HomeMy WebLinkAbout2015 08-24 City Council Meeting PacketAGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, August 24, 2015
City Hall, Council Chambers
Meeting No. 16-15
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
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. Before addressing
the council, sign in with the City Clerk. At the podium please state your name and
address clearly for the record. All comments/questions shall be posed to the Mayor and
Council. The Mayor will then direct staff, as appropriate, to answer questions or respond
to comments.”
D. APPROVAL OF AGENDA
E. APPROVAL OF MINUTES
1. Approval of August 10, 2015 City Council Workshop Minutes
2. Approval of August 10, 2015 City Council Meeting Minutes
3. Approval of August 14, 2015 Special City Council Meeting Minutes
F. APPOINTMENTS AND PRESENTATIONS
1. Resolution Approving Commission & Board Appointments
2. Presentation of Tuj Lub Partnership at Keller Park
G. 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. Approval to Enter into Agreements with Enterprise Fleet Management for Leasing of City
Vehicles
3. Approval of a Public Easement, Fire Station 1 Improvements, City Project 12-14
4. Approval of Cooperative Agreement (PW 2014-32) with Ramsey County, Arkwright-
Sunrise Area Improvements, City Project 12-09
5. Approval of Funding for the Tuj Lub Project at Keller Park
6. Approval of Resolution Accepting a Donation to Maplewood Nature Center
H. PUBLIC HEARINGS
1. Consideration of an Ordinance Amendment to Allow Temporary Exterior Sales in Business
Commercial Districts – Second Reading
I. UNFINISHED BUSINESS
None
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
651.249.2000 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
J. NEW BUSINESS
1. Consideration to Proceed with Design Work, Fish Creek Improvements, City Project 15-19
2. Consideration of Century Link Franchise
3. Consideration of Purchase Agreement with Scooters Coffee, 2228 Maplewood Drive N
a. Intent to Close Meeting (§13D.05 subd. 3c)
K. AWARD OF BIDS
None
L. VISITOR PRESENTATIONS – All presentations have a limit of 3 minutes.
M. ADMINISTRATIVE PRESENTATIONS
1. Council Calendar Update
N. COUNCIL PRESENTATIONS
O. ADJOURNMENT
E1
August 10, 2015
City Council Workshop Minutes 1
MINUTES
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
6:00 P.M. Monday, August 10, 2015
Council Chambers, City Hall
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called
to order at 6:07 p.m. by Mayor Slawik.
B. ROLL CALL
Nora Slawik, Mayor Present
Marylee Abrams, Councilmember Present
Robert Cardinal, Councilmember Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
C. APPROVAL OF AGENDA
Councilmember Abrams moved to approve the agenda as submitted.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
D. UNFINISHED BUSINESS
None
E. NEW BUSINESS
1. MCC Theatre Lease Discussion – Ashland Productions
Parks & Recreation Director Konewko introduced the staff report. Rob Sutherland,
Artistic Director with Ashland Productions addressed the council to give the presentation
and answer questions of the council. Parks & Recreation Director Konewko reviewed
the specifics of the lease agreement and answered questions of the council.
2. Commission & Board Interviews
The following individuals were interviewed for the commissions indicated:
1. Ryan Ries, Environmental Natural Resources Commission
2. Russell Susag, Environmental Natural Resources Commission and Parks &
Recreation Commission
F. ADJOURNMENT
Mayor Slawik adjourned the meeting at 7:05 p.m.
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 p.m., Monday, August 10, 2015
Council Chambers, City Hall
Meeting No. 15-15
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called
to order at 7:18 p.m. by Mayor Slawik.
Mayor Slawik reported on the police ride along she went on last Saturday evening.
Police Chief Schnell gave additional information.
B. PLEDGE OF ALLEGIANCE
Nathan Orts from Boy Scout Troop 90 in St. Paul was in attendance at the council
meeting to work on his communication merit badge. He then led the council in the
pledge of allegiance.
C. ROLL CALL
Nora Slawik, Mayor Present
Marylee Abrams, Councilmember Present
Robert Cardinal, Councilmember Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
D. APPROVAL OF AGENDA
The following items were added to the agenda:
N1 Gun Range
N2 Maplewood Community Center
N3 Hunger Action Month
N4 National Night Out
N5 Green Corp
N6 National Night Out
N7 Cable Commission
N8 Bingo Bash at Maplewood Community Center
N9 Prairie Care Ground Breaking
N10 Empowerment Picnic
The following item was pulled from the agenda:
J1 Consider Approval of On-Sale Intoxicating Liquor License for Central Florida
Restaurants, Inc – TGI Fridays, 3087 White Bear Avenue N
Councilmember Abrams moved to approve the agenda as amended.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
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E. APPROVAL OF MINUTES
1. Approval of July 27, 2015 City Council Workshop Minutes
Councilmember Cardinal moved to approve the July 27, 2015 City Council Workshop
Minutes as submitted.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
2. Approval of July 27, 2015 City Council Meeting Minutes
Councilmember Juenemann moved to approve the July 27, 2015 City Council Meeting
Minutes as submitted.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
1. Resolution Approving Commission & Board Appointments
City Manager Coleman gave the staff report.
Councilmember Koppen moved to approve the resolution appointing candidates to the
Environmental & Natural Resources Commission and the Parks & Recreation
Commission.
Resolution 15-8-1240
BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
Hereby appoints the following individuals, who have interviewed with the Maplewood
City Council, to serve on the following commissions:
Environmental & Natural Resources Commission
Ryan Ries term expires September 30, 2018
Parks & Recreation Commission
Russell Susag term expires April 30, 2018
Seconded by Councilmember Cardinal Ayes – All
The motion passed.
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G. CONSENT AGENDA
Councilmember Juenemann requested agenda item G4 and G5 be highlighted.
Councilmember Juenemann moved to approve consent agenda items G1-G5.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
1. Approval of Claims
Councilmember Juenemann moved to approve the Approval of Claims.
ACCOUNTS PAYABLE:
$ 440,525.75 Checks # 95470 thru # 95503
dated 07/28/15
$ 557,510.81 Disbursements via debits to checking account
dated 07/20/15 thru 07/24/15
$ 346,618.29 Checks #95504 thru #95552
dated 08/04/15
$ 270,021.30 Disbursements via debits to checking account
dated 07/27/15 thru 07/31/15
$ 1,614,676.15 Total Accounts Payable
PAYROLL:
$ 563,296.69 Payroll Checks and Direct Deposits dated 07/31/15
$ 390.00 Payroll Deduction check # 9995489 thru #9995489 dated 07/31/15
$ 563,686.69 Total Payroll
$ 2,178,362.84 GRAND TOTAL
Seconded by Councilmember Abrams Ayes – All
The motion passed.
2. Approval of a Temporary Lawful Gambling - Local Permit for the Church of
St. Jerome, 380 Roselawn Avenue E
Councilmember Juenemann moved to approve the Temporary Lawful Gambling Permit
for Church of St. Jerome’s located at 380 Roselawn for their Annual Fall Festival &
Booya on Sunday, September 20, 2015.
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Seconded by Councilmember Abrams Ayes – All
The motion passed.
3. Acceptance of donation to Maplewood Police Reserve Unit from the
Ramsey County Fair
Councilmember Juenemann moved to approve the resolution accepting the donation
made by the Ramsey County Fair Board to the Maplewood Police Reserve Unit.
Resolution 15-8-1241
Expressing Acceptance of and Appreciation of a
Donation to the Maplewood Police Department
WHEREAS, the Ramsey County Agricultural Society/Fair Board has presented to
the Maplewood Police Department a donation in the amount of $425; and
WHEREAS, this donation is intended for the purpose of Maplewood Police
Reserve Unit equipment and/or needs; and
WHEREAS, the Maplewood City Council is appreciative of the donation and
commends the Ramsey County Agricultural Society/Fair Board for their civic efforts,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Maplewood, Minnesota, that:
1. The donation is accepted and acknowledged with gratitude; and
2. The donation will be appropriated for the Police Department as designated;
and
3. The appropriate budget adjustments be made.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
4. Acceptance of Grant and Approval of Contract with Great River Greening
for Fish Creek Pollinator Program
Councilmember Juenemann moved to approve the grant to conduct activities at the Fish
Creek site including pollinator education, monitoring, and habitat enhancement, and
study of techniques to improve resilience of bur oak communities; the contract with
Great River Greening for pollinator education and direct the Finance Director to increase
the Nature Center budget by the amount of the grant, over the three year grant period.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
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5. Approval to Submit Grant Applications to the Saint Paul Foundation and
the Metropolitan Regional Arts Council (MRAC)
Councilmember Juenemann moved to approve the City Manager and staff to make grant
applications to The Saint Paul Foundation, F.R. Bigelow Foundation, Mardag
Foundation, and the Metropolitan Regional Arts Council.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
H. PUBLIC HEARING
None
I. UNFINISHED BUSINESS
None
J. NEW BUSINESS
1. Consider Approval of On-Sale Intoxicating Liquor License for Central Florida
Restaurants, Inc – TGI Fridays, 3087 White Bear Avenue N
This item was pulled from the agenda.
2. Consider Approval of a Resolution to Increase the Fireworks Sales Permit
Fee for Exclusive Fireworks Retailers
Citizen Services Director/City Clerk Haag gave the staff report and answered questions of
the council.
Councilmember Juenemann moved to approve the resolution increasing the permit fee
for retailers engaging in exclusive fireworks sales to the maximum allowed amount by
MN §624.20 subd.1(d) of $350.00.
Resolution 15-8-1242
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that
the permit fee for Retail Fireworks Sales permit, for exclusive fireworks sales be
$350.00.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
3. Consideration of a Planned Unit Development Revision and Design Review
for an Overflow Parking Lot, The Shores at Lake Phalen, 1870 East Shore
Drive
Building Official Carver gave the staff report and answered questions of the council.
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Commissioner Fred Dahm gave the report from the planning commission. City
Engineer/Public Works Director Thompson answered additional questions of the council.
Greg Johnson of Maplewood Senior Living, LLC addressed the council to give additional
information and answer questions of the council.
Councilmember Koppen moved to approve:
1. Approve the revised conditional use permit for a planned unit development resolution
to allow an additional 16 parking spaces be added to the property located at 1870
East Shore Drive. Approval is based on the findings required by ordinance and
subject to the following conditions:
a. The engineering department shall review and determine approval of all final
construction and engineering plans. These plans shall comply with all
requirements as specified in the city engineering department’s June 7, 2010
review and the city engineering department’s July 10, 2015 review regarding the
overflow parking lot.
b. All construction shall follow the plans date-stamped May 24, 2010, and with
revisions as noted in this approval and the overflow parking lot shall follow the
plans date-stamped July 2, 2015. The city council may approve major changes
to the plans. City staff may approve minor changes to the plans.
c. The project is approved with 28 underground and 40 surface parking spaces.
This is a parking reduction of 142 parking spaces (210 parking spaces are
required per city code).
d. The project is approved with a 147 square foot floor area reduction in the
required unit floor area for the memory care and assisted living studio units (580
square foot units are required per city code; 433 to 578 square foot units are
proposed).
e. The project is approved with a 20-foot front yard setback along Frost Avenue for
the one-story dining room and kitchen portion of the building (30-foot front yard
setback required per city code).
f. The project is approved with a 5-foot side yard setback along the south property
line for the overflow parking lot (20-foot side yard setback is required per city
code)
g. The project is approved with storage space of not less than 30 cubic feet for the
memory care and transitional care units (120 cubic feet of storage area per unit
required per city code).
h. All signs on the property must be approved by the community design review
board.
i. Approval is conditioned on the owner constructing or funding a Gladstone
neighborhood entry monument sign at the intersection of Frost Avenue and East
Shore Drive.
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j. Approval is conditioned on the applicant implementing interior or exterior signage
which reflects the previous use of the property as the St. Paul Tourist Cabin site.
k. The approved landscape plan and tree preservation requirements shall be
subject to monitoring by city staff to assure compliance. Minor modifications to
these plans shall be subject to review by staff while major modifications shall
require city council approval.
l. The proposed construction must be substantially started within one year of city
council approval or the permit shall end. The city council may extend this
deadline for one year.
m. The city council shall review this permit in one year.
n. Approval is conditioned on the owner submitting a revised site plan for the
overflow parking lot showing location, size, and species of trees that will be
removed due to the construction of the parking lot. Applicant must follow the
city’s tree preservation and replacement requirements.
o. A sign shall be installed indicating the overflow parking lot is for employee
parking only.
2. Approve the plans date-stamped July 10, 2015 for the proposed parking lot at the
Shores at Lake Phalen, 1870 East Shore Drive. Approval is subject to the applicant
doing the following:
a. Repeat this review in two years if the city has not issued permits for this project.
b. Submit a revised site plan for the overflow parking lot showing location, size, and
species of trees that will be removed due to the construction of the parking lot.
Applicant must follow the city’s tree preservation and replacement requirements.
c. If lighting is added to this parking lot, a photometric plan must be submittal to
staff for approval to ensure compliance with ordinance.
a. All sod and required native plantings must be restored to existing conditions.
Resolution 15-8-1243
Conditional Use Permit
WHEREAS, Greg Johnson of Maplewood Senior living, LLC, applied for a
revised conditional use permit for a planned unit development to create 16 additional
parking spaces at 1870 East Shore Drive.
WHEREAS, this permit applies to the property at 1870 East Shore Drive. The
legal description is:
LOT 1, BLOCK 1, THE SHORE OF LAKE PHALEN, RAMSEY COUNTY,
MINNESOTA THAT LIES NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE NORTH
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27 DEGREES 23 MINUTES 03 SECONDS WEST, ALONG THE SOUTHWESTERLY
LOT LINE OF SAID LOT 1, A DISTANCE OF 509.1 FEET TO THE POINT OF
BEGINNING OF THE LINE TO BE DESCRIBED; THENCE NORTH 64 DEGREES 53
MINUTES 46 SECONDS EAST A DISTANCE OF 105.83 FEET; THENCE SOUTH 61
DEGREES 19 MINUTES 41 SECONDS EAST, A DISTANCE OF 74.90 FEET TO A
POINT ON THE EASTERLY LINE OF SAID LOT 1 AND THERE TERMINATING. (PIN
16-29-22-31-0029)
WHEREAS, on July 21, 2015, the planning commission held a public hearing.
The city staff published notice in the Maplewood Review and sent a notice to the
abutting property owners. The planning commission gave everyone at the hearing a
chance to speak and present written statements. The planning commission also
considered reports and recommendations from the city staff. The planning commission
recommended that the city council approve this request.
WHEREAS, on July 21, 2015, the city council reviewed this request after
considering the recommendations of staff and the planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-
described conditional use permit because:
1. The use would be located, designed, maintained, constructed and operated to be
in conformity with the City’s Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding
area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods
of operation that would be dangerous, hazardous, detrimental, disturbing or
cause a nuisance to any person or property, because of excessive noise, glare,
smoke, dust, odor, fumes, water or air pollution, drainage, water run-off,
vibration, general unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would
not create traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including
streets, police and fire protection, drainage structures, water and sewer systems,
schools and parks.
7. The use would not create excessive additional cost for public facilities or
services.
8. The use would maximize the preservation of and incorporate the site’s natural
and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
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a. The engineering department shall review and determine approval of all final
construction and engineering plans. These plans shall comply with all
requirements as specified in the city engineering department’s June 7, 2010
review and the city engineering department’s July 10, 2015 review regarding the
overflow parking lot.
b. All construction shall follow the plans date-stamped May 24, 2010, and with
revisions as noted in this approval and the overflow parking lot shall follow the
plans date-stamped July 2, 2015. The city council may approve major changes
to the plans. City staff may approve minor changes to the plans.
c. The project is approved with 28 underground and 40 surface parking spaces.
This is a parking reduction of 142 parking spaces (210 parking spaces are
required per city code).
d. The project is approved with a 147 square foot floor area reduction in the
required unit floor area for the memory care and assisted living studio units (580
square foot units are required per city code; 433 to 578 square foot units are
proposed).
e. The project is approved with a 20-foot front yard setback along Frost Avenue for
the one-story dining room and kitchen portion of the building (30-foot front yard
setback required per city code).
f. The project is approved with a 5-foot side yard setback along the south property
line for the overflow parking lot (20-foot side yard setback is required per city
code)
g. The project is approved with storage space of not less than 30 cubic feet for the
memory care and transitional care units (120 cubic feet of storage area per unit
required per city code).
h. All signs on the property must be approved by the community design review
board.
i. Approval is conditioned on the owner constructing or funding a Gladstone
neighborhood entry monument sign at the intersection of Frost Avenue and East
Shore Drive.
j. Approval is conditioned on the applicant implementing interior or exterior signage
which reflects the previous use of the property as the St. Paul Tourist Cabin site.
k. The approved landscape plan and tree preservation requirements shall be
subject to monitoring by city staff to assure compliance. Minor modifications to
these plans shall be subject to review by staff while major modifications shall
require city council approval.
l. The proposed construction must be substantially started within one year of city
council approval or the permit shall end. The city council may extend this
deadline for one year.
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m. The city council shall review this permit in one year.
n. Approval is conditioned on the owner submitting a revised site plan for the
overflow parking lot showing location, size, and species of trees that will be
removed due to the construction of the parking lot. Applicant must follow the
city’s tree preservation and replacement requirements.
o. A sign shall be installed indicating the overflow parking lot is for employee
parking only.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
4. Consideration of a Resolution Ordering Preparation of Feasibility Study,
Bellaire Avenue Improvements (Beam to Lydia), City Project 15-16
City Engineer/Public Works Director Thompson gave the staff report and answered
questions of the council.
Councilmember Juenemann moved to approve the Resolution Ordering the Preparation
of a Feasibility Study for City Project 15-16, Bellaire Avenue Improvements.
Resolution 15-8-1244
Ordering Preparation of a Feasibility Study
WHEREAS, it is proposed to make improvements to Bellaire Avenue from Beam
Avenue to Lydia Avenue in a joint project with North Saint Paul of which the project area
is depicted in the attached map, hereby called City Project 15-16 and to assess the
benefited property for all or a portion of the cost of the improvement, pursuant to
Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
That the proposed improvement be referred to the city engineer or his designee
for study and that he is instructed to report to the council with all convenient
speed advising the council in a preliminary way as to whether the proposed
improvement is necessary, cost effective and feasible, and as to whether it
should best be made as proposed or in connection with some other
improvement, and the estimated cost of the improvement as recommended.
FURTHERMORE, funds in the amount of $8,000 are appropriated to conduct
preliminary engineering and prepare a feasibility report.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
5. Consideration to Approve Amendments to Cable Franchising Policies &
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Procedures
City Manager Coleman gave the staff report. City Attorney Kantrud gave additional
information and answered questions of the council.
Councilmember Abrams moved to approve the updated Cable Commission Policy on
Franchising Procedures.
Seconded by Councilmember Cardinal Ayes – All
The motion passed.
6. Consider Adoption of the City Council Strategic Objectives
City Manager Coleman gave the staff report.
Councilmember Juenemann moved to approve the 2016-2019 Strategic Plan Summary
and staff to prepare Action Plans [Strategic Initiatives].
Seconded by Councilmember Abrams Ayes – All
The motion passed.
K. AWARD OF BIDS
None
L. VISITOR PRESENTATION
1. Sharon Jackelen, Maplewood Resident
2. Bob Zick, North St. Paul Resident
3. Mark Bradley, Maplewood Resident
M. ADMINISTRATIVE PRESENTATIONS
1. Council Calendar Update
City Manager Coleman gave the update to the council calendar.
N. COUNCIL PRESENTATIONS
1. Gun Range
Councilmember Cardinal reported on the issues with the gun range that is located in
South Maplewood.
2. Maplewood Community Center
Councilmember Cardinal suggested that the senior study incorporate a Maplewood
Community Center Citizens Committee in their activities.
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3. Hunger Action Month
Councilmember Juenemann reminded citizens that September is Hunger Action Month
sponsored by Second Harvest and donations can be dropped off at City Hall,
Community Center, Public Works Building and the Nature Center.
4. National Night Out
Councilmember Juenemann reported that National Night Out was a huge success and
residents were very thankful for the participation of the Police and Fire Departments.
5. Green Corp
Councilmember Juenemann thanked Joe Ballandby, Green Corp member and reported
that he will be leaving Maplewood by the end of August.
6. National Night Out
Councilmember Abrams commented that National Night out was a great success.
7. Cable Commission
Councilmember Abrams gave an update on the Cable Commission Bi-Law Committee
meeting she attended.
8. Bingo Bash at Maplewood Community Center
Councilmember Abrams reported that there will be a Bingo Bash & Movie Night Event at
the Maplewood Community Center on August 13, 2015 at 5:00 p.m. Mayor Slawik
reported that Z-Puppets will also be there to do a preview.
9. Prairie Care Ground Breaking
City Manager Coleman reported that the Prairie Care Medical Group will be holding their
ground breaking ceremony at their site on Beam Avenue at 10:00 a.m. on Friday, August
14, 2015.
10. Empowerment Picnic
Mayor Slawik reported on the Empowerment Picnic she and Police Chief Schnell
attended.
Mayor Slawik reported that last Saturday the Philippine Center in Maplewood had the
Consulate General here from Chicago to hold a Consular Outreach day.
ADJOURNMENT
Mayor Slawik adjourned the meeting at 9:10 p.m.
