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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. 3 Packet Page Number 19 of 206 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. 4 Packet Page Number 20 of 206 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. 5 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. 6 Packet Page Number 22 of 206 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 7 Packet Page Number 23 of 206 $ # ir¢t f,F.f I :4: Im'.€ I -IM I F F•'.I I .b E: € € � I vrl ,J .k r t t tst' ='. I.lx ' *I.'.'.I I f �• ...�� € •:... 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). 1 Packet Page Number 25 of 206 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. 2 Packet Page Number 26 of 206 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. 3 Packet Page Number 27 of 206 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 4 Packet Page Number 28 of 206 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. 5 Packet Page Number 29 of 206 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. 6 Packet Page Number 30 of 206 (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 7 Packet Page Number 31 of 206 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 8 Packet Page Number 32 of 206 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). 9 Packet Page Number 33 of 206 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. 10 Packet Page Number 34 of 206 (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 11 Packet Page Number 35 of 206 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. 12 Packet Page Number 36 of 206 (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 13 Packet Page Number 37 of 206 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. 14 Packet Page Number 38 of 206 (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. 15 Packet Page Number 39 of 206 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. 16 Packet Page Number 40 of 206 (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. 17 Packet Page Number 41 of 206 (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. 18 Packet Page Number 42 of 206 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. 19 Packet Page Number 43 of 206 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 20 Packet Page Number 44 of 206 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. 21 Packet Page Number 45 of 206 (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 22 Packet Page Number 46 of 206 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 23 Packet Page Number 47 of 206 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 2 Packet Page Number 50 of 206 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 Packet Page Number 51 of 206 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. 2 Packet Page Number 54 of 206 • 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. 3 Packet Page Number 55 of 206 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. 4 Packet Page Number 56 of 206 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 5 Packet Page Number 57 of 206 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. 6 Packet Page Number 58 of 206 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 7 Packet Page Number 59 of 206 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. 8 Packet Page Number 60 of 206 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. 9 Packet Page Number 61 of 206 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. 10 Packet Page Number 62 of 206 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. 