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HomeMy WebLinkAbout2008 02-25 City Council Meeting %+)2(% 1%40);33('-8='392'-0 411SRHE]*IFVYEV] 'SYRGMP'LEQFIVW'MX],EPP 1IIXMRK2S 1. Approval of Claims. 2. Approval of Purchasing a Tandem Axle Truck Body and Plow/Wing Attachments. 3. Approval of Public Health and Environmental Health Mutual Aid Agreement. 4. Conditional Use Permit Review -Kline Nissan (3090 Maplewood Drive). 5. Approval of Stationery Order for City Departments. 6. Approval of Joint Powers Agreement -County-Wide Traffic Enforcement. 7. Approval of Payments a. 2008 Contribution to Northeast Suburban Transit. b. 2008 Membership to MetroCities. c. 2008 Membership to Municipal Legislative Commission. J. AWARD OF BIDS K. UNFINISHED BUSINESS 1. Idaho Street Improvements, City Project 07-19 a. Consideration of Idaho Avenue Overlay Option. 2. Woodlynn Village TIF Guarantee/ Release of Escrow L. NEW BUSINESS 1. Community Design Review Board 2007 Annual Report. Carried over from 02.11.08. 2. Visitor Presentation Discussion. Carried over from 02.11.08. 3. Citizen Committee for Ordinance Review. Carried over from 02.11.08. 4. Budget Modifications -Revisions to Management Structure and Creation of Assistant City Manager/Community Development Director Position. Carried over from 02.11.08 5. Beam Avenue Improvements, City Project 07-26. a. Resolution Accepting Preliminary Report and Calling Public Hearing for March 10, 2008. 6. Consider Increasing Expenditure Limit for Staff from $5,000 to $10,000. 7. Revision of Rules and Procedures for City Council and Council Meetings Manual. 8. Approval of Agreement with Springsted, Inc. for Debt Management Study. 9. Recovery and Burial of City Time Capsule and Budget 50th Anniversary DVD. 10. City Commissions. (No report) M. COUNCIL PRESENTATIONS 1. Caucus/Election Judges -Councilmember Nephew. 2. Metro Transit -Councilmember Rossbach. 3. Ten Most Wanted -Councilmember Hjelle. N. ADMINISTRATIVE PRESENTATIONS 1. Absentee Ballot Question -Karen Guilfoile 2. Announce Council-Manager Workshop on March 3 at 5:00 p.m. 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. Agenda Item E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 4:30 p.m., Monday, February 11, 2008 Council Chambers, City Hall Meeting No. 4-08 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 4:35 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present at 5:45 p.m. Kathleen Juenemann, Councilmember Present John Nephew, Councilmember .Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Councilmember Rossbach requested an update reg~rciing the openings there are on the various boards and commissions during New Business. Councilmember Juener~~ai~n stated that Colleen Naughton (Police Civil Commission interviewee) sent an email to staff stating that she was urt~ble to make the interview at 5:30 this evening but she would like to be c©nsidered at another firne. Councilmember Nephew meVed==to-at~prove the agenda as amended. Secaided -~y Counci6rtl~rrtE~er Rossbach. Ayes -All D. NEW BUSINESS a. = Board and Commission Interviews The Council asked individual questions of each applicant. Them are is ot~e opening on the Parks and Rec Commission due to a recent resignation and there are three commissioners that are reinterviewing for a position on the Parks and Rec Comrrrission but Carolyn Peterson was the only one available this evening. There is one opening on the Environmental & Natural Resources Commission, and one opening on the Police Civil Service Commission. Steven Gunn is reinterviewing for a spot on the Police Civil Service Commission. i. Carolyn Peterson- Parks and Rec Commission 4:30 p.m. ii. Dale Trippler - Environmental and Natural Resources 4:45 p.m. iii. Steven Gunn - Police Civil Service Commission 5:00 p.m. February 11, 2008 City Council/Manager Workshop Minutes iv. Colleen Naughton - Police Civil Service Commission 5:30 p.m. (Colleen Naughton was not available to interview today but would like to reschedule her interview for the Police Civil Service Commission). The council took a recess at 5:25 p.m. and reconvened at 5:45 p.m. Councilmember Hjelle arrived at the council meeting at 5:45 p.m. v. Thomas Riddell - Police Civil Service Commission _; 5:45 p.m. vi. Joshua Richter - Housing and Redevelopment ACathority 6:00 p.m. The council voted on the applicants and turned the res~ult_s into staff. _ __ The Council will announce the appointments at the__February 25, 24a8,_council meeting. __ E. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:07 p.m. February 11, 2008 City Council/Manager Workshop Minutes 2 Agenda Item E2 SPECIAL COUNCIL MINUTES CLOSED SESSION MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, February 11, 2008 Council Chambers, City Hall Meeting No. 4-08 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:35 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 Mayor Longrie moved approval of the agenda: Seconded by Councilmen~k~er Rossbach. Ayes - fill D. NEW BUSINESS None. E. OLD BUSINESS a. Report on Negotiations for 2007-2{~~8 Contract between the City of Maplewood and Maplewood Confidential and Supervisory Association. The meeting was closed pursuant to MN State Statutes, Chapter 13 for the council to discuss ~antract negotiations be ween th;e city of Maplewood and the Maplewood Confidential and Supervisory Association.. F. ADJOURNMENT Mayor Longrie. adjourned the meeting at 7:00 p.m. February 11, 2008, Special City Council Meeting Minutes/Closed Session Agenda Item E3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, February 11, 2008 Council Chambers, City Hall Meeting No. 4-08 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 Pr es~nt D. APPROVAL OF AGENDA Acting City Manager, Chuck Ahl requested. that the agenda order h~ changed to making Appointments/Prese~~tatit3n item F., Public Nearirt€~s Item G. arttl Visitors Presentations item H. because a staff member huci used an old agenda format. Mayor Longrie added a Procla~~i~tion under itern_Appointments/Presentations. K3. Subd.A. (CI©seci Sossi©r~l --- added key City=Attorney, Alan Kantrud M1. Caucus%Elecfiion Judges -added by C©uncilmember Nephew N12. Metro Transit - ridded by Councilmember Rossbach fvt3. 10 Most 1/Vanted -added by Councilmember Hjelle :Councilmember Nephew moved to approve the agenda as amended. Secrir~ded by Councilmember Rossbach. Ayes -Mayor Longrie, Councilmembers Juenemann, _ Nephew, &Rossbach Nom- Councilmember Hjelle E. APPROVAL OF MINUTES Councilmember Juenemann moved to approve the minutes of January 28. 2008. Special Closed Session Meeting Minutes. Seconded by Councilmember Nephew. Ayes -All February 11, 2008, City Council Meeting The motion passed. Councilmember Nephew had an addition to page 15, item 4. Dynamic Display Signs Moratorium Ordinance (First Reading). He wanted it added for the record that he supported the Dynamic Display Sign Moratorium but voted against the motion because he felt the Maplewood Community Center sign should have been subject to the moratorium which he had stated during the discussion but that was not included in the minutes. Councilmember Juenemann had a minor correction on page 15, item ~. Planning Commission's 2007 Annual Report. Her motion was to "accept" the Planning Commission 2007 Annual Report instead of a-pp~ev+~ the report. Councilmember Nephew moved to approve the January 28. 2008. City Council Meeting Minutes as amended. Seconded by Councilmember Juenemann. Ayes -All The motion passed. F. APPOINTMENTS/PRESENTATIONS This Proclamation was added clr~ring the approval of #he,agenda by Mayor Longrie. Mayor Longrie read aloud and presented the Proclamation for the High Steppers. Councilmember Rassbac#~ moved to accept the Proclamation for the High Steppers. Proclamation Whereas, The Maplewood HEghsteppers. Maplewood's Figure Skating Club Intermediate Synchronized Skating Team, has placed.4`~' in the Midwest Sections, qualifying the team for the National Championship in Providence, Rhode Island; Vti/hereas, Maplewood Highstepper Day, will recognize these young athletes accomplishments as one of the '12 most elite synchronized skating teams in the United States with an opportunity to qualify and to compete at an international level; Whereas,. we are prod of the achievement of these student athletes that range from 14 to 18 years ~f_age and encourage our community to sponsor them as they travel to the National Competition Whereas, the team will be performing an exhibition on Sunday, February 17, 2008, in preparation of their travels to Rhode Island; NOW, THEREFORE, the Maplewood City Council declares that February 17, 2008, is, hereby dedicated and proclaimed as: Maplewood Highsteppers Day in recognition of the team's accomplishments as they represent the City of Maplewood and its surrounding communities; February 11, 2008, City Council Meeting 2 IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of The City of Maplewood to be affixed this 11th day of February, 2008. Mayor, Diana Longrie ATTEST: City Clerk, Karen Guilfoile Seconded by Councilmember Nephew. Ayes -All - The motion passed. G. PUBLIC HEARINGS 1. Myrtle-Idaho Area Street lrnpravements, City Rroject 07-19 a. Public Hearing 7:00 pay. b. Resolution Ordering Ir~,nvenentAfter Puhlic Hearing (requires 4 Votes) c. Civil Engineer, Michaet~"i~ompsnn pt'~sented the{2~ort d. Public Works Director, C#~~cl: Ahl onswererJ guestioi7s of the council. e. Bob ~,1ift~t, Finance & Ad,~it~st,atian Manager answered questions of the council. Mayor Longrie opened the public hearing. Mayor Longrie said the council had received a neighbcirhood petition regarding this ~~roject which was given to the City Clerk for the record. 'l. Robert Peterson, 252b Idaho Avenue East, Maplewood, addressed the council :.:::anti sh~reci his view against this project. 2. Ann: Fasburgh, 2516 Idaho Avenue East, Maplewood, addressed the council and shared: her view against this project. The second time Ms. Fosburgh spoke she said nine people on Idaho Avenue do not want the project to move forward. 3: Jim Mueller. 1568 Myrtle Street, Maplewood, addressed the council and shared his _ view in f~~r~r of this project. 4. Brian Jents, 1636 Myrtle Street, Maplewood, addressed the council and shared his view an this project. 5. Franceen Thurstin, 1595 Myrtle Street, Maplewood, addressed the council and shared her views on this project. 6. Mr. Leslie Davis, 622 Lowry Avenue, Minneapolis, addressed the council and shared his opinion regarding the debt the country is in. February 11, 2008, City Council Meeting 3 7. Lenora Madigan, 1592 Myrtle Street, Maplewood, addressed the council and shared her disapproval of the assessment charge. Mayor Longrie closed the public hearing. Councilmember Rossbach moved to recommend the removal of Idaho Avenue from the Myrtle- Idaho Area Street Improvements, City Project 07-19. Seconded by Councilmember Hjelle. Ayes= Mayor Longrie, - Councilmembers Hjelle, ---- -Nephew &Rossbach - Counc+lniember Juenemann The motion passed. Councilmember Rossbach moved to adopt the resolution ordering the improvement of the Myrtle- '~'^",~,~a Street Improvements, City Project 07419 end to elireet staff to insert the correct dollar amount for the assessment. RESQLUTION 08-02-0't5 ORDERING IMPRO~JEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the-city council adapted tho 28th day of January, 2008, fixed a date for a council hearing. an the proposed._street imp, eve~ents for the Myrtle-Idaho Area Street Improvements, City Project C37-19, and WHEREAS. ten days m~i[ed notice end two weeks published notice of the hearing was given, and the hearing was duly held on February 11th, 2008, and the council has heard all persons desiring to be heard. an the ,natter and has fully considered the same; =NOW, THEREFORE. BE IT RESOLVEQ BY THE CITY COUNCIL OF MAPLEWOOD, 1~11I~NESOTA: 1; That it is ner_ess~ry, cc~s#-effective and feasible, as detailed in the feasibility report, that the City of M~{~lewood make. improvements to the Myrtle-Idaho Area Street :::...Improvements, City Project 07-19. 2. That Idaho Avenue is hereby removed from the project scope for the Myrtle-Idaho Area StF~~t Improv~rn~nts, City Project 07-19. 3. Such improvei7~ent is hereby ordered as proposed in the council resolution adopted the 11th day of February 2008. 4. The City Engineer is designated engineer for this improvement project and is hereby directed to prepare final plans and specifications for the making of said improvement. 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 $573,470 shall be established. February 11, 2008, City Council Meeting 4 The proposed financing plan is as follows: Financing Plan Myrtle-Idaho Street Improvements, City Project 07-19 GO Debt Service $ 366,176.00 64% Street Assessments $ 144,144.00 25% Storm Assessments $ 23,760.00 4% Sanitary Sewer Fund $ 30,300.00 _ 5% Driveway Program $ 9,090.00 2% Total $ 573,470.00 100% Seconded by Councilmember Nephew. ayes - Cauncilmembers Hjelle, Juenemann, Nephew, & Rosshach Nay -Mayor Longrie -_ The motion passed. 8. Kohlman Lane Area Street Improvements, City Project 07-21 a. Public Hearing 7:15 p.n~. b. Resolution Ordering Impr~ovemeht After Public Waring (requires 4 Votes) c. Civil Engineer, Michael Thompson. presr'nted the report. Mayor Longrie opined the puE~lc hearing. 1. Boh Stine, futu, e .owner of 281 ~ Keller Parkway, Maplewood, addressed the council and shark] .his views in favor of this project. ~ ~ David Cabe~,2843 Meaciowlarktane, Maplewood, addressed the council and "° st~~red his i~iews in favor of this project. 3. Ed Kom~c. 2865-.Meadowlark Lane, Maplewood, addressed the council he asked if - he could hwe a shutoff valve in his house rather than using the city's water. ~. Scott Jailer', 960 Kohlman Lane, Maplewood, addressed the council and shared his apprw~i of this project. 5. Brad Flicek, 969 Kohlman Lane, Maplewood, addressed the council and said he is in favor of this project. 6. Keith D. Bardon, 976 Kohlman Lane, Maplewood, addressed the council and asked where the soil would go from this project. 7. Ray Anderson, 989 Kohlman Court, Maplewood, addressed the council and said he already paid for assessments. He is already hooked up in the street and has the copper and has the valve in the house and he asked what the city was going to do about that. February 11, 2008, City Council Meeting 5 (Civil Engineer, Michael Thompson said the city would work with the neighbors on this situation.) 8. Jim Pogreba, 987 Beam Avenue, Little Canada, addressed the council. He said the assessments were paid in 1968 which never occurred. He assumed he would not be assessed for sewer assessments but he would be assessed for water and curb and gutter. He questioned the water runoff increasing. Little Canada's public hearing is February 20, 2008, and he would find out what his assessment would be from Little Canada. Maplewood and Little Canada would propose entering into a joint powers agreement. 9. Robert York, 970 Kohlman Lane, Maplewood, addressed the council. He asked if the residents could pay the assessment over time. (Chuck Ahl said Maplewood residents will have 15 years to pay ~t ~°~~ interest.) 10. David Taklo, 2770 Keller Parkway, R~aplewood, addressed the council and shared his approval of the project. He asked if the power lines could be put underground at the same time and if the utilities cQUld be extended. (Mr. Ahl stated how expensive that would be.) 11. Elizabeth Sletten, 277 Clarence Street {~a~lewood, addressed the council. She asked if it could be clarified irfexhibit 6 whit nur~~ber the ditch is (she asked that the information be given to her when__the infer rr~~t~on is found by the engineer.) 12. Brett Day,. X51 County Roat~_C. f~la~l~wc~o, addressed the council. He asked several questions of the engineer which were answered by Michael Thompson. Mayor Longrie closed the public .hearing. Councilmember Njelle moved to_a~tarove the ~escil~rtion ordering the improvement of the Kohlman Lane Area Street In7rJrover~7onts. Cit~aject 07-~1. _ ..__ RESOLUTION 08-02-016 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 28th day of January 2008, fixed a date for a council hearing on the proposed street and utility improvements for the Kohlman Lane Area Street Improvements. City Project 07-21. AND VIIHER~A~, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on February 11, 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 Kohlman Lane Area Street Improvements, City Project 07-21. February 11, 2008, City Council Meeting 6 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 11th day of February 2008. 3. The City Engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of-$2,314,350 shall be established. The proposed financing plan is as follows: __ Water Main Assessments: $ - -243,540 (10%) Sanitary Sewer Assessments: $ ~ 36,080 (2%) Storm Assessments: _ $ 48,600. (2%) Street Assessments: $ 238,750 {1Q%) Sanitary Sewer Utility Fund: $ 1,107,480 (48°f~) Driveway Replacement Proyran~.: $ 30,000 (1 °~°) __ WAC Fund: $ b0,000 (3%) Environment Utility Fund: $ 85,000 (4%) City of Little Canada: $ 179,900 (8%) City general tax lew: _$ 285,000 (12%) Total Financing Am~~nt: x_2,314,350 (100%) Seconded by Councilmember Jueneman~~. dyes -All The motion passed... - Mayor Longrie commented that from her prospective this is a good project and that this is more than just a road project, therefpte, the Mayor said she voted for this project. The ebunci took a 5 minute recess. H. VISITOR PRESENTATIONS 1. Mr. Leslie Davis, 622 Lowry Avenue, Maplewood. 2. ~l~ncy Lazaryan, ~#apearing as a state citizen, addressed the council. 3. Bob dick. 2515 White Bear Avenue, Maplewood, addressed the council. 4. Ron Cockrel, 943 Century Avenue, Maplewood, addressed the council. 5. Elizabeth Sletten, 2747 Clarence Street North, Maplewood, addressed the council. February 11, 2008, City Council Meeting 7 CONSENT AGENDA Councilmember Juenemann moved to approve items 2, 5, 6, 10, 11, and 12. Seconded by Councilmember Rossbach. Ayes -Mayor Longrie, Councilmembers Juenemann Nephew, &Rossbach Nay - Councilmember Hjelle 2. Councilmember Nephew moved to approve item 1. Seconded by Councilmember Juenemann. Ares -All 3. Mayor Longrie moved to approve items 3, 4; and 3. Seconded by Councilmember Nephew. Ayes -All 4. Councilmember Nephew moved to approve item 7. Seconded by Councilmember Rossbach. Ryes -All 5. Councilmember Nephew moved to ~~~rave item 9. Seconded by Counciln~err~k~er Juenemann. Ayes -Councilmembers Juenemann, Nephew &Rossbach Nays -Mayor Longrie & Councilmember Hjelle Ap~raval of~~Glairrrs pity Attorney, Alan Kantrud addressed and answered questions of the council. Cc~ur~c:ilmember Nephew moved Approval of Claims. Seconc~et~ key Councilmember Juenemann. Ayes -All The motion gassed. 2. Lawful Gambling Change of Manager -Leslie Nelson -White Bear Avenue Business Association. Councilmember Juenemann moved to approve the Lawful Gambling Change of Manager -Leslie Nelson -White Bear Avenue Business Association. February 11, 2008, City Council Meeting $ RESOLUTION 08-02-017 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the change of manager (Leslie Nelson) is approved for the Dive Bar and AMF Maplewood Bowl. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §34J.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said=pera~iit 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 tc~ the Gambling Control Division for their approval. Seconded by Councilmember Rossbach. Ryes -All The motion passed. 3. Joint Powers Agreements -For Operational and Lifegdard Services With White Bear Lake and Mahtomedi. a. City Clerk, Citizen Services Manar~er. Kneen Guilfo~le nnssrered questions of the city council. Mayor Longrie moved to aG~praue the Joint Pa~wers Agreements -For Operational and Lifeguard Services With Vllttite Bear Lake and Mahtomedi: 2008 JC71NT PQWERS AGREEMENT BETWEEN __THE CITY OF MAHTOMEDI AND THE CITY OF MAPLEWOOD _ REGARD[NG THE OPERATION OF MAHTOMEDI BEACH THIS AGREEMENT, is grade and entered into on the day of , 2008, by ::and between the city. of M/~HTOMEDI (hereinafter referred to as Mahtomedi, or city of Mahtomedi) and the citj! of MAPLEWOOD/MAPLEWOOD COMMUNITY CENTER (hereinafter referred to as Maplewood, or city of Maplewood); both of which are governmental subdivisions of the Stag ~f Minnesota looted in the Counties of Washington, and Ramsey, respectively. PURPOSE It is the- city of Mahtomedi's desire that the city of Maplewood, through the Maplewood Community Center (MCC) hire, train, supervise, and manage personnel to work at Mahtomedi Beach under the terms of, and during the time period set forth in, this agreement, below. AUTHORIZATION The cities of Mahtomedi and Maplewood enter into this agreement pursuant to Minnesota Statute Section 471.59, (2003). February 11, 2008, City Council Meeting g AGREEMENT NOW, in consideration of the mutual understanding as expressed herein, the cities of Mahtomedi and Maplewood agree as follows: 1. Services Provided. The city of Maplewood shall provide the following services: a. Recruit, interview, hire, train, evaluate, supervise and monitor all aquatic staff. Aquatic staff shall consist of lifeguards, water safety instructors, and water safety aides. All aquatic staff shall be employees of Maplewood ancf- Maplewood shall discipline and terminate employees, as necessary. ---- -- i. All aquatic staff working at Mahtomedi.. Beach shall have a minimum of six (6) months experience working at .the MCC, shall be familiar with and follow Maplewood personnel policies, any} shall demonstrate excellent dependability and responsibility. - ii. All lifeguards working at f~1~htnmedi Bach shall maintain the following certifications, at all times during e11~p1~?yinent at Mahtomedi Beach: 1. Current certification in American R~ci-Gross Lifeguard Training. 