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AGENDA
MAPLEWOOD CITY COUNCIL
SPECIAL CITY COUNCIL MEETING
4:00 P.M. Friday, August 14, 2015
City Hall, Council Chambers
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to
order at 4:04 p.m. by Mayor Slawik.
B. ROLL CALL
Nora Slawik, Mayor Present
Marylee Abrams, Councilmember Present
Robert Cardinal, Councilmember Absent
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
C. APPROVAL OF AGENDA
Councilmember Abrams moved to approve the agenda as submitted.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
D. UNFINISHED BUSINESS
None
E. NEW BUSINESS
1. Approval of the Resolution Canvassing the Results of the August 11, 2015 Municipal
Primary Election
Citizen Services Director Haag gave the staff report and answered questions of the City
Council.
Councilmember Juenemann moved to approve the Resolution Canvassing the Results of
the August 11, 2015 Municipal Primary Election.
Seconded by Councilmember Koppen Ayes – All
F. ADJOURNMENT
Mayor Slawik adjourned the meeting at 4:11 p.m.
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MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Lois Knutson, Senior Administrative Assistant
DATE: August 18, 2015
SUBJECT: Resolution Approving Commission & Board Appointments
Introduction
Currently there is one opening on the Heritage Preservation Commission and there are two
openings on the Parks & Recreation Commission. The openings are due to resignations and
term expirations. The City has advertised and accepted applications from interested individuals.
The City Council then interviewed the candidate for the commissions and filled out ballots during
the Workshop prior to this meeting. Staff has tallied the ballots.
Recommendation
Staff recommends the City Council approve the attached resolution to appoint the candidate,
Dorothy Molstad, to one of the commissions indicated.
Heritage Preservation Commission (one opening) term expires April 30, 2018
Parks & Recreation Commission (two openings) term expires April 30, 2018
*Note: Recommendation will be modified to reflect the Council votes.
Attachment:
1. Resolution for Appointment
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RESOLUTION
BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
Hereby appoints Dorothy Molstad, who has interviewed with the Maplewood City Council, to
serve on the following commission:
Heritage Preservation Commission (one opening) term expires April 30, 2018
Or
Parks & Recreation Commission (two openings) term expires April 30, 2018
*Note: Recommendation will be modified to reflect the Council votes.
F1, Attachment 1
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MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: DuWayne Konewko, Parks and Recreation Director
Jim Taylor, Parks Manager
DATE: August 24, 2015
SUBJECT: Presentation on Tuj Lub Partnership
Introduction
One of the recommendations of the Maplewood Parks System Master Plan includes the
development of the culturally significant Tuj Lub court within the City. This recommendation
also speaks directly to City Council’s goal of seeking partners to leverage resources. Over the
past year Staff has been working on a partnership with Ramsey County, The Minnesota Tuj Lub
Association, and our legislative team to bring state of the art Tuj Lub courts to Maplewood.
Members of each of these groups will be present to speak about the partnership.
Background
Through this partnership staff has secured funding to construct four courts in Keller Park. The
following members of the partnership will be present to speak about the partnership.
State Senator, Foung Hawj
State Representative, Leon Lillie
County Commissioner, Victoria Reinhardt
MN Tuj Lub Member, Chia Chue Yang
Ramsey County Parks and Recreation Director, Jon Oyanagi
There will be a groundbreaking ceremony for this project on Wednesday, September 16 at
5:00PM at the site. More information about this event will be available soon.
Recommendation
There is no recommendation
Attachments
None
F2
Packet Page Number 17 of 77
THIS PAGE IS INTENTIONALLY LEFT BLANK
Packet Page Number 18 of 77
TO:Melinda Coleman, City Manager
FROM:Gayle Bauman, Finance Director
DATE:
SUBJECT:Approval of Claims
170,449.21$ Checks # 95554 thru # 95581
dated 8/11/2014
3,598,765.25$ Disbursements via debits to checking account
dated 08/03/15 thru 08/07/15
555,255.42$ Checks #95582 thru #95633
dated 08/11/15 thru 08/18/15
8,784,474.56$ Disbursements via debits to checking account
dated 08/10/15 thru 08/14/15
13,108,944.44$ Total Accounts Payable
531,704.12$ Payroll Checks and Direct Deposits dated 08/14/15
1,151.53$ Payroll Deduction check # 9995505 thru #9995506
dated 07/31/15
532,855.65$ Total Payroll
13,641,800.09$ GRAND TOTAL
Attachments
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.
PAYROLL
MEMORANDUM
August 18, 2015
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:
G1
Packet Page Number 19 of 77
Check Description Amount
95554 05339 STORAGE RENTAL 5-22 - 6/22 125.00
95555 01337 MULCH FOR PARKS AND PW 900.00
95556 01337 FLEET SUPPORT FEES - JULY 458.64
01337 FLEET SUPPORT - JULY 427.44
95557 01409 SVCS FOR PROJ 15-14 & 11-25 381.05
95558 05026 2015 - SUMMER SESSION I - JUNE 808.50
05026 2015 - SUMMER SESSION II - JULY 693.00
95559 01811 PIZZA FOR SNACK BAR 102.00
95560 05369 CH - ULTRACLEANING SRVCS 366.31
05369 CH - CLEANING SUPPLIES 39.28
95561 03645 RENTAL BACKUP GENERATOR 06/10-07/08/1,037.50
95562 00003 ESCROW REL THOMAS ENGLISH RETAIL 1,274.31
95563 00003 ESCROW REL LINN INVEST-BZ DAYCARE 830.26
95564 00509 MEMBERSHIP RENEWAL 2015 40.00
95565 00531 BLACK DIRT - STRM SEWER RESTORATION 70.00
95566 05558 CONCERT FOR PARK DEPT EVENT 200.00
95567 02263 BOARDING/DESTR FEES JUNE 2015 332.70
95568 05476 KID CITY GRANT SERVICES 2015 981.50
95569 00827 WORK COMP RETRO ADJ 14/15 130,235.00
95570 04404 EQUIPMENT REPAIRS 559.00
95571 05503 TRANSCRIPTION SVCS - CN15003882 46.80
95572 00001 REFUND HORSE CAMP ENROLLMENT 155.00
95573 00001 REFUND T WALLACE TRANS MEDIC 94.46
95574 00001 REFUND R NEDEAU TRANS MEDIC 72.07
95575 04225 TICKETS FOR RAMSEY FAIR - DAY CAMP 300.00
95576 00198 KENNARD IRRIGATION SYSTEMS 21.70
95577 01550 JULY ELECTRICAL INSPECTIONS 6,050.30
95578 01578 SAFETY GLOVES-FLEET 237.00
01578 SAFETY GLOVES-PARKS 237.00
95579 02464 PAYING AGENT FEES 800.00
02464 PAYING AGENT FEES 800.00
95580 05525 DEER CONTROL SERVICES 1,800.89
95581 02159 AQUATIC REV SHARING - Y 75%/MCC 25%19,972.50
08/11/2015 JESSICA HUANG
08/11/2015 L M C I T
08/11/2015 WILL HALE
08/11/2015 ONE TIME VENDOR
08/11/2015 T R F SUPPLY CO.
08/11/2015 USDA, APHIS, GENERAL
ST PAUL REGIONAL WATER SRVS
08/11/2015 SUMMIT INSPECTIONS
08/11/2015 ONE TIME VENDOR
08/11/2015 ONE TIME VENDOR
08/11/2015 RAMSEY COUNTY AGRICULTURAL SOC
08/11/2015 WHITE BEAR AREA YMCA
08/11/2015 T R F SUPPLY CO.
08/11/2015 US BANK
08/11/2015 US BANK
170,449.21
08/11/2015 CUMMINS NPOWER LLC
08/11/2015 ESCROW REFUND
08/11/2015 ESCROW REFUND
08/11/2015 FIRE MARSHAL ASSN OF MN
08/11/2015 FRA-DOR INC.
08/11/2015 MASIMO AMERICAS, INC.
08/11/2015 HILLCREST ANIMAL HOSPITAL PA
08/11/2015
08/11/2015 ADVANTAGE SPORTS LLC
Check Register
City of Maplewood
08/10/2015
Date Vendor
08/11/2015 RAMSEY COUNTY-PROP REC & REV
08/11/2015 RAMSEY COUNTY-PROP REC & REV
08/11/2015 RAMSEY COUNTY-PROP REC & REV
28 Checks in this report.
08/11/2015 CHRIS MASTELL TRAILER RENTALS
08/11/2015 NET TRANSCRIPTS, INC.
08/11/2015 S E H
08/11/2015 BERNATELLO'S PIZZA
08/11/2015 CINTAS CORPORATION #470
08/11/2015 CINTAS CORPORATION #470
08/11/2015 ADVANTAGE SPORTS LLC
G1, Attachments
Packet Page Number 20 of 77
Settlement
Date Payee Description Amount
8/3/2015 MN State Treasurer Drivers License/Deputy Registrar 59,121.16
8/4/2015 MN State Treasurer Drivers License/Deputy Registrar 85,057.65
8/5/2015 MN State Treasurer Drivers License/Deputy Registrar 105,253.49
8/6/2015 MN State Treasurer Drivers License/Deputy Registrar 24,963.93
8/7/2015 MN State Treasurer Drivers License/Deputy Registrar 48,681.97
8/7/2015 MN Dept of Natural Resources DNR electronic licenses 751.50
8/6/2015 Pitney Bowes Postage 2,985.00
8/3/2015 US Bank Merchant Services Credit Card Billing fee 79.94
8/3/2015 US Bank Debt Service payments 2,988,775.47
8/6/2015 Delta Dental Dental Premium 2,950.10
8/3/2015 U.S. Treasurer Federal Payroll Tax 113,673.82
8/3/2015 P.E.R.A.P.E.R.A.110,786.28
8/3/2015 Empower - State Plan Deferred Compensation 30,777.00
8/4/2015 MidAmerica HRA Flex plan 879.21
8/4/2015 MN State Treasurer State Payroll Tax 24,028.73
3,598,765.25
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
G1, Attachments
Packet Page Number 21 of 77
Check Description Amount
95582 02464 FUNDS FOR CITY HALL ATM 10,000.00
95583 00211 PROJ 15-11 PROF SRVS THRU 7/17 11,117.50
00211 PROJ 12-09 PROF SRVS THRU 7/10 971.00
95584 05028 CITY HALL SOLAR SYSTEM LEASE-AUG 397.00
05028 MCC SOLAR SYSTEM LEASE - AUGUST 369.00
95585 01973 CAR WASHES AT FREEDOM - JULY 11.20
95586 00687 TREE REMOVAL - 2559 GERMAIN 850.00
00687 TREE REMOVAL - 2620 BENLANA CT 650.00
00687 TREE TRIMMING - 1889 FLANDRAU 350.00
95587 05353 CONTRACT GASOLINE - AUGUST 10,951.92
05353 CONTRACT DIESEL - AUGUST 7,849.74
95588 01202 MAPLEWOOD LIVING & POSTAGE-AUG 7,820.23
95589 01337 PLANTS NC YARD/COMMUNITY GARDEN 99.00
95590 01574 BITUMINOUS MATERIALS 345.58
01574 BITUMINOUS MATERIALS -272.97
95591 05305 CONTRACT 500-0264726 414.32
05305 CONTRACT 500-0264717 129.79
05305 CONTRACT 500-0264705 5.63
95592 01190 ELECTRIC UTILITY 1,210.96
95593 05559 INITIAL SETUP ONLINE ENROLLMENT 1,000.00
95594 01811 MDSE FOR RESALE 102.00
95595 03486 BLACK DIRT HAZELWOOD SOCCER #6 840.00
95596 03130 CRIMINAL PROSECUTION - JULY 9,392.92
03130 DATA PRACTICES/BODY CAMERA-JULY 2,198.00
03130 CODE/ORDINANCE ENFORCEMENT-JULY 1,887.86
95597 00279 SIDEWALK REPAIR - CITY HALL 1,123.00
00279 SIDEWALK REPAIR - CITY HALL 1,059.00
00279 SIDEWALK REPAIR - CITY HALL 963.00
00279 SIDEWALK REPAIR - CITY HALL 931.00
95598 05369 CLEANING SUPPLIES - CITY HALL 106.71
95599 05507 MDSE FOR RESALE 852.48
95600 00382 LOCKSMITH SRVS FOR PD 211.50
95601 00403 CHARITALBE GAMBLING 1,280.00
95602 00420 SQUAD DETAILING SRVS SQUAD #944 194.20
95603 02263 BOARDING & DESTRUCTION FEES-JULY 394.00
95604 00713 MAPLEWOOD POLICE PATCHES 334.95
95605 05030 EQUIP LEASE - MCC - PMT#37 4,344.07
95606 00827 INSURANCE PREMIUM JULY-SEPT 2015 57,168.75
95607 05463 COMMISSIONER'S HEARING 781.25
95608 00875 PRINTING SERVICES 04/01 - 06/30 5,396.16
95609 00896 MEMBERSHIP FOR ALEC KNUTSON 30.00
95610 00942 JANITORIAL SERVICES - AUGUST 2,776.00
95611 03818 REFUND TRANS MEDIC PD WORK COMP 1,777.01
95612 00001 REIMB C REMACKEL FIXING CONCRETE 3,500.00
95613 00001 REFUND C HUOT PORTION LIQUOR LIC 1,750.00
00001 REFUND C HUOT PORTION FOOD EST LIC 336.50
95614 00001 REFUND CONSUMER CHOICE SRVS SWIM 364.00
95615 00001 REFUND E SKOK TRANS MEDIC 96.18
95616 00001 REFUND W REILEY TRANS MEDIC 50.67
95617 02903 PROJ 14-01 PHASE 2 PMT#1 350,448.67
95618 02008 LAMPING SRVS 61&ROSELAWN JAN-JUNE 364.19
02008 LAMPING SRVS 120/CONWAY JAN-JUNE 148.46
02008 EMERGENCY VEH PRE-EMPTION SRVS 120.86
95619 01359 VEHICLE WASHES - JULY 68.16
95620 04130 QUARTERLY MAINT - 1902 PW 8/1-10/31 675.96
08/18/2015 RAMSEY COUNTY PUBLIC WORKS
08/18/2015 RAMSEY COUNTY PUBLIC WORKS
08/18/2015 REGAL AUTO WASH BILLING
08/18/2015 SCHINDLER ELEVATOR CORP
08/18/2015 CAMPBELL KNUTSON P.A.
08/18/2015 ONE TIME VENDOR
08/18/2015 ONE TIME VENDOR
08/18/2015 RAMSEY COUNTY-PROP REC & REV
08/18/2015 APPRIZE TECHNOLOGY SOLUTIONS
08/18/2015 BERNATELLO'S PIZZA
08/18/2015 T A SCHIFSKY & SONS, INC
08/18/2015 T A SCHIFSKY & SONS, INC
08/18/2015 TOSHIBA FINANCIAL SERVICES (1)
08/18/2015 CEMSTONE PRODUCTS CO.
08/18/2015 CEMSTONE PRODUCTS CO.
08/18/2015 CAMPBELL KNUTSON P.A.
HUGO'S TREE CARE INC
08/18/2015 ENERGY ALTERNATIVES SOLAR, LLC
08/18/2015 ERICKSON OIL PRODUCTS INC
08/18/2015 HUGO'S TREE CARE INC
08/18/2015 BRAUN INTERTEC CORP.
08/18/2015 BRAUN INTERTEC CORP.
08/18/2015 ENERGY ALTERNATIVES SOLAR, LLC
Check Register
City of Maplewood
08/13/2015
Date Vendor
08/18/2015 BUBERL BLACK DIRT INC
08/18/2015 TOSHIBA FINANCIAL SERVICES (1)
08/18/2015 TOSHIBA FINANCIAL SERVICES (1)
08/18/2015 XCEL ENERGY
MANSFIELD OIL CO
08/18/2015
08/18/2015 HUGO'S TREE CARE INC
08/18/2015 MANSFIELD OIL CO
08/18/2015
NYSTROM PUBLISHING CO INC
08/11/2015 US BANK
08/18/2015
08/18/2015 CAMPBELL KNUTSON P.A.
08/18/2015 CEMSTONE PRODUCTS CO.
08/18/2015 CEMSTONE PRODUCTS CO.
08/18/2015 CINTAS CORPORATION #470
08/18/2015 COCA-COLA REFRESHMENTS
08/18/2015 DAVIS LOCK & SAFE
08/18/2015 DISPUTE RESOLUTION CENTER
08/18/2015 DOWNTOWNER DETAIL CENTER
08/18/2015 HILLCREST ANIMAL HOSPITAL PA
08/18/2015 I T L PATCH COMPANY INC
08/18/2015 KANSAS STATE BANK OF MANHATTAN
08/18/2015 L M C I T
08/18/2015 ALAN P LEIRNESS
08/18/2015 LOFFLER BUSINESS SYSTEMS
08/18/2015 M C M A
08/18/2015 ONE TIME VENDOR
08/18/2015 PARK CONSTRUCTION CO
08/18/2015 RAMSEY COUNTY PUBLIC WORKS
08/18/2015 MARSDEN BLDG MAINTENANCE CO
08/18/2015 MEDICA
08/18/2015 ONE TIME VENDOR
08/18/2015 ONE TIME VENDOR
08/18/2015 ONE TIME VENDOR
G1, Attachments
Packet Page Number 22 of 77
95621 05515 COMMUNICATION CONSULTANT-JUNE 330.00
95622 00198 WATER UTILITY 2,363.25
95623 01836 A/C ASPHALT 976.35
01836 TUITION FEE PDI TRAINING S HIEBERT 149.00
01836 RADIO MAINT & SRVS - JUNE 137.35
95624 01545 SRA ASSESSMENTS 2ND HALF 2015 1,600.00
95625 05320 SUNTONE CHALLANGE COINS 1,072.50
95626 02686 EVIDENCE.COM STORAGE & LICENSE 2,136.96
95627 05458 DUP TITLE FOR TOWMASTER TRAILER 50.00
95628 05528 CONTRACT 7950665-003 426.60
05528 CONTRACT 7950665-001 319.54
05528 CONTRACT 7950665-002 245.02
95629 01653 PART MADE FOR L1 383.96
95630 02464 PAYING AGENT FEES 450.00
02464 PAYING AGENT FEES 450.00
95631 00063 MONTHLY PMT 06/17 - 07/16 8,302.48
95632 03186 PROD OF DOCS - CN 15010988 43.00
95633 02159 MGMT & MARKETING SRVS MCC 29,482.00
555,255.4252Checks in this report.
08/18/2015 WELLS FARGO SERVICES CO
08/18/2015 WHITE BEAR AREA YMCA
08/18/2015 TOSHIBA FINANCIAL SERVICES (2)
08/18/2015 TRUCK UTILITIES & MANUF CO
08/18/2015 US BANK
08/18/2015 US BANK
08/18/2015 VERIZON WIRELESS
08/18/2015 SUN BADGE CO
08/18/2015 TASER INTL
08/18/2015 TITAN MACHINERY INC
08/18/2015 TOSHIBA FINANCIAL SERVICES (2)
08/18/2015 TOSHIBA FINANCIAL SERVICES (2)
08/18/2015 ST PAUL REGIONAL WATER SRVS
08/18/2015 ST PAUL, CITY OF
08/18/2015 ST PAUL, CITY OF
08/18/2015 ST PAUL, CITY OF
08/18/2015 SUBURBAN RATE AUTHORITY
08/18/2015 LEAH SPIELMAN
G1, Attachments
Packet Page Number 23 of 77
Settlement
Date Payee Description Amount
8/10/2015 MN State Treasurer Drivers License/Deputy Registrar 64,998.73
8/11/2015 MN State Treasurer Drivers License/Deputy Registrar 41,521.91
8/12/2015 MN State Treasurer Drivers License/Deputy Registrar 70,926.12
8/12/2015 Delta Dental Dental Premium 2,238.79
8/13/2015 MN State Treasurer Drivers License/Deputy Registrar 69,205.08
8/13/2015 US Bank Debt Service payments 8,447,780.35
8/14/2015 MN State Treasurer Drivers License/Deputy Registrar 28,255.14
8/14/2015 US Bank VISA One Card*Purchasing card items 48,828.74
8/14/2015 Optum Health DCRP & Flex plan payments 6,098.70
8/14/2015 ICMA (Vantagepointe)Deferred Compensation 3,875.00
8/14/2015 MN Dept of Natural Resources DNR electronic licenses 746.00
8,784,474.56
*Detailed listing of VISA purchases is attached.
