000.00
5
$
5,000.00
$ 250.00
$
250.00
2
$
500.00
$ 2.55
$
67,575.00
22,605
$
57,642.75
$ 8.40
$
84,000.00
9,581
$
80,480.40
$ 450.00
$
4,950.00
26
$
11,700.00
$ 34.50
$
20,700.00
719
$
24,805.50
$ 39.80
$
7,960.00
251
$
9,989.80
$ 100.00
$
500.00
16
$
1,600.00
$ 125.00
$
250.00
3
$
375.00
$ 4,800.00
$
4,800.00
1
$
4,800.00
$ 1.90
$
16,720.00
4,648
$
8,831.20
$ 95.00
$
3,705.00
39
$
3,705.00
$ 8.00
$
240.00
310
$
2,480.00
$ 7,500.00
$
7,500.00
0.5
$
3,750.00
$ 2.65
$
53,000.00
14,232
$
37,714.80
$ 1.15
$
2,300.00
6,385
$
7,342.75
$ 24.00
$
3,600.00
63
$
1,512.00
$ 1,950.00
$
2,925.00
1.13
$
2,203.50
Schedule D Subtotal: $ 933,003.00 1 $ 825,723.90
Schedule: E
Description: PRIVATE DRIVEWAY IMPROVEMENTS
Item No.
Mn /DOT No.
Item Description
Unit
Contract
Quantity
Unit Price
$ 4.00
$ 6.50
$ 0.75
$ 9.50
$ 21.00
$ 14.50
$ 14.50
$ 14.50
$ 1.50
$ 12.15
$ 3.00
$
$
$
$
$
$
$
$
$
$
$
Amount
800.00
975.00
7.50
570.00
420.00
725.00
870.00
1,450.00
150.00
2,430.00
600.00
To -Date
Quantity
200.9
119.88
8.1
20
39
10
56
98.5
80
$
$
$
$
$
$
$
$
$
$
$
To -Date
Amount
803.60'
779.22
6.08
-
420.00'
565.50'',
145.00',
812.00
-
1,196.78
240.00
1
2104.604
REMOVE BITUMINOUS DRIVEWAY PAVEMENT (PRIVATE)
SY
200
2
2104.604
REMOVE CONCRETE DRIVEWAY PAVEMENT (PRIVATE)
SY
150
3
2104.604
REMOVE CONCRETE WALK (PRIVATE)
SY
10
4
2105.607
SELECT GRANULAR BORROW (LV) (FOR PRIVATE DRIVES AND
WALKS)
CY
60
5
2105.607
SELECT TOPSOIL BORROW (LV) (FOR PRIVATE TURF
ESTABLISHMENT)
CY
20
6
2105.607
COMMON EXCAVATION (EV) (FOR PRIVATE DRIVES AND
WALKS)
CY
50
7
2105.607
SUBGRADE EXCAVATION (EV) (FOR PRIVATE DRIVES AND
WALKS)
CY
60
8
2211.609
AGGREGATE BASE CLASS 6 (FOR PRIVATE DRIVES AND
WALKS)
TON
100
9
2231.603
BITUMINOUS DRIVEWAY PAVEMENT CRACK ROUT AND SEAL
(PRIVATE)
LF
100
10
2350.604
TYPE LV 4 WEARING COURSE MIXTURE (L), 3" (PRIVATE)
SY
200
1
11
2356.604
BITUMINOUS SEALCOAT (PRIVATE)
SY
200
Packet Page Number 164 of 206
12 1 2521.618 4" CONCRETE WALK (PRIVATE)
13 1 2531.604 6" CONCRETE DRIVEWAY PAVEMENT. RESIDENTIAL
Schedule: F
Description: RAINWATER GARDENS
SF
90
$ 4.00
BY
150
$ 36.50
SY
200
$ 5.00
UNCLASSIFIED EXCAVATION
Schedule E Subtotal:
2,850
Agenda Item M6
Attachment 3
$ 360.00 72.9 $ 291.60
$ 5,475.00 100.18 $ 3,656.57
$ 1,000.00 $ -
$ 15,832.501 $ 8,916.34
n No.
Mn /DOT No.
I Item Description
Unit
Quantity
Unit Price Amount
$ 7.75 $ 22,087.50
$ 20.00 $ 400.00
$ 11.00 $ 7,425.00
$ 6.75 $ 1,518.75
$ 900.00 $ 4,500.00
$ 1,200.00 $ 4,800.00
$ 28.00 $ 560.00
$ 28.00 $ 18,900.00
$ 3.53 $ 13,943.50
Quantity
2,850
1
2105.607
UNCLASSIFIED EXCAVATION
CY
2,850
2
2105.607
BEDDING MATERIAL FOR STANDARD RAINWATER GARDENS
CY
20
20
3
2105.607
ENGINEERED SOIL FOR CUSTOM RAINWATER GARDENS
CY
675
352
4
2502.541
8" PERFORATED PVC PIPE DRAIN
LF
225
220
5
2571.602
STANDARD RAINWATER GARDEN PREPARATION
EA
5
5
6
2571.602
CUSTOM RAINWATER GARDEN PREPARATION
EA
4
4
7
2571.607
ROCK INFILTRATION SUMP W /TYPE V GEO FABRIC FOR
STANDARD GARDENS
CY
20
9
8
2571.607
ROCK INFILTRATION SUMP W/TYPE V GEO FABRIC FOR
CUSTOM GARDENS
CY
675
630
9
2575.605
MULCH MATERIAL, TYPE 6 (2" DEPTH)
BY
3,950
1,315
Schedule F Subtotal:) $ 74,134.75
Bid Alternate No. 1
Description: HDPE PIPE STORM SEWER
1
2503.541
12" HDPE PIPE STORM SEWER
2
2503.541
15' HDPE PIPE STORM SEWER
3
2503.541
18" HDPE PIPE STORM SEWER
4
2503.541
21" HDPE PIPE STORM SEWER
5
2503.541
24" HDPE PIPE STORM SEWER
Bid Alternate No. 1 Subtotal
Unit
Quantity
Unit Price
$ 44,251.00
LF
2,329
$
19.00
262
LF
586
$
22.00
REMOVE BITUMINOUS PAVEMENT
LF
157
$
26.00
REMOVE CONCRETE PAVEMENT
LF
272
$
27.00
ISAWING BITUMINOUS PAVEMENT FULL -DEPTH
LF
76
$
33.00
Bid Alternate No. 1 Subtotal
$ 71,077.00
Amount
$ 22,087.50
$ 400.00
$ 3,872.00
$ 1,485.00
$ 4,500.00
$ 4,800.00
$ 252.00
$ 17,640.00
$ 4,641.95
$ 59,678.45
To -Date
Amount
$ 40,907.00
$ 7,436.00
$ 6,812.00
$ 2,508.00
Bid Alternate No. 3
Description: FIRE STATION IMPROVEMENTS
$ 57,663.00
Item No.
To -Date
Amount
Quantity
$ 44,251.00
2,153
$ 12,892.00
338
$ 4,082.00
262
$ 7,344.00
0
$ 2,508.00
76
$ 71,077.00
Amount
$ 22,087.50
$ 400.00
$ 3,872.00
$ 1,485.00
$ 4,500.00
$ 4,800.00
$ 252.00
$ 17,640.00
$ 4,641.95
$ 59,678.45
To -Date
Amount
$ 40,907.00
$ 7,436.00
$ 6,812.00
$ 2,508.00
Bid Alternate No. 3
Description: FIRE STATION IMPROVEMENTS
$ 57,663.00
Item No.
Mn /DOT No.
Item Description
Unit
Contract
Quantit
Unit Price Amount
$ 2.00 $
$ 1.70 $
$ 5.50 $
1 $ 2.20 $
$ 6.50 $
$ 6.50 $ -
$ 8.50 $ -
$ 11.00 $ 1,375.00
$ 9.50 $ -
To -Date To -Date
Quantity Amount
$
$
$
$
$
$
$
$
$
1
2104.501
REMOVE CONCRETE CURB
LF
0
2
2104.505
REMOVE BITUMINOUS PAVEMENT
SY
0
3
2104.505
REMOVE CONCRETE PAVEMENT
SY
0
4
2104.513
ISAWING BITUMINOUS PAVEMENT FULL -DEPTH
LF
0
5
2105.501
COMMON EXCAVATION (EV)
CY
0
6
2105.507
SUBGRADE EXCAVATION (EV)
CY
0
7
2105.522
SELECT GRANULAR BORROW
CY
0
8
2105.607
SELECT TOPSOIL BORROW (LV)
CY
125
9
2211.501
AGGREGATE BASE CLASS 6
TON
0
Packet Page Number 165 of 206
Agenda Item M6
Attachment 3
10
2350.501
ITYPE LV 4 WEARING COURSE MIXTURE (L)
11
2350.502
TYPE LV 3 NON WEARING COURSE MIXTURE (B)
12
2357.502
BITUMINOUS MATERIAL FOR TACK COAT
13
2521.618
4" CONCRETE WALK/SWALE
14
2531.501
CONCRETE CURB AND GUTTER, DESIGN 8612
15
2531.602
PEDESTRIAN CURB RAMP
16
2563.601
TRAFFIC CONTROL
17
2573.502
SILT FENCE, TYPE MACHINE SLICED
18
2575.605
SEEDING, SEED MIXTURE 270 RT
19
2575.523
EROSION CONTROL BLANKET, CATEGORY 3
20
2582.501
PAVEMENT MESSAGE (HANDICAPPED SYMBOL) PAINT
21
2582.502
4" SOLID LINE WHITE - PAINT
Bid Alternate No. 3 Subtotal: 1 $ 10,595.001 $ 8,505.00
Schedule CO #1
Description: CHANGE ORDER NO. 1 (TH 36 TRAIL CONNECTION)
Item No.