2. Current certification in CPR for the Rrcafessional Rescuer. 3. Current certification in W~terfrant Lifegu~,r~3ing. iii. All swim=class instructors. working at Mahtomedi Beach shall maintain current certification as ~n Amencarr Red Cross Wafer Safety Instructor. iv. All water-safety aides working at Mahtomedi Beach shall maintain current .certification as a Maplewood Community Center Water Safety Aide. b. Determine and set hor,rs of daily aver ~tir~n for Mahtomedi Beach, subject to final approval -bY the city of Ma#~tomedi (12:OOpn~_~0 7:OOpm, Sunday through Saturday, has been reeori~n~ended hythe MCC). c. Make decisions reg~rcl+ng closing the beach and/or canceling or rescheduling programs due to poor 4v~~ther conditflns. d. Administer and i~ta'intain Mahtomedi Beach and aquatic staff beginning on June 7, 2008, through August 1 ~ 2008 (open swim dates). e. Prov~de;_at Mahtomedi Beach, at all times during the hours of operation during the open swim date. a minimum of two on-duty lifeguards, one of which shall be a Beach Coordinator. Recreation Supervisor, or Head Lifeguard, as described below. The number of lifeguards necessary, in excess of two, will be determined by the MCC, based on demand. Monitor all aquatic staff and ensure that all aquatic staff members maintain current the certifications listed above. Expiration of any required certification shall result in release from employment at Mahtomedi Beach. In the event that any aquatic staff member is released from employment, for any reason, it shall be the duty of the city of Maplewood to February 11, 2008, City Council Meeting 10 replace that employee with another employee who meets all requirements contained in this agreement. g. Administer a swim test to all aquatic staff (speed and endurance), along with other skills tests, to ensure that all aquatic staff are physically and otherwise capable of performing all tasks required of a Red Cross certified Lifeguard. All aquatic staff must achieve "good" or passing standards in the tests before beginning or continuing employment at Mahtomedi Beach. h. Prior to Mahtomedi Beach's opening, the MCC shall assist in the preparation, and opening, of Mahtomedi Beach. i. Conduct a minimum of five (5) in-service training sessions fc~r aquatic staff working at Mahtomedi Beach, throughout the summer. In-services shall consist of both in and out-of- water training sessions. Attendance at these in-service training sessions shall be mandatory. Lifeguarding, teaching or sti~ritiinii,ig skills will be evaluated at the "in-water" in-service and information vital to the success of the aquatic program will be given at the "dry-land" in-services. j. In addition to any other training sessions.- t#ie City Qf Maplewood shall conduct training sessions on Right to Know. RWAIR, and Blood Borne Pathogens. k. Ensure that MCC administrative staff visits f~1~fitcircredi Beach a minimum of once per week during the open swini dues. to criticiue. evaluate. and advise aquatic staff on performance and operation of Mahtomedi Beach. In addition, periodic unannounced visits shall be made by MGC administrative staff to e~~lu~te ori-the-job performance of aquatic staff, and to conduct on-the-job skills testing. I. After evaluating aquatic staff, meet with staff members individually and discuss the staff member`s.. evaluation/cri ique and offer, feedback regarding skills at which the staff member excels and skills upon which the staff member can improve. m:--Ensure that. at all =times during the hours of operation of Mahtomedi Beach, a Head Lifeg~arcJ _is nn duty. A Head Lifeguard, Beach Coordinator, or Recreation Supervisor must be a rninimuin of 18 years of age and have excellent Lifeguarding and leadership skills, as wellas customer-service experience. r~._ Manage pay records and issue paychecks to all lifeguard staff working at Mahtomedi Beach. o. assist with the-daily upkeep and cleaning of the facilities at Mahtomedi Beach, including the t3oa~;hfront, restrooms, and guardhouse. Any maintenance or mechanical problems shall b~ i~~~tnediately reported to the city of Mahtomedi. p. Supply all equipment necessary to day-to-day Lifeguarding operations at Mahtomedi Beach including, but not limited to, one backboard, one rescue board, four rescue tubes, one megaphone, and three sets of snorkeling gear. q. Administer the operation of a swimming lesson program, following the guidelines of the American Red Cross Learn to Swim Program. February 11, 2008, City Council Meeting 11 American Red Cross certified Water Safety Instructors shall teach the following classes: 1. Parent/Child classes. 2. Tot Swim classes. 3. Preschool classes. 4. Level 1-6 classes. ---- ii. Course descriptions for all classes shall be -made available upon request. iii. Registration for all swim classes stall be the responsibility of the city of Maplewood, and all fees collected in Conjunction with swim classes shall be applied to payment for swim-class program and staff expenses. iv. Records shall be kept and be made available regarding the numbers of residents and nonresidents enrolled in t}~e swimming IessC~n program. 2. Insurance. The cities of Mahtomedi and Maplewood mutually agree to indemnify and hold each other harmless for any and all occurrences relating try coordination, supervision, management, instruction, lifeguarding, and all other relevant issues rel7ting_to the coordination and operation of a comprehensive aquatics program. The cities of Mahtomedi and IVtapleweed ~dalt list each other as coinsured for all beach- related activities andlat beach operatigr~_ and n~aintenartce. All insurance policies and/or agreements relatincg fo he~ch-related aotivities and/or maintenance must be reviewed and approved by the .respective city attorneys, city administrator for the city of Mahtomedi, and the city manager for tf~e city of Maplewood. All insurance. policies andlor agreements relating to beach-related activities shall require provide that the issuer notify the cities cif Mahtomedi and Maplewood, individually, at least thirty (3Q) days l~ri~r to the effective date of any policy cancellation, modification, or non-renewal. 3. Swim-area Location. The area of Mahtomedi Beach to which this agreement pertains (swim :area) shall be the sot~them 75 feet of the city of Mahtomedi's beach property fronting White Bear Lake.. 4. Dock Location. The city of Maplewood will assist the city of Mahtomedi with determination of the proper location and f~F€nation of the dock structure. Factors determining the location, formation and adjusti~iei~t will ire teased upon providing maximum safety for patrons and staff. Installation and adjustments of t#~e dock will be performed by the city of Mahtomedi. 5. Compensation. The city of Mahtomedi agrees to provide the city of Maplewood with an annual administrative and employee-expense fee of $23870.25 for services rendered pursuant to this agreement. Mahtomedi shall pay this sum in three payments, under the following terms: a. The first of such payments, in the amount of $7956.75, shall be made to the city of Maplewood no later than June 27, 2008. February 11, 2008, City Council Meeting 12 b. The second payment, in the amount of $7956.75, shall be made to the city of Maplewood no later than August 1, 2008. c. The final payment, in the amount of $7956.75, shall be made to the city of Maplewood no later than August 29, 2008. 6. Data Compliance. The city of Maplewood agrees to comply with the Minnesota Data Practices Act and all other State and Federal laws relating to data privacy of confidentiality. The city of Maplewood will immediately report to the city of Mahtomedi any_ request from third parties for information relating to this agreement. The city of Maplewood agrees to promptly respond to inquiries from the city of Mahtomedi concerning data requests;. The city of Maplewood agrees to hold the city of Mahtomedi, its officers, and employees harmless for claims resulting from the city of Maplewood's unlawful disclosure or use of data proter_ted under State of Federal laws. 7. Discrimination and Harassment Compliance. The- city of Maplewood agrees to abide by the requirements of the Americans with Disabilities Act of 1990 (ADA), the- Human Rights Act (Minnesota Statute Chapter 363), and Title 7 of he Civil Rights Act of 196. These laws deal with discrimination based on race, gender: disability, relicdion, sexual preference and sexual harassment. Violation of any of the above laws awill render :this agreement terminable at the discretion and election of the city of Mahtomedi. 8. Termination. This agreement shall terminate on Septe,r~ber 7, 2008. In the event that this agreement is terminated prior to that date due to mutual agreement of both parties or pursuant to paragraph (7) above or (10) below,campensatiar~ shall be paid to the City of Maplewood on a pro-rated basis using the total compensation by nunlher of days of the agreement multiplied by the total number of days _the agree,x~ent was in effect; less any payments made prior to termination. 9. Breach. Upon breach of any term of this agreement, the non-breaching party shall send written notice of the hreach to the hreaching party. The breaching party shall have 10 days to cure the breach, or provide. satisfactory renjedial procedures to non-breaching party, and reimburse non- breaching party for any and ai( costs assaci~ted with the breach including attorney's fees. Failure to cure=stt~ii-.constitute grounds for termination of this agreement. Further costs incurred due to the uncuredhreae}~ shall constitute "damages" payable by the breaching party. 10_ Notices. Any ncitice. demand, or correspondence authorized and/or required under the ~c~r~ement shall be ~n writing and shall be delivered by hand or sent via certified mail to the other party ~s listed below. IN WITNESS WHEREC?F. the parties hereto have caused this Agreement to be executed effective this day of , 2008, and shall remain binding and in effect until such time as the city t~f M~titomedi makes final payment to the city of Maplewood, according to the terms set forth in this-ac~r~ement. This agreement may be extended or renewed beyond the date of termination, by electi~in and execution of and by both parties hereto of a document of renewal or extension setting forth the terms of the renewal or extension. February 11, 2008, City Council Meeting 13 CITY OF MAHTOMEDI: Dated , 2008 600 Stillwater Road Mahtomedi, MN 55115 By Mayor AND By City Administrator CITY OF MAPLEWOOD: 1830 County Road B East Maplewood, MN 55109 Dated , 2008 By :Mayor AND By City Manager JOINT. POWERS AGREEMENT BETWEEN THE T01NN~ OF WHITE BEAR AN^ THE CITY_OF MAPLEWOOD ~~~ REGARDING LIFEGUARD SERVICES THIS AGREEMENT, .nude and entered into on the day of 2008, by and between the Town of White Bear (the TOWN), and the City of Maplewood/Maplewood C~i~~munity Center ~MCG ); both of which are governmental subdivisions of the State of Minnesota located in the County ~f Ramsey. PURPOSE 1. The ~G~iN has leased, from the County of Ramsey, the property located on the south shore ~f.Vt~hit~ Bear Lake in the Town of White Bear, known as "Bellaire Beach". 2. The TOWN is desirous of having MCC hire, train, and manage all beach personnel who work at "Bellaire Beach" from May 24, 2008 to September 1, 2008 (Labor Day). 3. Minnesota Statutes, Section 471.59, provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they are exercised. February 11, 2008, City Council Meeting 14 AGREEMENT Now, therefore, in consideration of the mutual undertakings herein expressed, the Town of White Bear and the City of Maplewood/Maplewood Community Center, agree as follows: 4. That MCC shall provide the following services: a. MCC will determine the hours of operation for Bellaire ;beach based upon TOWN recommendations. MCC will be responsible for the operations at Bellaire Beach from May 24, 2008 through September 1, 20Q8 ~Lahor Day). The beach shall be open only on weekends and Memorial Day until June 7. 2008 at which time regular hours shall commence. The beach shall beopen ar~ly nn weekends and Labor Day after August 17th, 2008. In the event of poor weather conditions, the MCC will be responsible for the decision of closing the beach...... MCC will also be responsible for opening and clasii~t~ the beach facility on==a daily basis and administration of keys to persor~n~L b. Recruit, hire, train and evaluate alllffeguard stiff. MCC will hire, train, evaluate, discipline and terminate employees. c. Manage pay records and issue paychecks- to all aquatic personnel working at Bellaire Beach. d. Ensure employees working ~t Bellaire- Beech are employed by the City of Maplewood and follow all l~1~I~I~wo~cf bet's©t~t~el policies. Employees must meet the mmin~un~ i'ottuirement~ tt3_vvQrKin the appr~~i-iate position. LifeguaFt~. • All lifeguards hired r~~tast halci a current- certificate in American Red Cross Lifeguard Training and CPRrAED for the Professron~l Rescuer. The MCC -will monitor Aquatic Staff certifications to be sure that all certifications remain current. • All Aquatic Staff is required to maintain current certifications. Expired certifications will result in being released from duties. • fr7 the event of art expired certification, the MCC will remove the person, fill their shift with certi~ietl staff aril make every attempt to renew the individual's certification in order to return td wor€c as soon as possible. • In an effort to encourage fitness and develop strong lifeguards, the MCC will administer the Cooper Swim Test to all lifeguards at the start of their employment along with other skill tests. These skills are also performed periodically throughout the year at mandatory in-service trainings. February 11, 2008, City Council Meeting 15 • Lifeguards who are not achieving "good" standards according to the Cooper Test will need to attend additional training sessions conducted by certified lifeguard Training Instructors and Water Safety Instructors. This will help to improve their swimming skills. Lifeguards who are selected to work at the beach must be American Red Cross Waterfront Certified, have six months experience working at the Community Center, and have demonstrated excellent dependability and responsibility. These high expectations are to insure that all staff who are working off site are aware°of and following Maplewood policies and work well independently. • The TOWN will be able to participate in the final selection of guard staff should they desire, but the final hiring selection shall solely be tl~e responsibility of MCC. e. Give an orientation to lifeguard staff on beach management, rules and regulations, preventive responsibilities, emergency procedures, operation of facility. suggest in-service training curriculum of the Bellaire Beach 2p~8 summer season. f. Administer Bellaire Beach for the entire: 2008 beach season. g. Conduct minimum of five in-service training- sessiat~s done every two weeks). In-services consist of both in and out pf water training sessions. Attendance at these in-service training sessions will be mandatory. Life guarding skills will be evaluated at the "in-water" in-services and information vital to the success of tie aquatic program will be given at "dry-land" in-services. h. Visit Bellaire Beach--a minimum of once pe, tiveek during the months of June through August, to_~ritique and__advise stiff on operations end gather input from participants. There wiN be an Acluatir Program Representative or Head Lifeguard available on site durinc~_ times that the bearfi is open. Head lifeguards must be a minimum of 18 years of age and have excellent guarding, customer service, and leadership skills. i. MCC administrative staff will also conduct "On the Job Evaluations" for lifeguards ~~:n~dir:ally throughout the year without previous warning to the staff being evaluated. The skills evaluated+n an "On the Job Evaluation" may be guarding technique, CPR skills, first aid skills. and prevention of accidents. After evaluating the lifeguard, the administrative staff will..nieet with the staff individually and discuss any critiques, or comments that they have to improve life guarding or teaching techniques. j. Al! employees v~ri31 be evaluated for their performance formally at the end of the summer season. Emplaye~s will also be evaluated on a less formal basis midway through the suirrn~er. k. Ensure staff f©Ilows all policies and procedures as authorized providers of the St. Paul Chapter of the American Red Cross. Oversee the daily upkeep and cleaning of the Beach facilities including the guard house and toilets. Any maintenance or mechanical problems will be immediately reported to the TOWN. February 11, 2008, City Council Meeting 16 m. Oversee use of other Bellaire Beach facilities including picnic shelter, picnic tables and grounds. Patrol the entire park once per day to clean-up litter, empty trash receptacles into park dumpster as needed. Clean beachfront daily including removing weeds and other debris from shoreline. Remove weeds and remove trees which tend to grow in shallow water areas of beach. n. MCC agrees to abide by the requirements and regulations of the Americans with Disabilities Act of 1990 (ADA), the Human Rights Act (Minnesota Chapter 363), and (Title 7) of the Civil Rights Act of 1964. Violation of any of .the above laws can lead to termination of this agreement. 5. That the TOWN will provide the following services: a. Provide proper signage for beach. b. Reimburse MCC for lifeguard salaries (as outlined by MCC) on a monthly basis. c. The TOWN hereby agrees to j~€'ovide MCC with: ~n annual fee of $1 ~G77, payable in three (3) monthly payments of-$5559 undr/rthe following terms: 1. The first payment shall he made to the City of tl~laplewood no later than June 27, 2008. 2. The second payment shill be r~~~cie to the City ~f 1\Aaplewood no later than August 1, 2008. 3. The third Oayment shall be n~acie to the City of Maplewood no later than August 29, 2008. d. Thy TOWN agrees to indemnify and hold harmless MCC, its officers, and employees from any liability. ~ aims, damages, cost, judgments, and expenses including attorney's fees ,esuftiny_directly ~r indirectly from an act or omission with respect to the suitahitrty. design, usual rx~air~tenance, and operations of the facilities provided by ~nd_ maintained by the T©WN and its agents. The TOWN represents that said facrarties are suitable for beach operation. e. All policies-of insurance shall require that the issuer notify MCC at least thirty (30) days prior to the effecfly~ date of any policy cancellation, modification, or non-renewal. f.- The TOWN agrees to comply with the Minnesota Data Practices Act and all other State and Federal laws relating to data privacy or confidentiality. The TOWN will immediately report to MCC any requests from third parties for information relating to this 1~greer~,ent. The TOWN agrees to promptly respond to inquiries from MCC conrerniny data requests. The TOWN agrees to hold MCC, its officers, department heads: and employees harmless from any claims resulting from the TOWN's unlawful disclosure or use of the data protection under State or Federal laws. 6. This Agreement will remain in effect through September 1, 2008, and after which time the parties shall meet to discuss any renewal of this Agreement for the following year. February 11, 2008, City Council Meeting 17 7. In the event that this agreement is terminated prior to that date due to mutual agreement of both parties or pursuant to paragraph (n) above or (8) below, compensation shall be paid to the City of Maplewood on a pro-rated basis using the total compensation by number of days of the agreement multiplied by the total number of days the agreement was in effect, less any payments made prior to termination. 