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
G1, Attachments
Packet Page Number 24 of 77
Transaction Date Posting Date Merchant Name Transaction Amount Name
07/28/2015 07/31/2015 PAKOR, INC.$446.76 REGAN BEGGS
07/30/2015 08/03/2015 OFFICE DEPOT #1090 $187.03 REGAN BEGGS
07/30/2015 08/03/2015 OFFICE DEPOT #1079 $115.37 REGAN BEGGS
08/04/2015 08/06/2015 ST PAUL STAMP WORKS INC $90.98 REGAN BEGGS
07/23/2015 07/27/2015 EL CAMINO LITTLE ITALY $30.92 CHAD BERGO
07/23/2015 07/27/2015 ADOBE *IL CREATIVE CLD $21.41 CHAD BERGO
07/23/2015 07/27/2015 DELTA AIR 0068273351697 $25.00 CHAD BERGO
07/24/2015 07/27/2015 TENDER GREENS DOWNTOWN $18.93 CHAD BERGO
07/24/2015 07/27/2015 SAFFRON THAI $17.68 CHAD BERGO
07/24/2015 07/27/2015 WESTIN SAN DIEGO $1,419.25 CHAD BERGO
07/28/2015 07/29/2015 STONE MOUNTAIN PET LODG $208.20 BRIAN BIERDEMAN
08/04/2015 08/06/2015 OFFICEMAX/OFFICE DEPOT616 $63.17 BRIAN BIERDEMAN
07/23/2015 07/27/2015 MISSISSIPPI MARKET - S $22.75 OAKLEY BIESANZ
08/06/2015 08/07/2015 U OF M ARBORETUM ADLT ED $80.00 OAKLEY BIESANZ
08/06/2015 08/07/2015 THE WEBSTAURANT STORE $77.41 OAKLEY BIESANZ
07/29/2015 07/31/2015 RED WING SHOE #727 $200.00 JASON BRASH
07/27/2015 07/28/2015 CUB FOODS-SUN RAY $38.51 NEIL BRENEMAN
07/29/2015 07/30/2015 WILD MOUNTAIN $243.99 NEIL BRENEMAN
07/30/2015 07/31/2015 ROAD ID SAFETY GEAR $6.96 NEIL BRENEMAN
08/05/2015 08/06/2015 MICHAELS STORES 2744 $35.92 NEIL BRENEMAN
08/06/2015 08/06/2015 SWANK MOTION PICTURES IN $376.01 NEIL BRENEMAN
07/24/2015 07/27/2015 ESCH CONSTRUCTION SUPPLY $199.00 TROY BRINK
07/29/2015 07/31/2015 DIAMOND VOGEL PAINT #807 $413.50 TROY BRINK
08/05/2015 08/07/2015 DIAMOND VOGEL PAINT #807 $561.00 TROY BRINK
08/06/2015 08/07/2015 DAVIS LOCK & SAFE $90.00 TROY BRINK
07/29/2015 07/31/2015 NAPA STORE 3279016 $71.88 BRENT BUCKLEY
08/04/2015 08/05/2015 JOHN DEERE LANDSCAPES530 $122.66 BRENT BUCKLEY
08/02/2015 08/03/2015 AMAZON.COM $25.25 SARAH BURLINGAME
08/02/2015 08/03/2015 AMAZON.COM $35.34 SARAH BURLINGAME
08/04/2015 08/06/2015 ZCOVER INC.$53.64 SARAH BURLINGAME
07/28/2015 07/29/2015 UNIFORMS UNLIMITED INC.$39.50 JOHN CARNES
07/28/2015 07/29/2015 UNIFORMS UNLIMITED INC.$79.98 JOHN CARNES
07/27/2015 07/29/2015 RED WING SHOE #727 $91.00 NICHOLAS CARVER
08/06/2015 08/07/2015 EB EXTERIOR ENVELOPE $100.00 NICHOLAS CARVER
07/23/2015 07/27/2015 THE HOME DEPOT 2801 $118.97 SCOTT CHRISTENSON
07/24/2015 07/27/2015 THE HOME DEPOT 2801 $10.48 SCOTT CHRISTENSON
07/29/2015 07/30/2015 MENARDS OAKDALE $29.44 SCOTT CHRISTENSON
07/29/2015 07/30/2015 MENARDS OAKDALE $22.08 SCOTT CHRISTENSON
08/03/2015 08/04/2015 G&K SERVICES AR $236.24 SCOTT CHRISTENSON
07/25/2015 07/27/2015 MENARDS OAKDALE $12.34 CHARLES DEAVER
07/28/2015 07/29/2015 SUNRAY TRUE VALUE $4.08 CHARLES DEAVER
08/01/2015 08/03/2015 ADAMS PEST CONTROL $68.90 CHARLES DEAVER
08/04/2015 08/05/2015 G&K SERVICES AR $27.16 CHARLES DEAVER
07/30/2015 07/31/2015 AMAZON MKTPLACE PMTS $25.47 JOSEPH DEMULLING
07/24/2015 07/27/2015 THE HOME DEPOT 2801 $16.17 TOM DOUGLASS
07/27/2015 07/28/2015 COMMERCIAL POOL & SPA SUP $374.75 TOM DOUGLASS
07/27/2015 07/29/2015 THE HOME DEPOT 2801 $25.83 TOM DOUGLASS
07/30/2015 07/31/2015 COMMERCIAL POOL & SPA SUP $68.78 TOM DOUGLASS
08/03/2015 08/04/2015 G&K SERVICES AR $397.92 TOM DOUGLASS
08/03/2015 08/04/2015 HENRIKSEN ACE HARDWARE $1.55 TOM DOUGLASS
08/04/2015 08/04/2015 ADAMS PEST CONTROL $148.88 TOM DOUGLASS
08/04/2015 08/06/2015 BREDEMUS HARDWARE CO INC $1,038.00 TOM DOUGLASS
08/05/2015 08/06/2015 HENRIKSEN ACE HARDWARE $8.98 TOM DOUGLASS
08/06/2015 08/07/2015 NUCO2 LLC $215.04 TOM DOUGLASS
08/06/2015 08/07/2015 NUCO2 LLC $148.81 TOM DOUGLASS
G1, Attachments
Packet Page Number 25 of 77
08/06/2015 08/07/2015 NUCO2 LLC $146.72 TOM DOUGLASS
08/06/2015 08/07/2015 NUCO2 LLC $159.51 TOM DOUGLASS
07/25/2015 07/27/2015 CMI INC $80.56 MICHAEL DUGAS
08/03/2015 08/04/2015 ALLEN PRECISION $206.01 ANDREW ENGSTROM
07/29/2015 07/31/2015 FIRST SHRED $13.00 CHRISTINE EVANS
07/30/2015 07/31/2015 US FOODS 3F $518.82 CHRISTINE EVANS
07/31/2015 08/03/2015 OFFICEMAX/OFFICE DEPOT616 $26.77 PAUL E EVERSON
07/25/2015 07/27/2015 IDU*INSIGHT PUBLIC SEC $3,944.95 NICK FRANZEN
07/29/2015 07/30/2015 IDU*INSIGHT PUBLIC SEC $1,101.96 NICK FRANZEN
07/30/2015 07/31/2015 BEST BUY MHT 00000109 $26.77 NICK FRANZEN
07/31/2015 08/03/2015 SOLARWINDS $109.00 NICK FRANZEN
08/05/2015 08/05/2015 DRI*NUANCE $214.24 NICK FRANZEN
08/05/2015 08/06/2015 SYM*SECURE SITE SSL $873.00 NICK FRANZEN
08/05/2015 08/07/2015 MONOPRICE INC $57.33 NICK FRANZEN
07/29/2015 07/31/2015 THE HOME DEPOT 2801 $39.00 VIRGINIA GAYNOR
07/30/2015 07/31/2015 USPS 26833800033400730 $21.02 CAROLE GERNES
07/27/2015 07/28/2015 TUNDRA SPECIALTIES INC $27.59 CHRISTINE GIBSON
07/27/2015 07/29/2015 ACE OF SALES $20.00 CHRISTINE GIBSON
07/30/2015 08/03/2015 BROADWAY RENTAL $209.69 CHRISTINE GIBSON
07/31/2015 08/03/2015 TUNDRA SPECIALTIES INC $89.60 CHRISTINE GIBSON
08/01/2015 08/03/2015 WEDDINGPAGES INC $335.84 CHRISTINE GIBSON
08/03/2015 08/04/2015 TUNDRA SPECIALTIES INC $18.36 CHRISTINE GIBSON
08/05/2015 08/06/2015 TUNDRA SPECIALTIES INC $72.06 CHRISTINE GIBSON
07/24/2015 07/27/2015 IN OUT AND STORES, INC $5.00 JAN GREW HAYMAN
07/24/2015 07/27/2015 OAKDALE CUB FOODS $2.98 JAN GREW HAYMAN
07/30/2015 07/31/2015 FASTENAL COMPANY01 $86.05 MARK HAAG
08/04/2015 08/05/2015 HENRIKSEN ACE HARDWARE $4.38 TAMARA HAYS
07/24/2015 07/27/2015 HENRIKSEN ACE HARDWARE $25.98 GARY HINNENKAMP
07/31/2015 08/03/2015 LTG POWER EQUIPMENT $59.25 GARY HINNENKAMP
08/04/2015 08/05/2015 LTG POWER EQUIPMENT $113.02 GARY HINNENKAMP
08/04/2015 08/05/2015 JOHN DEERE LANDSCAPES530 $741.20 GARY HINNENKAMP
08/06/2015 08/07/2015 HENRIKSEN ACE HARDWARE $17.10 GARY HINNENKAMP
07/31/2015 08/03/2015 FEDEX 781069228195 $11.38 TIMOTHY HOFMEISTER
07/29/2015 07/30/2015 KNOWLAN'S MARKET #2 $36.99 ANN HUTCHINSON
07/30/2015 07/31/2015 KNOWLAN'S MARKET #2 $3.99 ANN HUTCHINSON
07/23/2015 07/27/2015 GARY CARLSON EQUIPMENT $196.00 DON JONES
07/28/2015 07/30/2015 THE HOME DEPOT 2801 $31.20 DON JONES
07/24/2015 07/27/2015 SUNCTRYAIR 3372108678310 $376.20 LOIS KNUTSON
07/29/2015 07/31/2015 FIRST SHRED $80.30 LOIS KNUTSON
07/29/2015 07/31/2015 HONEYBAKED HAM 2527 $145.10 LOIS KNUTSON
07/30/2015 07/31/2015 CURTIS 1000 INC.$104.53 LOIS KNUTSON
08/03/2015 08/04/2015 PARTY CITY #768 $183.98 NICHOLAS KREKELER
08/05/2015 08/06/2015 THOMSON WEST*TCD $337.49 DAVID KVAM
07/27/2015 07/29/2015 ASPEN MILLS INC.$56.95 STEVE LUKIN
07/29/2015 07/30/2015 FEDEXOFFICE 00006171 $60.55 STEVE LUKIN
07/30/2015 08/03/2015 ESCH CONSTRUCTION SUPPLY $675.00 STEVE LUKIN
08/02/2015 08/03/2015 COMCAST CABLE COMM $2.25 STEVE LUKIN
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G1, Attachments
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$48,828.74
G1, Attachments
Packet Page Number 28 of 77
CHECK #CHECK DATE EMPLOYEE NAME
-47.38
36.23
COLEMAN, MELINDA 5,925.56
08/14/15 FUNK, MICHAEL 5,079.30
08/14/15 BAUMAN, GAYLE 5,177.29
08/14/15 OSWALD, BRENDA 1,967.62
08/14/15
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
Exp Reimb,
Severance,
Conversion
incl in AmountAMOUNT
08/14/15 ABRAMS, MARYLEE 430.99
08/14/15 CARDINAL, ROBERT 430.99
08/14/15 JUENEMANN, KATHLEEN 430.99
08/14/15 KOPPEN, MARVIN 430.99
08/14/15 SLAWIK, NORA 489.68
08/14/15 SHORTREED, MICHAEL 4,379.47
08/14/15 WYLIE, TAMMY 1,512.70
08/14/15 ABEL, CLINT
08/14/15 CARLE, JEANETTE 105.00
08/14/15 JAGOE, CAROL 126.00
08/14/15 MAHRE, GERALDINE
08/14/15 PALANK, MARY 2,027.02
08/14/15 SCHNELL, PAUL 5,161.92
08/14/15 SHEPPERD, FAITH
08/14/15 BUSACK, DANIEL 4,147.19
08/14/15 CARNES, JOHN 2,968.69
08/14/15 ARNOLD, AJLA 1,867.10
08/14/15 BEGGS, REGAN 1,803.20
08/14/15 KNUTSON, LOIS 2,503.61
08/14/15 CHRISTENSON, SCOTT 2,193.67
08/14/15 JAHN, DAVID 1,978.22
08/14/15 BURLINGAME, SARAH 2,333.12
08/14/15 KNUTSON, ALEC 492.00
08/14/15 RAMEAUX, THERESE 3,283.59
08/14/15 ANDERSON, CAROLE 1,250.94
08/14/15 DEBILZAN, JUDY 2,257.97
08/14/15 RUEB, JOSEPH 3,180.20
08/14/15 SPANGLER, EDNA 1,230.66
08/14/15 CRAWFORD, LEIGH 1,888.37
08/14/15 LARSON, MICHELLE 2,056.62
08/14/15 HAAG, KAREN 4,860.99
08/14/15 LO, CHING 936.04
08/14/15 SCHMIDT, DEBORAH 3,248.90
08/14/15 RICHTER, CHARLENE 1,133.02
08/14/15 VITT, SANDRA 1,213.27
08/14/15 WEAVER, KRISTINE 2,507.39
08/14/15 MECHELKE, SHERRIE 1,236.81
08/14/15 MOY, PAMELA 1,751.54
08/14/15 OSTER, ANDREA 2,027.03
2,003.88
102.00
08/14/15 THOMALLA, CAROL 81.00
08/14/15 CORCORAN, THERESA 2,022.59
08/14/15 KVAM, DAVID 4,506.18
08/14/15 BELDE, STANLEY 3,521.54
08/14/15 BENJAMIN, MARKESE 3,033.16
08/14/15 BIERDEMAN, BRIAN 4,090.60
3,227.42
08/14/15 ALDRIDGE, MARK 3,850.96
08/14/15 BAKKE, LONN 3,426.57
08/14/15 BARTZ, PAUL 4,015.10
G1, Attachments
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08/14/15 GABRIEL, ANTHONY 3,531.52
08/14/15 HAWKINSON JR, TIMOTHY 3,150.30
08/14/15 CROTTY, KERRY
08/14/15 FISHER, CASSANDRA 1,727.72
08/14/15 FORSYTHE, MARCUS 3,073.58
08/14/15 FRITZE, DEREK 3,396.29
3,986.41
08/14/15 KROLL, BRETT 3,198.58
08/14/15 LANGNER, SCOTT 3,135.98
08/14/15 LANGNER, TODD
08/14/15 HER, PHENG 3,294.92
08/14/15 HIEBERT, STEVEN 3,455.19
08/14/15 HOEMKE, MICHAEL
08/14/15 JOHNSON, KEVIN 4,239.15
08/14/15 KONG, TOMMY 3,198.58
08/14/15 KREKELER, NICHOLAS
08/14/15 SOE, EHDOH 464.00
08/14/15 STEINER, JOSEPH 3,472.94
08/14/15 SYPNIEWSKI, WILLIAM
08/14/15 NYE, MICHAEL 3,867.04
08/14/15 OLDING, PARKER 2,591.58
08/14/15 OLSON, JULIE
08/14/15 REZNY, BRADLEY 3,595.52
08/14/15 SCHOEN, ZACHARY 2,623.74
08/14/15 SLATER, BENJAMIN
08/14/15 CRAWFORD - JR, RAYMOND 3,148.85
08/14/15 CRUMMY, CHARLES 524.05
08/14/15 DABRUZZI, THOMAS
08/14/15 ZAPPA, ANDREW 2,311.21
08/14/15 ANDERSON, BRIAN 360.09
08/14/15 BAHL, DAVID
08/14/15 BOURQUIN, RON 1,256.24
08/14/15 CAPISTRANT, JACOB 295.79
08/14/15 CAPISTRANT, JOHN
08/14/15 DEMULLING, JOSEPH 3,862.29
08/14/15 DUGAS, MICHAEL 4,491.24
08/14/15 ERICKSON, VIRGINIA 3,455.19
1,340.95
2,399.47
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08/14/15 JASKOWIAK, AMANDA 480.00
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08/14/15 MICHELETTI, BRIAN 3,136.02
08/14/15 MULVIHILL, MARIA 2,399.47
3,277.24
08/14/15 LYNCH, KATHERINE 3,133.71
08/14/15 MARINO, JASON 3,213.19
08/14/15 MCCARTY, GLEN 3,648.53
2,399.47
3,187.01
08/14/15 PARKER, JAMES 3,073.58
08/14/15 PATRAW, AMY 659.75
08/14/15 PETERSON, JARED 2,082.49
08/14/15 VANG, PAM 2,232.36
08/14/15 WENZEL, JAY 3,198.58
08/14/15 XIONG, KAO 3,198.58
3,135.98
08/14/15 TAUZELL, BRIAN 3,322.59
08/14/15 THEISEN, PAUL 3,369.34
08/14/15 THIENES, PAUL 4,172.88
292.50
180.00
08/14/15 BASSETT, BRENT 405.13
08/14/15 BAUMAN, ANDREW 4,306.93
08/14/15 BEITLER, NATHAN 308.64
08/14/15 HALE, JOSEPH 168.75
08/14/15 HALWEG, JODI 3,843.87
08/14/15 HAWTHORNE, ROCHELLE 2,838.46
2,659.67
08/14/15 DAWSON, RICHARD 3,712.69
08/14/15 EVERSON, PAUL 4,165.58
08/14/15 HAGEN, MICHAEL 659.08
G1, Attachments
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08/14/15 JANSEN, CHAD 160.75
08/14/15 JUREK, GREGORY 154.33
08/14/15 KANE, ROBERT
08/14/15 HUTCHINSON, JAMES 630.00
08/14/15 IMM, TRACY 527.28
907.50
08/14/15 PACHECO, ALPHONSE 456.56
08/14/15 PARROW, JOSHUA 360.09
08/14/15 PETERSON, MARK
08/14/15 MERKATORIS, BRETT 459.77
08/14/15 MONDOR, MICHAEL 3,958.19
08/14/15 MONSON, PETER
08/14/15 NOVAK, JEROME 3,098.72
08/14/15 NOWICKI, PAUL 250.78
08/14/15 OLSON, JAMES
08/14/15 BUCKLEY, BRENT 2,411.75
08/14/15 DEBILZAN, THOMAS 2,302.49
08/14/15 EDGE, DOUGLAS
08/14/15 STREFF, MICHAEL 3,019.29
08/14/15 SVENDSEN, RONALD 4,163.24
08/14/15 TROXEL, REID
08/14/15 CORTESI, LUANNE 2,020.45
08/14/15 SINDT, ANDREA 2,654.60
08/14/15 BRINK, TROY
08/14/15 JANASZAK, MEGHAN 1,985.97
08/14/15 KONEWKO, DUWAYNE 4,922.81
08/14/15 TEVLIN, TODD 2,300.27
08/14/15 BURLINGAME, NATHAN 2,463.20
08/14/15 DUCHARME, JOHN
08/14/15 LOVE, STEVEN 3,929.35
08/14/15 THOMPSON, MICHAEL 5,152.44
08/14/15 ZIEMAN, SCOTT 848.00
2,915.02
08/14/15 DELISLE JR, JACQUES 792.00
08/14/15 HAMRE, MILES 1,955.05
08/14/15 HAYS, TAMARA
08/14/15 KUBAT, ERIC 3,762.65
08/14/15 LINDER, TIMOTHY 3,909.53
08/14/15 LOCHEN, MICHAEL 780.35
08/14/15 KARRAS, JAMIE 688.05
08/14/15 KERSKA, JOSEPH 842.38
08/14/15 KONDER, RONALD 662.33
2,840.55
308.66
08/14/15 MORGAN, JEFFERY 327.36
08/14/15 NEILY, STEVEN 758.77
08/14/15 NIELSEN, KENNETH 446.25
08/14/15 RODDY, BRETT 231.49
08/14/15 RODRIGUEZ, ROBERTO 154.33
08/14/15 SEDLACEK, JEFFREY 3,784.59
360.00
08/14/15 PETERSON, ROBERT 3,237.37
08/14/15 POWERS, KENNETH 546.56
08/14/15 RICE, CHRISTOPHER 45.01
2,811.37
591.59
08/14/15 GERVAIS-JR, CLARENCE 4,239.86
08/14/15 LUKIN, STEVEN 4,939.44
08/14/15 ZWIEG, SUSAN 1,238.03
08/14/15 OSWALD, ERICK 2,364.52
08/14/15 RUIZ, RICARDO 1,902.67
08/14/15 RUNNING, ROBERT 2,699.89
2,272.10
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08/14/15 MEISSNER, BRENT 2,300.27
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08/14/15 ENGSTROM, ANDREW 2,989.42
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08/14/15 LINDBLOM, RANDAL 3,102.42
1,919.85
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08/14/15 NAUGHTON, JOHN 2,328.48
G1, Attachments
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195.90
08/14/15 BIESANZ, OAKLEY 1,526.68
08/14/15 DEAVER, CHARLES 550.55
08/14/15 GERNES, CAROLE
08/14/15 ORE, JORDAN 2,005.72
08/14/15 RANWEILER, GABRIEL 792.00
08/14/15 SALCHOW, CONNOR
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08/14/15 WELLENS, MOLLY 2,026.08
08/14/15 BALLESTRAZZE, THAD
08/14/15 JOHNSON, ELIZABETH 1,580.11
08/14/15 KROLL, LISA 2,100.37
08/14/15 FINWALL, SHANN
08/14/15 CARVER, NICHOLAS 4,473.03
08/14/15 SWAN, DAVID 2,939.57
08/14/15 SWANSON, CHRIS
08/14/15 SLAWIK, VICTORIA 648.00
08/14/15 TAYLOR, JAMES 3,400.88
08/14/15 VUKICH, CANDACE
08/14/15 KONEWKO, QUINN 378.00
08/14/15 KONG, KATELYNE 25.88
08/14/15 LARSON, KATELYN
08/14/15 ROBBINS, CAMDEN 246.75
08/14/15 RYCHLICKI, NICHOLE 760.00
08/14/15 SIEVERT, ALEXIS
08/14/15 DIONNE, ANN 711.38
08/14/15 EVANS, CHRISTINE 2,049.31
08/14/15 GIBSON, CHRISTINE
08/14/15 BARAHONA, FREYA 371.25
08/14/15 CRANDALL, KRISTA 151.21
2,065.43
08/14/15 SMITH, CORTNEY 230.00
08/14/15 ST SAUVER, CRAIG 514.51
08/14/15 THOMASSON, NANCY
880.00
08/14/15 NORDQUIST, RICHARD 2,412.63
08/14/15 WACHAL, KAREN 1,022.49
08/14/15 GAYNOR, VIRGINIA 3,478.53
08/14/15 HOIER, KARA 794.46
682.52
08/14/15 HAYMAN, JANET 1,240.83
08/14/15 HUTCHINSON, ANN 2,845.81
08/14/15 SOUTTER, CHRISTINE 183.75
1,951.57
3,713.97
08/14/15 LORENZ, DANIELA 1,113.75
08/14/15 MARTIN, MICHAEL 3,338.93
08/14/15 BRASH, JASON 2,855.87
08/14/15 GORACKI, GERALD 26.13
08/14/15 GUENTHER, THOMAS 1,440.00
08/14/15 JACOBS, ROCHELLE 180.00
320.00
08/14/15 BJORK, BRANDON 1,036.00
08/14/15 BRENEMAN, NEIL 2,533.34
08/14/15 ETTER, LAURA 98.00
288.00
448.63
08/14/15 LARSON, MARIAH 256.50
08/14/15 MOUA, CHEE 22.50
08/14/15 ROBBINS, AUDRA 3,570.21
08/14/15 JENSEN, JOSEPH 1,815.47
08/14/15 SCHULTZ, SCOTT 3,727.15
08/14/15 WILBER, JEFFREY 1,797.99
770.50
08/14/15 ZILLEY, MATTHEW 33.00
08/14/15 ADAMS, DAVID 2,185.60
08/14/15 HAAG, MARK 2,532.69
08/14/15 MILLER, KAREN 130.00
08/14/15 RUZICHKA, JANICE 317.50
08/14/15 SKRYPEK, JOSHUA 532.88
08/14/15 HOFMEISTER, MARY 1,165.93
08/14/15 KRECH, TRAVIS 414.38
08/14/15 KUHN, MATTHEW 225.00
45.00
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101.78
9995502 08/14/15 CHRISTOPHER, KYLE 576.00
08/14/15 BERGO, CHAD 2,907.76
08/14/15 FOWLDS, MYCHAL 4,296.38
08/14/15 FRANZEN, NICHOLAS 3,212.56
08/14/15 GRUENHAGEN, LINDA 339.54
08/14/15 GUSTAFSON, BRENDA 239.00
08/14/15 HAASCH, ANGELA
08/14/15 BEAR, AMANDA 241.50
08/14/15 DEMPSEY, BETH 388.90
08/14/15 ERICKSON-CLARK, CAROL
08/14/15 OHS, CYNTHIA 177.75
08/14/15 RANEY, COURTNEY 801.39
08/14/15 REHLING-ANDERSON, LORIE
08/14/15 ROMERO, JENNIFER 75.50
08/14/15 SMITH, ANN 83.20
08/14/15 SMITH, JEROME 190.00
08/14/15 SMITLEY, SHARON
08/14/15 TUPY, HEIDE 23.15
248.42
08/14/15 SYME, LAUREN 29.58
08/14/15 TREPANIER, TODD 267.39
08/14/15 TRUONG, CHAU 98.00
733.40
08/14/15 AUSTIN, CATHERINE 207.00
08/14/15 CRAWFORD, SHAWN 500.00
08/14/15 WAKEM, CAITLYN 18.00
08/14/15 YANG, JUDY 66.00
08/14/15 BILJAN, MERANDA
08/14/15 ELLISON, LELIA 164.25
08/14/15 FRANZMEIER, EILEEN 164.13
08/14/15 LANGER, CHELSEA 147.25
18.75
08/14/15 WISTL, MOLLY 372.76
08/14/15 BAUDE, JANE 6.83
08/14/15 BAUDE, SARAH 14.06
08/14/15 MCKILLOP, AMANDA 175.52
08/14/15 MUSKAT, JULIE 136.52
08/14/15 NITZ, CARA 576.17
33.25
08/14/15 HOLMBERG, LADONNA 174.26
08/14/15 JOHNSON, BARBARA 416.26
08/14/15 LAMSON, ELIANA 45.63
271.02
140.00
08/14/15 RESENDIZ, LORI 2,911.25
08/14/15 RICHTER, DANIEL 114.90
08/14/15 ROLLERSON, TERRANCE 75.95
08/14/15 SCHERER, KATHLENE 101.01
08/14/15 SCHREIER, ROSEMARIE
08/14/15 BOSLEY, CAROL 101.25
08/14/15 BUTLER-MILLER, JADE 136.01
08/14/15 TUPY, MARCUS 48.00
08/14/15 WAGNER, JODY 224.00
119.00
08/14/15 CHRISTAL, JENNIFER 285.00
2,003.88
193.50
08/14/15 HEINTZ, JOSHUA 63.00
08/14/15 KRECH, ELAINE 751.52
08/14/15 LOONEY, RAYJEANIA 171.00
08/14/15 CRAYNE, WILLIAM 173.25
08/14/15 DOUGLASS, TOM 2,618.72
08/14/15 DUNKEL, TYLER
08/14/15 MAIDMENT, COLIN
08/14/15 XIONG, BOON 1,665.07
MALONEY, SHAUNA 47.81
08/14/15
1,360.00
08/14/15 PRIEM, STEVEN 2,585.69
08/14/15 WOEHRLE, MATTHEW 2,379.85
PRINS, KELLY
08/14/15 REILLY, MICHAEL 2,059.39
08/14/15 STEFFEN, MICHAEL 102.00
08/14/15 COUNTRYMAN, BRENDA
08/14/15
G1, Attachments
Packet Page Number 33 of 77
9995503
9995504
531,704.12
08/14/15 MADSEN, JEFFREY 30.00
08/14/15 AUBUCHON, IMAGINARA 46.00
G1, Attachments