TON
0
$ 55.00
$ 55.00
$ 1.50
$ 5.00
$ 9.00
$ 450.00
$ 500.00
$ 2.00
$ 5,000.00
$ 2.50
$ 500.00
$ 0.50
$
$
$
$
$
$
$
$
$
$
$
$
-
7,470.00
-
-
1,000.00
750.00
-
144
815
1
$
$
$
$
$
$
$
$
$
$
$
$
-
-
720.00
7,335.00
450.00
-
Quantity
0.85
3
0.85
3
476
247
17,810
3
3
15
40
3
2,045
1
1,000
1,350
2
TON
0
1
GAL
0
AC
SF
0
ENGINEERED SOIL FOR CUSTOM RAINWATER GARDENS
LF
830
5
EA
0
GRUBBING
LS
0
4
LF
0
TREE
ACRE
0.20
EROSION CONTROL BLANKET CATEGORY 3
SY
300
476
EA
0
COMMON BORROW (P) (CV)
LF
0
Bid Alternate No. 3 Subtotal: 1 $ 10,595.001 $ 8,505.00
Schedule CO #1
Description: CHANGE ORDER NO. 1 (TH 36 TRAIL CONNECTION)
Item No.
Mn /DOT No.
Item Description
Unit
Unit
Quantity
Unit Price
$ 1,500.00
$ 200.00
$ 1,000.00
$ 100.00
$ 7.00
$ 8.25
$ 11.00
$ 40.00
$ 1.65
$ 400.00
$ 400.00
$ 65.00
$ 20.00
$ 600.00
$ 15.00
$ 500.00
$ 1.90
$ 1.50
$ 1,370.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Amount
1,275.00
1,000.00
850.00
500.00
3,332.00
2,037.75
1,100.00
400.00
29,700.00
1,200.00
1,200.00
975.00
800.00
1,200.00
19,500.00
500.00
3,800.00
1,125.00
2,740.00
73,234.75
Quantity
0.85
3
0.85
3
476
247
17,810
3
3
15
40
3
2,045
1
1,000
1,350
2
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Amount
1,275.00
600.00
850.00
300.00
3,332.00
2,037.75
-
-
29,386.50
1,200.00
1,200.00
975.00
800.00
1,800.00
30,675.00
500.00
1,900.00
2,025.00
2,740.00
81,596.25
1
UNCLASSIFIED EXCAVATION
CLEARING
AC
0.85
2
ENGINEERED SOIL FOR CUSTOM RAINWATER GARDENS
CLEARING
TREE
5
3
CUSTOM RAINWATER GARDEN PREPARATION (INCLUDES
ROCK AND GEOTEXTILE FABRIC
GRUBBING
AC
0.85
4
MULCH MATERIAL, TYPE 6 (2" DEPTH)
GRUBBING
TREE
5
5
EROSION CONTROL BLANKET CATEGORY 3
COMMON EXCAVATION (P)
CY
476
6
COMMON BORROW (P) (CV)
CY
247
7
SELECT TOPSOIL BORROW (LV)
CY
100
8
ENGINEERED SOIL FOR ROCK DITCH CHECK
CY
10
9
CONNECTION
SF
18,000
10
ADJUST FRAME AND RING CASTING (SANITARY)
EA
3
11
CASTING ASSEMBLY R- 16780 -A FOR EXISTING SAN.
STRUCTURE
EA
3
12
RANDOM RIPRAP CLASS III
CY
15
13
CONCRETE CURB AND GUTTER, DESIGN B618
LF
40
14
PEDESTRIAN CURB RAMP
EA
2
15
CHAIN LINK FENCE
LF
1,300
16
TRAFFIC CONTROL
LS
1
17
SILT FENCE, TYPE MACHINE SLICED
LF
2,000
18
EROSION CONTROL BLANKET, CATEGORY 3
SY
750
19
SEEDING, SEED MIXTURE 250 GR
AC
2
Schedule
CO
#1 Subtotal:
Schedule CO #2
Description: CHANGE ORDER NO. 2 (WAKEFIELD PARK RAIN GARDEN)
Item No.
Mn /DOT No.
Item Description
Unit
Contract
Quantity
Unit Price
$ 20.00
$ 20.00
$ 3,900.00
$ 5.00
$ 5.00
$
$
$
$
$
Amount
4,000.00
2,500.00
3,900.00
1, 000.001
1,750.00
To -Date
Quantity
240
150
1
106.6
480
$
$
$
$
$
To -Date
Amount
4,800.00
3,000.00
3,900.00
533.001
2,400.00',
1
UNCLASSIFIED EXCAVATION
CY
200
2
ENGINEERED SOIL FOR CUSTOM RAINWATER GARDENS
CY
125
3
CUSTOM RAINWATER GARDEN PREPARATION (INCLUDES
ROCK AND GEOTEXTILE FABRIC
EA
1
4
MULCH MATERIAL, TYPE 6 (2" DEPTH)
SY
200
5
EROSION CONTROL BLANKET CATEGORY 3
SY
350
Packet Page Number 166 of 206
Agenda Item M6
Attachment 3
LF 30 $ 10.00 $ 300.00 20 $ 200.00
Schedule CO #2 Subtotal: $ 13,450.00 $ 14,833.00
BID SUMMARY
Contract:
07 -25
Owner:
City of Maplewood
Contractor:
Tower Asphalt
Project:
Hazelwood Street Improvements
Schedule
Description
Amount
Amount
A
Sanitary Sewer Improvements
$
27,030.00
$
29,599.60
B
Watermain Improvements
$
8,000.00
$
7,826.60
C
Storm Sewer Improvements
$
101,624.00
$
120,948.00
D
Roadway Improvements
$
933,003.00
$
825,723.90
E
Private Driveway Improvements
$
15,832.50
$
8,916.34
F
Rainwater Gardens
$
74,134.75
$
59,678.45
Total Base Bid Amount:) $ 1,159,624.25 ( $ 1,052,692.89
Bid
Alternate
Description
1
HDPE Pipe Storm Sewer
$
71,077.00
$
57,663.00
2
NOT AWARDED
-
-
3
Fire Station Improvements
$
10,595.00
$
8,505.00
CO #1
Change Order #1 (TH 36 Trail Connection)
$
73,234.75
$
81,596.25
CO #2
Change Order #2 (Wakefield Park Rain Garden)
$
13,450.00
$
14,833.00
Total Bid Amount $ 1,327,981.00 $ 1,215,290.14
Packet Page Number 167 of 206
Agenda Item M7
AGENDA REPORT
TO: James Antonen, City Manager
FROM: Michael Thompson, Dep. Public Works Director /City Engineer
SUBJECT: Approval of Mn /DOT Agency Agreement
DATE: November 3, 2009
INTRODUCTION
The city council will consider adopting a resolution approving an agency contracting process agreement
with Mn /DOT.
DISCUSSION
This is a standard agreement that 87 counties and overall 80 municipalities enter into with Mn /DOT.
The agreement covers all federally funded projects that the City of Maplewood is awarded funds for
including those listed in the State Transportation Improvement Program.
Upon approval of the agreement Mn /DOT is authorized to act as the City's agent in accepting federal
aid in connection with such projects.
BUDGET
There is no cost to enter the agreement.
RECOMMENDATION
It is recommended that the council adopt the attached resolution approving Mn /DOT Agency
Agreement No. 95463.
Attachments:
1. Resolution
2. Agreement
Packet Page Number 168 of 206
Agenda Item M7
Attachment 1
RESOLUTION
APPROVING MN/DOT AGENCY AGREEMENT
BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of
Transportation be appointed as Agent of the City of Maplewood to accept as its agent, federal
aid funds which may be made available for eligible transportation related projects.
BE IT FURTHER RESOLVED, the Mayor and the City Manager are hereby authorized
and directed for and on behalf of the City to execute and enter into an agreement with the
Commissioner of Transportation prescribing the terms and conditions of said federal aid
participation as set forth and contained in "Minnesota Department of Transportation Agency
Agreement No. 95463, a copy of which said agreement was before the City Council and which
is made a part hereof by reference.
STATE OF MINNESOTA
COUNTY OF RAMSEY
I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution
presented to and adopted by the City of Maplewood at a duly authorized meeting thereof held
on the 23 day of November, 2009, as shown by the minutes of said meeting in my
possession.
City Clerk
Notary Public
My Commission expires
(SEAL)
Packet Page Number 169 of 206
Agenda Item M7
Attachment 2
Mn /DOT Agreement No. 95463
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
AND
CITY OF MAPLEWOOD
FOR FEDERAL PARTICIPATION IN CONSTRUCTION
. This agreement is entered into by and between the City of Maplewood ( "City ") and the State
of Minnesota acting through its Commissioner of Transportation ( "Mn /DOT "),
Pursuant to Minnesota Statutes Section 161.36, the City desires Mn /DOT to act as the City's
agent in accepting federal funds on the' City's behalf for the construction, improvement, or
enhancement of transportation financed either in whole or in part by federal funds, hereinafter
referred to as the "Project(s) ", and
Mn/DOT requires that the terms and conditions of this agency be set forth in an agreement.
THE PARTIES AGREE AS FOLLOWS:
I. 1 DUTIES OF THE CITY
A. DESIGNATION. The City designates Mn/DOT to act as its agent in accepting
federal funds in its behalf made available for the Project(s).
1. The City will furnish and assign a publicly employed licensed engineer, ( "Project
Engineer "), to be in responsible charge of the Project(s) and to supervise and
direct the work to be performed under any construction contract let for the
Project(s). In the alternative where the City elects to use a private consultant for
construction engineering services, the City will provide a qualified, fill -time
public employee of the City, to be in responsible charge of the Project(s). The
services of the City to be 'performed hereunder may not be assigned, sublet, or
transferred unless the City is notified in writing by Mn /DOT that such action is
permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written
consent will in no way relieve the City from its primary responsibility for
performance of the work.
2. During the progress of the work on the Project(s), the City authorizes its Project
Engineer to request in writing specific engineering and/or technical services from
Pack9" 'E- 1 M POO W2� D6
Page I
Agenda Item M7
Attachment 2
Mn /DOT, pursuant to Minnesota Statutes Section 161.39. Such services may be
covered by other technical service agreements. If Mn/DOT furnishes the services
requested, and if Mn /DOT requests reimbursement, then the City will promptly
pay Mn /DOT to reimburse the state- trunk highway fund for the full cost and
expense of furnishing such services. The costs and expenses will include the
current Mn/DOT labor additives and overhead rates, subject to adjustment based
on actual direct costs that have been verified by audit. Provision of such services
will not be deemed to make Mn/DOT a principal or co- principal with respect to
the Project(s).