8. Upon breach of any term of this agreement, the non-breaching party shall send written notice of the breach to the breaching party. The breaching party shill have 10 days to cure the breach, or provide satisfactory remedial procedures to non-breaching party, and reimburse non-breaching party for any and all costs associated with the_bre~ch including attorney's fees. Failure to cure shall constitute grounds for termination. ~# this agreement. Further costs incurred due to the uncured breach shall constitute damages" payable by the breaching pa~Y• City of Maplewood 1830 County Rd. B East Maplewood, MN 55109 White Bear Township 1281 Hammond Rd. White Bear Township, MN 55110 _ IN WITNESS WHEREOF, the Tnw€~ of_VVhif~ Bear arid_fhe City of Maplewood/Maplewood Community Center have caused this Ag~~ernont o be ex~cutecl on their behalf by their proper officers, Council and Board. -....:TOWN OF WHITE BEAR 931 Hammond Rd. VVtiite Bear Township, MN 55110 By: ROBERT J. VVEtSENBURGER, Chair _ ATTEST: By V1lILLIAM F. SHORT, Clerk-Treasurer CITY OF MAPLEWOOD 1830 County Rd. B East Maplewood, MN 55109 By: And By: CITY MANAGER Seconded by Councilmember Nephew. Ayes -All The motion passed. February 11, 2008, City Council Meeting MAYOR 18 4. Acknowledgement of Receptivity of LCA Funding Award - Commonbond Communities (Trails Edge Townhomes - Larpenteur and Century Avenues). Planner, Ken Roberts reported on this item for the council. February 11, 2008, City Council Meeting 19 Mayor Longrie moved to approve the Acknowledgement of Receptivity of LCA Funding Award - Seconded by Councilmember Nephew. Ayes -All The motion passed. 5. 2008 Animal Control Contract. Councilmember Juenemann moved to approve the 2008 Animal Confrol Contract. ANIMAL CONTROL CONTRACT This agreement made this 1 st day of January, 2008, by and betkveen Animal Control Services, Inc., a Minnesota Corporation, located at 6400 Colfax Ave. N., Brooklyn Center, Minnesota, hereinafter, referred to as "ASCI", and the City of Maplewood, located in the County of Ramsey, and the State of Minnesota, hereinafter r~#erred to as "City", witness to: In consideration of the covenants and agreements,. hereinafter set forth, it is mutually agreed by and between the parties, hereto, as follows: 1. This agreement will be effective as of J~nu~ry 1, 2008; end will continue in effect until December 31, 2008, unless canceled, pursuant to Paragraph 15. 2. "ACSI" agrees to patrol the public streets of the "City" in a vehicle specially designed for the transportation of small animals, in ~ccorcience -with .City Ordinances and a schedule agreed upon by both parties. if such schedule is not agreed upon, the agreement shall be null and void. The vehicle shall have proper identific~tiori displayed on two sides. "ASCI" further agrees to insure, service. anti maintain said equipment. 3. "ACSI" agrees that cona{~etent personnel, trained in the handling of animals, shall do patrolling. Said employees shall perform their duties only while in proper uniform and shall have_tivith them. at a l times while ,7n patrol, proper identification as to indicate employee's name. title, and p1ZCe of employment. Richard Ruzicka and Mike Buckman will perform the du#ie5 of Animal Control Officer under this agreement. __ 4, The "city" shall ad horize "ASCI" to apprehend and retain dogs and cats and/or issue citation tags for violations of the City Ordinances. However, "ASCI" will not invade the private property contrary to the wishes of the owner of said property nor forcibly take an animal from any: person w"rt{~t~ut the approval and assistance of the Maplewood Police Department of the "City". 5. Iri addition to the regular hours of patrolling referred to, "ACSI" agrees to maintain one (1) vehicle for standby service to attend to cases outside regular patrol hours at the specific request of the: Maplewood Police Department, "ACSI" shall respond immediately to any after hours' callout, agreed upon by the "City" and confirmed to be an emergency. 6. "ACSI" represents and agrees that all animals impounded shall be kept at GOOSE LAKE KENNELS, 4120 Hoffman Road, White Bear Lake, Minnesota 55110. "ACSI" agrees and warrants that all animals impounded shall be kept in a comfortable and humane manner for a period required by the City Ordinance. It is mutually agreed upon that "ACSI" may temporarily board at an emergency facility if access and or treatment is not immediately available at the contract facility. Any fee differential for boarding an animal between the contracted facility and the facility in White Bear Lake will be paid by the animal owner. If February 11, 2008, City Council Meeting 20 an animal is unclaimed, the "City" will pay the boarding cost at the contracted facility. The fee schedule(s) for any other facility to be used by "ACSI" shall be posted prominently at the White Bear Lake facility and be given to the "City" for public information purposes. 7. At the time that an animal impounded under this contract is reclaimed, "ACSI" or its agent shall collect the impounding fee and boarding charges as provided by "Contract". All impounding fees and/or any other penalty fees collected by "ACSI" or its agents by request of the "City" shall be remitted to the "City". 8. In the event an animal impounded and boarded by order ~rf__the "City" Health Officer or placed under quarantine by ruling of the State Board-of Heatth, said animal shall be boarded as required by said order or ruling. At the-end of such-.period, the "City" shall release all of its interest, right and control over-saki animals thaf Ft~ay then be disposed of at the discretion of "ACSI". In the event that any dogs, cats, or rather impounded animals are unclaimed after six (6) days, they shaft bec~©me the property of "ACSI" and may be disposed of or sold at their discretion. All proceeds from the disposition of such animals may be retained by "ACSI" including any-lroceeds rece+yed from any anima s disposed of in accordance of Minnesota Statutes 35.:7.1. 9. The "City" shall furnish to ``.ACSI" any special fdrr~s or receipts specified in the City Ordinance and "ACSI" shall kee a records of III anini~ls impounded together with a description of the same. 10. "ACSI" shall assume liability fir=ill h~, m ta.=.anin~~ls clue to its negligence or that of its agents in not properly caring for the sane, and ag~ees_to defend the "City" against any lawsuits arisinrd there from. "ACSI".~nalE defend, indemnify, and hold the "City" harmless including its afficers. em~layees or agents from any and all claims, lawsuits, losses, damages, or expenses on account of=bodily injuries, sickness, disease, death, and property damage including injury to a,~ir~~ls. "ACSI" shall provide the "City" proof of public liat~ility insurance including comprehensive automobile liability in an amount of at least $350.400.00 per each r~l~irr~ant and $1,000,000.00 per occurrence and E.O.C. ins,:~tance in the amount of $250,000:00 per occurrence. 11. The "City":agrees t© pay "ACSI" for services in the performance of this contract as follows: A_ Price per hour/per vehicle for scheduled patrol based on Fifteen (15) hours of patrol per -week for actual time in service. Price per call -per vehicle for service during scheduled or regular working hour $29.71 B. After Hcucs Callout unscheduled Sper_al Callout 1 6:00 pm till 9:00 pm $48.00 Special Callout 2 9:00 pm till Midnight $58.00 Special Callout 3 Midnight till 7:00 am $68.00 Special Callout 4 Weekends and Holidays 7:00 am till 6:00 pm $53.00 6:00 pm till 9:00 pm $63.00 9:00 pm till Midnight $68.00 Midnight till 7:00 am $78.00 February 11, 2008, City Council Meeting 21 C. Price per animal -for each DAY or fraction thereof, for boarding any species of animals impounded by direction of City officials or local Ordinances. $15.50 D. Price per animal for boarding each day or fraction thereof for boarding and reclaimed by the owner. This fee is not charged to the "City" only to the pet owner. $18.00 E. Animal impoundment fee (paid by animal owner upon reclaiming) $13.00 F. Price per animal for disposal of a cat $24.00 G. Price per animal for disposal of a dog $24.00 H. Kennel vaccinations to stop various diseases from time to time per $6.00 shot (Paid by animal owner, if claimed). (Pai€t by the "City" if not claimed) I. Boarding fee per day to keep dead deniestic animals for reclaiming not to exceed the required (6) days. (Paid by the animal -owner if claimed. Paid by the "city" if not claimed) $5.00 12. "ACSI" reserves the right to increase fees far ~Ztral #iours if the possibility of future fuel prices increases beyond $4.QD per gallon. "ACSI"-shall give written notice to the "City" showing the reason for the increase. 13. All payments shall be made bythe "City";.upon receipt crf monthly statements by "ACSI" Invoices for services rendered will be duenet30 days from the date of invoice and will be subject to a 1.5^,~_service charge on b~l~r~ce due each month. 14. "ACSI" agrees to provide-emergency veterinary services to impounded animals as needed at cost to the "City"; however, veterinary service that was deemed necessary may be c~r~rged to the owner upon reclamation of the animal. The fee will be charged to the owner of_the aninlai.. if t}~e_animal ovuner is not known, fee will be charged to the city. $100.00 1 ~. "ACSI" agrees thatduring the period of this contract, it will not within the State of Minnesotadiscriminate against any employee or applicant for employment because of race, color, geed. sex. national origin, or ancestry and will include a similar provision in all subcontract(sl entered info for the performance, hereof. This paragraph is inserted in the __contract to compi~r with the provisions of Minnesota Statutes 181.59. 16. "ACSI" agrees to comply with the Minnesota Data Practices Act and all other State and Federal. laws relat}ng to data privacy of confidentiality. "ACSI" agrees it will immediately report to the "city" any requests from third parties for information relating to the Agreemea~t. 17. "ACSI" agrees to promptly respond to inquiries from the "City" of concerning data requests. 18. "ACSI" agrees to hold the "City", its officers, its agents, its department heads, its employees harmless from and claims resulting from the unlawful disclosure of the use of the data protection under State and Federal laws. February 11, 2008, City Council Meeting 22 19. "ACSI" agrees to abide by the requirements and regulations of the Americans with Disabilities Act 1990 (ADA) the Human Rights Act (Minnesota Chapters 363 and Title VII of the Civil Rights Act of 1964). These laws deal with discrimination based on race, gender, disability, religion, sexual preference, and sexual harassment. Violation of any of the above laws can lead to termination of this agreement. 20. Either party, hereto, may cancel this contract after Thirty (30) days written notice, thereof, to the other party. 21. Notices pursuant to this contract shall be given by deposit ire the United States Mail, postage prepaid, addressed as follows: a. To "ACSI": Mr. Richard L. Ruzicka, PRESIDENT' Animal Control Services, Inc.:::: 6400 Colfax Ave. N. Brooklyn Center, MN 55430:: b. To "City": City of Maplewood 1830 County Road B East Maplewood, MN 55109 Alternatively, notices required by this contract may be ie~sonally delivered to the person's named above. Notice shall be deemed given ~s Qf the d~fe of personal service or as of the date of deposit of the notice in the United States f~1~il. IN THE PRESENCE OF: ANIMAL CONTROL SERVICES, INC. BY: DATE: IN-THE PRESSENCI= pF: CITY OF MAPLEWOOD _ BY: Ayes -Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay - Councilmember Hjelle The motion passed. February 11, 2008, City Council Meeting 23 6. Approval of Medical Direction Agreement. February 11, 2008, City Council Meeting 24 Councilmember Juenemann moved to approve the Medical Direction Agreement. February 11, 2008, City Council Meeting 25 February 11, 2008, City Council Meeting 26 February 11, 2008, City Council Meeting 27 February 11, 2008, City Council Meeting 28 February 11, 2008, City Council Meeting 29 February 11, 2008, City Council Meeting 30 February 11, 2008, City Council Meeting 31 February 11, 2008, City Council Meeting 32 February 11, 2008, City Council Meeting 33 February 11, 2008, City Council Meeting 34 February 11, 2008, City Council Meeting 35 S~con~led by Counciln~e~rtber Rossbach. The motion passed. Ayes -Mayor Longrie Councilmembers Juenemann, Nephew &Rossbach Nay - Councilmember Hjelle 7. Approve Entering Into Contract For Residential Sanitary Sewer Cleaning And Television Services For 2008 City Improvement Projects. a. Civil Engineer, Michael Thompson answered questions of the council. b. Public Works Director, Chuck Ahl answered questions of the council. February 11, 2008, City Council Meeting 36 Councilmember Nephew moved to approve Entering Into Contract For Residential San Sewer Cleaning And Television Services For 2008 City Improvement Projects. Seconded by Councilmember Rossbach. Ayes -All The motion passed. 8. Cottagewood Utility Improvement, City Project 06-10, Resalutivn For Modification Of Existing Construction Contract, Change Order No. 3. a. Civil Engineer, Michael Thompson answered questions of the council. Mayor Longrie moved to approve the Cottagewood [ltility Improvement, Gity Project 06-10, Resolution For Modification Of Existing Constructiart contract, Change Order No. 3. RESOLUTION 08-02-018 DIRECTING MODIFICATION OF EXISTING:®CONSTRUCTION CONTRACT PROJECT 06-10, CHANGE ORDER 3 WHEREAS, the City Council of Maplewood, f~1iiinesota has previously ordered Improvement Project 06-10, Change Order No. 2. Cott~gewaQd Public Improvements, and has previously approved a construction c~ntr~ct ~iursuant to f~1ini~esota Statutes, Chapter 429, and WHEREAS, it is now.. necessary and expedient that saki contract be modified and designated as Impraven~ent Project 06-16, Change Order Na. NOW. THEREFORE, 6E iT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA THIS 11t" DAY Qi-fEBRUAR'(. 2D08 that: 1. The mayor anti city clerk are #~erek~y authorized and directed to modify the existing c©ntr pct by executing said Change Urder No. 3 in the amount of $5,337.65. The r evised. contr ~ctan~ount is $169,342.39. Seconded by Counc~ln~eE~~ber Nep{~~w. Ayes -All The mutic~n passed. 9. Ferndale GeraniCiin Area Street Improvements, City Project 07-14, Resolution For Modification of Existing Construction Contract, Change Order No. 2. a. Civil Engineer, Michael Thompson answered questions of the council. Councilmember Nephew moved to approve the Ferndale Geranium Area Street Improvements, City Proiect 07-14, Resolution For Modification of Existing Construction Contract, Change Order No. 2. February 11, 2008, City Council Meeting 37 RESOLUTION 08-02-019 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 07-14, CHANGE ORDER NO. 2 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 07-14, Change Order No. 1, Ferndale Geranium Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 07-14, Change Order N~._ 2: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1. The mayor and city clerk are hereby authaci~ed and directed to modify the existing contract by executing said Change Order No. 2 in the amount of $72,404.76. The revised contract amount is $1,627,627.62. Seconded by Councilmember Juenemann. Ayes -Councilmembers Juenemann, - Nephew &Rossbach -Mayor Longrie & Councilmember Hjelle 10. 2008 Pay Rate For Teti~pQrary EMC Coordinator. Councilmember Juenemann i~iaved to ap~ro~e the 2008 Pay Rate For Temporary EMC Coordinator of X45 tier hour whip Mr. Pretchol=assists the Maplewood Fire Department through this transition: Tdis pw rate would be effective retroactive to 1/22/08, which is when Mr. Pretchel resigned his full-finie position v4iith the City. Secorider~ by Counciinl~rtlber Rossbach. Ayes -Mayor Longrie, Councilmembers Juenemann, Nephew &Rossbach -Councilmember Hjelle The motion passed. 11. Authorization To Expand Budgeted Funds, HLB Tautges Redpath, LTD. Councilmember Juenemann moved to approve the Authorization To Expand Budgeted Funds, HLB Tautges Redpath, LTD. The cost of $7,000 was budgeted for 2008 to cover payment for this expense. Seconded by Councilmember Rossbach. Ayes -Mayor Longrie, Councilmembers Juenemann, Nephew &Rossbach -Councilmember Hjelle February 11, 2008, City Council Meeting 3$ The motion passed. 12. Authorization to Enter Agreement for Training Provided By Tyler Technologies for Eden Finance Software. Councilmember Juenemann moved to approve the Authorization to Enter Agreement for Training Provided By Tyler Technologies for Eden Finance Software. The esti~7iated cost is $6,000 which was included in the Finance Department Budget. Seconded by Councilmember Rossbach. Ayes:::.-1~1ayor Longrie, ---- -Councilmembers Juenemann, Nephew &Rossbach Nom- Councilmeir~ber Hjelle The motion passed. J. AWARD OF BIDS 1. Station One Sleeping Quarters.. a. Maplewood Fire Chief, Stove Luktn__pres~nt~d therehort and answered questions of the council Councilmember Nephew moved to table the action en tie ~iroE~osed improvements at both fire stations for 2 weeks: rn order far staff to calilulate where the funds would come from to pay for this remodeling proiect.- Seconded by Mayor Longrie. Ayes -Mayor Longrie & Councilmember Rossbach Nays _Councilmembers Hjelle, "~ Juenemann & Nephew Tt~e motion failed: Councilmember Nephew .moved to approve the expenditures not to exceed $55.350 for the remodeling end furnishrnas at both stations one and two fo r the proposed construction and awarded the hid to L.S. Black Construction in the amount of $45,500. Seconded by Councilmember Juenemann. Ayes -All Councilmembers Nay -Mayor Longrie The motion passed. February 11, 2008, City Council Meeting 3g 2. Ambulance Refurbishment. a. Maplewood Fire Chief, Steve Lukin presented the report. Councilmember Juenemann moved to approve entering into a purchase agreement with Road Rescue to refurbish and remount our 1999 Road Rescue ambulance replacing the refurbished body on the new 2006 E-450 Ford chassis at a cost of $58,000. '~'~fs dorm eom rlsea the entire agreement affecting the rchase of the ahprre vehtcla -~. - _ A .~ ., _ .. ..r_ .. ...»... - Vim: ~ ~ . ~~,_ .... .. . ;;. Seconded by Councilmember Hjelle. Ayes -All The motion passed. February 11, 2008, City Council Meeting 40 -- li' - i -. ~- - - -~-. _, 3. Community Center Strength and Cardio Equipment. a. Citizen Services Manager, Karen Guilfoile presented the report. Councilmember Hjelle moved to approve the bid Nautilus Equipment for $69.839.13. The purchase of the equipment will be funded from the Community Center Funds. Seconded by Councilmember Juenemann. Ayes -All The motion passed. K. UNFINISHED BUSINESS 1. Clarify the Intent of Motion Made By Council Member Juenemann- at the January 14, 2008, City Council Meeting Regarding Placing Mr. Copeland on Immediate Administrative Leave. a. City Attorney, Alan Kantrud answered questions ~f the council b. Acting City Manager, Chuck Ahl, answered questionsof the council. Councilmember Nephew moved that_Mr. Copeland he chai~caed from paid Administrative Leave to unpaid Administrative Leave pursuant tQ-Minnesota Statute,. The motion failed for a lack of a second m~tic~rt. Councilmember Juenemai~E~ moved to clarify that it=was the c=ouncil's intent to pay Greg Copeland while he is on Administrative Levee. Seconded by Gount~ilmember Nephew. _ Ayes -Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay -Councilmember Hjelle Ttie motion passe~f. C~ur~tilmember Hjelle i~iflved to extend the council meeting. The remainder of the council meeting -shall include agenda items K2. K3. K3a. L1. L2, and L3. along with a five minute recess. Agenda- items L4. L5. L0, i_7. M1. M2. M3, and N1. will carry over onto the next city council meetinu oii February 25; 2008. Seconded by Ceuricilmember Nephew. Ayes -All The motion passed. Council took a 5 minute recess at 11:10 p. m. The council reconvened at 11:15 p.m. February 11, 2008, City Council Meeting 41 2. Sign Moratorium -Dynamic Display Signs -Second Reading. a. Planner, Ken Roberts presented the report. b. Planning Commissioner, Gary Pearson, 1209 Antelope Way, Maplewood, addressed the council and gave the planning commission report on this item. Councilmember Nephew moved to approve the ordinance that places a moratorium on the construction or installation of dynamic display signs (both on-site and off-site) to allow time for the city to prepare, study, and adopt at dynamic display sign ordinance. This moratorium would include the on-site dynamic display sign at the Maplewood Community Center. The moratorium recommends a period of six months or until the city council adopts a dynamic display sign code. ORDINANCE NO. 885 -- AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND DEVELOPING STANDARDS FOR DYN;A.CWIIIC DISPLAY SIGNS IN THE CITY OF MAPLEUVOOD The Maplewood City Council ordains: SECTION 1. PURPOSE a. The purpose of this ordinance is tr1 i~rot~ct the health. safety, and welfare of the citizens. b. A dynamic display sign is defined ~s any sign designed for outdoor use which is capable of displaying a video signal,_ncluding, but not limited #o; cathode-ray tubes (CRTs), light-emitting diode (LED) displays, plasma d'rs~aiays, liqu,d-crystal displays {CCDs), other technologies used in commercially available televisions-or computer monitors. c. There arewithin the City three off-site (k~ilJboard) dynamic display advertising sign faces. Two of these signs areregulated kaysepar~te agreerr,ent with the City and one has been the subject of ongoing negotiations w,th_the City. d. Then is. cane en-site.. dynamic display sign contemplated at a location along White Bear Auenue near the Maplewood= Community Center. This sign was part of a settlement agreement approved by the city council in October 2007 in relation to the above-mentioned billboard dynamic display signs. e. There also are seueral other on-site dynamic display sign faces in operation in Maplewood that falP within the current Gity-allowed exceptions/guidelines to the general prohibition on such signs. f. The Maplewood 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 motor vehicle or other accidents. Persons have contacted city officials complaining about these signs and the distraction they pose to the traveling public who may take their eyes off the road to watch the colorful lights and changing messages. February 11, 2008, City Council Meeting 42 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 and 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 before any further proliferation of such advertising schemes. b. The City Council is concerned that the further placement of arty dynamic display signs during the above-mentioned study may compromise the results of tha# study and they could harm the public's health, welfare and safety. c. Minnesota Statutes, Section 462.355, Subd. 4, autk~orizes the City to adopt interim zoning ordinances applicable to all or a part of the City for Fr€~tecting the health, safety, and welfare of its citizens. Such an ordinance may regulate, restrict pr pr©hibit 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 by tfis Gity Courieit Ghat it is in the best interest of the sound, aesthetic and efficient development of the Cify as a whole, and in the public's health, safety and welfare interests, that the City. use the authority granted by the above-mentioned Minnesota Statute in conjunction with the above.