Packet Page Number 34 of 77
G2
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Gayle Bauman, Finance Director
DATE: August 11, 2015
SUBJECT: Approval to Enter into Agreements with Enterprise Fleet
Management for Leasing of City Vehicles
Introduction
City staff is looking into the option of leasing a few of our city vehicles as opposed to purchasing
them outright. For 2016, 10 vehicles are being considered for the lease option within the Fire
and Police Departments. Enterprise Lease Management is a vendor with The Interlocal
Purchasing System (TIPS), a Cooperative Purchasing Solution which is listed as an approved
source within the City’s Purchasing Policies.
Background
In recent years, we have either purchased new or used vehicles for the Fire Department Chief,
Assistant Chiefs and Captains and have purchased new vehicles or taken possession of
forfeited vehicles for the Police Department Chief, Commanders, Lieutenant and Investigators.
The vehicle purchasing and disposal process can be a little cumbersome and does not take
advantage of maximum resale values, fuel efficiencies and maintaining a healthy fleet. By
utilizing the vehicle leasing process, City staff hopes to realize increased employee efficiency
and productivity, reduced fuel and maintenance costs, easier budgeting and increased support
of local businesses (routine maintenance will be taken care of by local businesses).
Budget Impact
The City expects to realize some staff efficiencies and reduced fuel and maintenance costs
through the leasing program.
Recommendation
It is recommended that the Council authorize staff to enter into agreements with Enterprise Fleet
Management for the purpose of leasing City vehicles.
Attachments
1. Master Equity Lease Agreement
2. Amendment to Master Equity Lease Agreement
3. Maintenance Management and Fleet Rental Agreement
4. Maintenance Agreement
Packet Page Number 35 of 77
MASTER EQUITY LEASE AGREEMENT
This Master Equity Lease Agreement is entered into this thirtieth day of June, 2015, by and between Enterprise FM Trust, a Delaware statutory
trust (“Lessor”), and the lessee whose name and address is set forth on the signature page below (“Lessee”).
1. LEASE OF VEHICLES: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the vehicles (individually, a “Vehicle” and
collectively, the “Vehicles”) described in the schedules from time to time delivered by Lessor to Lessee as set forth below (“Schedule(s)”) for the rentals
and on the terms set forth in this Agreement and in the applicable Schedule. References to this “Agreement” shall include this Master Equity Lease
Agreement and the various Schedules and addenda to this Master Equity Lease Agreement. Lessor will, on or about the date of delivery of each
Vehicle to Lessee, send Lessee a Schedule covering the Vehicle, which will include, among other things, a description of the Vehicle, the lease term and
the monthly rental and other payments due with respect to the Vehicle. The terms contained in each such Schedule will be binding on Lessee unless
Lessee objects in writing to such Schedule within ten (10) days after the date of delivery of the Vehicle covered by such Schedule. Lessor is the sole
legal owner of each Vehicle. This Agreement is a lease only and Lessee will have no right, title or interest in or to the Vehicles except for the use of the
Vehicles as described in this Agreement. This Agreement shall be treated as a true lease for federal and applicable state income tax purposes with
Lessor having all benefits of ownership of the Vehicles. It is understood and agreed that Enterprise Fleet Management, Inc. or an affiliate thereof
(together with any subservicer, agent, successor or assign as servicer on behalf of Lessor, “Servicer”) may administer this Agreement on behalf of
Lessor and may perform the service functions herein provided to be performed by Lessor.
2. TERM: The term of this Agreement (“Term”) for each Vehicle begins on the date such Vehicle is delivered to Lessee (the “Delivery Date”) and,
unless terminated earlier in accordance with the terms of this Agreement, continues for the “Lease Term” as described in the applicable Schedule.
3. RENT AND OTHER CHARGES:
(a) Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules and this Agreement. The monthly payments will
be in the amount listed as the “Total Monthly Rental Including Additional Services” on the applicable Schedule (with any portion of such amount
identified as a charge for maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet
Management, Inc.) and will be due and payable in advance on the first day of each month. If a Vehicle is delivered to Lessee on any day other than the
first day of a month, monthly rental payments will begin on the first day of the next month. In addition to the monthly rental payments, Lessee agrees to
pay Lessor a pro-rated rental charge for the number of days that the Delivery Date precedes the first monthly rental payment date. A portion of each
monthly rental payment, being the amount designated as “Depreciation Reserve” on the applicable Schedule, will be considered as a reserve for
depreciation and will be credited against the Delivered Price of the Vehicle for purposes of computing the Book Value of the Vehicle under Section 3(c).
Lessee agrees to pay Lessor the “Total Initial Charges” set forth in each Schedule on the due date of the first monthly rental payment under such
Schedule. Lessee agrees to pay Lessor the “Service Charge Due at Lease Termination” set forth in each Schedule at the end of the applicable Term
(whether by reason of expiration, early termination or otherwise).
(b) In the event the Term for any Vehicle ends prior to the last day of the scheduled Term, whether as a result of a default by Lessee, a Casualty
Occurrence or any other reason, the rentals and management fees paid by Lessee will be recalculated in accordance with the rule of 78's and the
adjusted amount will be payable by Lessee to Lessor on the termination date.
(c) Lessee agrees to pay Lessor within thirty (30) days after the end of the Term for each Vehicle, additional rent equal to the excess, if any, of the
Book Value of such Vehicle over the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided
below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule. If the Book Value of such Vehicle is less than
the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the
Delivered Price of such Vehicle as set forth in the applicable Schedule, Lessor agrees to pay such deficiency to Lessee as a terminal rental adjustment
within thirty (30) days after the end of the applicable Term. Notwithstanding the foregoing, if (i) the Term for a Vehicle is greater than forty-eight (48)
months (including any extension of the Term for such Vehicle), (ii) the mileage on a Vehicle at the end of the Term is greater than 15,000 miles per year
on average (prorated on a daily basis) (i.e., if the mileage on a Vehicle with a Term of thirty-six (36) months is greater than 45,000 miles) or (iii) in the
sole judgment of Lessor, a Vehicle has been subject to damage or any abnormal or excessive wear and tear, the calculations described in the two
immediately preceding sentences shall be made without giving effect to clause (ii) in each such sentence. The “Book Value” of a Vehicle means the sum
of (i) the “Delivered Price” of the Vehicle as set forth in the applicable Schedule minus (ii) the total Depreciation Reserve paid by Lessee to Lessor with
respect to such Vehicle plus (iii) all accrued and unpaid rent and/or other amounts owed by Lessee with respect to such Vehicle.
(d) Any security deposit of Lessee will be returned to Lessee at the end of the applicable Term, except that the deposit will first be applied to any
losses and/or damages suffered by Lessor as a result of Lessee's breach of or default under this Agreement and/or to any other amounts then owed by
Lessee to Lessor.
(e) Any rental payment or other amount owed by Lessee to Lessor which is not paid within twenty (20) days after its due date will accrue interest,
payable on demand of Lessor, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii)
the highest rate permitted by applicable law (the “Default Rate”).
(f) If Lessee fails to pay any amount due under this Agreement or to comply with any of the covenants contained in this Agreement, Lessor,
Servicer or any other agent of Lessor may, at its option, pay such amounts or perform such covenants and all sums paid or incurred by Lessor in
connection therewith will be repayable by Lessee to Lessor upon demand together with interest thereon at the Default Rate.
(g) Lessee’s obligations to make all payments of rent and other amounts under this Agreement are absolute and unconditional and such payments
shall be made in immediately available funds without setoff, counterclaim or deduction of any kind. Lessee acknowledges and agrees that neither any
Casualty Occurrence to any Vehicle nor any defect, unfitness or lack of governmental approval in, of, or with respect to, any Vehicle regardless of the
cause or consequence nor any breach by Enterprise Fleet Management, Inc. of any maintenance agreement between Enterprise Fleet Management,
Inc. and Lessee covering any Vehicle regardless of the cause or consequence will relieve Lessee from the performance of any of its obligations under
this Agreement, including, without limitation, the payment of rent and other amounts under this Agreement.
4. USE AND SURRENDER OF VEHICLES: Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles.
Lessee agrees to comply with, and cause its drivers to comply with, all laws, statutes, rules, regulations and ordinances and the provisions of all
insurance policies affecting or covering the Vehicles or their use or operation. Lessee agrees to keep the Vehicles free of all liens, charges and
encumbrances. Lessee agrees that in no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any
illegal purpose or to pull trailers that exceed the manufacturer's trailer towing recommendations. Lessee agrees that no Vehicle is intended to be or will
be utilized as a “school bus” as defined in the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not
to remove any Vehicle from the continental United States without first obtaining Lessor's written consent. At the expiration or earlier termination of this
Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at its risk and expense agrees to return such
Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor. If for any reason Lessee fails to return any Vehicle to
Lessor as and when required in accordance with this Section, Lessee agrees to pay Lessor additional rent for such Vehicle at twice the normal pro-rated
daily rent. Acceptance of such additional rent by Lessor will in no way limit Lessor’s remedies with respect to Lessee’s failure to return any Vehicle as
required hereunder.
G2, Attachment 1
Packet Page Number 36 of 77
5. COSTS, EXPENSES, FEES AND CHARGES: Lessee agrees to pay all costs, expenses, fees, charges, fines, tickets, penalties and taxes (other
than federal and state income taxes on the income of Lessor) incurred in connection with the titling, registration, delivery, purchase, sale, rental, use or
operation of the Vehicles during the Term. If Lessor, Servicer or any other agent of Lessor incurs any such costs or expenses, Lessee agrees to
promptly reimburse Lessor for the same.
6. LICENSE AND CHARGES: Each Vehicle will be titled and licensed in the name designated by Lessor at Lessee’s expense. Certain other charges
relating to the acquisition of each Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental, treated as an initial
charge or otherwise charged to Lessee. Such charges have been determined without reduction for trade-in, exchange allowance or other credit
attributable to any Lessor-owned vehicle.
7. REGISTRATION PLATES, ETC.: Lessee agrees, at its expense, to obtain in the name designated by Lessor all registration plates and other plates,
permits, inspections and/or licenses required in connection with the Vehicles, except for the initial registration plates which Lessor will obtain at Lessee's
expense. The parties agree to cooperate and to furnish any and all information or documentation, which may be reasonably necessary for compliance
with the provisions of this Section or any federal, state or local law, rule, regulation or ordinance. Lessee agrees that it will not permit any Vehicle to be
located in a state other than the state in which such Vehicle is then titled for any continuous period of time that would require such Vehicle to become
subject to the titling and/or registration laws of such other state.
8. MAINTENANCE OF AND IMPROVEMENTS TO VEHICLES:
(a) Lessee agrees, at its expense, to (i) maintain the Vehicles in good condition, repair, maintenance and running order and in accordance with all
manufacturer's instructions and warranty requirements and all legal requirements and (ii) furnish all labor, materials, parts and other essentials required
for the proper operation and maintenance of the Vehicles. Any alterations, additions, replacement parts or improvements to a Vehicle will become and
remain the property of Lessor and will be returned with such Vehicle upon such Vehicle’s return pursuant to Section 4. Notwithstanding the foregoing,
so long as no Event of Default has occurred and is continuing, Lessee shall have the right to remove any additional equipment installed by Lessee on a
Vehicle prior to returning such Vehicle to Lessor under Section 4. The value of such alterations, additions, replacement parts and improvements will in
no instance be regarded as rent. Without the prior written consent of Lessor, Lessee will not make any alterations, additions, replacement parts or
improvements to any Vehicle which detract from its economic value or functional utility. Lessor will not be required to make any repairs or replacements
of any nature or description with respect to any Vehicle, to maintain or repair any Vehicle or to make any expenditure whatsoever in connection with any
Vehicle or this Agreement.
(b) Lessor and Lessee acknowledge and agree that if Section 4 of a Schedule includes a charge for maintenance, (i) the Vehicle(s) covered by
such Schedule are subject to a separate maintenance agreement between Enterprise Fleet Management, Inc. and Lessee and (ii) Lessor shall have no
liability or responsibility for any failure of Enterprise Fleet Management, Inc. to perform any of its obligations thereunder or to pay or reimburse Lessee
for its payment of any costs and expenses incurred in connection with the maintenance or repair of any such Vehicle(s).
9. SELECTION OF VEHICLES AND DISCLAIMER OF WARRANTIES:
(a) LESSEE ACCEPTANCE OF DELIVERY AND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCH VEHICLE IS OF A
SIZE, DESIGN, CAPACITY, TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND
REPAIR AND IS SATISFACTORY IN ALL RESPECTS AND IS SUITABLE FOR LESSEE’S PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR
IS NOT A MANUFACTURER OF ANY VEHICLE OR AN AGENT OF A MANUFACTURER OF ANY VEHICLE.
(b) LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY VEHICLE,
INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. THE VEHICLES ARE LEASED “AS IS,”
“WITH ALL FAULTS.” All warranties made by any supplier, vendor and/or manufacturer of a Vehicle are hereby assigned by Lessor to Lessee for the
applicable Term and Lessee's only remedy, if any, is against the supplier, vendor or manufacturer of the Vehicle.
(c) None of Lessor, Servicer or any other agent of Lessor will be liable to Lessee for any liability, claim, loss, damage (direct, incidental or
consequential) or expense of any kind or nature, caused directly or indirectly, by any Vehicle or any inadequacy of any Vehicle for any purpose or any
defect (latent or patent) in any Vehicle or the use or maintenance of any Vehicle or any repair, servicing or adjustment of or to any Vehicle, or any delay
in providing or failure to provide any Vehicle, or any interruption or loss of service or use of any Vehicle, or any loss of business or any damage
whatsoever and however caused. In addition, none of Lessor, Servicer or any other agent of Lessor will have any liability to Lessee under this
Agreement or under any order authorization form executed by Lessee if Lessor is unable to locate or purchase a Vehicle ordered by Lessee or for any
delay in delivery of any Vehicle ordered by Lessee.
10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk of loss of, theft of, damage to or destruction of any Vehicle from any caus e
whatsoever (“Casualty Occurrence”). In the event of a Casualty Occurrence to a Vehicle, Lessee shall give Lessor prompt notice of the Casualty
Occurrence and thereafter will place the applicable Vehicle in good repair, condition and working order; provided, however, that if the applicable Vehicle
is determined by Lessor to be lost, stolen, destroyed or damaged beyond repair (a “Totaled Vehicle”), Lessee agrees to pay Lessor no later than the
date thirty (30) days after the date of the Casualty Occurrence the amounts owed under Sections 3(b) and 3(c) with respect to such Totaled Vehicle.
Upon such payment, this Agreement will terminate with respect to such Totaled Vehicle.