C. LETTING. The City will prepare construction contracts in accordance with
Minnesota law and applicable Federal laws and regulations.
1. The City will solicit bids after obtaining written notification from Mn/DOT that
the Federal Highway Administration ( "FHWA ") has authorized the Project(s).
Any Project(s) advertised, prior to authorization will not be eligible for federal
reimbursement.
2. The City will prepare the Proposal for Highway Construction for the construction
contract, which will include all of the federal -aid provisions supplied by
Mn/DOT.
3. The City will prepare and publish - the bid solicitation for the Project(s) as
required by state and federal laws. The City will include in the solicitation the
required language for federal -aid construction contracts as supplied by Mn/DOT.
The solicitation will state where the proposals, plans, and specifications are
available for the inspection of prospective bidders, and where the City will
receive the sealed bids.
4. The City may not include other work in the construction contract for the
authorized Project(s) without obtaining prior notification from Mn/DOT that such
work is allowed by FHWA. Failure to obtain such notification may result in the
loss of some or all of the federal funds for the Project(s).
S. The City will prepare and sell the plan and proposal packages and prepare and
distribute any addendums, if needed.
6. The City will receive and open bids.
7. After the bids are opened, the City Council will consider the bids and will award
the bid to the lowest responsible bidder, or reject all bids. If the construction
contract contains a goal for Disadvantaged Business Enterprises, the City will not
award the bid until it has received certification of the Disadvantaged Business
Enterprise participation from the Mn/DOT Equal Employment Opportunity
Office.
PaciLAti W Wviw �r1 `b 66
Page 2
Agenda Item M7
Attachment 2
D. CONTRACT ADMINISTRATION.
1. The City will prepare and execute a construction contract with the lowest
responsible bidder, hereinafter referred to as the "Contractor," in accordance with
the special provisions and the latest edition of Mn/DOT's Standard Specifications
for Construction and all amendments thereto.
2. The Project(s) will be constructed in accordance with plans, special provisions,
and standard specifications of each Project. The standard specifications will be
the latest edition of Mn/DOT Standard Specifications for Highway Construction,
and all amendments thereto. The plans, special provisions, and standard
specifications will be on file at the City Engineer's Office. The plans, special
provisions, and specifications are incorporated into this agreement by reference
as though fully set forth herein.
3. The City will furnish the personnel, services, supplies, and equipment necessary
to properly supervise, inspect, and document the work for the Project(s). The
services of the City to be performed ,hereunder may not be assigned, sublet, or
transferred unless the City is notified in writing by Mn /DOT that such action is
permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written
consent will in no way relieve the City from its primary responsibility for
performance of the work.
4. The City will document quantities in accordance with the guidelines set forth in
the Mn/DOT Contract Administration Manual Sections 410 and 420 that were in
effect at the time the work was performed.
5. The City will test materials in accordance with the Mn/DOT Schedule of
Materials Control in effect at the time each Project was let. The City will notify
Mn /DOT when work is in progress on the Project(s) that requires observation by
the Independent Assurance Inspector as required by the Independent Assurance
Schedule.
6. The City may make changes in the plans or the character of the work, as may be
necessary to complete the Project(s), and may enter into supplemental
agreement(s) with the Contractor. The City will not be reimbursed for any costs
of any work performed under a supplemental agreement unless Mn/DOT has
notified the City that the subject work is eligible for federal funds and sufficient
federal funds are available.
7. The City will request approval from Mn/DOT for all costs in excess of the
amount of federal funds previously approved for the Project(s) prior to incurring
such costs. Failure to obtain such approval may result in such costs being
disallowed for reimbursement.
8. The City will prepare reports, keep records, and perform work so as to enable
Mn /DOT to collect the federal aid sought by the City. Required reports are listed
PaclfWR keri W29JF2 6
Page 3
Agenda Item M7
Attachment 2
in the Mn /DOT State Aid Manual, Delegated Contract Process Checklist,
available from Mn /DOT's authorized representative. The City will retain all
records and reports in accordance with Mn/DOT's record retention schedule for
federal aid projects.
9. Upon completion of the Project(s), the Project Engineer will determine whether
the work will be accepted.
E. PAYMENTS.
1. The entire cost of the Project(s) is to be paid from federal funds made available
by the FHWA and by other funds provided by the City. The City will pay any
part of the cost or expense of the Project(s) that is not paid by federal funds.
2. The City will prepare partial estimates in accordance with the terms_ of the
construction contract for the Project(s). The Project Engineer will certify each
partial estimate. Following certification of the partial estimate, the City will make
partial payments to the Contractor in accordance with the terms of the
construction contract for the Project(s).
3. Following certification of the partial estimate, the City may request
reimbursement for costs eligible for federal funds. The City's request will be
made to Mn /DOT and will include a copy of the certified partial estimate.
4. Upon completion of the Project(s), the City will prepare a final estimate in
accordance with the terms of the construction contract for the Project(s). The
Project Engineer will certify the final estimate. Following certification of the final
estimate, the City will make the final payment to the Contractor in accordance
with the terms of the construction contract for the Project(s).
5. Following certification of the final estimate, the City may request reimbursement
for costs eligible for federal funds. The City's request will be made to Mn/DOT
and will include a copy of the certified final estimate along with the required
records.
F. LIMITATIONS.
1. The City will comply with all applicable Federal, State, and local laws,
ordinances, and regulations.
2. Nondiscrimination. It is the policy of the Federal Highway Administration and
the State of Minnesota that no person in the United States will, on the grounds of
race, color, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of
the mandate for nondiscrimination in Title VI and through parallel legislation, the
proscribed bases of discrimination include race, color, sex, national origin, age,
PacM' W bo VP3 �61
Page 4
Agenda Item M7
Attachment 2
and disability. In addition, the Title VI program has been extended to cover all
programs, activities and services of an entity receiving Federal financial
assistance, whether such programs and activities are Federally assisted or not.
Even in the absence of prior discriminatory practice or usage, a recipient in
administering a program or activity to which this part applies, is expected to take
affirmative action to assure that no person is excluded from participation in, or is
denied the benefits of, the program or activity on the grounds of race, color,
national origin, sex, age, or disability. It is the responsibility of the City to carry
out the above requirements.
3. Workers' Compensation. Any and all employees of the City or other persons
while engaged in the performance of any work or services required or permitted
by the City under this agreement will not be considered employees of Mn /DOT,
and any and all claims that may arise under the Workers' Compensation Act of
Minnesota on behalf of said employees, or other persons while so engaged, will
in no way be the obligation or responsibility of Mn/DOT. The City will require
proof of Workers' Compensation Insurance from any contractor and sub-
contractor.
4. Utilities. The City will treat all public, private or cooperatively owned utility
facilities which directly or, indirectly serve the public and which occupy highway
rights of way in conformance with 23'CFR 645 "Utilities" which is incorporated
herein by reference.
G. AUDIT.
1. The City will comply with the Single Audit Act of 1984 and Office of
Management and Budget (OMB) circular A -133, which are incorporated herein
by reference.
2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books,
records, documents, and accounting procedures and practices of the City are
subject to examination by the United States Government, Mn/DOT, and either
the Legislative Auditor or the State Auditor as appropriate, for a minimum of
seven years. The City will be responsible for any costs associated with the
performance of the audit.
H. MAINTENANCE. The City assumes full responsibility for the operation and
maintenance of any facility constructed or improved under this Agreement.
I. CLAIMS. The City acknowledges that Mn/DOT is acting only as the City's agent for
acceptance and disbursement of federal funds, and not as a principal or co- principal
with respect to the Project. The City will pay any and all lawful claims arising out of
or incidental to the Project including, without limitation, claims related to contractor
selection (including the solicitation, evaluation, and acceptance or rejection of bids or
proposals), acts or omissions in performing the Project work, and any ultra vires acts.
The City will indemnify, defend (to the extent permitted by the Minnesota Attorney
PacKWf%1- 1MV �74WM6
Page 5
Agenda Item M7
Attachment 2
General), and hold Mn /DOT harmless from any claims or costs arising out of or
incidental to the Project(s), including reasonable attorney fees incurred by Mn/DOT.
The City's indemnification obligation extends to any actions related to the
certification of DBE participation, even if such actions are recommended by Mn /DOT.
II. DUTIES OF Mn /DOT.
A. ACCEPTANCE. Mn /DOT accepts designation as Agent of the City for the receipt
and disbursement of federal funds and will act in accordance herewith.
B. PROJECT ACTIVITIES.
Mn /DOT will make the necessary requests to the FHWA for authorization to use
federal funds for the Project(s), and for reimbursement of eligible costs pursuant
to the terms of this agreement.
2. Mn /DOT will provide to the City copies of the required Federal -aid clauses to be
included in the bid solicitation and will provide the required Federal -aid
provisions to be included in the Proposal for Highway Construction.
3. Mn /DOT will review and certify the DBE participation and notify the City when
certification is complete. If certification of DBE participation (or good faith
efforts to achieve such participation) cannot be obtained, then City must decide
whether to proceed with awarding the contract. Failure to obtain such
certification will result in the project becoming ineligible for federal assistance,
and the City must make up any shortfall.
4. Mn /DOT will provide the required labor postings.
C. PAYMENTS.
1. Mn /DOT will receive the federal funds to be paid by the FHWA for the
Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2.
2. Mn/DOT will reimburse the City, from said federal funds made available to each
Project, for each partial payment request, subject to the availability and limits of
those funds.
3. Upon completion of the Project(s), Mn /DOT will perform a final inspection and
verify the federal and state eligibility of all the payment requests. If the Project is
found to have been completed in accordance with the plans and specifications,
Mn /DOT will promptly release any remaining federal funds due the City for the
Project(s).