-authorized study. e. The City hereby prohibits the issu~iice flr approval a~ any zoning certificate, sign permit, building permit or other land use official contrr~k for-any ciyriamic display sign in the City of Maplewood. SECTION 3. ENFQRCEMENT Sections 1-1 thrt}ugh 1-25 cf the ~1aplewood City Code of Ordinances, entitled Enforcement Policy, are hereby adopted in their entire#y by_ reference as though repeated verbatim. SECT QN 4. _ TERM The term of __this ordinance shall be for six months or until the city council adopts a~iiendments to the citys sign cede because 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 adc3iti~i~al period of 18 mai~ths. This ordinance shall tale effect after the city publishes it in the official newspaper. The Maplewoca~i City Council approved this ordinance on February 11, 2008. Mayor Attest: City Clerk February 11, 2008, City Council Meeting 43 Seconded by Councilmember Rossbach. Ayes -Mayor Longrie, Councilmembers Juenemann, Nephew &Rossbach Nay -Councilmember Hjelle The motion passed. Councilmember Nephew moved approval of the Second Reading o#=khe Dynamic Display Sign Ordinance. Seconded by Councilmember Rossbach. Ayes --Mayor Longrie, -- ~ Councilmembers Juenemann, Nephew &Rossbach Nay - Councilmemfer Hjelle The motion passed. Councilmember Nephew moved to allow item L1. Conclitionaf-Use Permit -Hvdrolopic (1261 Highway 36 East) to be heard aheZd_of item K3. due to the late hour and for the people waiting in the audience. Seconded by Councilmember Hjelle. Ayes-- All The motion passed. L. NEW BUSINESS. 1. Conditior-al Use Permit -.Hydrologic (121 Highway 36 East). a. P(~nner. Ken Roberts presented the report. b. P1~~7ning Carnn~issir~rier, Gary Parson gave the planning commission report. c.. .: - flitch 14~agh. Hydrologic, 1201 Highway 36 East, Maplewood addressed the ..:::council. Councilmember Hjelle a~~oved to approve the Conditional Use Permit Resolution for Hvdrolopic (1.2.G1 Highway 36 E~st~: CONDITIONAL USE PERMIT RESOLUTION 08-02-020 WHEREAS, 1~1itch Keogh, representing Hydrologic, is requesting city-approval of a conditional use permif to add an outdoor storage area on the northwest part of the property at 1261 Highway 36 :East. The legal description is: Clifton Addition, Ramsey County, subject to Highway; except the east 353 feet of Block 24, except the south 100 feet thereof; except the north 40 feet; part of Blocks 19 and 24 which lie east of a line described as beginning 658 feet west of the NE corner of Block 24, the south 240 feet, then east 36.67 feet, then south to the south line of Block 19 and there terminating. (PIN 09- 29-22-41-0026) February 11, 2008, City Council Meeting 44 WHEREAS, the history of this conditional use permit revision is as follows: On January 15, 2008, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit. 2. On February 11, 2008, the city council discussed the proposed r_onditional use permit. 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 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 pla€~ ~,id code of ordinances. 2. The use would not change the existing or plartred characferof 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 ~r cause a nuisance to any person or property, because of excessive noise; ~kare. smoke;=dust, odor, fumes, water or air pollution, drainage, 4v~te_r_run-off, vihration. general unsicPubliness, electrical interference or other nuisances; 5. The use would generate only. r~~inimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would he served=by adequate put~lic facilities and services, including streets, police and trre protection. drainage structures; water and sewer systems, schools and parks. 7. ~fhe use would not create excessive additional costs for public facilities or services. S. The use would max+t~~ize 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 sut~jecttc~ the following conditions: 1. All construction and activities on the site shall follow the site and project plans as approved by the city. City staff may approve minor changes to these plans and the city council must approve major changes to the approved plans. 2. The fence design and the slats in the fence shall provide 100 percent screening of the materials inside the enclosure. February 11, 2008, City Council Meeting 45 3. Any fence over six feet tall requires a building permit issued by the city. The city building official will require the submittal of a structural plan for the proposed fence approved by a registered engineer with the building permit materials. 4. Hydrologic shall store all their materials and supplies in the fenced storage area or within the building. There shall be no storage visible above the top of the fence. 5. The proposed fence and storage area shall not alter the existing cJrainage patterns or obstruct surface run off from flowing into the existing drainage iNets within the parking lot. 6. Hydrologic shall store all their materials and supplies in the fenced storage area or within the building. 7. The proposed outdoor storage area and site work must be substantially started within one year of council approval or the permit shall becflrt~e-null and void. The council may extend this deadline for one year. 8. The city council shall review this permit iii ore year. The Maplewood City Council approved this resolution an ~efjruary 11, 2008. Seconded by Mayor Longrie. Ryes -All The motion passed. (Agenda Item heard aut af_arder) K3. Council Discussion of-Charges and Notice of Public Hearing Pursuant to MN Statute 412.641, Subd. 11a. - Rema~al of City Manager, Greg Copeland. a. CityAttt~rney. Alan Kantrud_intmduced the item and read the resolution aloud to close the city rauncil meeting far=-this agenda item. Councilmerr~fjer fdephew moved to approve the resolution closing the council meeting pursuant to f~,nn. Stat. ~ 1~f~.0~. subd. 3~b}. RESOLUTION 08-02-021 CLOSING COUNCIL MEETING WHEREAS, the I1~innesota Open Meeting Law, Minn. Stat. § 13D.05, subd. 3(b), states that "meetrn€~s_may he dosed if the closure is expressly authorized by statute or permitted by the attorney-client. privilege' ;and WHEREAS, the City Council seeks to meet with its attorneys to discuss the exchange of settlement proposals and to obtain advice regarding threatened litigation over a personnel decision made by the City Council. WHEREAS, it would be detrimental to the interests of the City for the City Council to hold a public discussion with its attorneys regarding its settlement position where an opposing party or opposing attorney could listen to or be made aware of the City's positions; and February 11, 2008, City Council Meeting 46 WHEREAS, it is in the best interest of the City for the City Council to obtain legal advice in a confidential setting to maintain the attorney-client privilege; BE IT RESOLVED by the City Council of the City of Maplewood, as follows: The City hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b); 2. The specific subjects to be discussed, pursuant to Minn. Stak:-~,13D.01, subd. 3, are the settlement proposals exchanged, the City's possible responses to the settlement proposals exchanged, the City's possible responses to tf~e _settlement proposal, the strengths and weaknesses of the City's case, and defense strategy in the event that the threatened litigation occurs. -- ~ ---- The motion for the adoption of the foregc,ng resolution was duly ser_oncied by Councilmemter Rossbach and upon a vote-being taken thereon, the following voted in favor thereof: Ayes..- 5 ~~ys - o Whereupon said Resolution was deciared duly passoci and adopted. Seconded by Councilmember Rossbaeh. ayes-- RII The council closed the council meeting t~ discuss iteirr K3. The council meeting opened the council trteeting back up for the remainder of the agenda items. 2. Hazelwood Street Improve~~nents; City Project 07-25. a. :: - Resolution Accepting Preliminary Report and Calling Public Hearing for February 25, 2000. b. Resolution Authorizing Preparation of Plans and Specifications. c. Public Works Director, Chuck Ahl presented the report. C~urltilmember Jueneiriann moved to approve the resolution accepting the report, authorizing preua~ation of plans and- specifications, and calling for a public hearing for 7:00 p.m. Monday. February 2~. 2008, for fhe Hazelwood Street Improvements, City Proiect 07-25. RESOLUTION 08-02-022 ACCEPTING R~I'ORT, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted October 22nd, 2007, a report has been prepared by the city's engineering consultant with reference to the improvement of Hazelwood Street Improvements, City Project 07-25, and this report was received by the council on February 11th, 2008, and February 11, 2008, City Council Meeting 47 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 improvement of such street 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 $2,352,000. 2. The city's consultant, Kimley-Horn and Associates. is the designated engineer for this improvement and is hereby directed to prepare finale plans a,~d specifications for the making of said improvement. 3. The finance director is hereby authorized. to nuke the financial transfers ,necessary for the preparation of plans and specifications, Aproject budget of $2,352,000 shall be established. The proposed financing plan: is as follows::: Financing Source Amounf Bonds-M.S.A. $ 1,701,902 {~2i`~) Street Assessments: $ 424,189 f 18:~ 1 Storm Assessments: $ 8,909 1;ai} Sanitary Sewer Utility Fund: $ 91.,0.00 ~3 ' ~ _ _ _ , Driveway Replacement Program: $0.000 ~ 1 i WAC Fund: - $ -X0,000 2"~;] Comforts of Home Sidewalk Escrflw: $ 1,000 (1 `i~l Total Financing Amount $ 2,352,000 (100%) 4. A public ~re~ring shall he field on such proposed improvement on the 25t" day of February, 2008, in the council chambers of city h~kl at 7:00 p.m., and the clerk shall give mailed and published notice ~f such hearing and ir~iEirovement as required by law. Ap}~rnved thr~ 11''_d~y of February 2008 Seconded by Councilmember Hjel)e. Ayes -All Councilmembers Nom- Mayor Longrie The motroi~ passed. 3. Sterling Street Improvements, Authorized under City Project 07-19 a. Resolution Removing Sterling Street (Larpenteur to Holloway) from the Myrtle- Idaho Area Street Improvements and establishing Sterling Street Improvements, City Project 07-32. b. Resolution Accepting Preliminary Report and Calling Public Hearing for February 25, 2008. c. Public Works Director, Chuck Ahl presented the report. February 11, 2008, City Council Meeting 48 Councilmember Hjelle moved to approve the resolution removing Sterling Street from the Myrtle- Idaho Improvement Project, City Project 07-19, establishing the Sterling Street Improvement Project, City Project 07-32. RESOLUTION 08-02-023 APPROVING THE REMOVAL OF STERLING STREET FROM CITY PROJECT 07-19 AND APPROVING THE ESTABLISHMENT OF CITY PROJECT 07-32 WHEREAS, it has been determined that Sterling Street, fra~~~ Larpenteur Avenue to Holloway Avenue, should be removed from the scope of the Myrtle-Idaho Area Street Improvements, City Project 07-19, and be established as Sterling Street Improvements, City Project 07-32. NOW, THEREFORE, BE IT RESOLVED BY THE C1TY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That Sterling Street, from Larpenteur Avenue to Holloway Avenue, is removed from the scope of the Myrtle-Idaho Area Street Projecf. City Project 07-1~. 2. That Sterling Street, from Larpenteur Avenue o Halloivay Avenue, is hereby established as the Sterling Street Improvements, City Project 07-32. Approved this 11t" day of February 200 Seconded by Councilmember Nephew; Ayes -:All The motion passed... - Councilmember Hfe#le moved toap~rave the Resolution Accepting Preliminary Report and Calling Public He~rng-for-February 25. 2QQ8-for the Sterling Street Improvements, City Project 07-3~ _: RESOLUTION 08-02-024 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted October 22nd, 2007, a report has been ~rehared by the city's engineering consultant with reference to the improvement of Sterling Street from. Larpenteur Avenue to Holloway Avenue, and WHEREAS; t#ie report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, and WHEREAS, said portion of Sterling Street was subsequently designated as the Sterling Street Improvement Project, City Project 07-32. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: February 11, 2008, City Council Meeting 49 1. The council will consider the Sterling 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 $1,288,933. 2. A public hearing shall be held on such proposed improvement on the 25t" 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 11t" day of February 2008 __ Seconded by Councilmember Juenemann. Ayes --Ail The motion passed. O. ADJOURNMENT Mayor Longrie adjourned the meeting at 1:0~ a.~, The remainder of the council meeting, items L4, L5, L+6, L7, M1, M2, M3, and N1, will be heard at the next city council -neetin_q on February 25, 2008. . 4. Community Design Review Board 207 Annual Report 5. Visitor Presentation Discussiion 6. Citizen Committee for prdinance Review. 7. Budget Modifications -Revisions to Management Structure and Creation of Assistant :::::City ManagerlCommunity Development Director Position. M. COUNCIL PRESENTATIONS 1. Caucus/Election J~idges 2. Meta Transit 3. 10 Ililost Wanted N. ADMINSTRATIYE PRESENTATIONS Absentee Ballot Question -Karen Guilfoile February 11, 2008, City Council Meeting 50 Agenda Item E4 SPECIAL COUNCIL MINUTES MAPLEWOOD CITY COUNCIL 5:00 p.m., Wednesday, February 6, 2008 Council Chambers, City Hall Meeting No. 3-08 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council CE-iarrik~ers. Councilmember Nephew moved to appoint Will Rossbach as Aetin~t 3~t~yor. Seconded by Councilmember Juenemann. Ayes-- All The motion passed. Mayor Rossbach called the meeting to order after 5:00 p.m. B. APPROVAL OF AGENDA C. ROLL CALL Diana Longrie, Mayor - Absent Erik Hjelle, Councilmember Absent Kathleen Juen~m~nn. Council~rier~iber Present John Nephew, Cciuncilmemb~;r Present Will Rossbach, Councilmember Present D. 1. [~ecl~aratipn of Special Meeting topic and intent to close session. City Attorney, Alan Kantrud explained the process of holdin_p a closed city council meeting. Councilmember Nephew moved to approve the Resolution Closing the Council Meetin RESOLUTION 08-02-014 CLOSING COUNCIL MEETING WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.05, subd. 3(b), states that "meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege"; and WHEREAS, the City Council seeks to meet with its attorneys to obtain advice regarding threatened litigation over a personnel decision made by the City Council and to consider a proposed settlement offer; WHEREAS, it would be detrimental to the interests of the City for the City Council to hold a public discussion with its attorneys regarding its settlement position where an opposing party or opposing attorney could listen to or be made aware of the City's positions; and February 6, 2008, Special City Council Meeting Minutes 1 WHEREAS, it is in the best interest of the City for the City Council to obtain legal advice in a confidential setting to maintain the attorney-client privilege; BE IT RESOLVED by the City council of the City of Maplewood, as follows: 1. The City hereby closes this meeting based upon the attorney-client privilege pursuant to Minn.Stat. § 13D.05, subd. 3(b); 2. The specific subjects to be discussed, pursuant to Minn. S:tat. § 13D.01, subd.3, are the settlement proposal, the City's possible responses to that proposal, the strengths and weaknesses of the City's case, and defense strategy in the event that the threatened litigation occurs. The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Juenemann and upon a vote tieing taken ther~oi~, the following voted in favor thereof; Councilmembers Juenemann :arid- Nephew, and Nla:yor Rossbach. and the following voted against the s~rrie: ®none Whereupon said Resolution was declared duly passed Arid adopted. Seconded by Councilmember Juenemann. Ayes: -- III The motion passed. 2. Discussion ©f_Removal of Greg Copeland as City Manager: Report from Outside Counsel, Amy Mace - Ratwik, Roszak and Maloney, P.A. Attorney. Amy Mace with--Ratwik, Raszal: and Maloney, P.A. addressed the council and spoke~ta the council. E. ADJOURNMENT Councilmember Juen~monn moped to adjourn the closed session meeting at 7:05 p.m. Seconded by Councilmember Nephew. Ayes -All February 6, 2008, Special City Council Meeting Minutes 2 Agenda Item F2 AGENDA REPORT TO: City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Appointments /Presentations DATE: February 20, 2008 INTRODUCTION/SUMMARY The City Council has been conducting interviews of candidates for openings and re-appointments to the various Commissions during the past few weeks. The following individuals have applied and have been interviewed or will be interviewed. Council action is required to appointor reappoint members. RECOMMENDATION It is recommended that the City Council adopt a motion to appoint members to the various Commissions as noted: Housing Redevelopment Authority (1 opening): • Joshua Richter: 2/11 Interview; Council vote is to support appointment Environmental and Natural Resources Commission (1 opening): • Dale Trippler: 2/11 Interview; Council vote is to support appointment Police Civil Service Commission (1 opening; no openings except reappoint): • Steven Gunn (requesting reappoint): Interviewed on 2/11 • Colleen Naughton: to be Interviewed on 2/25 • Thomas Riddell: Interviewed on 2/11 Park and Recreation Commission (1 opening + 3 reappoint): • Carolyn Peterson (requesting reappoint): Interviewed on 2/11 • Peter Fischer: (requesting reappoint): to be interviewed on 2/25 • Craig Brannon: (requesting reappoint): to be interviewed on 2/25 • Therese Sonnek: To be interviewed on 2/25. Historical Preservation Commission (1 opening): • Caleb Anderson: To be interviewed 02/25. Community Design Review Board (No openings except 2 reappointments.): • Don Anderson: To be Interviewed 02/25. • Ananth Shankar: To be Interviewed 02/25. • Matt Wise: To be Interviewed 03/3 Planning Commission (No openings except 3 reappointments): • William Schreiner: To be interviewed 3/3. • Tushar Desai: To be interviewed 3/3. • Lorraine Fischer: To be interviewed 3/3. • Joseph Boeser: To be interviewed 3/3. Agenda Item G1 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Civil Engineer II Steve Kummer, Civil Engineer II SUBJECT: Hazelwood Street Improvements, City Project 07-25 a. Public Hearing 7:00 pm b. Resolution Ordering Improvement after Public Hearing (4 votes) DATE: February 15, 2008 INTRODUCTION The public hearing for this project has been scheduled for 7:00 p.m., Monday, February 25, 2008. Notices of the public hearing have been mailed and published. The feasibility study has been provided as a supplement to the council packet. The study includes information on the proposed improvement, proposed financing and probable assessments. The city council should consider ordering the improvement following the public hearing. Background The city council ordered the preparation of this feasibility study at the October 22nd, 2007, regular meeting. On February 11t", 2008 the city council accepted the feasibility report, authorized plans and specifications, and ordered the public hearing. Street and utility improvements for this neighborhood have been listed in the city's capital improvements project plan for 2008. The project accounts