11. INSURANCE:
(a) Lessee agrees to purchase and maintain in force during the Term, insurance policies in at least the amounts listed below covering each
Vehicle, to be written by an insurance company or companies satisfactory to Lessor, insuring Lessee, Lessor and any other person or entity designated
by Lessor against any damage, claim, suit, action or liability:
(i) Commercial Automobile Liability Insurance (including Uninsured/Underinsured Motorist Coverage and No-Fault Protection where required
by law) for the limits listed below (Note - $5,000,000 Combined Single Limit Bodily Injury and Property Damage with No Deductible is required for
each Vehicle capable of transporting more than 8 passengers):
State of Vehicle Registration Coverage
Connecticut, Massachusetts, Maine, New Hampshire, New
Jersey, New York, Pennsylvania, Rhode Island, and Vermont
$1,000,000 Combined Single Limit Bodily Injury and Property
Damage - No Deductible
Florida $500,000 Combined Single Limit Bodily Injury and Property
Damage or $100,000 Bodily Injury Per Person, $300,000 Per
Occurrence and $50,000 Property Damage (100/300/50) - No
Deductible
All Other States $300,000 Combined Single Limit Bodily Injury and Property
Damage or $100,000 Bodily Injury Per Person, $300,000 Per
Occurrence and $50,000 Property Damage (100/300/50) - No
Deductible
(ii) Physical Damage Insurance (Collision & Comprehensive): Actual cash value of the applicable Vehicle. Maximum deductible of $500 per
occurrence - Collision and $250 per occurrence - Comprehensive).
G2, Attachment 1
Packet Page Number 37 of 77
If the requirements of any governmental or regulatory agency exceed the minimums stated in this Agreement, Lessee must obtain and maintain the higher
insurance requirements. Lessee agrees that each required policy of insurance will by appropriate endorsement or otherwise name Lessor and any other
person or entity designated by Lessor as additional insureds and loss payees, as their respective interests may appear. Further, each such insurance policy
must provide the following: (i) that the same may not be cancelled, changed or modified until after the insurer has given to Lessor, Servicer and any other
person or entity designated by Lessor at least thirty (30) days prior written notice of such proposed cancellation, change or modification, (ii) that no act or
default of Lessee or any other person or entity shall affect the right of Lessor, Servicer, any other agent of Lessor or any of their respective successors or
assigns to recover under such policy or policies of insurance in the event of any loss of or damage to any Vehicle and (iii) that the coverage is “primary
coverage” for the protection of Lessee, Lessor, Servicer, any other agent of Lessor and their respective successors and assigns notwithstanding any other
coverage carried by Lessee, Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns protecting against similar risks.
Original certificates evidencing such coverage and naming Lessor, Servicer, any other agent of Lessor and any other person or entity designated by Lessor
as additional insureds and loss payees shall be furnished to Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by
Lessor from time to time. In the event of default, Lessee hereby appoints Lessor, Servicer and any other agent of Lessor as Lessee's attorney-in-fact to
receive payment of, to endorse all checks and other documents and to take any other actions necessary to pursue insurance claims and recover payments if
Lessee fails to do so. Any expense of Lessor, Servicer or any other agent of Lessor in adjusting or collecting insurance shall be borne by Lessee.
Lessee, its drivers, servants and agents agree to cooperate fully with Lessor, Servicer, any other agent of Lessor and any insurance carriers in the
investigation, defense and prosecution of all claims or suits arising from the use or operation of any Vehicle. If any claim is made or action commenced for
death, personal injury or property damage resulting from the ownership, maintenance, use or operation of any Vehicle, Lessee will promptly notify Lessor of
such action or claim and forward to Lessor a copy of every demand, notice, summons or other process received in connection with such claim or action.
(b) Notwithstanding the provisions of Section 11(a) above: (i) if Section 4 of a Schedule includes a charge for physical damage waiver, Lessor
agrees that (A) Lessee will not be required to obtain or maintain the minimum physical damage insurance (collision and comprehensive) required under
Section 11(a) for the Vehicle(s) covered by such Schedule and (B) Lessor will assume the risk of physical damage (collision and comprehensive) to the
Vehicle(s) covered by such Schedule; provided, however, that such physical damage waiver shall not apply to, and Lessee shall be and remain liable
and responsible for, damage to a covered Vehicle caused by wear and tear or mechanical breakdown or failure, damage to or loss of any parts,
accessories or components added to a covered Vehicle by Lessee without the prior written consent of Lessor and/or damage to or loss of any property
and/or personal effects contained in a covered Vehicle. In the event of a Casualty Occurrence to a covered Vehicle, Lessor may, at its option, replace,
rather than repair, the damaged Vehicle with an equivalent vehicle, which replacement vehicle will then constitute the “Vehicle” for purposes of this
Agreement; and (ii) if Section 4 of a Schedule includes a charge for commercial automobile liability enrollment, Lessor agrees that it will, at its expense,
obtain for and on behalf of Lessee, by adding Lessee as an additional insured under a commercial automobile liability insurance policy issued by an
insurance company selected by Lessor, commercial automobile liability insurance satisfying the minimum commercial automobile liability insurance
required under Section 11(a) for the Vehicle(s) covered by such Schedule. Lessor may at any time during the applicable Term terminate said obligation
to provide physical damage waiver and/or commercial automobile liability enrollment and cancel such physical damage waiver and/or commercial
automobile liability enrollment upon giving Lessee at least ten (10) days prior written notice. Upon such cancellation, insurance in the minimum amounts
as set forth in 11(a) shall be obtained and maintained by Lessee at Lessee's expense. An adjustment will be made in monthly rental charges payable by
Lessee to reflect any such change and Lessee agrees to furnish Lessor with satisfactory proof of insurance coverage within ten (10) days after mailing of
the notice. In addition, Lessor may change the rates charged by Lessor under this Section 11(b) for physical damage waiver and/or commercial
automobile liability enrollment upon giving Lessee at least thirty (30) days prior written notice.
12. INDEMNITY: To the extent permitted by state law, Lessee agrees to defend and indemnify Lessor, Servicer, any other agent of Lessor and their
respective successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including,
without limitation, reasonable attorneys' fees and expenses) which Lessor, Servicer, any other agent of Lessor or any of their respective successors or
assigns may incur by reason of Lessee’s breach or violation of, or failure to observe or perform, any term, provision or covenant of this Agreement, or as
a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any
Vehicle. The provisions of this Section 12 shall survive any expiration or termination of this Agreement. Nothing herein shall be deemed to affect the
rights, privileges, and immunities of Lessee and the foregoing indemnity provision is not intended to be a waiver of any sovereign immunity afforded to
Lessee pursuant to the law.
13. INSPECTION OF VEHICLES; ODOMETER DISCLOSURE; FINANCIAL STATEMENTS: Lessee agrees to accomplish, at its expense, all
inspections of the Vehicles required by any governmental authority during the Term. Lessor, Servicer, any other agent of Lessor and any of their
respective successors or assigns will have the right to inspect any Vehicle at any reasonable time(s) during the Term and for this purpose to enter into or
upon any building or place where any Vehicle is located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to
provide such written and signed disclosure information on such forms and in such manner as directed by Lessor. Providing false information or failure to
complete the odometer disclosure form as required by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor
such financial statements and other financial information regarding Lessee as Lessor may from time to time reasonably reques t.
14. DEFAULT; REMEDIES: The following shall constitute events of default (“Events of Default”) by Lessee under this Agreement: (a) if Lessee fails to
pay when due any rent or other amount due under this Agreement and any such failure shall remain unremedied for ten (10) days; (b) if Lessee fails to
perform, keep or observe any term, provision or covenant contained in Section 11 of this Agreement; (c) if Lessee fails to perform, keep or observe any
other term, provision or covenant contained in this Agreement and any such failure shall remain unremedied for thirty (30) days after written notice
thereof is given by Lessor, Servicer or any other agent of Lessor to Lessee; (d) any seizure or confiscation of any Vehicle or any other act (other than a
Casualty Occurrence) otherwise rendering any Vehicle unsuitable for use (as determined by Lessor); (e) if any present or future guaranty in favor of
Lessor of all or any portion of the obligations of Lessee under this Agreement shall at any time for any reason cease to be in full force and effect or shall be
declared to be null and void by a court of competent jurisdiction, or if the validity or enforceability of any such guaranty shall be contested or denied by any
guarantor, or if any guarantor shall deny that it, he or she has any further liability or obligation under any such guaranty or if any guarantor shall fail to comply
with or observe any of the terms, provisions or conditions contained in any such guaranty; (f) the occurrence of a material adverse change in the financial
condition or business of Lessee or any guarantor; or (g) if Lessee or any guarantor is in default under or fails to comply with any other present or future
agreement with or in favor of Lessor, The Crawford Group, Inc. or any direct or indirect subsidiary of The Crawford Group, Inc.. For purposes of this
Section 14, the term “guarantor” shall mean any present or future guarantor of all or any portion of the obligations of Lessee under this Agreement.
Upon the occurrence of any Event of Default, Lessor, without notice to Lessee, will have the right to exercise concurrently or separately (and without any
election of remedies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all of the
Vehicles from Lessee, without releasing Lessee from its obligations under this Agreement; if Lessee fails to surrender possession of the Vehicles to
Lessor on default (or termination or expiration of the Term), Lessor, Servicer, any other agent of Lessor and any of Lessor’s independent contractors
shall have the right to enter upon any premises where the Vehicles may be located and to remove and repossess the Vehicles; (b) Lessor may enforce
performance by Lessee of its obligations under this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor, Servicer, any
other agent of Lessor or any of their respective successors or assigns by reason of Lessee's default including, to the extent permitted by applicable law,
all costs and expenses, including court costs and reasonable attorneys' fees and expenses, incurred by Lessor, Servicer, any other agent of Lessor or
any of their respective successors or assigns in attempting or effecting enforcement of Lessor’s rights under this Agreement (whether or not litigation is
commenced) and/or in connection with bankruptcy or insolvency proceedings; (d) upon written notice to Lessee, Lessor may terminate Lessee's rights
G2, Attachment 1
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under this Agreement; (e) with respect to each Vehicle, Lessor may recover from Lessee all amounts owed by Lessee under Sections 3(b) and 3(c) of
this Agreement (and, if Lessor does not recover possession of a Vehicle, (i) the estimated wholesale value of such Vehicle for purposes of Section 3(c)
shall be deemed to be $0.00 and (ii) the calculations described in the first two sentences of Section 3(c) shall be made without giving effect to clause (ii)
in each such sentence); and/or (f) Lessor may exercise any other right or remedy which may be available to Lessor under the Uniform Commercial
Code, any other applicable law or in equity. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination
shall not affect Lessee's obligation to pay all amounts due for periods prior to the effective date of such termination or Lessee's obligation to pay any
indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or in equity are cumulative.
15. ASSIGNMENTS: Lessor may from time to time assign, pledge or transfer this Agreement and/or any or all of its rights and obligations under this
Agreement to any person or entity. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to
Lessor under this Agreement to pay all such amounts to such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights
or obligations of Lessor under this Agreement will have all of the rights and obligations that have been assigned to it. Lessee’s rights and interest in and
to the Vehicles are and will continue at all times to be subject and subordinate in all respects to any assignment, pledge or transfer now or hereafter
executed by Lessor with or in favor of any such assignee, pledgee or transferee, provided that Lessee shall have the right of quiet enjoyment of the
Vehicles so long as no Event of Default under this Agreement has occurred and is continuing. Lessee acknowledges and agrees that the rights of any
assignee, pledgee or transferee in and to any amounts payable by the Lessee under any provisions of this Agreement shall be absolute and unconditional
and shall not be subject to any abatement whatsoever, or to any defense, setoff, counterclaim or recoupment whatsoever, whether by reason of any damage
to or loss or destruction of any Vehicle or by reason of any defect in or failure of title of the Lessor or interruption from whatsoever cause in the use, operation
or possession of any Vehicle, or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of its affiliates to the Lessee
or to any other person or entity, or for any other reason.
Without the prior written consent of Lessor, Lessee may not assign, sublease, transfer or pledge this Agreement, any Vehicle, or any interest in this
Agreement or in and to any Vehicle, or permit its rights under this Agreement or any Vehicle to be subject to any lien, charge or encumbrance. Lessee's
interest in this Agreement is not assignable and cannot be assigned or transferred by operation of law. Lessee will not transfer or relinquish possession
of any Vehicle (except for the sole purpose of repair or service of such Vehicle) without the prior written consent of Lessor.
16. MISCELLANEOUS: This Agreement contains the entire understanding of the parties. This Agreement may only be amended or modified by an
instrument in writing executed by both parties. Lessor shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or
remedies under this Agreement and no waiver whatsoever shall be valid unless in writing and signed by Lessor and then only to the extent therein set
forth. A waiver by Lessor of any right or remedy under this Agreement on any one occasion shall not be construed as a bar to any right or remedy,
which Lessor would otherwise have on any future occasion. If any term or provision of this Agreement or any application of any such term or provision is
invalid or unenforceable, the remainder of this Agreement and any other application of such term or provision will not be affected thereby. Giving of all
notices under this Agreement will be sufficient if mailed by certified mail to a party at its address set forth below or at such other address as such party
may provide in writing from time to time. Any such notice mailed to such address will be effective one (1) day after deposit in the United States mail,
duly addressed, with certified mail, postage prepaid. Lessee will promptly notify Lessor of any change in Lessee’s address. This Agreement may be
executed in multiple counterparts (including facsimile and pdf counterparts), but the counterpart marked “ORIGINAL” by Lessor will be the original lease
for purposes of applicable law. All of the representations, warranties, covenants, agreements and obligations of each Lessee under this Agreement (if
more than one) are joint and several.
17. SUCCESSORS AND ASSIGNS; GOVERNING LAW: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its
heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their
respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of
Minnesota (determined without reference to conflict of law principles).
18. NON-PETITION: Each party hereto hereby covenants and agrees that, prior to the date which is one year and one day after payment in full of all
indebtedness of Lessor, it shall not institute against, or join any other person in instituting against, Lessor any bankruptcy, reorganization, arrangement,
insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any state of the United States. The provisions of
this Section 18 shall survive termination of this Master Equity Lease Agreement.
19. NON-APPROPRIATION: Lessee’s funding of this Agreement shall be on a Fiscal Year basis and is subject to annual appropriations. Lessor
acknowledges that Lessee is a municipal corporation, is precluded by the County or State Constitution and other laws from entering into obligations that
financially bind future governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the
County or State to appropriate funds for purposes of this Agreement. Accordingly, the parties agree that the lease terms within this Agreement or any
Schedules relating hereto are contingent upon appropriation of funds. The parties further agree that should the County or State fail to appropriate such
funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination. In addition, Lessor reserves the right to be
paid for any reasonable damages. These reasonable damages will be limited to the losses incurred by the Lessor for having to sell the vehicles on the
open used car market prior to the end of the scheduled term (as determined in Section 3 and Section 14 of this Agreement).
IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Master Equity Lease Agreement as of the day and year first above written.
LESSEE: City of Maplewood, Minnesota LESSOR: Enterprise FM Trust
By: Enterprise Fleet Management, Inc., its attorney in fact
_____________________________________ _____________________________________
By: Gayle Bauman By: Jason Lipinsky
Title: Finance Director Title: Vice President of Fleet Management
Address: 1830 E County Rd B Address: 2775 Blue Water Rd
Maplewood, MN 55109 Eagan, MN 55121
Date Signed: _______________________, _______ Date Signed _______________________, _______
G2, Attachment 1
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AMENDMENT TO MASTER EQUITY LEASE AGREEMENT
THIS AMENDMENT (“Amendment”) dated this ____ day of August, 2015 is attached to, and made a part of,
the MASTER EQUITY LEASE AGREEMENT entered into on the _____ day of August, 2015 (“Agreement”) by and
between Enterprise FM Trust, a Delaware statutory trust (“Lessor”) and City of Maplewood, Minnesota ("Lessee").
This Amendment is made for good and valuable consideration, the receipt of which is hereby acknowledged by the
parties.
Section 11(a), second paragraph, of the Master Equity Lease Agreement is amended to read as follows:
If the requirements of any governmental or regulatory agency exceed the minimums stated in this Agreement,
Lessee must obtain and maintain the higher insurance requirements. Lessee agrees that each required policy of
insurance will by appropriate endorsement or otherwise name Lessor and any other person or entity designated by
Lessor as additional insureds and loss payees, as their respective interests may appear. Further, each such
insurance policy must provide the following: (i) that the same may not be cancelled, changed or modified until after
the Lessee has given to Lessor, Servicer and any other person or entity designated by Lessor at least thirty (30)
days prior written notice of such proposed cancellation or material change, (ii) that no act or default of Lessee or any
other person or entity shall affect the right of Lessor, Servicer, any other agent of Lessor or any of their respective
successors or assigns to recover under such policy or policies of insurance in the event of any loss of or damage to
any Vehicle and (iii) that the coverage is “primary coverage” for the protection of Lessee, Lessor, Servicer, any other
agent of Lessor and their respective successors and assigns notwithstanding any other coverage carried by Lessee,
Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns protecting against
similar risks. Original certificates evidencing such coverage and naming Lessor, Servicer, any other agent of Lessor
and any other person or entity designated by Lessor as additional insureds and loss payees shall be furnished to
Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by Lessor from time to
time. In the event of default, Lessee hereby appoints Lessor, Servicer and any other agent of Lessor as Lessee's
attorney-in-fact to receive payment of, to endorse all checks and other documents and to take any other actions
necessary to pursue insurance claims and recover payments if Lessee fails to do so. Any expense of Lessor,
Servicer or any other agent of Lessor in adjusting or collecting insurance shall be borne by Lessee.
All references in the Agreement and in the various Schedules and addenda to the Agreement and any other
references of similar import shall henceforth mean the Agreement as amended by this Amendment. Except to the
extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenants, representations
and warranties contained in the Agreement shall be and remain in full force and effect and the same are hereby
ratified and confirmed.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment to Master Equity Lease
Agreement as of the day of August, 2015.
City of Maplewood, Minnesota (Lessee) Enterprise FM Trust (Lessor) By: Enterprise Fleet Management, Inc., its attorney in fact
By By
Title: Title:
G2, Attachment 2
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MAINTENANCE MANAGEMENT AND FLEET RENTAL AGREEMENT
This Agreement is entered into as of the thirtieth day of June, 2015, by and between Enterprise Fleet Management, Inc., a Missouri corporation,
doing business as “Enterprise Fleet Management” (“EFM”), and City of Maplewood, Minnesota (the “Company”).
WITNESSETH:
1.ENTERPRISE CARDS: Upon request from the Company, EFM will provide a driver information packet outlining its vehicle
maintenance program (the “Program”) and a card (“Card”) for each Company vehicle included in the Company’s request. All
drivers of vehicles subject to this Agreement must be a representative of the Company, its subsidiaries or affiliates. All Cards
issued by EFM upon request of the Company shall be subject to the terms of this Agreement and the responsibility of the
Company. All Cards shall bear an expiration date.
Cards issued to the Company shall be used by the Company in accordance with this Agreement and limited solely to purchases of
certain products and services for Company vehicles, which are included in the Program. The Program is subject to all other EFM
instructions, rules and regulations which may be revised from time to time by EFM. Cards shall remain the property of EFM and
returned to EFM upon expiration or cancellation.
2.VEHICLE REPAIRS AND SERVICE: EFM will provide purchase order control by phone or in writing authorizing charges
for repairs and service over $75, or such other amount as may be established by EFM from time to time under the Program. All
charges for repairs and services will be invoiced to EFM. Invoices will be reviewed by EFM for accuracy, proper application of
potential manufacturer’s warranties, application of potential discounts and unnecessary, unauthorized repairs.
Notwithstanding the above, in the event the repairs and service are the result of damage from an accident or other non-
maintenance related cause (including glass claims), these matters will be referred to the Company’s Fleet Manager. If the
Company prefers that EFM handle the damage repair, the Company agrees to assign the administration of the matter to EFM.
EFM will administer such claims in its discretion. The fees for this service will be up to $125.00 per claim and the Company
agrees to reimburse for repairs as outlined in this agreement. If the Company desires the assistance of EFM in recovering damage
amounts from at fault third parties, a Vehicle Risk Management Agreement must be on file for the Company.
3.BILLING AND PAYMENT: All audited invoices paid by EFM on behalf of the Company will be consolidated and submitted
to the Company on a single monthly invoice for the entire Company fleet covered under this Agreement. The Company is liable
for, and will pay EFM within ten (10) days after receipt of an invoice or statement for, all purchases invoiced to the Company by
EFM, which were paid by EFM for or on behalf of the Company. EFM will be entitled to retain for its own account, and treat as
being paid by EFM for purposes of this Agreement, any discounts it receives from a supplier with respect to such purchases
which are based on the overall volume of business EFM provides to such supplier and not solely the Company’s business. EFM
will exercise due care to prevent additional charges from being incurred once the Company has notified EFM of its desire to
cancel any outstanding Card under this Agreement. The Company will use its best efforts to obtain and return any such cancelled
Card.
4.RENTAL VEHICLES: The Card will authorize the Company’s representative to arrange for rental vehicles with a subsidiary of
Enterprise Rent-A-Car Company for a maximum of two (2) days without prior authorization. Extensions beyond two (2) days
must be granted by an EFM representative. The Company assumes all responsibility for all rental agreements arranged by EFM
with a subsidiary of Enterprise Rent-A-Car Company through an EFM representative or through the use of the Card. All drivers
must be at least 21 years of age, hold a valid driver’s license, be an employee of the Company or authorized by the Company
through established reservation procedures and meet other applicable requirements of the applicable subsidiary of Enterprise
Rent-A-Car Company.