4. In the event Mn /DOT does not obtain funding from the Minnesota Legislature or
other funding source, or funding cannot be continued at a sufficient level to allow
for the processing of the federal aid reimbursement requests, the City may
continue the work with local funds only, until such time as Mn/DOT is able to
Packbt `& Wt W5 bT4P&6
Page 6
Agenda Item M7
Attachment 2
process the federal aid reimbursement requests.
D. AUTHORITY. Mn /DOT may withhold federal funds, where Mn/DOT or the FHWA
determines that the Project(s) was not completed in compliance with federal
requirements.
E. INSPECTION. Mn /DOT, the FHWA, or duly authorized representatives of the state
and federal government will have the right to audit, evaluate and monitor the work
performed under this agreement. The City will make available all books, records, and
documents pertaining to the work hereunder, for a minimum of seven years following
the closing of the construction contract.
III. TORT LIABILITY. Each party is responsible for its own acts and omissions and the results
thereof to the extent authorized by law and will not be responsible for the acts and omissions
of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes
Section 3.736, governs Mn/DOT liability.
W. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this
agreement without prior written approval of the other party.
V. AMENDMENTS. Any amendments /supplements to this Agreement will be in writing and
executed by the same parties who executed the original agreement, or their successors in
office.
VI: AGREEMENT EFFECTIVE DATE. This agreement is effective upon execution by the
appropriate State officials pursuant to Minnesota Statutes Section 16C.05.
VII. CANCELLATION. This agreement may be canceled by the City or Mn /DOT at any time,
with or without cause, upon ninety (90) days written notice to the other party. Such
termination will not remove any unfulfilled financial obligations of the City as set forth in
this Agreement. h1 the event of such a cancellation the City will be entitled to reimbursement
for Mn /DOT - approved federally eligible expenses incurred for work satisfactorily performed
on the Project to the date of cancellation subject to the terms of this agreement.
VIII. DATA PRACTICES ACT. The parties will comply with the provisions of the Minnesota
Government Data Practices Act ( Minnesota Statutes chapter 13) as it applies to all data
gathered, collected, created, or disseminated related to this Agreement.
Packk�h +MgflN it PM W2W
Page 7
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby.
1. CITY
City certifies that the appropriate on(s)
have executed the contract on b of the City as required
by applica icllejs,, bnylaws, olutions or ordinances
By: W` <
NJ -
Title:
Date: (� O 1
Date: a — / - of
r
2. DEPARTMENT OF TRpAnNSPORTATION
By:0. �1VV�n0 nn
Title: Director,
State Aid for Local Transportation
Date: 1A1 10 9
3. COMMISSIONER OF ADMINISTRATION
By:
Date:
(Mn/DOT Agreement No. 95463)
Page 8
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood,
Minnesota, was duly called and held in the Council Chambers of said City on the 23rd of November
2009, at 6:30 P.M.
The following members were present:
Diana Longrie, Mayor
Absent
Erik Hjelle, Councilmember
Absent
Kathleen Juenemann, Acting Mayor
Present
John Nephew, Councilmember
Present
Will Rossbach, Councilmember
Present
7. Approval Of Mn/DOT Agency Agreement
Councilmember Nephew moved to approve the MN/DOT agency agreement.
RESOLUTION 09-11-306
APPROVING MN/DOT AGENCY AGREEMENT
BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of
Transportation be appointed as Agent of the City of Maplewood to accept as its agent, federal
aid funds which may be made available for eligible transportation related projects.
BE IT FURTHER RESOLVED, the Mayor and the City Manager are hereby authorized
and directed for and on behalf of the City to execute and enter into an agreement with the
Commissioner of Transportation prescribing the terms and conditions of said federal aid
participation as set forth and contained in "Minnesota Department of Transportation Agency
agreement No. 95463, a copy of which said agreement was before the City Council and which
is made a part hereof by reference.
STATE OF MINNESOTA
COUNTY OF RAMSEY
I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution
presented to and adopted by the City of Maplewood at a duly authorized meeting thereof held
on the 23rd day of November, 2009, as shown by the minutes of said meeting in my
possession.
City CI rk
Seconded by Councilmember Rossbach. Ayes — All
The motion passed.
STATE OF MINNESOTA )
COUNTY OF RAMSEY ) SS
CITY OF MAPLEWOOD )
I, the undersigned, being the duly qualified and appointed Clerk of the City of Maplewood, Minnesota,
DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes of a regular
meeting of the City of Maplewood, held on the 23rd day of November 2009, with the original on file in
my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to
the Resolution for MnDOT Agreement.
WITNESS my hand this 16th day of December 2009.
Karen G Ifoile - City C!e
City of Maplewood, Minn ota
Agenda Item M7
Attachment 2
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby.
1. CITY
City certifies that the appropriate person(s)
have executed the contract on behalf of the City as required
by applicable articles, bylaws, resolutions or ordinances
2. DEPARTMENT OF TRANSPORTATION
By:
By:
Title:
By:
Title: Director
State Aid for Local Transportation
Date:
3. COMMISSIONER OF ADMINISTRATION
By:
Pack4trF Nwflb W 4"P7 b1
Page 8
Agenda Item M8
AGENDA REPORT
TO: James Antonen, City Manager
FROM: Michael Thompson, City Engineer/ Deputy Public Works Director
SUBJECT: Lift Station No.17 Upgrades, Project 08 -03, Resolution Approving Final
Payment and Acceptance of Project (Includes Change Order No. 1)
DATE: November 5, 2009
INTRODUCTION
The contractor, Lametti & Sons, Inc, has completed the lift station improvements. The city council will
consider approving the attached resolution for acceptance of the project and approving final payment to
the contractor, which includes approval of Change Order No. 1.
BACKGROUND
On May 15, 2008, the council awarded a construction contract to Lametti & Sons in the amount of
$130,332.45 to improve the lift station pumps, guide rails, and valve vault.
Change Order No.1 is needed for: 1) Electrical service improvement 2) Valve vault measurement 3)
Bituminous curb and trail 4) Removals and restoration; for a total of $8,129.50.
The final earned amount including the change order is $138,461.93. This project was approved using
an allocation from the Sanitary Sewer Fund for annual lift station refurbishment. The total project cost
is $165,712.60.
RECOMMENDATION
It is recommended that the city council approve the attached resolution for Lift Station No. 17
Upgrades, City Project 08 -03: Approving Final Payment and Acceptance of Project Including Approval
of Change Order No. 1.
Attachments:
1. Resolution
2. change Order No. 1
3. Final Payment Application
Packet Page Number 178 of 206
Agenda Item M8
Attachment 1
RESOLUTION
APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT
LIFT STATION NO. 17 - CITY PROJECT 08 -03
(INCLUDES CHANGE ORDER NO. 1)
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 08 -03, Lift Station No.17 Upgrades, and has let a construction contract
pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and designated as
Improvement Project 08 -03, Change Order No. 1, and
WHEREAS, the City Engineer for the City of Maplewood has determined that the Lift Station No.
17 Upgrades, City Project 08 -03, is complete and recommends acceptance of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that
The mayor and city engineer are hereby authorized and directed to modify the
existing contract by executing said Change Order No. 1 in the amount of $8,129.50.
The revised contract, and earned amount, by the contractor is $138,461.93.
2. City Project 008 -03 is complete and maintenance of these improvements is accepted
by the City; and the final construction cost is $138,461.93. Final payment to Lametti &
Sons, Inc., and the release of any retainage or escrow is hereby authorized.
3. The finance director is hereby authorized to close the project fund 596 upon making
the necessary transfer of $165,712.60 to cover total project cost funded by the
Sanitary Sewer Fund.
Approved this 23` day of November 2009
Packet Page Number 179 of 206
0
October 28, 2009
Mr. Michael Thompson
Maplewood Public Works
1902 County Road B East
Maplewood, MN 55109
Dear Mr. Thompson:
RE: Maplewood, Minnesota
Lift Station 17 Rehabilitation
SEH No. A -MAPLE 102354
City Project # 08 -03
Agenda Item M8
Attachment 2
Submitted for your review is Change Order No. 1 for the Lift Station 17 Rehabilitation project. An explanation
of the needs and associated costs for this change order is as follows:
item: Electrical Service Improvement
The plan required the reuse of an existing wood pole. It was determined that removing the pole and installing
an underground electrical service in 2' conduit was in the best interest for the sewer utility for the long term.
The cost of this work is $3,500.00.
Item: Contractor Shut Down for Valve Vault Measurement
Contractor was shut down for 4 hours while measurements were taken to verify piping clearances in the valve
vault and to verify pump clearance in the wet well. The cost of this work is 1,251.00.
Item: Bituminous Curb and Bituminous Trail
Additional bituminous trail and curb was installed to improve an existing failed section of trail.
The cost of this work is $2,328.50.
Item: Remove Existing Class 5 Gravel and Install Topsoil, Seed, and Blanket
To clean up the area around the lift station and to establish vegetation, the contractor was instructed to remove
t
existing gravel around the wet well and valve vault and replace it with topsoil, seed, and blanket. The cost for
this work is $1,050.00.
The final paper work including IC134's and the Consent of Surety to final payment are being sent in the mail
from the contractor to SEH. Please hold the check until you receive these documents from SEH.
Please don't hesitate to contact me with any questions or comments. Thank you
Sincerely,
Steven F. Heth, PE
Project Manager, Associate
Enclosures
c: Jeff Thene, SEH
Short Elliott Hendrickson lase., 3535 Vadnais Center Drive, St. Paul MWa e Number 180 of 206
SEH is an equal opportunity employer I www.sehinc.com 1 651.490.2000 1 800.325.2055 1 651.490.2150 fax
SEH CHANGE O
City of Maplewood, MN
OWNER
08 -03
Agenda Item M8
Attachment 2
October 28, 2009
DATE
OWNER'S PROJECT NO,
Lift Station 17 Rehabilitation
PROJECT DESCRIPTION
CHANGE ORDER NO,
AMAPLE 102354
SEH FILE NO.
The following changes shall be made to the contract documents:
Description:
1. Install under electrical service. Cost is $3,500.00
2. Verification of valve vault piping and pump clearance measurements. Cost is $1,251.00
3. Add additional bituminous curb and bituminous trail. Cost is $2,328.50
4. Removed existing gravel and installed topsoil, seed, and blanket. Cost is $1,050.00
Purpose of Change Order:
To compensate contractor in full for all labor and materials used.
