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Home My WebLink About2008 01-28 City Council MeetingSPECIAL MEETING CLOSED SESSION AGENDA MAPLEWOOD CITY COUNCIL 5:00 P.M. Monday, January 28, 2008 Council Chambers, City Hall Meeting No. 2 A. CALL TO ORDER B. APPROVAL OF AGENDA C. UNFINISHED BUSINESS 1. Declaration of Special Meeting topic and intent to close session. 2. Arthur and Rose Mahnke v. Ramsey County, City of Maplewood, Zachary Hansen, Robert Fulton, Fazi Awad, John Springman, Composting Concepts, Inc., Cappies Trucking, Inc, - C1-0605091-Pierre Regnier, Jardine, Logan & O Brien, Attorneys at Law, P.L.L.P D. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk s Office at (651) 249-2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. id18239250 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, January 28 2008 Council Chambers, City Hall Meeting No. 2-08 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 1.Acknowledgement of Maplewood Residents Serving the Country C. ROLL CALL Mayor s Address on Protocol: Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments. D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. January 14, 2008 City Council Special Meeting Minutes. 2. January 14, 2008 City Council Meeting Minutes. 3. January 17, 2008 Continuation of January 14, 2008 City Council Meeting Minutes. F. VISITOR PRESENTATIONS G. APPOINTMENTS/PRESENTATIONS 1. Swearing In of Police Officer Jeffrey Isacson. H. PUBLIC HEARINGS I. CONSENT AGENDA 1. Approval of Claims. 2. County Road D Realignment West (T.H. 61 to Walter Street), City Project 02-08, Resolution Approving Modification of Existing Construction Contract, Change Order No. 42. 3. Conditional Use Permit Review 5-8 Tavern and Grill (2289 Minnehaha Avenue). 4. Conditional Use Permit Review 3M Leadership Development Institute (2350 Minnehaha Avenue). 5. Metro Gang Strike Force Grant Agreement and Resolution. All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. J. AWARD OF BIDS K. UNFINISHED BUSINESS 1. Comprehensive Plan Update: Consider Contract Amendments with McCombs, Frank, Roos, and Assoc., Kimley-Horn Associates, SEH, Inc. and Applied Ecological Services, Inc. for Updates to all Chapters of Comprehensive Plan. 2. Consideration of Removal of Greg Copeland as City Manager: Report from City Attorney on Retention of Legal Counsel. L. NEW BUSINESS 1. Club Liquor License Change of Manager James Warren Lane, Jr. Maplewood Moose Lodge #963. 2. Wine/Strong Beer Liquor License- Change of Manager Brian Drought Pei Wei Asian Diner. 3. On-Sale Liquor License New Owner and Manager Mahmood Khan Stargate Nightclub. id18246734 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com 4. Dynamic Display Signs Moratorium Ordinance (First Reading). 5. Planning Commission s 2007 Annual Report. 6. Myrtle-Idaho Area Street Improvements, City Project 07-19, Resolution Accepting Feasibility Study and Ordering Public Hearing. 7. Kohlman Lane Area Street Improvements, City Project 07-21, Resolution Accepting Feasibility Study and Ordering Public Hearing. 8. Consider Approval to Purchase Laptop Computers. 9. Consider Approval to Purchase Carbine Rifles. 10. Planning Council Retreat M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk s Office at (651) 249-2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. January 14, 2008, Special Meeting/Closed Session 1 MINUTES MAPLEWOOD CITY COUNCIL SPECIAL MEETING/CLOSED SESSION 5:30 p.m., Monday, January 14, 2008 Council Chambers, City Hall Meeting No. 1 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:30 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Councilmember Rossbach moved to approve the agenda. Seconded by Councilmember Nephew. Ayes All D. MCSA vs. City of Maplewood, MPCIT No. 11058586, Pam VanderWiel, Attorney at Law, Greene Espel, PLLP Mayor Longrie closed the meeting at 5:35 p.m. The Attorneys for the League of Minnesota Cities did not show for the meeting. E. ADJOURNMENT Mayor Longrie opened the meeting back up at 5:59 p.m. and adjourned the meeting. Agenda Item E1 id18255390 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com January 14, 2008 City Council Meeting MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, January 14, 2008 Council Chambers, City Hall Meeting No. 1 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present D. APPROVAL OF AGENDA Councilmember Hjelle requested to remove agenda items K8 and L4 due to legal issues. Councilmember Hjelle requested the addition of M1. Council Presentations, a discussion regarding Joe Plant and City Manager, Greg Copeland. Councilmember Nephew requested to add M2. Council Presentations, Fire at Wipers Recycling, M3. Orientation and M4. Council Staff Retreat. He also suggested item L5. New Business be moved ahead of Public Hearings due to the attention of the subject matter. Councilmember Rossbach requested the addition of M5. Council Presentations, South Leg meeting and M6. Ramsey County League of Government. Councilmember Juenemann moved to approve the agenda as amended. Mayor Longrie made a friendly amendment L5. New Business should come after the public hearing since that is the timeframe the city advertises the public hearing to be heard. Councilmembers Nephew and Juenemann accepted the Friendly amendment. Seconded by Councilmember Nephew. Ayes Mayor Longrie, Councilmembers Juenemann Nephew & Rossbach Nay Councilmember Hjelle The motion passed. Agenda Item E2 id18617765 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com January 14, 2008 City Council Meeting 2 E. APPROVAL OF MINUTES Mayor Longrie had a correction to the December 10, 2007, city council meeting minutes on page 24 under the Adoption of 2008 City Budget. The motion should read as follows: Councilmember Rossbach moved to approve the Adoption of the 2008 City Budget. However, the council is sending the 2008 City Budget back to city staff to be reviewed again to make reductions across the board as staff finds appropriate in order to create enough funding in the 2008 City Budget that does not remove any existing Maplewood personnel from employment in the City of Maplewood including to retaining the two Planning positions and the Business License Specialist position that was proposed to be removed. Councilmember Rossbach moved to approve the December 10, 2007, city council meeting minutes as amended. Seconded by Mayor Longrie. Ayes Mayor Longrie, Councilmembers Hjelle, Juenemann, & Rossbach Abstain Councilmember Nephew The motion passed. Councilmember Rossbach moved to approve the December 27, 2007, Special City Council Meeting minutes. Seconded by Councilmember Juenemann. Ayes Mayor Longrie, Councilmembers Hjelle, Juenemann, & Rossbach Abstain Councilmember Nephew The motion passed. Councilmember Rossbach recommended moving H. Appointments/Presentations items H1 and H2 ahead of the Public Hearing because it wasn t time to begin the public hearing yet. Seconded by Councilmember Juenemann. Ayes All The motion passed. H. APPOINTMENTS/PRESENTATIONS (approved to be heard out of order) 1. Community Outreach Commission Update. Karen Guilfoile, Citizen Services Manager.City Clerk, Citizen Services Manager presented the report regarding the Community Outreach Commission and upcoming information for new Businesses and Residents in Maplewood. January 14, 2008 City Council Meeting 3 2. Two lifesaving awards a. Fire Chief, Steve Lukin gave the report and presented lifesaving awards to James Behrens and Margaret Behrens for their heroic efforts in 2006. F. PUBLIC HEARINGS 1. Priory Public Improvements, City Project 07-24 a. Public Hearing 7:15 p.m. or later b. Resolution Ordering Improvement After Public Hearing (requires 4 votes) c. Public Works Director, Chuck Ahl presented the report. d. Mayor Longrie opened the Public Hearing at 7:30 p.m. 1. Ron Cockriel, 943 Century Avenue, Maplewood. 2. Kris Eiden, Member of the Board of Trustees for Hill-Murray School. 3. Ann Fosberg, 2516 Idaho Avenue East, Maplewood. Mayor Longrie closed the Public Hearing. Councilmember Rossbach moved to approve the resolution ordering the improvement of the Priory Public Improvements, City Project 07-24. (addition to the resolution is in bold and underlined.) RESOLUTION 08-01-001 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 10th day of December, 2007, fixed a date for a council hearing on the proposed street improvements for the Priory Public Improvements, City Project 07-24. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on January 14th, 2008, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Priory Public Improvements, City Project 07-24. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 14th day of January 2008. 3. The city s consultant, Short Elliott Hendrickson Inc., is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The city will retain the right to assess Hill-Murray School in the future for the cost of the trail. January 14, 2008 City Council Meeting 4 5. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $1,212,089 shall be established. The proposed financing plan is as follows: Special Assessments: $ 1,144,487 City GO Improvement Bonds: $ 67,602 Mayor Longrie made a Friendly amendment that the city should retain the right to assess Hill-Murray School in the future for the cost of the trail. The Friendly amendment was accepted by both Councilmember Rossbach and Nephew. Seconded by Councilmember Nephew. Ayes - All The motion passed. (The council agreed to move item L. 5. ahead due to the attention of the subject matter.) L. NEW BUSINESS 5. Consideration of process options available for replacement of a City Manager Councilmember Rossbach No Report. Councilmember Rossbach spoke regarding how to proceed with replacing the current City Manager, Greg Copeland. Councilmember Rossbach said a possible course of action would be to consider putting Mr. Copeland on paid administrative leave. This would give the council the opportunity to seek outside guidance which the council needs. Until the council gets the information and knows all the options that are available to the council, it would be improper and too soon for the council to make a motion to terminate Mr. Copeland. The prudent approach is for the council to have the opportunity to sit down and discuss the information. Councilmember Rossbach said he was open to hearing what the other councilmembers had to say. Councilmember Nephew agreed with this approach. He said when he campaigned for office he campaigned very explicitly for change in city hall and felt he had to live up to his first campaign promise to do something about this. Councilmember Nephew said he wanted to make sure the council does things in a careful manner, particularly with respect to the legal complications. He said he has done some checking into this process and that he isn t a lawyer but, state law clearly has particular restrictions and clauses relating to the City Manager s position. Councilmember Nephew said he understood the council doesn t have a written contract with Mr. Copeland to give guidance to the council so the council will be dealing with the interpretation of statute and public employment law. Councilmember Nephew said if the council gets someone with the expertise in that area it may be a very short conversation with them but he thinks it s a conversation the council should have to allow for the proper procedure for removal to occur. January 14, 2008 City Council Meeting 5 Councilmember Rossbach said it would be important that the council does not use the current city attorney to advise the council in this matter. There is a political climate that will take some time to settle down so even if City Attorney, Mr. Kantrud was giving the council the best advice it could be that his advice could be viewed as skewed one way or the other. In order to protect Mr. Kantrud, he believed the council would want to bring in an outside attorney for this consultation. The League of Minnesota Cities might be one option to bring an attorney in to guide the council to ensure that the council doesn t make any mistakes that could make the council look bad in the future. Councilmember Hjelle said the League of Minnesota Cities stood the city up for the Special City Council Meeting that the league themselves called for at 2:30 p.m. Friday for the 5:30 p.m. meeting this evening. Councilmember Hjelle said he wasn t sure the League of Minnesota Cities was the best solution at this point. Councilmember Rossbach said he too was disappointed that the attorneys for the League of Minnesota Cities didn t show up for the 5:30 p.m. meeting, however they are the city s source for legal advice so the fact that the league missed one meeting doesn t cancel out the league s history with the city. Councilmember Juenemann said she agrees that the council needs to take cautious action and get outside advice. She agrees with both Councilmember Rossbach and Hjelle s comments. She too doesn t appreciate being stood up by people who called the meeting. However, that meeting was over current litigation. One primary role of the league is to consult and advise. The league might be a place for the council to start; it might not be the only place the council could seek such advice but the council needs advice how to precede appropriately. She said from her standpoint the city needs a redirection in management. Councilmember Nephew said he would like to see this process proceed as a series of motions. When you look at the past couple of years he thinks the council needs to look for opportunities to build larger majorities on decisions. If the council can parse it out and allow people to disagree on specific disagreements then the council can come together on agreement on the other parts of it. Such as a motion to put someone on administrative leave. That may not have as broad as support as specific decisions that follow that up such as, how to direct the city attorney or staff to proceed. He thinks this discussion should be broken into a series of motions. Mayor Longrie said typically when there is an item on the agenda the person whose agenda item it is prepares a report so the majority of the councilmembers can be part of that discussion. There are two councilmembers that she knows do not have any materials that have been discussed with regard to what these motions and decisions might be and what might be formulated. Mayor Longrie said she is not suggesting there has been a violation of the open meeting law because the council knows that if you have two councilmember s speaking to each other it is not a violation of the open meeting law. Mayor Longrie said if you have two councilmember s who are speaking together with the person who has not yet taken office in the city and they have decided how they want to do things, it is not a violation. But on the other hand, two of the councilmembers do not have the benefit of having any written materials in front of them with regard to what is being proposed here. January 14, 2008 City Council Meeting 6 Mayor Longrie said if the council wants to hark back to April of 2006 and talk about that day, that council all had a packet of information, a copy of the statute, a copy of the resolution, and a copy of the legal basis. The council doesn t have that here tonight so the council can have this discussion but it s hardly completely informed without having had any written information whatsoever in the packet. Perhaps if Councilmember Rossbach has a handout for the council at this time she would like to read it. Councilmember Rossbach said there is intentionally no report because if there was a report that would indicate that there had been a lot of pre-thought given to this whole subject. There is no report, no councilmember has a report. The council is discussing it and hearing it at the same time. He said he had been chastised for preparing a report and in some cases you just can t win. It is what it is and he suggested moving forward because there is no sense in lingering. Councilmember Nephew said he was going to say much the same that was said by Councilmember Rossbach. The argument supports this approach. After winning the election he thought about how he tries to implement the change that he campaigned for and not run afoul of the open meeting law; wanting to get good advice; not being sure as just a council member elect for instance, what he was entitled to have access to as far as discussions and so forth. Councilmember Nephew said that was precisely why rather than taking action as Mayor Longrie did after the special election the Mayor made a motion and issues came up at that meeting regarding conflict of interest topics and the city attorney brought forward; which whether or not they were justified, they resulted in a mess in public and a second meeting. At which time the Mayor did prepare that report with sections of statute. He said he went back and reviewed the council meeting and minutes and read the state statute and now the Mayor comes to the conclusion that rather than him coming to discuss this as the council is and taking a path forward to find someone in the area of expertise to make sure the council does it right there should have been a written report. Mayor Longrie said she would propose the council put together a Citizen s Committee of 7 citizens to assist the council in what they would like to see with regard to a CEO of the city. Councilmember Rossbach said he would agree but he would say it should be more than 7 citizens. That could take place when we determine who it is and what it is as far as qualifications for a person to lead the council forward. Councilmember Juenemann said the council is putting the cart before the horse. The council isn t having a discussion about the process right now. We need to have one. The discussion should be fairly extensive as will the process be. Yes we need to be inclusive and we need to have attention to detail but she thinks that is what the council is trying to get to at this point. Councilmember Juenemann felt like the council was talking about the person that s in the room as a third party. She said or cease and assist all the great ideas the council has about how the council is going to do it. Councilmember Juenemann moved that the council place Mr. Copeland on immediate administrative leave, suspending access in his current duties while the council seeks counsel for details appropriate to transitioning the city manager position. Seconded by Councilmember Rossbach. Ayes Councilmembers Juenemann January 14, 2008 City Council Meeting 7 Nephew and Rossbach Nays Mayor Longrie & Councilmember Hjelle The motion passed. Councilmember Nephew said the League of Minnesota Cities gave him two legal counsel names that he wanted to share with the council so everyone on the council has the same information. Councilmember Rossbach asked if the idea was to pass this information onto Mr. Kantrud and add other names for Mr. Kantrud to check to see if any of these individuals are available to assist the council with advice? Councilmember Nephew said the council could expand the list by adding names. He liked the fact that these two names were suggested by the League of Minnesota Cities but he wasn t sure of their availability to assist the council with advice. Perhaps Mr. Kantrud could speak to that if the chair so directed. Councilmember Rossbach commented that Councilmember Nephew mentioned that he had never met these people that were mentioned to him by the league. In looking at these names he said he had never met them which are somewhat relevant because the council would be better off in some of the upcoming proceedings to deal with people that have no particular connection to the city. As the council makes other decisions, the council will need to make sure the council can forego the part about a councilmember shouldn t know a lawyer because of a conflict of interest. Councilmember Rossbach proposed to turn over the two names to Mr. Kantrud and if there are other resources that Mr. Kantrud has a way to check on or has some idea of names of law firms that specialize in this area of law, Mr. Kantrud could bring those names and information forward to the council. The council would also need to know monetary information for the use of their services. All of this information should be done in four to five weeks. Councilmember Nephew said the timeframe should be shorter and it should be possible to find out if legal counsel is available and get some consultation prior to the next council meeting. Mr. Kantrud being the city s legal counsel has something to say and he was interested in hearing what he has to say under the rules. Mr. Kantrud said if he is going to approach individual lawyers he would like to know specifically what the council is going to need the lawyers to do. Mr. Kantrud said that information would be helpful in narrowing down who to ask and for how long the engagement would be for and if the council is talking about a process that would take a long period of time the council could run into a potential conflict if the city is going to spend over a certain amount of money. Mr. Kantrud said if this is a quick contract interpretation in terms of what the city can do with the current city manager going forward, that s one thing. If the council is talking about engaging someone throughout the process, that s another. He asked that the terms be spelled out specifically for him. January 14, 2008 City Council Meeting 8 Councilmember Rossbach said the two major questions would be to ask for advice regarding what to do if there is a termination for cause verses just the at will employee with no cause involved . He said there is no way that he wants the city in another court case so he wants the city to be advised by a lawyer how to make sure that doesn t happen. Councilmember Nephew said timeliness is of the essence from reading the state statute regarding a city manager position. The council could find them in a situation. From the election campaign, the attention was pretty clear to the public and state statute which allows for a hearing process with a specific time table. If the council finds themselves where they have constructively taken an action that starts the clock ticking then the council can t be waiting a month because that could create the kind of legal jeopardy the council is trying to avoid. Councilmember Rossbach made a motion to direct Mr. Kantrud to investigate possible outside counsel that could advise the city council on the process for terminating the city manager. Mr. Kantrud said he would try to bring two to five names of legal counsel, their availability and their rates back to the council and this could take 1 to 1‰ weeks depending on how quickly individuals communicate with him. Seconded by Councilmember Nephew. Councilmember Nephew offered a Friendly amendment that specifically addresses the question of whether there is an employment contract or not and what are the legal requirements under the law regarding this position of public employment so that the city take action in an appropriate manner. Councilmember Rossbach agreed to the Friendly amendment. Ayes Councilmembers Juenemann Nephew and Rossbach Nays Mayor Longrie & Councilmember Hjelle The motion passed. Councilmember Rossbach said the city needs to have an Acting City Manager put in place and not an Interim City Manager since Mr. Copeland hasn t been terminated. Councilmember Rossbach said he previously spoke to the Public Works Director, Chuck Ahl regarding if the council meeting came to this and if he or the council were to ask Mr. Ahl if he would be interested in filling the role as Acting City Manager so he wouldn t waste time if Mr. Ahl wasn t interested. Mr. Ahl said he would be interested in serving as Acting City Manager. Councilmember Rossbach asked Mr. Ahl if he would fill the role as Acting City Manager? Mr. Ahl replied, yes he would. January 14, 2008 City Council Meeting 9 Councilmember Nephew moved to appoint Chuck Ahl as Acting City Manager effective immediately. Seconded by Councilmember Rossbach. Mayor Longrie said she personally has reservations about Mr. Ahl being the Acting City Manager because she had expressed during many council meetings various issues that have occurred that concern her. Such as escrow accounts being insufficient and not covering issues that remain on various properties in the city. Not knowing what the fund balances was in the Environmental Utility Tax and using those funds and borrowing from other accounts until the money came in, which of course costs the city additional money. These are things that she still shares concerns about. She knows the majority of the council doesn t share those same concerns but she is putting those concerns on the record. There are several other instances that she could list, but won t. Councilmember Hjelle asked if Chuck Ahl was still in the management union? Mr. Ahl said yes. Councilmember Hjelle asked how the city can appoint someone that is in the union without having the union s approval because the city got in trouble for doing that once before. Councilmember Rossbach said Mr. Ahl would serve as Public Works Director and serve as the Acting City Manager. Councilmember Nephew said the MCSA is engaged in litigation and contract negotiations with the city right now so he would suggest amending the motion to build a wall that keeps Mr. Ahl from any potential conflict of interest issues that may arise during the Acting City Manager period for a union that employee would be going back into. Mr. Kantrud said he is not the Human Resources Attorney and therefore is not comfortable answering that question. He said he could get an answer to that question very quickly. However, just for the council s information the city is still in negotiations with a few unions. Councilmember Nephew asked who the council would consult with the union to get an answer to that question? Mr. Kantrud said a union representative. Councilmember Nephew asked if the council could take a break and make a phone call since time is of the essence? Mr. Kantrud said its now 8:15 p.m. but he could get back to the council with an answer on Tuesday. Councilmember Nephew said when this situation was being discussed almost two years ago, it is important to have a union representative here. Since a representative for the union is present at this meeting perhaps the council should call a short break. January 14, 2008 City Council Meeting 10 Mayor Longrie asked Mr. Kantrud if the city has the authority to engage in conversation as a council with the union in a Plan B city? Mr. Kantrud said he would not recommend they do that here as an open discussion. Councilmember Juenemann asked if the council did take a break is the union representative allowed to have a conversation with the council in private? Mr. Kantrud said he could have that conversation but he would be reliant on the union representative than with his own knowledge of Labor Relations Law so he wouldn t feel comfortable giving that advice tonight. He said he could consult with others and get back to the council. He said the city has an attorney for that situation. (who was not present) Councilmember Rossbach said the city needs an Acting City Manager for two to three weeks. He said he can only think of three people that don t fall into the problem of being in a union. Karen Guilfoile, Bob Mittet and Bob Dollerschell. He asked if Ms. Guilfoile would be willing to fill the position to serve as Acting City Manager? Ms. Guilfoile said she doesn t have a contract with the city and she has been paying union dues for 1 year although she is supposed to be one of the managers and has been fulfilling the role as a manager, the union considers her a member. Councilmember Rossbach asked Bob Mittet if he would accept the role as Acting City Manager? Mr. Mittet said he would briefly accept the role. Councilmember Nephew withdrew his original motion for Chuck Ahl as the Acting City Manager. Councilmember Rossbach moved to appoint Bob Mittet as the Acting City Manager. Seconded by Councilmember Nephew. Ayes Councilmembers Juenemann Nephew and Rossbach Nays Mayor Longrie & Councilmember Hjelle The motion passed. Mayor Longrie said she voted no - not because she doesn t believe Mr. Mittet can do the job, she objected to the transaction being done. Councilmember Juenemann said her motion was to place Mr. Copeland on immediate administrative leave to take place immediately. Mr. Copeland must turn his keys in and pack his belongings. Mr. Copeland then left the building. *The council took a break at 8:30 p.m. January 14, 2008 City Council Meeting 11 *The council reconvened at 8:40 p.m. G. VISITOR PRESENTATIONS 1. Bob Zick, 2515 White Bear Avenue, Maplewood. 2. Christine Stone, 2727 Hazelwood Street, Maplewood. 3. Peter Rekstad, 2380 Legion Lane, Lake Elmo. He presented the council with a written statement for the permanent record regarding the Cottages of Maplewood. 4. Nancy Lazaryan, residing in various areas of Minnesota. 5. Richard Currie, 1937 Kenwood Avenue East, Maplewood. 6. Patty Gearin, 2575 Carver Avenue, Maplewood. 7. Bill Schriener, 1098 Beaver Creek Parkway, Maplewood. 8. Ron Cockriel, 943 Century Avenue, Maplewood. Mayor Longrie closed Visitor Presentations. Mayor Longrie made a motion to direct staff to put together a report regarding the Village on Woodlyn also known as the Cottages of Maplewood to bring back to the council in a month with the outcome. In the meantime the money owed to the city from the sale should go into an escrow to be held until which time the council will revisit this issue in a month. Seconded by Councilmember Rossbach. Ayes All The motion passed. H. APPOINTMENTS/PRESENTATIONS (This item was moved before Public Hearings because there was time to wait for the public hearing to begin after 7:15 p.m.) I. CONSENT AGENDA 1. Councilmember Juenemann moved to approve items 1, 2, 3, 5, 8, 9, 11, 15, 16, & 17. Seconded by Councilmember Hjelle. Ayes Mayor Longrie, Councilmembers Juenemann Nephew & Rossbach Abstain (Councilmember Hjelle abstained only for item 17) 2. Councilmember Juenemann moved to approve item 4. Seconded by Mayor Longrie. Ayes All 3. Mayor Longrie moved to approve item 6. January 14, 2008 City Council Meeting 12 Seconded by Councilmember Nephew. Ayes - All 4. Councilmember Juenemann moved to approve item 7. Seconded by Mayor Longrie. Ayes All 5. Mayor Longrie moved to approve item 10. Seconded by Councilmember Nephew. Ayes All 6. Mayor Longrie moved to approve item 12. Seconded by Councilmember Rossbach. Ayes All 7. Mayor Longrie moved to approve item 13. Seconded by Councilmember Rossbach. Ayes - All 8. Councilmember Juenemann moved to approve item 14. Seconded by Councilmember Hjelle. Ayes - All 1. Approval of Claims Councilmember Juenemann moved Approval of Claims. Seconded by Councilmember Hjelle. Ayes All The motion passed. 2. Authorization to make payment for Eden Systems yearly support contract. Councilmember Juenemann moved to approve Authorization to make payment for Eden Systems yearly support contract. Seconded by Councilmember Hjelle. Ayes All The motion passed. 3. Authorization to make payment for ESRI for Arc GIS Server and ArcView yearly support. Councilmember Juenemann moved to approve the Authorization to make payment for ESRI for Arc GIS Server and ArcView yearly support. Seconded by Councilmember Hjelle. Ayes All The motion passed. January 14, 2008 City Council Meeting 13 4. Conditional Use Permit Review St. Paul Regional Water Services Materials Recycling (Sandy Lake County Road B). a. Senior Planner, Tom Ekstrand addressed the council and referred further questions to Mr. Blackstone with the SPRWS. b. John Blackstone, Project Engineer for St. Paul Regional Water Services Materials Recycling. He said they ran out of funding and had to discontinue the capping project. They worked an arrangement out for Frattalone & Sons to complete the project. He met with Todd Olin the construction supervisor for Frattalone last week. He informed him that they had two projects that they would have had more than enough material to finish the project but the funding fell through. 80% of the project is completed. They seeded about 13 acres of the project so dust shouldn t be a problem this spring. Councilmember Juenemann moved to approve the Conditional Use Permit Review St. Paul Regional Water Services Materials Recycling (Sandy Lake County Road B). Seconded by Mayor Longrie. Ayes All The motion passed. 5. Conditional Use Permit Review CarMax/Mogren Addition (Beam Avenue and Country View Drive). Councilmember Juenemann moved to approve the Conditional Use Permit Review CarMax/Mogren Addition (Beam Avenue and Country View Drive). Seconded by Councilmember Hjelle. Ayes All The motion passed. 6. Regent at Legacy Village Release of Obligation (Kennard Street and Legacy Parkway). a. Senior Planner, Tom Ekstrand answered questions of the council. b. Administration and Finance Manager, Bob Mittet answered questions of the council. Mayor Longrie moved to approve the Regent at Legacy Village Release of Obligation (Kennard Street and Legacy Parkway). CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RELEASE OF OBLIGATIONS UNDER MASTER DEVELOPMENT AGREEMENT (Regent Senior Housing) January 14, 2008 City Council Meeting 14 I.Recital. 1.1 The Effective Date of this Agreement is January 14,, 2008. 1.2 The Parties to this Agreement are City of Maplewood, Minnesota, a Minnesota statutory city ("City"), Legacy Holdings-MW LLC, a Minnesota limited liability company ("Master Developer") and Regent at Maplewood, LLC, a Minnesota limited liability company ("Successor Developer"). 1.3 City and Master Developer are parties to a Master Development Agreement with an effective date of September 8, 2003, recorded November 21, 2003 as Document No. 3704070 in the Office of the Ramsey County Recorder and recorded November 21, 2003 as Document No. 1791278 in the Office of the Ramsey County Registrar of Titles, as amended by First Amendment to Development Agreement with an effective date of February 9, 2004 and as amended by a Second Amendment to Development Agreement with an effective date of April 26, 2005 ("Master Development Agreement"). 1.4 Various real estate parcels are subject to the Master Development Agreement and Successor Developer has entered into an Agreement with Master Developer to purchase one of the parcels subject to the Master Development Agreement for the purpose of developing residential senior/assisted living housing (the "Regent Senior Development"). Such parcel is legally described as: Lots 1, Block 3, LEGACY VILLAGE AT MAPLEWOOD, Ramsey County, Minnesota, according to the recorded plat (the Subject Parcel ). 1.5 In connection with the acquisition of the Subject Parcel, Successor Developer has requested that the Subject Parcel and the Successor Developer be released from the terms and conditions of the Master Developer Agreement pursuant to Section 9.2(c) of the Master Development Agreement and Master Developer has requested to be released from the terms and conditions of the Master Development Agreement as to the Subject Parcel pursuant to Section 9.3 of the Master Development Agreement. 1.6 City has approved the Subject Parcel for use consistent with the Regent Senior Development, on that basis, City is willing to release both the Successor Developer and Master Developer from the terms and conditions of the Master Development Agreement subject to Master Developer's acknowledgement of its obligations under Section 6.2 of the Master Development Agreement to pay a part of the special assessments attributable to the Subject Parcel as set forth on Exhibit F to the Master Development Agreement and its continuing obligations as to other parcels that remain subject to the Master Development Agreement. THEREFORE, IT IS AGREED AS FOLLOWS: II.Agreement. 2.1 Given Successor Developer s proposed Regent Senior Development as set forth above, City agrees that: January 14, 2008 City Council Meeting 15 (a)The Subject Parcel is released from the Master Development Agreement and therefore the Master Development Agreement no longer encumbers the Subject Parcel. (b)Successor Developer has no liability or obligations under the Master Development Agreement; provided however, this Agreement does not release the Successor Developer from its obligations to timely pay City fees and charges due in the ordinary course of development and building construction. 2.2 Successor Developer will commence and complete the Regent Senior Development as approved by the City. 2.3 From and after the effective date set forth above, Master Developer is released from its obligations under the Master Development Agreement as to the Subject Parcel subject to the following: (a)Master Developer will comply with the terms of Section 6.2 of the Master Development Agreement in connection with the payment of special assessments attributable to the Subject Parcel; and (b)Master Developer remains liable under the Master Development Agreement as to all other parcels subject to the Master Development Agreement that are not released hereby or previously released. 