for reconstruction of approximately 0.90 miles of street. The scope of improvements includes: ^ A full reconstruction of Hazelwood Street from Highway 36 to Frost Avenue. Street reconstruction will include removal and replacement of the existing bituminous pavement and aggregate base, construction of concrete curb and gutter on both sides of the street, and subgrade correction as necessary. ^ Sidewalk construction along the east side of Hazelwood Street from Frost Avenue to Highway 36. ^ Sanitary sewer repairs as deemed necessary through televising and condition assessments. Residents will also have an opportunity to have their sewer service cleaned and televised if they have indicated problems with their sewer service. Properties not currently serviced by sanitary sewer or properties which may be subdivided in the future will require additional sanitary service to be constructed as part of this project. ^ Water main repairs as deemed necessary from St. Paul Regional Water Services (SPRWS) break logs and condition assessments. Water service may be extended to properties that will be subdivided or for those properties that currently do not have water service. Agenda Item G1 ^ Installation of a storm sewer system and best management practices for controlling volume and rate of storm water runoff and promoting treatment of storm water discharge into area water bodies. Some of these improvement areas include o Possible modification of an existing outlet into Wakefield Lake (an impaired water body) to treat storm water runoff from Frost Avenue and Hazelwood Street. o Installation of large rain water gardens in the area of John Glenn Middle School for volume control and treatment of storm runoff prior to discharge into the Footprint Lake system. o Installation of storm water control measures and rain water gardens in Sherwood Park to treat area runoff from Hazelwood Street into Knucklehead Lake. o Promotion of the City's ongoing residential rain water garden program and to install boulevard rain gardens for the purpose of treating street runoff. Proposed financing sources for the project are through the sanitary sewer utility fund, SPRWS obligation, WAC fund, municipal state aid, driveway replacement program revenue, a cash escrow for a sidewalk along the east side of the Comforts of Home property, and special assessments to improved properties for street and storm sewer. There are 44 assessable parcels within the project area. A neighborhood meeting was held on January 17t", 2008 at the Gladstone Fire Station near the corner of Frost Avenue and Clarence Street. The meeting covered the public improvement process, scope of improvements, construction process, rainwater gardens, and special assessments. Staff answered resident questions during and after the presentation. Approximately 30 residents attended the meeting. The proposed project schedule anticipates construction beginning in early May 2008 with completion likely in October or November of 2008. Budget Impact The resolution calls for establishing a project budget of $2,352,000. The capital improvement plan for 2008- 2012 estimated a total project cost of $3,530,000. Both financing plans are detailed below. Proposed Financing Sources Bonds -State Aid Assessments Sewer Fund SPRWS WAC Sidewalk Escrow Driveway Program TOTAL $ 1,701,902.00 $ 433,098.00 $ 91,000.00 $ 40,000.00 $ 40,000.00 $ 16,000.00 $ 30,000.00 $ 2,352,000.00 DISCUSSION CIP Financing Sources Bonds -State Aid Assessments Sewer Fund SPRWS WAC TOTAL $ 2,323,900.00 $ 1,029,600.00 $ 141,200.00 $ 35,300.00 $ - $ 3,530,000.00 Most of the street is currently drained by boulevard ditches or by limited storm sewer inlets. Upgrades will be made to the storm sewer system by adding curb inlets and additional storm water drainage facilities to the street. Along with these facilities, upgrades will include storm water quality treatment measures such as sump structures and regional rain water gardens for infiltrating the first 1 inch of runoff over the disturbed impervious areas of the street. Preliminary investigation of the storm drainage system also indicates that the John Glenn Middle School property is a major contributor to storm water runoff Agenda Item G1 channeling into the Hazelwood Street right-of-way. The project would propose construction of rain water gardens or other devices for controlling and treating the runoff from the school property. Other improvements as part of this project include enhancements to storm water discharge points going into Wakefield Lake, Footprint Lake, and Knuckle Head Lake. These enhancements may include regional rain water gardens at outfall points into these water bodies. As part of the street and utility design process, staff mails out questionnaires to residents regarding issues such as sanitary sewer service problems, drainage issues, and existing private utility locations. Included within the packet are tabulated responses to the typical design questionnaire. Staff does not ask if residents are for or against projects in these questionnaires but rather asks about issues that will help successfully design and build the project. Staff makes a recommendation for improvement but only acts as a facilitator for capital improvement projects. The merits of projects should be discussed at the public hearing. RECOMMENDATION It is recommended that the city council approve the attached resolution ordering the improvement of the Hazelwood Street Improvements, City Project 07-25. (Four affirmative votes are required to approve this resolution). Attachments: 1. Resolution 2. Location Map 3. Questionnaire Results 4. Feasibility Study RESOLUTION ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 11th day of February, 2008, fixed a date for a council hearing on the proposed street and utility improvements for the Hazelwood Street Improvements Project 07-25, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on February 25, 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 Hazelwood Street, City Project 07-25. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 25th day of February 2008. J J~~ ~ `T ., ~~ o ~~ENI~~ 'z'-'-' ~ CT cn 1 CON NOR ~`' OR AVE. o g GERVAIS ~ ~ ~ COPE CT. J LARK ° CO. RD. >ND ~ RD. JUNC TION Q AVE. Timber= J ~v 6~ Pork J ~JCP ~F RAF 00 ° g~,~~` NT LN. ~ p,VE. SKILL ~`P~ VE ~ SH~~ ~ AVE o RYA~r~ AVE. w m Flicek ~ Pork ~ I =I r U 36 ~~ O z_ ~ ~ ~ Q ° cn ~ ~ g w ED w c~i~ ~ DEMONT ~ AVE. m g BROOK AVE. E. ~ Harvest U ~ Pork Q m Four ~ AVE. Spos~ns p SEXTANT ~~ z ~ g GRANDVIEW AVE. VIKING DR. v~i 0 EHILL RD. II~ SHERREN AVE. ~^~ Knuc~ Head Lake COPE AVE. r ~i °a AVE. AVE. `" ~ _, LARK ° AVE. ~ LAURIE RD. ~ LAURIE aRD. ~ W ~ Q (n,~', Q p ~ Sherwoodz ~ J Q SAND HURST ~ Pork z rn AVE. w w z ~B ~ ~ CO. RD. E 0 ~ BURKE AVE. ~ 0 BURKE AVE. CIR ~ m ~ ELDR IDGE AVE. ,john Glenn 64 65 i~ BELMON LN. °o ~`~ GgTEWAy 0 ~ SKILLMAN AVE. ~ HARRIS AVE. ROSEWOOD AVE. N ~ Robinhood ~, ROSEWOOD U Park R AN AV. ~ AVE. S ~ i z Q~ J~• P, ,R ST^ ~ AVE. ~ N ~ ~ ~ ~~ ~'~ P:\WORKS\AGENDA\LOCATION MAPS w Y ° z / ~~ H. ~~ CC V J tl c~ J Q w ~ Q U B Q ~ Cit~ll no scare HAZELWOOD STREET IMPROVEMENTS FROST AVE. TO COPE AVE. C.P. 07-25 ~~ m ~ > o ~ m 0 m 3 I i 1 I ~ I ~ ~ 3 I ~ € ! ~ ~ i s i ~ ~ - ~ ~ ~ ~ 3 a ~ m N ~ ~ ° ~ - i ~ I I ~ i + ~ O ° N ~ E ~ O L ~ N c O ar ;~ 3 ~ `m ° ~ T j m ~ .c i~~ I~ Z a ~ 3 N I, O N ~,o . m ~ E m - g ~ I Z ~aNi c6 ~ ~ ~ ~ a i D ~ _ ~ _ ~ N c 3 o a ~ ~ ~ o o m y ~ o ~ o I m C N N n ~ ~ N O Z O N Z ~ ~~ a E O O X (6 U ~- ' s p f ° ~ 3 ~ ~ - ~ r O` w ~ ~ N ~' '~ O - O ~ O ~ ~ .J ~ 3 N ° .G .a C a w 3 t 3 ` = S d ~ N .- o - ~ 16 ~ N C ~ O N ~ t . ° °c N E - a~ Q 3 °w N I ~ ( ~ O N E ~ C L C 3 E ~ o ~ N O .G ~ C ~ ~ n L N p N -o a+ 3 ~ c ~ - N N v m N 3 ~ - ~ 'S ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ ~ ._ 3 m , ti ~ ~ ~ ~ m ~ ~ ~ ~~ ~ ~ N N N .~ N o ~ it N ~ N - v' C 0 ~ .N.. C O O n o_ ° ° ~ ~ N - G d ~ 3 a 3~ z N N N ~ C >. C ~ is OC y i. N N ~ w N U7 T f~ N N N o N N C O ~ N N l7 N ~ ~ ( O ~ O U E 77 I ppl ° G ~ ~ N _ N U ° ~ ~ ~ ~ O C O C v 3 ~ ~ >. O c O c - _ p ~ ~ m c ~ N N N c6 N ~ f 1 I ~ ~ f _ i y ~ ~O X `_~ N N ~ 1 Y X X N H N N ~ JJ N N ~ C GC ~ Y 1} OJ ~ N N O C N ~ ~ y ~ O W N N O ~ T ,O C N 1 4+ ~~ C _ E i E O G N O C O C 0 C 0 y~ ~ 0 C ~ ~ 'A T O C T ~ o O O C 0 c 0 C 0 C O G p~ ~ ~ O C Oj Ci O C ~ O N N O O > N N m OJ O N N '~ i O ~ O O N c O O O p 1 N ~ d~ I O ~ 0 0 p ~ __.. C C . . C C C C ~ C G C C CITY OF MAPLEWOOD HAZELWOOD STREET IMPROVEMENTS CITY PROJECT 07-25 TABLE OF CONTENTS EXECUTIVE SUMMARY 1. INTRODUCTION 2. PROPOSED PUBLIC IMPROVEMENTS A. Street Improvements B. Storm Sewer Improvements C. Sanitary Sewer Improvements D. Watermain Improvements 3. RIGHT-OF-WAY AND EASEMENT REQUIREMENTS 4. ESTIMATED COSTS 5. METHOD OF FINANCING 6. ESTIMATED ASSESSMENTS 7. PROJECT SCHEDULE 8. SUMMARY AND RECOMMENDATIONS APPENDIX A -EXHIBITS Exhibit l: Project Location Map Exhibit 2: Typical Sections Exhibits 3-5: Proposed Street and Storm Sewer Improvements Exhibits 6-8: Assessment Maps APPENDIX B -DETAILED COST ESTIMATES APPENDIX C -PRELIMINARY ASSESSMENT ROLL Page i 1 1 2 3 5 5 5 5 6 6 7 7 CITY OF MAPLEWOOD HAZELWOOD STREET IMPROVEMENTS CITY PROJECT 07-25 EXECUTIVE SUMMARY This Feasibility Study and Report has been prepared for the Hazelwood Street Improvements, City Project 07-25. The proposed project includes the reconstruction of Hazelwood Street from Frost Avenue to Trunk Highway 36. The proposed project includes the following improvements: ~ Full reconstruction of Hazelwood Street from Frost Avenue to Trunk Highway 36. The street reconstruction will include removal and replacement of the existing aggregate base and bituminous pavement, and subgrade correction as necessary. Construction of concrete curb and gutter on both sides of Hazelwood Street. ~ Sidewalk construction on the east side of Hazelwood Street, from Frost Avenue to Trunk Highway 36. ~ Improvements at the Hazelwood Street/County Road B intersection. This is currently afour-way stop controlled intersection. Prior to final design, we will collaborate with Ramsey County regarding possible modifications to improve safety at this intersection. ~ Improvements at the Hazelwood Street/Trunk Highway 36 intersection. This access point is currently a right in-right out intersection with a crosswalk across Trunk Highway 36. Prior to final design, we will collaborate with Mn/DOT regarding possible modifications to this intersection. ~ Storm sewer and other storm water best management practices (BMPs) for runoff quantity and quality control. Storm sewer improvements are proposed to include catch basins and storm sewer pipe. Existing storm sewer that is damaged or over capacity is proposed to be replaced as necessary. Rainwater gardens and other storm water BMPs will be necessary to meet watershed infiltration requirements. ~ Sanitary sewer repair as deemed necessary through televising and manhole condition assessments. Properties not currently serviced by sanitary sewer or properties which maybe subdivided in the future will require additional sanitary service to be constructed as a part of this project. ~ Watermain repair as deemed necessary from St. Paul Regional Water Services (SPRWS) break logs and watermain condition assessments. All existing hydrants with gate valves are proposed to be replaced, as identified by SPRWS. Properties not currently serviced by watermain or properties which maybe subdivided in the future will require additional watermain service to be constructed as a part of this project. The estimated costs for the proposed improvements are detailed below. These costs include a 10% construction cost contingency and a 25% allowance for indirect costs. Proposed Improvement Estimated Cost Street Improvements $ 1,628,000 Storm Sewer Improvements $ 523,000 Sanitary Sewer Improvements $ 91,000 Watermain Improvements $ 80,000 Driveway Replacement Program $ 30,000 Total Project Cost $ 2,352,000 The improvements are proposed to be financed through a combination of special assessments to benefiting properties and City of Maplewood funds. The following is a summary of the estimated funding amounts from each of the proposed financing sources: Financing Source Amount Bonds -M.S.A. $ 1,701,902 Bonds -Special Assessment $ 433,098 Sanitary Sewer Utility Fund $ 91,000 SPRWS Funding $ 40,000 WAC Fund $ 40,000 Comforts of Home Sidewalk Escrow $ 16,000 Driveway Replacement Program $ 30,000 Total $ 2,352,000 The following is a proposed schedule for the project if the City Council votes to proceed: City Council Receives Feasibility Report February 11, 2008 City Council Authorizes Preparation of February 11, 2008 Plans and Specifications Public Hearing February 25, 2008 City Council Approves Plans and Specifications/ March 24, 2008 Authorizes Ad for Bids Bid Opening April 18, 2008 Assessment Hearing/Award Contract April 28, 2008 Start Construction May 5, 2008 Construction Complete November 30, 2008 Based upon the analysis completed as a part of this report, the proposed Hazelwood Street Improvements, City Project 07-25 are feasible, necessary, and cost effective, and would benefit the City of Maplewood. ii 1. INTRODUCTION On October 22, 2007, the Maplewood City Council authorized the preparation of a feasibility study for the Hazelwood Street Improvements, City Project 07-25. The project includes the following proposed improvements: ~ Full reconstruction of Hazelwood Street from Frost Avenue to Trunk Highway 36. The street reconstruction will include removal and replacement of the existing aggregate base and bituminous pavement, and subgrade correction as necessary. Construction of concrete curb and gutter on both sides of Hazelwood Street. ~ Sidewalk construction on the east side of Hazelwood Street, from Frost Avenue to Trunk Highway 36. ~ Improvements at the Hazelwood Street/County Road B intersection. This is currently afour-way stop controlled intersection. Prior to final design, we will collaborate with Ramsey County regarding possible modifications to improve safety at this intersection. ~ Improvements at the Hazelwood Street/Trunk Highway 36 intersection. This access point is currently a right in-right out intersection with a crosswalk across Trunk Highway 36. Prior to final design, we will collaborate with Mn/DOT regarding possible modifications to this intersection. ~ Storm sewer and other storm water best management practices (BMPs) for runoff quantity and quality control. Storm sewer improvements are proposed to include catch basins and storm sewer pipe. Existing storm sewer that is damaged or over capacity is proposed to be replaced as necessary. Rainwater gardens and other storm water BMPs will be necessary to meet watershed infiltration requirements. ~ Sanitary sewer repair as deemed necessary through televising and manhole condition assessments. Properties not currently serviced by sanitary sewer or properties which maybe subdivided in the future will require additional sanitary service to be constructed as a part of this project. ~ Watermain repair as deemed necessary from St. Paul Regional Water Services (SPRWS) break logs and watermain condition assessments. All existing hydrants with gate valves are proposed to be replaced, as identified by SPRWS. Properties not currently serviced by watermain or properties which maybe subdivided in the future will require additional watermain service to be constructed as a part of this project. Details of the project are outlined in this report along with the estimated costs, proposed funding methods, and proposed assessments to the benefiting property owners. A project location map is provided as Exhibit 1 in Appendix A. 2. PROPOSED PUBLIC IMPROVEMENTS The following is a summary of the proposed street, storm sewer, sanitary sewer, and watermain improvements included as a part of this project. Exhibits 2 through 5 in Appendix A further illustrate the proposed improvements. A. Street Improvements This project includes the reconstruction of Hazelwood Street from Frost Avenue to Trunk Highway 36. The total length of the proposed street reconstruction area is approximately 0.9 miles. Hazelwood Street has been identified in the City's Capital Improvement Plan (CIP) as a street in need of reconstruction. The average Pavement Condition Index (PCI) for this segment of Hazelwood Street is 43/100. Hazelwood Street is currently a two lane rural section street without curb and gutter. The existing width of Hazelwood Street ranges from 26 to 31.5 feet between Trunk Highway 36 and County Road B, and from 26 to 37 feet between County Road B and Frost Avenue. Hazelwood Street is proposed to be reconstructed to a two lane urban residential street section with concrete curb and gutter. A 28-foot wide typical section is proposed. In areas with parallel parking bays or on-street parking on one side of Hazelwood Street, a 34-foot wide typical section is proposed. As a part of final design, we will collaborate with area residents to determine the placement of parking bays or on- streetparking along Hazelwood Street. For the street reconstruction, the existing bituminous surface and aggregate base are proposed to be removed and replaced with the City standard residential pavement section: 3-1/2 inches of bituminous pavement and 8 inches of aggregate base course. A geotechnical evaluation report prepared by Braun Intertec indicates that the existing soils are suitable to support the proposed roadway in some locations along Hazelwood Street. However, where clayey subgrade soils are encountered, including between Lark Avenue and County Road B, and near Frost Avenue, a 2-foot subcut/select granular borrow section is proposed to stabilize the subgrade in these areas. Drain the is proposed to be installed at low points within the subgrade correction, and in areas with identified drainage problems to provide adequate drainage of the subgrade. Geotextile fabric may also be installed in areas of soil corrections to further stabilize the subgrade. On Hazelwood Street between Cope Avenue and Trunk Highway 36, sidewalk is proposed to be constructed on the east side of the street, adjacent to the new Comforts of Home housing development. Sidewalk in this area is to be funded by an escrow provided by the property owner. Sidewalk construction is also proposed along the remainder of Hazelwood Street from Cope Avenue to Frost Avenue. As a part of the final design process, we will explore the feasibility of constructing a connection from the Hazelwood Street sidewalk to the Bruce Vento Trail, in an effort to encourage pedestrians and bicyclists to use the Bruce Vento Trail Bridge for crossing Trunk Highway 36. Safety concerns based on accident and traffic violation data have been identified at the Hazelwood Street/County Road B intersection, which is currently afour-way stop controlled intersection. As a part of the final design process, we will consider intersection improvements, including the possible construction of a roundabout, to address these concerns. We will collaborate with Ramsey County regarding possible modifications to this intersection. Similarly, we will collaborate with Mn/DOT regarding any possible modifications to the Hazelwood Street/Trunk Highway 36 intersection. This 2 access point is currently a right in-right out intersection with a crosswalk across Trunk Highway 36. Driveways disturbed by construction will be replaced in kind within the limits of the project construction, including all bituminous, concrete, and paver driveways. For driveway pavement upgrades outside of the construction limits, the City has a Driveway Replacement Program available to residents. This program allows individual property owners to utilize the street reconstruction contractor to replace the remainder of their existing driveway. The Driveway Replacement Program will be coordinated by City staff. Coordination with private utility companies and the U.S. Postal Service will be required as there are private utilities and mailboxes which lie within the public right of way. Relocation of some of these private utilities and mailboxes will be necessary for this project. Exhibit 2 in Appendix A illustrates the proposed typical street sections. B. Storm Sewer Improvements Existing storm sewer within the project area consists of catch basins at the Hazelwood Street intersections with Frost Avenue, the DNR Gateway Trail, County Road B, Lark Avenue, and Cope Avenue. Currently, runoff from Hazelwood Street either flows into ditches, or directly into storm sewer located at various intersections along Hazelwood Street. There are four main drainage areas within the project. The first drainage area consists of Hazelwood Street south of Ryan Avenue. Runoff from this area is collected in the storm sewer at the Hazelwood Street/Frost Avenue intersection and flows south to Wakefield Lake. The second drainage area consists of Hazelwood Street between south of the DNR Gateway Trail to Laurie Avenue. Runoff from this area is collected in the storm sewer along Hazelwood Street and directed west to the Footprint Lake system. Outflow from the Footprint Lake system eventually flows to Gerten Pond. The third drainage