Basis of Cost: ® Actual
Contract Status
Original Contract
Net Change Prior C.O.'s _ to _
Revised Contract
❑ Estimated
Tiine
N/A
N/A
Cost
$130,332.45
N/A
$130,332.45
Change this C.O. N/A $8,129.50
Revised Contract '138 ,461.95
Recommended for Approval: Short Elliott Hendrickson I nc. by
Steve Heth, Project Manager
Agreed to by Contractor:
BY Lamettrand s, Inc
f J c. C_
TITLE
Distribution Contractcr 2 Owner 1
sfvko�awmaple I -penl nfpwhnnge order I.doc
Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110 -5196
SEH is an equal opportunity employer I www.seiiinc.com j 651.490.2000 1 800.325.2055 i 651.490.2150 fax
Approved for Owner:
BY City of Maplewood, MN
TITLE
Project Representative 1 SEH Office 1
1,04
Packet Page Number 181 of 206
0
November 3, 2009
Mr. Michael Thompson
City of Maplewood
1830 E. County Rd. B
Maplewood, MN 55109 -2702
Dear Mr. Thompson:
Agenda Item M8
Attachment 3
RE: Lift Station No. 17 Rehabilitation
City of Maplewood
City Project No. 08 -03
SEH No. A- MAPLE0810.00
Please find enclosed Application for Payment No. 3 (Final) for the Lift Station No. 17 Rehabilitation
project, together with the following documentation:
- Consent of the surety to final payment
We have reviewed the Application for Payment, and recommend payment to Lametti & Sons, Inc. in the
amount of $29,497.76. This represents 100% completion of the work. We are still waiting to receive the
IC 134 forms. Please hold the check until these are submitted to the City.
The 1 -year warranty period will commence with the final payment for this project. To ensure that any
needed corrections are addressed during this warranty period, a final inspection of the project will be
made prior to warranty expiration and the findings reported to the City.
Please don't hesitate to contact me with any questions or comments. Thank you
Sincerely,
/` 1�d
Steven F. Heth, PE, PE
Project Manager
ah
Enclosure
c: Lametti & Sons, Ina
S: �KO` \Maples 102354 \7 -caV 1- uenr FP ,aii) ii l_cty civil jo bsdoc ,
Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, i 06 &8POta 'Oe Number 182 of 206
SEH is an equal opportunity employer I www.sehinc.com 1 651.490.2000 1 800.325.2055 1 651.490.2150 fax
�j Application for Payment
(Unit Price Contract)
SEH No. FINAL
Agenda Item M8
Attachment 3
Eng. Project No.: A -MAPLE 102354 Client No.: 08 -03 Location: City of Maplewood
Contractor Lametti & Sons, Inc.
16028 Forest Blvd. N
Contract Date May 22, 2008
Hugo, MN 55038 Contract Amount $ 130,332.45
Contract for Lift Station No. 17 Rehabilitatio
Application Date 1/14/09 For Period Ending 1/14/09
Item No. Item Unit Q Est. uantity Date Quantity to Unit Price Total Price
1 MOBILIZATION
2 REMOVE CURB AND GUTTER
3 REMOVE FORCEMAIN PIPE
4 SAWCUT BITUMINOUS (FULL DEPTH)
5 REMOVE BITUMINOUS PAVEMENT
6 SELECT GRANULAR BORROW (PV)
7 AGGREGATE BASE CLASS 5, 100%
CRUSHED (CV)
8 CONNECT TO EXISTING FORCEMAIN
9 6 -INCH DIP FORCEMAIN
10 LIFT STATION REHABILITATION
I 1 FURNISH AND INSTALL VALVE VAULT
12 TEMPORARY SANITARY SEWAGE
PUMPING
13 DEWATERING
14 MUCK EXCAVATION
15 INLET PROTECTION
16 CONCRETE C &G B618
17
LS
LF
LF
LF
SY
CY
TON
EACH
LF
LS
LS
LS
LS
CY
EACH
LF
TYPE LV 3 WEARING COURSE MIXTURE TON
18
TYPE LV 4 WEARING COURSE MIXTURE TON
19 SODDING, TYPE LAWN SY
'total Contract Amount
Short Elliott Hendrickson Inc.
1
1
$5,795.00
$5,795.00
45
73
$6.55
$478.15
54
54
S13.10
$707.40
75
117
$3.95
$462.15
192
199
$6.50
$1,293.50
427
456
$20.90
$9,530.40
76
32.31
528.00
$904.68
1
1
$2,110.00
$2,110.00
33
33
$139.85
$4,615.05
1
1
$70,235.00
$70,235.00
1
1
59,835.00
$9,835.00
1
1
59,955.00
$9,955.00
1
1
$100.00
$100.00
427
456
$13.10
$5,973.60
2
2
$585.00
$1,170.00
45
0
535.00
19
5.6
$125.00
$700.00
18
42.74
$125.00
$5,342.50
225
225
$5.00
$1,125.00
$130,332.43
Page 1 of 2
Packet Page Number 183 of 206
Agenda Item M8
Attachment 3
$ 130,332.43
8,129.50
$ 138,461.93
$ 0.00
$ 138,461.93
$ 108,964.17
$ 29,497.76
CONTRACTOR'S AFFIDAVIT
The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received fi the Owner
on account of work performed under the Contract referred to above have been applied by the undersigned to discharge in full all
obligations of the undersigned incurred in connection with work covered by prior Applications for Payment under said
contract, Lift Station No. 17 Rehabilitation, City of Maplewood, and (2) all material and equipment incorporated in said Project or
otherwise listed in or covered by this Application for Payment and free and clear of all liens, claims, security interests and
encumbrances.
Date / J _ 1
COUNTY OF
STATE OF t ) SS
By / �!° T c
(Name and Title)
Before me on this . day of 2CTJ , personally appeared MO A-
known to be, who being duly sworn did depose and say that he
is the (office) of the Contractor above mentioned that he executed the above Application for
Payment and Affidavit on behalf of statements contained therein are true, correct and complete.
1
BRENDA SAU-ERVVEIN
z t �U L C- fA,'�NCS _Jf,4
My Commission expires s i NOTARY � � c
'MY GONihiisSloN EXPIRES 1 -31 -2010
(Notary Public)
The undersigned has checked the Contractor's Application for Payment shown above. A part of this Application is the Contractor's
Affidavit stating that all previous payments to him under this contract have been applied by him to discharge in full all of his
obligations in connecting with the work by all prior Applications for Payment.
In accordance with the Contract, the undersigned recommends approval of payment to the Contractor for the Amount due.
Short Elliott Hendrickson Inc.
Date
City of Maplewood, Minnesota
Lametti & Sons, Inc.
(Contractor)
, 20
LIM
Date
Page 2 of 2
Packet Page Number 184 of 206
Application for Payment (continued)
Total Contract Amount
$ 130,332.45
Total Amount Earned
Material Suitably Stored on Site, Not
Incorporated into Work
Contract Change Order No.
1
Percent Complete 100
Contract Change Order No.
Percent Complete
Contract Change Order No.
Percent Complete
Less Previous Applications:
GROSS AMOUNT DUE
AFP No. 1: 87,993.17
AFP No. 6:
LESS 0 % RETAINAGE
AFP No. 2: 20,971.00
AFP No. 7:
AMOUNT DUE TO DATE
AFP No. 3:
AFP No. 8:
LESS PREVIOUS APPLICATIONS
AFP No. 4:
AFP No. 9:
AMOUNT DUE THIS APPLICATION
APP No. 5.
Agenda Item M8
Attachment 3
$ 130,332.43
8,129.50
$ 138,461.93
$ 0.00
$ 138,461.93
$ 108,964.17
$ 29,497.76
CONTRACTOR'S AFFIDAVIT
The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received fi the Owner
on account of work performed under the Contract referred to above have been applied by the undersigned to discharge in full all
obligations of the undersigned incurred in connection with work covered by prior Applications for Payment under said
contract, Lift Station No. 17 Rehabilitation, City of Maplewood, and (2) all material and equipment incorporated in said Project or
otherwise listed in or covered by this Application for Payment and free and clear of all liens, claims, security interests and
encumbrances.
Date / J _ 1
COUNTY OF
STATE OF t ) SS
By / �!° T c
(Name and Title)
Before me on this . day of 2CTJ , personally appeared MO A-
known to be, who being duly sworn did depose and say that he
is the (office) of the Contractor above mentioned that he executed the above Application for
Payment and Affidavit on behalf of statements contained therein are true, correct and complete.
1
BRENDA SAU-ERVVEIN
z t �U L C- fA,'�NCS _Jf,4
My Commission expires s i NOTARY � � c
'MY GONihiisSloN EXPIRES 1 -31 -2010
(Notary Public)
The undersigned has checked the Contractor's Application for Payment shown above. A part of this Application is the Contractor's
Affidavit stating that all previous payments to him under this contract have been applied by him to discharge in full all of his
obligations in connecting with the work by all prior Applications for Payment.
In accordance with the Contract, the undersigned recommends approval of payment to the Contractor for the Amount due.
Short Elliott Hendrickson Inc.
Date
City of Maplewood, Minnesota
Lametti & Sons, Inc.
(Contractor)
, 20
LIM
Date
Page 2 of 2
Packet Page Number 184 of 206
Agenda Item M9
MEMORANDUM
TO: James Antonen, City Manager
FROM: Tom Ekstrand, Senior Planner
SUBJECT: Tax Forfeitures — Resolution for Six -Month Extension to
Consider Property Purchase or Use Deed
LOCATION: Legacy Village Tot Lot Parcel and Rain Garden Parcel on
Clarence Street and Ripley Avenue
DATE: November 13, 2009
INTRODUCTION
Kristine Kujala, of the Tax - Forfeited Lands division with Ramsey County, has notified the
city of two parcels that have gone tax forfeit. The first one is the tot lot parcel beneath
the power lines on the west side of Kennard Street in Legacy Village. The second one is
a 40- foot -wide corner lot at the northwest corner of Clarence Street and Ripley Avenue.