2.4 All notices require or permitted under this Agreement shall be in writing and shall be deemed to have been duly given or served if delivered, in person or deposited in the United States mail, postage prepaid, for mailing by certified or registered mail, return receipt requested or of telegram, by prepaid telegram, telex, FAX or telecopier, and addressed, to a party to this Agreement, to the address set forth herein: If to Master Developer: Legacy Holdings MW, LLC Attn: John C. Brandt 1300 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington, MN 55431 Tel. No.: (952) 838-2415 Fax No.: (952) 838-2401 If to Successor Developer: Regent at Maplewood, LLC. Attn: Frank A. Janes 1300 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington, MN 55431 January 14, 2008 City Council Meeting 16 Tel. No.: (952) 838-2420 Fax No.: (952) 838-2401 If to City: City of Maplewood Attn: ______________________ 1830 East County Road B Maplewood, MN 55109 Tel. No.: (651) 249-2000 Fax. No.: (651) 748-3096 This document drafted by: Briggs and Morgan, P.A. (DJC) W2200 First National Bank Bldg. 332 Minnesota Street St. Paul, MN 55101 (Remainder of Page Intentionally Left Blank) January 14, 2008 City Council Meeting 17 Dated: , 2008 CITY OF MAPLEWOOD, MINNESOTA, a Minnesota statutory city. By: Its: By: Its: STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of ________, 2008, by ________________, the _____________________ and ______________________, the _________________________ of the City of Maplewood, Minnesota on behalf of said City. _____________________________________ Notary Public [Separate Signature Page to Release of Obligations Under Master Development Agreement] January 14, 2008 City Council Meeting 18 Dated: , 2008 MASTER DEVELOPER: LEGACY HOLDINGS-MW LLC, a Minnesota limited liability company By: Keith Gruebele Its: Chief Financial Manager STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ___________, 2008, by Keith Gruebele, the Chief Financial Manager of Legacy Holdings-MW LLC, a Minnesota limited liability company on behalf of said limited liability company. _____________________________________ Notary Public [Separate Signature Page to Release of Obligations Under Master Development Agreement] January 14, 2008 City Council Meeting 19 Dated: , 2008 SUCCESSOR DEVELOPER: REGENT AT MAPLEWOOD, LLC, a Minnesota limited liability company By: ______________________ Its: ______________________ STATE OF MINNESOTA) ) ss COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this ____ day of , 2008, by _____________________, the __________________ of Regent at Maplewood, LLC, a Minnesota limited liability company, on behalf of said company. _____________________________________ Notary Public [Separate Signature Page to Release of Obligations Under Master Development Agreement] Seconded by Councilmember Nephew. Ayes All The motion passed. January 14, 2008 City Council Meeting 20 7. Annual Renewal of 2008 Liquor Licenses. Councilmember Juenemann moved to approve the Annual Renewal of 2008 Liquor Licenses. RESOLUTION 08-01-002 RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following On-Sale, Off-Sale, Club and Wine Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 2008, with approvals granted herein subject to satisfactory results of required Police, Fire and health inspections: On-Sale Liquor Licenses 5-8 Tavern & Grill 2289 Minnehaha Avenue Acapulco Restaurant 3069 White Bear Avenue AMF Maplewood Lanes 1955 English Street Applebee s Neighborhood Grill & Bar 3001 White Bear Avenue Bleechers Bar & Grill 2220 White Bear Avenue Broadway Bar & Pizza Maplewood 1900 County Road D East Buffalo Wild Wings 3085 White Bear Avenue Champps Maplewood 1734 Adolphus Street Chili s Grill & Bar #224 1800 Beam Avenue Chipotle Mexican Grill 2303 White Bear Avenue Dean s Tavern 1986 Rice Street Dive Bar 3035 White Bear Avenue Guldens Roadhouse 2999 North Highway 61 Huey s Saloon 2425Highway 61 N. Jake s City Grille 1745 Beam Avenue East Keller Golf Clubhouse 2166 Maplewood Drive Myth Nightclub 3090 Southlawn Drive Nickelby s 1780 Southlawn Drive Olive Garden #1200 1749 Beam Avenue Outback Steakhouse 1770 Beam Avenue Red Lobster #0283 2925 White Bear Avenue Stargate Bar & Dance Club 1700 Rice Street, Suite J T.G.I. Friday s #0472 3087 White Bear Avenue The Chalet 1820 Rice Street N. The Rock 2029 Woodlynn Avenue January 14, 2008, City Council Meeting 21 On-Sale 3.2 Beer Licenses Duc s Restaurant 705 Century Avenue North Party Service 1850 White Bear Avenue Off-Sale 3.2 Beer Licenses Cub Foods #30244 100 County Road B West Cub Foods #31264 2390 White Bear Avenue Maplewood Kwik Mart 2150 McMenemy Street McKnight Market & Gas 1690 McKnight Road North Rainbow Foods #8861 2501 White Bear Avenue Richard s Market 1344 Frost Avenue SuperAmerica #4022 1750 White Bear Avenue SuperAmerica #4089 11 Century Avenue South SuperAmerica #4371 2529 White Bear Avenue Off-Sale Liquor Licenses A-1 Liquor 19 Century Avenue North Big Discount Liquor 2515 White Bear Avenue Cub Discount Liquor 100 County Road B West Heritage Liquor LLC 1347 Frost Avenue Hillside Liquors 1690 McKnight Road North Maplewood Wine Cellar 1281 Frost Avenue January 14, 2008, City Council Meeting 22 (off sale liquor licenses continued) Merwin Liquors 1700-D Rice Street MGM Liquor Warehouse 2950 White Bear Avenue Party Time Liquor 1835 Larpenteur Avenue East Princess Liquor n Tobacco 2728 Stillwater Road Sarrack s Int l. Wine & Spirits 2305 Stillwater Road White Bear Liquor & Wine 2223 White Bear Avenue Club License Maplewood Moose Lodge #963 1946 English Street Wine/Strong Beer Licenses Bambu Asian Cuisine 1715-A Beam Avenue Goodrich Golf Course 1820 Van Dyke St N. Noodles & Company 2865 White Bear Avenue Pei Wei Asian Diner 3095 White Bear Avenue, #101 Taste of India 1745 Cope Avenue East The Ponds at Battle Creek 601 Century Avenue S. Seconded by Mayor Longrie. Ayes All The motion passed. January 14, 2008, City Council Meeting 23 8. Temporary Gambling Carver Elementary Parent Teacher Organization. Councilmember Juenemann moved to approve the Temporary Gambling for Carver Elementary Parent Teacher Organization. RESOLUTION 08-01-003 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Carver Elementary PTO, 2680 Upper Afton Road, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Hjelle. Ayes All The motion passed. 9. Donation from Schmelz Countryside Volkswagen & Saab. Councilmember Juenemann moved to approve the Donation from Schmelz Countryside Volkswagen & Saab. Seconded by Councilmember Hjelle. Ayes All The motion passed. 10. Approve Cleanup of Sewage Backup. Mayor Longrie moved to Approve Cleanup of Sewage Backup at 1842 and 1846 Furness Street. Seconded by Councilmember Nephew. Ayes All The motion passed. 11. Approve Emergency Repair of Sewage Pump at Lift Station 6. Councilmember Juenemann moved to Approve Emergency Repair of Sewage Pump at Lift Station 6. Seconded by Councilmember Hjelle. Ayes All The motion passed. January 14, 2008, City Council Meeting 24 12. Gladstone Area Redevelopment, City Project 04-21, Approve Resolution Designating Parkway Drive, Frost Avenue and East Shore Drive as Municipal State Aid Streets. Mayor Longrie moved to approve the Gladstone Area Redevelopment, City Project 04-21, Approving the Resolution Designating Parkway Drive, Frost Avenue and East Shore Drive as Municipal State Aid Streets. RESOLUTION 08-01-004 ESTABLISHING MUNICIPAL STATE AID HIGHWAY WHEREAS, the City Council of the City of Maplewood desires that the streets hereinafter described meet all necessary criteria and thus should be designated as a Municipal State Aid street under the provision of Minnesota law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the roadways described as follows, to-wit: Parkway Drive, TH 61 to Frost Avenue (.060 mile) Frost Avenue, Parkway Drive to White Bear Avenue (1.60 mile) East Shore Drive, Larpenteur Avenue to Frost Avenue (0.68 mile) be, and hereby is established, located, and designated a Municipal State Aid street of said city, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the city clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for her consideration, and that upon her approval of the designation of said road or portion thereof, the same be constructed, improved, and maintained as a Municipal State Aid street of the City of Maplewood to be numbered and known as Municipal State Aid Street 151 for Parkway Drive and Frost Avenue and Municipal State Aid Street 152 for East Shore Drive. Seconded by Councilmember Rossbach. Ayes All The motion passed. 13. Master Partnership Agreement and Local Government Work Order Agreement between the Minnesota Department of Transportation and the City of Maplewood. Mayor Longrie moved to approve the Master Partnership Agreement and Local Government Work Order Agreement between the Minnesota Department of Transportation and the City of Maplewood. STATE OF MINNESOTA AND CITY OF MAPLEWOOD MASTER PARTNERSHIP CONTRACT This master contract is between the State of Minnesota, acting through its Commissioner of Transportation hereinafter referred to as the State and the City of Maplewood acting through its City Council,hereinafter referred to as the Local Government". January 14, 2008, City Council Meeting 25 Recitals 1. The parties are authorized to enter into this agreement pursuant to Minnesota Statutes §§15.061, 471.59 and 174.02. 2. Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 3. Each party to this Contract is a road authority as defined by Minnesota Statutes §160.02 (subd. 25). 4. Minnesota Statutes Section 161.39, subdivision 1, authorizes a road authority to perform work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance. 5. Minnesota Statues §174.02 (subd. 6) authorizes the Commissioner of Transportation to enter into agreements with other governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other means of providing transportation- related services; or for other cooperative programs that promote efficiencies in providing governmental services, or that further development of innovation in transportation for the benefit of the citizens of Minnesota. 6. Each party wishes to occasionally procure services from the other party, which the parties agree will enhance the efficiency of delivering governmental services at all levels. This Master Partnership Contract provides a framework for the efficient handling of such requests. This Master Partnership Contract contains terms generally governing the relationship between the parties hereto. When specific services are requested, the parties will (unless otherwise specified herein) enter into a Work Order contracts. 7.Subsequent to the execution of this Master Partnership Contract, the parties may (but are not required to) enter into Work Order contracts. These will Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific work. 8. The parties are entering into this Master Partnership Contract to establish terms that will govern all of the Work Orders subsequently issued under the authority of this Contract. Master Contract 1 Term of Master Contract 1.1 Effective Date:This contract will be effective on the date last signed by the Local Government, and all State officials as required under Minn. Stat. § 16C.05, subd. 2. A party must not accept work under this Contract until it is fully executed. 1.2 Expiration Date.This Contract will expire five years after its effective date. 1.3 Work Order Contracts.A work order contract must be negotiated and executed (by both the State and the Local Government) for each particular engagement. The work order contract will specify the detailed scope of work and deliverables for that engagement. A party must not begin work under a work order until such work order is fully executed. The terms of this Master Partnership Contract will apply to all work orders issued hereunder, unless specifically varied in the work order. January 14, 2008, City Council Meeting 26 The Local Government understand that this Master Contract is not a guarantee of any payments or work order assignments, and that payments will only be issued for work actually performed under fully-executed work orders. 1.4 Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all work order contracts: 11. Liability; 12. State Audits; 13. Government Data Practices and Intellectual Property; 16. Publicity and Endorsement; 17. Governing Law, Jurisdiction, and Venue; and 21. Data Disclosure. 1.5.1 Exhibits. A sample work order contracts is attached and incorporated into this contract as Exhibit A. 2 Scope of Work/Deliverables 2.1 A party may request the other party to perform any of the following services under individual work order contracts. 2.1.1 Professional and Technical Services. A party may provide professional and technical services upon the request of the other party. As defined by Minnesota Statutes §16C.08 (subd. 1) professional/technical services means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendation; and result in the production of a report or completion of a task . Professional and technical services do not include providing supplies or materials except as incidental to performing such services. Professional and technical services include (by way of example and without limitation) engineering services, surveying, foundation recommendations and reports, environmental documentation, right-of-way assistance (such as performing appraisals or providing relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final construction plans, graphic presentations, public relations, and facilitating open houses. A party will normally provide such services with its own personnel, however, a party s professional/technical services may also include hiring and managing outside consultants to perform work. 2.1.2 Routine Roadway Maintenance. A party may provide routine roadway maintenance upon the request of the other party. Routine roadway maintenance services may include, but are not limited to; lane or edge striping, pavement message painting, sign repair, guardrail repair, carcass removal, or equipment repair. Routine maintenance does not include roadway reconstruction. All services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. 2.1.3 Construction Administration. A party may administer roadway construction projects upon the request of the other party. Roadway construction includes (by way of example and without limitation) the construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and channelization. These services may be performed by the providing party s own forces, or the providing party may administer outside contracts for such work. Construction administration may include letting and awarding construction contracts for such work (including state projects to be completed in conjunction with local projects). All contract administration services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work. January 14, 2008, City Council Meeting 27 2.2 When a need is identified, the State and the Local Government will discuss the proposed work and the resources needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific project/engagement, although on call work orders may be prepared for certain types of services, especially for routine roadway maintenance items as identified section 2.1.2. The work order will also identify specific deliverables required, and timeframes for completing work. A work order must be fully executed by the parties prior to work being commenced. The Local Government will not be paid for work performed prior to authorization by the State. 3 Responsibilities of the Providing Party The party requesting the work will be referred to as the Requesting Party and the party performing the work will be referred to as the Providing Party . Each work order will set forth particular requirements for that project/engagement. 3.1.1.1 Terms Applicable to ALL Work Orders. The terms in this section 3.1 will apply to ALL work orders. 3.1.1.2 Each work order will identify an Authorized Representative for each party. Each party s authorized representative is responsible for administering the work order, and has the authority to make any decisions regarding the work, and to give and receive any notices required or permitted under this Master Contract or the work order. 3.1.1.3 The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be performed under each work order. For services not requiring an engineer, the Providing Party will furnish and assign another responsible employee to be in charge of the project. The services of the Providing Party under a work order may not be otherwise assigned, sublet, or transferred unless approved in writing by the Requesting Party s authorized representative. This written consent will in no way relieve the Providing Party from its primary responsibility for the work. 3.1.4 If the Local Government is the Providing Party, the Project Engineer may request in writing specific engineering and/or technical services from the State, pursuant to Minnesota Statutes Section 161.39. Such services may be covered by other technical service agreements. If the State furnishes the services requested, the Local Government will promptly pay the State to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current State labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 3.1.5 Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work order contract is fully executed is considered unauthorized and undertaken at the risk of non-payment. 3.1.6 In connection with the performance of this contract and any work orders issued hereunder, the Providing Agency will comply with all applicable Federal and State laws and regulations. When the Providing Party is authorized or permitted to award contracts in connection with any work order, the Providing Party will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. January 14, 2008, City Council Meeting 28 3.2 Additional Terms for Routine Roadway Maintenance. The terms of section 3.1 and this section 3.2 will apply to all work orders for routine roadway maintenance. 3.2.1 Unless otherwise provided for by agreement or work order, the Providing Party must obtain all permits and sanctions that may be required for the proper and lawful performance of the work. 3.2.2 The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals, policies and operations. 3.2.3 The Providing Party must use State-approved materials, including (by way of example and without limitation), sign posts, sign sheeting, and de-icing and anti-icing chemicals. 3.3 Additional Terms for Construction Administration. The terms of section 3.1 and this section 3.3 will apply to all work orders for construction administration. 3.3.1 Contract(s) must be awarded to the lowest responsible bidder in accordance with state law. 3.3.2 Contractor(s) must be required to post payment and performance bonds in an amount equal to the contract amount. The Providing Party will take all necessary action to make claims against such bonds in the event of any default by the contractor. 3.3.3 Contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction. 3.3.4 For work performed on State right-of-way, contractor(s) must be required to indemnify and hold the State harmless against any loss incurred with respect to the performance of the contracted work, and must be required to provide evidence of insurance coverage commensurate with project risk. 3.3.5 Contractor(s) must pay prevailing wages pursuant to state law. 3.3.6 Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations, including but not limited to applicable human rights/anti-discrimination laws and laws concerning the participation of Disadvantaged Business Enterprises in federally- assisted contracts. 3.3.7 The Providing Party may approve minor changes to the Requesting Party s portion of the project work if such changes do not increase the Requesting Party s cost obligation under the applicable work order. 3.3.8 The Providing Party will not approve any contractor claims for additional compensation without the Requesting Party s written approval, and the execution of a proper amendment to the applicable work order when necessary. The Local Government will tender the processing and defense of any such claims to the State upon the State s request. 3.3.9 The Local Government must coordinate all trunk highway work affecting any utilities with the State s Utilities Office. 3.3.10 The Providing Party must coordinate all necessary detours with the Requesting Party. January 14, 2008, City Council Meeting 29 4. Responsibilities of the Requesting Party 4.1 After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in its possession relating to the project that may be of use to the Providing Party in performing the work. 4.2 All such data furnished to the Providing Party will remain the property of the Requesting Party and will be promptly returned upon the Requesting Party s request or upon the expiration or termination of this contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other applicable law). 4.3 The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the Requesting Party before proceeding with the part of the project affected. The Providing Party will investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an adjustment in compensation. 4.4 The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway Construction, that are different from those required for State Aid construction. 4.5 The Requesting Party will perform final reviews and/or inspections of its portion of the project work. If the work is found to have been completed in accordance with the work order contract, the Requesting Party will promptly release any remaining funds due the Providing Party for the Project(s). 4.6 The work order contracts may include additional responsibilities to be completed by the Requesting Party. 5 Time In the performance of project work under a work order contract, time is of the essence. 6 Consideration and Payment 6.1 Consideration. The Requesting Party will pay the Providing Party as specified in the work order. 6.2 State s Maximum Obligation. The total compensation to be paid by the State to the Local Government under all work order contracts issued pursuant to this Master Contract will not exceed $1 million. 6.3 Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing Party s services, and unless otherwise specifically set forth in an applicable work order, the Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the Providing Party in performing any work order contract. In those cases where the State agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than provided in the current "Mn/DOT Travel Regulations a copy of which is on file with and available from the Mn/DOT District Office. The Local Government will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it has received the State s prior written approval for such travel. January 14, 2008, City Council Meeting 30 6.4 Payment. 6.4.1 Generally.The Requesting Party will pay the Providing Party as specified in the applicable work order, and will make prompt payment in accordance with Minnesota law. 6.4.2 Payment by the Local Government. The Local Government will make payment to the order of the Commissioner of Transportation. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE MN/DOT CONTRACT NUMBER SHOWN ON THE FACE PAGE OF THIS CONTRACT. Remit payment to the address below: Mn/DOT Attn: Cash Accounting RE: Mn/DOT Contract Number (see note above) Mail Stop 215 395 John Ireland Blvd St. Paul, MN 55155 6.4.3Payment by the State. 6.4.3.1 Generally. The State will promptly pay the Local Government after the Local Government presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted as specified in the applicable work order, but no more frequently than monthly. 6.4.3.2 Retainage for Professional and Technical Services. For work orders for professional and technical services, as required by Minn. Stat. § 16C.08, subd. 5(b), no more than 90 percent of the amount due under any work order contract may be paid until the final product of the work order contract has been reviewed by the State s authorized representative. The balance due will be paid when the State s authorized representative determines that the Local Government has satisfactorily fulfilled all the terms of the work order contract. 7 Conditions of Payment All work performed by the Providing Party under a work order contract must be performed to the Requesting Party s satisfaction, as determined at the sole and reasonable discretion of the Requesting Party s Authorized Representative and in accordance with all applicable federal and state laws, rules, and regulations. The Providing Party will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal or state law. 8 Local Government s Authorized Representative and Project Manager; Authority to Execute Work Order Contracts 8.1 The Local Government s Authorized Representative for administering this master contract is the Local Government s Engineer, and the Engineer has the responsibility to monitor the Local Government s performance. The Local Government s Authorized Representative is also authorized to execute work order contracts on behalf of the Local Government without approval of each proposed work order contract by its governing body. 8.2 The Local Government s Project Manager will be identified in each work order contract. 9 State s Authorized Representative and Project Manager January 14, 2008, City Council Meeting 31 9.1 The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the responsibility to monitor the State s performance. 9.2 The State s Project Manager will be identified in each work order contract. 10 Assignment, Amendments, Waiver, and Contract Complete 10.1 Assignment.Neither party may assign or transfer any rights or obligations under this Master Contract or any work order contract without the prior consent of the other and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Master Contract, or their successors in office. 10.2 Amendments.Any amendment to this master contract or any work order contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 10.3 Waiver.If a party fails to enforce any provision of this master contract or any work order contract, that failure does not waive the provision or the party s right to subsequently enforce it. 10.4 Contract Complete.This master contract and any work order contract contain all negotiations and agreements between the State and the Local Government. No other understanding regarding this master contract or any work order contract issued hereunder, whether written or oral, may be used to bind either party. 11 Liability Each party will be responsible for its own acts and omissions to the extent provided by law. The Local Government s liability is governed by Minnesota Statutes chapter 466 and other applicable law. The State s liability is governed by Minnesota Statutes section 3.736 and other applicable law. This clause will not be construed to bar any legal remedies a party may have for the other party s failure to fulfill its obligations under this master contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a Contractor to the Requesting Party, as the term Contractor is defined in Minnesota Statutes §115B.03 (subd. 10), and is entitled to the protections afforded to a Contractor by the Minnesota Environmental Response and Liability Act. 12 State Audits Under Minn. Stat. § 16C.05, subd. 5, the party s books, records, documents, and accounting procedures and practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Master Contract. 13 Government Data Practices and Intellectual Property 13.1.Government Data Practices. The Local Government and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Master Contract and any work order contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this Master Contract and any work order contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Local Government or the State. January 14, 2008, City Council Meeting 32 13.2.Intellectual Property Rights 13.2.1 Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under work order contracts. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing Party, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this master contract or any work order contract. Works includes Documents. Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or contractors, in the performance of a work order contract. The Documents will be the exclusive property of the Requesting Party and all such Documents must be immediately returned to the Requesting Party by the Providing Party upon completion or cancellation of the work order contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be works made for hire. The Providing Party Government assigns all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute all papers and perform all other acts necessary to transfer or record the Requesting Party s ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an irrevocable and royalty-free license to use such intellectual for its own non-commercial purposes, including dissemination to political subdivisions of the state of Minnesota and to transportation-related agencies such as the American Association of State Highway and Transportation Officials. 13.2.2 Obligations with Respect to Intellectual Property. 13.2.2.1 Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Providing Party, including its employees and subcontractors, in the performance of the work order contract, the Providing Party will immediately give the Requesting Party s Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 13.2.2.2 Representation.The Providing Party must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain any interest in and to the Works and Documents. 14 Affirmative Action The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to Minnesota Statutes §363A.36. Pursuant to that Statute, the Local Government is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota Department of Human Rights. January 14, 2008, City Council Meeting 33 In addition, when the Local Government lets a contract for the performance of work under a work order issued pursuant to this Master Contract, it must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof: 14.1 Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600. A Contractor covered by Minn. Stat. § 363A.36 because it employed more than 40 full-time employees in another state and does not have a certificate of compliance, must certify that it is in compliance with federal affirmative action requirements. 14.2 Minn. Stat. § 363.073. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights (Commissioner ) as indicated by a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. 14.3 Minn. R. Parts 5000.3400-5000.3600. 14.3.1 General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a contractor s compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non-compliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559. 14.3.1.2 Disabled Workers. The Contractor must comply with the following affirmative action requirements for disabled workers: (1) The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (2) The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. January 14, 2008, City Council Meeting 34 (3) In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes Section 363A.36, and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (4) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. (5) The Contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minnesota Statutes Section 363A.36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. 14.3.2 Consequences. The consequences for the Contractor s failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this contract by the Commissioner or the State. 14.3.3 Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363.073 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for noncompliance. 15 Workers Compensation Each party will be responsible for its own employees for any workers compensation claims. This Master Contract, and any work orders issued hereunder, are not intended to constitute an interchange of government employees under Minnesota Statutes §15.53. To the extent that this Master Contract, or any work order issued hereunder, is determined to be subject to Minnesota Statutes §15.53, such statute will control to the extent of any conflict between the Contract and the statute. 16Publicity 16.1 Publicity. Any publicity regarding the subject matter of a work order contract where the State is the Requesting Party must identify the State as the sponsoring agency and must not be released without prior written approval from the State s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Local Government individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from a work order contract. 16.2 Data Practices Act. Section 16.1 is not intended to override the Local Government s responsibilities under the Minnesota Government Data Practices Act. January 14, 2008, City Council Meeting 35 17 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this master contract and all work order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 18 Prompt Payment; Payment to Subcontractors The parties must make prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. § 16A.1245, when the Local Government lets a contract for work pursuant to any work order, the Local Government must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 19 Minn. Stat. § 181.59 The Local Government will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 20 Termination 20.1 Termination by the State for Convenience. The State or commissioner of Administration may cancel this Master Contract and any work order contracts at any time, with or without cause, upon 30 days written notice to the Local Government. Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 20.2 Termination by the Local Government for Convenience.The Local Government may cancel this Master Contract and any work order contracts at any time, with or without cause, upon 30 days written notice to the State. Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 20.3 Termination for Insufficient Funding.The State may immediately terminate this Master Contract and any work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Local Government. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. January 14, 2008, City Council Meeting 36 The State will not be assessed any penalty if the master contract or work order is terminated because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the Local Government notice of the lack of funding within a reasonable time of the State s receiving that notice. 21 Data Disclosure Under Minn. Stat. § 270.66, and other applicable law, the Local Government consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. 22 Defense of Claims and Lawsuits If any lawsuit or claim is filed by a third party (including but not limited to the Local Government s contractors and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this Master Contract, the Local Government will, at the discretion of and upon the request of the State, tender the defense of such claims to the State or allow the State to participate in the defense of such claims. The Local Government will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work. The Local Government will not purport to represent the State in any litigation, settlement, or alternative dispute resolution process. The State will not be responsible for any judgment entered against the Local Government, and will not be bound by the terms of any settlement entered into by the Local Government except with the written approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law. 23 Additional Provisions 23.1 Foreign Outsourcing. If the Local Government lets a contract for professional/technical or other services pursuant to any work order, the Local Government will require proposing vendors/bidders to disclose where work will be performed, and will use the extent to which services will be performed in the United States as a factor in determining the best value in awarding any such contract. It is the State s policy that state funds spent on contracts remain in the United States to the maximum extent possible. [the balance of this page has intentionally been left blank] January 14, 2008, City Council Meeting 37 LOCAL GOVERNMENT COMMISSIONER OF TRANSPORTATION The Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as By: ________________________ required by applicable articles or bylaws. (with delegated authority) Title: _______________________________ By: ________________________________ Date: _______________________________ Title: ______________________________ Date: ______________________________ COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By:________________________________ By: ________________________________ Title:_______________________________ Date: ______________________________ Date:______________________________ Mn/DOT Contract Management As to form & execution By: ________________________________ Date: _____________________________ January 14, 2008, City Council Meeting 38 CFMS Contract No._____NA_______ Payable by State Receivable by State STATE OF MINNESOTA WORK ORDER UNDER MASTER PARTNERSHIP CONTRACT State Project (SP): NA Trunk Highway (TH): NA Project Identification: Services provided by State This Work Order Contract is issued under the authority of State of Minnesota, Department of Transportation (Mn/DOT) Master Partnership Contract No. listed above between the state of Minnesota acting through its Commissioner of Transportation (State ) and the City of Maplewood, a political subdivision of the State of Minnesota (Local Government ) and is subject to all applicable provisions and covenants of that Agreement which are incorporated herein by reference. Work Order Contract Article 1 Term of Work Order Contract; Incorporation of Exhibits: Effective date: This Work Order Contract will be effective on the date that all required signatures are obtained by State, pursuant to Minnesota Statutes Section 16C.05, subdivision 2. The Providing Agency must not begin work under this Contract until ALL required signatures have been obtained and the Providing Agency has been notified in writing to begin such work by the Requesting Agency s Authorized Representative. Expiration date: This Work Order Contract will expire on November 30, 2012, or when all obligations have been satisfactorily fulfilled, which ever occurs first. Exhibits: Exhibits A through B are attached and incorporated into this Work Order Contract. Article 2 Nature of Work; Requesting and Providing Party: 2.1 The box(es) checked below indicate the nature of the work to be performed. See Section 2.1 of the Master Partnership Contract for applicable definitions. Routine Roadway Maintenance (See Exhibit B) Professional And Technical Services (See Exhibit B) Construction Administration 2.2 The boxes checked below show which party is the Requesting Party and which party is the Providing Party . 