5.NO WARRANTY: EFM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
WITH RESPECT TO PRODUCTS, REPAIRS OR SERVICES PROVIDED FOR UNDER THIS AGREEMENT BY THIRD
PARTIES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO
MERCHANTABILITY, COMPLIANCE WITH SPECIFICATIONS, OPERATION, CONDITION, SUITABILITY,
PERFORMANCE, QUALITY OR FITNESS FOR USE. Any defect in the performance of any product, repair or service will not
relieve the Company from its obligations under this Agreement, including without limitation the payment to EFM of monthly
invoices.
6.CANCELLATION: Either party may cancel any Card under this Agreement or this Agreement in its entirety at any time by
giving written notice to the other party. The cancellation of any Card or termination of this Agreement will not affect any rights
or obligations under this Agreement, which shall have previously accrued or shall thereafter arise with respect to any occurrence
prior to such cancellation or termination. A Card shall be immediately returned to EFM upon cancellation to: Enterprise Fleet
G2, Attachment 3
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Management, 600 Corporate Park Drive, St. Louis, MO 63105, Attention: Enterprise Card Department. Notice to EFM regarding
the cancellation of any Card shall specify the Card number and identify the Company’s representative. In the case of a termi nated
representative, such notice shall include a brief description of the efforts made to reclaim the Card.
7.NOTICES: All notices of cancellation or termination under this Agreement shall be mailed postage prepaid by registered or
certified mail, or sent by express overnight delivery service, to the other party at its address set forth on the signature page of this
Agreement or at such other address as such party may provide in writing from time to time. Any such notice sent by mail will be
effective three (3) days after deposit in the United States mail, duly addressed, with registered or certified mail postage prepaid.
Any such notice sent by express overnight delivery service will be effective one (1) day after deposit with such delivery service,
duly addressed, with delivery fees prepaid. The Company will promptly notify EFM of any change in the Company’s address.
8.FEES: EFM will charge the Company for the service under this Agreement $5.00 per month per Card, plus a one time set-up fee
of $0.00.
9.MISCELLANEOUS: This Agreement may be amended only by an agreement in writing signed by EFM and the Company. This
Agreement is governed by the substantive laws of the State of Minnesota (determined without reference to conflict of law
principles).
IN WITNESS WHEREOF, EFM and the Company have executed this Maintenance Management and Fleet Rental Agreement as of the day and
year first above written.
Company: City of Maplewood, Minnesota EFM: Enterprise Fleet Management, Inc.
_________________________________ _________________________________
By: Gayle Bauman By: Jason Lipinsky
Title: Finance Director Title: Vice President of Fleet Management
Address: 1830 E County Rd B Address: 2775 Blue Water Rd
Maplewood, MN 55109 Eagan, MN 55121
Date Signed:_______________________, _______ Date Signed:________________________, ______
G2, Attachment 3
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MAINTENANCE AGREEMENT
This Maintenance Agreement (this “Agreement”) is made and entered into this thirtieth day of June, 2015, by Enterprise Fleet Management, Inc., a
Missouri corporation ("EFM"), and City of Maplewood, Minnesota (“Lessee”).
WITNESSETH
1.LEASE. Reference is hereby made to that certain Master Equity Lease Agreement dated as of the thirtieth day of June, 2015, by and between
Enterprise FM Trust, a Delaware statutory trust, as lessor (“Lessor”), and Lessee, as lessee (as the same may from time to time be amended, modified,
extended, renewed, supplemented or restated, the “Lease”). All capitalized terms used and not otherwise defined in this Agreement shall have the
respective meanings ascribed to them in the Lease.
2.COVERED VEHICLES. This Agreement shall only apply to those vehicles leased by Lessor to Lessee pursuant to the Lease to the extent Section 4
of the Schedule for such vehicle includes a charge for maintenance (the “Covered Vehicle(s)”).
3. TERM AND TERMINATION. The term of this Agreement ("Term") for each Covered Vehicle shall begin on the Delivery Date of such Covered
Vehicle and shall continue until the last day of the “Term” (as defined in the Lease) for such Covered Vehicle unless earlier terminated as set forth
below. Each of EFM and Lessee shall each have the right to terminate this Agreement effective as of the last day of any calendar month with respect to
any or all of the Covered Vehicles upon not less than sixty (60) days prior written notice to the other party. The termination of this Agreement with
respect to any or all of the Covered Vehicles shall not affect any rights or obligations under this Agreement which shall have previously accrued or shall
thereafter arise with respect to any occurrence prior to termination, and such rights and obligations shall continue to be governed by the terms of this
Agreement.
4. VEHICLE REPAIRS AND SERVICE. EFM agrees that, during the Term for the applicable Covered Vehicle and subject to the terms and conditions
of this Agreement, it will pay for, or reimburse Lessee for its payment of, all costs and expenses incurred in connection with the maintenance or repair of
a Covered Vehicle. This Agreement does not cover, and Lessee will remain responsible for and pay for, (a) fuel, (b) oil and other fluids between
changes, (c) tire repair and replacement, (d) washing, (e) repair of damage due to lack of maintenance by Lessee between scheduled services
(including, without limitation, failure to maintain fluid levels), (f) maintenance or repair of any alterations to a Covered Vehicle or of any after-market
components (this Agreement covers maintenance and repair only of the Covered Vehicles themselves and any factory-installed components and does
not cover maintenance or repair of chassis alterations, add-on bodies (including, without limitation, step vans) or other equipment (including, without
limitation, lift gates and PTO controls) which is installed or modified by a dealer, body shop, upfitter or anyone else other than the manufacturer of the
Covered Vehicle, (g) any service and/or damage resulting from, related to or arising out of an accident, a collision, theft, fire, freezing, vandalism, riot,
explosion, other Acts of God, an object striking the Covered Vehicle, improper use of the Covered Vehicle (including, without limitation, driving over
curbs, overloading, racing or other competition) or Lessee's failure to maintain the Covered Vehicle as required by the Lease, (h) roadside assistance or
towing for vehicle maintenance purposes, (i) mobile services, (j) the cost of loaner or rental vehicles or (k) if the Covered Vehicle is a truck, (i) manual
transmission clutch adjustment or replacement, (ii) brake adjustment or replacement or (iii) front axle alignment. Whenever it is necessary to have a
Covered Vehicle serviced, Lessee agrees to have the necessary work performed by an authorized dealer of such Covered Vehicle or by a service facility
acceptable to EFM. In every case, if the cost of such service will exceed $50.00, Lessee must notify EFM and obtain EFM’s authorization for such
service and EFM’s instructions as to where such service shall be made and the extent of service to be obtained. Lessee agrees to furnish an invoice for
all service to a Covered Vehicle, accompanied by a copy of the shop or service order (odometer mileage must be shown on each shop or service order).
EFM will not be obligated to pay for any unauthorized charges or those exceeding $50.00 for one service on any Covered Vehicle unless Lessee has
complied with the above terms and conditions. EFM will not have any responsibility to pay for any services in excess of the services recommended by
the manufacturer, unless otherwise agreed to by EFM. Notwithstanding any other provision of this Agreement to the contrary, (a) all service performed
within one hundred twenty (120) days prior to the last day of the scheduled “Term” (as defined in the Lease) for the applicable Covered Vehicle must be
authorized by and have the prior consent and approval of EFM and any service not so authorized will be the responsibility of and be paid for by Lessee
and (b) EFM is not required to provide or pay for any service to any Covered Vehicle after 100,000 miles.
5. ENTERPRISE CARDS: EFM may, at its option, provide Lessee with an authorization card (the "EFM Card") for use in authorizing the payment of
charges incurred in connection with the maintenance of the Covered Vehicles. Lessee agrees to be liable to EFM for, and upon receipt of a monthly or
other statement from EFM, Lessee agrees to promptly pay to EFM, all charges made by or for the account of Lessee with the EFM Card (other than any
charges which are the responsibility of EFM under the terms of this Agreement). EFM reserves the right to change the terms and conditions for the use
of the EFM Card at any time. The EFM Card remains the property of EFM and EFM may revoke Lessee’s right to possess or use the EFM Card at any
time. Upon the termination of this Agreement or upon the demand of EFM, Lessee must return the EFM Card to EFM. The EFM Card is non-
transferable.
6. PAYMENT TERMS. The amount of the monthly maintenance fee will be listed on the applicable Schedule and will be due and payable in advance on
the first day of each month. If the first day of the Term for a Covered Vehicle is other than the first day of a calendar month, Lessee will pay EFM, on the
first day of the Term for such Covered Vehicle, a pro-rated maintenance fee for the number of days that the Delivery Date precedes the first monthly
maintenance fee payment date. Any monthly maintenance fee or other amount owed by Lessee to EFM under this Agreement which is not paid within
twenty (20) days after its due date will accrue interest, payable upon demand of EFM, from the date due until paid in full at a rate per annum equal to the
lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate allowed by applicable law. The monthly maintenance fee set forth on each
applicable Schedule allows the number of miles per month as set forth in such Schedule. Lessee agrees to pay EFM at the end of the applicable Term
(whether by reason of termination of this Agreement or otherwise) an overmileage maintenance fee for any miles in excess of this average amount per
month at the rate set forth in the applicable Schedule. EFM may, at its option, permit Lessor, as an agent for EFM, to bill and collect amounts due to
EFM under this Agreement from Lessee on behalf of EFM.
7. NO WARRANTIES. Lessee acknowledges that EFM does not perform maintenance or repair services on the Covered Vehicles but rather EFM
arranges for maintenance and/or repair services on the Covered Vehicles t o be performed by third parties. EFM MAKES NO REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS, REPAIRS OR SERVICES PROVIDED FOR UNDER
THIS AGREEMENT BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH SPECIFICATIONS, OPERATION, CONDITION, SUITABILITY,
PERFORMANCE OR QUALITY. ANY DEFECT IN THE PERFORMANCE OF ANY PRODUCT, REPAIR OR SERVICE WILL NOT RELIEVE LESSEE
OF ITS OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING THE PAYMENT TO EFM OF THE MONTHLY MAINTENANCE FEES AND OTHER
CHARGES DUE UNDER THIS AGREEMENT.
G2, Attachment 4
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8. LESSOR NOT A PARTY. Lessor is not a party to, and shall have no rights, obligations or duties under or in respect of, this Agreement.
9. NOTICES. Any notice or other communication under this Agreement shall be in writing and delivered in person or sent by facsimile, recognized
overnight courier or registered or certified mail, return receipt requested and postage prepaid, to the applicable party at its address or facsimile number
set forth on the signature page of this Agreement, or at such other address or facsimile number as any party hereto may designate as its address or
facsimile number for communications under this Agreement by notice so given. Such notices shall be deemed effective on the day on which delivered or
sent if delivered in person or sent by facsimile, on the first (1st) business day after the day on which sent, if sent by recognized overnight courier or on
the third (3rd) business day after the day on which mailed, if sent by registered or certified mail.
10. MISCELLANEOUS. This Agreement embodies the entire Agreement between the parties relating to the subject matter hereof. This Agreement may be
amended only by an agreement in writing signed by EFM and Lessee. Any provision of this Agreement which is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions of
this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns, except that Lessee may not assign, transfer or delegate any of its rights or
obligations under this Agreement without the prior written consent of EFM. This Agreement shall be governed by and construed in accordance with the
substantive laws of the State of Minnesota (without reference to conflict of law principles).
IN WITNESS WHEREOF, EFM and Lessee have executed this Maintenance Agreement as of the day and year first above written.
LESSEE: City of Maplewood, Minnesota EFM: Enterprise Fleet Management, Inc.
_____________________________________ _____________________________________
By: Gayle Bauman By: Jason Lipinsky
Title: Finance Director Title: Vice President of Fleet Management
Address: 1830 E County Rd B Address: 2775 Blue Water Rd
Maplewood, MN 55109 Eagan, MN 55121
Attention: _______________________________ Attention: _______________________________
Facsimile No.: _______________________________ Facsimile No.: _______________________________
Date Signed: _______________________, _______ Date Signed _______________________, _______
G2, Attachment 4
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MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Michael Thompson, City Engineer/Public Works Director
Steven Love, Assistant City Engineer
DATE: August 17, 2015
SUBJECT: Approval of a Public Easement, Fire Station 1 Improvements, City Project 12-14
Introduction
The City Council will consider approving a public easement for roadway, sidewalk, drainage,
and utility purposes over a portion of the new Fire Station property along McKnight Road.
Background / Discussion
On May 26, 2015 the City Council accepted the completion of the Fire Station 1 Improvements,
City Project 12-14. Sidewalk along McKnight Road and other improvements were installed as
part of the Fire Station 1 project. During the design process it was identified that a public
easement for roadway, sidewalk, drainage, and utility purposes would be required to cover the
new improvements. It was decided that the location of the new easement would be determined
after the improvements were completed.
A survey of the new improvements installed as part of the Fire Station 1 project has been
completed. A proposed public easement has been drafted and is attached to this
memorandum. The new easement covers the area of McKnight Road and the adjacent
sidewalk that currently lies outside of the existing right-of-way and preserves the use by the
public for vehicular traffic, pedestrian traffic, and utility and drainage infrastructure.
Budget Impact
There are no budget impacts associated with this agenda item.
Recommendation
It is recommended the City Council approve the attached public easement for roadway,
sidewalk, drainage and utility purposes over a portion of the Fire Station 1 property and
authorize the Mayor to sign the easement. Minor changes to the easement can be made if
reviewed and approved by the City Attorney. It is further recommended that the City Council
authorize the City Engineer to record the above listed document.
Attachments
1. Public Easement for Roadway, Sidewalk, Drainage, and Utility Purposes
G3
Packet Page Number 45 of 77
City Project 12-14 Property Recorded as: □ Torrens □ Abstract
ROADWAY, SIDEWALK, DRAINAGE, AND UTILITY EASEMENT
THIS INDENTURE, made this_________day of________________, 2015, by City of Maplewood, Minnesota,
Ramsey County, a Minnesota Municipal Corporation, Declarant.
WHEREAS, Declarant is the owner of the certain real property situated in the County of Ramsey, State of
Minnesota, including property to which it hereby declares and reserves the following perpetual public easement for
roadway, sidewalk, drainage, and utility purposes described as follows:
Permanent Public Roadway, Sidewalk, Drainage, and Utility Easement:
A permanent public easement for public roadway, sidewalk, drainage, and utility purposes over, under and
across that part of Tract C, Registered Land Survey No. 616, Ramsey County, Minnesota, according to the
recorded survey thereof, lying easterly of the westerly 76.50 feet of said Tract C and westerly of the
following described line:
Beginning at the intersection of the south line of said Tract C and the easterly line of the westerly
80.00 feet of said Tract C; thence on an assumed bearing of North 00 degrees, 23 minutes, 48
seconds West, along the easterly line of the westerly 80.00 feet of said Tract C, a distance of 108.84
feet; thence North 05 degrees, 15 minutes, 15 seconds East, a distance of 86.37 feet; thence North
00 degrees 49 minutes 40 seconds East, a distance of 54.77 feet; thence North 05 degrees, 15
minutes, 43 seconds East, a distance of 29.63 feet; thence northeasterly along a tangential curve,
concave to the southeast, with a radius of 66.10 feet and a central angle of 76 degrees, 15 minutes,
43 seconds, a distance of 87.99 feet; thence North 00 degrees, 23 minutes, 48 seconds West along
a non-tangential line a distance of 30.00 feet to the northerly line of said Tract C and said line there
terminating.
PIN 36-29-22-22-0009
WHEREAS, the Declarant intends to preserve said roadway, sidewalk, utility and drainage easements for the
existing McKnight Road; and
WHEREAS, Which easement shall include the perpetual right of the Declarant to freely enter upon, over, across,
through and under the real estate designated as the Permanent Public Roadway, Sidewalk, Drainage, and Utility
Easement as described above and depicted by drawing on Easement Acquisition Exhibit “A” and at any time the Declarant
may see fit, for the purpose of constructing, reconstructing, operating, maintaining, and/or repairing said Street, Sidewalk,
and Utility appurtenances; including but not limited to sidewalk, boulevards, pipes, signage, utility structures, excavations,
embankments, equipment, and any other items related to street, sidewalk, drainage, and utility functions.
WHEREAS, in order to provide for the free flow of vehicular traffic, pedestrian traffic, and utility and drainage
infrastructure through said property, the Declarant desires to create easements and provide for ingress and egress of
vehicular traffic, pedestrian traffic, and utility and drainage infrastructure;
NOW, THEREFORE, the Declarant hereby declares and preserves the nonexclusive permanent easement for
ingress and egress for both vehicular and pedestrian traffic over and across said property and legally described in above
and illustrated in Exhibit A, each attached hereto.
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances there unto
belonging, or in anyway appertaining, to the Declarant, its successors and assigns forever.
No delinquent taxes and transfer entered; Certificate of
Real Estate Value ( ) filed ( ) not required.
Certificate of Real Estate Value No. ________
_______________________, 2015
_________________________________
County Auditor
By_______________________________
Deputy
(Reserved for recording data)
G3, Attachment 1
Packet Page Number 46 of 77
IN WITNESS WHEREOF, the undersigned has executed this Declaration on the day and year first written above.
CITY OF MAPLEWOOD
By:____________________________________
Exempt from Deed Tax per MSA 287.22F
Its:____________________________________
STATE OF MINNESOTA )
)ss
COUNTY OF RAMSEY )
This instrument was acknowledged before me on this _____ day of , 2015, by _________________ the
__________________________ of the City of Maplewood, a municipal corporation and political subdivision of the State of
Minnesota.
Notarial Stamp or Seal
Signature of person taking acknowledgment
RETURN TO:
Public Works Department
1902 County Road B East
Maplewood Minnesota 55109
Document prepared by:
Steven W. Love
Maplewood Public Works
1902 County Road B East
Maplewood, Minnesota 55109
Tax statements for the real property described in this instrument
should be sent to:
City of Maplewood
1830 County Rd B East
Maplewood, MN 55109-2702
G3, Attachment 1
Packet Page Number 47 of 77
G3, Attachment 1
Packet Page Number 48 of 77
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Michael Thompson, Director of Public Works/City Engineer
Steven Love, Assistant City Engineer
DATE: August 13, 2015
SUBJECT: Approval of Cooperative Agreement (PW 2014-32) with Ramsey County,
Arkwright-Sunrise Area Improvements, City Project 12-09
Introduction
The City Council will consider approving a Cooperative Agreement (PW 2014-32) with Ramsey
County for the Arkwright-Sunrise Area Improvements, City Project 12-09.
Background / Discussion
On March 24, 2014, the City Council awarded Palda & Sons, Inc. a construction contract for
roadway, utility, sidewalk, and trail improvements for the Arkwright-Sunrise Area Improvements,
City Project 12-09.
Ramsey County Department of Public Works is a partner with the City of Maplewood for the
sidewalk and trail improvements along County Road B and Edgerton Street constructed as part
of the Arkwright-Sunrise Area Improvements project. The attached agreement (PW 2014-32)
outlines the responsibilities of each party and how the costs for the construction of the sidewalk
and trail improvements along County Road B and Edgerton Street are to be split between the
City of Maplewood and Ramsey County.
Budget Impact
Ramsey County’s estimated cost share per the approved budget is $176,000. The cost share
amount for Ramsey County, as outlined in the attached cooperative agreement, is $186,119.48.
Ramsey County’s final contribution will be based on construction quantities. No adjustments to
the contract or approved project budget are needed at this time.
Recommendation
It is recommended that the City Council approve the attached Cooperative Agreement with
Ramsey County (PW 2014-32) related to the sidewalk and trail improvements along County
Road B and Edgerton Street as part of the Arkwright-Sunrise Area Improvements, City Project
12-09, and authorize the Mayor and City Manager to sign the agreement signifying the City
Council approval. Minor revisions as approved by the City Attorney are authorized as needed.
Attachments
1. Ramsey County Cooperative Agreement (PW 2014-32)
G4
Packet Page Number 49 of 77
Agreement PW2014-32
RAMSEY COUNTY
COOPERATIVE AGREEMENT
WITH THE CITY OF MAPLEWOOD
Ramsey County Maintenance Project Attachments:
S.A.P. 062-030-018
Engineers Estimate-Exhibit A
Location Map
THIS AGREEMENT is between the City of Maplewood, Minnesota ("City") or (“City of
Maplewood”), and Ramsey County, Minnesota ("County") or (“Ramsey County”);
WITNESSETH:
WHEREAS, the City of Maplewood and Ramsey County desire to perform a Sidewalk
Project (“Project”) consisting of: installation of concrete sidewalk, bituminous walk, pedestrian
ramps, and bituminous curb and gutter on County Road B from Mississippi Avenue to Edgerton
Street, on Edgerton Street from County Road B to 600 feet north and on McKnight Road from
Londin Lane to 400 feet north; and
WHEREAS, County Road B (CSAH 25). Edgerton Street (CSAH 58) and McKnight Road
(CSAH 68) are designated as Ramsey County State Aid Highway; and
WHEREAS, portions of this Project have been designated as eligible for County State Aid
Highway funds (CSAH), reimbursement as S.A.P. 062-030-018; and
WHEREAS, preliminary study reports indicate it is feasible, practical and technically
proper to provide for the Project which includes installation of concrete sidewalk, bituminous walk,
pedestrian ramps, and bituminous curb and gutter; and the Plans have been approved by the City
and the County; and
WHEREAS, project costs based on the contractor bid have been tabulated and attached to
this Agreement as Exhibit A, “Engineer’s Estimate";
NOW, THEREFORE, IT IS AGREED:
1. The City shall prepare the necessary plans, specifications, estimates and proposals in
accordance with funding requirements to take bids for this Project. Costs of project revisions
after the completion of plans and specifications will be paid for by the party requesting the
revisions. Revisions must be consistent with State Aid requirements and are subject to
approval by the County.