Refer to the maps and Ms. Kujala's letter.
The first property is part of the Legacy Village planned unit development (PUD). The
developer was required to dedicate that property to the city as part of their development
agreement requirements. They failed to do so and the property has gone tax forfeit.
This property is within the Xcel power line easement and is unbuildable. The Developer
of Legacy Village agreed to deed the parcel to the city as part of the Legacy Village
PUD. Since 2004, the City believed that property transfer had taken place as the city
has developed that parcel with the required tot lot which was always planned for that
site. When we got the County's letter, staff reviewed City files and checked with our
legal counsel on the Legacy Village development, Dan Cole at Briggs and Morgan. After
that review, we have determined that if a deed was delivered to the City it was not filed
in the land records or a deed was never delivered. All parties involved have treated the
parcel as City property since 2004. As evidence of that fact, Legacy mortgaged all its
property in the Legacy Development and this parcel was not included. The Mortgage
has now been foreclosed but the parcel was not one of the foreclosed properties. This is
understandable since even the mortgage company thought this parcel was currently
owned by the city. Funds were also set aside by the developer to pay Maplewood for
the development of this tot lot.
The property at Clarence Street and Ripley Avenue has a rain water garden, but
otherwise, is undeveloped.
Ms. Kujala has explained that the city has three options at this time:
1. Purchase the properties;
2. Get the lots by use deed, or;
3. Request that the county hold the parcel for an additional six months to give the city
additional time to evaluate our needs.
Packet Page Number 185 of 206
Request
Staff is requesting that the council approve the attached resolution requesting that
Ramsey County grant the city a six -month extension to withhold these parcels from
public auction.
DISCUSSION
The Clarence Street /Ripley Avenue site should be acquired by the city for drainage
purposes since there is a rain water garden in place. The other property is a long
narrow strip of property that is 150 feet by 660 feet. The entire parcel is subject to a
power line easement and it is not buildable.
Ms. Kujala recommends that we first secure the six -month extension to withhold both of
these sites from public auction. This would give the city time to submit the required
paperwork for use deeds or to purchase the properties.
The city is under a deadline to present the County with a letter of request for the six -
month extension and a certified resolution before November 28, 2009
RECOMMENDATION
Adopt the attached resolution requesting that Ramsey County withhold the parcels on
the northwest corner of Clarence Street and Ripley Avenue and the "tot lot" parcel at
Legacy Village from public sale or auction for six months. This will give the city time to
submit the necessary documents to acquire these properties from Ramsey County.
p:sec3 \Legacy Village \Legacy Village tax forfeiture property (tot lot) #3 11 09 to
Attachments:
1. Resolution
2. Location Map
3. Letter from Kris Kujala
4. Clarence Street/Ripley Avenue Lot
5. Legacy Village Tot Lot Parcel
6. Original Legacy Village Development Concept Plan
Packet Page Number 186 of 206
Attachment 1
RESOLUTION
REQUEST TO WITHHOLD PARCELS FROM PUBLIC SALE
WHEREAS, Ramsey County has informed the City of Maplewood of the
opportunity for the city to acquire use deeds or to purchase two tax forfeited lots.
WHEREAS, the first property is located at the northwest corner of Clarence
Street and Ripley Avenue, legally described as follows:
GLADSTONE, RAMSEY CO., MINN., VACATED ALLEY ACCRUING &
FOLLOWING; LOT 16, BLOCK 5. PID #15- 29 -22 -32 -0069.
WHEREAS, the second parcel is located on the west side of Kennard Street
between Legacy Parkway and County Road D, legally described as follows:
LEGACY VILLAGE OF MAPLEWOOD, LOT 2, BLOCK 1.
PID #03- 29 -22 -12 -0026
WHEREAS, the City of Maplewood, has the option to request a six -month
extension to delay the County's sale of these parcels to the public. The city can use this
time to further evaluate the city's need for these properties and to submit the required
documentation for a use deed or land purchase.
NOW, THEREFORE, BE IT RESOLVED that the city council hereby formally
requests by that Ramsey County withhold the parcel on the northwest corner of
Clarence Street and Ripley Avenue and the parcel on the west side of Kennard Street
between Legacy Parkway and County Road D for six months from public sale or auction.
This will enable the city time to more thoroughly analyze their need for these parcels for
public purposes and to submit the necessary application materials requesting the
granting of use deeds or public purchase.
The Maplewood City Council this resolution on 1 2009.
Packet Page Number 187 of 206
� F.
Legacy Village Tot Lot Parcel
61
Attachment 2
7RAMS7Y WC
Property Records and Revenue
Taxpayer Services
90 West Plato Blvd
P.O. Box 64097
St. Paul, MN 55164-0097
September 30, 2009
City of Maplewood
Attn: Jim Antonen, City Manager
1830 County Road B East
Maplewood, MN 55109
Dear Jim Antonen:
Attachment 3
Fax: 651-266-2022
Enclosed is a listing of two properties located in your municipality which forfeited to the State of
Minnesota on August 1, 2009 for non-payment of real estate taxes. Pursuant to statute, these
properties have been reviewed by Ramsey County to determine their classification as either
conservation or non-conservation land.
Minnesota Statutes, section 282.01, subd. 1, requires the county to notify each city or township
in which such properties are located of both the forfeiture and classification. This letter and list
serves as that notice of forfeiture and a notice that the lands have been classified by Ramsey
County as non-conservation.
The statute further provides that each city has 60 days from the date of this letter to approve or
disapprove the classification and sale of the parcels, to request a conveyance of land(s) to your
city for an authorized public use or to request that any of the properties be withheld from public
sale for a period not to exceed six months.
Please note that a municipality or governmental subdivision shall pay maintenance costs
incurred by the county during the six-month period while the property is withheld from public
sale, provided the property is not offered for public sale after the six-month period.
If you request any of the parcels be conveyed to your municipality for an authorized public use
the above statutory timeline must be strictly observed. Within 60 days of this notice of
classification and availability of newly forfeited properties, the governmental unit may submit an
application for a public use deed using Form 962, Application by a Governmental Subdivision
for Conveyance of Tax-Forfeited Land, Forms are available upon request from this office. The
application for a use deed is not complete and timely if it is not accompanied by a certified
resolution of the governing body stating the public purpose for which the property will be used.
If the government body wishes to withhold the property from sale for a six month period it must
submit a written request to this office within 60 days of this notice. The written request to
withhold property from sale must be accompanied by a certified resolution of the governing body
stating the reason for the request,to withhold the specific property. Anytime during the six-
month hold period, the municipality may acquire the parcel by use deed free of charge as long
as it continues to be used for the authorized public use. The county has no statutory authority to
allow a use deed on a parcel after the six month hold period has expired.
Minnesota's First Rome Rule County Packet Page Number 189 of 206
printed on recycled paper with a "mum of 10% post-consumer nntent
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Please be advised that if your municipality fails to put the property to its stated public use after
three years from the date of the deed, title must be re-conveyed to the state. This rule of
reversion also applies when only a part of the parcel is being used for the authorized public use.
Governmental subdivisions may retain title to the part that continues to be used as authorized;
however, the title to the part that is not being used as authorized must be re-conveyed.
If no application is received within the - six-month hold period, the property will become
available for public sale. Anytime during the six-month hold period or thereafter, if it has not
been sold at public sale, the municipality may acquire fee title to the property by payment of the
appraised value. Failure to respond to the County within the 60 days serves as an approval of
the classification and sale of the parcels.
If the information contained in this letter, plus attachment, is not your responsibility, please
forward it to the appropriate department within your municipality or contact this office.
Correspondence regarding this notice may be addressed to:
Ramsey County
Department of Property Records and Revenue
Property Tax Services
Attn: Tax Forfeited Lands Section
PO Box 64097
St. Paul, MINI 55164-0097
Anyone with questions regarding this matter may contact me at (651) 266-2081.
Sincerely,
Kristine A. Kujala, Supervisor
Tax Forfeited Lands
Packet Page Number 190 of 206
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Agenda Item M10
AGENDA REPORT
TO: James Antonen, City Manager
FROM: DuWayne Konewko, Community Development/Parks Director
Bill Priefer, Recycling Coordinator /Public Works Operations Analyst
SUBJECT: Consider Approval of 2010 SCORE Funding Grant Application
DATE: November 10, 2009
INTRODUCTION
Attached is the 2010 SCORE Funding Grant application from the Ramsey County Department of Public
Health. The City of Maplewood has the opportunity to apply for a $73,475 grant to subsidize our waste
reduction and recycling efforts. The 2009 grant was in the amount of $72,570.
BACKGROUND
In 1989, the Minnesota Legislature adopted comprehensive waste reduction and recycling legislation
based on the recommendations of the Governor's Select Committee on Recycling and the Environment
(SCORE). This set of laws, commonly referred to as SCORE, is part of Minnesota's Waste Management
Act (WMA). The SCORE legislation has provided counties, including Ramsey County, with a funding
source to develop effective waste reduction, recycling and solid waste management programs. Ramsey
County in turn offers SCORE grants to cities to enhance or improve their waste reduction and recycling
efforts. The City of Maplewood annually has applied for and received SCORE grants which require us to
submit an annual report detailing recycling rates and our efforts to reduce solid waste through increased
recycling.
BUDGET IMPACT
The 2009 Recycling program budget of $462,130 was subsidized by a Ramsey County SCORE grant in
the amount of $72,570. The 2010 grant amount is $73,475 and is based upon a per capita basis.
RECOMMENDATION
It is recommended that council approve the 2010 SCORE Funding Grant application in the amount of
$73,475.
Attachment:
1. 2010 SCORE Grant Application
Packet Page Number 194 of 206
SAINT PAUL - RAMSEY COUNTY DEPARTMENT OF PUBLIC HEALTH
ENVIRONMENTAL HEALTH SECTION
2010 SCORE FUNDING GRANT APPLICATION
CITY/TOWNSHIP:
City of Maplewood
CONTACT PERSON:
Bill Priefer
ADDRESS:
1902 County Road B East, Maplewood, MN 55109
PHONE:
651 - 249 -2406
FAX:
651 - 249 -2409
EMAIL:
bill.priefer@ci.maplewood.mn.us
SCORE GRANT REQUEST
1. What measurable goals does your municipality have for waste reduction and recycling activities in 2010? Please describe
how progress toward these goals will be measured and evaluated. At least ONE measurable goal must be listed.