2.2.1 The Requesting Party is State Local Government 2.2.2 The Providing Party is State Local Government Article 3 Scope of Work: 3.1 The Providing Party will perform services under this Work Order summarized generally as follows: The State will provide transportation-related routine roadway maintenance and/or professional/technical services to the Local Government. Examples of services are shown on Exhibit B. January 14, 2008, City Council Meeting 39 Article 4 Deliverables by the Providing Party : 4.1 Upon receipt of a written request form the Local Government, the State will evaluate the request and promptly inform the Local Government if the State will perform the work, either as submitted or with modifications. If accepting the work, the State will identify a project manager for the work to be performed. Any work assignment accepted by the State pursuant to this contract is subject to all terms and conditions of this contract. 4.2 After the State accepts a work assignment, the State will promptly perform the work in a professional manner and in accordance with generally accepted government standards. If the Local Government deems that the work is not proceeding in a satisfactory manner, the Local Government will bring such concerns to the State s Project Manager in charge of the particular project. The Parties will endeavor to resolve any disputes concerning work under this contract in the most informal and cost-effective manner reasonably available. Article 5 Items provided or completed by the Requesting Party 5.1 The Local Government will submit a brief written request for any services to the State. The request may be in the form of a letter or memorandum and may be transmitted by fax or email. A request may be made via telephone, but will not be considered accepted unless acknowledged in writing by the State. The request must include sufficient detail on the scope of the work to be performed to afford the State the opportunity to assess the resources necessary to accomplish the work and develop a cost estimate. Article 6 Consideration of Payment: 6.1 Payment Basis. The State may, at its option, charge the Local Government on either a lump-sum or actual cost basis for performance of the work. 6.2 Actual Cost Basis. Unless a lump sum or other payment arrangement is agreed upon, all work performed by the State will be billed on an actual cost basis. For work performed upon an actual cost basis, the State will provide a report showing the actual cost of the services performed by the State under this contract. The State s Actual Cost will consist of all of the following elements: (1) The actual cost of any materials provided by the State; and (2) Travel expenses reasonably and necessarily incurred by the State in the performance of the work. Such travel expenses will be subject to the limitations contained in the Minnesota Department of Transportation Travel Regulations in effect at the time the work is performed; and (3) Labor costs incurred by the State in performance of the work. Such labor costs will consist of: (a) The actual hourly wage or salary of State personnel for time pent working on the project; and (b) Labor and overhead additive, at a rate to be determined annually by the appropriate State Financial/Accounting Officer. Labor additive will include fringe benefits, holiday and vacation pay, and applicable workers compensation and payroll tax expenses. (4) Equipment costs incurred by the State in the performance of the work. Such cost will consist of : (a) The hourly rental rate of the equipment; and (b) Fuel and other direct operational costs not included in the equipment rental rate. Article 7 Terms of Payment: 7.1 The State will invoice the Local Government upon completion of the services, or at regular intervals not more than once monthly as agreed upon by the parties. 7.2 The Local Government will promptly pay the invoice(s) submitted by the State. Payment must be remitted to the address below: Minnesota Department of Transportation Attn: Cash Accounting RE: Mn/DOT invoice number (include the Mn/DOT invoice number) Mail stop 215 395 John Ireland Blvd St. Paul, MN 55155 IMPORTANT: THE REMITTANCE MUST INCLUDE THE Mn/DOT INVOICE NUMBER. January 14, 2008, City Council Meeting 40 Article 8 Local Government s Project Manager: 8.1 The Local Government s Project Manager for this Work Order is the Local Government s Engineer for technical matters. The Local Government s Project Manager for this Work Order is responsible for overseeing the Local Government s fulfillment of its obligations under this Work Order, reviewing and approving invoices, resolving disputes related to this Work Order, and for giving or receiving any notices required or permitted by this Work Order. Article 9 State s Project Manager: 9.1 The State s Project Manager, for this Work Order is the District Engineer. The State s Project Manager is responsible for overseeing the State s fulfillment of its obligations under this Work Order, reviewing and approving invoices, resolving disputes related to this Work Order, and for giving or receiving any notices required or permitted by this Work Order. Article 10 Termination. 10.1 Termination by the State. The Local Government, the State or the Commissioner of Administration may cancel this Work Order at any time, with or without cause, upon 30 days written notice to the other Party. Upon termination, the Providing Party will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 10.2 Termination for Insufficient Funding.If the State is the Requesting Party,The State may immediately terminate this Work Order if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Local Government . The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the Work Order is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Local Government notice of the lack of funding within a reasonable time of the State s receiving that notice. Article 11 Additional Provisions 11.1 The parties intend that the services provided under this contract will not be construed as an interchange of employees subject to Minnesota Statutes § 15.51, et .seq. If the provision of the services under this contract is deemed to be subject to Minnesota Statutes § 15.51, et. seq., and any provision in this contract is determined to conflict with such statute, then the statute will control to the extent of any such conflict. LOCAL GOVERNMENT The Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as required by applicable articles, bylaws, resolutions, or ordinances. By: ________________________________ Title:_______________________________ Date: ______________________________ COMMISSIONER OF TRANSPORTATION By: _______________________________________ Title: District Engineer Date:_______________________ COMMISSIONER OF ADMINISTRATION By:_______________________________________ Date:_____________________________________ January 14, 2008, City Council Meeting 41 EXHIBIT A STANDARD TERMS STANDARD TERMS FOR ROUTINE ROADWAY MAINTENANCE 1. The Providing Party will perform routine maintenance in accordance with the specifications and guidelines in the current Mn/DOT Maintenance Manual 2. Unless otherwise provided in this Work Order, the Providing Party is not required to perform extraordinary maintenance or reconstruction. The Providing Party should notify the Requesting Party immediately if it becomes aware of any maintenance, not covered by this Work Order that should be addressed immediately to prevent the risk of serious injury to the public. 3. The Providing Party will perform traffic control in accordance with Minnesota Manual on Uniform Traffic Control Devices. STANDARD TERMS FOR PROFESSIONAL AND TECHNICAL SERVICES 1. The Providing Party will prepare all documents in accordance with Minnesota law, applicable Federal laws and regulations, and geometric design standards for trunk highway plans as described in the current versions of Mn/DOT Manuals, available through the Mn/DOT State Aid Division or on the Mn/DOT website, www.dot.state.mn.us 2. The Providing Party will, as applicable in developing plans, include the standard specifications from the latest edition of Mn/DOT Standard Specifications for Construction, and all amendments thereto. 3. The Providing Party will furnish the personnel, services, supplies, and equipment necessary to properly perform, supervise, and document the work for the project(s). The services of the Providing Party to be performed hereunder may not be assigned, sublet, or transferred unless approved in writing by Mn/DOT. This written consent will in no way relieve the Local Government from its primary responsibility for performance of the work. January 14, 2008, City Council Meeting 42 Exhibit B - Available Services Following are examples of services available from Mn/DOT pursuant to this agreement. Other services may be available upon request. Note that this agreement cannot be used for the construction of joint facilities, nor does it replace the Municipal Agreement process for cooperative construction programs. Maintenance Pavement striping Bridge Construction/Maintenance services including: Bridge load ratings Bridge inspections Hydraulic data system support/management Standards, Research and Governance services including: Bridge standards and specifications development Bridge research Bridge construction, maintenance and hydraulic training Bridge Construction and Maintenance services including: Construction planning and programming Construction support Steel fabrication services Maintenance assistance Bridge Design services including: Preliminary bridge studies and plans Final bridge designs and plans Bridge construction estimating Hydraulic structure recommendations Consultant management Land Management Appraisal services Legal services Eminent domain support Legal descriptions Geodetic surveying Photogrametric mapping Platting Direct purchase Electronic Communications Electronic and telecommunications system design, installation and maintenance services Materials Pavement condition data Materials testing Box culvert inspection Pre-stress beams for county and city bridges January 14, 2008, City Council Meeting 43 RESOLUTION 08-01-005 Whereas, The Minnesota Department of Transportation wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and Whereas, Mn/DOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and Whereas: the parties wish to able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write work orders against a master contract would provide the greatest speed and flexibility in responding to identified needs. Therefore, be it resolved: 1. That the City of Maplewood enter into a Master Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the Council. 2. That the proper City officers are authorized to execute such contract, and any amendments thereto. 3. That the City Engineer is authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from Mn/DOT, and that the City Engineer may execute such work order contracts on behalf of the City without further approval by this Council. Approved this 14th day of January, 2008. Attest: By:_______________________________ Title:_____________________________ Date:_____________________________ Seconded by Councilmember Rossbach. Ayes All The motion passed. January 14, 2008, City Council Meeting 44 14. Design and Production Services Contract Steiner & Associates Graphics. a. City Clerk, Citizen Services Manager, Karen Guilfoile, answered questions of the council. Councilmember Juenemann moved to approve the Design and Production Services Contract on a month by month basis for Steiner and Associates Graphics, to retain the services of Heidi Carey for the production of the Parks and Recreation Catalog and send out for an RFP for publication services. Seconded by Councilmember Hjelle. Ayes All The motion passed. ***This item was reconsidered at the January 17, 2008, continuation of the January 14, 2008, meeting. 15. Annual Lawful Gambling License Merrick Companies, Inc. Councilmember Juenemann moved to approve the Annual Lawful Gambling License Merrick Companies, Inc. RESOLUTION 08-01-006 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for Merrick Companies to operate at The Rock, 2029 Woodlyn Avenue, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Hjelle. Ayes All The motion passed. 16. Annual Lawful Gambling License Pioneer Booster Club. Councilmember Juenemann moved to approve the Annual Lawful Gambling License Pioneer Booster Club. RESOLUTION 08-01-007 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Pioneer Booster Club, to operate at Bleechers Bar located at 2220 White Bear Avenue, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. January 14, 2008, City Council Meeting 45 FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Hjelle. Ayes All The motion passed. 17. 2008 Pay Rates for Temporary/Seasonal, Casual Part-time and Paid-Per Call Employees. Councilmember Juenemann moved to approve the 2008 Pay Rates for Temporary/Seasonal, Casual Part-Time and Paid Per Call Employees. RESOLUTION 08-01-008 WHEREAS, according to the Minnesota Public Employees Labor Relations act, part-time employees who do not work more than 14 hour per week and temporary/seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full-time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary/seasonal, casual part-time (14 hours or fewer/wk) and paid-per-call employees effective January 14, 2008 upon Council approval. Accountant $10.00-30.00 per hour Accounting Technician $9.00-22.00 per hour Administrative Assistant $9.00-23.00 per hour Background Investigator $25.00-35.00 per hour Building Inspector $14.00-35.00 per hour Building Attendant $6.15-15.00 per hour Clerk $7.50-15.00 per hour Customer Service Assistant $6.15-15.00 per hour CSO $8.00-16.00 per hour Data Entry Operator $8.00-12.00 per hour Election Judge $6.50-12.00 per hour Election Judge - Assistant Chair $9.00-15.00 per hour Election Precinct Chair $9.00-16.00 per hour Engineering Aide $7.00-16.00 per hour Engineering Technician $10.00-16.00 per hour Fire Department Custodian $6.00-6.90 per quarter Firefighter Paid-Per-Call $9.00, $11.27, $15.77 per run $18.00 per drill Firefighter Paid-Per-Call Shift Fill-in $12.00 per hour Intern $6.50-20.00 per hour IT Technician $15.00-20.00 per hour Laborer $6.50-14.00 per hour January 14, 2008, City Council Meeting 46 Lifeguard $6.15-14.00 per hour Manager on Duty Differential $1.00 per hour Office Specialist $8.50-18.00 per hour Paramedic $17.00-22.00 per hour Receptionist $8.00-16.00 per hour Recreation Instructor/Leader $6.15-32.00 per hour Recreation Official $6.15-30.00 per hour Recreation Worker $6.15-18.00 per hour Theater Technician $20.00-30.00 per hour Vehicle Technician $9.00-15.00 per hour Video Coordinator* $11.00-19.00 per hour Video Technician* $10.00-18.00 per hour Water Safety Instructor (WSI) $7.50-16.00 per hour WSI & Head Lifeguard Differential $1.00 per hour (Lifeguards or WSIs working as Head Lifeguards; Lifeguards working as WSIs) *Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours or less. BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. Seconded by Councilmember Ayes Mayor Longrie, Councilmembers Juenemann, Nephew, & Rossbach Abstain Councilmember Hjelle The motion passed. J. AWARD OF BIDS None. Councilmember Hjelle moved to complete agenda items K1, K2, K4, L1, and L2. Agenda items K3, K5, K6, K7, L3, and L5 will be heard at the continuation of this evenings meeting at 7:00 p.m. Thursday, January 17, 2008. Agenda items K8 and L4 were removed from the agenda at the beginning of the meeting at the request of Councilmember Hjelle due to legal issues. K. UNFINISHED BUSINESS 1. Walter Street Trail Connection, Approve Joint Powers Agreement with the City of Little Canada. a. Public Works Director, Chuck Ahl presented the report. Mayor Longrie asked if there were any citizens that wanted to speak regarding this item. Nobody came forward. Councilmember Hjelle moved to approve the Approve Joint Powers Agreement for the Trail and Boardwalk Extension with the City of Little Canada; and authorize the Finance Director to transfer $50,000 from the Park Development Fund to the Water Street Trail Project, Fund 343. January 14, 2008, City Council Meeting 47 This Agreement is between the City of Little Canada 515 East Little Canada Road Little Canada MN 55117 And the City of Maplewood 1830 County Road B East Maplewood MN 55109 Whereas, the City of Little Canada and the City of Maplewood desire to connect the trail systems that currently exist in each city near Walter Street, Labore Road and County Road D; Whereas, the residents of both the City of Little Canada and the City of Maplewood would benefit from the connection of the trail system; Whereas, The City of Little Canada and the City of Maplewood recognize that it is economically beneficial to design and construct the project jointly as a single project; Whereas, plans and specifications for the trail and boardwalk construction have been prepared by Sanders Wacker Bergly, Inc., Landscape Architects and Planners; Whereas, the staff and Park Commission from the City of Little Canada and the City of Maplewood have reviewed and approved the plans; . Whereas, the City of Little Canada and the City of Maplewood are authorized pursuant to Minnesota State Statutes Section 471.59, commonly known as the Joint Powers Act, to enter into a Joint Powers Agreement; Whereas, the City of Little Canada and the City of Maplewood desire to enter into this Agreement for the purpose of establishing the rights, responsibilities and obligations of the parties regarding the design, construction, management and maintenance of the Project. Now, Therefore, in consideration of the mutual covenants contained herein, the City of Little Canada and the City of Maplewood hereby agree as follows: Description of the Project The Project, as shown on the attached construction drawings, Exhibit A, sheets L1 through L5, shall consist of a bituminous trail (8' width) and a boardwalk (10' width), along with related landscaping. The Project, as shown in the attached drawings, begins near Walter Street, where the new trail will connect with the existing Maplewood Trail on the east side of Walter Street. The new trail will extend west of Walter Street approximately 700 feet to connect with the existing Little Canada Trail that runs east from Labore Road. Approximately 230 feet of the trail to be constructed will be a wood boardwalk that crosses a wetland area. Cost Estimate A preliminary cost estimate for the project is attached, Exhibit B, which shows a breakdown of the anticipated costs for the City of Little Canada and the City of Maplewood. This is only an estimate. The actual cost of the project may vary and each City will be responsible for the actual cost of the completed project within their respective area for all work except mobilization and staking and layout which shall be divided on a 50/50 basis between the two cities. January 14, 2008, City Council Meeting 48 Cost Sharing The bid forms will require a complete breakdown of the contractors cost based on unit prices and a total lump sum bid. The unit prices will allow an accurate assignment of the cost of the project to each party. Any lump sum amounts (except for mobilization and staking and layout ) will be assigned to each party based on an estimate of the amount of work occurring within each City as a percentage of the total amount of the work occurring within each respective City. In the event that such an allocation is not possible, then those costs will be split on a 50/50 basis. Prior to the award of the bid, each party shall review the bids received, including the unit prices and the cost obligation for each party. A revised cost estimate shall be prepared assigning bid costs to each City. Once written approval is obtained by the designated staff contact from each City, a contract will be signed between the City of Little Canada and the lowest qualified bidder, for construction of the entire project. It is also understood that time is of the essence in awarding the bid and each City shall endeavor to either approve or deny the revised cost estimate with expediency. Costs for professional services associated with design shall be the responsibility of each City and billed on an individual basis. Costs for professional services associated with project management and oversight shall be included on the estimate of costs and split on a 50/50 basis between each City, except for any costs that are directly attributable to any one City. In that case, the City generating the professional services costs shall be responsible for all fees associated with the service request. Change Orders The parties acknowledge that change orders may be required on the project and that time is of the essence on many construction decisions. The parties agree that change orders may be approved administratively by agreement of the designated staff. The parties further agree that any change orders over 10% of the total contract amount shall require approval from each respective city council. Said approval or denial shall be obtained in an expeditious manner to avoid unnecessary delays in completing the project. If a change order is being processed to benefit only one City, then only that City needs to approve the change as long as that City accepts 100% of the cost associated with said change order. Contracting Agency The City of Little Canada shall act as the Contracting Agency for the project. The City of Little Canada will not advertise for bids until it has received authorization from the City of Maplewood to proceed. The City of Little Canada will advertise for bids in accordance with the requirements of law applicable to statutory cities. The City of Little Canada will require bid bonds, performance and payment bonds and insurance as agreed to by both parties and prescribed in the project specifications attached as Exhibit C. Sanders Wacker Bergly, Inc., professional consultant responsible for the design and management of this project shall prepare all addenda, distribute bid documents, received bids and tabulate bids. The consultant shall forward the bid results to each City for their respective approvals prior to award of the contract.Little Canada shall award the bid to the lowest responsible bidder unless that bid exceeds the estimate of costs depicted on Exhibit B by more than ten percent (10%). If the bid exceeds the estimate by more than 10%, then either City may choose not to award the bid, in its sole discretion. January 14, 2008, City Council Meeting 49 The City of Little Canada will enter into a contract with the lowest responsible bidder. As the Contracting Agency, the City of Little Canada shall have the right to issue change orders, make payments to the contractor, provide construction observation, require construction testing and otherwise administer the contract as deemed necessary for the proper completion of the project, subject to the terms of this agreement. Staff Designations Each City shall designate a staff contact who shall be empowered to make administrative decisions regarding this project for their respective city as provided for by this agreement. The City of Maplewood hereby designates DuWayne Konewko, Environmental Manager, as the staff contact for this project. The City of Little Canada hereby designates Jim Morelan, Director of Parks & Recreation, as the staff contact for this project. Payment and Reimbursement The City of Little Canada will make partial payments to the contractor on a monthly basis according to the work completed and based upon the recommendation of Sanders Wacker Bergly, Inc. The City of Little Canada will submit requests for reimbursement to the City of Maplewood for its portion of the work on a monthly basis. Payment shall be made within fifteen (15) days of submittal. Each City represents that it has sufficient funding to pay its share of the project costs. Final Payment and Acceptance Prior to final payment, the parties will conduct a final review of the project to determine the final acceptance of the project from the contractor. Upon recommendation from Sanders Wacker Bergly, Inc. and final acceptance of the work by each respective City Staff designee, a final payment will be made to the Contractor. Insurance Each party shall maintain in full force and effect liability insurance in the amount of One Million Dollars ($1,000,000) for any number of claims arising out of a single occurrence. The intent of the insurance requirements of this provision is to impose on each party a limited duty to defend and indemnify the other party for claims arising as a result of this Agreement, subject to the limits of liability under Minnesota Statutes Chapter 466. Under no circumstances shall either party be required to pay on behalf of itself any amounts in excess of the limits of liability as set forth in Minnesota Statutes Chapter 466 applicable only to one party. The limits of liability for either of the parties may not be added together to determine the maximum amount of liability for either party. Indemnity Each party agrees to defend, indemnify and hold harmless the other party from all claims, actions, proceedings and costs (including reasonable attorney s fees and costs of suit), including liens and any accident, injury, loss or damage whatsoever occurring to any person or to the property of any person arising after the completion of the construction of the project, or arising out of this Agreement; provided, however, that the foregoing shall not be applicable to events or circumstances caused by the negligence or willful act or omission of such indemnified party, its licensees, agents, servants, employees or anyone claiming by, through or under any of them. Under no circumstances, however, shall either party be required to pay any amounts in excess of the limits of liability established in Minnesota Statutes Chapter 466. January 14, 2008, City Council Meeting 50 Management and Maintenance Each city shall be responsible for the management and maintenance of that portion of the trail and boardwalk that is within their respective city after the project is completed. Each City warrants to the other that it will take all reasonable steps to ensure that the trail is maintained to appropriate standards to protect trail users from injury during reasonable and appropriate usage of the trail segment constructed under this agreement. Should one City feel the other is not maintaining its portion of the trail to appropriate standards, that City shall notify the other city in writing of the specific concerns. The City with the alleged deficiencies shall respond to the accusing City within 15 days of receipt of the notice of its position on the matter and specific plans for correction or why no action is appropriate. Should the accusing City not be in agreement with the other City, then both Cities agree to submit to the opinion of the League of Minnesota Cities Insurance Trust (LMCIT) Loss Control staff or some other party of mutual acceptance as to what level of maintenance is appropriate. Each City agrees to undertake any corrections noted by the LMCIT (or other party) with appropriate expediency. Each city shall be responsible for communication with their city's affected property owners, residents and with Xcel Energy regarding any issues relevant to the trail construction or operation. Each city shall be responsible for signage related to their respective sections of the project. Dispute Resolution Negotiation Any claim, dispute or other matter in question, arising out of or related to this Agreement shall first be subject to negotiation between the parties as a condition precedent to arbitration. Arbitration Any claim, dispute or other matter in question, arising out of or relating to this Agreement, if not resolved by direct negotiation, shall be subject to arbitration. A request for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the parties and any other person or entity sought to be joined. The award rendered by the arbitrator shall be final, and judgments may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Severability Invalidation of any of the provisions contained in this Agreement, or of the application thereof, to any person by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other person, and the same shall remain in full force and effect. Amendments This agreement may be amended by, and only by, a written agreement signed by both parties. January 14, 2008, City Council Meeting 51 Agreement Supersedes This Agreement shall be in lieu of, and shall supersede, any other agreement between the parties with respect to the subject matter contained herein, and all plans, special provisions, proposals, other agreements or contracts not expressly incorporated herein by reference, shall be superseded and have no further force or effect, and that there are no other obligations or liabilities with respect to the project to be kept, performed and observed that are not expressly set forth in this Agreement. Notices Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally o when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such addresses have been given: City of Maplewood 1830 County Road B East Maplewood, MN 55109 City of Little Canada 515 Little Canada Road Little Canada, MN 55117 Successors and Assigns The terms and conditions of this Agreement shall be binding upon and inure to the successors and assigns of the parties hereto. In Witness Whereof, the parties hereto have executed this Agreement on the day and year written below. CITY OF LITTLE CANADA CITY OF MAPLEWOOD By: By: William Blesener It's: Mayor It's: By: By: It's: It's: Date: Date: Seconded by Councilmember Juenemann. Ayes All The motion passed. January 14, 2008, City Council Meeting 52 2. Ponds of Battle Creek Golf Course Lighting Review 601 Century Avenue South. a. Senior Planner, Tom Ekstrand presented the report. b. Kevin Finnley, Ramsey County Park and Recreation Department 2015 Van Dyke Street answered questions from the city council. The council took no action on this matter. 3. Myth Sign Review 3090 Southlawn Drive. (Item to be heard January 17, 2008.) 4. Conditional Use Permit Review Beaver Lake Town Houses Lakewood Drive and Maryland Avenue. a. Planner, Ken Roberts presented the report. b. Public Works Director, Chuck Ahl, answered questions of the council. c. Bill Schriener, 1098 Beaver Creek Parkway, Maplewood, addressed the council. d. Paul Schreier, 441 Eldridge Avenue East, Maplewood, addressed the council. Mr. Schriener said the CUP required a tree plan for this project before any building permits were to be issued. He said nobody at the city could show him the tree plan. (The planning department did find the tree plan in the project file) He said the CUP specifically says the outflow from stormwater from this project will not exceed preconstruction levels. In the engineering report (that hasn t been mentioned yet tonight) he said he would bet it will show an increase of outflow with the portion that is already built. That means already there is a violation of the CUP. You cannot tear out the street or the houses but you can do damage control. This is a violation of the CUP especially in a shoreline area. If you look at the plan from Beaver Creek Parkway to Lakewood Drive you are talking about making an area 100% impervious. Almost every square foot of land is going to be covered by asphalt, concrete or houses. There is no green area left. He heard a comment tonight about the crosswalk that he brought up to the council in November. He said he appreciates the crosswalk at Maryland and Lakewood Drive, the problem is from his addition there is no access from the corner without walking on Lakewood Drive so it is a moot point, the crosswalk serves no purpose. The bus stop is only accessible from walking on Lakewood Drive. Looking back at previous meetings from the planning commission November 15, 2000, he brought up a lack of parking spaces and many of the parking spaces were set at 19 feet long. The planning commission was smart enough to realize 19 feet long was ridiculous and the commission made comments that those parking places need to be increased to at least somewhere between 21 to 25 feet which is more realistic, especially for parallel parking places. People aren t going to park bumper to bumper therefore; you already reduce the parking places below an adequate level. As far as the roofline goes, he said he understands the code about measuring from the midpoint of the roof. The problem is when this building is 40 feet in front of his house and he looks out his window and front door, the midpoint of the roof means nothing regarding the impact this will have on his house. The sky, the sun and the tree are blocked out at the level of the peak of the roof. Mr. Schriener said there are a lot of comments regarding the multi-phases of the project. Nowhere in the CUP was anything brought before the planning commission or the council regarding this being a multi-phased project. It was proposed as a single project and it was interpreted by some to take place all at once, which it didn t. He said these two and three bedroom apartments without the anticipation of children living here. Mr. Schriener said because this project has already paved over, built, 100% concrete, there is absolutely no accommodation whatsoever for any play area for children that this neighborhood would attract. We are living in a dream world. He asked if people expect the kids to play in the streets? It defies common sense. January 14, 2008, City Council Meeting 53 Mr. Schriener said Beaver Lake is designated as a class 5 lake. In other words, its a natural environmental water way as such, it needs to receive, its required to receive, the highest level of protection. Mr. Schriener said that goes with the Maplewood City Code 44-1242, it says that anything built in an area such as this requires 80% screening from 80% of the shoreline of the lake and in addition, anything in this protected area can have no more than 30% impervious coverage. When he looks at this area he sees almost 100% impervious coverage. Even if you take into account the entire park area, if you look at the buildings, the land usage and add in the use of the homes, he doubts it meets the 30% impervious coverage rule. That s an issue for him because that is one of the city codes. City Code 44-50 (this code is unknown to the planning department) says a planned unit development of multi-units requires a 400 foot minimum setback from the lake. There is no way there is 400 feet of setback here. If you look at City Code 44-75 (this code is unknown to the planning department) there are several violations with this CUP. Mr. Schriener said the developer, Mr. Dick Schreier has a long history coming before the city council and asking for CUP s. He has a long history of not meeting the terms and conditions of those CUP s and permits as is the example of the missing fencing. There also was an issue with the US Bank building he built and the curbing. He said if he dug further he was sure he would find plenty more violations. For example, if the neighbor borrows $200 and doesn t pay it back and a few months later he comes back asking for another $200 and the city gives it to him. Nobody has been enforcing Mr. Schreier s conditions to make sure he complies with the conditions. Nobody at the city is watching. Just looking at the overflow alone this matter should go back before the planning commission because this report shows this is not in compliance with the CUP. Mr. Schriener said the engineering reports are contradicting from what he was told this morning from the engineering department. They said there is an increase in the outflow. This is a direct violation of the CUP. You try to whitewash this with the 100 year rain event. The CUP doesn t say it can be variable. The CUP clearly states no increase in outflow. The engineering report will document an increase in outflow. He said frankly it has to be. If you looked at the high and low points and where the water flows, there is definitely outflow. The other thing he questioned the engineering report on is the engineers were convinced the water and the outflow ran south on Lakewood Drive. The reality is the outflow flows north towards Maryland and that is the point the road floods out. The city engineering dept wasn t aware of this until 9:00 this morning so he has serious questions with the engineering reports. The engineers didn t even know the direction the water flows. Mr. Schriener said he remembered a comment from a planning commission meeting and referred to the city bringing up CUP reviews on an annual basis. The reason the city does the CUP is to make sure the i s are dotted and the t s are crossed and everything is enforced. Evidently that city review process works so well there is going to be a battle between Mr. Schreier and the City of Maplewood regarding who is going to put the fence in. It works so well the city issued 44 building permits without the tree plan. The system is broke, it doesn t work. The outflow is going to increase radically with this new building. How do people get to the crosswalk, and to the bus stop? Where are the children going to play? Where are these people going to park their cars unless you plan to allow cars to be parked on one side of Lakewood Drive? He said he had a couple of engineers review the project plans. Those who reviewed the plans had real interesting comments. They said this was one of the worst planned developments they had ever seen in their lives. Quite frankly the city is seeing the effect of that already. Unless the city starts damage control everyone is going to be dealing with a lot more and potential cost to the tax payers as this goes on. January 14, 2008, City Council Meeting 54 Mr. Schriener said in the CUP it relates to signage to keep kids and people out of the park area because it is a wildlife habitat protected area and people are not supposed to be in that park area except on the walking paths. It s supposed to be signed appropriately which is part of the CUP but it isn t signed appropriately. That area is a low land wetland and animal habitat and is not designed for kids to be playing in. He showed an area on the map where all the runoff goes onto the private property of Rosewood Estates and onto their private drive. In heavy rains, it floods out their driveways and causes washouts. He sees potential liability for the Beaver Lake Development and for the association because we are sending the water runoff onto someone else s private property. Mr. Schriener said first the drainage crosses their property, mud washes onto their property, tree branches have been washed onto their property and at times you didn t dare go out on that road in a heavy rain because of all the water that has been washing onto their property. At some point and time there is a potential for litigation. Councilmember Rossbach mentioned the potential of Mr. Schreier pursuing litigation on this. He said he completely understands that. He wondered if all the homeowners pursued litigation to go after the decreased home values that are inevitable especially when many of people went to the city to find out what was planned for that particularly area prior to buying their homes. He said we were told this is what was approved, nothing had been approved yet for that area and if there was a proposal there would be public hearings before approval of anything. He isn t the only person that went to the city and was told that. Potentially the city is looking at some lawsuits that could be more expensive than Mr. Schreiers. Mr. Paul Schreier, 441 Eldridge Avenue East, Maplewood, addressed the council. He said they are going to meet the requirements of the CUP and fix the fence and the trees that are down. He said you guys sell yourself short, he doesn t know how they could do anything else after the motion was made to approve the CUP review in June 2007. He said he wasn t sure why a motion was necessary if they already had approval for one year. (City Attorney Kantrud answered that question.) Councilmember Nephew moved to approve the extension review the conditional use permit for the planned unit development for the Beaver Lake Town Houses at Maryland Avenue and Lakewood Drive again in one year or sooner if the owner proposes a major change to the site or to the project plans.Secondly, to direct staff to make sure the items that have been brought up in this discussion that warrant attention from the developer such as the grade issues, the tree issues and the fence issue. The city should ensure that those concerns be taken care of by the beginning of July 2008. This CUP should be brought back six months from now to check on the status of these deficient items and to ensure the concerns have been taken care of. Councilmember Rossbach offered a friendly amendment to direct staff to make sure the items that have been brought up in this discussion that warrant attention from the developer such as the grade issues, the tree issues and the fence issue. The city should ensure that those concerns be taken care of by the beginning of July 2008. This CUP should be brought back six months from now to check on the status of these deficient items and to ensure the concerns have been taken care of. Councilmember Nephew agreed with the friendly amendment. Seconded by Councilmember Rossbach. Ayes Councilmembers Juenemann, Nephew & Rossbach Nays Mayor Longrie, Councilmember Hjelle The motion passed. January 14, 2008, City Council Meeting 55 Councilmember Nephew moved to extend the meeting to complete agenda items L1 & L2. Seconded by Mayor Longrie. Ayes Mayor Longrie, Councilmembers Hjelle, Nephew, Rossbach Nay Councilmember Juenemann The motion passed. 