12 Packet Page Number 64 of 206 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. 13 Packet Page Number 65 of 206 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 14 Packet Page Number 66 of 206 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. 15 Packet Page Number 67 of 206 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 16 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. 17 Packet Page Number 69 of 206 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 Packet Page Number 70 of 206 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 19 Packet Page Number 71 of 206 Exhibit A Legal Description of the Protected Property TO BE ADDED 20 Packet Page Number 72 of 206 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 Packet Page Number 76 of 206 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 2429405v1 2 Packet Page Number 77 of 206 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 2429405v1 3 Packet Page Number 78 of 206 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. 2429405v1 4 Packet Page Number 79 of 206 (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: 2429405v1 5 Packet Page Number 80 of 206 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: 2429405v1 6 Packet Page Number 81 of 206 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 2429405v1 7 Packet Page Number 82 of 206 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. 2429405v1 8 Packet Page Number 83 of 206 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 2429405v1 9 Packet Page Number 84 of 206 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.) 2429405v1 10 Packet Page Number 85 of 206 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. 2429405v1 11 Packet Page Number 86 of 206 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" 2429405v1 12 Packet Page Number 87 of 206 (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 2429405v1 13 Packet Page Number 88 of 206 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 2429406vl 14 Packet Page Number 89 of 206 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 Packet Page Number 90 of 206 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 $20,000 are appropriated to prepare this feasibility Packet Page Number 103 of 206 MCC 3treei r 1 n Jo lliieruialig j r� f..� KKK x N az C I I I .1r3! r W jl a t v � Agenda Item L3 Attachment 2 �" Cw4u31lLi{�alltieS Road Canteriiries (Cnuiay) U unt Road tnteistat t €wy f State H'YV I2Cads Water 5toicture$ �— ParLej Polygons Hiufr'vay Shields Streml. N nit? Labels 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 I;r M .N v C4 U �3 ai d d 0 0 0 ° 0 0 0 O h 0 0 0 000 O 0 ° N U M 0 ti <r O m h- M <r CO o ri O d w Et} ° EA EA 0 69 Et} o O O O� ° o r to o° O 0 O O) M m r M N COO ° N r SD N O CD 0 C9 N u IN � F . m m m m m v J G a C7 p CY p _ m c m 4 R c O c p 0 c 0 0 c c 0 0 O O p ~ t5 t5 t5 t5 V d U U) d W V h w o w o 0 0 o W o a d w > o -0 u LL Q. a a c y x = o 0 N 0 0 7 0 0 a a Q w U V _� V i U w m o C7 v o L7 C7 C7 Q = d _ m ° °- E y W m a c C7 C�7 ° ° - a �= m U w c o o o o o o > > p m m W` 0. d= � L w i s m a C 0 6 0 0 8 o o o x x m .. 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N 0 c = a ell > o 3 1- �` ¢' � G fn i O W a O d O a R U i > v u > >> v y U p > m vy !� w., yr !� y« w C d vvr m aw No U ¢t>; F`. wb d a.