2. All Ramsey C ounty owned rights of way and easements within the limits of the Project for
roads, utilities and storm water are hereby extended and granted to the City of Maplewood for
the duration of the Project.
G4, Attachment 1
Packet Page Number 50 of 77
3. Upon award of a construction contract the City shall perform or contract for the performance of
construction inspection.
4. The County and City shall participate in, and are responsible for, the construction costs and
shares identified in Exhibit A. Actual costs will be adjusted to reflect final construction
elements as submitted to the County for approval at the time of final Project completion.
5. The estimated construction cost of the Project is $300,192.71, as set forth in Exhibit A.
6. Any utilities or facilities modified or added to those identified in the plans and specifications
may be incorporated in the construction contract by supplemental agreement and shall be paid
for as specified in the supplemental agreement. Design and construction engineering fees shall
be negotiated at the time of supplemental agreement preparation.
7. The County shall pay to the City fifty (50) percent of the cost of the Project according to the
Ramsey County Cost Participation policy. The estimated cost is $150,096.36, as set forth in
Exhibit A. The County’s contribution will be paid entirely from the CSAH account and in
accordance with MnDOT CSAH requirements.
8. The County shall reimburse the City for engineering costs incurred on its share of project
design and administration. The estimated cost is $18,011.56, as set forth in Exhibit A, as an
engineering fee. Said fee shall be 12% of item costs for which the County is responsible, as
determined at the time of contract award.
9. The County shall reimburse the City for construction inspection costs incurred on its share of
project design and administration. The estimated cost is $18,011.56, as set forth in Exhibit A,
as a construction inspection fee. Said fee shall be 12% of item costs for which the County is
responsible, as determined at the time of contract award.
10. All material testing for this Project shall comply with MnDOT CSAH standards and the
schedule of material control.
11. Quantity distributions identified above shown in Exhibit A are estimates. Actual Cost shall be
based on the contractor’s unit prices and the quantities constructed.
12. All liquidated damages assessed to the contractor in connection with the work performed on the
Project shall result in a credit shared by the City and the County in the same proportion as their
responsibility for the cost of the element of the Project for which the liquidated damages were
assessed.
13. The City shall not specially assess or otherwise recover any portion of its cost for this project
through levy or special assessments on property owned by the County.
14. Throughout project design and construction, the City shall prepare partial cost and payment
estimates for preliminary engineering fees, construction costs, and construction engineering
G4, Attachment 1
Packet Page Number 51 of 77
fees and, at appropriate intervals, notify the County of its share of the costs for its items of
work.
15. Upon final completion of the work, the City shall prepare a revised estimate of cost
participation breakdown based upon the unit prices and the actual units of work estimated to
have been performed and submit a copy to the County.
16. All payments by the County shall be made to the City of Maplewood, Minnesota.
17. Each party is responsible for its own acts, omissions and the results thereof to the extent
authorized by law and will not be responsible for the acts and omissions of others and the
results thereof. Minnesota Statutes Chapter 466 and other applicable law govern liability of the
City and County. Notwithstanding the foregoing, the City will indemnify, hold harmless, and
defend the County against any claims, causes of actions, damages, costs (including reasonable
attorneys fees), and expenses arising in connection with the project covered by this Agreement,
regardless of whether such claims are asserted by the City’s contractor(s) or consultant(s) or by
a third party because of an act or omission by the City or its contractor(s) or consultant(s).
18. This Agreement shall remain in full force and effect until terminated by mutual agreement of
the City and the County.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
last date written below.
(SIGNATURE PAGE TO FOLLOW)
G4, Attachment 1
Packet Page Number 52 of 77
CITY OF MAPLEWOOD,
MINNESOTA
By: _______________________________
Its Mayor
By: _______________________________
Its City Manager
Date: _____________________________
RAMSEY COUNTY
Julie Kleinschmidt, County Manager
Date: _______________________________
Approval recommended:
James E. Tolaas, Director
Public Works Department
Approved as to form:
Assistant County Attorney
G4, Attachment 1
Packet Page Number 53 of 77
EXHIBIT A
COST PARTICIPATION SUMMARY
COUNTY
ROAD B
SIDEWALK
AND TRAIL
EDGERTON
STREET
SIDEWALK
McKNIGHT
SIDEWALK
ESTIMATED
TOTAL
QUANTITY
ESTIMATED
TOTAL COST
MISSISSIPPI COUNTY B LONDIN LN
EDGERTON HWY 36 END
1 2021.501 MOBILIZATION LS $200,500.00 0.025 0.025 0.025 0.074 $14,837.00
2 2101.506 CLEARING AND GRUBBING EACH $162.00
3 2101.507 CLEARING AND GRUBBING ACRE $7,000.00
4 2102.502 PAVEMENT MARKING REMOVAL LF $0.60
5 2102.602 PAVEMENT MARKING REMOVAL EACH $75.00
6 2104.501 REMOVE WOOD FENCE (SPLIT RAIL OR PLANK) LF $8.00
7 2104.501 REMOVE CHAIN LINK FENCE (ALL TYPES) LF $3.00
8 2104.501 REMOVE CONCRETE CURB AND GUTTER (ALL TYPES) LF $3.51 80 15 41 136 $477.36
9 2104.505 REMOVE BITUMINOUS DRIVEWAY OR TRAIL PAVEMENT SY $4.19 1,128 251 141 1,520 $6,368.80
10 2104.505 REMOVE BITUMINOUS ROADWAY PAVEMENT (INCLUDES ANY BITUMINOUS CURB)SY $0.01 513 3 6 522 $5.22
11 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT/APRON SY $10.21 334 334 $3,410.14
12 2104.505 REMOVE CONCRETE WALK / STEPS SF $1.50 50 50 100 $150.00
13 2104.506 BITUMINOUS ROADWAY RECLAMATION SY $5.00 513 3 6 522 $2,610.00
14 2104.513 SAW ROADWAY BITUMINOUS PAVEMENT (FULL-DEPTH)LF $1.82 844 114 55 1,013 $1,843.66
15 2104.521 SALVAGE RETAINING WALL (ALL TYPES)SF $12.00
16 2104.521 SALVAGE LANDSCAPE EDGER OR SHORT WALL (ALL TYPES)LF $5.00
17 2104.521 SALVAGE WOOD FENCE (SPLIT RAIL, PLANK, CHAIN, ETC.)LF $4.00
18 2104.602 SALVAGE MAILBOX ASSEMBLY (ANY NUMBER OF BOXES AND POSTS)EACH $20.00
19 2105.501 COMMON EXCAVATION, CY (EV) (P)CY $18.35 1,333 90 75 1,498 $27,488.30
20 2105.507 SUBGRADE EXCAVATION, CY (EV)CY $0.01
21 2105.507 ADDITIONAL SUBGRADE EXCAVATION, CY (EV)CY $11.08
22 2105.522 SELECT GRANULAR BORROW, CY (CV)CY $0.01
23 2105.526 SELECT TOPSOIL BORROW, CY CY $16.00
24 2105.543 TEMPORARY STABILIZING AGGREGATE, CLASS 6 TON $11.00
25 2105.543 TEMPORARY STABILIZING AGGREGATE, 1.5-INCH MINUS TON $30.00
26 2105.604 GEOTEXTILE FABRIC TYPE V (SUBCUT)SY $0.63
27 2123.601 EQUIPMENT RENTAL (REMOVE/SALVAGE MISC. LANDSCAPE ITEMS)LS $20,000.00
28 2123.610 STREET SWEEPER WITH PICKUP BROOM HOUR $100.00 12 2 2 16 $1,600.00
29 2130.501 WATER FOR DUST CONTROL M GAL $35.00
30 2211.501 AGGREGATE BASE CLASS 6 FOR BITUMINOUS DRIVEWAYS AND TRAILS, 6-INCH THICKNESS SY $3.96 2,793 105 63 2,961 $11,725.56
31 2211.501 AGGREGATE BASE CLASS 6 FOR CONCRETE DRIVEWAYS, 4-INCH THICKNESS SY $2.65 1,381 108 90 1,579 $4,184.35
32 2211.501 AGGREGATE BASE CLASS 6 FOR WALKS, 4-INCH THICKNESS SY $2.65 1,554 313 284 2,151 $5,700.15
33 2211.501 AGGREGATE BASE CLASS 6 FOR STREETS TON $7.71
34 2211.501 ADDITIONAL AGGREGATE BASE CLASS 6 FOR STREETS FOR SUBGRADE SUPPORT TON $7.71
35 2211.501 AGG. SURFACING, CL. 5 (100% CR. LIMESTONE) FOR GRAVEL DWYS, 6" THICKNESS SY $5.40 7 7 $37.80
36 2232.501 MILL BITUMINOUS SURFACE, 2" DEPTH SY $2.50
37 2232.603 MILL BITUMINOUS PAVEMENT, 1.5" DEPTH @ MINIMUM 18" WIDE LF $3.00 754 22 776 $2,328.00
38 2331.603 BITUMINOUS ROAD PAVEMENT CONTROL JOINT SAW AND SEAL LF $3.53
39 2355.502 BITUMINOUS FOG SEAL (TYPE CSS-1h)GAL $4.00
40 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL $2.85 78 2 2 82 $233.70
41 2360.501 TYPE SPWEB240B WEARING COURSE MIXTURE - NEIGHBORHOOD STREETS TON $53.65
42 2360.501 TYPE SPWEB340B WEARING COURSE MIXTURE - COUNTY INTERSECTIONS AND PATCHING TON $102.00 118 1 2 121 $12,342.00
43 2360.502 TYPE SPNWB230B NON-WEARING COURSE MIXTURE - NEIGHBORHOOD STREETS TON $59.40
44 2360.502 TYPE SPNWB330B NON-WEARING COURSE MIXTURE - COUNTY INTERSECTIONS AND PATCH TON $97.00 236 1 3 240 $23,280.00
45 2360.503 TYPE SPWEA230L WEARING COURSE MIXTURE - 3" THICK DRIVEWAY SY $18.10 503 105 63 671 $12,145.10
46 2360.503 TYPE SPWEA230B WEARING COURSE MIXTURE - 3" THICK TRAIL SY $13.10 2,036 2,036 $26,671.60
47 2411.618 ENGINEERED MODULAR BLOCK RETAINING WALL SF $19.50
48 2451.503 GRANULAR BACKFILL (WATER, SANITARY, STORM)CY $0.01
49 2451.603 AGGREGATE PIPE FOUNDATION PER STANDARD PLATE NO. 440 LF $9.47
50 2502.541 4" PERFORATED DRAIN TUBING WITH SOCK (STREET SUBCUT)LF $14.04
51 2521.501 4" CONCRETE CARRIAGE WALK SF $5.15
52 2521.501 4" CONCRETE SIDEWALK SF $2.65 10,291 2,259 1,774 14,324 $37,958.60
53 2521.501 4" CONCRETE WALK RISER-STEPS EACH $250.00
54 2531.501 CONCRETE C&G, DESIGN B612, B618, D412 RIBBON OR TRANSITION LF $8.60 565 15 41 621 $5,340.60
55 2531.507 6" CONCRETE DRIVEWAY PAVEMENT, RESIDENTIAL SY $39.05 597 22 39 658 $25,694.90
56 2531.618 PEDESTRIAN CURB RAMP SF $7.59 1,630 103 60 1,793 $13,608.87
57 2531.618 TRUNCATED DOMES SF $35.00 515 23 17 555 $19,425.00
58 2535.501 BITUMINOUS CURB LF $7.75
59 2540.602 INSTALL SALVAGED POST WITH SINGLE MAIL AND/OR NEWS BOX EACH $35.00
60 2540.602 INSTALL SALVAGED POST WITH MULTIPLE MAIL AND/OR NEWS BOXES EACH $35.00
61 2540.602 FURNISH AND INSTALL POST WITH SINGLE MAIL AND/OR NEWS BOX EACH $75.00
62 2540.602 FURNISH AND INSTALL POST WITH MULTIPLE MAIL AND/OR NEWS BOX EACH $125.00
63 2540.602 INSTALL SALVAGED NEWSPAPER BOX SUPPORT POST AND BOX(ES) EACH $35.00
64 2540.602 SALVAGE & REINSTALL LARGE LANDSCAPE ROCK (BOULDER) EACH $60.00
65 2540.603 INSTALL SALVAGED LANDSCAPE EDGER OR SHORT WALL (ALL TYPES) LF $7.00
66 2540.604 INSTALL LANDSCAPE ROCK, ALL TYPES, 3-INCH THICKNESS W/WEED BARRIER SY $7.00
67 2540.618 INSTALL SALVAGED RETAINING WALL (ALL TYPES) SF $23.00
68 2557.603 INSTALL SALVAGED WOOD FENCE (SPLIT RAIL, PLANK, CHAIN, ETC.) LF $16.00
69 2557.603 INSTALL CHAIN LINK FENCE LF $16.00
70 2557.603 FURNISH AND INSTALL SPLIT RAIL FENCE LF $19.00
71 2563.602 TEMPORARY STREET NAME SIGNAGE EACH $150.00
72 2563.610 TRAFFIC CONTROL - NEIGHBORHOOD LS $16,000.00
73 2563.610 TRAFFIC CONTROL - BURR-ELDRIDGE MILL AND OVERLAY LS $1,000.00
74 2563.610 TRAFFIC CONTROL - COUNTY ROAD B AND EDGERTON SIDEWALKS/TRAILS LS $10,000.00 1 0 1 $10,000.00
75 2563.610 TRAFFIC CONTROL - MCKNIGHT SIDEWALK LS $2,500.00 1 1 $2,500.00
76 2563.610 TRAFFIC CONTROL - BITUMINOUS FOG SEAL LS $1,500.00
77 2571.502 DECIDUOUS TREE 2.5-INCH BALLED & BURLAPPED EACH $375.00
78 2573.502 SILT FENCE, TYPE HEAVY DUTY LF $1.80 280 280 $504.00
79 2573.530 INLET PROTECTION, ALL TYPES EACH $120.00 12 7 3 22 $2,640.00
80 2573.540 FILTER LOG, TYPE COMPOST LOG LF $3.50 4,240 340 440 5,020 $17,570.00
81 2573.601 EROSION CONTROL, CONTRACTOR'S PLAN - NEIGHBORHOOD LS $32,000.00
82 2573.601 EROSION CONTROL, CONTRACTOR'S PLAN - COUNTY ROAD B AND EDGERTON LS $4,000.00 1 1 $4,000.00
EXHIBIT A
ITEM #SPECIFICATION NUMBERDESCRIPTION
UNIT UNIT PRICE
STREET IMPROVEMENTS
G4, Attachment 1
Packet Page Number 54 of 77
EXHIBIT A
COST PARTICIPATION SUMMARY
COUNTY
ROAD B
SIDEWALK
AND TRAIL
EDGERTON
STREET
SIDEWALK
McKNIGHT
SIDEWALK
ESTIMATED
TOTAL
QUANTITY
ESTIMATED
TOTAL COST
MISSISSIPPI COUNTY B LONDIN LN
EDGERTON HWY 36 END
EXHIBIT A
ITEM #SPECIFICATION NUMBERDESCRIPTION
UNIT UNIT PRICE
83 2573.601 EROSION CONTROL, CONTRACTOR'S PLAN - BURR-ELDRIDGE MILL AND OVERLAY LS $2,000.00
84 2573.601 EROSION CONTROL, CONTRACTOR'S PLAN - MCKNIGHT SIDEWALK LS $2,000.00 1 1 $2,000.00
85 2573.602 FURNISH AND MAINTAIN ROCK ENTRANCE PAD AS PER PLATE 350 EACH $500.00
86 2575.523 EROSION CONTROL BLANKET, CATEGORY 3, WOOD FIBER, 2S NATURAL NETTING SY $1.50
87 2575.532 COMMERCIAL FERTILIZER, ANALYSIS 10-10-10 FOR SODDED/SEEDED AREAS (300 LBS/ACRE LB $0.70
88 2575.561 HYDRAULIC SOIL STABILIZER, TYPE 8 - BONDED FIBER MATRIX SY $1.50
89 2575.603 WATER FOR TURF ESTABLISHMENT (ADDITIONAL)M GAL $20.00
90 2575.604 TURF ESTABLISHMENT w/SEED MIXTURE 25-131 (MNDOT 260) (220 LBS/ACRE)SY $0.25
91 2575.604 TURF ESTABLISHMENT w/SEED MIXTURE 35-221 (MNDOT 330) (36.5 LBS/ACRE)SY $1.00
92 2575.604 MINERAL SOD SY $2.65
93 2582.502 4" SOLID LINE WHITE - EPOXY LF $0.30
94 2582.502 24" SOLID LINE WHITE - EPOXY LF $7.00
95 2582.502 4" SOLID LINE YELLOW - EPOXY LF $0.31
96 2582.502 4" BROKEN LINE YELLOW 10-30 - EPOXY LF $0.31
97 2582.502 4" DOUBLE SOLID LINE YELLOW - EPOXY LF $0.62
98 2582.503 CROSSWALK MARKING WHITE - EPOXY SF $4.20 234 126 360 $1,512.00
$300,192.71
99 2104.501 REMOVE STORM SEWER PIPE (ANY SIZE & TYPE)LF $8.50
100 2104.509 REMOVE DRAINAGE STRUCTURE (CB, MH, CB-MH, OR FES) (ANY SIZE)EACH $350.00
101 2104.523 SALVAGE STORM SEWER CASTING EACH $30.00
102 2104.602 SALVAGE FLARED END SECTION EACH $100.00
103 2105.515 UNCLASSIFIED EXCAVATION FOR UNDERGROUND INFILTRATION SYSTEMS (P)CY $9.45
104 2105.603 MINOR GRADING LF $25.00
105 2105.604 GEOTEXTILE FABRIC TYPE V - NON-WOVEN (INFILTRATION SYSTEMS)SY $1.50
106 2411.604 DRY-STACK IRREGULAR STONE RETAINING WALLS SF $28.15
107 2451.511 3-INCH TO 1.5-INCH WASHED ROCK CY $49.92
108 2501.525 12-INCH HDPE PIPE APRON EACH $466.00
109 2501.525 15-INCH HDPE PIPE APRON EACH $466.00
110 2501.525 21-INCH HDPE PIPE APRON EACH $622.00
111 2501.525 24-INCH HDPE PIPE APRON EACH $622.00
112 2503.511 12-INCH CORRUGATED SMOOTH WALL HDPE PIPE SEWER LF $24.91
113 2503.511 15-INCH CORRUGATED SMOOTH WALL HDPE PIPE SEWER LF $27.90
114 2503.511 18-INCH CORRUGATED SMOOTH WALL HDPE PIPE SEWER LF $33.52
115 2503.511 21-INCH CORRUGATED SMOOTH WALL HDPE PIPE SEWER LF $37.95
116 2503.511 24-INCH CORRUGATED SMOOTH WALL HDPE PIPE SEWER LF $53.57
117 2503.511 48-INCH CORRUGATED SMOOTH WALL HDPE PIPE - PERFORATED LF $79.63
118 2503.511 60-INCH CORRUGATED SMOOTH WALL HDPE PIPE - PERFORATED LF $114.42
119 2503.602 CONNECT TO EXISTING STORM SEWER PIPE EACH $356.00
120 2503.602 CONNECT TO EXISTING STORM SEWER / CORE DRILL EACH $600.00
121 2503.603 PIPE BEDDING FOR HDPE STORM SEWER, PER STD PLT 440 LF $0.01
122 2506.502 CONSTRUCT 12" NYLOPLAST DRAIN & BASIN EACH $827.00
123 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 2x3 BOX EACH $1,011.00
124 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 48-INCH CB/MH EACH $1,608.00
125 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 60-INCH CB/MH EACH $2,415.00
126 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 72-INCH CB/MH EACH $3,518.00
127 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 84-INCH CB/MH EACH $6,596.00
128 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 96-INCH CB/MH EACH $8,630.00
129 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 120-INCH CB/MH EACH $12,225.00
130 2506.521 FURNISH & INSTALL R-1678-A FRAME & SOLID LID OR EQUIV FOR STORM SEWER EACH $870.00
131 2506.521 FURNISH & INSTALL R-3067-V FRAME & GRATE OR EQUIV EACH $788.00
132 2506.521 FURNISH & INSTALL NYLOPLAST 1299CGS GRATE OR EQUIV EACH $100.00
133 2506.602 REINSTALL SALVAGED STORM SEWER CASTING EACH $410.00
134 2511.502 RANDOM RIPRAP, CLASS IV CY $150.00
135 2511.515 GEOTEXTILE FABRIC, TYPE IV FOR RIP RAP SY $5.00
136 2531.602 SPLASH BLOCK ASSEMBLY - COMPLETE EACH $455.00
137 2571.504 DECIDUOUS SHRUB, # 2 CONTAINER EACH $39.00
138 2571.504 PERENNIAL, #1 CONTAINER EACH $14.00
139 2571.602 RESIDENTIAL RAINWATER GARDEN PREPARATION SF $5.61
140 2104.523 SALVAGE SANITARY SEWER CASTING EACH $30.00
141 2104.603 ABANDON IN PLACE - 20-INCH SANITARY SEWER PIPE LF $11.41
142 2503.602 8" x 6" SCHEDULE 40 SERVICE WYE EACH $908.00
143 2503.603 8" SANITARY SEWER LINING LF $17.00
144 2503.603 12" SANITARY SEWER LINING LF $315.00
145 2503.603 PIPE BEDDING FOR PVC SANITARY SEWER PIPE OR WATERMAIN PER STD PLATE 440 LF $0.01
146 2503.603 4" OR 6" PVC, SCH. 40 SANITARY SEWER SERVICE PER PLATE 410 OR 410A LF $56.96
147 2506.521 FURNISH & INSTALL R-1678-A FRAME & R-1422-0015 LID FOR SANITARY SEWER EACH $870.00
148 2506.603 RECONSTRUCT SANITARY SEWER MANHOLE VF $276.00
149 2504.602 ADJUST CURB STOP HOUSING EACH $75.00
150 2504.602 ADJUST GATE VALVE BOX EACH $150.00
151 2504.602 WATER UTILITY HOLE (EXCAVATE & BACKFILL)EACH $764.00
152 2504.602 WATER UTILITY OFFSET/REPLACEMENT TRENCH (EXCAVATE & BACKFILL)EACH $1,500.00
153 2504.603 REPAIR CURB STOP HOUSING / GATE VALVE BOX EACH $400.00
154 2504.603 WATER MAIN TRENCH LF $26.01
155 2504.603 WATER SERVICE TRENCH LF $40.74
156 2504.604 2" INSULATION SY $15.00
157 2506.521 FURNISH & INSTALL CASTING ASSEMBLY, TYPE FORD COVER A-1 EACH $181.00
158 2104.503
REMOVE CONCRETE SIDEWALK PAVEMENT (PRIVATE)SF $1.50
159 2104.505
REMOVE BITUMINOUS DRIVEWAY PAVEMENT (PRIVATE)SY $4.88
160 2104.505
REMOVE CONCRETE DRIVEWAY PAVEMENT (PRIVATE)SY $11.96
161 2105.507
COMMON EXCAVATION, CY (EV) FOR EXPANSION OF DRIVES AND WALKS (PRIVATE)CY $25.00
PRIVATE DRIVEWAY IMPROVEMENTS
STORM SEWER IMPROVEMENTS
SANITARY SEWER IMPROVEMENTS
WATERMAIN IMPROVEMENTS
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EXHIBIT A
COST PARTICIPATION SUMMARY
COUNTY
ROAD B
SIDEWALK
AND TRAIL
EDGERTON
STREET
SIDEWALK
McKNIGHT
SIDEWALK
ESTIMATED
TOTAL
QUANTITY
ESTIMATED
TOTAL COST
MISSISSIPPI COUNTY B LONDIN LN
EDGERTON HWY 36 END
EXHIBIT A
ITEM #SPECIFICATION NUMBERDESCRIPTION
UNIT UNIT PRICE
162 2105.507
SUBGRADE EXCAVATION, CY (EV) FOR DRIVEWAYS (PRIVATE)CY $25.00
163 2105.526
SELECT TOPSOIL BORROW, CY (CV) FOR TURF ESTABLISHMENT (PRIVATE)CY $22.00
164 2211.501
AGGREGATE BASE CLASS 6 FOR DRIVEWAYS (PRIVATE)SY $4.88
165 2360.503
TYPE SPWEA230LWEARING COURSE MIXTURE - 3" THICK DRIVEWAY (PRIVATE)SY $22.15
166 2521.501
4" CONCRETE WALK (PRIVATE)SF $6.25
167 2531.507
6" CONCRETE DRIVEWAY PAVEMENT, RESIDENTIAL (PRIVATE)SY $62.70
168 2575.505
SODDING, TYPE LAWN (PRIVATE)SY $10.00
$300,192.71
$150,096.36
$18,011.56
$18,011.56
$186,119.48
TOTAL SIDEWALK/TRAIL ESTIMATE:
RAMSEY COUNTY SHARE 50%:
RAMSEY COUNTY TOTAL:
12% Engineering & Administration :
12% Project Inspection :
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MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: DuWayne Konewko, Parks and Recreation Director
Jim Taylor, Parks Manager
DATE: August 24, 2015
SUBJECT: Approval of Funding for the Tuj Lub Project at Keller Park
Introduction
Over the past year staff has been working on an exciting partnership with Ramsey County, The
Minnesota Tuj Lub Association, and our legislative team to bring state of the art Tuj Lub courts
into the community. This project is a direct result of recommendations made in the adopted
Maplewood Parks System Plan.