5. Reconsider item F3 from December 10, 2007, City Council Meeting; Sign Code Amendment, second reading Councilmember Will Rossbach No Report. (This item will be heard January 17, 2008) 6. Reconsider item F1 from December 27, 2007, Special City Council Meeting; Conditional Use Permit Billboard Height Increase Council Member Will Rossbach. No Report. (This item will be heard January 17, 2008) 7. Anonymous Voice Mail from Pierre Regnier Councilmember Eric Hjelle. (This item will be heard January 17, 2008) 8. Suspension of Marlene Palkovich as Police Civil Service Commissioner Councilmember Eric Hjelle. No Report. (This item was removed from the agenda.) L. NEW BUSINESS 1. Conditional Use Permit Revision Schmelz Countryside Motors 1180 1200 Highway 36 East. a. Senior Planner, Tom Ekstrand presented the report. b. Robert Martin, Planning Commissioner, 2329 Londin Lane, Maplewood addressed the council and gave the planning commission report. c. John Schmelz, Owner of Schmelz Countryside Motors, 1180 Highway 36 East, Maplewood addressed the council. Councilmember Hjelle moved to adopt the resolution approving a Conditional Use Permit Revision for the expansion of an auto dealership with sales and service Schmelz Countryside onto the property at 1200 Highway 36 (currently the Ember s Restaurant property). This revision incorporates the resolutions previously applied to the applicant s current site and his future use of the Ember s Restaurant property. This approval is based on the findings required by code and subject to the following conditions (additions are underlined and deletions are crossed out): January 14, 2008, City Council Meeting 56 CONDITIONAL USE PERMIT RESOLUTION 08-01-009 WHEREAS, John Schmelz, of Countryside Volkswagen, Inc., applied for a conditional use permit revision to expand his automobile sales and service business onto the Ember s Restaurant site adjacent to his property. WHEREAS, this permit applies to the Countryside Volkswagen, Inc., Automobile Dealership at 1180 Highway 36 East and to the expanded site located at 1200 Highway 36. The legal description is: Existing Dealership Legal Description: The west 105.00 feet of the east 135.00 feet of the north 30.00 feet of Block 10, Clifton Addition and vacated street accruing. The east 240.00 feet of Block 15, Clifton Addition, except the south 30.00 feet lying west of the east 135.00 feet thereof. Together with that part of vacated Cope Avenue accruing. The east 240.00 feet of that part of Block 16, Clifton Addition, lying southerly of State Trunk Highway Number 36. The west 110.00 feet of that part of Block 17, Clifton Addition, lying southerly of State Trunk Highway Number 36. The west 110.00 feet of Block 14, Clifton Addition, together with that part of vacated Cope Avenue accruing. The west 225.00 feet of east 255.00 feet of Block 10, Clifton Addition, together with that part of vacated Duluth Street accruing, except the south 174.00 feet and except the north 30.00 feet thereof. That part of east 114 feet of the west 400 feet of Block 17, lying south of the southerly right-of-way line of Trunk Highway 36 and the east 114 feet of the west 400 feet of Block 14, lying north of the south 128 feet; and the east 290 feet of the west 400 feet of the north 98 feet of the south 128 feet of Block 14, all in Clifton Addition, Ramsey County, Minnesota, subject to roads. Expanded Site Located at 1200 Highway 36, East: Ex E 114 Ft and Ex S 128 Ft; The E 290 Ft of W 400 Ft of Blks 14 & 17 Lying S of Hwy 36. (Property I.D. No 09-29-22-41-0027) WHEREAS, the history of this conditional use permit is as follows: 1. On December 4, 2007, the planning commission held a public hearing to review this request. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. 2. The city council reviewed this proposal and considered the planning commission s recommendation on January 14, 2008. The council also considered reports and recommendations of the city staff and those in attendance. January 14, 2008, City Council Meeting 57 NOW, THEREFORE, BE IT RESOLVED that the city council passed the above- described conditional use permit revision 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 costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to compliance with the following conditions (additions are underlined and deletions are crossed out): Previously Required Countryside Volkswagen Conditions 1. All construction shall follow the site plan approved by the city. The director of community development city planning staff may approve minor changes. 2. The construction of the proposed addition to the Saab building must be started within one year of the city council approval or the approval for this addition shall end. The city council may extend this deadline for one year. 3. There shall be no automobile access, except emergency vehicles, to or from Duluth Street. 4. Automobiles shall only be parked on designated paved or engineered porous surfaces. January 14, 2008, City Council Meeting 58 5. The applicant will enter into a formal easement agreement with St. Paul Regional Water Services and the City of Maplewood which satisfies both agencies conditions for access to the public utility easements for water main (SPRWS) and sanitary storm sewer (City of Maplewood). 6. The city council shall review this permit in one year. Conditions Applicable to the Countryside Volkswagen, but Specific to the 1200 Highway 36 Expanded Site (formerly Ember s Restaurant) 7. No building permit shall be issued for the auto dealership expansion onto 1200 Highway 36 until the applicant receives city approval of all required plans. 8. This conditional use permit shall be reviewed by the city council in one year as required by ordinance. The city council may grant extensions of this permit for the commencement of this project. Normally one one-year extension is permitted by ordinance. Since the applicant has no specific design plans prepared at this time, the city council may grant up to three one-year extensions, for a total of four years of permit approval, to allow the applicant time to present plans for city approval. If the city has not issued a building permit, or construction has not substantially started by that time, this permit shall expire. 9. The project plans shall be designed to be sensitive to nearby residential properties in regards to aesthetics, lighting and noise. 10. This permit allows the use of this site for a new or expanded automobile dealership with sales and motor-vehicle service with outdoor motor-vehicle sales. The Maplewood City Council approved this resolution on January 14, 2008. Seconded by Mayor Longrie. Ayes All The motion passed. 2. Annual City Council Appointments. a. City Clerk, Citizens Services Manager, Karen Guilfoile presented the report. Changes to the appointments are underlined and bolded, deletions are stricken: Appointment 2007 Appointments 2008 Appointments City Attorney H. Alan Kantrud Appointment made per RFP Knaack & Kantrud expires on September 11, 2008 Prosecuting Attorney H. Alan Kantrud Appointment made per RFP Knaack & Kantrud expires on September 11, 2008 Human Resources Attorney Chuck Bethel Appointment made per RFP Bethel & Associates expires on September 11, 2008 Acting Mayor* Rebecca Cave Erik Hjelle *Rotation of acting mayors: 2005 Will Rossbach, 2006 Kathleen Juenemann, and 2007 Rebecca Cave January 14, 2008, City Council Meeting 59 Data Compliance Practice Officers: Responsible Authority Karen Guilfoile (same as 2007) City Data Compliance Personnel Officer Terry Rameaux (same as 2007) City Data Compliance Law Enforcement Officer David Thomalla (same as 2007) Official Newspaper Maplewood Review Maplewood Review Pioneer Press (Alternate) Pioneer Press (Alternate) Community Design Review Board Diana Longrie John Nephew (2nd & 4th Tuesday 7:00 p.m.) Tom Ekstrand (Staff Representative) Tom Ekstrand (Staff Representative) Environment & Natural Kathleen Juenemann Kathleen Juenemann Resources Commission DuWayne Konewko (Staff Representative) DuWayne Konewko (Staff Rep) (1st Wednesday of the Month) Historical Preservation Diana Longrie Diana Longrie Commission Pauline Staples (Staff Representative) Pauline Staples (Staff Rep) (3rd Thursday at 7:00 p.m.) Maplewood Community Outreach Committee Karen Guilfoile Diana Longrie Parks & Recreation Rebecca Cave Will Rossbach Commission DuWayne Konewko (CIP & Maintenance)DuWayne Konewko (CIP & Maintenance) (3rd Wednesday at 7:00 p.m.) Pauline Staples (Recreation Programs) Doug Taubman (Recreation Programs) Planning Commission Will Rossbach John Nephew (1st & 3rd Tuesdays at 7:00 p.m.) Ken Roberts (Staff Representative) Ken Roberts (Staff Representative) Police Civil Service Commission Erik Hjelle Kathleen Juenemann (Meets as Needed) Terrie Rameaux Terrie Rameaux 800 MHz Representative Kathleen Juenemann Kathleen Juenemann Will Rossbach (Alternate) Will Rossbach (Alternate) Fire Relief Association Diana Longrie Diana Longrie Relief By-Laws require Mayor Robert Mittet (Staff Representative) Robert Mittet (Staff Representative) to be member of the Board Housing & Redevelopment Rebecca Cave Diana Longrie Authority Tom Ekstrand (Staff Representative) Tom Ekstrand (Staff Representative) (2nd Wednesday at 7:00 p.m.) Joint Ice Arena Board Erik Hjelle Erik Hjelle Rebecca Cave Diana Longrie Municipal Legislative Comm. Diana Longrie Diana Longrie (Monthly, Wed. 11:30 1:00 p.m.) Rebecca Cave (Alternate) Kathleen Juenemann (Alternate) N.E.S.T Will Rossbach Will Rossbach (First Tuesday @ 7:30 p.m.) Diana Longrie Diana Longrie The Partnership Erik Hjelle John Nephew Mike Shortreed (Staff Representative) Mike Shortreed (Staff Representative) Ramsey County League Kathleen Juenemann John Nephew of Local Governments Will Rossbach (Alternate) Will Rossbach (Alternate) Ramsey/Washington Kim Facile Kim Facile Suburban Cable Commission Rebecca Cave (Alternate) John Nephew (Alternate) Rush Line Corridor Will Rossbach Will Rossbach Diana Longrie Diana Longrie Chuck Ahl (Staff Representative) Chuck Ahl (Staff Representative) January 14, 2008, City Council Meeting 60 Suburban Area Chamber Diana Longrie Diana Longrie of Commerce Suburban Rate Authority Diana Longrie Diana Longrie (First month of quarter) St. Paul Water Utility Will Rossbach No Appointment Required Board of Commissioners Auditor Contact Was No Appointment in 2007 John Nephew Diana Longrie (Alternate) Councilmember Hjelle moved to approve the Annual City Council Appointments. Seconded by Councilmember Nephew. Ayes - All The motion passed. 3. Annual Review of the Rules and Procedures for City Council and Council Meetings Manual. (This item will be heard January 17, 2008) 4. Council Member Rossbach s involvement in Sherrie Le legal action against Maplewood. Report by Councilmember Eric Hjelle. (Removed from the Agenda at the request of Councilmember Hjelle.) 5. Consideration of process options available for replacement of a City Manager Councilmember Rossbach No Report. (This item was heard after F1. Public Hearings.) M. COUNCIL PRESENTATIONS 1. Joe Plant/Greg Copeland 2. Fire @ Wipers Recycling 3. Orientation 4. Council/Staff Retreat 5. South Leg Meeting 6. Ramsey County League of Government (These items will be heard January 17, 2008) N. ADMINSTRATIVE PRESENTATIONS 1. Resolution of Issues with Sale of Dispatch Equipment, Bob Mittet, Finance and Administration Manager. (This item to be heard January 17, 2008) O. ADJOURNMENT Mayor Longrie adjourned the meeting at 12:22 a.m. January 17, 2008, City Council Meeting (Continuation from January 14, 2008) 1 MINUTES MAPLEWOOD CITY COUNCIL CONTINUATION OF JANUARY 14, 2008 COUNCIL MEETING 7:00 p.m., Thursday, January 17, 2008 Council Chambers, City Hall Meeting No. 1 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Mayor Hjelle. B. ROLL CALL Diana Longrie, Mayor Absent Erik Hjelle, Councilmember (*Acting Mayor) Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Councilmember Nephew moved to reconsider I14. Design and Production Services Contract Steiner & Associates Graphics. Due to the request to send this out for an RFP and additional information that is now available for this Consent Agenda item that was heard Monday, January 14, 2008. Seconded by Councilmember Rossbach. Ayes All The motion passed. K. UNFINISHED BUSINESS I14. Design and Production Services Contract Steiner & Associates Graphics. a. Bob Mittet, Finance and Administration Manager and Acting City Manager gave a report. b. Karen Guilfoile, City Clerk and Citizens Service Manager gave a report. Councilmember Nephew moved to authorize the retention of Steiner & Associates Graphics and do additional page layout work as directed by staff in an amount that may exceed $5,000 but is not to exceed $13,000 and to come back to the council with further recommendations after staff has analyzed the printing needs of the city. Seconded by Councilmember Rossbach. Ayes - All The motion passed. Agenda Item E3 id18663625 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com January 17, 2008, City Council Meeting (Continuation from January 14, 2008) 2 3. Myth Sign Review 3090 Southlawn Drive a. Senior Planner, Tom Ekstrand presented the report. b. City Attorney, Alan Kantrud answered questions of the council. c. Jeff Kehr, Myth General Manager, 3090 Southlawn Drive, Maplewood addressed and answered questions of the council. No Council action was needed for this item. 5. Reconsider item F3 from December 10, 2007, city council meeting; sign code Amendment, Second Reading Councilmember Will Rossbach No Report a. Councilmember Rossbach reported on the subject. b. City Attorney, Alan Kantrud answered questions of the council. c. Senior Planner, Tom Ekstrand answered questions of the council. Councilmember Rossbach moved to direct staff to prepare a moratorium ordinance that would allow the council an opportunity to complete preparation of the dynamic sign portion of the sign ordinance to its full extent. Seconded by Councilmember Juenemann. Ayes - All The motion passed 6. Reconsider item F1 from December 27, 2007, Special City Council Meeting; Conditional Use Permit Billboard Height increase Councilmember Will Rossbach No Report a. Councilmember Rossbach reported on the subject. b. City Attorney, Alan Kantrud answered questions of the council c. Bill Schriener, 1098 Beaver Creek Parkway, Maplewood. After a lengthy discussion among the city council members, Councilmember Rossbach withdrew his request to reconsider this request. 7. Anonymous Voice Mail from Pierre Regnier Councilmember Eric Hjelle a. Mayor Hjelle gave the report. b. City Attorney, Alan Kantrud answered questions of the council. c. IT Director, Mychal Fowlds answered questions of the council. Councilmember Nephew moved to direct the City Attorney and City Manager to refer this matter to the board of professional responsibility for their consideration and action if it is appropriate in their judgment. Seconded by Councilmember Rossbach. Ayes Mayor Hjelle, Councilmembers Nephew & & Rossbach Nay Councilmember Juenemann The motion passed. January 17, 2008, City Council Meeting (Continuation from January 14, 2008) 3 L. NEW BUSINESS 3. Annual Review of the Rules and Procedures for City Council and Council Meetings Manual. a. City Clerk, Citizen Services Manager, Karen Guilfoile presented the report. b. City Attorney, Alan Kantrud answered questions of the council. Councilmember Rossbach recommended staff make a change to Section 14, item D. Other Matters, in the last paragraph. The first line should say The council chambers and city buildings will be made available for non-partisan political meetings. Along with three policy changes below. 1st policy. Create a schedule for the Maplewood City Newsletter that divides the council into 12 months of the year. 2nd policy. The council acknowledges that only as a group and not as individuals does the council have authority to this end. No city staff person will enact changes to existing city policies, procedures, or practices that fall under the authority of the council or city manager at the suggestion of a councilmember without approval of a majority of the council or city manager depending on whose responsibility that area is. 3rd policy. No city website, publication or property shall use visual or audio displays which tend to highlight individual members over the full council. Councilmember Rossbach said this wording comes from the League of Minnesota Cities. When a statutory or home ruled charter city or other political subdivision issues a report or publication for public distribution to inform the general public of the activities of the political subdivision the report or publication must not include pictures of elected officials or any other pictorial or graphic device that would tend to attribute the publication to an individual or group individuals instead of the political subdivision. The purpose of the city website or publication must be to provide information about the duties and jurisdiction of the city or to facilitate access to public services and information related to city responsibilities or functions. A city website or publication must not include pictures or other materials that tend to attribute the website or publication to an individual or group of individuals instead of the city. Then it lists a couple Minnesota statutes that those paragraphs are descriptions of. Councilmember Juenemann asked for a definition of who the parliamentarian is. Ms. Guilfoile said she would insert the language and bring it back to the council for the next meeting. Mayor Hjelle said he would like to have something in the rules regarding the councilmember s articles must relate to city business. He said tax payer money should not be used for the council s personal thoughts and observations about issues that are not specifically city related. Councilmember Juenemann moved to table the Annual Review of the Rules and Procedures with the recommendation that staff take the suggestions from the council for the Review of the Rules and Procedures and bring it back to the council. Seconded by Councilmember Nephew. Ayes All The motion passed. January 17, 2008, City Council Meeting (Continuation from January 14, 2008) 4 5. Consideration of process options available for replacement of a City Manager Council Member Rossbach no report. Councilmember Nephew moved to recommend bringing back the matter of replacing the City Manager and request a report from City Attorney, Alan Kantrud. Seconded by Councilmember Juenemann. Ayes All The motion passed. a. City Attorney, Alan Kantrud gave the report and answered questions of the council. b. Public Works Director, Chuck Ahl answered questions of the council. Mayor Hjelle asked if anyone in the audience wanted to speak regarding this issue. 1. Elizabeth Sletten, 2747 Clarence Street North, Maplewood, addressed the council. 2. Richard Bennett, 2962 Beebe Parkway, Maplewood, addressed the council. 3. Bob Zick, 2515 White Bear Avenue, Maplewood, addressed the council. 4. Christine Stone, 2727 Hazelwood Avenue, Maplewood, addressed the council. 5. Bill Schreiner, 1098 Beaver Creek Parkway, Maplewood, addressed the council. 6. Dave Schilling, 1955 Greenbrier Street, Maplewood, addressed the council. 7. Ann Fosberg, 2516 Idaho Avenue East, Maplewood, addressed the council. 8. Carl Erb, 2354 Heights Avenue, Maplewood, addressed the council. Mayor Hjelle closed the discussion. Councilmember Nephew moved to recommend the memorandum of understanding submitted for the council s approval from City Attorney, Alan Kantrud. Direct city staff to execute the memorandum understanding allowing Chuck Ahl to serve in the role as Acting City Manager. Seconded by Councilmember Juenemann. Ayes Councilmembers Juenemann, Nephew & Rossbach Nay Mayor Hjelle The motion passed. Councilmember Nephew moved to formerly declare Mr. Charles Ahl appointed Acting City Manager pursuant to statute 412.641 sub div 1C. and make the appropriate findings, namely that Mr. Ahl is a properly qualified person to perform the duties of the Acting City Manager during the absence of a City Manager. Seconded by Councilmember Juenemann. Ayes Councilmembers Juenemann, Nephew & Rossbach Nay Mayor Hjelle Councilmember Nephew asked if City Attorney, Alan Kantrud had any success in finding special counsel regarding Mr. Copeland s employment? January 17, 2008, City Council Meeting (Continuation from January 14, 2008) 5 Mr. Kantrud said yes somewhat. Councilmember Nephew said the reason he asked is since Monday evening s council meeting it has come to his attention that a purported contract with Mr. Copeland exists and while he questions the validity of Mr. Copeland s contract for numerous reasons, he felt the council is needs to immediately direct staff to retain legal counsel. The reason for that is that Mr. Copeland s contract does not reflect what Eric Hjelle s motion was in the early morning hours of November 14, 2006. For one thing the employment contract is dated November 13, 2006, and there is no other date on it. The contract includes an extremely generous benefit to Mr. Copeland for any disparagement of himself, any negative comments on his performance, or any negative comments on the agreement itself promising Mr. Copeland $100,000 if any member of the city council should criticize him, his performance or his agreement. Mayor Hjelle asked Councilmember Nephew where he saw this contract? Councilmember Nephew said he saw the contract on a website where it was obtained by a data practices request. He asked City Clerk Guilfoile if there was any question as to whether that contract in fact had been presented and found within the possession of the city? City Clerk, Karen Guilfoile said she did receive a data practice request for the contract of Mr. Copeland. The city had a prior request and she was told there was no contract but she forwarded on the minutes where the council had made their motion. That was the only record she thought the city had in their possession. During the data practice request she had asked human resources if there was an employment for Mr. Copeland and they indicated yes there was. During that data practice request she found out that a copy of the employment contract was in the possession of the finance department for the purpose of making a payroll adjustment. Finance and Administration Manager, Bob Mittet provided Ms. Guilfoile with a copy of that contract. The contract does exist and she fulfilled the data practice request as it was submitted to her. Mayor Hjelle asked if that contract would be something that should have been given to the city council? Ms. Guilfoile said she didn t feel it was appropriate that she was being put on the hot seat. It was her understanding that if there had been an employment contract that was signed by the Mayor and the City Manager, that the council would have been provided a copy of that by the Mayor or the City Manager. Ms. Guilfoile said she didn t feel that was her duty and she didn t know the council didn t already have this information. Councilmember Nephew said this was a contract that was not approved by the city council and in fact, the only signatures on it are Mayor Longrie s and the City Manager s. A number of people in the audience have asked the council to criticize the performance of Mr. Copeland but he thinks it is entirely prudent not to offer criticisms of Mr. Copeland s performance. Mr. Copeland is not currently removed from his position at City Manager so the termination clause whether or not it was held valid, should not apply as long as he is currently employed. He wanted people in the audience to understand that the council had been set up for a trap with a kind of legal jeopardy. The audience can draw their own conclusions as to why this employment contract may have been produced at the last minute on the eve of Mr. Copeland s anticipated removal. That evening, January 14, 2008, Mayor Longrie sat next to him when Councilmember Nephew had mentioned that he had not been able to locate a contract for Mr. Copeland and the Mayor did not mention existence of the contract or speak to its validity. Having said this by way of giving background to the audience, could Mr. Kantrud report on the success of finding available attorneys with expertise in public employment law? January 17, 2008, City Council Meeting (Continuation from January 14, 2008) 6 Mr. Kantrud commented that he is making progress. He said right now he is aware of one attorney that is available and who has offered their services and the other two attorneys he hasn t been able to reach yet. Councilmember Juenemann asked if it was appropriate for the council to follow through with the recommendation shown in Mr. Kantrud s memorandum? Mr. Kantrud said yes. If the council plans to remove Mr. Copeland from employment at the city, a motion should be stated as such. Commissioner Nephew said he was curious what the City Attorney and the Police Chief had to say regarding presenting a document as a valid employment contract for purposes of a payroll adjustment that had not been approved by the city council which included significant clauses that were different from the prior city manager s agreement which the city council never discussed and did not ratify as a body. An employment contract that did not have the signature of the City Clerk, which he understood the state statute required. He asked if this is a matter of legal concern of a potential criminal nature? Mr. Kantrud said if the council raised and brought it up as an investigation it could lead to a criminal investigation. Beyond that he couldn t tell the council because the city isn t down a path far enough to do that. After talking to staff it is customary for those types of contracts to be acknowledged and signed by the City Clerk. Commissioner Nephew said the council is in a highly intense environment here. He asked what the appropriate path would be. The council heard earlier this evening a situation raised by Mayor Hjelle regarding a former city attorney and whether or not to refer that situation to an outside authority. He asked what the appropriate path would be for another law enforcement agency to be contacted to investigate whether or not anything inappropriate or actionable has occurred here? Mr. Kantrud guessed the referral would be taken and directed to another sister agency. Maplewood Police Chief, Dave Thomalla said it would be most appropriate to refer this to another law enforcement agency such as the sheriffs department. Whether it be the Ramsey County Sheriff s department or a neighboring county. For other types of investigations the City of Maplewood has drawn on the resources of neighboring agencies. Mayor Hjelle said before the council gets too far down the conspiracy trail here, he said he made an inquiry to Mr. Copeland over a year ago regarding the existence of a contract and was told no one had ever asked to look at it. One thing he said that bothers him is that there should be some type of mechanism showing data practice requests online so the council knows what is going on. It s nice to know these types of things before things are published on someone s website. He said he was told over a year ago there was a contract, looking back at it now he should have asked to see a the contract but to be honest with the council he didn t really care. He asked Mychal Fowlds to speak regarding some type of electronic process to see what data practice information is being requested? IT Director, Mychal Fowlds said, originally the city looked at publishing the results of the data practice results online but the council decided against that for many reasons. As far as a list of how many data requests are being made, he wasn t sure if the city could or couldn t do that. He said posting it on the website isn t a problem, but it takes time. January 17, 2008, City Council Meeting (Continuation from January 14, 2008) 7 Mayor Hjelle said it takes time and it takes up space. Over the past 2 years he is sure there has been a lot of data practice requests. Councilmember Nephew said as an observation he was very surprised when he read Mr. Copeland s contract because he distinctly recalled a council meeting in the last few years where Councilmember Hjelle was strongly against anti-disparagement clauses on principal and Councilmember Hjelle may have even suggested an ordinance to prohibit those clauses. Given that two members of the council had opposed Mr. Copeland s appointment and that an anti- disparagement clause was not in Councilmember Hjelle s motion and given that he had expressed a philosophical objection to it, Councilmember Nephew found it surprising. Especially because of the fact that he had not see a public meeting to discuss this. Councilmember Nephew made a motion to direct staff to refer this matter of Mr. Copeland s contract to an outside agency. Seconded by Councilmember Rossbach. Ayes All Councilmember Juenemann asked for assistance from the City Attorney to guide the council to take number 1 in his memorandum to do things appropriately based on the discussion the council has had. City Attorney, Kantrud said he would suggest that the council formally announce that pursuant to Minnesota State Statute 412.641 sub. Div. 1A that the council formally and publicly put Mr. Greg Copeland, City Manager on formal notice that it is the council s intent as a body politic to remove him from the position as City Manager pursuant to the council s authority to do so. Councilmember Juenemann moved that pursuant to Minnesota State Statute 412.641 sub. div. 1A, the council formally puts Mr. Greg Copeland, City Manager on notice and it is the intent of the council to remove and replace him. Seconded by Councilmember Rossbach. Ayes - Councilmembers Juenemann, Nephew, & Rossbach Nay Mayor Hjelle The motion passed. Councilmember Nephew offered his appreciation to Mr. Mittet for stepping into the hot seat as Acting City Manager for the three days. The council agreed with those comments. M. COUNCIL PRESENTATIONS a. Joe Plant/Greg Copeland Mayor Hjelle said Joe Plant was a Maplewood resident and a newly hired member of the St. Paul Police Department. Joe passed away at the age of 24 from an apparent heart attack and he was buried today in Maplewood. He will be missed by many members of the fire and police personnel in Maplewood and St. Paul. The issue of Mr. Copeland is a moot point and does not need to be addressed. January 17, 2008, City Council Meeting (Continuation from January 14, 2008) 8 b. Fire @ Wipers Recycling Commissioner Nephew said there was a fire at Wipers Recycling, a business that recently moved to Maplewood into the old Northern Hydraulics building. He asked the Fire Chief to address the situation. Maplewood Fire Chief, Steve Lukin said Wipers Recycling is a recycling business which mainly grinds old products received from the Salvation Army or Goodwill such as old shoes. A huge grinder is used to grind the products to be used to make into long socks to pick oils up as a recycling product. The second business is to pair shoes up and ship them over seas and also sell the shoes on eBay. The fire at Wipers Recycling broke out inside the grinder unit itself. About 1,000 of these grinders are used throughout the United States but this is the first time the grinder ground up products so fine. They were doing some testing with the ground product which they stopped around 6 p.m. Apparently the fire smoldered all night and finally ignited itself early in the morning around 6 a.m. The employees tried to put the fire out but the smoke was too much and they called the Maplewood Fire Department around 6:50 a.m. The only damage done was to the grinder but there was heavy smoke damage. The building is under investigation by the insurance company as to why the fire was started within the grinder. The fire department s investigation is done. At this point the business is not supposed to be operating. There are other issues at hand here that need to be complied with. The owner is working with city personnel and the insurance company. Mr. Ahl said there are issues with zoning and other things with the business. There is some work that needs to be done at this building. The owner, Ms. Gearin, has some issues to work through. Staff will bring a report back to the council when there is more information. c. Orientation Councilmember Nephew said as a new council member he had two days of orientation at the city. He wanted to thank city staff who set aside their time to help him learn the ropes of what city personnel does. There is a tremendous team of people at the Maplewood city hall. Besides the staff he had an opportunity to meet with the City Attorney and the Labor Relations Attorney. It s very exciting to be on the city council. He wanted to thank everyone especially Karen Guilfoile for helping to coordinate things. d. Council/Staff Retreat Councilmember Nephew said the topic of having a council retreat came up and before people s calendars get too full the staff would like the council to schedule a retreat in February. The Council could list the dates that are good for them which would assist staff in the scheduling process. Karen Guilfoile said she is typically the person who coordinates the Council/Staff Retreat and said it would be nice if staff could get some direction of where the council would like to have the retreat. Mr. Ahl asked if the council would like a facilitator? The city has some facilitators they have worked with in the past and it would be staff s suggestion to have a facilitator rather than having staff try to facilitate the meeting. Councilmember Rossbach said he votes for the Humanity Center and thinks the council should have a facilitator. He said all senior staff should be there for the retreat. January 17, 2008, City Council Meeting (Continuation from January 14, 2008) 9 e. South Leg Meeting Councilmember Rossbach said there will be a South Leg meeting Wednesday, January 23, 2008, at 7:00 p.m. at the Maplewood Fire Station, Number 4 located on Londin Lane to discuss residents concerns regarding various smoke problems that continue to occur in people s neighborhoods. f. Ramsey County League of Governments Councilmember Rossbach said the Ramsey County League of Governments is having their first meeting of the year which is open to the public. The meeting will be held January 31, 2008, at 7:00 p.m. at the North Oaks Country Club. The North Oaks Country Club has sponsored a portion of this meeting. N. ADMINISTRATIVE PRESENTATIONS 1. Resolution of Issues with Sale of Dispatch Equipment, Bob Mittet, Finance and Administration Manager. Mr. Mittet said at the December 27, 2007, Special City Council Meeting, questions were raised over the handling of the transactions associated with the sale of the dispatch equipment to Ramsey County for $156,000 and the monthly billings from Ramsey County for dispatch services performed from June 1, 2007, through December 31, 2007. Mr. Mittet spoke with representatives from Ramsey County involved in dispatch, property and finance and have agreed on the end of year steps. Once the city receives payment from Ramsey County for $156,000, title in the equipment will transfer as per the Joint Powers Agreement. No action was needed from the council for this matter. O. ADJOURNMENT Mayor Hjelle adjourned the meeting at 10:10 p.m. AGENDA NO.I-1 TO:City Council FROM:Finance and Administration Manager RE:APPROVAL OF CLAIMS DATE: 389,186.92$ Checks # 74511 thru # 74549 dated 01/08/08 272,457.23$ Disbursements via debits to checking account dated 12/27/07 thru 01/03/08 252,169.99$ Checks # 74550 thru # 74617 140,235.82$ Disbursements via debits to checking account dated 01/03/08 thru 01/09/08 1,054,049.96$ Total Accounts Payable 459,600.36$ Payroll Checks and Direct Deposits dated 01/11/08 2,594.27$ Payroll Deduction check # 1004256 thru # 1004258 dated 01/11/08 462,194.63$ Total Payroll 1,516,244.59$ GRAND TOTAL kf attachments Attached is a detailed listing of these claims. Please call me at 651-249-2903 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. PAYROLL AGENDA REPORT January 28, 2008 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: P:\APPROVAL OF CLAIMS\2008\AprClms 1-4 AND 1-11 id18669812 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com Check Description Amount 74511 00111 PATROL & BOARDING FEE 12/10 - 12/23 1,055.68 74512 03576 RECYCLING - DECEMBER 14,164.51 74513 00908 TEAM REGISTRATION FEE - VOLLEYBALL 1,156.00 74514 01149 REMOVAL OF BUCKTHORN @ JOY PARK 1,505.64 01149 REMOVAL OF BOXELDER @ PRIORY 351.45 74515 01337 911 DISPATCH SERVICE FEE - JUNE 18,147.92 01337 911 DISPATCH SERVICE FEE - JULY 18,147.92 01337 911 DISPATCH SERVICE FEE - AUGUST 18,147.92 01337 911 DISPATCH SERVICE FEE - SEPT 18,147.92 01337 911 DISPATCH SERVICE FEE - OCT 18,147.92 01337 911 DISPATCH SERVICE FEE - NOV 18,147.92 01337 911 DISPATCH SERVICE FEE - DEC 18,147.92 74516 01546 LEAGUE CHAMPION AWARDS 343.00 74517 01798 UNLEADED MID-GRADE 89 OCT 17,500.00 74518 03918 TEMPORARY EMPLOYEE WEEK 12/21 1,467.52 74519 04018 SURVEY 1706 BARCLAY ST 2,000.00 74520 03738 RETAINER FOR LEGAL SERVICES - JAN 6,600.00 74521 03513 K-9 MAINTENANCE - JANUARY 35.00 74522 03628 EXPLORER OUTING TO GREEN ACRES 126.00 74523 02929 MONTHLY PREMIUM - JANUARY 531.50 74524 00309 TESTING & INSPECTION VARIOUS PIP'S 578.64 74525 02071 REIMB FOR CERTIFICATION RENEWAL 20.00 74526 03516 K-9 MAINTENANCE - JANUARY 35.00 74527 00561 REPLACE BELTS ON PUMPS 530.54 74528 02433 REIMB FOR PROG SUPPLIES 12/1 - 12/31 55.60 74529 03538 VOLLEYBALL REFEREE - ADD'L FALL 92.00 74530 00789 POLAR PLUS DIESEL ULTRA LOW 19,768.30 74531 03729 PROSECUTION & LEGAL SRVS - JAN 16,500.00 74532 00932 MDSE FOR RESALE 350.65 74533 03818 MONTHLY PREMIUM - JANUARY 152,744.87 74534 01085 MONTHLY PREMIUM - JANUARY 3,474.10 74535 01126 PERA LIFE INS - JANUARY 396.00 74536 03622 WIDE AREA NETWORK - NOVEMBER 392.00 74537 02608 SITE MANAGEMENT- GLADSTONE N 1,500.00 74538 01254 MDSE FOR RESALE 524.10 74539 04019 CHARITABEL GAMBLING-FLOWER FUND 800.00 74540 01284 RECREATION BROCHURE MAILING 4,000.00 74541 00396 REGISTRATION FEE 180.00 00396 REGISTRATION FEE 120.00 74542 04015 POLICE OFFICER FOR 12/29 RECEPTION 262.50 74543 01488 REIMB FOR MILEAGE 8/11 - 12/31 195.89 74544 00198 WATER UTILITY 393.97 74545 04016 CITY NEWS - DECEMBER 1,000.00 74546 04017 REIMB FOR EMT NAT REGISTRY TEST 70.00 74547 00529 LTD PLAN 4043120-2 JANUARY 3,311.72 74548 02464 FUNDS FOR ATM 8,000.00 74549 03985 REIMB FOR MILEAGE 11/14 - 12/27 19.3001/08/2008 KAREN WACHAL 389,186.92 39 Checks in this report. 