� e00yy�U1 m wo O k 6 «� �. c k E o a rn �� 0 W �w, Q¢ E� V) o :m o f E m a n a 2¢ +`[ ;t Q a x ¢T ;t u b m ��� n wi m U w Z a0 ��a'm h3�s(6Co.0 0 � �u,3U 0 a � U � z ° p`'� z N co a Packe4a Number 109 206 co 3: a`.. a &5 (D t e of 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 � \\ 0 IL 0 I w C: N E C) M 3 I I • pl - M M M M M CD 0 CD C) CD 0 0 00000 — — — — — — — OOOCDOC>OOOOOCD NNNNNNNNNNNN — — — CO CO — d " CD M Co LO U NM— CD CD N — — — CO Packet Page Number 122 of 206 > CD CD _0 . 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C) C) C) C) O O O a C) CD CD (D (D CD CD CD CD CD C) (D CD CD CD C) CD C) CD CD C) (D CD CD 0000000000 )o0000 U') LO C) C) C; 0000 C; C CD CD C) CD CD CD CD CD CD LO rl- (D CD CD C) CD C rl- CD C) C) C) C) CD C:) CD N C; C\T Cli 06 L6 6 6 6 P-: 06 Ld 6 r - Ili Ld (6 L6 C4 Cli C) 6 6 6 6 C> 0 M N — It LO 't N CO — N CO U') CIO M C) L6 C) M M M E CO CO — N N L 0) 69 69 69 � � Grk va Y> 6F,* Ge 69 U3 � � � 69 69 � GPI 69 69 U3 � CD I D 0) CO CD CD CD CD CD CD CD CD CD LO CD CD CD CD CD 0 (D a) LO 0 C:) CD C) C) C) 0 a — CD CD C) CD CD M 0 CD CD CD CD C) CD CD LO CD CD C:) C) CD Cn (n .2t Cli Cli (d V5 6 Ui 6 r_: vi 6 -- -- Lri P W LO "t C\J CO C.4 CY) w a) U) a) .0 :3 0 Ge Gr> 0a U) 69 � � U3 U) Crk Oa U) � V) U3} 69 0 >- CL 2 0 CD CD r M r r r r r CD = U) U) 0 CU 0 w :3 00 U') 0 D N 0 C a) (D m CD I Cli A a) > u- C: �p 5 E 0 - d' — C 0 0 (U ' >- u- < CO < CO 0 (n CO CO >- < Cn CO < Cn C W , A E M 3 CM I Packet Page Number 123 of 206 CO tts CO E 70 < 0) E :3 C: 0 (D a) M 0 Cn (n .2t P W w a) U) a) .0 :3 0 0 >- CL 2 0 = U) U) 0 CU 0 w :3 CO CL 0 D N 0 C a) (D m a) > u- C: �p 5 E 0 - 2 > E C 0 0 (U CO I C) C) C CL 7C3 U) L Cq Cl) 0 (. 5 70 M 0 M U) (D 0 -0 U) E 0 0 Q 0 0 0 u- > E E E m i L) CO 1— a) C -hC 0) < (n - .— U) 0 — M C M U) 0 E X Q 0 0 W (n U) U Of . 0 Cn a- 0 Co 0 M 3 w U) — 0 M 0 0 I < M 0 w C: 0- of -:j Packet Page Number 123 of 206 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 COUNTY ROAD DAttachment 1 COW Sunset HIGHRIDGE CT. Ridge Park ry LITTLE CANADA o I -z < co AVE. LYDIA E cn 1 cn GUS 2 0 3 ry I-- cn BEAM AVE. ' ry < C �� ;% / �° % cc) 0- KohIman 0 Gervais Lake 4,j Lake 601 COUNTY ROAD C Kohiman / 0 Park U) cf) PALM Manufactured CT. Housing --j 01 U 0 Estates c � I i 2 F-1 N R ry 3 Cr CSR. d n CON NOR >- 4 < CONNOR CO (-) ---) A\ /r- PROPOSED 2008 STREET IMPROVEMENTS NO SCALE KOHLMAN LANE AREA STREET IMPROVEMENTS MAPLEWOOD, MINNESOTA CITY PROJECT 07-21 Packet Paae Number 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 Attachment 1 uIL �ER�A�S :G:::] D R. �� EW AVE �T. WE. Knuckle Hecd Ecke AVE. � I ARK c� a z v U C� [ �t I Q W _l � Sherwood LLJ RST o Q W z _ CO. D. > B 'E. BURK AVE. U� As Community 'E. 64 �5 Center John Glenn 0 �q TE� �, City Ho// 0 w HARRIS AVE. Q ROSEWOOD AVE. N. z ROSEWOOD RAMSFY C AVE. S NURSING; H FAIR Ca R t j Lark— Prosperity, 07 Maplewood, Minnesota Proposed 2007 Construction 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 9 I U z Ld GERVAIS U) COPE CT. NLAR K \ND I J 7UN C 6N Q FBI U) L 1 01 z < V) z (I L ry ED w Uj Y) DEMONT LL- AVE, BROOK AVE. E. Harvest U V) Park Q Four < ry AVE. easons n SEXTANT Park z GRANDVIEW LL- 7�wl F AVE. I VIKING Agenda Item M6 Attachment 2// EHILL RD. JAVE. SHERREN AVE. Knuc le Head Lake COPE AVE. I / � Q AVE. �� w LAURIE RD. U) AVE. E BURKE AVE. V Fn I ELDR I IDGE AVE. C C C S IL MAN W LARK AVE. :;� V)1+ ry Q 0 < RD. :2 Sherwood'-� Cr Pork Z P AVE. I Ld =LOLJ I - Y r! dRD. A I BU=RKEz A John Glenn @ @ Park BURK D CIR L F– SKILL NVE. SHR P ,\4 F D (r) -i D RYAN = Ljj Flicek < Park FR 61L FR P:\W0RKS\AGENDA\L0CAT10N MAPS A' C( 47-cy r )unit Q City Hall no scale V) Li C) z Li (If 9 W AVE. GATEWA HARRIS AVE. - ROSEWOOD AVE. > < Z) Robinhood 