area consists of Hazelwood Street between Laurie Avenue and Cope Avenue. Runoff from this area is collected in the storm sewer at the Hazelwood Street/Lark Avenue intersection and directed west toward Gerten Pond. The fourth drainage area consists of Hazelwood Street between Cope Avenue and Sherren Avenue. Runoff from this area is collected in the storm sewer at the Hazelwood Street/Cope Avenue intersection and directed east to Knucklehead Lake. Outflow from Knucklehead Lake also eventually flows to Gerten Pond. The existing storm sewer structures and pipe within the project area will be visually inspected to determine their condition. Through visual inspection, City staff may identify storm structures or storm sewer pipe to be reconstructed or replaced. Damaged storm sewer segments within the system will also be identified and will be replaced as a part of this project. With the addition of concrete curb and gutter along Hazelwood Street, additional storm sewer is proposed to convey surface runoff and to correct localized drainage problems. The proposed storm sewer system will connect to the existing system wherever possible and will be designed to maintain existing drainage patterns. As a part of the final design process, we will compare the benefits of using concrete pipe versus high-density polyethylene (HDPE) pipe based on the soil conditions and cover depth at various locations throughout the project. As a part of the final design, we will consider improvements to the Footprint Lake system to increase the storm water storage capacity. We will also consider improvements to Knucklehead Lake and improvements at the outlet to Wakefield Lake to improve the water quality in these bodies of water. Per Ramsey-Washington Metro Watershed District (RWMWD) requirements, proposed storm sewer and other storm water BMPs must meet water quantity (rate and volume) and water quality standards. Analysis by the hydrograph method will be performed to compare the existing and proposed flows and water levels. Runoff rates for the 2, 10 and 100-year storm events will be restricted to less than or equal to the existing rates. Runoff volume will be retained onsite in the amount equivalent to the runoff generated from a one-inch rainfall over the impervious surfaces in the disturbed area. Runoff quality standards of 90% total suspended solids removal will be met as long as volume reduction is attained. As surface and sub-surface BMPs are necessary measures for storm water management, suitable locations for these practices will be identified as a part of this project. In addition to meeting water quantity and quality standards set forth by the RWMWD, the City has applied for a grant through the Board of Water and Soil Resources (BWSR) for funding to construct additional storm water treatment enhancements. Rainwater gardens, one method of surface filtration or infiltration, are proposed to be implemented as a part of the storm water management for the project. Rainwater gardens are land-based water quantity and quality control practices which provide opportunity for infiltration, filtration, storage, and water uptake by vegetation. Rainwater gardens are generally located in front yards of properties, within the public right-of--way. Residents will be given the option of having a rainwater garden installed if their property is considered to be a suitable rainwater garden location. We will also explore employing storm water BMPs on the John Glenn Middle School or Sherwood Park properties as educational opportunities for students and the general public. The City will provide the necessary planting materials to establish all rainwater gardens. Exhibits 3, 4 and 5 in Appendix A illustrate the proposed street and storm sewer improvements. 4 C. Sanitary Sewer Improvements The existing sanitary sewer within the project area will be televised and structures visually inspected. Through visual inspection, City staff may identify sanitary manholes to be reconstructed, or sanitary sewer main or services to be replaced. Properties not currently serviced by sanitary sewer or properties which maybe subdivided in the future will require additional sanitary service to be constructed as a part of this project. All existing sanitary manhole castings within the project area are proposed to be replaced. For the purposes of this feasibility study, we have assumed approximately 500 linear feet of 8-inch sanitary sewer main to be replaced, and 300 linear feet of 6-inch sanitary sewer services to be replaced or installed. D. Watermain Improvements St. Paul Regional Water Services (SPRWS) owns and operates the watermain that services this project area. SPRWS has indicated that no watermain on Hazelwood Street will be replaced as a part of this project. However, SPRWS does anticipate lowering, replacing or providing cutoffs to four existing services. SPRWS has identified ten existing hydrants and gate valves to be replaced. In addition, existing gate valves are proposed to be adjusted as necessary per the proposed grades. Properties not currently serviced by watermain or properties which maybe subdivided in the future will require additional watermain service to be constructed as a part of this project. For the purposes of this feasibility study, we have assumed approximately 50 linear feet of existing watermain services will need to be replaced, and 150 linear feet of 1-inch copper watermain services will be installed. For this study, we have included costs for the replacement of the ten existing hydrants in the project contract. It is likely that SPRWS may replace, at their own cost, all hydrants prior to the start of this contract by their own forces. In this case, hydrant replacement costs will not be included in the final contract for this project. 3. RIGHT-OF-WAY AND EASEMENT REQUIREMENTS This feasibility study assumes that no additional right-of--way will be required for the construction of this project. In addition, it is assumed that any easements required for construction will be dedicated at no cost to the City. 4. ESTIMATED COSTS The estimated costs for the Hazelwood Street Improvements, City Project 07-25 are detailed below. The estimated project costs include a 10 percent construction cost contingency and a 25 percent allowance for indirect costs such as engineering, administrative, and legal items as well as capitalized interest. Detailed cost estimates are provided in Appendix B. Proposed Improvement Estimated Cost Street Improvements $ 1,628,000 Storm Sewer Improvements $ 523,000 Sanitary Sewer Improvements $ 91,000 Watermain Improvements $ 80,000 Driveway Replacement Program $ 30,000 Total Project Cost $ 2,352,000 The City's Capital Improvement Plan (CIl') 2008-2012, estimated the cost for these improvements to be $3,530,000. 5. METHOD OF FINANCING The Hazelwood Street Improvements, City Project 07-25, are proposed to be financed through multiple funding sources. The following is the preliminary financing plan for the project. Source Amount Bonds -M.S.A. $ 1,701,902 Bonds -Special Assessment $ 433,098 Sanitary Sewer Utility Fund $ 91,000 SPRWS Funding $ 40,000 WAC Fund $ 40,000 Comforts of Home Sidewalk Escrow $ 16,000 Driveway Replacement Program $ 30,000 Total $ 2,352,000 6. ESTIMATED ASSESSMENTS Special street assessments for the proposed street improvements are proposed to be levied against benefiting properties on a per unit basis for single-family residential properties and per FF for multi-family residential and commercial properties. The City's 2008 street assessment rates for a full street reconstruction are as follows: Residential Street Assessment $5,460/Unit Commercial and Multi-Family Residential $109.20/FF Street Assessment The total amount to be funded through street assessments is $424,188 which represents: 42 residential units for full reconstruction for a total of $229,320 1389.51 commercial FF for full reconstruction for a total of $151,734 395.00 multi-family residential FF for full reconstruction for a total of $43,134 6 Special storm sewer assessments for the proposed storm sewer improvements are proposed to levied against benefiting properties on a per unit basis for single-family residential properties and per FF for multi-family residential and commercial properties. Only properties that have not been previously assessed for storm sewer improvements will be assessed for storm sewer improvements at this time. The City's 2008 storm sewer assessment rates are as follows: Residential Storm Sewer Assessment $900/Unit Commercial Storm Sewer Assessment $18.00/FF The total amount to be funded through storm sewer assessments is $8,910 which represents: 2 residential units for a total of $1,800 395.00 multi-family residential FF for a total of $7,110 Therefore, the total assessments to be levied against benefiting properties for street and storm sewer improvements are $433,098. *Front footage (FF) rates are for multi-family or commercial properties and are determined by dividing the unit rate by 75 and multiplying the result by 1.5. Exhibits 6, 7, and 8 in Appendix A illustrate the properties proposed to be assessed. A preliminary assessment roll is included in Appendix C. The preliminary assessment roll details the proposed assessments by individual lots. 7. PROJECT SCHEDULE The following is the proposed project schedule: City Council Receives Feasibility Report City Council Authorizes Preparation of Plans and Specifications Public Hearing City Council Approves Plans and Specifications/ Authorizes Ad for Bids Bid Opening Assessment Hearing/Award Contract Start Construction Construction Complete 8. SUMMARY AND RECOMMENDATIONS February 11, 2008 February 11, 2008 February 25, 2008 March 24, 2008 April 18, 2008 April 28, 2008 May 5, 2008 November 30, 2008 Based upon the analysis completed as a part of this report, the proposed Hazelwood Street Improvements, City Project 07-25 are feasible, necessary, and cost effective. We recommend the following: 7 A. The Maplewood City Council accept this feasibility study and report on January 28, 2008 and order a public hearing for February 25, 2008. B. After receiving the appropriate staff reports, staff information and public hearing input, the Council must decide on the approval or rejection of the proposed public improvements, and could proceed to order the proposed improvements. APPENDIX A EXHIBITS DEMC)NT P~VE, ~ ~ ~ BROOKS RVE E~ ~ ~ ~ - ~ ~ ~- ~ W ~ P,VE~ 11th ~ ~ ~ Q ~ ~P ~ SEXTP~NT ~'~' z Q ~ GER"^~ P~VE~ ~ ~ GERVP~IS GF ° 'r CT. 36 ~ ~ 36 ~ Q H~a~ ,~ ~~~ ~vE~ ~ C^PE P~VE~ ~ ~ _ ~VE~ '- ~~, ~ - ~ - ~ aRK ~ RVE~ ~ W ~ ~ ~ ~ ~ ~ ~ ~ v ~ ~ ~ z ~P~URIE ,URIE ~ RD. ~ ~ ~ ~ ~ q Q ~ ~ ~ ~ N Q ~ ~ W ~ ~ 1 ~ ~ ~ ~ ~ ~ SRNDHU RST RV E~~ ^, RD. ~ B ~ E ~VE~ ~' ~P ~ E~~~ ~ ~ 65 ~ ~~ ~ ~ ~ ~ 4 CENTER J ~ ~' L R ~ 3 ~ ~ W ~ ~~ ~ SKI~~ ~ _ - _~ PROJECT Ewoo~ ~~E~ ~ ~ w o ~ LOCATION ~ ~~E~ ~ ~,~ SRO T ~ - ~~~~~ ~_' ~ 150 ~~ ~ ~ ~ ~ ~ ~ ° ~ U~ M M~~ ~VE~ ~ z SUMME ~ ~ ; ~~' ~ PTV E~Q z ~ ~ ~ ~ i ~' ~ z ~~~ C ~ ~ ~ ' I I ~ ~ ~ RIP~EY P~VE, ~ ~ PROJECT LOCATION MAP City of Maplewood, Minnesota Department ofPublic Works HAZELWOOD STREET Engineering Division IMPROVEMENTS lGmley-Horn ~ CITY PROJECT 07-25 1 __ _ ~ and ~4saoaates, Inc. n~v~E. ~ sane ~a ~ , a ~~ a m~e EXHIBIT 1 VI [~ C/J vl N aNi °° U y~ U S y ~: ~ O~ ~ ~~ ~ ~ ~ ~ i ~ ~ U L 1 ~ : ~£ ~ r~ 3 a°. k k i s ~ ~^ 3 ~ _ J k, - -- 03 - =_ u3 J II II IIIIIII IIVIII m ? ~ J =_- nl <~ °w 0 d 0 d ~~ ~ z Y I Q - d 3 p V ~ ; N - N J 3 ,`~ O V O ~ ~ o O <1 u~ m u °I a~i a m cf f m m m J J ~ ~ ~ 3 3 III Q ~ _ _ ~ _ _ W N i s Z 0 5 0 5 - fiMP'wlV~id:.i SZCadJ\uiliei5V 3j\SiieiH n .-to d~\aooM3ldtlW Jo niiJ\'~ ? tt C ~d h E. rn ~ ~ h ~ M ~ m ~ ~ K m N ^„ N r TF.i W ~ ] ~ fl A ~ ~ p !~R7! = r ~ o ~ N o ~ ~ $°: ~ ~ /v W - o `" . 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' 1 I I - rJ i , ~ ~ ~ u l- i ~r I ti I I ~ I J I I - ' ' ' I~ l~ ------------- ~ ~ l I I ~' f l I ' ' ~ ~ I ,~ ~ , I ~ - -- - I_ ~~r ~ r~ I ~ , I ~ _ I I I ~ / I ~ ~ i? l r l i~ II ~ , ~- ~, rJ- ~ IJ I_I I, ~, / ~ 'i I _ ~r~ l i I _ - L - I I _ rl ~ I I I r ~ -. r I I rl i _ r I I -~ ` 8 0- `- j l J- J- j ~ ~S Hazelwood Street Improvements (City Project 07-25) Exhibit 6: Street Reconstruction Assessments (North of County Road B) I DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and I data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramsey County (January 2, 2008), The Lawrence Group;January 2, 2008 for County parcel and property records data; January 2008 for commercial and Hazelwood Street Improvements (City Project 07-25) Exhibit 7: Street Reconstruction Assessments (South of County Road B) ~~~ ~. r t DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramsey County (December 3, 2007), The Lawrence Group;December 3, 2007 for County parcel and property records data; December 2007 for Hazelwood Street Improvements (City Project 07-25) Exhibit 8: Storm Sewer Assessments (North of County Road B) t i 1 - _ i _ _ ~~ DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramsey County (December 3, 2007), The Lawrence Group;December 3, 2007 for County parcel and property records data; December 2007 for APPENDIX B DETAILED COST ESTIMATES CITY OF MAPLEWOOD HAZELWOOD STREET IMPROVEMENTS CITY PROJECT 07-25 ESTIMATED COSTS STREET IMPROVEMENTS Item No. Item Units Quantity Unit Price Amount 1 Mobilization LS 1 $ 90,000.00 $ 90,000.00 2 Remove Bituminous Pavement SY 19,500 $ 1.75 $ 34,125.00 3 Remove Driveway Pavement SY 2,000 $ 4.00 $ 8,000.00 4 Sawing Bituminous Pavement LF 1,250 $ 3.00 $ 3,750.00 5 Adjust Gate Valve EA 12 $ 275.00 $ 3,300.00 6 Subgrade Excavation CY 6,000 $ 10.00 $ 60,000.00 7 Common Excavation CY 12,000 $ 10.00 $ 120,000.00 8 Clearing and Grubbing LS 1 $ 10,000.00 $ 10,000.00 9 Select Granular Borrow CY 6,000 $ 13.00 $ 78,000.00 10 Topsoil CY 1,500 $ 15.00 $ 22,500.00 11 Geotextile Fabric SY 7,000 $ 1.50 $ 10,500.00 12 Aggregate Base, Class 6 TON 10,000 $ 10.50 $ 105,000.00 13 Bituminous Base Course (2") TON 2,750 $ 48.00 $ 132,000.00 14 Bituminous Wear Course (1.5") TON 2,100 $ 48.00 $ 100,800.00 15 Concrete Curb & Gutter (6618) LF 11,000 $ 9.00 $ 99,000.00 16 4" Concrete Sidewalk SF 31,500 $ 3.50 $ 110,250.00 17 Bituminous Driveway Reconstruction SY 1,250 $ 16.00 $ 20,000.00 18 Concrete Driveway Reconstruction SY 650 $ 45.00 $ 29,250.00 19 Signage/Striping LS 1 $ 5,000.00 $ 5,000.00 20 Traffic Control LS 1 $ 10,000.00 $ 10,000.00 21 Erosion Control LS 1 $ 40,000.00 $ 40,000.00 22 Landscaping LS 1 $ 40,000.00 $ 40,000.00 23 Sod SY 17,500 $ 3.00 $ 52,500.00 Subtotal $1,184,000.00 10% Construction Contingency $ 118,000.00 Total Construction Cost $1,302,000.00 25% Indirect Cost $ 326,000.00 Total Estimated Project Cost $1,628,000.00 CITY OF MAPLEWOOD HAZELWOOD STREET IMPROVEMENTS CITY PROJECT 07-25 ESTIMATED COSTS STORM SEWER IMPROVEMENTS Item No. Item Units Quantity Unit Price Amount 1 Remove Storm Manhole EA 12 $ 350.00 $ 4,200.00 2 Remove Storm Sewer Pipe LF 600 $ 8.00 $ 4,800.00 3 15" Storm Sewer LF 1,200 $ 28.00 $ 33,600.00 4 18" Storm Sewer LF 900 $ 30.00 $ 27,000.00 5 21" Storm Sewer LF 300 $ 34.00 $ 10,200.00 6 24" Storm Sewer LF 600 $ 36.00 $ 21,600.00 7 18" FES w/Trashguard EA 3 $ 1,200.00 $ 3,600.00 8 24" FES w/Trashguard EA 3 $ 1,400.00 $ 4,200.00 9 Catch Basin (2' x 3') EA 10 $ 1,400.00 $ 14,000.00 10 Manhole Catchbasin (48") EA 18 $ 2,000.00 $ 36,000.00 11 Manhole Catchbasin (60") EA 3 $ 2,500.00 $ 7,500.00 12 Storm Manhole Casting EA 10 $ 500.00 $ 5,000.00 13 Coarse Filter Aggregate Foundation TON 300 $ 27.00 $ 8,100.00 14 Granular Backfill CY 400 $ 12.00 $ 4,800.00 15 4" Perforated PVC Pipe Drain LF 800 $ 8.00 $ 6,400.00 16 Rainwater Garden Preparation LS 1 $ 25,000.00 $ 25,000.00 17 Random Rip Rip Class III CY 40 $ 75.00 $ 3,000.00 18 Inlet Protection EA 40 $ 200.00 $ 8,000.00 19 Connect to Existing Storm Sewer EA 10 $ 750.00 $ 7,500.00 20 Footprint Lake Enhancements LS 1 $ 30,000.00 $ 30,000.00 21 Knucklehead Lake Enhancements LS 1 $ 30,000.00 $ 30,000.00 22 Wakefield Lake Outlet Enhancements LS 1 $ 30,000.00 $ 30,000.00 Subtotal $ 325,000.00 10% Construction Contingency $ 33,000.00 Total Construction Cost $ 358,000.00 25% Indirect Cost $ 90,000.00 Subtotal Estimated Project Cost $ 448,000.00 RWMWD Infiltration Enhancements $ 75,000.00 Total Estimated Project Cost $ 523,000.00 CITY OF MAPLEWOOD HAZELWOOD STREET IMPROVEMENTS CITY PROJECT 07-25 ESTIMATED COSTS SANITARY SEWER IMPROVEMENTS Item No. Item Units Quantity Unit Price Amount 1 Remove Sanitary Sewer Main LF 500 $ 10.00 $ 5,000.00 2 Remove Sanitary Sewer Service LF 300 $ 8.00 $ 2,400.00 3 Remove Sanitary Manhole Casting EA 16 $ 100.00 $ 1,600.00 4 Reconstruct Sanitary Manhole LF 30 $ 250.00 $ 7,500.00 5 Regrout and Seal Existing Service EA 2 $ 1,200.00 $ 2,400.00 6 Sanitary Manhole Casting EA 16 $ 650.00 $ 10,400.00 7 Coarse Filter Aggregate Foundation TON 75 $ 27.00 $ 2,025.00 8 Granular Backfill CY 100 $ 12.00 $ 1,200.00 9 8" PVC SDR 35 Sanitary Sewer Main LF 500 $ 35.00 $ 17,500.00 10 6" PVC SDR 26 Sanitary Sewer Service LF 300 $ 28.00 $ 8,400.00 11 8"x6" PVC Service Wye EA 10 $ 750.00 $ 7,500.00 Subtotal $ 66,000.00 10% Construction Contingency $ 7,000.00 Total Construction Cost $ 73,000.00 25% Indirect Cost $ 18,000.00 Total Estimated Project Cost $ 91,000.00 CITY OF MAPLEWOOD HAZELWOOD STREET IMPROVEMENTS CITY PROJECT 07-25 ESTIMATED COSTS WATERMAIN IMPROVEMENTS Item No. Item Units Quantity Unit Price Amount 1 Remove Water Service LF 50 $ 3.00 $ 150.00 2 Remove Hydrant EA 10 $ 500.00 $ 5,000.00 3 6" DIP CL 53 Water LF 225 $ 26.00 $ 5,850.00 4 1" Copper Watermain (Service) LF 200 $ 15.00 $ 3,000.00 5 Fire Hydrant EA 10 $ 2,500.00 $ 25,000.00 6 6" Gate Valve and Box EA 10 $ 900.00 $ 9,000.00 7 1" Corporation Stop EA 8 $ 150.00 $ 1,200.00 8 1" Curb Box EA 8 $ 175.00 $ 1,400.00 9 Watermain Cutoff EA 2 $ 500.00 $ 1,000.00 10 Coarse Filter Aggregate Foundation TON 50 $ 27.00 $ 1,350.00 11 Granular Backfill CY 150 $ 12.00 $ 1,800.00 12 2" Rigid Insulation SY 50 $ 25.00 $ 1,250.00 13 Ductile Iron Fittings LB 500 $ 4.50 $ 2,250.00 Subtotal $ 58,000.00 10% Construction Contingency $ 6,000.00 Total Construction Cost $ 64,000.00 25% Indirect Cost $ 16,000.00 Total Estimated Project Cost $ 80,000.00 APPENDIX C PRELIMINARY ASSESSMENT ROLL N ~n h' F 2 W ~ ~ f f d y W O N ~ O Q y W K O `t Z 30 w w ~ '~` ~ a = U w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w a ~ m ~~ ~ w .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ w 5 ~ £ _ S ~ S S -, ~ 8 5 n t S 5 5 ? 5 S .. S S ~ S S 5 8 5 5 3 ~ S .. z S 5 ~ S 5 8 3 S S ~ ~ ~ ~ p z c. z z ~ z z ~ ~ a S ~ ~ o wx E ~ _ _ _ _ _ E z 4 W o ~ ~ ~ ~ ~` ~ 4 _ ~ 5 ~ J ~ t _ z ~ ~ ' S u 3 d `S ~ ~ ~ ~ ~ E b k C qa ~ ~ ~ ~ ~ ' ~ H 5 5 ~ g C" 5 r ~ ~ ~ ~ E k ~ ~ ~ ~ d ` ?u _ ~ ~ 5 ~ z m - ~ 6 ~ ~ ~ ~ 4 - `3 ~ ~ c~ 3 ~ 4 ~ ~ _ r n E p 8 E 8 8 E ~ 8 8 ~ E 8 ~ E 8 8 E ~ 8 E ~ 8 8 ~ E 8 8 E 8 8 E ~ 8 8 ~ E 8 ~ E ~ ~ ~' c ~ ~ ~ ~ ~ ~ ~ ~ 5 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 5 ~ ~$ ~ 3 5 - ~ ~ S 5 - ~ S - Agenda Item G2 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Civil Engineer II Jon Jarosch, Civil Engineer I SUBJECT: Sterling Street Improvements, City Project 07-32 a. Public Hearing 7:15 pm b. Resolution Ordering Improvement after Public Hearing (4 votes) DATE: February 14, 2008 INTRODUCTION The public hearing for this project has been scheduled for 7:15 p.m., Monday, February 25t", 2008. Notices of the public hearing have been mailed and published. The feasibility study was provided to council at the February 11t", 2008 city council meeting and is also attached as a supplement to the packet. The study includes information on the proposed improvement, proposed financing and probable assessments. The city council will consider ordering the improvement following the public hearing. Background The city council ordered the preparation of the feasibility study at the October 22nd, 2007 regular meeting under the Myrtle-Idaho Street Improvement Project, City Project 07-19. On February 11t", 2008 the city council approved the removal of Sterling Street from City Project 07-19 and established it as Sterling Street Improvements, City Project 07-32. The City Council subsequently accepted the feasibility report and ordered the public hearing. DISCUSSION Improvements for this street are listed on the city's capital improvements project plan for 2008. The project involves the reconstruction of approximately 0.5 miles of residential street and affects approximately 23 properties. The northern 1300 feet of Sterling Street (north of Ripley Avenue) consists of a residential neighborhood and is a border street between the City of Maplewood and North Saint Paul. The southern 1300 feet is bordered by Hill Murray School Property on the east. The west side of this segment is bordered by a portion of City of Maplewood owned property, as well as apartment complex property. A large portion of this southern segment is bordered on both sides by high quality wetlands. The streets in the majority of the project area are planned for complete reconstruction as these streets do not have concrete curb and gutter. The portion of Sterling Street bordered by wetlands is planned for only an overlay to minimize excavation and impacts to the surrounding wetlands. Stormwater runoff will be treated via regional rainwater gardens to improve water quality prior to discharge into the wetlands. City staff will work with the watershed district and other agencies to ensure that wetland impacts are minimized and an overall improvement to the quality of the wetlands is achieved. The rainwater garden program and driveway replacement program will be utilized for this project. Storm sewer improvements along with sanitary sewer repairs are proposed. Sterling Street is serviced by North Saint Paul watermain, which is in need of replacement. This is proposed to be done as part of the project. A neighborhood meeting was held the evening of January 23rd at the Maplewood Community Center. This meeting covered proposed improvements, assessment information, and resident driven issues and Agenda Item G2 concerns. Approximately 16 residents attended. Residents brought up issues such as traffic volumes and speeding, protecting the wetland, and lighting. The feasibility report prepared by the city's consultant discusses the existing traffic volumes and speeds, which were found to be in line with a normal residential street. Three street options are mentioned in the report as a result of early resident input. The options include: closing the road, leaving it as a two way, or making it a one way. The feasibility recommendation is to rebuild it as a two way road, but the topic should be discussed. City engineering staff received a petition on February 14t", 2008, signed by 25 residents requesting that Sterling Street between Larpenteur Avenue and Ripley Avenue be closed. The petition is included as a supplement to the packet and describes the resident concerns. Also included within the packet are tabulated responses to the typical design questionnaire. The proposed project schedule anticipates construction beginning as early as May 2008 and final completion of the project in September of 2008. Budget Impact The total project budget as reported in the feasibility study is $1,288,933. The project budget detailed in the city's capital improvement plan is $2,400,000. The amount of G.O. Improvement Bonds recommended in the feasibility study is $385,769. 