Continue to increase participation at multi - family locations. Progress will be measured by examining pulls from these locations and
determining if increases in material recycling tonnage were observed.
Identify multi - family locations that do not currently offer recycling and enforce compliance with our ordinance that requires multi - family
property owners to offer recycling services.
Continue studying away from home recycling and recycling at large events and in other public spaces. Pilot programs will be initiated to
determine the best approach to increase recycling away from home.
2. Describe the activities a SCORE grant would be used for in your municipality and how these funds will enhance your
existing waste reduction and recycling programs. Identify expenses for activities within each applicable budget category.
SCORE funds will help offset the rising cost of recycling due to the shrinking revenue share from the sale of recyclables through
Eureka Recycling. It is costing more to process certain materials (especially fiber) than Eureka can sell them for. The
depressed markets have reduced our revenue share in 2009 by almost 100 %.
PROPOSED SCORE BUDGET —SCORE EXPENSES ONLY
ADMINISTRATION Total: $
Please detail activities and expenses:
PROMOTION ACTIVITIES Total: $
Please detail activities and expenses:
EQUIPMENT Total: $
Please detail activities and expenses:
COLLECTION OF RECYCLABLES Total: $73
Please detail activities and expenses:
TOTAL SCORE GRANT Requested $73,475.
Packet Page Number 195 of 206
RECYCLING BUDGET
3. Attach a copy of your 2010 municipal budget for all recycling activities, including all funding sources. If your governing
body has not adopted the budget, attach the most current draft budget.
PUBLIC ENTITIES LAW COMPLIANCE
4. Attach a copy of the disclosure from your hauler(s), or a copy of the relevant portion of any contracts with haulers, that specifies
the facility at which waste collected from municipal facilities is deposited. Minn. Stat. § 115A.9302 requires haulers to disclose this
information to customers annually.
RESOLUTION
5. Attach a resolution from your governing body requesting the SCORE funding allocation, or a certified copy of the official
proceedings at which the request was approved. SCORE grants agreements cannot be issued without such an attachment.
William J. Priefer
NAME OF PERSON AUTHORIZED TO SUBMIT GRANT
SIGNATURE (electronic signature is acceptable)
Recycling Coordinator
TITLE
November 9, 2009
DATE
Applications will be considered complete when items 1 - 5 above are submitted and a signature is on file.
Please return the completed grant application form by DECEMBER 1, 2009.
SCORE Program
Saint Paul — Ramsey County Department of Public Health
Environmental Health Section
2785 White Bear Avenue N., Suite 350
Maplewood, MN 55109 -1320
Packet Page Number 196 of 206
MEMORANDUM Agenda Item M11
TO: City Council
FROM: John Nephew, Councilmember and Cable Commission Alternate
SUBJECT: Resolution in Support of the Community Access Preservation Act
DATE: November 13, 2009 for the November 23 regular council meeting
H.R. 3745, the Community Access Preservation Act ( "CAP Act "), was recently
introduced in the House of Representatives. The CAP Act would do several things that
are vital to protecting public, educational, and government ( "PEG ") programming,
including the cable broadcasting of city meetings and notices as we currently do in
Maplewood on Channel 16.
On Thursday, November 12t the RamseyNVashington Suburban Cable Commission
unanimously passed a resolution in support of the CAP Act. In addition, the League of
Minnesota Cities has urged member cities to pass resolutions and contact our
congressional representatives in support of this bill.
The following attachments provide more information about the bill:
A) A proposed resolution in support of H.R. 3745
B) An "Action Alert" from the League of Minnesota Cities explaining the importance
of this bill
C) The text of H.R. 3745
D) A one -page summary of the Act
E) A section -by- section explanation of the bill
REQUESTED ACTION
Approve the attached resolution in support of the Community Access Preservation Act,
and direct staff to forward the resolution to the offices of Senators Klobuchar and
Franken, and Representative McCollum.
Packet Page Number 197 of 206
RESOLUTION IN SUPPORT OF H.R. 3745,
THE COMMUNITY ACCESS PRESERVATION ACT
WHEREAS, public, educational and government (PEG) channels play a significant role in
Maplewood; and
WHEREAS, PEG channels are a unique and valuable resource for local information and
discourse for the residents of Maplewood; and
WHEREAS, PEG channels televise local government meetings, including city council, city
advisory boards and commissions, county board and school board meetings, so that citizens
are informed about the actions taken by local elected officials; and
WHEREAS, PEG channels contribute to the democratic process by providing opportunities for
candidates and others, such as the League of Women Voters, to discuss local issues during
election campaigns; and
WHEREAS, PEG channels provide a window through which residents can view the diversity of
cultures, recreational activities and artistic endeavors in their local community; and
WHEREAS, PEG channels reflect the unique identity of the communities they serve; and
WHEREAS, it is important to preserve PEG channels and funding for PEG channels, and to
ensure that the channels continue to be available to the entire community to serve the residents
of Maplewood; and
WHEREAS, HR 3745, the Community Access Preservation Act, addresses critical and
immediate threats to PEG.
NOW THEREFORE BE IT RESOLVED:
The City Council of the City of Maplewood supports immediate passage of HR 3745; and
The City Council of the City of Maplewood calls on our Congressional delegation to take all
possible actions in support of the passage of HR 3745, including but not limited to endorsing,
co- sponsoring and voting for HR 3745, and to work for its rapid passage.
Passed and adopted this 23r day of November, 2009.
Mayor:
Attest:
City Clerk
Packet Page Number 198 of 206
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Action Alert: Ask members of Congress to co- sponsor Community Access
Preservation Act
Issue 32
By Ann Higgins
Published: November 4, 2009
The League of Minnesota Cities (LMC) strongly encourages cities to contact members of the Minnesota congressional
delegation and ask them to co- sponsor HR 3745 the federal Community Access Preservation (CAP) Act, authored
by Rep. Tammy Baldwin (D- Wis.). The legislation should be of particular interest to cities with cable franchise
agreements requiring local cable companies to make available channels and funding to support facilities and
equipment to produce public, educational, and government (PEG) video programming originated at the local level.
The legislation is intended to:
Put a stop to discriminatory treatment of PEG channel placement and transmissions.
Prohibit cable companies from restricting cities' use of PEG access fees to support the cost of operating PEG
facilities.
. Direct the Federal Communications Commission to conduct a study and report to Congress on the impact of the
recent adoption of laws that have replaced local franchising with a state - administered franchising process.
In 2008, the League encouraged and helped draft legislation that led to a similar study done by the University of
Minnesota that demonstrated serious drawbacks that had taken place in a number of states where new state franchising
laws had been implemented. That study was presented to state lawmakers during the 2009 legislative session.
The study also examined claims by cable companies that state franchising would result in competitive franchising as
well as lower prices for cable service. It is now an idea that is being carried to the national level by the Alliance for
Community (ACM) and the National Association of Telecommunications Officers and Advisors (NATOA),
professional and trade associations representing local PEG organizations, cable franchise administrators, and cable
commissions. The Minnesota Association of Community Telecommunications Administrators (MACTA), a League
affiliate, and the Minnesota chapter of ACM have been directly involved in the development of the legislation and are
actively urging their members to encourage broad support of the CAP Act.
The legislation is aimed at making deliberate and critical changes to the federal Cable Act to address some of the
serious adverse effects of state franchising laws that have already taken place and to end the threat of similar actions
during renewal of existing cable franchises, which in Minnesota will occur over the next several years.
Cities are urged to take the following immediate actions:
Contact your Congress member and Sens. Amy Klobuchar and Al Franken to urge them to sponsor and support
the CAP Act, HR 3745. Include information about the PEG channel programming and services in the
community.
Adopt a resolution supporting action by Congress to pass HR 3745 and urging your Congress member to
sponsor and vote for HR 3745 and work for its enactment.
Visit the ACM website to learn more about the bill and access a model resolution and sample letters to members
of Congress.
For more information, contact Ann Higgins, LMC, at ahiggins @Imc.org or (651 f 2ft!fn7 Number 199 of 206
CAP Act (Introduced in House)
HR 3745 IH
111th CONGRESS
1st Session
H. R. 3745
To amend the Communications Act of 1934 to provide for carriage and display of public,
educational, and government channels in a manner consistent with commercial channels,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
Ms. BALDWIN introduced the following bill; which was referred to the Committee on
Energy and Commerce
A BILL
To amend the Communications Act of 1934 to provide for carriage and display of public,
educational, and government channels in a manner consistent with commercial channels,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Community Access Preservation Act' or the 'CAP
Act'.
SEC. 2. AMENDMENTS.
(a) In General- Section 611 of the Communications Act of 1934 (47 U.S.C. 53 1)
is amended- -
(1) by redesignating subsection (f) as subsection (h); and
(2) by inserting after subsection (e) the following new subsections:
'(f) Equivalence -
`(1) IN GENERAL- In the case of any franchise under which channel
capacity is designated under subsection (b), such channel capacity shall
be --
'(A) at least equivalent in quality, accessibility, functionality, and
placement to --
Packet Page Number 200 of 206
'(i) channel capacity used for required carriage of local
commercial television stations, as defined in section
614(h)(1); or
'(ii) if no such stations are required to be carried, the
channel capacity used to carry the primary signal of the
network - affiliated commercial television stations carried on
the cable system; and
'(B) provided to and viewable by every subscriber of a cable
system without additional service or equipment charges.
(2) SIGNAL QUALITY AND CONTENT- A cable operator shall- -
`(A) carry signals for public, educational, or governmental use
from the point of origin of such signals to subscribers without
material degradation and without altering or removing content
provided as part of the public, educational, or governmental use;
and
'(B) provide facilities adequate to fulfill such requirements.
'(3) WAIVER- The requirements of paragraph (1) may be waived by a
franchising authority if the franchise contains an explicit provision that
such requirements shall not apply and such provision was adopted after a
proceeding the conduct of which afforded the public adequate notice and
an opportunity to participate.