01/08/2008 UNION SECURITY INSURANCE CO 01/08/2008 US BANK 01/08/2008 STEINER & ASSOC. GRAPHICS 01/08/2008 JOSEPH TRICOLA 01/08/2008 CHRISTINE SOUTTER 01/08/2008 ST PAUL REGIONAL WATER SRVS 01/08/2008 DEPT OF PUBLIC SAFETY 01/08/2008 MATTHEW RHUDE 01/08/2008 POSTMASTER 01/08/2008 DEPT OF PUBLIC SAFETY 01/08/2008 PEPSI-COLA COMPANY 01/08/2008 DICK PETERSON 01/08/2008 MN OFFICE OF ENTERPRISE TECH 01/08/2008 NORTH AMERICAN PRAIRIES 01/08/2008 MN LIFE INSURANCE 01/08/2008 MN NCPERS LIFE INSURANCE 01/08/2008 MAPLEWOOD BAKERY 01/08/2008 MEDICA 01/08/2008 KATH FUEL OIL SERVICE CO 01/08/2008 KNAAK & KANTRUD PA 01/08/2008 JEAN GLASS 01/08/2008 PATRICK JAMES HUBBARD 01/08/2008 ANTHONY GABRIEL 01/08/2008 GENERAL REPAIR SERVICE 01/08/2008 COMMISSIONER OF TRANSPORTATION 01/08/2008 DAVID FISHER 01/08/2008 JOHN CAPISTRANT 01/08/2008 CNAGLAC 01/08/2008 BETHEL & ASSOCIATES, PA 01/08/2008 BRIAN BIERDEMAN 01/08/2008 ACCOUNTEMPS 01/08/2008 BDM CONSULTING ENGINEERS, PLC 01/08/2008 SUBURBAN SPORTSWEAR 01/08/2008 YOCUM OIL CO. 01/08/2008 RAMSEY COUNTY-PROP REC & REV 01/08/2008 RAMSEY COUNTY-PROP REC & REV 01/08/2008 RAMSEY COUNTY-PROP REC & REV 01/08/2008 RAMSEY COUNTY-PROP REC & REV 01/08/2008 RAMSEY COUNTY-PROP REC & REV 01/08/2008 RAMSEY COUNTY-PROP REC & REV 01/08/2008 NATURAL RESOURCES RESTOR INC 01/08/2008 RAMSEY COUNTY-PROP REC & REV 01/08/2008 M R P A 01/08/2008 NATURAL RESOURCES RESTOR INC 01/08/2008 ANIMAL CONTROL SERVICES INC 01/08/2008 EUREKA RECYCLING Check Register City of Maplewood 01/04/2008 Date Vendor Transmitted Settlement Date Date Payee Description Amount 12/27/2007 12/28/2007 Fri MN State Treasurer Drivers License/Deputy Registrar 11,530.93 12/27/2007 12/28/2007 ICMA (Vantagepointe)Deferred Compensation 3,923.23 12/27/2007 12/28/2007 Orchard Trust Deferred Compensation 25,520.46 12/28/2007 12/31/2007 Mon MN State Treasurer Drivers License/Deputy Registrar 17,977.93 12/28/2007 12/31/2007 U.S. Treasurer Federal Payroll Tax 90,007.07 12/28/2007 12/31/2007 PERA PERA 67,922.16 12/28/2007 12/31/2007 MN Dept of Natural Resources DNR electronic licenses 2,006.00 12/31/2007 1/2/2008 Wed MN State Treasurer Drivers License/Deputy Registrar 18,146.77 12/31/2007 1/2/2008 MidAmerica - ING HRA Flex plan 1,832.46 12/31/2007 1/2/2008 Labor Unions Union Dues 3,862.81 12/31/2007 1/2/2008 WI Dept of Revenue State Payroll Tax 1,084.86 12/31/2007 1/2/2008 US Bank VISA One Card*Credit Card Billing Fee 1,880.02 1/2/2008 1/3/2008 Thu MN State Treasurer Drivers License/Deputy Registrar 9,033.00 1/2/2008 1/3/2008 MN State Treasurer State Payroll Tax 17,729.53 Total 272,457.23 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Check Description Amount 74550 00529 STD PLAN 4043120-1 JANUARY 1,647.11 74551 00001 REIMB C GOODRICH - DIRECT DEPOSIT 58.18 74552 00111 PATROL & BOARDING FEE 12/24 - 786.46 74553 00283 MEMBERSHIP FEE/AHA TRAINING SITE 150.00 74554 00519 LIFT CABLE 18.64 74555 02728 PROJ 07-15 PROF SRVS THRU 11/30 26,113.10 02728 PROJ 06-17 PROF SRVS THRU 11/30 23,083.79 02728 PROJ 06-16 PROF SRVS THRU 11/30 21,775.00 02728 PROJ 04-21 PROF SRVS THRU 11/30 9,002.05 02728 PROJ 02-21 PROF SRVS THRU 11/30 4,248.11 74556 01018 AUTO PAWN SYSTEM FEE - NOV 455.00 74557 01337 RANGE USE FEE - DEC 600.00 74558 01504 4TH QTR WATER USAGE - FALL 152.72 74559 01546 STAFF SHIRTS 224.00 74560 01190 ELECTRIC & GAS UTILITY 15,262.46 01190 ELECTRIC & GAS UTILITY 499.43 01190 EQUIP LOAN 494.06 01190 FIRE SIRENS 46.38 74561 02347 MEMBERSHIP FEE 100.00 74562 04022 STORAGE LOCKERS FOR POLICE DEPT 14,492.79 74563 03918 TEMPORARY EMPLOYEE WEEK END 1,100.64 74564 01809 WINTER SAND 3,748.67 74565 00116 CAR WASHES OCT & NOV/WASHCARDS 348.89 74566 02560 MEMBERSHIP FEE 400.00 74567 01936 REIMB FOR MILEAGE & INT 11/7 - 12/7 115.17 74568 03513 REIMB FOR PDA CELL PHONE 11/21 250.00 74569 00211 PROJ 07-14 PROF SRVS THRU 12/28 162.00 00211 PROJ 07-01 PROF SRVS THRU 12/28 108.00 00211 PROJ 07-15 PROF SRVS THRU 12/28 81.00 74570 00240 APPLICANT BACKGROUND CHECKS 50.00 74571 03874 SUPPLY CABINETS 1,935.20 74572 00371 EMERGENCY RESPONSE DRIVING 900.00 74573 03313 SERVICE FEE 1,500.00 74574 02791 APPRAISAL OF VACANT LOTS 500.00 74575 03658 REIMB FOR MILEAGE 12/7 - 12/28 63.15 74576 00358 TOW FORFEITURE VEHICLE 175.73 00358 TOW FORFEITURE VEHICLE 122.48 00358 TOW FORFEITURE VEHICLE 90.53 00358 TOW VEHICLE 90.53 00358 TOW VEHICLE 90.53 00358 TOW FORFEITURE VEHICLE 90.53 00358 TOW FORFEITURE VEHICLE 90.53 00358 TOW FORFEITURE VEHICLE 90.53 00358 TOW FORFEITURE VEHICLE 90.53 00358 TOW VEHICLE 53.25 00358 TOW VEHICLE 53.25 74577 02743 REIMB FOR TUITION & BOOKS 9/14 -12/14 784.05 74578 00485 ASSOCIATION DUES 225.00 74579 00500 SHIPMENT OF RADIO FOR REPAIR 20.27 74580 00509 MEMBERSHIP FEE 35.00 74581 03516 REIMB FOR TUITION & BOOKS 10/29 -591.97 Check Register City of Maplewood 01/11/2008 Date Vendor 01/08/2008 UNION SECURITY INSURANCE CO 01/09/2008 ONE TIME VENDOR 01/15/2008 ANIMAL CONTROL SERVICES INC 01/15/2008 CENTURY COLLEGE 01/15/2008 FLEXIBLE PIPE TOOL CO. 01/15/2008 KIMLEY-HORN & ASSOCIATES INC 01/15/2008 KIMLEY-HORN & ASSOCIATES INC 01/15/2008 KIMLEY-HORN & ASSOCIATES INC 01/15/2008 KIMLEY-HORN & ASSOCIATES INC 01/15/2008 KIMLEY-HORN & ASSOCIATES INC 01/15/2008 MINNEAPOLIS FINANCE DEPT 01/15/2008 RAMSEY COUNTY-PROP REC & REV 01/15/2008 CITY OF ST PAUL 01/15/2008 SUBURBAN SPORTSWEAR 01/15/2008 XCEL ENERGY 01/15/2008 XCEL ENERGY 01/15/2008 XCEL ENERGY 01/15/2008 XCEL ENERGY 01/15/2008 10,000 LAKES CHAPTER 01/15/2008 A & K EQUIPMENT COMPANY, INC. 01/15/2008 ACCOUNTEMPS 01/15/2008 AGGREGATE INDUSTRIES NCR INC 01/15/2008 APPEARANCE PLUS CAR WASH 01/15/2008 ASSN OF MN BUILDING OFFICIALS 01/15/2008 CHAD BERGO 01/15/2008 BRIAN BIERDEMAN 01/15/2008 BRAUN INTERTEC CORP. 01/15/2008 BRAUN INTERTEC CORP. 01/15/2008 BRAUN INTERTEC CORP. 01/15/2008 C.S.C. CREDIT SERVICES 01/15/2008 COMMERCIAL FURNITURE SERVICES 01/15/2008 DAKOTA CTY TECHNICAL COLLEGE 01/15/2008 DAMARCO SOLUTIONS LLC 01/15/2008 DAVIS & LAGERMAN INC 01/15/2008 CHARLES DEAVER 01/15/2008 DGM INC. 01/15/2008 DGM INC. 01/15/2008 DGM INC. 01/15/2008 DGM INC. 01/15/2008 DGM INC. 01/15/2008 DGM INC. 01/15/2008 DGM INC. 01/15/2008 DGM INC. 01/15/2008 DGM INC. 01/15/2008 DGM INC. 01/15/2008 DGM INC. 01/15/2008 RICHARD DOBLAR 01/15/2008 FBINAA NORTHWEST CHAPTER 01/15/2008 FEDEX 01/15/2008 FIRE MARSHAL ASSN OF MN 01/15/2008 ANTHONY GABRIEL 74582 00612 REPAIR SPINNING BIKES AT MCC 1,193.59 74583 00668 REIMB FOR RUNNING SHOES 1/3 69.99 74584 03597 REIMB FOR MILEAGE 11/16 - 12/7 12.85 03597 REIMB FOR MILEAGE 12/12 - 1/3 11.98 74585 03942 PAINTING OF CITY HALL & POLICE DEPT 17,733.00 74586 00789 OIL MASTER 10W30 BULK 1,461.19 74587 00827 CLAIM DEDUCTIBLE #11059539 13,724.07 74588 00393 MONTHLY SURTAX - DEC 3239102628 1,302.00 74589 00857 SUBSCRIPTION FOR CITIES BULLETIN 100.00 74590 04023 MEMBERSHIP FEE 75.00 74591 02336 FITNESS CONSULTANT FEE - 4TH QTR 1,500.00 74592 00932 MDSE FOR RESALE 446.83 74593 01951 REFUND ACCT 073007 AUTO INS PD 299.26 74594 02617 REIMB FOR UNIFORMS 12/1 - 12/24 183.27 74595 04024 REFUND ACCT 073007 AUTO INS PD 74.82 74596 00901 MEMBERSHIP FEES 180.00 74597 01088 PROJ 04-21 INVESTIGATION OF 900.00 74598 02175 REIMB FOR MILEAGE 12/1 - 12/31 6.79 74599 00001 REIMB G NORMAN-IRRIGATION SYS 455.44 74600 00001 REFUND E NOVAK - MEMBERSHIP 325.89 74601 00001 REFUND W STENERSON - CLASS 150.00 74602 00001 REFUND J GREBINOWSKI - HEALTH 60.00 74603 00001 REFUND S SANDSTROM - OVERPMT 12.81 74604 03201 REIMB FOR BLDG MAINT 7/21 - 10/30 204.36 74605 03840 VIDEO TECH SERVICES - DEC 728.04 74606 01359 CAR WASH FEES - DEC 159.60 74607 03446 DEER REMOVAL - DEC 100.00 74608 01387 FITNESS PROGRAM ADMIN FEE - DEC 100.00 74609 01409 PROJ 07-14 PROF SRVS - NOV 26,971.89 01409 PROJ 07-01 PROF SRVS - NOV 20,746.57 01409 PROJ 07-24 PROF SRVS - NOV 5,358.76 01409 PROJ 06-05 PROF SRVS - NOV 4,668.99 01409 PROJ 04-21 PROF SRVS - NOV 4,570.29 01409 PROJ 06-02 PROF SRVS - NOV 2,632.66 01409 PROJ 02-07 PROF SRVS - NOV 1,331.44 01409 PROJ 03-20 PROF SRVS - NOV 1,130.98 01409 PROJ 04-05 PROF SRVS - NOV 245.00 01409 PROJ 07-08 PROF SRVS - NOV 162.38 01409 PROJ 02-07 PROF SRVS - NOV 102.72 74610 02930 REIMB FOR MILEAGE & REFRESHMENTS 56.96 74611 00198 WATER UTILITY 745.51 74612 04004 INSTALL DEADLOCK 193.79 74613 01550 ELECTRICAL INSPECTIONS - DEC 4,921.08 74614 03088 REIMB FOR TUITION & BOOKS 10/7 - 12/7 478.80 74615 02359 REUPHOLSTERY OF CHAIRS 2,006.69 02359 REUPHOLSTERY OF CHAIRS 721.22 74616 01750 MDSE FOR RESALE 289.27 74617 03809 INSTRUCTOR FEES 12/08 97.50 01/15/2008 STEVEN HIEBERT 01/15/2008 GYM WORKS INC 01/15/2008 MARY JO HOFMEISTER 01/15/2008 MARY JO HOFMEISTER 01/15/2008 INTERIOR CONSTRUCTION SERVICES 01/15/2008 KATH FUEL OIL SERVICE CO 01/15/2008 L M C I T 01/15/2008 DEPT OF LABOR & INDUSTRY 01/15/2008 LEAGUE OF MINNESOTA CITIES 01/15/2008 M A P M O 01/15/2008 M A TAYLOR INC 01/15/2008 MAPLEWOOD BAKERY 01/15/2008 MEDICARE REFUND 01/15/2008 ALESIA METRY 01/15/2008 MN DEPT OF HUMAN SERVICES 01/15/2008 MN GFOA 01/15/2008 MN POLLUTION CONTROL AGENCY 01/15/2008 AMY NIVEN 01/15/2008 ONE TIME VENDOR 01/15/2008 ONE TIME VENDOR 01/15/2008 ONE TIME VENDOR 01/15/2008 ONE TIME VENDOR 01/15/2008 ONE TIME VENDOR 01/15/2008 JOHN OPHEIM 01/15/2008 REAL LIFE VIDEO 01/15/2008 REGAL AUTO WASH DETAIL XX 01/15/2008 RICK JOHNSON DEER & BEAVER INC 01/15/2008 DR. JAMES ROSSINI 01/15/2008 S.E.H. 01/15/2008 S.E.H. 01/15/2008 S.E.H. 01/15/2008 S.E.H. 01/15/2008 S.E.H. 01/15/2008 S.E.H. 01/15/2008 S.E.H. 01/15/2008 S.E.H. 01/15/2008 S.E.H. 01/15/2008 S.E.H. 01/15/2008 S.E.H. 01/15/2008 DEB SCHMIDT 01/15/2008 ST PAUL REGIONAL WATER SRVS 01/15/2008 STANLEY SECURITY SOLUTIONS INC 01/15/2008 SUMMIT INSPECTIONS 01/15/2008 JOSEPH TRAN 01/15/2008 WALLY'S UPHOLSTERY 01/15/2008 WALLY'S UPHOLSTERY 252,169.99 68 Checks in this report. 01/15/2008 THE WATSON CO INC 01/15/2008 CASIE WYFFELS Transmitted Settlement Date Date Payee Description Amount 1/3/2008 1/4/2008 Fri MN State Treasurer Drivers License/Deputy Registrar 15,110.63 1/3/2008 1/4/2008 ARC Administration DCRP & Flex plan payments 2,832.73 1/4/2008 1/7/2008 Mon MN State Treasurer Drivers License/Deputy Registrar 12,727.73 1/4/2008 1/7/2008 MN Dept of Natural Resources DNR electronic licenses 4,082.50 1/7/2008 1/8/2008 Tue MN State Treasurer Drivers License/Deputy Registrar 23,396.13 1/8/2008 1/9/2008 Wed MN State Treasurer Drivers License/Deputy Registrar 16,440.50 1/8/2008 1/9/2008 US Bank VISA One Card*Purchasing Card Items 53,488.40 1/8/2008 1/9/2008 MN Dept of Revenue Fuel Tax 645.20 1/9/2008 1/10/2008 Thu MN State Treasurer Drivers License/Deputy Registrar 11,512.00 Total 140,235.82 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Trans Date Posting Date Merchant Name Trans Amount Name 12/26/2007 12/28/2007 MICHAELS #2744 $29.90 MANDY ANZALDI 12/28/2007 12/31/2007 TARGET 00011858 $37.26 MANDY ANZALDI 12/29/2007 12/31/2007 WAL-MART ($50.53)MANDY ANZALDI 12/29/2007 12/31/2007 JOANN ETC #1902 $101.60 MANDY ANZALDI 01/01/2008 01/03/2008 JOANN ETC #1970 $36.79 MANDY ANZALDI 01/02/2008 01/04/2008 WAL-MART #2087 $102.80 MANDY ANZALDI 12/27/2007 12/28/2007 DALCO ENTERPRISES, INC $154.43 JIM BEHAN 01/02/2008 01/04/2008 AQUA LOGIC INC $328.02 JIM BEHAN 12/26/2007 12/28/2007 BLUE RIBBON BAIT & TACKLE $5.79 OAKLEY BIESANZ 12/26/2007 12/27/2007 PRICE CHOPPER INC $1,040.40 NEIL BRENEMAN 12/26/2007 12/27/2007 PRICE CHOPPER INC $238.15 NEIL BRENEMAN 12/28/2007 12/31/2007 PRICE CHOPPER INC $171.69 NEIL BRENEMAN 01/02/2008 01/03/2008 DISPLAYS 2 GO $166.98 NEIL BRENEMAN 12/21/2007 12/24/2007 VIKING ELEC-CREDIT DEPT.$240.04 SCOTT CHRISTENSON 12/26/2007 12/28/2007 VIKING ELEC-CREDIT DEPT.$118.82 SCOTT CHRISTENSON 12/31/2007 01/02/2008 NAPA AUTO PARTS 3279016 $14.89 SCOTT CHRISTENSON 12/21/2007 12/24/2007 THE HOME DEPOT 2801 $10.75 CHARLES DEAVER 12/22/2007 12/24/2007 FRATTALLONE'S ACE HDWE $27.86 CHARLES DEAVER 12/22/2007 12/24/2007 KNOWLANS #2 $14.42 CHARLES DEAVER 12/26/2007 12/28/2007 RYCO SUPPLY COMPANY $46.75 CHARLES DEAVER 12/29/2007 12/31/2007 FRATTALLONE'S ACE HDWE ($2.65)CHARLES DEAVER 12/27/2007 12/28/2007 LESCO SC 0530 $1,192.80 DAVE EDSON 12/20/2007 12/24/2007 THE HOME DEPOT 2801 $307.94 LARRY FARR 12/26/2007 12/27/2007 TWIN CITY HARDWARE HADLEY $10.65 LARRY FARR 12/26/2007 12/27/2007 GRAZZINI BROTHERS AND COM $1,980.00 LARRY FARR 12/27/2007 12/31/2007 THE HOME DEPOT 2801 $125.52 LARRY FARR 12/28/2007 12/31/2007 SPRINT RETAIL #2430 ($21.39)LARRY FARR 12/28/2007 12/31/2007 FLUID INTERIORS $466.11 LARRY FARR 12/28/2007 12/31/2007 SPRINT RETAIL #2430 $21.39 LARRY FARR 12/28/2007 12/31/2007 INTEREUM INC $347.36 LARRY FARR 12/31/2007 01/02/2008 WMS*WASTE MGMT WMEZPAY $370.50 LARRY FARR 12/31/2007 01/02/2008 WMS*WASTE MGMT WMEZPAY $500.00 LARRY FARR 12/31/2007 01/02/2008 WMS*WASTE MGMT WMEZPAY $1,020.48 LARRY FARR 01/02/2008 01/03/2008 CERTIFIED LABORATORIES $1,567.74 LARRY FARR 01/02/2008 01/03/2008 CERTIFIED LABORATORIES $117.10 LARRY FARR 01/02/2008 01/04/2008 PREMIUM WATERS INC $163.17 LARRY FARR 01/02/2008 01/04/2008 ADAMS PEST CONTROL $607.05 LARRY FARR 01/02/2008 01/04/2008 ADAMS PEST CONTROL $193.04 LARRY FARR 01/02/2008 01/04/2008 ADAMS PEST CONTROL $321.74 LARRY FARR 01/03/2008 01/04/2008 TARGET 00021352 $68.68 LARRY FARR 12/31/2007 01/02/2008 RED WING SHOE STORE $114.75 DAVID FISHER 12/31/2007 01/02/2008 RED WING SHOE STORE $187.00 DAVID FISHER 12/31/2007 01/02/2008 OFFICE DEPOT #1090 $32.70 KAREN FORMANEK 12/21/2007 12/24/2007 CUSTOMER SUPT CENTER $895.67 MYCHAL FOWLDS 12/21/2007 12/24/2007 CITY OF ROSEVILLE CITY HA $865.00 MYCHAL FOWLDS 12/22/2007 12/24/2007 DMI* DELL K-12/GOVT $3,534.72 MYCHAL FOWLDS 12/26/2007 12/27/2007 C2C SYSTEM INC $1,839.00 MYCHAL FOWLDS 12/27/2007 12/27/2007 GOVDOCS.COM, INC.$410.00 MYCHAL FOWLDS 01/03/2008 01/04/2008 QWESTCOMM*TN651 $66.45 MYCHAL FOWLDS 01/04/2008 01/04/2008 COMCAST CABLE COMM $54.00 MYCHAL FOWLDS 12/20/2007 12/24/2007 OFFICE DEPOT #1090 $12.45 PATRICIA FRY 01/02/2008 01/03/2008 PAKOR INC $657.28 PATRICIA FRY 12/21/2007 12/24/2007 LEE NURSERY INC $203.20 JANET M GREW HAYMAN 12/26/2007 12/27/2007 TECHNAGRAPHICS $3,000.23 KAREN E GUILFOILE 12/26/2007 12/28/2007 POSGUYS.COM $888.00 KAREN E GUILFOILE 12/27/2007 12/31/2007 OFFICE MAX $192.89 KAREN E GUILFOILE 12/28/2007 12/31/2007 OFFICE DEPOT #1090 $963.02 KAREN E GUILFOILE 12/31/2007 01/02/2008 OFFICE DEPOT #1090 $7.66 KAREN E GUILFOILE 12/21/2007 12/24/2007 THE HOME DEPOT 2801 $14.78 MARK HAAG 12/21/2007 12/24/2007 CUSTOMER SUPT CENTER $373.43 LORI HANSON 12/21/2007 12/24/2007 CUSTOMER SUPT CENTER $351.45 LORI HANSON 12/21/2007 12/24/2007 TARGET 00011858 $14.89 PATRICK HEFFERNAN 12/24/2007 12/26/2007 MENARDS 3059 $18.23 PATRICK HEFFERNAN 12/28/2007 01/02/2008 U OF M-EBANK BOOKSTORES $9.00 PATRICK HEFFERNAN 12/22/2007 12/24/2007 THE HOME DEPOT 2801 $34.79 RICK HERLUND 12/28/2007 12/31/2007 AMERICAN RED CROS01 OF 01 $114.97 RON HORWATH 01/02/2008 01/03/2008 PSW*FRONTIER PRO SHOP $156.55 RON HORWATH 01/01/2008 01/03/2008 DE LAGE LANDEN OP01 OF 01 $206.61 ANN E HUTCHINSON 12/28/2007 12/31/2007 THE HOME DEPOT 2801 $106.33 DON JONES 12/24/2007 12/26/2007 BATTERIES PLUS $34.04 TOM KALKA 12/31/2007 01/02/2008 BEST BUY MHT 00000109 $53.24 TOM KALKA 12/31/2007 01/02/2008 VZWRLSS*APOCC VISN $117.42 DUWAYNE KONEWKO 12/20/2007 12/24/2007 HOLIDAY STATIONSTORE $3.99 JASON KREGER 12/21/2007 12/24/2007 OFFICE DEPOT #1090 $18.66 LISA KROLL 12/26/2007 12/28/2007 EXPRESS FLAGS $1,008.00 LISA KROLL 12/27/2007 12/31/2007 ADVANCED GRAPHIC SYSTEMS $506.96 LISA KROLL 12/28/2007 12/31/2007 OFFICE DEPOT #1090 $5.74 LISA KROLL 12/20/2007 12/24/2007 AMOCO OIL 06506513 $29.50 DAVID KVAM 12/20/2007 12/24/2007 CRACKER BARREL #244 $7.57 DAVID KVAM 12/20/2007 12/24/2007 CRANBERRY LODGE $77.30 DAVID KVAM 12/31/2007 01/02/2008 AIRGAS NORTH CENTRAL $1,110.89 STEVE LUKIN 01/02/2008 01/03/2008 HENRIKSEN ACE HARDWARE $156.14 MARK MARUSKA 01/03/2008 01/04/2008 WMS*WASTE MGMT WMEZPAY $28.89 MARK MARUSKA 12/21/2007 12/24/2007 SHRED-IT 01 OF 01 $19.65 ROBERT MITTET 12/21/2007 12/24/2007 QWESTCOMM*TN651 $57.80 ROBERT MITTET 12/28/2007 12/28/2007 COMCAST CABLE COMM $117.33 ROBERT MITTET 01/02/2008 01/03/2008 FSH COMMUNICATION01 OF 01 $63.90 ROBERT MITTET 12/24/2007 12/26/2007 OFFICE MAX $35.45 ED NADEAU 01/01/2008 01/03/2008 METROCALL/ARCH WIRE $15.92 ED NADEAU 12/28/2007 12/31/2007 CINTAS FIRST AID #431 $86.56 BRYAN NAGEL 01/02/2008 01/03/2008 CARPENTERS SMALL ENGINE R $13.82 RICHARD NORDQUIST 12/27/2007 12/31/2007 MILLS FLEET FARM #27 $105.97 ERICK OSWALD 12/20/2007 12/24/2007 OFFICE DEPOT #1090 $28.70 MARY KAY PALANK 12/28/2007 12/31/2007 OFFICEWORLD.COM $86.99 MARY KAY PALANK 12/31/2007 01/02/2008 OFFICE DEPOT #1090 $16.26 MARY KAY PALANK 12/24/2007 12/26/2007 BLUE RIBBON BAIT & TACKLE $18.63 ROBERT PETERSON 12/24/2007 12/26/2007 CVS PHARMACY #1751 Q03 $54.58 ROBERT PETERSON 12/20/2007 12/24/2007 EVIDENT $90.25 PHILIP F POWELL 12/20/2007 12/24/2007 INDUSTRIAL SAFETY GEAR.CO $71.84 PHILIP F POWELL 12/22/2007 12/24/2007 MEDCO SUPPLY $97.50 PHILIP F POWELL 12/31/2007 01/02/2008 ADVANCED GRAPHIC SYSTEMS $111.82 PHILIP F POWELL 12/22/2007 12/24/2007 SCANTRON $368.74 ROBERT PRECHTEL 01/03/2008 01/04/2008 TRI-ANIM HEALTH SERVICES $65.67 ROBERT PRECHTEL 01/02/2008 01/03/2008 GE CAPITAL $331.22 WILLIAM J PRIEFER 12/20/2007 12/24/2007 KATH AUTO PARTS NSP $24.99 STEVEN PRIEM 12/20/2007 12/24/2007 FACTORY MOTOR PARTS #19 $148.74 STEVEN PRIEM 12/21/2007 12/24/2007 H & L MESABI COMPANY $328.68 STEVEN PRIEM 12/26/2007 12/27/2007 BAUER BULT TRE33200023 $47.96 STEVEN PRIEM 12/26/2007 12/28/2007 KATH AUTO PARTS NSP $110.33 STEVEN PRIEM 12/26/2007 12/28/2007 BOYER FORD TRUCKS INC $447.19 STEVEN PRIEM 12/28/2007 12/31/2007 BOYER FORD TRUCKS INC ($167.42)STEVEN PRIEM 12/28/2007 12/31/2007 KATH AUTO PARTS NSP $65.60 STEVEN PRIEM 12/28/2007 12/31/2007 KATH AUTO PARTS NSP $6.40 STEVEN PRIEM 12/28/2007 12/31/2007 KATH AUTO PARTS NSP $22.17 STEVEN PRIEM 12/28/2007 12/31/2007 PIONEER RIM & WHEEL CO.$132.87 STEVEN PRIEM 12/28/2007 12/31/2007 RED WING SHOE STORE $173.40 STEVEN PRIEM 12/31/2007 01/02/2008 ZIEGLER INC - RETAIL $59.78 STEVEN PRIEM 01/02/2008 01/03/2008 TRUCK UTILITIES INC $108.87 STEVEN PRIEM 01/02/2008 01/03/2008 POLAR CHEVROLET $43.36 STEVEN PRIEM 01/02/2008 01/04/2008 KATH AUTO PARTS NSP $81.60 STEVEN PRIEM 01/03/2008 01/04/2008 NORTHERN TOOL EQUIP $58.53 STEVEN PRIEM 12/21/2007 12/24/2007 SHRED-IT 01 OF 01 $49.95 KEVIN RABBETT 12/27/2007 12/28/2007 DON' PAINT & BODY SHOP $561.01 KEVIN RABBETT 12/31/2007 01/02/2008 HEALTHEAST TRANSPORTATN $2,183.83 KEVIN RABBETT 01/02/2008 01/04/2008 UNIFORMS UNLIMITED $4,156.91 KEVIN RABBETT 01/03/2008 01/04/2008 ACCURINT EOM AUTO P $30.00 KEVIN RABBETT 01/03/2008 01/04/2008 DON' PAINT & BODY SHOP $840.27 KEVIN RABBETT 01/03/2008 01/04/2008 MN OCCUPATIONAL HEALTH $641.50 TERRIE RAMEAUX 12/26/2007 12/27/2007 TARGET 00011858 $61.43 AUDRA ROBBINS 12/27/2007 12/31/2007 PAPA JOHNS #1838 $21.30 AUDRA ROBBINS 12/27/2007 12/31/2007 OAKD.CIN #488 Q25 $42.00 AUDRA ROBBINS 01/02/2008 01/03/2008 MNLA $108.00 ROBERT RUNNING 01/02/2008 01/04/2008 WHEELER LUMBER LLC $830.79 ROBERT RUNNING 12/21/2007 12/24/2007 OFFICE DEPOT #1090 $121.61 HARRIET J RYDEL 12/27/2007 12/31/2007 THE STAR TRIBUNE CIRCULAT $55.90 HARRIET J RYDEL 12/28/2007 12/31/2007 OFFICE DEPOT #1090 $253.95 HARRIET J RYDEL 01/02/2008 01/03/2008 GE CAPITAL $43.67 HARRIET J RYDEL 12/28/2007 12/31/2007 OFFICE DEPOT #1090 $158.09 DEB SCHMIDT 01/02/2008 01/04/2008 MILLS FLEET FARM #27 $238.27 SCOTT SCHULTZ 12/20/2007 12/24/2007 INT'L CODE COUNCIL INC $230.00 MICHAEL SHORTREED 12/20/2007 12/24/2007 INT'L CODE COUNCIL INC $230.00 MICHAEL SHORTREED 12/25/2007 12/27/2007 SUPERAMERICA 4022 Q64 $15.91 MICHAEL SHORTREED 12/26/2007 12/28/2007 STILLWATER VETERINARY $18.00 MICHAEL SHORTREED 12/28/2007 12/31/2007 AGS/SAFELITE #5156 $196.50 MICHAEL SHORTREED 01/02/2008 01/03/2008 LIFELOC TECHNOLOGIES INC $112.95 MICHAEL SHORTREED 01/03/2008 01/04/2008 LIFELOC TECHNOLOGIES INC ($27.45)MICHAEL SHORTREED 12/21/2007 12/24/2007 INT'L CODE COUNCIL INC $380.00 ANDREA SINDT 12/21/2007 12/24/2007 INT'L CODE COUNCIL INC $500.00 ANDREA SINDT 12/21/2007 12/24/2007 INT'L CODE COUNCIL INC $230.00 ANDREA SINDT 12/21/2007 12/24/2007 INT'L CODE COUNCIL INC $345.00 ANDREA SINDT 12/21/2007 12/24/2007 INT'L CODE COUNCIL INC $230.00 ANDREA SINDT 12/22/2007 12/24/2007 U OF M CCE $170.00 ANDREA SINDT 12/20/2007 12/24/2007 INNOVATIVE COLOR PRINTING $601.73 PAULINE STAPLES 12/21/2007 12/24/2007 INNOVATIVE COLOR PRINTING $84.60 PAULINE STAPLES 12/22/2007 12/26/2007 THE OFFICE SHOP AITKIN $8.50 PAULINE STAPLES 01/02/2008 01/04/2008 GRAND CLEANERS $101.48 PAULINE STAPLES 12/27/2007 12/28/2007 LOFFLER COMPANIES INC $155.00 JOANNE M SVENDSEN 12/27/2007 12/28/2007 SPARTAN PROMOTIONAL GRP $782.00 DOUGLAS J TAUBMAN 12/27/2007 12/28/2007 SPARTAN PROMOTIONAL GRP $831.77 DOUGLAS J TAUBMAN 01/01/2008 01/02/2008 T-MOBILE RECURRING PMT $104.24 DOUGLAS J TAUBMAN 12/26/2007 12/28/2007 STRAUSS SKATE & BICYCLES $1,949.00 JAMES TAYLOR 12/28/2007 12/31/2007 METRO ATHLETIC SUPPLY $1,174.17 JAMES TAYLOR 12/21/2007 12/24/2007 KOHL'S #0052 $39.99 DAVID J THOMALLA 12/26/2007 12/27/2007 S & T OFFICE PRODUCTS $62.07 KAREN WACHAL 12/20/2007 12/24/2007 QUILL CORPORATION $283.64 SUSAN ZWIEG 12/21/2007 12/24/2007 PIONEER PRESS SUBSCRIPTI $51.74 SUSAN ZWIEG Total $53,488.40 CHECK #CHECK DATE EMPLOYEE NAME CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD AMOUNT 01/11/08 CAVE, REBECCA 416.42 01/11/08 HJELLE, ERIK 416.42 01/11/08 JUENEMANN, KATHLEEN 416.42 01/11/08 ROSSBACH, WILLIAM 416.42 01/11/08 COPELAND, EUGENE 3,090.00 01/11/08 RYDEL, HARRIET 1,565.60 01/11/08 CHRISTENSON, SCOTT 1,709.67 01/11/08 FARR, LARRY 2,311.03 01/11/08 ARNOLD, AJLA 448.00 01/11/08 PALANK, MANDY 88.00 01/11/08 RAMEAUX, THERESE 2,448.10 01/11/08 FORMANEK, KAREN 1,489.38 01/11/08 MITTET, ROBERT 3,366.86 01/11/08 ANDERSON, CAROLE 1,057.26 01/11/08 DEBILZAN, JUDY 1,115.23 01/11/08 JACKSON, MARY 2,078.18 01/11/08 KELSEY, CONNIE 2,321.63 01/11/08 FRY, PATRICIA 1,829.63 01/11/08 GUILFOILE, KAREN 3,491.86 01/11/08 KROLL, LISA 1,465.10 01/11/08 MORSON, JOHN 142.16 01/11/08 SCHMIDT, DEBORAH 2,073.44 01/11/08 SPANGLER, EDNA 1,215.25 01/11/08 CORTESI, LUANNE 919.52 01/11/08 JAGOE, CAROL 1,805.42 01/11/08 KELLY, LISA 1,354.28 01/11/08 LARSON, MICHELLE 1,066.59 01/11/08 MECHELKE, SHERRIE 1,101.94 01/11/08 MOY, PAMELA 1,128.01 01/11/08 OSTER, ANDREA 1,772.76 01/11/08 WEAVER, KRISTINE 1,915.77 01/11/08 CORCORAN, THERESA 1,746.31 01/11/08 DOLLERSCHELL, ROBERT 3,366.86 01/11/08 POWELL, PHILIP 2,622.17 01/11/08 RICHIE, CAROLE 1,753.87 01/11/08 THOMALLA, DAVID 4,429.00 01/11/08 ABEL, CLINT 2,811.03 01/11/08 ALDRIDGE, MARK 2,767.09 01/11/08 BAKKE, LONN 2,553.60 01/11/08 BARTZ, PAUL 2,693.37 01/11/08 BELDE, STANLEY 2,695.88 01/11/08 BENJAMIN, MARKESE 1,830.59 01/11/08 BIERDEMAN, BRIAN 3,222.24 01/11/08 BOHL, JOHN 3,273.58 01/11/08 BUSACK, DANIEL 3,010.35 01/11/08 COFFEY, KEVIN 2,845.30 01/11/08 CROTTY, KERRY 3,222.98 01/11/08 DARVELL, LISA 1,774.85 01/11/08 DEMULLING, JOSEPH 1,767.40 01/11/08 DOBLAR, RICHARD 3,186.63 01/11/08 FRITZE, DEREK 1,948.32 01/11/08 GABRIEL, ANTHONY 2,879.00 01/11/08 HAWKINSON JR, TIMOTHY 1,925.03 01/11/08 HEINZ, STEPHEN 2,720.81 01/11/08 HIEBERT, STEVEN 2,984.53 01/11/08 JOHNSON, KEVIN 4,197.78 01/11/08 KALKA, THOMAS 1,473.96 01/11/08 KARIS, FLINT 3,296.04 01/11/08 KONG, TOMMY 2,822.46 01/11/08 KROLL, BRETT 2,597.66 01/11/08 KVAM, DAVID 3,523.42 01/11/08 LANGNER, TODD 2,504.95 01/11/08 LARSON, DANIEL 2,506.28 01/11/08 LU, JOHNNIE 2,677.62 01/11/08 MARINO, JASON 2,563.39 01/11/08 MARTIN, JERROLD 2,624.59 01/11/08 MCCARTY, GLEN 2,624.59 01/11/08 METRY, ALESIA 2,711.89 01/11/08 NYE, MICHAEL 2,875.45 01/11/08 OLSON, JULIE 2,530.52 01/11/08 PALMA, STEVEN 2,879.96 01/11/08 RABBETT, KEVIN 3,587.70 01/11/08 RHUDE, MATTHEW 2,864.32 01/11/08 STEFFEN, SCOTT 3,832.09 01/11/08 STEINER, JOSEPH 2,269.79 01/11/08 SYPNIEWSKI, WILLIAM 2,331.66 01/11/08 SZCZEPANSKI, THOMAS 2,854.42 01/11/08 TRAN, JOSEPH 2,658.43 01/11/08 WENZEL, JAY 2,658.43 01/11/08 XIONG, KAO 2,822.22 01/11/08 BERGERON, JOSEPH 3,629.56 01/11/08 DUGAS, MICHAEL 3,233.33 01/11/08 ERICKSON, VIRGINIA 2,719.23 01/11/08 FLOR, TIMOTHY 3,478.91 01/11/08 FRASER, JOHN 3,210.08 01/11/08 LANGNER, SCOTT 2,624.59 01/11/08 THEISEN, PAUL 2,793.15 01/11/08 THIENES, PAUL 2,943.41 01/11/08 BARTA, JEREMY 2,883.91 01/11/08 CRISTOFONO, BRIAN 2,633.76 01/11/08 DAWSON, RICHARD 3,283.81 01/11/08 DUELLMAN, KIRK 17.09 01/11/08 EVERSON, PAUL 2,823.98 01/11/08 HALWEG, JODI 2,748.14 01/11/08 JOHNSON, DOUGLAS 3,089.62 01/11/08 MONDOR, MICHAEL 1,864.38 01/11/08 NOVAK, JEROME 3,101.16 01/11/08 OLSON, JAMES 2,972.71 01/11/08 PETERSON, ROBERT 3,490.78 01/11/08 PRECHTEL, ROBERT 3,224.44 01/11/08 STREFF, MICHAEL 2,480.95 01/11/08 SVENDSEN, RONALD 4,282.93 01/11/08 GERVAIS-JR, CLARENCE 3,428.94 01/11/08 LUKIN, STEVEN 4,016.18 01/11/08 ZWIEG, SUSAN 1,886.85 01/11/08 AHL, R. CHARLES 4,675.69 01/11/08 KNUTSON, LOIS 1,715.59 01/11/08 KONEWKO, DUWAYNE 3,059.51 01/11/08 NIVEN, AMY 1,309.74 01/11/08 PRIEFER, WILLIAM 2,601.26 01/11/08 BRINK, TROY 2,360.67 01/11/08 DEBILZAN, THOMAS 2,210.61 01/11/08 EDGE, DOUGLAS 2,257.20 01/11/08 JONES, DONALD 2,192.03 01/11/08 MEYER, GERALD 2,301.92 01/11/08 NAGEL, BRYAN 2,486.01 01/11/08 OSWALD, ERICK 2,433.29 01/11/08 RUNNING, ROBERT 2,379.22 01/11/08 TEVLIN, TODD 2,111.27 01/11/08 BURLINGAME, NATHAN 1,603.91 01/11/08 DUCHARME, JOHN 2,515.18 01/11/08 ENGSTROM, ANDREW 1,976.39 01/11/08 GAYNOR, VIRGINIA 2,145.99 01/11/08 JACOBSON, SCOTT 1,976.39 01/11/08 JAROSCH, JONATHAN 2,326.95 01/11/08 KREGER, JASON 1,683.35 01/11/08 KUMMER, STEVEN 2,557.59 01/11/08 LABEREE, ERIN 2,882.35 01/11/08 LINDBLOM, RANDAL 2,515.19 01/11/08 O'CONNOR, DONOVAN 305.00 01/11/08 SCHREMPP, ANTHONY 545.16 01/11/08 THOMPSON, MICHAEL 2,683.80 01/11/08 WACHAL, KAREN 810.42 01/11/08 ZIEMAN, SCOTT 118.80 01/11/08 MARUSKA, MARK 3,000.18 01/11/08 NAUGHTON, JOHN 1,934.15 01/11/08 SCHINDELDECKER, JAMES 2,455.45 01/11/08 BIESANZ, OAKLEY 1,534.60 01/11/08 DEAVER, CHARLES 642.35 01/11/08 HAYMAN, JANET 1,283.45 01/11/08 HUTCHINSON, ANN 2,430.24 01/11/08 EKSTRAND, THOMAS 3,546.72 01/11/08 LIVINGSTON, JOYCE 878.02 01/11/08 SINDT, ANDREA 1,852.39 01/11/08 THOMPSON, DEBRA 828.43 01/11/08 YOUNG, TAMELA 1,744.70 01/11/08 FINWALL, SHANN 2,537.19 01/11/08 ROBERTS, KENNETH 2,686.26 01/11/08 BRASH, JASON 1,686.47 01/11/08 CARVER, NICHOLAS 2,976.02 01/11/08 FISHER, DAVID 3,823.36 01/11/08 RICE, MICHAEL 2,308.35 01/11/08 SWAN, DAVID 2,373.67 01/11/08 WELLENS, MOLLY 1,295.04 01/11/08 SAMUELSON, MICHAEL 2,114.79 01/11/08 BERGER, STEPHANIE 306.25 01/11/08 NIEMAN, JAMES 252.00 01/11/08 OHLHAUSER, MEGHAN 547.50 01/11/08 ROBBINS, AUDRA 2,398.58 01/11/08 SHERRILL, CAITLIN 175.00 01/11/08 TAUBMAN, DOUGLAS 3,062.75 01/11/08 TAYLOR, JAMES 1,879.86 01/11/08 GERMAIN, DAVID 1,980.83 01/11/08 NORDQUIST, RICHARD 2,247.21 01/11/08 SCHULTZ, SCOTT 2,216.55 01/11/08 ANZALDI, MANDY 1,868.14 01/11/08 BERGLUND, DANIEL 241.00 01/11/08 BRENEMAN, NEIL 1,633.70 01/11/08 CRAWFORD - JR, RAYMOND 748.00 01/11/08 EVANS, CHRISTINE 818.68 01/11/08 FABIO-SHANLEY, MICHAEL 168.00 01/11/08 GROPPOLI, LINDA 383.25 01/11/08 HER, CHONG 404.75 01/11/08 HOFMEISTER, MARY 782.48 01/11/08 PELOQUIN, PENNYE 481.26 01/11/08 SCHOENECKER, LEIGH 224.00 01/11/08 STAPLES, PAULINE 3,028.20 01/11/08 SWINTEK-MOORE, JENNIFER 1,236.42 01/11/08 TOLBERT, FRANCINE 57.81 01/11/08 VANG, TIM 336.00 01/11/08 BRUSOE, AMY 51.38 01/11/08 BRUSOE, CRISTINA 189.43 01/11/08 BUCKLEY, BRITTANY 20.55 01/11/08 DUNN, RYAN 768.52 01/11/08 ERICKSON-CLARK, CAROL 47.50 01/11/08 FONTAINE, KIM 658.40 01/11/08 GIEL, NICOLE 136.00 01/11/08 GREDVIG, ANDERS 334.00 01/11/08 GUZIK, JENNIFER 97.25 01/11/08 HALEY, BROOKE 109.35 01/11/08 HASSENSTAB, DENISE 44.70 01/11/08 HORWATH, RONALD 2,389.28 01/11/08 JOHNSON, JAMES 118.15 01/11/08 KOEHNEN, AMY 52.10 01/11/08 KOLLER, NINA 138.38 01/11/08 KRONHOLM, KATHRYN 652.91 01/11/08 KURZHAL, ALISON 74.75 01/11/08 LAMEYER, ZACHARY 40.80 1004175 1004176 1004177 1004178 1004179 1004180 1004181 1004182 1004183 1004184 1004185 1004186 1004187 1004188 1004189 01/11/08 MATHEWS, LEAH 57.75 01/11/08 OVERBY, ANNA 20.00 01/11/08 PROESCH, ANDY 538.93 01/11/08 SCHREINER, MICHELLE 221.87 01/11/08 SMITH, ANN 236.40 01/11/08 TAYLOR, JASON 54.00 01/11/08 THOMAS, MARY 154.90 01/11/08 TUPY, HEIDE 212.00 01/11/08 TUPY, MARCUS 198.45 01/11/08 WOLFGRAM, MARY 121.56 01/11/08 WOLFGRAM, TERESA 26.25 01/11/08 GIERNET, ASHLEY 52.00 01/11/08 HER, SHILLAME 117.00 01/11/08 HOLMGREN, STEPHANIE 78.13 01/11/08 TOLENTINO, LISA 451.50 01/11/08 BEHAN, JAMES 1,830.49 01/11/08 PATTERSON, ALBERT 1,213.72 01/11/08 PRINS, KELLY 1,121.58 01/11/08 REILLY, MICHAEL 1,777.03 01/11/08 VANG, HUE 81.95 01/11/08 YANG, MIKE 111.50 01/11/08 AICHELE, CRAIG 2,050.71 01/11/08 PRIEM, STEVEN 2,217.67 01/11/08 WOEHRLE, MATTHEW 1,849.59 01/11/08 BERGO, CHAD 2,355.82 01/11/08 FOWLDS, MYCHAL 2,686.82 01/11/08 FRANZEN, NICHOLAS 1,780.66 01/11/08 LONGRIE, DIANA 473.15 01/11/08 NEPHEW, JOHN 416.42 01/11/08 JAHN, DAVID 1,708.69 01/11/08 MORIN, TROY 114.75 01/11/08 AFFOLTER, PENNY 1,382.88 01/11/08 PALANK, MARY 1,748.62 01/11/08 SVENDSEN, JOANNE 1,931.87 01/11/08 SHORTREED, MICHAEL 3,268.81 01/11/08 WELCHLIN, CABOT 2,720.81 01/11/08 BAUMAN, ANDREW 1,079.46 01/11/08 BUCKLEY, BRENT 1,849.39 01/11/08 EDSON, DAVID 2,762.48 01/11/08 HELEY, ROLAND 2,270.87 01/11/08 HINNENKAMP, GARY 2,589.22 01/11/08 NOVAK, MICHAEL 2,185.61 1004190 1004191 1004192 1004193 1004194 1004195 1004196 1004197 1004198 1004199 1004200 1004201 1004202 1004203 1004204 1004205 1004206 1004207 1004208 1004209 1004210 1004211 1004212 1004213 1004214 1004215 1004216 1004217 1004218 1004219 1004220 1004221 1004222 1004223 1004224 1004225 1004226 1004227 1004228 1004229 1004230 01/11/08 BROZAK, ANNA 242.00 01/11/08 BROZAK, KATHERINE 373.50 01/11/08 GOODRICH, CHAD 126.00 01/11/08 GOODRICH, DANIELLE 267.75 01/11/08 KOHLMAN, JENNIFER 26.25 01/11/08 LINDA, KELLIE 52.50 01/11/08 MUELLNER, CHADD 296.75 01/11/08 NETTLETON, NICOLE 78.00 01/11/08 ROBBINS, EMERALD 142.19 01/11/08 ROBERTS, ALYSSA 196.00 01/11/08 RUMBLE, ANGELICA 322.00 01/11/08 SERGOT, COLLIN 160.00 01/11/08 HAAG, MARK 2,038.15 01/11/08 NADEAU, EDWARD 3,061.98 01/11/08 GLASS, JEAN 1,948.94 01/11/08 HANSEN, LORI 2,337.03 01/11/08 HER, PETER 125.80 01/11/08 NAGEL, BROOKE 408.00 01/11/08 VANG, KAY 290.70 01/11/08 VUE, LOR PAO 206.55 01/11/08 WERNER, ANGELA 70.00 01/11/08 AICHELE, MEGAN 48.94 01/11/08 ANDERSON, JOSHUA 28.40 01/11/08 ANDERSON, JUSTIN 28.40 01/11/08 BUCHMAYER, NICOLLET 47.25 01/11/08 DEMPSEY, BETH 49.00 01/11/08 GRANT, MELISSA 219.09 01/11/08 GRUENHAGEN, LINDA 428.05 01/11/08 HOLMBERG, LADONNA 175.00 01/11/08 JOYER, JENNA 22.75 01/11/08 KOVACS, BREANNA 22.75 01/11/08 MCCANN, NATALIE 36.00 01/11/08 MCLAURIN, CHRISTOPHER 97.88 01/11/08 NWANOKWALE, MORDY 157.08 01/11/08 RICHTER, DANIEL 70.00 01/11/08 RICHTER, NANCY 753.59 01/11/08 ROGNESS, TRYGGVE 114.75 01/11/08 ROSTRON, ROBERT 279.31 01/11/08 SAUCERMAN, MICHAEL 90.68 01/11/08 SCHAEFER, JAMES 21.75 01/11/08 SCHAEFER, NATALIE 16.25 1004231 1004232 1004233 1004234 1004235 1004236 1004237 1004238 1004239 1004240 1004241 1004242 1004243 1004244 1004245 1004246 1004247 1004248 1004249 1004250 1004251 1004252 1004253 1004254 1004255 01/11/08 SCHMIDT, EMILY 80.33 01/11/08 SCHMIDT, JOHN 58.23 01/11/08 SCHRAMM, BRITTANY 86.51 01/11/08 SCHUNEMAN, GREGORY 46.00 01/11/08 SKUNES, KELLY 67.50 01/11/08 SMITLEY, SHARON 330.95 01/11/08 STAHNKE, AMY 166.12 01/11/08 WARNER, CAROLYN 253.50 01/11/08 WEDES, CARYL 51.00 01/11/08 WERNER, REBECCA 24.63 01/11/08 WHITE, NICOLE 40.20 01/11/08 WILLIAMS, KRISTINE 27.60 01/11/08 WOODMAN, ALICE 138.00 01/11/08 ZALK, IDA 63.36 01/11/08 BOSLEY, CAROL 286.15 01/11/08 DANIEL, BREANNA 111.63 01/11/08 DELACROIX, RYAN 381.25 01/11/08 PATTERSON, FELORENZA 128.00 01/11/08 SATTLER, MELINDA 162.00 01/11/08 ZAGER, LINNEA 80.75 01/11/08 BIRKHOLZ, TYLER 174.00 01/11/08 BOWMAN, MATTHEW 126.00 01/11/08 DOUGLASS, TOM 1,409.20 459,600.36 01/11/08 MURRAY, BRENDON 206.25 01/11/08 SCHULZE, KEVIN 210.25 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: Michael Thompson, Civil Engineer II SUBJECT: County Road D Realignment (West) Improvements (TH 61 to Walter Street), City Project 02-08, Resolution for Modification of the Existing Construction Contract, Change Order No. 42 (T.A. Schifsky Contract) DATE:January 18, 2008 INTRODUCTION The city council will consider approving the attached resolution directing the modification of the existing construction contract, Change Order No. 42 (T.A. Schifsky Contract), for costs associated with the repair of a damaged watermain gate valve box located on County Road D. On October 13th, 2005, a vehicle went off the County D roadway hitting and severely damaging the valve box. Repairs were necessary to allow for proper access and functioning of the valve located below the damaged valve box. Background In April 2004, the City Council awarded a contract to Imperial Developers for the construction of the Venburg/Guldens frontage road. In September 2004, the City Council approved the award of a construction contract for this project to Palda & Sons, Inc. The project included construction of utilities and roadway for the entire County Road D West improvement. Unfortunately, the County Road D West project did not begin as anticipated due to problems coordinating the various area improvements. Palda & Sons, Inc. requested an increase in the bid in excess of $300,000 to have the delays extended into 2005. Negotiations with the contractor resulted in the elimination of the street construction portion of the contract. The eliminated roadway construction was then rebid in the spring of 2006 and a construction contract for the roadway was awarded to T. A. Schifsky & Sons in the amount of $668,162.93, resulting in a $40,000 cost savings to the city. T.A. Schifsky: Change Order Change Order No. 42: $1,368.85. Repair of damaged watermain gate valve along County Road D. Budget Impact The total amount of Change Order 42 would increase the construction contract by $1,368.85. The revised contract amount would be $1,079,059.75, and is estimated to be the final amount. Final payment would be made upon approval of this change order and appropriate signatures. RECOMMENDATION It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract, Change Order No. 42 (T.A. Schifsky Contract), for the County Road D West Improvements (TH 61 to Walter Street), City Project 02-08. Attachments: 1. Resolution 2. Change Order No. 42 3. Location Map Agenda Item I2 id18676203 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02-08, CHANGE ORDER No. 42 (T.A. Schifsky Contract) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-08, County Road D Realignment (West) Improvements (TH 61 to Walter Street), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02-08, Change Order No. 42, (T.A. Schifsky Contract), as an increase to said contract by an amount of $1,368.85, such that the new contract amount is now and hereby established as $1,079,059.75. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 42 as a contract increase in the amount of $1,368.85. The revised contract amount is $1,079,059.75. Approved this 28th day of January 2008 Agenda Item I.3 MEMORANDUM TO: Chuck Ahl, Acting City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Conditional Use Permit Review LOCATION: 2289 Minnehaha Avenue PROJECT: 5-8 Tavern and Grill DATE: January 23, 2008 for the January 28 City Council Meeting INTRODUCTION The conditional use permits (CUPs) for the 5-8 Tavern and Grill, 2289 Minnehaha Avenue, are due for review. The CUPs are for a restaurant in the business commercial modified (BC-(M)) zoning district and for the expansion of a nonconforming structure. BACKGROUND On September 24, 2001, the city council approved the remodeling and expansion of Beau s Food and Spirits into the 5-8 Tavern and Grill. Approvals included a comprehensive land use plan amendment from single-dwelling residential (R-1) to B-C(M), a zoning map change from R-1 to B- C(M), two conditional use permits (one allowing a restaurant within the B-C(M) zoning district and one allowing for the expansion of a nonconforming structure (deck addition)), a parking lot setback variance, and design review. October 14, 2002, the city council approved the one-year review of the above-mentioned CUP. July 10, 2006, the city council approved the expansion of the 5-8 Tavern and Grill s parking lot into a single family residential property. Approvals included a comprehensive plan amendment from R-1 to B-C(M), zoning map change from R-1 to BC-M, conditional use permit revision for the expansion of the restaurant facility, and design review. DISCUSSION The removal of the single family house and expansion of the parking lot was complete last fall. One of the conditions of approval was the construction of a rainwater garden along Minnehaha Avenue. The applicants obtained a grant and worked closely with the watershed district on the construction and planting of the garden. As is the practice with the requirement of rainwater gardens, the city has obtained a maintenance agreement which requires that the applicant monitor and maintain the garden to ensure it functions as designed. City staff inspected the site in the fall and has been monitoring the site since then to ensure all improvements, including the rainwater garden, have been complete as required. The applicants went above and beyond their requirements by working closely with the neighbors to ensure all of their concerns were addressed during the construction phase. City staff finds that the exterior improvements are complete, and in particular the applicants and the watershed district did an excellent job creating and planting the rainwater garden. City staff would like to monitor the garden throughout the spring and summer to ensure that it functions correctly and that the plant materials have survived the winter. id18682796 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com 2 RECOMMENDATION Review the conditional use permit for the 5-8 Tavern and Grill at 2289 Minnehaha Avenue again in one year to ensure that the rainwater garden functions properly and that all other required exterior improvements are maintained. p:sec25/5-8 Tavern and Grill review 08 Attachments: 1. Location Map 2. Site Plan 3. July 10, 2006, City Council Minutes Attachment 2 07-10-06 City Council Meeting 1 Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 10, 2006 Council Chambers, City Hall Meeting No. 06-18 L. NEW BUSINESS 2. 5-8 Club Expansion (2289 Minnehaha Avenue) Comprehensive Plan Amendment (R-1 to BC-M) (4 votes) Zoning Map Change (R-1 to BC-M) (4 votes) Conditional Use Permit Revision Design Approval a. Planner Roberts presented the report. b. Commissioner Fisher presented the Planning Commission Report. c. Boardmember Ledvina presented the Design Review Board Report. b. The applicant Jill Skogheim was present for council questions. c. The following persons were heard: Jim Beardsley, 2311 Minnehaha Avenue, Maplewood Councilmember Cave moved to adopt the comprehensive land use plan amendment resolution changing the comprehensive land use plan from single dwelling residential (R-1) to business commercial (modified) (BC-M) for the expansion of the 5-8 Tavern and Grill parking lot onto an existing single-family lot at 2303 Minnehaha Avenue: COMPREHENSIVE LAND USE PLAN CHANGE RESOLUTION 06-07-083 WHEREAS, Jill Skogheim of the 5-8 Tavern and Grill made application to the City of Maplewood for a change to the city's comprehensive land use plan from single dwelling residential (R-1) to business commercial (modified) (BC-M) for the expansion of the restaurant s parking lot. WHEREAS, this change applies to 2303 Minnehaha Avenue, Maplewood, Minnesota. WHEREAS, the legal description of this property is: South ‰ of Lot 16, Minnehaha Suburban Heights. WHEREAS, the history of this change is as follows: 1. On June 19, 2006, the planning commission held a public hearing. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission conducted the public hearing whereby all public present were given a chance to speak and present written statements. The planning commission recommended that the city council approve the plan amendments. 2. On July 10, 2006, the city council discussed the land use plan changes. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described land use plan change for the following reasons: 1. This site is proper for and consistent with the city's policies for commercial use. This includes: 07-10-06 City Council Meeting 2 a. Require adequate off-street parking and loading facilities. b. Avoid disruption of adjacent or nearby residential areas. c. Require commercial developers to make all necessary improvements to ensure compatibility with surrounding residential uses. d. Require adequate screening or buffering of new or expanded commercial areas from any adjacent existing or planned residential development. 2. This development will minimize any adverse effects on surrounding properties because: a. Expansion of the parking area will supply adequate off-street parking and loading facilities for the site. b. The parking lot will be designed in the best manner to avoid disruption of adjacent or nearby residential areas including locating the parking lot 20 feet from the residential property to the east and installing a 6-foot high privacy fence along all shared residential property lines. Seconded by Councilmember Hjelle Ayes-All Councilmember Cave moved to adopt the rezoning resolution changing the zoning map from single dwelling residential (R-1) to business commercial (modified) (BC-M) for the expansion of the 5-8 Tavern and Grill parking lot onto an existing single-family lot at 2303 Minnehaha Avenue: ZONING MAP CHANGE RESOLUTION 06-07-084 WHEREAS, Jill Skogheim of the 5-8 Tavern and Grill has proposed the following change to the City of Maplewood s zoning map: single dwelling residential (R-1) to business commercial (modified) (BC-M). WHEREAS, this change applies to 2303 Minnehaha Avenue, Maplewood, Minnesota. WHEREAS, the legal description of this property is: South ‰ of Lot 16, Minnehaha Suburban Heights. WHEREAS, the history of this change is as follows: 1. On June 19, 2006, the planning commission held a public hearing. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission conducted the public hearing whereby all public present were given a chance to speak and present written statements. The planning commission recommended that the city council approve the rezoning. 2. On July 10, 2006, the city council discussed the rezoning. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The proposed change is supported by a majority of the neighbors surveyed. 07-10-06 City Council Meeting 3 6. The applicant is proposing to use the property in question for a commercial parking lot and not for residential purposes. Seconded by Mayor Longrie Ayes-All Councilmember Juenemann moved to adopt the conditional use permit resolution approving two conditional use permit for the 5-8 Tavern and Grill at 2289 and 2303 Minnehaha Avenue: CONDITIONAL USE PERMIT RESOLUTION 06-07-085 WHEREAS, Jill Skogheim of the 5-8 Tavern and Grill applied for two conditional use permits including: 1. Expansion of a restaurant within the business commercial (modified) (BC-M) zoning district. 2. Expansion of a nonconforming parking lot (20-foot setback from residential property required, 5-foot setback proposed). WHEREAS, this permit applies to property located at 2289 and 2303 Minnehaha Avenue, Maplewood, Minnesota. The legal description is: Minnehaha Suburb Heights: Subject to the highway, the E 60 of Lot 13, the S 148.5 of Lot 14, and the S ‰ of Lot 15, the S ‰ of Lot 16, Minnehaha Suburban Heights. WHEREAS, the history of this conditional use permit is as follows: 1. On June 19, 2006, the planning commission held a public hearing. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission conducted the public hearing whereby all public present were given a chance to speak and present written statements. The planning commission recommended that the city council approve the conditional use permits. 2. On July 10, 2006, the city council discussed the conditional use permits. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permits based on the building and site plans. The city approved this permit because: 1. The use would not change the existing or planned character of the surrounding area. 2. The use would not depreciate property values. 3. 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 runoff, vibration, general unsightliness, electrical interference or other nuisances. 4. 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. 5. 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. 6. The use would not create excessive additional costs for public facilities or services. 7. The use would cause minimal adverse environmental effects. 07-10-06 City Council Meeting 4 Approval of the two conditional use permits is subject to the following conditions: 1. All construction of the 5-8 Club shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The parking lot expansion shall comply with all city engineering requirements as defined in the June 9, 2006, engineering review. 3. The proposed parking lot expansion must be substantially started within one year of council approval or the permit shall become null and void. The city council may extend this deadline for one year. 4. Remove snow from the parking lot as needed. 5. The city council shall review this permit in one year. Seconded by Councilmember Hjelle Ayes-All Councilmember Rossbach moved to approve the plans date stamped June 19, 2006 for the 5-8 Tavern and Grill (2289 Minnehaha Avenue) parking lot expansion. The city is approving these plans based on the findings required by the code. The applicant shall do the following: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Prior to issuance of a grading permit for the parking lot expansion the applicant must submit the following for staff approval: 1) Revised grading and drainage plan showing the relocation of the driveway to the west, in line with the first drive aisle. The grading and drainage plan must be approved by the city engineering department and must comply with all requirements as specified in the June 9, 2006, engineering review. 2) Revised site plan showing the following: a) Relocation of the fence seven feet from the east property line. b) Relocation of the driveway to the west, in line with the first drive aisle. c) All new parking stalls 18 feet deep. d) Reduction in the new drive aisles to 20 and 19.5 feet wide and posting the drive aisles as one-way traffic with arrows and signs. e) Replacement curbing (to match existing) along Minnehaha Avenue from the west side of the existing driveway entrance up to west side of the new driveway entrance. 3) Fence elevations showing style, height, materials, and color; and also specifications on which portions, if any, of the existing fence will remain. 4) Revised landscape plan showing the following: a) Sizes of all proposed plants. b) A detailed plan of the plantings on the west side of the fence to include at least 1 tree and 18 shrubs. c) A detailed plan of the plantings on the east side of the fence to be approved by the property owner of 2311 Minnehaha Avenue prior to planting. 07-10-06 City Council Meeting 5 d) A detailed plan of the plantings proposed in the rainwater garden. e) A detailed plan for the area north of the Stillwater Road driveway to include hearty plants and/or decorative boulders. f) The replacement of all dead or unhealthy plants previously required. g) The location of all sprinkler heads for the required underground irrigation system (code required). h) In addition to the above, all common grounds shall be sodded (except for mulched and edged planting beds). 5) A revised photometrics plan showing the light illumination from all exterior lights not exceeding .4 foot candles at all property lines. 6) Obtain a permit from the Ramsey County Public Works Department for the relocation of the Minnehaha Avenue driveway. 7) Obtain a permit, if required, from the Ramsey Washington Metro Watershed District for the grading of the expanded parking lot. 8) Submit a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. c. Prior to final inspection of the expanded parking lot by the city the applicant must: 1) Complete all required exterior improvements including parking lot, screening fence, landscaping, underground irrigation, and exterior lighting. 2) Repair all portions of the existing fence (unless a new fence is installed) that are broken or loose. At a minimum, the applicant must replace the existing fence located on the east property line. 3) Stain the existing fence (unless a new fence is installed) and the patio boards to match the new fence. 4) Install the required replacement curb along Minnehaha Avenue. 5) Replace any property irons removed because of this construction. d. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Hjelle Ayes-All Agenda Item I.4 MEMORANDUM TO: Chuck Ahl, Acting City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Conditional Use Permit Review LOCATION: 2350 Minnehaha Avenue PROJECT: 3M Leadership Development Institute DATE: January 23, 2008 for the January 28 City Council Meeting INTRODUCTION The conditional use permit (CUP) for 3M s Leadership Development Institute (LDI) building located at 2350 Minnehaha Avenue is due for review. The CUP was required in order to construct the building closer than 350 feet to a residential zoning district. BACKGROUND On May 9, 2005, the city council approved the construction of the 3M LDI building. Approvals included a CUP to construct a building closer than 350 feet to a residential zoning district (350- foot setback to residential required for all buildings within the light manufacturing zoning district the 3M LDI building is located 325 feet to residential), street vacations to vacate two unused street right-of-ways located within the 3M campus property, a utility easement vacation to vacate a portion of the existing utility easement located within the 3M campus property, and design review. DISCUSSION The 3M LDI building is designed for a number of accelerated leadership learning and development opportunities, including not only high-potential leadership development for 3M worldwide, but also for other leadership training for customers and distributors. 3M opened the LDI facility in the fall of 2006. The building is attractively designed and constructed. All exterior improvements were complete in 2006 including the construction of rainwater gardens and seeding native grass and flowers on the berm along Minnehaha Avenue and around the parking lot. Over the 2007 growing season 3M had difficulty establishing the native plantings around the parking lot due to geese and other variables which prohibited the growth. They are working closely with city staff to replant and monitor the native plantings to ensure they thrive. Native plantings on the berm also have not been successful. 3M is considering removing those plantings and establishing a more manicured look in that area with the planting of turf and additional shrubs. The native plantings on the berm were proposed by 3M and not a requirement of the city. Regardless, modifications to the landscape plan must be approved by city staff at a minimum, unless they are substantial changes at which point the city council would review. id18691515 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com 2 The city is monitoring the rainwater gardens required in the center of the parking lot. These gardens have had a tendency to retain water and will need modifications this spring. The city holds a letter of credit and maintenance agreements to ensure this work is complete. RECOMMENDATION Review the conditional use permit for the 3M Leadership Development Institute at 2350 Minnehaha Avenue again in one year to ensure that the native plantings are established, rainwater gardens function properly, and that all other required exterior improvements are maintained. p:sec36/LDI Review 08 Attachments: 1. Location Map 2. Site Plan 3. May 9, 2005, City Council Minutes Attachment 2 City Council 05-09-05 1 Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:19 P.M. Monday, May 09, 2005 Council Chambers, City Hall Meeting No. 05-09 2. 3M Building #278 a. City Manager Fursman presented the staff report. b. Planner Finwall presented specifics from the report. c. Commissioner Trippler presented the Planning Commission report. d. Dean Hedlund, Project Manager for 3M was present for council questions. e. Brandon Bourdon, Kimley-Horn Engineers provided further specifics from the project. Councilmember Monahan-Junek moved to adopt the following resolution approving a conditional use permit for 3M to build their new leadership development institute/customer center building closer than 350 feet to a residential zoning district within a light manufacturing zoning district. The building will be constructed within 325 feet of a residential zoning district on vacant 3M Campus property (2350 Minnehaha Avenue): CONDITIONAL USE PERMIT RESOLUTION 05-05-074 WHEREAS, Dean Hedlund representing Minnesota Mining and Manufacturing (3M), applied for a conditional use permit to construct a building closer than 350 feet to a residential zoning district. WHEREAS, this permit applies to 2350 Minnehaha Avenue. The legal description is Tract B, Registered Land Survey No. 524, Ramsey County Minnesota; and the Northeast Quarter of the Northwest Quarter of Section 36, Township 29, Range 22, Ramsey County Minnesota. WHEREAS, the history of this conditional use permit is as follows: 1. On April 18, 2005, the planning commission held a public hearing and recommended approval of this permit. City staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. 2. On May 9, 2005, the city council approved this permit. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve 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. City Council 05-09-05 2 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 runoff, 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 costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. The city engineer shall approve final construction and engineering plans prior to issuance of a grading permit. These plans shall comply with all requirements as specified in the city engineering report dated April 12, 2005, which requires, among other items, a traffic study to analyze trip generation for future and proposed development and the installation of two right- turn lanes. Consideration should be given to install a sidewalk or a trail along Minnehaha Avenue for the safety of pedestrians. 2. All construction shall follow the plans date-stamped March 18, 2005, with the revisions as required and approved by the city. The director of community development may approve minor changes. 3. The proposed development must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. 4. The proposed development must meet the requirements of the city building official, the city fire marshal and the Ramsey/Washington Metro Watershed District. 5. No deliveries are allowed during the hours of 10 p.m. to 6 a.m. 6. The city council shall review this permit in one year. Seconded by Councilmember Koppen Ayes-All Councilmember Juenemann moved to adopt the following resolution approving the vacation of two unused street right-of-ways located within the 3M Campus property (Meyer Avenue [north/south street right-of-way] and Margaret Street [east/west street right-of-way]): STREET VACATION RESOLUTION 05-05-075 WHEREAS, Dean Hedlund representing Minnesota Mining and Manufacturing (3M) applied for the vacation of an unused street right-of-way in order to develop a leadership development institute and customer center building; WHEREAS, the legal description of the street right-of-way to be vacated is as follows: Those parts of Meyer Street (formerly known as Meyer Avenue) and Margaret Avenue (formerly known as Margaret Street) lying within the North 900.00 feet of the West 1400.00 feet of the Northwest Quarter of City Council 05-09-05 3 Section 36, Township 29, Range 22, Ramsey County, Minnesota, as dedicated by the plat of Ascension Cemetery, said Ramsey County Minnesota, and lying southerly of the north 33.00 feet of said Northwest Quarter and easterly of the west 76.50 feet of said Northwest Quarter. WHEREAS, the history of this vacation is as follows: 1. On April 18, 2005, the planning commission held a public hearing and recommended that the city council approve the public vacation.The city staff published a 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. 2. On May 9, 2005, the city council approved the public vacation. The city council considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves this vacation, public interest in the property will go to Minnesota Mining and Manufacturing (3M) for the above-mentioned property. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation for the following reasons: 1. It is in the public interest. 2. The street right-of-way is unused. 3. The street right-of-way is not needed for the proposed leadership development institute and customer center building development. Seconded by Councilmember Koppen Ayes-All Councilmember Monahan-Junek moved to adopt the following resolution approving the vacation of a portion of the existing utility easement located within the 3M Campus property: UTILITY EASEMENT VACATION RESOLUTION 05-05-076 WHEREAS, Dean Hedlund representing Minnesota Mining and Manufacturing (3M) applied for the vacation of a portion of a sewer easement in order to develop a leadership development institute and customer center building; WHEREAS, the legal description of the utility easement to be vacated is as follows: Commencing on the east property line of the Ascension Cemetery at a point 321.0 feet south of the centerline of Minnehaha Avenue, which centerline is also the north section line of Section 36, Township 29 North, Range 22 West; thence westerly on an azimuth of 270 degrees, a distance of 332.0 feet; thence bearing southwesterly 226 degrees 38 feet, a distance of 154.88 feet; thence bearing southwesterly 246 degrees 49 feet, a distance of 19 3.96 feet; thence bearing southwesterly 260 degrees 55 feet, a distance of 132.8 feet; thence bearing southwesterly 269 degrees 35 feet, a distance of 371.60 feet; thence bearing southwesterly 238 degrees 14 feet, a distance of 121.85 feet; thence bearing southwesterly 269 degrees 34 feet, a distance of approxi8mately 174.18 feet to the west property line of the Ascension Cemetery and there terminating, all in the Northwest Quarter of Section 36, Township 29 North, Range 22 West, Ramsey County, according to the U.S. Government Survey thereof on file and of record in the office of the Register of Deeds in and for said county. WHEREAS, the history of this vacation is as follows: 1. On April 18, 2005, the planning commission held a public hearing and recommended that the city council approve the public vacation.The city staff published a 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. City Council 05-09-05 4 2. On May 9, 2005, the city council approved the public vacation. The city council considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves this vacation, public interest in the property will go to Minnesota Mining and Manufacturing (3M) for the above-mentioned property. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation for the following reasons: 1. It is in the public interest. 2. The utility easement is unused. 3. The utility easement is not needed for the proposed leadership development institute and customer center building development. Approval is subject to the following condition: 1. The applicant must dedicate a new utility easement to the City of Maplewood. The new easement must be 20 feet in width and describe the existing sanitary sewer alignment. The easement must be recorded with the county prior to issuance of a building permit. Seconded by Councilmember Koppen Ayes-All Councilmember Koppen moved to approve a parking reduction authorization for the proposed 3M Leadership Development Institute/Customer Center building located on vacant 3M Campus property (2350 Minnehaha Avenue). This reduction will allow the property owner to have 286 parking spaces (147 fewer than the city code requires) for the following reasons: a. The parking requirements for office buildings such as this are generally excessive. b. Fewer parking spaces would preserve green space and lessen storm runoff. c. The applicant has reserved space to add 147 parking spaces should the need arise. Seconded by Councilmember Monahan-Junek Ayes-All Councilmember Koppen moved to approve the plans date-stamped March 18, 2005, for the 3M Leadership Development Institute/Customer Center building located on vacant 3M Campus property (2350 Minnehaha Avenue). Approval is subject to the following conditions: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: 1) Revised engineering and grading plans. These plans shall comply with all requirements as specified in the city engineering report dated April 12, 2005, which requires, among other items, a traffic study to analyze trip generation for future and proposed development and the potential installation of right-turn lanes. The traffic analysis shall determine the need for turn lanes and/or the need for a one way in or one way out. In addition, the applicant shall include an 8-foot-wide bituminous trail along Minnehaha Avenue, extending from the western property line to the eastern edge of the development as determined by the engineering department. The grading plan must also reflect measures taken to ensure the protection of all large trees on the site where possible. 2) Revised landscape plan. The plan should include additional plantings (to include City Council 05-09-05 5 evergreen trees at least 6 feet in height, deciduous trees at least 2 ‰ caliper inches in size, and shrubs) on top of the berm in front of the parking lot to ensure the parking lot is screened from view of the residential properties across the street. The plan should also include a row of evergreen trees to be planted along the west side of the loading dock driveway to ensure the dock is screened from view of the residential properties across the street. The plan should also specify the wildflower mix to meet MnDOT standards and ensure no thistle within the mix. c. Obtain a permit from Ramsey County for construction on county right-of-way for the driveway access, utility work, and sidewalk. d. Watershed district approval. e. To ensure the building does not straddle a property line, the applicant must submit documentation that 3M has initiated the process with the Ramsey County Property Tax office to combine the two lots for tax and identification purposes. f. A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. g. Review the lighting plan with city staff for the light standards, height, and luminary fixtures to ensure the plan meets the city s lighting requirements and does not pose a nuisance to the surrounding residential properties. h. The applicant shall complete the following before occupying the building: 1) Replace any property irons removed because of this construction. 2) Provide continuous concrete curb and gutter around the parking lot and driveways. 3) Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas except the rainwater gardens and native planting areas. 4) Install all required outdoor lighting. 5) Install the required sidewalk or trail along Minnehaha Avenue. i. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. j. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Monahan-Junek Ayes-All Agenda #I-5 AGENDA REPORT To: Acting City Manager From: Chief of Police David J. Thomalla Subject: Metro Gang Strike Force Grant Agreement and Resolution Date: January 9, 2008 Introduction The Police Department wishes to renew a Grant Agreement with the Metro Gang Strike Force, under which we will receive $40,000 for a Gang Strike Force Officer. City Council approval is required for acceptance of the Grant Agreement as well as the Resolution Authorizing Execution of Agreement. Background Last year the Police Department received a $40,000 grant from the Metro Gang Strike Force. This grant money was used toward the salary of an officer serving on the Gang Strike Force. We have been offered the same grant opportunity this year, and City Council approval is again required to renew the Grant Agreement and Resolution Authorizing Execution of Agreement. Under the terms of the grant, Chief David Thomalla is to be the City s Authorized Representative for administering this grant. Under the Legal Authority to Sign Grants section of the Resolution, it states that, Every contract, conveyance, license or other written instrument shall be executed on behalf of the city by the mayor and clerk, with the corporate seal affixed, and only pursuant to authority from the council. Or, signature by person/authority named in resolution by city council identifying who may sign grant contract. Recommendation It is recommended that the City Council approve the acceptance of this $40,000 grant, that approval be given to the Resolution Authorizing Execution of Agreement, and that a decision be made as to who shall sign these documents on behalf of the City of Maplewood. Action Required Submit to the City Council for review and action. DJT:js id18696875 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com AGENDA REPORT TO: City Council FROM:Charles Ahl, Acting City Manager Tom Ekstrand, Senior Planner DuWayne Konekwo, Deputy Director of Public Works SUBJECT: Comprehensive Plan Updates, Consider Contract Amendments with McCombs Frank, Roos and Assoc., Kimley-Horn Associates, SEH, Inc. and Applied Ecological Services, Inc. for Updates to all Chapters of Comprehensive Plan DATE: January 23, 2008 INTRODUCTION At the September 10, 2007 meeting, the City Council approved retaining consultant services for preparation of the first phase of the Comprehensive Plan. Planning and engineering staff have worked with a number of the consultants and have prepared a program to begin the preparation of the final phases of the overall work. This work plan should result in a completed and updated Comprehensive Plan that guides the City for the next 10-20 years. Authorization of the Professional Services for these consultants is recommended. Background On September 10th, the Council approved a recommendation to begin the Parks, Trails and Open Space portion of the Comprehensive Plan with the firm of Schoell Madson, along with beginning an update of the nine components of the overall Comprehensive Plan. Schoell Madson was the firm selected through a competitive process to prepare the Comprehensive Land Use Study as part of the South Maplewood Moratorium process. The firm of Schoell Madson no longer exists. The firm was purchased and merged with McCombs Frank Roos (MFRA) in November 2007 [see attached notice memo from November 2007]. A majority of the employees who worked with Schoell Madson transferred to MFRA. The Council authorized $21,830 of work with Schoell Madson that transferred to MFRA as part of the merger. The Council also authorized $9,800 of work with Kimley Horn Associates (KHA) for the Transportation Component of the Comprehensive Plan. There are no changes proposed to the Transportation work by KHA. City planning and engineering staff met with MFRA representatives, KHA representatives, and with a representative from SEH, the firm that prepares the Non-Degradation Study of our storm drainage system, to coordinate the overall project scope and to avoid duplication of services. Planning and Engineering staff did not consider returning to a full competitive solicitation process for these services due to work that is on- going. The reasons include the background information that Schoell Madson has with the South Maplewood Study that will be a large component of the Comprehensive Planning and the major background information that KHA has from the 2003 study work that they have completed. Additionally, KHA is currently an active member of the City s consultant pool and assisted staff in the preparation of the Sewer Study Component of the Comprehensive Plan in 2003 in consultation with SEH. Each of these processes looked at a competitive solicitation of firms for the studies. Because this is a professional service, the competitive selection is not governed by the low bid requirements but nevertheless involves selection of the most effective professionals involved in the overall process and the competitive nature of the pool provides for the lowest cost overall plan. Given each of the firms current involvement in on-going work, it does not appear appropriate, nor is it recommended by the staff, that the process be stopped and opened for a competitive selection process. Agenda Item K1 id18741875 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com Comprehensive Plan Page Two Proposal Review The process for preparation of a Comprehensive Plan needs to begin with the growth and development assumptions prior to the final determinations within the other components. For example, it is not appropriate to complete the work of the Parks, Trails and Open Space or Transportation component without the knowledge from the growth component of the Land Use study. Each of these components must work in unison. A cooperative effort with MFRA, SEH and KHA will provide for the best Comprehensive Plan. Work is proposed in phases to allow check points and updates as necessary and to still meet the June 2008 completion date required by the Metropolitan Council. Attached are proposals for completing the work: 1. MFRA: MFRA, with Rose Lorsung as the lead individual, is proposed to be the lead firm on completion of our Comprehensive Plan. Services are estimated to be $83,699, of which $21,830 have already been authorized. The work scope includes 8 meetings of the Parks, Trails and Open Space (PTOS) Advisory Panel during the next 5 months, along with regular meetings of the staff consultant Technical Committee. We are proposing that MFRA assist staff in preparing a monthly progress update as well as conducting 2 City-wide Open House forums for additional input. The divisions of the work are as follows: a. Phase I, authorized in 2007, Land-Use: $ 8,020 b. Phase I, authorized in 2007, PTOS $13,810 c. Phase II, new work, Land-Use: $51,099 d. Phase II, new work, PTOS $10,770 e. TOTAL MFRA Contract $83,699 2. KHA: Kimley Horn Associates, with Jon Horn as the lead individual, is proposed to complete the Transportation and Sanitary Sewer Components of our Plan along with providing significant assistance in the guidance of our Trails updated work plan that coordinates with our Transportation and PTOS Plan. The new work by KHA will involve coordinating the 2003 Sewer Comp Plan with this version of the plan and to prepare the Capital Improvement Summary. KHA s work is: a. Phase I, authorized in 2007, Transportation Section $ 9,800 b. Comp Sewer Plan, new work $10,600 c. TOTAL KHA Contract $20,400 3. AES: Applied Ecological Services, Inc. is proposed to assist with completion of our natural areas and greenway plan. This is a part of previous Comprehensive Plans that was never completed. With the Community desire to be an environmentally-friendly/green community, an inventory of the natural areas and greenway systems is needed in order to prepare protection plans along with planning for restoration and management of these resources. This is a necessary section to be added to the overall Comprehensive Plan. The work for AES is: a. Greenway Plan, new work $20,300 4. SEH: SEH is our lead consultant for our storm water program, including last year s Non- degradation Plan, with Ron Leaf as the lead individual. The Non-Degradation Plan provided specific guidance for the City in meeting our NPDES Storm Water Permit requirements along with achieving a Surface Water Pollution Prevention Plan (SWPPP). The SEH work required by our Non-Degradation Plan and SWPPP to be included in our Comprehensive Plan is: a. Surface Water Management Plan, new work $65,000 Agenda Item K1 Comprehensive Plan Page Three 5. Total Consultant Work to complete Comprehensive Plan: a. MFRA: $83,699 b. KHA: $20,400 c. AES: $20,300 d. SEH: $65,000 e. TOTAL Consultant Contracts $189,399 f. Previously Authorized in Phase I $ 31,630 g. New work for 2008: $157,769 Budget Impact The funding for this work was included as line items in the 2008 budget. Funding for Phase I was approved as follows: $8,020 to be funded from City Planning budget [101-701-000-4490] $13,810 to be funded from Park Dedication fees [PAC fund 403] $9,800 to be funded from Public Works Administration [101-501-000-4490] The new work is proposed as follows: $51,099 [MFRA Land Use]; Planning Budget [101-702-4490] ; ($89,190 budgeted) $10,770 [MFRA PTOS]; Park Availability Fund [403]; (Balance +$1.1 million) $10,600 [KHA Sewer Plan]; San Sewer Fund [601-508-4490; ($85,000 budgeted) $20,300 [AES Natural Res. Plan]; PAC Fund [403]; (Balance +$1.1 million) $65,000 [SEH Surf Water Plan]; EUF Fund [604-512-4490]; ($65,000 budgeted)* * - Includes a $45,000 carryover from 2007 consultant costs - EUF fund balance is awaiting $150,000 monthly payment from Utility Fee - Expenditures will occur such that a positive balance should exist each month - Finance Manager is working on establishing fund balance information Approval Process On September 10, 2007, the City Council established a multi-commission-community task force, including members appointed by the Park Commission, Environment and Natural Resources Commission, Historic Preservation Commission and a number of Maplewood residents. The membership of the Task Force is currently at 28 members. Staff is suggesting that the Council define the expectations and authority of the Task Force and that this Task Force should be considered the Parks Trails and Open Space Advisory Panel. We have prepared a flow chart that the members of the Consultant Team and staff team working on this process are recommending to the City Council to help establish the lines of communication and responsible liaison members. The PTOS Advisory Panel [formerly the Task Force] would advise and make recommendations mainly to the Environmental and Natural Resources Commission, the Parks Commission and the Planning Commission. Statute requires that the Planning Commission hold a Public Hearing on the Comprehensive Plan, and by ordinance, the Planning Commission s mission should be to implement the goals and findings of the Comprehensive Plan. Thus, staff recommends that we adopt this flow chart and establishes the various liaisons and process for approval, along with expectations for management of the approval process. Agenda Item K1 Comprehensive Plan Page Four Approval Process (cont.) The attached chart then brings along the following assumptions/expectations: 1. The PTOS Advisory Panel will review and make recommendations to the various Commissions with respect to Parks, Trails and Open Space in the community while considering broader topics. Attached is a summary and proposed schedule of the Topic Areas. 