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 Feasibilit y Recommendation 2008-2012 CIP Estimate Special Assessments $ 213,164 $ 467,000 Environmental Utility Fund $ 200,000 $ 200,000 City of North Saint Paul $ 490,000 $ 400,000 City - G.O. Improvement Bonds $ 385,769 $1,333,000 TOTAL ESTIMATES $1 ,288,933 $2,400,000 RECOMMENDATION It is recommended that the city council approve the attached resolution ordering the Sterling Street Improvements, City Project 07-32. (Four affirmative votes are required to approve this resolution) Attachments: 1. Resolution 2. Resident Petition 3. Questionnaire Results 4. Feasibility Study 5. Location Map RESOLUTION ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 11th day of February, 2008, fixed a date for a council hearing on the proposed street improvements for the Sterling Street Improvements, City Project 07-32, and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on February 25th, 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: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to the Sterling Street Improvements, City Project 07-32. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 25th day of February 2008. 3. The City's consultant engineer, SEH 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 finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $1,288,933 shall be established. The proposed financing plan is as follows: Sterling Street Improvements, City Project 07-32 GO Debt Service $ 385,769.00 30% Special Assessments $ 213,164.00 17% Environmental Utility Fund $ 200,000.00 15% City of North Saint Paul $ 490,000.00 38% Total $ 1,288,933.00 100% 1'1 I'E"I'i(?N STERLING ST. NORTH PROJECT We the following neighbors would like Strerling Sts closed between Ripley and Lar enter Ave. due to the following concerns- 1- Sterling has had an increase in traffic and speed since the area from Ripley to Larpenteur was surfaced. Our street has become unsafe to walk on and unsafe for children waiting for the school bus, 3. There are also drug dealings, drinking and other things of on in this area of Sterling. on Sterling St. North are will to make that sacrifice. ~ ~a/ b ¢~ ~ Y _.~ _, ~v:, _____ ~ u._ r. .~,. ~ _~_ Sterlina Street Petition PC 1. Jid asp A-1 19. 20. 21. 2 2. -)� Ll 24. 25. a` 26. 27. 29. 30. es Page 3 of"53 C, '/ tv ef I -C Ary fie-- IA I kl/ V / J W W ~_ Q Z O N 1 ^~ 1..6 L~ r U C O ~ O ~ 0. 0 -O d u, O v, O v, ~ O u, (6 R ~, ~ ', ~ >, >' ~ >' ~ 3 0 > ~ 'C N ~ N T d - N N N Y `1 s' a+ Y C C Y Y Y C (6 O_ O- ~ f6 c6 c6 d ~ ~ ..O .n tC N (~ ~ ~ T .` , ~. a N U d N 'D R ~ N N O O N C7 ~ X X X X r N ~ O G O C O C ~ O C W ~ R O ~ O N ~ G ~ _ R ~ ~. N O_ d O_ ~ N N N O C G C C C C C T N = C 'm •~ ~ -`o 0 c N W 7 N N am y , O O O O O O O O O {.' C C C C C C C C C R .S R ' ~ O 00 O N ~ O OJ O U N O N O O N O N ~ ~ N ~ N N ~ N ~ d N m N W a N a N R N N N N D ty R~ ing Sheet h Maplewood, Minn Original City Project Revised Project No. SEH No. A-MAPLEO February 1, 2008 ~~l ~fti ~~ . , x~ ~= _ .. ;lii February 1, 2008 RE: Sterling Street Improvements Feasibility Report Maplewood, Minnesota Original City Project 07-19 Revised City Project 07-32 SEH No. A-MAPLE0808.00 Mr. R. Charles Ahl, PE City of Maplewood 1830 County Road B East Maplewood, MN 55109-2702 Dear Mr. Ahl: Short Elliott Hendrickson Inc. (SEH°) is pleased to submit the enclosed Feasibility Report for the Sterling Street Improvements. Original City Project 07-19, Revised City Project 07-32. This report includes specific recommendations and estimated proj ect costs for the street and utility improvements. We are pleased to have had the opportunity to provide the report and are available for any assistance that you may require. Sincerely, a .. - ~ - ~.7i s Steven F. Heth, PE Project Manager ah s:~ o~n~napleAOSOLOOVeponi&.ipecs~ ~ easibility rptdoc Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer ~ www.sehinc.com ~ 651.490.2000 ~ 800.325.2055 ~ 651.490.2150 fax Sterling Street Improvements Feasibility Report Maplewood, Minnesota Original City Project 07-19 Revised City Project 07-32 SEH No. A-MAPLE0808.00 February 1, 2008 I hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. ~' Steven F. Heth, PE Date: February 1, 2008 Lic. No.: 20609 Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive St. Paul, MN 55110-5196 651.490.2000 Executive Summary Proposed Improvements: ^ Reconstruction of 2600 feet of roadway. ^ Replacement of 955 feet of watermain. ^ Installation of 1400 feet of storm sewer. The estimated cost for the improvements with 10% contingencies and 31.5% allowance for indirect costs are as follows: Street Improvements: $939,942 Drainage Improvements: 164,873 Sanitary Sewer Improvements: 9,606 Water System Improvements: 174,512 Total Estimated Project Cost: $1,288,933 The improvements are proposed to be financed through a combination of assessments to the benefiting properties and City contributions. The following is a summary of the proposed financing plan: Estimated Project Cost Recovery: Street Assessments: $ 193,044 Storm Sewer Assessments: 20,120 Environmental Utility Fund: 200,000 North Saint Paul: 490,000 G.O. Improvement Fund: 385,769 Total: $1, 288,933 Based upon our study, the proposed Sterling Street Improvement is feasible, necessary, and cost effective and will benefit the adj acent properties and the City of Maplewood. Feasibility Report A-MAPLE0808.00 City of Maplewood Table of Contents Letter of Transmittal Certification Page Executive Summary Table of Contents Page 1.0 Introduction ................................................................................................................ 1 1.1 History ................................................................................................................. 1 1.2 Resident Correspondence .................................................................................. 2 2.0 Streets ......................................................................................................................... 2 2.1 General ............................................................................................................... 2 2.2 Existing Conditions ............................................................................................. 2 3.0 Proposed Improvements ........................................................................................... 3 3.1 Street .................................................................................................................. 3 3.2 Driveway Replacement Program ........................................................................ 4 3.3 Stormwater Management .................................................................................... 4 3.4 Watermain ........................................................................................................... 5 3.5 Sanitary Sewer .................................................................................................... 5 4.0 Miscellaneous Private Utilities ................................................................................. 5 5.0 Erosion Control .......................................................................................................... 5 6.0 Wetlands ..................................................................................................................... 5 7.0 Traffic Control ............................................................................................................ 6 8.0 Project Cost ................................................................................................................ 6 9.0 Cost Recovery ............................................................................................................ 6 10.0 Project Schedule ........................................................................................................ 7 11.0 Conclusions and Recommendations ....................................................................... 8 List of Exhibits Exhibit 1 -Project Location Map Exhibit 2-3 -Proposed Street Sections Exhibit Exhibit 4 - 6 -Proposed Improvements Exhibit 7 -Street Assessment Map Exhibit 8 -Storm Assessment Map Exhibit 9 -Proposed Assessment Roll (Preliminary) Exhibit 10 -Cost Estimate SEH is a registered trademark of Short Elliott Hendrickson Inc. Feasibility Report A-MAPLE0808.00 City of Maplewood Page i Table of Contents (Continued) List of Appendicies Appendix A Meeting Minutes Feasibility Report A-MAPLE0808.00 City of Maplewood Page ii February 1, 2008 Feasibility Report Sterling Street Improvements Prepared for City of Maplewood 1.0 Introduction 1.1 History The portion of Sterling Street being studied was originally part of the Myrtle- Idaho Improvement Project, City of Maplewood Project 07-19. Sterling Street was split out of the Myrtle-Idaho project in order to further study traffic issues. The traffic issues in question were two-fold. First, residents reported that vehicles traveling at excessive speeds routinely used northbound Sterling as a route to Holloway. Secondly, residents questioned whether Sterling Street needed to be a through street. They questioned whether the section through the wetland could be eliminated. Traffic counts and a speed data were collected in October -December 2007. The data indicated that at Hill-Murray school start and dismissal times the percentage of student traffic versus other traffic varies from 20-35%. It is estimated that for the entire day, school traffic comprises 10% of the streets traffic, indicating a much greater use by the neighborhood. Speeds recorded during the study averaged 27 mph near Larpenteur Avenue and 25 mph north of Meadow Drive. The daily traffic volume on the street of approximately 350 vehicles combined with the observed speeds is very indicative of a residential street. It is estimated that closing Sterling Street off from Larpenteur Avenue would increase response time for fire and rescue to the south residential area, near Ripley Avenue, by approximately one minute. Based on this, the city engineer from North Saint Paul has requested that the roadway remain open from the south. An alternate approach would be to narrow the southern 1300' of Sterling Street and designate it one way to the north. This approach would allow emergency vehicles to achieve the same response time they have now. This would not eliminate the cut through traffic from the south. A-MAPLE0808.00 Page 1 The limits of the project are bounded on the south by Larpenteur Avenue and on the north by Holloway Avenue. The northern 1300' is a border street with the City of North Saint Paul. See Exhibit 1. The project street has a length of approximately 0.50 miles. The average weighted PCI rating for these streets is 50 out of 100 with failures including but not limited to transverse and edge cracking, medium to high severity patching, alligator and block cracking, and potholes. The street was constructed without concrete curb and gutter. The existing storm sewer is limited to catch basins at the Holloway intersection. The remainder of the street drains to the existing wetland north of Larpenteur Avenue. 1.2 Resident Correspondence The feasibility report for this project was ordered at the October 22, 2007 city council meeting. Subsequently a letter was mailed out to residents on December 19, 2007 to provide information on the council's action and that preliminary engineering, such as soil borings and a topography survey would begin within the neighborhood. The residents were notified that city staff would be preparing a mailer with a survey and some general information about street reconstruction. A neighborhood meeting with residents (both Maplewood and North Saint Paul) was held Wednesday, January 23, 2008, at the Maplewood Community Center. This meeting covered the proposed improvements, rain gardens, assessment information, and resident driven issues and concerns. Minutes are attached in Appendix A. 2.0 Streets 2.1 General The existing street in this neighborhood presents an ongoing maintenance problem for the City of Maplewood Maintenance Department. Of the infrastructure elements the City maintains (sanitary sewer, storm sewer and streets), the bulls of the maintenance activities consist of patching the roadway and filling potholes. This section of Sterling Street is considered a local street. It provides an outlet to the north and south for the local neighborhood. 2.2 Existing Conditions Presently, the condition of the street within the scope of this proj ect has a weighted PCI rating of 50. (Ripley to Holloway has a rating of 39). It is the city's goal to have streets at a 70 rating. Potholes and patches are abundant. Longitudinal and lateral cracks are also apparent on a majority of the street. Inadequate crown allows water to pond and traverse the street section, further deteriorating the roadway. The freeze and thaw cycles that happen every spring, combined with the old age and poor design of the street for the given subgrade, are responsible for the declining roadway condition. The poor soils beneath the road section were most likely never excavated and replaced with suitable sub-grade materials. The soils throughout this neighborhood have low R-values, which translates to an inadequate overall road structural section. The existing street width varies from 26' to 30', with an average of 28'. Feasibility Report A-MAPLE0808.00 City of Maplewood Page 2 To determine the existing pavement thickness and subgrade soil type, 6 soil borings were taken within the project area. The street within the proposed project area has deteriorated to the point where reactionary maintenance is no longer effective. Crack sealing, seal coating and overlaying are no longer cost effective solutions to maintain these streets. To be cost effective it is recommended that this street be reconstructed as part of this improvement project. 3.0 Proposed Improvements The street will be reclaimed, except the 400' section through the wetland area. Reclaiming the street is a material recycling process where the existing pavement surface, aggregate base and sandy subgrade soils are pulverized and mixed to form a new aggregate base material. This new homogeneous material is salvaged and reused. This process, where applicable, reflects a financial savings to the project since less material must be hauled from and to the site. 3.1 Street The proposed street design will use a B618 barrier curb and gutter on the southern 500' and the northern 1700'. The remaining 400', through the wetland, will be constructed without curb and gutter to lesson the impact on the wetland Exhibits 2-3 show the proposed typical street sections. Concrete curb provides delineation between the street and the boulevard. There are a number of long-term advantages to using concrete curb and gutter. The roadway edges are strengthened and reinforced by the concrete curb. Horizontal alignment and vertical elevations for the street are fixed during paving. Future pavement management operations are simplified, less expensive and less disruptive by having a concrete curb constructed. The proposed street section will generally consist of 8 to 12 inches of aggregate base topped with 3.5-inches of bituminous pavement. The exception to this will be the 400' section through the wetland. See Exhibits 4-6. The subgrade soils in this section consist of peat and would require deep subgrade excavation and replacement with lightweight fill to provide a 25 to 50 year roadway. This would not only be cost prohibited, but would also have extremely large wetland impacts during construction. 3.1.1 Street Options In response to resident concerns traffic and speed data was collected on Sterling Street between October and December 2007. The data was analyzed to determine if a traffic speed and volume problem exists and the impact to traffic flow if the street were to be closed. The data revealed a daily traffic volume of approximately 350 vehicles and average speeds of 25 mph to 27 mph. This is very indicative of a residential street and does not appear to pose a problem. School related traffic appears to account for 20% - 35% of the Sterling Street traffic during school start and dismissal times and approximately 10% of the street traffic on a daily basis. Feasibility Report A-MAPLE0808.00 City of Maplewood Page 3 During the school related time periods, there is evidence of higher speeds. Prior to the start of school, 69% of the southbound traffic is at or below the speed limit. This compares to 79% to 92% for the entire day. At school dismissal time, 60% to 73% of the northbound traffic is at or below the speed limit. This compares to 69% to 82% for the entire day. The low traffic volume and alternate access on the north end via Mary Joe Lane does not indicate a need of a through connection of this street for traffic flow purposes. However, since the residential area near Holloway Avenue is served by Fire Station #1, street closure would result in up to a one minute increase in fire or medical emergency response. The City of North Saint Paul has indicated that this is not acceptable. Design considerations included: ^ Two-way through roadway. ^ One-way northbound from Larpenteur to Ripley. ^ Closed through the wetland area. Maintaining atwo-way roadway would not change existing traffic patterns. Designating the southern portion of Sterling Street as one-way to the north would have no effect on emergency response times and northbound traffic flow including school dismissal cut through. It would also eliminate south bound traffic flow from the residential neighborhood and school start cut through traffic. Closing the road through the wetland would eliminate cut through traffic. However as previously stated this would add up to one minute to response times of fire and rescue services to the southern residential area near Ripley Avenue. We recommend that the street remain open as a two way through roadway. 3.2 Driveway Replacement Program The City has a Driveway Replacement Program available to all residents which allows property owners to use the city's selected street reconstruction contractor to replace existing substandard driveways. This program will be coordinated by city staff similar to past reconstruction projects. 3.3 Stormwater Management Sterling Street from Holloway to Larpenteur is currently a rural roadway section. Runoff from the roadway drains to nearby wetlands. Feasibility Report A-MAPLE0808.00 City of Maplewood Page 4 The proposed roadway will be an urban section with the exception of a small rural section through one of the wetland areas. See Exhibits 4 - 6. Locations have been identified for infiltration practices at the proposed storm sewer outlets and prior to draining into the existing wetlands. The City also plans to offer residents the option of individual rain water gardens to help provide additional treatment and volume reduction. The RWMWD's volume reduction requirements are applied to new impervious areas or areas where significant disturbance of the road sub grade will occur. There are a few locations that will be feasible for rain gardens or other storm water practices. The goal is to infiltrate one inch of runoff over the impervious surface within the project limits. 