`(4) ENFORCEMENT- The requirements of this subsection may be
enforced by a franchising authority or by the Commission.
`(5) ADDITIONAL REQUIREMENTS- Nothing in this subsection
prevents a franchising authority from establishing additional requirements
with respect to the quality, accessibility, functionality, placement, and
provision of channel capacity designated for public, educational, or
governmental use.
'(g) Preservation of Public, Educational, and Governmental Use -
`(1) STUDY- Within ISO days after the date of enactment of the
Community Access Preservation Act, the Commission shall submit to
Congress a report containing- -
`(A) an analysis of the impact of the enactment of State video
service franchising laws since 2005 on public, educational, and
governmental use of cable systems;
'(B) an analysis of the impact of the conversion from analog to
digital transmission technologies on public, educational, and
governmental use of cable systems; and
`(C) recommendations for changes required to this Act to preserve
and advance localism and public, educational, and governmental
use of advanced communications systems.
`(2) SUPPORT- In States that adopted legislation affecting cable system
franchising requirements relating to support for public, educational, or
governmental use of a cable system that became effective after May 31,
2005, a cable operator shall, notwithstanding such legislation --
Packet Page Number 201 of 206
`(A) pay to any political subdivision in which the operator provides
service the greater of --
`(i) the historical support that the operator, or its
predecessor, provided for public, educational, or
governmental use of the cable system in such subdivision
in accordance with this subsection; or
`(ii) the amount of any cash payment that the operator is
required to pay to such subdivision under such State
legislation affecting cable system franchising requirements;
`(B) carry signals for public, educational, or governmental use
from the point of origin of such signals to subscribers and provide
facilities adequate to fulfill such requirements in accordance with
subsection (f)(2); and
(C) provide at least the number of channels for public,
educational, or governmental use that it was providing as of May
31, 2005.
'(3) CALCULATION OF HISTORICAL SUPPORT- Historical support
includes the value of all support provided for public, educational, or
governmental use, including in -kind support and free services. The cable
operator shall pay support equal to the greater of --
' (A) the value of the support provided in the most recent calendar
year prior to the effective date of such State legislation affecting
cable system franchising requirements; or
(B) the value of the annual average support provided over the
term of the franchise pursuant to which it operated prior to such
effective date, taking into account the time value of money.
`(4) PAYMENTS- The amounts owed to the political subdivision under
paragraph (2)(A) shall be paid annually, in quarterly installments, with the
first payment being due 30 days after the date of enactment of the
Community Access Preservation Act.
`(5) USES; DISPUTES-
'(A) USES- Support provided to any State or local political
subdivision under this subsection shall be dedicated to public,
educational, or governmental use of channel capacity.
(B) DISPUTES- If there is a dispute as to amounts owed under
this subsection, undisputed amounts shall be paid, and the
Commission shall determine on an expedited basis what, if any,
additional amounts are owed.'.
(b) Franchise Fee Definition- Section 622(g)(2) of such Act (47 U.S.C. 542(g)(2))
is amended- -
(1) in subparagraph (B), by striking 'in the case of any franchise in effect
on the date of the enactment of this title,';
(2) by striking subparagraph (C); and
(3) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and
(D), respectively.
Packet Page Number 202 of 206
(c) Cable Service Definition- Section 602(6) of such Act (47 U.S.C. 522(6)) is
amended by striking means' and inserting means, regardless of the technology or
transmission protocol used in the provision of service'.
Packet Page Number 203 of 206
Summary of the Community Access Preservation (CAP) Act
Public, educational and government ( "PEG ") channels permit schools, governments, individuals and
groups to provide and receive information about local events, emergencies, and issues. The channels
encourage creation of local programming by civic groups and non - profits, cover government and
school meetings, and promote localism and civic engagement.. The CAP Act responds to four
immediate threats to PEG and these critical local communications.
1. Unnecessary Limits on the Use of PEG funds.
Issue: Under federal law, a cable operator and a local community may negotiate for support for
PEG use in addition to the franchise fee payments for use of public rights of way. The FCC recently
ruled, subject to some important exceptions, that this PEG support may only be used for facilities and
equipment, and not for PEG operating expenses.
Effect: Some communities are closing PEG facilities because there are no funds to operate them.
Solution: The bill amends the Cable Act to ensure that PEG fees can be used for any PEG purpose.
2. Discriminatory Treatment of PEG channels.
Issue: The Cable Act provides that PEG channels should be free from cable operator interference
and generally available to all cable subscribers. Accordingly, operators historically have provided
local commercial television signals and PEG in the same manner, to all subscribers, and without
additional charges. Some operators are now providing PEG channels that are less accessible, lower
quality, missing basic functionality and more costly. Three complaints about mistreatment of PEG are
before the FCC, but PEG is suffering in the meantime.
Effect: PEG is less accessible to all subscribers, and the most vulnerable viewers may lose access
to basic local information altogether.
Solution: The bill reaffirms that operators must deliver PEG channels to subscribers without
additional charges, and via channels whose quality, accessibility, functionality, and placement is
equivalent to local commercial television stations.
3. Preservation of PEG Support and Localism.
Issue: Federal law envisioned that PEG requirements would be established on a community -by-
community basis. Several States, while intending to preserve PEG, adopted statewide video
franchising standards without regard to local needs and interests.
Effect: Statewide standards are resulting in widespread elimination of PEG.
Solution: Immediate action is needed to preserve PEG to permit Congress to review the impact of
these changes on local programming. The FCC is directed to investigate and to report to Congress on
the impact of State video service franchising laws since 2005 on PEG. To ensure PEG is preserved,
each cable operator must provide the channels and critical facilities it had been providing historically.
Operators must make ongoing PEG support payments equal to the greater of the cash payment required
under State law, or the value of the PEG support it historically provided.
4. Definition of Cable System.
Issue: Entities that provide video services via wired facilities in the rights of way are intended to
be subject to Cable Act rules, regardless of the transmission protocol used to deliver service, but some
claim that the law is unclear, creating doubt as to where the rules apply.
Solution: The Act is amended to ensure it is technologically neutral. Providers using wired
facilities in the rights of way are treated similarly and are subject to similar PEG requirements.
Packet Page Number 204 of 206
The Community Access Preservation (CAP) Act
Section -by- Section
Sec. 1, Short Title
Section 1 sets forth the short title of the bill as the `Community Access Preservation Act
or CAP Act.'
Sec. 2, Amendments
Section 2 amends Section 611 of the Communications Act of 1934 (47 U.S.C. 531) to
create two new subsections:
Equivalence
Public, educational, and governmental (PEG) access channels are those cable television
channels that are set aside for use by the general public, by local schools, colleges, and
universities, and by elements of local government. PEG access channels are not mandated
by federal law. But the Cable Communications Policy Act of 1984 amended the
Communications Act to explicitly allow cable franchising authorities to require cable
operators to set aside channel capacity for PEG use and to provide adequate facilities or
financial support for those channels.
This section clarifies long- standing federal standards for cable operator carriage of
capacity and channels for PEG use. The PEG capacity would have to be:
• At least equivalent in quality, accessibility, functionality, and placement to
channel capacity used for local commercial television stations. In case there are
no local commercial stations, the equivalence standard would be the primary
signal of the network - affiliate carried on the cable system.
• Provided to and viewable by every subscriber of a cable system without additional
service or equipment charges.
• Carried without material degradation or loss of content from the point of origin to
cable system subscribers.
Consistent with existing federal laws and regulations, which permit local franchising
authorities to expressly waive certain federal requirements for carriage of PEG channels,
this section provides that a franchising authority could expressly waive these
requirements in a franchise agreement after conducting a public proceeding to determine
if such a waiver is appropriate and supported by the community.
The equivalence standard could be enforced by either the franchising authority or the
Federal Communications Commission (FCC).
Preservation ofPublic. Educational, and Governmental (Ise
The Communications Act of 1934 stipulates that cable franchise requirements, including
PEG requirements, would generally be established based on an individualized assessment
of local needs, so that cable systems would be responsive to the needs of local
communities. However, several states have adopted statewide video franchising
standards without regard to existing or future individualized local needs and interests.
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This section directs the FCC to submit a report to Congress on the impact of state video
service franchising laws since 2005 on PEG use of cable systems.
The section also requires that in states that have enacted state -level franchising laws since
May 31, 2005, PEG channels would continue to receive financial and infrastructure
support and channel capacity based on the support historically provided by the cable
provider. Specifically:
• Financial support would be calculated as the greater of the support provided in the
calendar year prior to the state video service franchising law, or the average
annual support over the term of the franchise agreement.
• Infrastructure support would be the facilities required to continue to carry the
PEG channels from their point of origin to subscribers without material
degradation or loss of content.
• Each operator would provide at least the same amount of PEG channel capacity
that it was required to provide as of May 31, 2005. If there were no PEG channel
capacity requirements in a particular locality as of that date, the State law
requirements would apply.
[Possible addition: Support means all support, including in -kind support to the extent an
operator is no longer providing in -kind support on the same basis it was being provided
before the state -level franchising law went into effect.] The FCC would be responsible
for settling disputes over amounts owed.
Franchise Fee Definition
Section 622(g)(2)(C) of the Communications Act of 1934 makes clear that cash paid to a
franchising authority for PEG "capital costs" are not counted against the franchise fee.
On December 20, 2006, the FCC issued a rule that found that cash paid by an operator
and paid to a franchising authority to support the use of PEG facilities, such as staff
salaries is counted against the franchise fee. .
To prevent this limited interpretation for the use of financial support, this section
overturns the FCC interpretation, and makes clear that financial support provided for
PEG is not to be counted, or offset, against the franchise fee, whether used for PEG
capital or operating costs.
Cable Service Definition
This section amends Section 602(6) of the Communications Act to clarify that the
definition of cable service is technology and transmission - protocol neutral. As a result, it
makes it clear that the requirements of the Cable Act apply to systems that use traditional
cable transmission technologies, as well as those that use digital transmission protocols,
including, but not limited to, IP protocols, to deliver video programming or other
programming services to subscribers.
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