2. Each of the Commissions will make their own findings and recommendations on their specific area of responsibility. For example, the ENR will be working mainly on the Natural Resources Plan and Storm Water Management Plans, but coordination will be through the PTOS and Planning Commission liaisons. 3. Recommendations from the PTOS Advisory Panel and the various Commissions will be forwarded to the Planning Commission for the necessary Public Hearing. The Planning Commission will then forward their recommendation, along with the recommendations of the PTOS Advisory Panel and the other Commissions to the City Council for final consideration and approval. 4. Staff will provide the City Council, the Commissions and other interested parties a monthly summary of progress and issues related to the Comprehensive Plan process. 5. Members from the PTOS Advisory Panel and the various Commissions will be expected to attend or provide representatives to the Public Open Houses and may be asked to make presentations to other Commissions on their overall perspective to help guide each Commission in their final recommendations to the Planning Commission and City Council. 6. It is expected that there may be divergent opinions and recommendations from the differing perspectives and Commissions. That is encouraged. The staff and consultants will assemble all the information for the City Council s consideration and will make a professional recommendation for the Council to consider along with the recommendation from the Commissions and Advisory Panel. 7. The goal is to have this process completed by the end of June 2008, so that a six- month neighboring Community review can be completed prior to the final submittal to the Metropolitan Council, which is due by the end of 2008. The six-month process is a suggestion by the Metropolitan Council, but may be shorter. This is an aggressive schedule, but for now is proposed to be followed. The Metropolitan Council has not provided any methods for requesting an extension on their due date, so we anticipate this process will provide the best planning document for Maplewood to meet our needs for the next 10-20 years. RECOMMENDATION It is recommended that the City Council authorize the Acting City Manager to retain the following consulting firms for completion of the Comprehensive Plan as noted: 1. Retain McCombs Frank Roos Associates (MFRA) at a cost of $83,699 to prepare the Parks, Trails and Open Space and Land Use Component of the Comprehensive Plan. An amount of $21,830 has been previously authorized to Schoell Madson, who has merged with MFRA. Funding shall be from the 2008 Planning Budget in the amount of $51,099 and $10,770 from the Park Availability Fund (Fund 403). 2. Retain Kimley-Horn (KHA) in the amount of $10,600 to complete the Sewer Component of the Comprehensive Plan. Funding shall be from the Sewer Fund [601-508-000-4490]. An amount of $9,800 has previously been authorized to KHA. 3. Retain Applied Ecological Services, Inc. (AES) in the amount of $20,300 from the Park Availability Fund (fund 403) for preparation of the Natural Resources Greenway Plan. Agenda Item K1 Comprehensive Plan Page Five RECOMMENDATION (cont.) 4. Retain SEH, Inc. in the amount of $65,000 from the Environmental Utility Fund (Fund 604) for preparation of the Storm Water Management Plan. 5. Adopt the proposed Flow of Communications and Responsibilities for Comprehensive Planning Process chart as proposed by City staff establishing the process and expectations of the Parks Trail and Open Space Advisory Panel and of the Commissions in the Comprehensive Planning Process. Attachment: 1. MFRA Memo on merger with Schoell Madson 2. MFRA Comprehensive Plan Scope of Work 3. KHA Individual Project Order Number 8B for Comprehensive Plan Update 4. AES Maplewood Greenway Plan Proposal 5. SEH Surface Water Management Plan Supplemental Letter Agreement 6. Flow Chart of Communications and Responsibilities for Comprehensive Planning Process 7. PTOS Topic Areas and Schedule Agenda Item K1 2030 Comprehensive Plan DRAFT City of Maplewood DRAFT City of Maplewood Comprehensive Plan Scope of Work The following is a scope of work outlining the tasks, meetings, and other items that MFRA will complete during the Comprehensive and Parks, Trials, and Open Space planning processes. This outline is intended to be a best estimate given what is known today and will be flexible to react to any changing conditions as the plan progresses.The scope also includes the assumption that the 25+ person Parks, Trails and Open Space Advisory Panel will be included in certain parts of the Comprehensive Plan process. It needs to be emphasized that this scope of work and related budget numbers reflect the combination of the Parks, Trails, and Open Space Plan and Comprehensive Plan contracts. This process is being undertaken to simplify and take advantage of the efficiencies of a combined process. Advisory Panel Meetings There will be eight Advisory Panel meetings which will focus on the Parks, Trails and Open Space Plan but will also touch on issues related to the rest of the Comprehensive Plan. Each meeting will be prepared for and facilitated by two of the consultants. Below is a summary of the meetings and what will happen at them. 1.Jan 16th Goals, Process Summary and Update Work $1,170 2.Feb 28th Natural Resources and Conservation Principles $1,170 3.Mar 13th Natural Resources, Water Resources and Conservation Principles $1,170 4.Mar 28th South Maplewood and Natural Resources $1,170 5.Apr 10th Land Use and the Parks System $1,170 6.Apr 24th Transportation and Trails System $1,170 7.May 8th Wrap-up: Chapter Review and Summary $1,170 8.May 22nd Wrap-up: Additional Wrap Up (as needed) $1,170 8 Advisory Panel Meetings Total $9,360 Technical Committee Meetings The Technical Committee will be comprised of city staff and the consultant team. Consultants will only attend the meetings that deal with their area of expertise. These Technical Committee meetings are vital to the success of the Parks, Trails, and Open Space and Comprehensive plans.Technical Committee meetings will be held on a bi-weekly schedule; one on January and two each month from February through June. 2030 Comprehensive Plan DRAFT City of Maplewood DRAFT 11 Technical Committee Meetings $11,800 PTOS Staff Meetings In addition to the Technical Committee meetings, appropriate city staff and consultants will need to meet in order to strategize and facilitate the Parks, Trails, and Open Space Plan. 8 PTOS staff meeting $1,760 Monthly Process Updates MFRA considers communication a foundation to any planning process. Therefore, MFRA will be authoring monthly updates throughout the entire planning processes that will be delivered by City staff to the City Council, Planning Commission and the city s boards and commissions. 8 Monthly Updates to the City s City Council and boards and commissions $1,600 Open Houses There will be two Open Houses for the public to observe and comment on the planning processes. The open houses will focus on Land Use/Natural Resources and the Draft Plan. 2 Open Houses facilitated by the consulting team $6,300 The City s Goals and Strategies The foundation of any plan is found in its goals and strategies section. City staff and the consultant team have been working with elected officials on goal finding exercises. These exercises will form the basis for the goals and strategies section of the Comprehensive Plan. Defining Goals and Strategies $2,800 Land Use Options MFRA will be leading the drafting of a Future Land Use Plan for the City of Maplewood. This plan is the meat of the entire document and requires the most focus and attention. This would also include studying and master planning up to three areas within the City. All mapping needed for this portion of the plan is reflected in the budget number below. Development of Land Use Options and Land Use Plan $17,000 Regulatory Meetings The consultant team will be communicating directly with the City Council, Planning Commission, Environmental Commission and the Parks Commissions several times throughout the process. 2030 Comprehensive Plan DRAFT City of Maplewood DRAFT Also, the consultant team will be meeting the Metropolitan Council (as needed) and adjacent jurisdictions during the approval process of the Comprehensive Plan. 2 Parks Commission Meetings $660 1 Environmental Commission Meeting $330 6 Planning Commission Meetings $3,830 5 City Council Meetings $3,500 1 Joint Meeting with Adjacent Jurisdictions $840 3 Meetings with Metropolitan Council staff (as needed) $1,000 Total Meetings Cost $4,820 Draft Plan Preparation MFRA will be preparing the final plan format. This includes the Parks, Trails, and Open Space Plan, which will be folded into the larger Comprehensive Plan. Document Drafting $10,200Document Review $5,100Document Edits $3,050Process Coordination, Correspondence and Organization $2,300Total Document Cost $20,650 Meetings and Document Preparation Subtotal $76,090 Expenses (paper costs, final documents, and mileage) $7,609 Total $83,699 Assumptions Several assumptions were made in preparation of this work scope and budget. Of the total budget number of $83,699 the Comprehensive Plan is being budgeted for $65,424. The Parks, Trails and Open Space Plan was previously approved for $23,700. Of that total, $5,425 has been spent resulting in a difference of $18,275. The remaining $18,275 is reflected in the above budget.Combing the processes of the Parks, Trails, and Open Space Plan with the Comprehensive Plan means that there are several efficiencies found through staff coordination which means no increased expenses budgeted for the Parks, Trails, and Open Space Plan even with an expanded scope. Phase I of the Comprehensive Plan was budgeted for $8,020 and during that time $14,972 has been charged resulting in an overage of $6,952. However, the majority of that $6,952 has resulted for tasks intended for the second phase of the Comprehensive Plan. This includes additional technical committee meetings to define scope and process for the Comprehensive Plan. Also, a Background Report has been prepared for the City, which compiles and analyzes information related to the City s history, population, housing and economic indicators. This Background Report will be distributed to staff, elected officials and the public to inform everyone on the current status of the City of Maplewood. CityCouncil PlanningCommission Environmentaland Natural ResourcesCommission CommunityDesignReview Board Housing and RedevelopmentAuthority ParksCommission Parks,Trails, and Open Space AdvisoryPanel Staff Liaisons: Chuck Ahl, Tom Ekstrand, and Ken Roberts Flow of Communication and Responsibilitiesfor Comprehensive Planning Process Staff Liaisons:KenRobertsand Tom Ekstrand Staff Liaisons: Shann Finwall and Ginny Gaynor Staff Liaisons: Dewey Konewko and Ginny Gaynor Staff Liaison: Shann Finwall Staff Liaisons: Dewey Konewko and Ginny Gaynor Staff Liaison: Dave FisherStaff Liaison: Tom Ekstrand HistoricPreservationCommissionStaff Liaisons: Tom Ekstrand and Chuck Ahl 1 Agenda ItemK2 Knaak & Kantrud, P.A.A T T O R N E Y S A T L A W OF COUNSEL:Tom Dailey Don Kohler H. Alan Kantrud hakantrud@klaw.us alan.kantrud@maplewood.ci.mn.us direct: 612-743-4242 MEMORANDUM DATE: 22 January 2008 TO: City Council RE: Action of Council from 1/17/08 INTRODUCTION On January 17, 2008 the City Council met for the continuation of their first regularly scheduled meeting of 2008 and their first meeting since the election of City Council member Mr. John Nephew. A vote was taken to remove the current City Manager, immediately, and another to appoint Mr. Bob Mittet as acting City Manager. Both votes passed by a majority of the Council. A reconsideration of the motion to appoint Mr. Bob Mittet to the position of acting City Manger was entertained and adopted. In the course of that reconsideration, Mr. Charles Ahl was appointed acting City Manager and the formal declaration of the intent to remove Mr. Greg Copeland as City Manager was also made and approved. Further discussion with Council regarding possible outside counsel available to advise the City Council of how best to proceed to effectuate a removal of the current City Manager was also had. A promise was made to provide those possible candidates to be given as available. At this time I have three (3) potential candidates for your consideration. id18747296 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com 2 DISCUSSION In researching this issue I sought the counsel of the LMCIT in terms of finding qualified candidates for the work. To be sure I had several people in mind, but I recommend the following plank of lawyers based on their experience and availability and lack of conflict: In no particular order: Mr. Clark Joslin, a solo or small firm practitioner, and the City Attorney for the City of Isanti. Clark has many (28+) years of experience representing City interests and has weathered actions similar to this one with respect to removals of acting city officials. He has committed the time and will provide his services at a rate of $200.00 per hour, with travel time being billed at that rate. Mr. Scott Lepak, of Barna Guzy and Steffen, and the City Attorney for St. Francis. Mr. Lepak has extensive experience in City-related employment matters and has published extensively on such matters. He has expressed interest and availability and has indicated that he would contract with the City at their (his firm s) professional rate of $145.00 per hour. Mr. Michael Waldspurger, of Ratwik, Roszak and Maloney. A recommendation of the League, he was referred based on the professionalism exhibited in similar matter as observed by counsel from the LMCIT. His professional rate as quoted was also $145.00 per hour. He was quite candid and did divulge that he has a previously scheduled vacation pending that would have him out of the office from the last day of the month of January through the first week of February. He assured me that other as qualified counsel would be given the task in his absence.Having working knowledge of his firm and other members of it, I would not hesitate to counsel you that he would be well covered by other members of the staff at the firm. Each candidate is qualified in my opinion to handle the matter as presented by council. The names and biographies, as appropriate, have been sent to you individually for your own purposes and consideration. This is a simple task as I see it, but I fully-respect why you have not given the task to counsel currently under contract with you. I have advised potential counsel of the nature of the matter at hand and all agree to proceed with that understanding of the lay of the land. Beyond that I have not presented the matter to any of the candidates. 3 RECOMMENDATION: That the City Council recommend to Staff the candidate that they wish to engage for the purposes of assisting in the transition of current City Manager to a successor City Manger, said work to include advice regarding statutory procedure as well as contract interpretation, and to authorize the engagement of that person on an hourly basis for that purpose. Said authorization to include the expenditure of up to $5000.00 for that specific purpose. If litigation related to this matter is occasioned, Council is not bound to keep aforementioned counsel and may terminate the relationship without further notice. That you direct the City Manager to engage the candidate for that purpose and grant the authority to let such a contract or sign a retainer agreement consistent with your terms as hereinbefore described. That you authorize your existing City Attorney(s) to work with the contract attorney so engaged to provide such information as required to minimize the costs to the City and to allow the communication of attorney client privileged information to said attorney. (this can be made in one motion) Item L 1 MEMORANDUM TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, City Clerk DATE: January 18, 2008 RE: Intoxicating Liquor License Change of Manager Introduction James Lane, Jr. has submitted an application for an intoxicating liquor license for the Maplewood Moose Lodge located at 1946 English Street. Background Mr. Hartman has lived in White Bear Lake his entire life. He has worked for Ground Round Restaurants for approximately 30 years, 25 of them in St. Paul. After the closing of the Ground Round he was employed by the Backyard Bar and Restaurant from 2003 2006. He is currently the administrator of the Moose Lodge building in Maplewood. Chief Thomalla has met personally with the applicant to discuss measures to eliminate sale of alcohol to underage persons, general security, retail crime related issues, and Maplewood liquor ordinances. As required by city ordinances, the necessary background investigation was completed by the Police Department on Mr. Lane. In the course of the investigation, state criminal history files were checked along with contacts in the cities of White Bear Lake and Maplewood and the County of Ramsey. . Recommendation Nothing was identified in the background check that would prohibit Mr. Lane from holding a liquor license in the City approval of the application is requested. id18752015 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com Item L2 MEMORANDUM TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, City Clerk DATE: January 23, 2008 RE: Wine & Strong Beer Liquor Licenses Introduction Brian Drought has submitted a request for wine and strong beer liquor licenses for Pei Wei Asian Dinner located at 3095 White bear Avenue. Background Mr. Drought has been employed by Pei Wei Asian Diner in the Cities of Woodbury, Eden Prairie and St. Anthony. Chief Thomalla has personally met with Mr. Drought to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime issues, and the Maplewood Liquor Ordinances. In the course of this investigation, state criminal history files were checked along with contacts in the cities of Edina, Eden Prairie, Woodbury, St. Anthony, Minnesota, Birmingham, Michigan, Exeter, New Hampshire and Salt Lake City, Utah as well as the counties of Hennepin, Ramsey and Washington, Minnesota. Recommendation Nothing was identified in the background check that would prohibit Mr. Drought from holding a liquor license in the City approval of the application is requested. id18756921 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com Item L3 MEMORANDUM TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, City Clerk DATE: January 23, 2008 RE: Change of Owner and Manager Intoxicating Liquor License Introduction Mahmood Khan has submitted an application for an on-sale intoxicating liquor license to be used at 1700 Rice Street, currently known as the Stargate Bar and Dance Club. Mr. Khan is in the process of purchasing the business. Background Mr. Khan was born in Pakistan and moved to the United States in 1975. He has managed numerous restaurant and bar establishments since 1980. In 1986 he joined the National Guard, where he has served in an active duty capacity since. He will soon be retiring from the Guard and based on the approval of this application will be the operating Manager of Stargate beginning March 1, 2008. Mr. Khan has been given a copy of the City Code of Ordinances that apply to being an intoxicating liquor license holder and has met with Chief Thomalla personally to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime related issues. In the course of his background investigation, state criminal history files were checked along with contacts in the cities of St. Paul and Maplewood and Ramsey County. Recommendation Nothing was identified in the background check that would prohibit Mr. Khan from holding a liquor license in the City approval of the application is requested. id18761500 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com MEMORANDUM TO: Chuck Ahl, Acting City Manager FROM:Shann Finwall, Planner, AICP SUBJECT:Moratorium on Dynamic Display Signs DATE: January 22, 2008 for the January 28 City Council Meeting INTRODUCTION On January 17, 2008, the city council directed staff to draft an interim ordinance which would place a moratorium on the construction or installation of dynamic display signs within the city. The moratorium is requested in order to allow the community design review board, planning commission, and city council time to review, draft, and adopt a dynamic display sign code which will address the new LED sign technology. BACKGROUND November 27 and December 4, 2007, the community design review board (CDRB) and planning commission recommended approval of an off-site dynamic display sign code amendment. The amendment would allow for off-site dynamic display signs with a conditional use permit and with the removal of an existing off-site static sign. December 10, 2008, based on the settlement agreement with Clear Channel and the city attorney s interpretation of the city s sign ordinance in relation to the LED billboard signs, the city council adopted an amendment to the city s prohibited sign ordinance as follows: The following signs are prohibited in all zoning districts: Signs that have blinking, flashing or fluttering lights or that change in brightness or color. Signs that give public service information, such as time and temperature are exempt. The amended prohibited sign ordinance language not only allows Clear Channel and other billboard companies to have off-premise LED signs. The prohibited sign code amendment, while not intentional, also would allow on-premise signs with this technology, as long as the sign does not blink, flash or flutter (i.e., changed from one sign face to another without rapid movement). For this reason the city should study and review the sign code and adopt an amendment that would regulate or prohibit on-site dynamic display signs. DISCUSSION The CDRB has begun studying on-site dynamic display signs at their January 8 and 22 meetings. They have requested additional information from staff on which to base their recommendation. Once the CDRB drafts the proposed on-site dynamic display ordinance, the planning commission will review the ordinance and forward their recommendation onto the city council. City staff will present the off-site dynamic display ordinance (previously recommended for approval by the CDRB and planning commission) and the proposed on-site dynamic display ordinance to the city council for approval. Agenda Item L.4 id18768625 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com 2 As directed by the city council, city staff recommends that the city council approve the first reading of the attached interim ordinance placing a moratorium on the construction and installation of dynamic display signs (both on-site and off-site) while these planning studies are ongoing. Staff recommends a moratorium time-frame of six months or until the city council adopts a dynamic display sign code. The planning commission will hold a public hearing on the interim ordinance on February 4 as required by city code with the second reading by the city council to follow February 11 or 25. RECOMMENDATION Adopt the attached ordinance which will place a moratorium on the construction or installation of dynamic display signs to allow time for the city to study and adopt a dynamic display sign ordinance. P:ord\dynamic display moratorium memo Attachment: Moratorium Ordinance 1 Attachment 1 ORDINANCE NO.____ AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND DEVELOPING STANDARDS FOR DYNAMIC DISPLAY SIGNS The Maplewood City Council ordains: SECTION 1. PURPOSE a. The purpose of this ordinance is to protect the health, safety, and welfare of the citizens. b. A dynamic display sign is defined as any sign designed for outdoor use which is capable of displaying a video signal, including, but not limited to, cathode-ray tubes (CRTs), light-emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCDs), other technologies used in commercially available televisions or computer monitors. c. There are within the City three off-site (billboard) dynamic display advertising sign faces. Two are regulated by separate agreement with the City and one has been the subject of ongoing negotiations with the City. d. There is one on-site dynamic display sign contemplated and has been agreed upon at the location along White Bear Avenue in association with the Maplewood Community Center. e. There are also several other on-site dynamic display sign faces in operation within the current City-allowed exceptions/guidelines to the general prohibition on such signs. f. The City Council is concerned about the effects of dynamic display signs upon the traveling public. Such signs pose a potential hazard to the traveling public by the use of bright colorful lights and changing messages. These attention-getting and eye-catching signs may threaten the safety of motorists, cyclists, pedestrians and other users of public streets and property by unnecessarily diverting motor vehicle drivers and others attention away from the road. There are research studies that show the presence of such signs can result in an increase in automobile or other accidents. Persons have contacted city officials complaining about these signs and the distraction they pose to the traveling public who take their eyes off the road in order to watch the colorful lights and changing messages. 2 SECTION 2. Study a. The City Council has authorized a study by the City Manager's Office, the City Attorney's Office, and the Planning Department as well as the other authorized bodies of the City, e.g. the Community Design and Review Board and the Planning Commission, for the purpose of considering the amendment or adoption of official controls relating to the need for additional land use regulations addressing dynamic display signs prior to any further proliferation of such advertising schemes. b. The City Council is concerned that the further placement of any dynamic display signs during the pendency of the above-mentioned study may compromise the results of that study and may harm the public s health, welfare and safety. c. Minnesota Statutes, Section 462.355, Subd. 4, authorizes the City to adopt interim zoning ordinances applicable to all or a part of the City for the purpose of protecting the health, safety, and welfare of its citizens, which ordinance may regulate, restrict or prohibit any use or development within the City for a maximum period not to exceed one year, with a possible extension up to an additional period of 18 months. d. It is hereby found and determined that it is in the best interest of the sound, aesthetic and efficient development of the City as a whole, as well as in the public s health, safety and welfare interests, that the authority granted by the above-mentioned Minnesota Statute be used by the City in conjunction with the above-authorized study. e. The City hereby prohibits the issuance or approval of any zoning certificate, sign permit, building permit or other land use official control for any dynamic display sign. SECTION 3. ENFORCEMENT Sections 1-1 through 1-25 of the Maplewood City Code of Ordinances, entitled ENFORCEMENT POLICY", are hereby adopted in their entirety by reference as though repeated verbatim. 3 SECTION 4. TERM The term of this ordinance shall be for six months or until the city council adopts amendments to the city s sign code as a result of the study. However, the City reserves the right to extend the interim ordinance for such additional periods as may be appropriate, not to exceed a total additional period of 18 months. This ordinance shall take effect after the city publishes it in the official newspaper. The Maplewood City Council approved this ordinance on _________________, 2008. _____________________________________ Mayor Attest: _____________________________________ City Clerk Agenda Item L5 MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Planning Commission's 2007 Annual Report DATE: January 3, 2008 INTRODUCTION The city code requires that the planning commission prepare an annual report to the city council by their second meeting in February. This report should include the planning commission s activities from the past year and the major projects for the upcoming year. 2007 ACTIVITIES The commission considered the following requests as noted: 2007 2006 2005 2004 2003 changes to the comprehensive plan 3 4 5 10 8 changes to the zoning map 2 4 4 7 4 preliminary plats 3 7 7 12 5 ordinance changes 3 3 0 1 3 conditional use permits and revisions 11 14 19 21 18 vacations 2 11 8 5 5 variances 6 2 12 2 4 miscellaneous requests and presentations 20 13 8 11 14 Total 50 58 63 69 61 In 2007, the commission, in addition to the items listed above, took a tour of development sites. The commission also reviewed their Rules of Procedure, the South Maplewood Study Executive Summary, and the Gladstone Neighborhood Streetscaping Plans. NOTE: For all the items listed below, the planning commission recommended approval ayes all, unless noted otherwise. 2007 COMPREHENSIVE PLAN CHANGES The commission considered three changes to the comprehensive plan in 2007. Changes PC Action Council Action Gladstone Neighborhood Approved Approved (English Street and Frost Avenue) (4-2) From M-1, BC, BC-M, LBC, R-3(M), R-2 and R-1 to GM, GH and GMU This change was to amend the city comprehensive land use plan maps to make them consistent with the Gladstone Neighborhood Master Plan. id18774031 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com  Peterson Dental Clinic Approved Approved (1670 Beam Avenue) This change was from L (library) and OS (open space) to BC-(M) for the former Ramsey County Library on the southeast corner of Beam Avenue and Kennard Street. The applicant proposed this change to allow the reuse and remodeling of the building into a dental clinic and office space. The Shores Senior Housing Approved Approved (940 Frost Avenue) This land use change was from R-3(M) (medium density multiple dwellings) to GH (Gladstone High) for the proposed Shores Senior housing building. (Note: The city made this change during the adoption of the Gladstone Master Plan). 2007 ZONING MAP CHANGES The commission considered two changes to the zoning map in 2007. Changes PC Action Council Action Peterson Dental Clinic Approved Approved (1670 Beam Avenue) This zoning map change was from F (farm residence) to BC-M (Business Commercial Modified) for the conversion of the former Ramsey County Library building into a dental clinic and office facility. Pond Overlook Approved Approved (2161 County Road D) This change was from F (farm residence) to R-2 (single and double dwellings) for the 10-unit twin home (town house) development approved for this site. 2007 CONDITIONAL USE PERMITS AND REVISIONS The commission considered the following conditional use permits and permit revisions in 2007: PC Action Council Action Ramsey County Correctional Facility Approved Approved (297 Century Avenue South) This request was for a revision to the existing permit for the correctional facility so Ramsey County could expand and remodel the facility. St. Paul s Monastery PUD Approved Approved (2675 Larpenteur Avenue East) This request was for the PUD for the redevelopment plans for the Saint Paul s Monastery property. This plan allows a variety of multiple-family housing on the site. Costco Approved Approved (Country View Drive and Beam Avenue) This request is for the new fuel sales facility and a retail store with a tire service center on the former Country View Golf Course on the north side of Beam Avenue, east of the new Country View Drive.  Keller Lake Convenience Store Approved Denied (2228 Maplewood Drive) This request was for a revision to the existing permit to allow for the addition of a large propane tank on the site for the refilling of smaller propane tanks. Corner Kick Soccer Center Approved Approved (1357 Cope Avenue) This request was for a revision to the existing permit to allow for the expansion of the indoor soccer center, including the addition of a retail center. The Shores Approved Approved (940 Frost Avenue) This request was for a PUD to allow 180-units of senior housing on the site of the former Saint Paul Tourist Cabin site. The Regent at Legacy Village Approved Approved (Legacy Parkway and Kennard Street) This request was for a revision of the Legacy Village PUD to allow for the construction of a new senior housing building with 150 units instead of the 120 units as previously approved by the city. Salvation Army Approved Approved (2080 Woodlynn Avenue) This request was to approve a revision to the conditional use permit for the Salvation Army to add a children s day care center to their facility. Commercial Truck Approved Approved (1003 Century Avenue North) This request was for a conditional use permit to allow the property owner to keep a commercial truck on his property. Schmelz Countryside Motors Approved Pending (1180 and 1200 Highway 36) This request was for a revision to the existing permit to allow Schmelz to expand their motor vehicle sales business onto the site of the former Embers Restaurant. Clear Channel Billboard Tabled Approved (1790 Gervais Avenue) This request was to allow Clear Channel Outdoor to raise the height of a non-conforming billboard 15 feet. MEMBER WHO RESIGNED IN 2007 Michael Grover MEMBERS APPOINTED TO THE PC IN 2007 Joe Walton, Joseph Boeser, Robert Martin  2007 ATTENDANCE Name Appointed Term Expires (12-31) 2007 Attendance Lorraine Fischer 1970 2007 18/19 Joesph Boeser 07-09-07 2007 9/9 Tushar Desai 07-22-02 2007 15/19 Robert Martin 07-09-07 2008 9/9 Michael Grover 05-24-04 2008 (Resigned) 1/4 Gary Pearson 12-10-90 2008 19/19 Dale Trippler 06-08-98 2009 17/19 Jeremy Yarwood 04-11-05 2008 16/19 Harland Hess 02-23-06 2009 18/19 Joe Walton 02-12-07 2009 14/18 As a point of comparison, the planning commission had 18 meetings in 2001, 17 meetings in 2002, 20 meetings in 2003, 18 meetings in 2004, 20 meetings in 2005 and 21 meetings in 2006. 