Background
Tuj Lub (pronounced “too-loo”) is a traditional Hmong sport involving spinning tops. Teams of
six compete to earn points by launching tops towards various targets at distances ranging from
ten feet all the way up to seventy feet. This aspect of the culture is an important way to preserve
their heritage and introduce new players to the sport.
The project will consist of four courts located at the Keller Park Golfview site. Included in this
project is an accessible paved trail, irrigated turf, fencing, reinforced turf for high impact areas,
concrete launch pad and throwing lanes, PVC coat belting for throwing lane, landscaping,
signage, and seating.
Discussion
The only other known Tuj Lub court constructed in the United States is in Westminster, CO.
With over 77,000 Minnesotans of Hmong heritage, this is a much needed amenity that we can
bring to the community.
Funding
The total cost of this project is $300,000. This total includes all of the improvements mentioned
earlier in this report. Some additional amenities may be added later, if the MN Tuj Lub
Association is able to secure additional funding. Also, staff is in the early stages of working with
Sepak Takraw of the United States about the possibility of adding Takraw Courts as well. If
these discussions progress there may be an additional funding request that will come back to
Council at a later date.
During the 2015 Legislative Session, staff along with our partners testified to the House and the
Senate on this project. This bill was sponsored by Senator Hawj in the Senate and
Representative Lillie in the House. Through this testimony and working with our legislative team
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we were able to secure $150,000 of bonding money through the Arts, Culture, and Heritage
portion of the Legacy Fund. This money is allocated to the Minnesota Humanities Center and
then available to the project upon application. This application is currently being completed by
the County.
The remainder of the project will be split between the City and Ramsey County. The City’s
portion is $75,000 that will be paid for out of the Park Development Fund. The County will serve
as the fiscal agent for this project and all payments will be made to them. Approval will be
needed for the Finance Director to establish a budget for this project in the Park Development
Fund.
Recommendation
Staff recommends approval of the Tuj Lub Project at Keller Park and authorizes payment of
$75,000 from the Park Development Fund to Ramsey County to cover the City’s cost share.
The Finance Director is also authorized to establish a budget of $75,000 in the Park
Development Fund for this project.
Attachments
1. Site Plan
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-'..'44')+10#.2#4-:&1%7/'065:;<<025'50'100'150'G5, Attachment 1Packet Page Number 59 of 77
MEMORANDUM
TO:
FROM:
Melinda Coleman, City Manager
DuWayne Konewko, Parks and Recreation Director
Ann Hutchinson, Lead Naturalist
DATE: August 24, 2015
SUBJECT: Approval of a Resolution Accepting a Donation to Maplewood Nature Center
Introduction
A donation of $25.00 was sent to the Maplewood Nature Center from Lynnette Olson.
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.
Budget Impact
This is a donation and no matching funds are required.
Recommendation
Approve the Resolution accepting the donation of $25.00 to the Maplewood Nature Center from
the Olson family.
Attachments
1.Resolution Acceptance of Donation to the Maplewood Nature Center
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RESOLUTION
ACCEPTANCE OF DONATION
WHEREAS the City of Maplewood and the Parks and Recreation Department has
received a donation of $25;
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the
City of Maplewood, Parks and Recreation Department to accept this donation.
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MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Daniela Lorenz, Planning Intern
Michael Martin, AICP, Economic Development Coordinator
DATE: August 19, 2015
SUBJECT: Consideration of an Ordinance Amendment to Allow Temporary Exterior
Sales in Business Commercial Districts – Second Reading
Introduction
At the July 27, 2015 meeting, the city council approved the first reading of a proposed ordinance
amendment to allow temporary exterior sales in business commercial districts. The city council
did request staff bring back options for the council to consider regarding the approved length of
time for temporary exterior sales and requested the planning commission review this proposal
one more time regarding the approved length of time.
Background
Section 44-511 (permitted uses), in the BC district regulations, does not permit any exterior
sales of goods. Section 44-512 (conditional uses), allows the sale of exterior goods with a
conditional use permit in a BC district.
Currently, there is no mention of temporary exterior sales in Maplewood’s city code.
Discussion
Code Amendment to Allow Temporary Exterior Sales
The BC ordinance already allows “exterior sales” with a CUP as follows: “the exterior storage,
display, sale, or distribution of goods or materials, but not including a junkyard, salvage
automobile, or other wrecking yard. The city may require screening of such uses pursuant to
the screening requirements of subsection (6.a.) of this section.”
There have been businesses such as temporary greenhouses, fireworks stands, fruit and
vegetable stands and food vendors that have operated in the city for many years, securing the
appropriate licenses through the clerk’s office but their zoning status was never questioned.
This proposed amendment is an attempt to rectify a current gap in the city’s zoning ordinance.
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Length of Time Considered for Temporary Sales
In this ordinance amendment, staff had originally recommended 180 days for temporary sales.
Currently, licenses issued from the city clerk’s office have the potential to be valid for a full year.
Staff’s rationale was the state building code considers a temporary building to be in place for up
to 180 days. Staff was recommending that anything above 180 days be required to receive
approval for a conditional use permit. Staff’s intent was the keep the zoning requirements
straight forward since all the rules currently in place regulating the issuance of licenses and
permits for temporary sales will continue to be enforced.
Staff looked at other cities for guidance on an appropriate length of time. The key point staff
discovered in its research is that there is no common standard among cities. Stillwater allows
garden centers to be in operation for up to 90 days per year and fireworks sales for up to three
weeks. Woodbury limits outdoor sales to 10 days per year and the operation must either own
the land or have a year lease. St. Louis Park has a limit of 180 days. Richfield allows for up to
six months.
During the planning commission’s review of the appropriate length of time it reaffirmed that it
was comfortable with 180 days and actually recommended the ordinance language be six
months for ease of tracking. Staff is also comfortable with the recommendation of 180 days or
six months. If desired, staff is also comfortable with 120 days as an option. Staff does feel 90
days would be too short of a time. The intention is to start the “zoning clock” on the day of
issuance of a license or permit. Most operations do not start selling on the day of permit or
license issuance as they need approval from the city in order to commence setting up.
Commission Actions
The planning commission recommended approval of the proposed amendment at its meeting on
July 7, 2015.
The planning commission reviewed this proposal again at its meeting on August 18, 2015,
considered other ranges of time for temporary uses, and stated it was still comfortable with the
180-day range. The commission recommended the language be changed to 6 months instead
of using days for ease of tracking.
Budget Impact
None
Recommendation
Adopt the resolution amending Section 44-511 adding an additional permitted use allowing
temporary exterior sales in BC (business commercial) districts.
Attachments
1. Ordinance Amendment to Section 44-511
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ORDINANCE NO. ___
AN ORDINANCE AMENDMENT TO ALLOW
TEMPORARY EXTERIOR SALES IN BC (BUSINESS COMMERCIAL) ZONING DISTRICTS
The Maplewood City Council _________ the following revision to the Maplewood Code of
Ordinances. (Additions are underlined.)
Section 1. Section 44-511 of the Maplewood Code of Ordinances is hereby amended as
follows:
Sec. 44-511. Permitted Uses.
The city shall only permit the following uses by right in a BC business commercial district:
(18) Temporary exterior sale of goods, up to 6 months per year, pursuant to licensing and
permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28,
article II.
Section 2. This ordinance shall take effect after the approval by the city council and publishing
in the official newspaper.
The Maplewood City Council ________ this ordinance revision on ___________.
__________________________
Mayor
Attest:
_________________________
City Clerk
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MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Virginia Gaynor, Natural Resource Coordinator
James Taylor, Park Manager
Steven Love, Assistant City Engineer
DATE: August 17, 2015
SUBJECT: Consideration to Proceed with Design Work, Fish Creek Improvements, City
Project 15-19
Introduction
The City Council will consider authorizing city staff to proceed with design work for the Fish
Creek Improvements, City Project 15-19.
Background / Discussion
On October 22, 2012 the City Council approved the Fish Creek Master Plan. This plan includes
a paved bituminous trail over a portion of the Fish Creek property and additional areas for
parking as shown on the attached concept map.
The City of Maplewood was awarded a $318,000 grant from the Metropolitan Council in 2014
for improvements at the 70-acre Fish Creek site. The improvements to the Fish Creek site must
be completed by July 31, 2018 to receive the grant money. The goal of the Fish Creek
Improvements project is to design and install an accessible paved bituminous trail, parking lot
and trail head.
This is a joint project between the City of Maplewood’s Parks and Recreation Department and
the Public Works Department. During the design process this item will be brought before the
Parks and Recreation Commission, Environmental and Natural Resources Commission, and
Heritage Preservation Commission. Additionally, staff will be hosting an open house meeting to
gather input from the public. After the design is completed this item along with the proposed
funding plan will be brought before the City Council for approval prior to advertizing for bid.
Budget Impact
There are no budget impacts to the project at this time. The cost of construction will be funded
by the Metropolitan Council grant. This grant cannot be utilized to pay for engineering design
costs. Therefore, the Public Works Department will be assisting the Parks Department by
preparing plans and specifications necessary for bidding and constructing the project. City staff
will continue to look for opportunities to partner with other agencies to maximize the scope of
the proposed project.
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Recommendation
It is recommended the City Council authorize city staff to proceed with the Fish Creek
Improvements, City Project 15-19 design work.
Attachments
1. Fish Creek Concept Design Map
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rustic trail
Paved Trail
Paved Trail Alternate
Paved Trail Alternate
rustic trail
Proposed parking
Archaelogical site
Need further study
^`
^`^`
Fish Creek Trail Concept
±0550275Feet
^`Vista locations
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MEMORANDUM
TO: City Council
FROM: Melinda Coleman, City Manager and H. Alan Kantrud, City Attorney
DATE: August 13, 2015
SUBJECT: CenturyLink Franchising Discussion
Introduction/Background
The City of Maplewood is a member-city in the Ramsey-Washington Suburban Cable
Commission, which includes a group of a dozen cities in the immediate area. The group is
governed by a JPA entered into in 1995. While the Commission is responsible for managing the
member cities’ existing franchise with Comcast, there is no current franchise between
CenturyLink and the City of Maplewood. City staff is considering its options in this regard and
brings this issue before you for consideration.
Discussion
Status Quo
When the City joined the Cable Commission in the early-mid 90’s the range of options for
franchises/cable providers was very low. In fact, the only cable-operator for 20 years has been
Comcast or their predecessor. While Comcast is still the primary driver of ‘cable-based’
residential programming, another operator, CenturyLink, has been developing its own product.
CenturyLink has labeled its product, “Prism,” and touts it as a more navigable and user-friendly
environment with a more on-demand focus than that offered by Comcast. A description of the
service and its highlights is attached to this report.
Franchise Required
In order to provide access to this product for the citizens of Maplewood, CenturyLink will have to
seek and be granted a “franchise,” from the City in much the same manner as Comcast and
Xcel have currently. This franchise would authorize CenturyLink to utilize the City’s right-of-
ways to gain access to the customers/residents that choose to contract with them.
The franchising process is one that the City is very familiar with. Over the last 8 years staff has
re-stated its electric franchise twice and established its gas franchise just this past spring. While
the City remains a member of the RWSCC, nothing in that JPA membership precludes
entertaining a franchise directly with CenturyLink. The franchise is granted by the City, not by
the Commission. The Commission represents its member-cities more as a collective-bargaining
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entity ensuring that all the members get the “same deal.”
Benefits of a Franchise Grant to CenturyLink by the City
Competition within the cable industry in Maplewood, as in most areas, has historically been
almost non-existent with the only competition for the incumbent coming from dish solutions.
The addition of another franchisee will provide an additional choice for our residents in a market
where they’ve traditionally had few. Competition will likely also ensure better service and lower
costs for residents from all franchisees.
Assuming that CenturyLink will indeed submit a franchise request, entertaining that request
directly with the requestor will allow the City to craft the agreement to the needs of Maplewood
residents and be much more agile when it comes to negotiating the terms of the agreement.
One such item spelled out in the terms will be the PEG and franchise fees subscribers pay. As
a member of the RWSCC the City has access to the resources they provide with funds from
those fees. That being said, as stated above in regards to negotiations, having those funds
come completely to the City will allow us to have full creative control on how they are used.
Entertaining and ultimately entering into a franchise agreement with CenturyLink on the City’s
own means that the City will then have access to 100% of those fees. While there are specified
uses for some of those funds, staff feels that those uses align nicely with the City Council’s goal
to increase communication and citizen engagement with Maplewood residents.
Timeline for Process
The franchising of a cable operator/company in Minnesota is a statutory procedure, governed by
Minn. Stat. § 238 there are three essential timelines that must be respected:
1) An intent to accept ‘proposals’ must be published once a week for two consecutive weeks in
a local paper and notices given to interested parties;
2) A 20-day period of time must be open within which applications/proposals may be submitted
and;
3) Seven days must elapse following the closing of the aforementioned 20 days before a
franchise can be awarded.
Depending on how long the City would like the process to stay open, the process could take 41
days or as little as 27 days.
Process for Moving Forward
If the Council decides to move forward with the franchising of CenturyLink, staff will work both
internally and with the assistance of an experienced cable-franchising attorney to assist the City
in completing the process.
CenturyLink has entered the Twin Cities market and the market has responded favorably.
Whether it is the product or just the notion of competition within the cable industry, CenturyLink
has negotiated with 60+ cities to enter their municipal markets and franchised with them. To
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that end, the negotiation process will not be difficult. There many contracts to compare to, and
the base will be the existing franchise with Comcast.
Staff is confident that it can have a franchise before the City Council by November for approval
and potentially a franchise in place and CenturyLink available to the City’s residents before
Christmas. The timing is particularly good for this process as CenturyLink is in the process of
planning its build-out schedule for 2016 at this time and if the City were to grant a franchise in
the near future it may be in a position to be part of that schedule.
This request is just to initiate the application process. An opportunity for a public hearing and
public comment will be part of any consideration of the actual ‘grant’ of a franchise to
CenturyLink.
Recommendation
Staff asks that the Council consider approval to proceed with the opportunity to enfranchise
CenturyLink in the City through the statutory application process.
Attachments:
1. Prism Literature
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1J2, Attachment 1
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What is Prism™TV?CenturyLink®Prism™ TV runs off an Internet Protocol (IP) network that id b kb f hi hlit i t i t tiserves as a video backbone for higher-quality picture, interactive features and other IP-based applications. So how does it work? Video content travels CenturyLink’s managed 2-way IP network and arrives at the customer’s home usually via away IP network and arrives at the customer s home usually via a fiber/copper network or, in some cases, fiber-to-the-home technology. Providing a more interactive TV experience. Prism™ TV always has the newest technology and features because the system updates gyy pautomatically.Experience Prism through the Prism Test Drive:Experience Prism through the Prism Test Drive:http://www.centurylink.com/prismtv/#prism-tv-virtual-test-drive.html2J2, Attachment 1
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This is Prism™TV. There is no comparison.Wireless Set-Top Box + Put your TV virtually anywhere + No longer tied to a cable outletWhole Home DVR+ Watch and record multiple shows at once with a single DVR+ Start a show in one roompause itpick it up in another+ No longer tied to a cable outlet + Cable can’t give you this+ Start a show in one room –pause it –pick it up in another+ Pause live TV from any roomPrism on the GoHD Leader+ Watch TV anywhere and on any device+ Set the DVR remotely+ Access Video On Demand and To-Go Channels+ Leader in HD channels+ More HD channels than cable or satellite + Over 210 and growingApp Center+ Access apps from your TV + Check local weather, gas prices and more + Play games, read horoscope, get recipesFind-It-Fast Navigation®+ Find exactly what you want + Find shows by actor, title and director3J2, Attachment 1
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This is Prism™TV. There is no comparison.Warp-Speed Channel Change+ Fly through channels with virtually no lag timeLast 5+ Flip to the last 5 channels in one clickMulti-View+ Watch four different shows at the same timeAdvanced Parental Controls+ Control what the kids watch by locking programs by ratingsSports Channels+ More sports channels in the basic package without having to upgradeHispanic Channels+ Hispanic channels are included with every packageSatisfaction Guarantee+ 30 days to try Prism™ TV risk freeProfessional Installation+ To ensure Prism™ TV is installed correctly, we set it up4J2, Attachment 1
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MEMORANDUM
TO: City Council
FROM: Melinda Coleman, City Manager
DATE: August 24, 2015
SUBJECT: Council Calendar Update
Introduction/Background
This item is informational and intended to provide the Council an indication on the current
planning for upcoming agenda items and the Work Session schedule. These are not official
announcements of the meetings, but a snapshot look at the upcoming meetings for the City
Council to plan their calendars. No action is required.
Upcoming Agenda Items & Work Session Schedule
1. September 14th
a. Workshop – 2016 Budget Discussion, Management of Stray and Wild Cats
b. City Council Meeting – City Attorney Quarterly Reports, Green Step City Award
2. September 28th
a. City Council Meeting – Set 2016 Preliminary Levy Increase
3. October 12th
a. Workshop – Kid City Program, Preview Election Equipment
Budget Impact
None.
Recommendation
No action required.
Attachments
None.
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