2:: ROSEWOO 0 Pork t IRLAN AV. AVE. S z ' g 0 F M 3T V) I AV E. jM< n V) — 71 F--- 0 (n LLJ LLJ N < z § B )unit Q City Hall no scale V) Li C) z Li (If 9 W AVE. GATEWA HARRIS AVE. - ROSEWOOD AVE. > < Z) Robinhood 2:: ROSEWOO 0 Pork t IRLAN AV. AVE. S z ' g 0 F M 3T V) I AV E. jM< n V) — 71 F--- 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 (2�scM 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 Attachment 4 CD 7 South of 1801 Clarence St N (on Ripley Ave E) 1 15-29-22-32-0069 1 11 F. LEASE #L1;S0Z3 2 3 LEASE #LKtG2 j 4 {g11 Cat} qY T - 67r j 12 0,�N 2 124 134, MUM A 3 2— � 0 � ump - I 104 9" q4 -­t 4 m o 9 9 : 4 �1 6 I s.erg Ir w 10 j % 13 It x 04) - ills n - 1 WA 14 - 1 12 qY F1 AM 11 T - 67r j 12 0,�N 2 124 134, MUM A 3 UM 9" q4 -­t 4 m o 9 9 : 4 �1 6 I s.erg Ir w 10 j % M 134' 124 - ills 124 134 - 1 WA 14 - 1 12 13 a li4f 3 F1 AM 11 67r j 12 0,�N 2 124 134, MUM A 3 UM q4 -­t 4 m o v 0, 132' C 67r j or 2 124 134, a t 3 4 �1 6 I s.erg Ir w 30' W 7 to 134' 124 124 134 22 WA - 1 21 AW MV 1 3 v NAl �� � GE 81rf3L2rY E ~� 8f � 'i 87 � 3 . - - �;�Z - - 1241 t o Molillill Still 9 DISCLAIMER: This ecords, information and data lo ted it - e purposes onl. STHE ET /RI PLEY AVENUE ntracreial SOURCES: Raease and re PARCEL Packet Page Number 191 of 206 16 124' j MM 3 W 7 irtf {i2) {i9} 22 WA - 1 21 AW MV 1 3 v NAl Attachment 5 CD 7 North of 1573-1635 Legacy Pky E (on Kennard St) 03-29-22-12-0026 1 4,10 AC, CITY OF kV FLZVYG0D {3) 4Z { i 2 281 (14 77) is) (t42 (7S) WE13 .3 283,54 1 ( N if tat 61�j I 64,12 lLt�} L pGACY OUTLOT A Legacy Village Tot Lot Parcel 11.1 as ac sw act so Cl a so � :41, t2s"00) 4�1 9 (307-312) Lot. 4! s X158 74 - o- ITA W" Isis a CSC 594 Wal 61 4 "V L7 J .� 198 A7 EM 2d 2 rso WON ploom � 10 12 IN 44 " � r i9 h 5 Irt DO i �yy 13U.00 i2dA4 12600 12840 86.71 - -1-TtRA o 4H "M M Y %A" 2 ac la { `��I 9 C S8 'T � I I all q I og - 4 fl of 7- DISCLAIMER. This map records, information and data located i n v"n' ARCEL cc purposes only. SOURCES: RarnseyC Count, )rrunercial and residentia LEGACY VILLAGE T OT LOT P Packet Page Number 192 of 206 302.sa 81,60 PINE ESTATES CIG 3 5 5 {14 i is} f (134 123) I INS (fin D DO) f3l} f j 21 .." ? ?43) 14) 0 66) f3s} (26) 7 01) JUI .3 283,54 1 ( N if tat 61�j I 64,12 lLt�} L pGACY OUTLOT A Legacy Village Tot Lot Parcel 11.1 as ac sw act so Cl a so � :41, t2s"00) 4�1 9 (307-312) Lot. 4! s X158 74 - o- ITA W" Isis a CSC 594 Wal 61 4 "V L7 J .� 198 A7 EM 2d 2 rso WON ploom � 10 12 IN 44 " � r i9 h 5 Irt DO i �yy 13U.00 i2dA4 12600 12840 86.71 - -1-TtRA o 4H "M M Y %A" 2 ac la { `��I 9 C S8 'T � I I all q I og - 4 fl of 7- DISCLAIMER. This map records, information and data located i n v"n' ARCEL cc purposes only. SOURCES: RarnseyC Count, )rrunercial and residentia LEGACY VILLAGE T OT LOT P Packet Page Number 192 of 206 WON ploom � 10 12 IN 44 " � r i9 h 5 Irt DO i �yy 13U.00 i2dA4 12600 12840 86.71 - -1-TtRA o 4H "M M Y %A" 2 ac la { `��I 9 C S8 'T � I I all q I og - 4 fl of 7- DISCLAIMER. This map records, information and data located i n v"n' ARCEL cc purposes only. SOURCES: RarnseyC Count, )rrunercial and residentia LEGACY VILLAGE T OT LOT P Packet Page Number 192 of 206 Attachment 6 0 n 0 IL LU w -1 rill Cz �: j d .111 1 ---fl 9 0 1m MR ®R ri IMM Packet Page Number 193 of 206 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 r k Lt ti?F Jt NtSO' T 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. Packet Page Number 205 of 206 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. Packet Page Number 206 of 206