2008 ACTIVITIES The following are the possible activities of the planning commission for 2008: 1. Have an annual tour of development and other sites of interest. 2. Have in-service training sessions or provide educational materials for the planning commission. This might include training or information to help prepare the commission for the update of the comprehensive plan or about redevelopment topics. Other training topics might include sessions about in-fill development, conditional use permits, wetlands (their classifications and buffer areas) the new city tree ordinance, sustainable/green development, septic systems and/or wells. A session with the city attorney reviewing planning and zoning basics (60-day rule, approval standards for CUP s and rezonings, etc.) also would be helpful. Request that city staff update the planning commission about possible upcoming training opportunities on a quarterly basis. 3. Work with the consultants and city staff on any city code or land use plan changes that result from the Gladstone Area redevelopment plan and studies. 4. Work with city staff and other advisory commissions on any city code or land use plan changes that result from the South Maplewood moratorium and study. 5. Work with the consultants and city staff on the 2008 Comprehensive Plan update. 6. Review the PUD ordinance for possible changes. 7. Provide input to the HRA on housing redevelopment and program issues. 8. Study the area west of Hazelwood (along the new County Road D) for land use and transportation issues. 9. Have a tour of the Legacy Village development as construction progresses and of the Gladstone neighborhood as part of the redevelopment study. (The commission and city council may do this as part of the annual city tour.)  10. Study the unit sizes and parking needs for senior housing and possibly propose code amendments or city policies for city council consideration. COMMISSION ACTION On January 2, 2008, the planning commission voted 5-0 to recommend approval of their 2007 annual report. RECOMMENDATION Accept the Planning Commission s 2007 Annual Report. P:\planning commission pc\pc Annual Reports\2007 ann report  MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA WEDNESDAY, JANUARY 2, 2008 VI. NEW BUSINESS a. 2007 Annual Report Planner Ken Roberts presented the staff report of the planning commission s 2007 report and possible activities for 2008. Planner Roberts reminded the commission that any changes should be made to the report before it goes to the city council for review. Commissioner Trippler said he liked the suggested item for 2008 to have in-service training, but wondered how the planning commission could actually get in-service training and education. Mr. Trippler said in-service training was included in the 2005, 2006 and 2007 annual reports possible activities lists. Mr. Trippler suggested training might take place on a night when a commission meeting has been cancelled. The commission discussed with staff possible topics for training such as preliminary training for new commission members, training regarding the comprehensive plan, open space and environmental issues and cluster development information. Commissioner Trippler moved to accept the Planning Commission s 2007 Annual Report. Commissioner Yarwood seconded Ayes all The motion passed. AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM:Michael Thompson, Civil Engineer II Jon Jarosch, Civil Engineer I SUBJECT: Myrtle-Idaho Area Street Improvements, City Project 07-19, Resolution Accepting Preliminary Report and Calling Public Hearing for February 11, 2008 DATE: January 18, 2008 INTRODUCTION The feasibility study for the Myrtle-Idaho Area Street Improvements is complete and is available in the office of the city engineer. Copies will be distributed to council members prior to the meeting. The study includes information on the proposed improvements, proposed financing and probable assessments. The city council will consider accepting the feasibility study and ordering a public hearing. Background The proposed project area is illustrated on the attached project location map. Street and utility improvements for the Myrtle-Idaho Area Streets are listed on the City s Capital Improvements Plan for 2008. These streets are in very poor condition. There is no storm sewer infrastructure present and minimal water quality treatment is currently provided. The residents along all affected streets were contacted via mailings and informed about the City s proposed street reconstruction. Residents with questions regarding the mailing were encouraged to call the Public Works Department. A neighborhood meeting was held the evening of January 15th at the Maplewood Community Center. Approximately 15 residents attended. Budget Impact The total project budget as reported in the feasibility study is $860,149. The project budget detailed in the City s Capital Improvement Plan is $1,250,000. The budget is lower than the Capital Improvement Plan estimate due to the removal of Sterling Street, between Larpenteur and Montana Avenue, from the Myrtle- Idaho Area Street Project. The amount of G.O. Improvement Bonds recommended in the feasibility study is $570,005. The following is a comparison in expenses between the current proposal and the Capital Improvement Plan. The last CIP was completed in 2007. Financial Source Feasibility Recommendation 2008-2012 CIP Estimate Special Assessments $ 225,144 $ 437,500 Sanitary Sewer Fund $ 50,000 $ 50,000 Driveway Program $ 15,000 $ 0 City GO Improvement Bonds $ 570,005 $ 725,000 TOTAL ESTIMATES $ 860,149 $1,250,000 RECOMMENDATION It is recommended that the city council approve the attached resolution accepting the report and calling for a public hearing for 7:00 p.m., Monday, February 11th, 2008, for the Myrtle-Idaho Area Street Improvements, City Project 07-19. Attachments: 1. Resolution 2. Location Map 3. Executive Summary Agenda Item L6 id18779968 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted August 27th, 2007, a report has been prepared by the city engineering division with reference to the improvement of Myrtle-Idaho Area Street Improvements, City Project 07-19, and this report was received by the council on January 28th, 2008, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the Myrtle-Idaho Area Street Improvements in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $860,149. 2. A public hearing shall be held on such proposed improvement on the 11th day of February, 2008 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Approved this 28th day of January 2008 CITY OF MAPLEWOOD MYRTLE-IDAHO AREA STREET IMPROVEMENTS CITY PROJECT 07-19 EXECUTIVE SUMMARY The Feasibility Study and Report have been prepared for the Myrtle-Idaho Area Street Improvements, City Project 07- 19. The proposed project involves complete reconstruction of approximately 0.48 miles of residential street. Proposed drainage improvements consist new storm sewer piping, regional rain gardens, and individual residential rain gardens in order to provide treatment to the impervious areas within the project. Sanitary sewer main spot repairs along with repairs to sanitary services are proposed as part of the project. The water system improvements are proposed to be limited to removing unused service stubs in the right-of-way. The estimated costs for the proposed improvements are detailed below. These costs include allowances for construction cost contingencies and allowances for indirect costs, as detailed in the feasibility cost estimates. Proposed Improvement Estimated Cost Water System Improvements: $ 15,438 (2%) Sanitary Sewer Improvements: $ 53,911 (6%) Drainage Improvements: $ 166,466 (19%) Street Improvements: $ 624,334 (73%) Total estimate project costs: $ 860,149 (100%) It is proposed that the improvements be financed through a combination of special assessments to benefiting properties and Maplewood funds. Estimated funding amounts from each of the financing sources are as follows: Financing Source Amount Storm Assessments: $ 31,860 (4%) Street Assessments: $ 193,284 (22%) Sanitary Sewer Utility Fund: $ 50,000 (6%) Driveway Replacement Program: $ 15,000 (2%) City general tax levy: $ 570,005 (66%) Total Financing Amount: $ 860,149 (100%) The following is a proposed schedule for the project should the city council vote to proceed: Receive feasibility study and order public hearing 01/28/08 Public hearing 02/11/08 Authorize preparation of plans and specs 02/11/08 Approve plans and specs/authorize advertisement for bids 03/24/08 Bid date 04/18/08 Assessment hearing 04/28/08 Accept bids/award contract 04/28/08 Begin construction 05/05/08 Complete construction 09/30/08 Assessments certified to Ramsey County 10/08/08 Based on the analysis completed as part of this report, the proposed Myrtle-Idaho Area Street Improvement project is feasible, necessary and cost effective, and would be a benefit to the City of Maplewood. AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM:Michael Thompson, Civil Engineer II SUBJECT: Kohlman Lane Area Street Improvements, City Project 07-21, Resolution Accepting Preliminary Report and Calling Public Hearing for February 11th, 2008 DATE: January 18, 2008 INTRODUCTION The feasibility study for the Kohlman Lane Area Street Improvements is complete and is available in the office of the city engineer. Copies will be distributed to council members prior to the council meeting. The study includes information on the proposed improvements, proposed financing and probable assessments. The city council will consider accepting the feasibility study and ordering a public hearing. Background The proposed project area is illustrated on the attached project location map. Street and utility improvements for the Kohlman Lane Area Streets are listed on the City s Capital Improvements Plan for 2008. The streets are in poor condition and the area is in need of water and sanitary sewer utilities. Storm sewer infrastructure is very limited and currently minimal water quality treatment is provided. The residents along all affected streets were contacted via mailings and informed about the City s proposed street reconstruction. Residents with questions regarding the mailing were encouraged to call the Engineering Department. A neighborhood meeting was held January 16th at the Community Center and covered scope of work, the construction process, assessments, rainwater gardens, and the overall public improvement process. Budget Impact The total project budget as reported in the feasibility study is $2,314,350. The project budget detailed in the city s Capital Improvement Plan is $2,494,900. The following is a comparison in expenses between the current proposal and the Capital Improvement Plan. The last CIP was completed in 2007. Financial Source Feasibility Recommendation 2008-2012 CIP Estimate Special Assessments $ 566,970 $ 708,000 Sanitary Sewer Fund $1,107,480 $1,199,400 Driveway Program $ 30,000 $ 0 City WAC Fund $ 60,000 $ 60,000 Environmental Utility Fund $ 85,000 $ 85,000 City of Little Canada $ 179,900 $ 157,500 City GO Improvement Bonds $ 285,000 $ 285,000 TOTAL ESTIMATES $2,314,350 $2,494,900 RECOMMENDATION It is recommended that the city council approve the attached resolution accepting the report and calling for a public hearing for 7:15 p.m., Monday, February 11th, 2008, for the Kohlman Lane Area Street Improvements, City Project 07-21. Attachments: 1. Resolution 2. Location Map 3. Executive Summary Agenda Item L7 id18785265 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted August 27th, 2007, a report has been prepared by the city engineering division with reference to the improvement of Kohlman Lane Area Street Improvements, City Project 07-21, and this report was received by the council on January 28th, 2008, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the street improvement of Kohlman Lane Area Street Improvements in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $2,314,350. 2. A public hearing shall be held on such proposed improvement on the 11th day of February, 2008 in the council chambers of city hall at 7:15 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Approved this 28th day of January 2008 CITY OF MAPLEWOOD KOHLMAN LANE AREA STREET IMPROVEMENTS CITY PROJECT 07-21 EXECUTIVE SUMMARY The Feasibility Study and Report have been prepared for the Kohlman Lane Area Street Improvements, City Project 07-21. The proposed project involves complete reconstruction of approximately 0.86 miles of residential street which includes a 0.22 mile stretch of Keller Parkway assuming it will need reconstruction due to water main and sanitary sewer utility extension impacts. Proposed drainage improvements consist new storm sewer piping, regional rain gardens, and individual residential rain gardens in order to provide treatment to the impervious areas within the project. Sanitary sewer spot repairs along with two extensions of sanitary sewer main along Keller Parkway and Kohlman Lane, respectively, is proposed as part of the project. The water system improvements detailed in the cost estimate are for complete extension of water main and services throughout the neighborhood streets except for Linden Lane which is already connected. Water main would be extended from Little Canada. The estimated costs for the proposed improvements are detailed below. These costs include allowances for construction cost contingencies and allowances for indirect costs, as detailed in the feasibility cost estimates. Proposed Improvement Estimated Cost Water System Improvements: $ 496,815 (21%) Sanitary Sewer Improvements: $ 314,917 (14%) Drainage Improvements: $ 153,111 (7%) Street Improvements: $ 1,349,507 (58%) Total estimate project costs: $ 2,314,350 (100%) It is proposed that the improvements be financed through a combination of special assessments to benefiting properties and Maplewood funds. Estimated funding amounts from each of the financing sources are as follows: Financing Source Amount Water Main Assessments: $ 243,540 (10%) Sanitary Sewer Assessments: $ 36,080 (2%) Storm Assessments: $ 48,600 (2%) Street Assessments: $ 238,750 (10%) Sanitary Sewer Utility Fund: $ 1,107,480 (48%) Driveway Replacement Program: $ 30,000 (1%) WAC Fund: $ 60,000 (3%) Environment Utility Fund: $ 85,000 (4%) City of Little Canada: $ 179,900 (8%) City general tax levy: $ 285,000 (12%) Total Financing Amount: $ 2,314,350 (100%) The following is a proposed schedule for the project should the city council vote to proceed: Receive feasibility study and order public hearing 01/28/08 Public hearing 02/11/08 Authorize preparation of plans and specs 02/11/08 Approve plans and specs/authorize advertisement for bids 03/24/08 Bid date 04/18/08 Assessment hearing 04/28/08 Accept bids/award contract 04/28/08 Begin construction 05/05/08 Complete construction 10/30/08 Assessments certified to Ramsey County 10/08/08 Based on the analysis completed as part of this report, the proposed Kohlman Lane Area Street Improvement project is feasible, necessary and cost effective, and would be a benefit to the City of Maplewood. Agenda #L-8 AGENDA REPORT To: Acting City Manager From: Chief of Police David J. Thomalla Subject: Laptop Computers for Police Department Date: 1-14-08 Introduction The Police Department is requesting permission to purchase 20 laptop computers, which will cost approximately $79,700. Background The Police Department s current squad car Panasonic laptops went into service during the summer of 2004. The laptops provide an integral communications link between the emergency communications center and the officers. Additionally, the officers use the laptops to access state databases to search driver licenses, registrations, etc. Many of the laptops are utilized 24 hours a day/7 days a week/365 days a year. The three-year warranty period has expired, and many of the laptops are showing signs of age and are becoming increasingly difficult and expensive to maintain. The 2008 budget contains $80,000 for laptop replacement. Staff has researched pricing and found that Panasonic CF-30 laptops are available by State bid at approximately $3,500 each. This price includes a three-year factory warranty. Panasonic continues to be an industry leader in squad car laptops. Additionally, all of the squad cars are outfitted with laptop mounts that are compatible with the Panasonic brand. Quotes were received from two vendors listed on the State bid, Compar and Insight. The Compar bid was approximately $60 per laptop less than the Insight bid. Also, Compar s bids for the recommended extra hard-drive memory and a one-year warranty extension were slightly lower than the Insight bid. Budget Impact This will cause an expenditure of approximately $79,700 from 2008 budget funds. Recommendation Staff recommends the purchase of 20 Panasonic CF-30 laptops, the additional memory, and one-year warranty extension from Compar. The total expenditure, including tax, will be approximately $79,700. This purchase should provide quality squad car laptop equipment for approximately four years. Action Required Submit to the City Council for review and action. DJT:js id18800750 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com Agenda #L-9 AGENDA REPORT To: Acting City Manager From: Chief of Police David J. Thomalla Subject: Purchase of Carbine Rifles Date: January 8, 2008 Introduction The Police Department is requesting permission to purchase 24 DPMS AP4 14.5 carbine rifles using 2007 budget carryover funds. Background For the past several years, the Police Department has been using M-16 rifles that have been on loan from the United States Army. These rifles are antiquated and don t meet the needs of modern law enforcement. They have a 20 barrel, which is cumbersome and difficult to maneuver in close quarters. They are designed as military weapons to be used outdoors, while our primary use is in confined areas/indoors. They also have non-removable carry handles, which doesn t allow for equipping them with sighting systems and limits the addition of lights and other accessories. The DPMS AP4 14.5 carbine rifles have none of the shortcomings of our present rifles and will meet the department s needs for years to come. They have a shorter barrel, which makes them lighter, more compact, and highly maneuverable. The removable handle also allows the addition of sight systems, light systems and other accessories. Because the DPMS AP4 14.5 rifles have controls and operating systems identical to our current rifles, there should be a seamless transition, with no new training required. Our department also has two officers who are certified armorers who can maintain and repair the weapons. We have obtained a quote for these rifles for $29,598.48. This includes the rifles, lights, mounts and sales tax. Because this price is only guaranteed until February 8 and could rise at any time after that, we need to submit a commitment to purchase before February 8 to lock in this price. In addition, we also request Council approval to purchase 24 optic sight systems in the future for these rifles, at a cost not to exceed $18,888.84. Once our research is complete, this expense would come from the Police Services Forfeiture Fund. Budget Impact It is requested that we be able to purchase these rifles using 2007 budget carryover funds and subsequently purchase 24 optic sight packages from the Police Services Drug Forfeiture Fund. Recommendation It is recommended that permission be granted to purchase 24 DPMS AP4 14.5 carbine rifles for $29,598.48 and 24 optic sights at a cost not to exceed $18,888.84. Action Required For City Council review and action. DJT:js id18811218 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com id18819078 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com Monday, January 28, 2008 SENT VIA HAND DELIVERY To: Maplewood City Council Mayor Diana Longrie Erik Hjelle, Council Member Kathleen Juenemann, Council Member John Nephew, Council Member Will Rossbactr, Cormcil Member Karen Guilfoile, City Clerk, Citizen Services Manager City of Maplewood 1830 County Road B East Maplewood, Minnesota 55 I 09 Fax: 651-249-2009 Re ..MDMABANDU-M DATE:22 January 2008 TO: City Council RE: Action of Council from l/17108" Dear Mayor Longrie, Council Membe(s); Hjelle, Juenemann, Nephew, Rossbach and Ms. Guilfoile: As a Citizen of Maplewood that has brought forth to you several dated documentation that has gone unanswered. I am continuously disturbed regarding the direction that the City of Maplewood, Mayor Longrie, City Council members and City Attomey, H. Alan Ikntrud has taken this city. Further more I am officially requesting the Mayor and Council members to consider the following recommendation to the cunent City Attomey, H. Alan Kantrud's "MEMeBALIDIIM" (see attachment A). 1 From: Elizabeth A. Sletten 2747 N. Clarence Street Maplewood, Minnesota 55 I 09 T el: 7 6f -7 83 -247 3 or 65 | 484-7 07 4 elizabeth00T2comcast.net RECOMMENDATION (this should be made in two motion(s)) l. That the City recommend to StaIf the candidate that they wish to engage for the purpose of assisting in the transition of current City Manager to a successor City Manager, said work to include advice regarding statutory procedure as well as contract interpr€tation, and to authorize the engagement ofthat person(s) on an hourly basis for that purpose. Said authorization to include the expenditure ofup to $5,000.00 for that specific purpose. If litigation related to this matter is occasioned, Council is not bound to keep aforementioned counsel and may terminate the relationship without further notice and shall receive the attomey(s) file in its entirety to include all documents, filet property, and records including attorney notes. That you direct City Manager to engage the candidate for that purpose and grant the authority to let such a contract or sign a retainer agreement consistent with your terms as hereinbefore described. 2. That the City Council seek outside council due to the previous contract executed on November 13, 2006 by Mayor (Attorney) Longrie and Greg Copeland under MN Statute 412.201 and Office of l.awyers Professional Responsibility of Minnesota Rules of Professional Conduct (see attachment B): "4I2.20I EXECUTION OF INSTRUMENTS. Every contract, conveyance, license, or other written instnrment shall be executed on behalf of the city by the mayor and clerk, with the corporate seal affixed, and only pursuant to authority from the council. History: 1949 c l19 s 27; 1973c123art2slsubd2" and .MAINTAIMNG TIIE INTEGRITY OF TIIE PROFESSION' *RULE 8.3: REPORTING PROFESSIONAL MISCONDUCT (a) A lawyer who knows that another lawyer has commifted a violation of tle Rules of hofessional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a la*yer in other respects, shall inform the appropriate professional authority." It is professional misconduct for a lawyer to: 2 *RULE 8.4: MISCONDUCT (a) violate or attempt to violate the Rules of Professional Conduc! knowingly assist or induce another to do so, or do so through the acts of another; (b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other resp€cts; (c) engage in conduct involving dishonesty, fiaud, deceit, or misrepresentation; (d) engage in conduct that is prejudicial to the administration ofjustice; (e) state or imply an ability to influence improperly a govemment agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; (f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable nrles ofjudicial conduct or other law; (g) harass a person on the basis ofsex, race, age, creed, religion, color, national origin, disability, sexual orientation, or marital status in connection with a lawyer's professional activitiesl @) commit a discriminatory act prohibited by federal, state, or local statute or ordinance that reflects adversely on the lawyer's fitness as a lawyer. Whether a discriminatory act reflects adversely on a lawyer's fitness as a lawyer shall be determined after consideration of all the circumstances, including: (l) the seriousness of the ac! (2) whether the lawyer knew that the act was prohibited by statute or ordinance, (3) whether the act was part ofa pattem ofprohibited conduct, and (4) whether the act was committed in connection with the lawyer's professional activities; or (i) refuse to honor a final and binding fee arbitration award after agreeing to arbitrate a fee dispute." lJf,. n.s%- 3 Elizabeth A. Sletten ATTACHMENT A Agenda ltemK2 A T T O R N E Y S AT L A W OF COUNSEL: Tom Dailey Don Kohler H. Alan Kantrud hakantrud@klawus alan.kantrud@maplewood.ci,mn.us direct: 612-7 434747 MEMORANDUM DATE: 22 January 2008 TO, City Council RE, Action of Council from l/17/08 INTRODUCTION On January 17, 2008 the City Council met for the continuation of their first regularly scheduled meeting of2008 and their first meeting since the election of City Council member Mr. John Nephew. A vote was taken to remove the current City Manager, immediately, and another to appoint Mr. Bob Mittet as acting City Manager. Both votes passed by a majority of the Council. A reconsideration of the motion to appoint Mr. Bob Mittet to the position of "acting" City Manger was ente(ained and adopted. In the course of that reconsideration, Mr. Charles Ahl was appointed acting City Manager and the formal declaration of the intent to remove Mr. Greg Copeland as City Manager was also made and approved. Further discussion with Council regarding possible "outside counsel" available to advise the City Council ofhow best to proceed to effbctuate a removal of the current City Manager was also had. A promise was made to provide those possible candidates to be given as available. At this time I have three (3) potential candidates for your consideration. I Knaak & Kantrud. P.A. DISCUSSION In no particular order: Mr. Clark Joslin, a solo or small firm practitioner, and the City Attorney for the City of Isanti. Clark has many (28+) years ofexperience representing City interests and has weathered actions similar to this one with respect to removals of acting city officials. He has committed the time and will provide his services at a rate of $200.00 per hour, with travel time being billed at that rate. Mr. Scott Lepak, of Bama Guzy and Steffen, and the City Attomey for St. Francis. Mr, Lepak has extensive experience in City-related employment matters and has published extensively on such matters. He has expressed interest and availability and has indicated that he would contract with the City at their (his firm's) professional rate of $145.00 per hour. Each candidate is qualified in my opinion to handle the matter as presented by council. The names and biographies, as appropriate, have been sent to you individually for your own purposes and consideration. This is a simple task as I see it, but I fully-respect why you have not given the task to counsel currently under contract with you. I have advised potential counsel of the nature ofthe matter at hand and all agree to proceed with that understanding of the lay of the land. Beyond that I have not presented the matter to any of the candidates. 2 In researching this issue I sought the counsel ofthe LMCIT in terms offinding qualified candidates for the work. To be sure I had several people in mind, but I recommend the following plank of lawyers based on thet experience and availability and lack ofconflict: Mr. Michael Waldspurger, of Ratwik, Roszak and Maloney. A recommendation of the League, he was referred based on the professionalism exhibited in similar matter as observed by counsel from the LMCIT. His professional rate as quoted was also $145.00 per hour. He was quite candid and did diwlge that he has a previously scheduled vacation pending that would have him out ofthe office from the last day of the month of January through the frst week of February. He assured me that other as qualified counsel would be given the task in his absence. Having working knowledge of his firm and other members of it, I would not hesitate to counsel you that he would be well covered by other members of the staff at the firm. RECOMMENDATION: That the city council recommend to Staff the candidate that they wish to engage for the purposes ofassisting in the transition of current City Manager to a successor City il4anger, said work to include advice regarding statutory procedue as well as contact interf,reiation, and to authorize the engagement of that person on an hourly basis for that purpose. Said authorization to include the expenditure ofup to $5000.00 for that specific purpose. Iflitigation related to this matter is occasioned, council is not bound to keep afoiementioned counsel and may terminate the relationship without further notice. That you direct the city Manager to engage the candidate for that purpose and grant the authority to let such a contract or sign a retainer agreement consistent with your terms as hereinbefore described. That you authorize your existing city Attomey(s) to work with the contract attomey so engaged to provide such information as required to minimize the costs to the city and to allow the communication of attomey client privileged information to said attomey' (this can be made in one motion) ) ATTCHMENT B EMPLOYMENTAGREEMENT This AGREEMENT eatered into this 136 day of November, 2006, by and between the City of Maplewood, Minnesota (hereinafter referred to as "City'') and Greg Copeland (hereinafter referrtd to as "Copeland"). WHEREAS, the City originally hircd Copeland as au Ioterim City Manager on or sbout April 1 1, 2006 upon a motion by the City Council which stated that Copeland was to receive the "stBndard city benefits"; and WHEREAS, the City has established a past pattom and practice of signing written contracts with its City Managers that provided benefits such as car allowaoces and severance benefits; and WHER.EAS, the City's oustom of providing such written contracts to its prior City Managers was a benefit to those City Maoagers and therefore clearly falls within the meaning of "standard city benefits" for City Managers; and WIIDREAS, the City now desires to etrter into a wdttm cotrtract for the servic€s of Copeland as City Manager pursuant to the City Council vote to provide Copeland with the "standard city benefits" provided to other City Managers; and WIIEREAS, the City subsequenfly retained Copeland's sen ices as permanent City Maaager purzuant to a motion by the City Council on November 13, 2006 ( a copy of which is attached hereto and incorporated herein by reference as Exhibit A) in which.the City stated that it would perform a job performao,ce review by October 3 1, 2007 and also provided for a severance benefit of 6 months of pay and benefis; and WHEREAS, the following tenns and conditions of the proposed City Manager Cootract are substantially sirnilar to prior contracts arrd ogreements with previous City Managers and hcorporate standard city benefits the sarne as or similar to those previously proyided to other City Managers and as already provided pursuant to the City Coucil by prior motions ; and WHEREAS, Copeland is agreeable to entering into a unitten contract with the City pursuaot to these proposed tenns and cooditions NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: : Section l. Duties The City hereby agrees to employ Copelaad as City Manager ofthe City of Maplewood to perform the functions and duties of City Manager $pecified in State Statutes. City -l I 'I Orclirances, and City Personnel Policies and to perform such other legally permissible and proper functions aod duties as the City Council from time to time shali assign' Section 2. Hte Date Copeland was hired April 11, 2006 as Interim City Manager and, for purposes ofthis Ag.re€ment was hired as pennanent City Monager on November 14, 2006 (the effeotive "Hire Date") at an annual salary of$85,000.00 per yeat. Section 3, Salary The City agreed to pay Copeland for his services rondercd pumuaut hereto an annual base salary of $85,000.00, payable in installnents at the same time as other employees of the City, and amual deferred compensation ofan amount equal to 6% of base salary payable in the sarne manner, The City also a$ees to i:rcrease Copeland' s salary and/or other iinancial benefits in such amounts and to such oxtellt as the City Council may detemine is desirable on the basis of an amual salary review. Adjusunents arc to b€ made on his anniversary date ofNovember 14h ofeach calendar year to a mtximun of95% ofthe govemor's salary as allowed by State Statute, Section 4. Professional Development The City agrees to budget and to pay eligible travel and subsistence expenses trcured by Copeland for his professioual and.offisial travel i! coonection with attendance at couferenc€s, aestings, continuitrg education courses, seminars, and other such occasions undertaken to continue his ptofessional growth and developm€nt and/or to pursue ofrcial City business. Conferences will include, but are not limited to: tLe State Manager's Conference, ICMA Conference and various league of cities conferences. Copeland agrees to use good judgment in outside activities so he wiil not neglect his primary duty to the City. Professional development coruses, other than the conferences listed herein, rvill be subrnitted to the City Cormcil for qpproval. Sectiol 6. Automobile Expenses The City recognizes that Copeland will make extensive use ofhis personal automobils to adequately fulfill the duties snd fuDctions ofhis position. In recogrition thereof, the City agrees to pey Copsland an automobile expense allowance of $550 per month in lieu of mileage and parking reimbursement Seotion 7. Amual Leavo The City hereby vests Copeland with ten days of arulual leave effective his fust day of employment with the City. In additiou, Copeland will acorue 25 days of annual leave per year on a pay period basis. The City agrees to provide alnual leaye in lieu ofvacation and sick leave. Annual leave will be heated liks vacation in that it can be used for any leason aDd it will increase as follows: 5 days will be added at ttre beginning ofthe 5th year, another 5 days will be added. at the beginni.'g of the l2th year atld aaother 5 days will be added after 20 years ofservioe. Annual leave may bs canied over to the trext year pursuant to the Personnel Policy and upo[ teflnbation vrill also be paid out pursuant to 2 the Personnel Policy Section g. Other TeEDs and Conditions of Emfloymeot A. The City Couucii shall fix such other terors and conditions of employment for Copeland as from rimc to time it may dctermine are desirable, provided such tcrrns and conditions are not incoruistent with or do not conflict with the provisious ofthis Agr€ement or L8r ,. B. All regulations, rules and benefits ofthe City relative to terrns and conditions of employment not enumerated in this agreement, as they now exist or herealter may be amended, shall also apply to Copeland as they would to Department Heads ofthe City. Such terEs and conditions of employment shall include, but not b€ limited to, retirement and pension system conhibutions, holiday leavo, community center membership, Section i25 plaos, EAP services, aud coverage for health, dental, disability, and life insurance. In those situations in which the City grants different benefit packages to different groups of employees, Copeland shell be entitled to receive the same benefits provided to City key employees, except as otherwise modified by specific language in this Agreement. Section 10. General Provisions A. The text herein, including the recitals, shall oonstitute the entire Agrcement between the parties hereto. B. This Agreement shall be binding upon and ir:ure to the benefit ofthe hein at law and executors of Copeland. C. This Agreement shall become effective upon Copeland's initial day. of employment with rhe Ciry. D. If any provision or portion thereof contained in this Agreemelt shall be held unoonstitutional, invalid or unenforcealle, it shall be dbemed severablo and the remainder of this Agreement shall not be affected and shall remain in fill fotce and effecl Sootion I L Temrination Benefits The City may terminate Copelaud at any time with or without cause, Copelald can voluntsrily terminate employment with four weeks written notice to tho city. Ia the event tbat Copeland is terminated without cause attributable to him, the City agrees to pay Copeland six months pay and benefits, consistent with pay and benefits in existence at the time. Copeland's rights under M.S.A, 412.641 are preserved. Further, in the event City tenninates employrnent of Copeland, City (City with respect to this clause mesns elected City Council officiFls) shall not disparage, make negative comments regarding this Agreement, or negative or derogatory comnxonts on the Ma::ager's charactir and job perfon:rance with the City. Ifthe City breaches this clause or any portion of this 3 IN WITNESS WHEREOF, the parties hereto have entered into this Agleement, both in duplicate. AGREED TO AND ACKI,IOWLE GED BT.. CITY OF D, MINNESOTA B Its: ACKNOWIJ GED AY,' GREG 4 Ag€ement, then in that even! tho Cily shall pay a peoalty clause ofa lump sum of $100,000.00. If the breach is disputed, or if this Ageeoent is in sny way disputed or challenged, then in that event, it will be decided by biuding arbitation, which shall include a panel consisting ofthree arbitrators, one selected by the Manager, one seleoted by the City, and a third selected by the two selected arbitrators. Ifa ttrird arbitator cannot be selecte4 then in that event, both the Manager and the City shall petition tho Ramsey County District Coud, Second Judioial Distdct, for selection ofa third arbitrator. The arbitration shall be binding. The costs ofthe arbitration shall be at the City's expense.