3.4 Watermain This area of Maplewood is served by North Saint Paul's water utility. North Saint Paul has determined that this section of watermain is in need of replacement. This will be done as part of the project. See Exhibits 5 - 6. 3.5 Sanitary Sewer This area is served by North Saint Paul's sanitary sewer utility. No major improvements are proposed for the existing sanitary sewer system. However, during the design phase, sanitary sewer mains and some of the sanitary sewer services will be televised and studied. Any damaged sanitary sewer main and services under the roadway will be repaired prior to the street reconstruction. This work would be performed as part of the overall project with repairs being paid by the North Saint Paul. 4.0 Miscellaneous Private Utilities Private utility companies will be notified of the proposed improvements. Utility coordination is of high priority and meetings will be held with all utility holders in the project area after the design process begins in order to identify utility conflicts and plan for utility relocation or upgrades if needed. 5.0 Erosion Control Erosion and sediment control methods will be implemented throughout the project. Silt fence, straw wattles, erosion control blanket, and other erosion protection methods will be utilized where direct runoff might occur. Inlet protection will be used to protect both the existing and new catch basins during construction. Street sweeping will occur, as needed, on all paved street surfaces throughout the project, including intersecting streets. Watering of exposed soils and aggregate material would be done as a dust- control measure. A RWMWD and an NPDES Construction Storm Water Permit will be required for the project. A Storm Water Pollution Prevention Plan (SWPPP) will be incorporated into the plans and specifications in accordance with the NPDES Construction Storm Water Permit. 6.0 Wetlands Wetland habitat exists on both the east and west side of Sterling Street. Preliminary project plans for the reconstruction of Sterling Street do not require widening or regrading of the existing road bed, therefore impacts to wetland habitat should be avoided. If proj ect plans change and wetland Feasibility Report A-MAPLE0808.00 City of Maplewood Page 5 impacts are necessary, the road will be designed with appropriate sequencing considerations (i.e. avoidance, minimization, mitigation) and the City will apply for wetland permits from the appropriate local, state, and federal government agencies. If there are unavoidable impacts requiring mitigation, the City would pursue mitigation within the same wetland complex and would likely combine the mitigation plan with an adj acent proj ect. 7.0 Traffic Control 8.0 Traffic from outside the neighborhood should not be greatly impacted by construction except for those vehicles using the neighborhood streets to get between Larpenteur Avenue and Holloway Avenue. A construction project of this magnitude will result in some inconvenience and disruption to the neighborhood and its residents. Signage will be installed noting that streets are for local traffic only. Emergency access for vehicles will be available 24-hours a day throughout the project. During short periods of time, however, some segments of the project may not be passable while certain work is being executed. In these instances, access would be available from another direction. Streets would always be reopened at the end of the day. An alternate route for the fire trucks will be determined for short periods of time when access maybe blocked due to construction. Residents with concrete curb work, or concrete driveway apron replacements, will not be able to use their driveways during the week the concrete is curing. During that time, Maplewood police will be notified of the arrangement in order to add patrols while residents are required to park on the streets. Project Cost The estimated project cost is outlined below. Estimated Project Costs: $1,288,933. The estimated costs for the proposed project are outlined below. The estimated costs include 10% contingencies and 31.5% overhead, which include engineering, administrative, legal, and fiscal expenses. Exhibit 10 provides a more detailed construction and project cost estimate. Estimated Protect Cost Summary Street Improvements: Drainage Improvements: Sanitary Sewer Improvements Water System Improvements: Total Estimated Project Cost: 9.0 Cost Recovery $939,942 (72.9%) 164,873 (12.8%) 9,606 (0.8%) 174,512 (13.5%) $1,288,933 (100%) Based on the City of Maplewood's Pavement Management Policy, a portion of the project cost is assessed on an equal "unit" basis. The "unit" would be based on an average residential lot, as has been used in the past. There are 15 assessable parcels within the project area. Exhibit 7 and 8 show the properties proposed to be assessed for street and storm, respectively. Exhibit 9 details the preliminary assessment roll. Feasibility Report A-MAPLE0808.00 City of Maplewood Page 6 The city's 1999 pavement management policy identifies certain improvement options with established assessment rates for each of those options. The 2008 assessment rates were set by the city council and the following assessment rates would apply. Residential Rates: ^ $5,460/unit for full street reconstruction (adding or replacing curb & gutter). Commercial or Multi-Family Rates: ^ $109.20/Front Ft. for full street reconstruction (adding or replacing curb & gutter). ^ $18.00/Front Ft. for drainage improvements. Estimated Proiect Cost Recovery Street Assessments: $193,044 (15.0%) Storm Sewer Assessments: 20,120 (1.6%) Environmental Utility Fund: 200,000 (15.5%) North Saint Paul: 490,000 (38.0%) G.O Improvement Fund: 385,769 (29.9%) Total: $1,288,933 (100%) ^ 10.0 Project Schedule The following schedule maybe implemented, should it be determined to proceed with the project: Receive feasibility study and order public hearing :.............................. 2/11/08 Public Hearing :..................................................................................... 2/25/08 Order Improvement and authorize preparation of plans and specs:...... 2/25/08 Approve plans and specs and authorize advertisement for bids:.......... 3/24/08 Bid date :................................................................................................ 4/18/08 Assessment Hearing :............................................................................ 4/28/08 Accept bid and award contract :............................................................ 4/28/08 Begin construction ................................................................................ 5/12/08 Complete construction .......................................................................... 8/31/08 Assessments certified to Ramsey County ........................................... 10/30/08 Feasibility Report A-MAPLE0808.00 City of Maplewood Page 7 11.0 Conclusions and Recommendations From the results of the feasibility study and investigations, it can be concluded that: 1. The project is feasible as it relates to general engineering principles, practices and construction procedures as it has been presented in this report. 2. The project is necessary for economic and safety reasons and is cost effective when all the related costs are considered -environmental, private and public. 3. The proposed improvement is necessary to maintain the city's infrastructure. 4. The total cost estimate for the project is $1,288,933. 5. The total share proposed to be assessed to the benefited properties is $213,164. 6. The total city share of these costs is proposed to be $385,769. 7. Environmental utility fund will contribute $200,000 to the project. 8. The City of North Saint Paul will contribute $490,000. In consideration of the above conclusions, it is recommended that: L If the city council deems the project feasible, a public hearing should be held as soon as possible. 2. The proposed improvements should be constructed as outlined in this report. 3. The cost of the improvements will be recovered through assessments to the benefited and through city contributions. 4. The construction plans for Myrtle Street and Idaho Avenue should be included with the Sterling Street plans and constructed under one contract. 5. A Joint Powers Agreement should be entered into with the City of North Saint Paul for the purpose of reimbursement. 6. The street remains open as a two way through roadway. Feasibility Report A-MAPLE0808.00 City of Maplewood Page 8 List of Exhibits Exhibit 1 -Project Location Map Exhibit 2-3 -Proposed Street Sections Exhibit Exhibit 4 - 6 -Proposed Improvements Exhibit 7 -Street Assessment Map Exhibit 8 -Storm Assessment Map Exhibit 9 -Proposed Assessment Roll (Preliminary) Exhibit 10 -Cost Estimate HO RTH SAI HT PAUL z w 0 HOLLOWAY AVE. ~ ~ 119 ~ TI NE A I/ v~ ~ ~ w ~ Hillside w Park ~ ME DO W DR ~ 2 l ~ ~ J , ~ ~ ~ o o R lP BEY J RI PLEY AV ~ -3 qV KINGSTON ~ Z i ~ AVE. o ~ ~ _ c~ ~ z ~ Q ~ ~ MCKNIGHT LN J w _ ~ cn LARPENTEUR AVE. w ~ ~ ~ ~ o HOLLOWAY AVE. N 119 0 N KNOLL CIR. ~ ~ 1" =1000' PROJECT Q LOCATION HILL-MURKY w HIGH SCHOOL ~ LARPENTEUR AVE. 0 IDAHO AVE. ~ f- ~ ~ w o° "' ~ ~ ~ ~ ~ ~ Q ~ HOYT AVE. g ~ MONTANA AVE. MONTANA MONTANA CIR, C~ w 1- ~ TEVLIN OAK z AVE, _ ~ CT, CIR, ~ LN z ~ '9,p ~ ~ SP o ~ NEBRASKA')-~ ' S P~ \\~ P 1 ° ~ ~ ~~ T , ~ 2 3 4 ~ P R AN DR Nebraska ~ /~' , ~ U Sterling BE MLA A CT Park ~ Oaks a~ U N cV ~Cl cV cV a a cV ARL~NGW ON ~ Park ~ ` OAKHILL CT z J ~ ~ ~ ~ O ~lll~L ANGELA Jim's CT ~ ~ ~ 7' U ~ C7~ Prairie 5 6 7 ~ w Q ~ G ` IC EY LN ELKHEART LN ~Y AVE ~ ~ ~ ~ DOL HIN DR o . ~ ~ ~ ~ TILSE TILSEN J COYOTE LN ~ w ~, J ~ AVE. CT ~ BISON LN ° z w ~ } w . ~ ~ 2 ~ ~ Q Q ~ v 1 3 4 ~ o HAWT HOR NS AVE. MARYLAND 5 MARYLAND AVE. / FILE N0. STERLING STREET ~~ 3535CVADNNS CENTERDDR, AMAPLE0808.00 LOCATION MAP EXHIBIT SEH ST. PAUL, MN 55110 ~3 X08 MAPLEWOOD, MN ~ 1 ~W 66' CIE R/W 33 5' 15' 15' 5' ~ BLVD BLVD ~ ~ ~ ~ 9.~ A ;1 4y 2.5% 2.5% 4% A~ > r ~~ f 1'(TYP~ 4" PERF. P.E. PIPE DRAIN (TYP.) W/ FILTER AGGREGATE. SEE PLAN SHEET FOR LOCATIONS. (IF STREET IS SUBCUT) 2' SUBCUT W/ SELECT - GRANULAR BORRDW BACKFILL (IF NECESSARY) 1 1/2" TYPE LV3 BIT. WEAR COURSE (LVWE35030B) 2357 BIT. TACK COAT 2" TYPE LV3 BIT. BASE COURSE (LVNW35030B) 8"-12" CL. 6 AGGREGATE BASE B618 CONC. C&G (TYP.) 6" SELECT TOPSOIL & SEED (TYP.) ~ 73' SOUTH OF RIPLEY AVE. VARIES SOUTH OF KNOLL CIR. 14' FROM 900' NORTH OF LARPENTEUR TO RIPLEY AVE. STERLING STREET (EXCEPT THROUGH WETLAND) U N O cV ~Cl cV a a cV J FILE No. STERLING STREET PHONE, 651.490.2000 AMAPLE0808.00 EXHIBIT 353STVPAUL~,MNE5510DR DATE: URBAN TYPICAL SECTION SEH i/3i/o8 MAPLEWOOD, MINNESOTA 2 R/W 73, R/W VARIES ~ 2, 12' 12' 2' ~ ~ SHLD. ~ SHLD. ~ LANE LANE 2.5% - 2.5% -~ `~ A'• f 9. ~ ~_~ ~ ~ ~_~ 1 1/2" TYPE LV3 BIT. WEAR COURSE (LVWE35030B) 2357 BIT. TACK COAT 2" TYPE LV3 BIT. BASE COURSE (LVNW35030B) EXISTING MILLINGS (TO REMAIN INPLACE) EXISTING COMPACTED SUBGRADE/ AGGREGATE BASE STERLING STREET (THROUGH WETLAND) U N cV a a cV J F~~E No. STERLING STREET PHONE, 651.490.2000 AMAPLE0808.00 EXHIBIT ~ 353STVPAUL~, MN E 55,10 DR DATE: RURAL TYPICAL SECTION 3 SEH i/3i/o8 MAPLEWOOD, MINNESOTA g 0 b O N s a L U N _~ LC) N O O N g 0 b O N s a L U N LC) N O O N g O a N s a EOP STA = HOLLOWAY AVE. _ \ 1 ~ I m V N N 0 M I I o I I U N 0_ ~_ cV i TIERNEY AVE. _~ w Z ~ Q ~ W D' ~ O ~ ~ ~ w w - (n (n O O Z O O w ~ ~ 0_ 0_ w II II J I i i i i i ,.r ... i ;i 0 ... :.... ~ I ..... ~ I ~ \ ~ m \\I C~ N ,. ........- J FILE No. STERLING STREET ~~ 3535DVADNAIS CENTERDDR. A`MAPLEOBOS.OO PROPOSED IMPROVEMENTS EXHIBIT SEH ST. PAUL, MN 55„0 ~3 oa MAPLEWOOD, MN 6 1 0 0 cV -~ ` a r . .~ ~ ~ 0 0 V O W O ~ O S7 O ~ ~ ~Q. 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W U O ~~ ~~_ Im_ :2 IW N E 0 a -a ~ ~ M ~ ~ O ~ a ~ ~ ~ W 01 ~ ~ O C O a N ~ ~ ~ c`') cnUU~ ~ w o CO ~ w ~ ~ ~ J a ~ o O o 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 o O 0 o O 0 o O 0 o ~ O J a ~ ~ ~ co F N O N O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ M O ~ B F N O N co ~ r F W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O N N F W M M N c» c» c» c» c» c» c» c» c» c» c» c» c» ~ i» N ~ N a a ~ ~~ F W o 0 0 0 0 0 0 0 0 0 0 0 0 00 ~ F W ~ J W ~ o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 o 0 o ~ ~ W ~ ~,.~ ~ W N co co co co co co co co co co co co co ~ ~ co 00 W y ~ 0 O ~ o ~ H N N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N N a a w ~ ° ° ~ w ~ ~ ~ (n O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O M ~ pp N ~ ~ (n O o N !n F O ER O ER O ER O ER O ER O ER O ER O ER O ER O ER O ER O ER O ER W !n ~ W !n I~ W N O N ~ ~) N ~ a a a W a W UFC7 ~ M UFC7 ~ ~ z a ~ o ~ Z a ~ W O F ~ w 0~ ~ LL O ~ LL O O LL O LL U U J J F y F ~ F N~ M O W Z O W Z F ~ F ~ N N a N N a ~a ~a z~m z~m Fz~ Fz~ to p Z ~ to p Z M X N ~ X N ~ W W W W ~ ~ w w z z z z z z z z z z z z z » ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q Q 0 F W U C~ U C7 U C7 U C7 U C7 U C7 U C7 U C7 U C7 U C7 U C7 U C7 U C7 ~ ~ ~ ~ F O p °o o N ~ Z Z Z Z Z Z Z Z Z Z Z Z Z W W O CO pp O F !n J W' J W' J W' J W' J W' J W' J W' J W' J W' J W' J W' J W' J W' ~ Z ~ Z F ~ ~ ~ EA W W W W W W W W W W W W W W W ER ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a Q a Q J J F ~ W W W m r N_ N N N M 00 ~ O O ~ O CO O CO ~ O W CO 00 N 07 CO 07 O O ~ 07 ~ N ~ ~ 2 W 00 00 00 00 00 00 00 00 00 00 00 07 N N O N Z H Z ~ Z Q ~ H Z ~ ~ W W' O W W W ~ ~ ~ w w z U z - U cn ~ w ~ = ~ U ~ ~ ~ w ~ ~ ~ ~ U a z ~ U z O . U ~ Z ~ W W O U W W ~ Z U ~ Q Cn U U J ~ a ~ ~ J J ~ ~ J ~ !n ~ H ~ a U U ~ ~ Q J ~ U ~ CO W z ~ ~ g W o U z Q z LL O ~ a ~ ~ ~ Z ~ ~ a ~ w J z J ~ ~ ~ ' J = ~ ~ Q ~ w } ~ o ~ ~ W ~ ~ W Q U Z J Q 2 W' Q Z O W m W_ Z ~ ~ ~ U U ~ W' Q W J U ~ ~ N Z U w Z U U U ~ ' U H ~ W ~ J Q ~ W a W Q Z Q H ~ ~ W U ~ ~ ~ ~ ~ U J_ ~ W H Z O W W W U ~ U ~ ~ U U ~ J J O ~ ~ ~ LL Cn LL ~ I~ M O M ~ M ~ N ~ N O N 07 ~ M ~ N ~ ~ ~ O ~ 07 0 00 0 N 0 N 0 J J J J O O N O O N O O N O O N O O N O O N O O N O O N O O N O O N O O N O O N O O N O O ~ O O M Q H Q U Q U W ~ N ~ N ~ N ~ N ~ N ~ N ~ N ~ N ~ N ~ N ~ N ~ N ~ N M N ~ N Z W' W' ~ uJ W W d N N N N N N N N N N N N N N N M M M M M M M M M M M M M M M W O O ~ U U 00 2 X w COST ESTIMATE MAPLEWOOD, MINNESOTA STERLING STREET CITY PROJECT 07-32 SEH NO. AMAPLE0805.00 01 /31 /08 TOTAL ESTIMATED ESTIMATED ITEM NO. ITEM UNIT UNIT PRICE QUANTITY COST 2021.501 Mobilization Is $80,000.00 1 $80,000.00 2101.502 Clear & Grub each $400.00 12 $4,800.00 2101.502 Clear and Grub acre $10,000.00 0.40 $4,000.00 2104.501 Remove Concrete Curb & Gutter If $3.00 200 $600.00 2104.501 Remove CMP & RCP Pipe Culverts (Storm) If $10.00 150 $1,500.00 2104.501 Remove/Abandon Water Main If $6.00 955 $5,730.00 2104.503 Remove Concrete Pavement sy $6.00 300 $1,800.00 2104.509 Remove Catch Basin or Manhole each $300.00 7 $2,100.00 2104.511 Sawin Concrete Pavement Full Depth If $6.00 180 $1,080.00 2104.523 Salva e H drant and Valve Assembl each $1,000.00 2 $2,000.00 2104.523 Salvage Casting each $100.00 10 $1,000.00 2104.602 Salva e & Install Castin each $300.00 5 $1,500.00 2104.603 Salvage & Install Fence If $15.00 200 $3,000.00 2104.603 Salva e & Install Sprinkler S stem If $7.00 300 $2,100.00 2105.507 Unclassified Excavation cy $15.00 500 $7,500.00 2105.507 Sub rade Excavation c $10.00 3000 $30,000.00 2105.501 Common Excavation (P) cy $10.00 3000 $30,000.00 2105.522 Select Granular Borrow -Mod. 5% CV P c $14.00 3000 $42,000.00 2105.525 Topsoil Borrow CV c $16.00 750 $12,000.00 2105.604 Geotextile Fabric, T pe V s $2.00 1600 $3,200.00 2123.501 Laborer hour $60.00 40 $2,400.00 2123.514 3 CY Front End Loader hour $120.00 20 $2,400.00 2123.61 3 CY Backhoe hour $140.00 20 $2,800.00 2123.61 Street Sweeper w/Pick-up Broom hour $120.00 25 $3,000.00 2130.501 Water for Dust Control Mal $30.00 65 $1,950.00 2211.501 A re ate Base CI. 5 - 100% Crushed Limestone Drivewa s ton $22.00 30 $660.00 2211.501 Aggregate Base CI. 6 - 100% Crushed ton $12.00 3350 $40,200.00 2211.607 A .Base Placed, Salv. Bit. & CI. 5 CV P c $8.00 1150 $9,200.00 2232.604 Pulverize Bituminous Pavement (P) sy $2.00 7400 $14,800.00 2232.604 Mill Bituminous Pavement Existin Millin s P s $3.00 1250 $3,750.00 2232.603 Mill Pavement Ede If $3.00 300 $900.00 2350.501 T pe LV 3 Wearin Course Mixture ton $52.00 1625 $84,500.00 2350.502 T pe LV 3 Non Wearin Course Mixture ton $50.00 2150 $107,500.00 2350.505 T pe LV 4 Wearin Course Mixture Bike Paths & Drivewa s ton $80.00 80 $6,400.00 2357.502 Bit. Material for Tack Coat al $2.00 825 $1,650.00 2451.607 Granular Pipe Foundation CV c $15.00 400 $6,000.00 2451.609 Crushed Rock Pipe Foundation ton $30.00 210 $6,300.00 2501.515 15" RCP Apron w/Trash Guard each $1,000.00 1 $1,000.00 2501.515 18" RCP Apron w/Trash Guard each $1,200.00 1 $1,200.00 2502.541 4" PerF. PE Pipe Drain w/Geotextile Filter Sock If $8.00 300 $2,400.00 2503.541 12" RCP Sew, CI. 5, Des. 3006 If $32.00 225 $7,200.00 2503.541 15" RCP Sew, CI. 5, Des. 3006 If $36.00 730 $26,280.00 2503.541 18" RCP Sew, CI. 5, Des. 3006 If $40.00 405 $16,200.00 2571.602 Rainwater Garden Preparation each $1,000.00 6 $6,000.00 2503.603 8" PVC Sanitar Pipe Sewer Spot Repair, SDR 35 If $100.00 50 $5,000.00 EXHIBIT 10 COST ESTIMATE MAPLEWOOD, MINNESOTA STERLING STREET CITY PROJECT 07-32 SEH NO. AMAPLE0805.00 01 /31 /08 TOTAL ESTIMATED ESTIMATED ITEM NO. ITEM UNIT UNIT PRICE QUANTITY COST 2504.602 Furnish and Install Hydrant each $2,400.00 2 $4,800.00 2504.602 Connect to Existing Water Main each $500.00 4 $2,000.00 2504.602 Connect to Existing Water Service each $200.00 11 $2,200.00 2504.603 Furnish and Install 6" Gate Valve and Manhole each $2,500.00 5 $12,500.00 2504.603 6"DIP Water Main If $44.00 955 $42,020.00 2504.603 1" Curbstop each $100.00 2 $200.00 2504.603 1" Corporation Stop each $100.00 11 $1,100.00 2504.603 1" Copper Service If $30.00 200 $6,000.00 2504.620 DIP Watermain Fittings lbs. $5.00 500 $2,500.00 Remove & Replace H drant and Valve Assembl each $4,000.00 1 $4,000.00 2506.602 Const CB T pe X each $1,200.00 5 $6,000.00 2506.602 Const CB T pe Y each $1,500.00 10 $15,000.00 2506.602 Castin Assembl , R-3067V each $500.00 15 $7,500.00 2506.602 Castin Assembl R-16426 Sanitar each $500.00 6 $3,000.00 2506.602 Castin Assembl ,Ford Cover each $100.00 5 $500.00 2506.603 Reconstruct Catch Basin or Manhole Storm &Sanitar If $200.00 45 $9,000.00 2511.501 Random RipRap, Class III c $100.00 30 $3,000.00 2511.515 Geotextile Fabric, T pe IV s $5.00 60 $300.00 2506.602 Connect to Existin Storm Sewer each $1,000.00 1 $1,000.00 2531.501 Concrete C & G 6618 If $12.00 4500 $54,000.00 2531.507 6" Concrete Pavement - Drivewa s $44.00 300 $13,200.00 2531.507 4" Concrete Walk sf $3.50 700 $2,450.00 2411.618 Modular Block Retainin Wall sf $36.00 2000 $72,000.00 2563.601 Traffic Control Is $6,000.00 1 $6,000.00 2564.531 Si nin Is $1,000.00 1 $1,000.00 2571.501 F & I Shrub each $50.00 16 $800.00 2571.501 F & I Tree, 2" Deciduous or 6' HT Coniferous each $400.00 14 $5,600.00 2573.501 Bale Checks each $10.00 50 $500.00 2573.502 Silt Fence, Preassembled If $2.00 2400 $4,800.00 2575.532 Seedin with Erosion Control Blanket & Fertilizer 20-0-10 s $2.50 5000 $12,500.00 SUBTOTAL + 10% Contingency TOTAL ESTIMATED CONSTRUCTION COST + 31.5% INDIRECT COSTS TOTAL ESTIMATED PROJECT COST $891,070 $89,107 $980,177 $308,756 $1,288,933 EXHIBIT 10 Appendix A Meeting Minutes z MINUTES Sterling Street Neighborhood Meeting January 23, 2008 6:00 pm Maplewood Community Center Meeting Chair: Jon Jarosch Minutes by: Jeff Thene Present: Jon Jarosch, Michael Thompson, Ann Hutchinson, Dave Kotilinek (North St. Paul), Steve Heth, Jeff Thene, Residents Copies to: Jon Jarosch, Dave Kotilinel~, Steve Heth After the presentation by Jon, Michael, Ann, Dave, and Steve, there was an informal "question and answer" session: Q: Who can we tallc to prior to the assessment hearing? A: Michael Thompson. Q: What do you mean by "object to the assessment"? A: It is on record that you do not agree with the benefit of the assessment or have a financial hardship. Q: The assessed project includes the road through the swamp. Are we paying to repave the section through the wetland? A: The assessment rates are preset rates for reconstruction projects in the City for 2008. Project costs in excess of the total assessments on the project are paid by the City. Q: If we don't want the project, will the City pave the road anyway? A: The Cities would continue to patch the potholes, but would not repave it. The City would put it on the 5 year Capital Improvement Plan. Q: If we don't want the project and tell the Council that, are you going to still fix the street? A: We cannot speak for the Council, but the engineering department will recommend to the Council that the project get done sooner or later. Q: If we say no, what will happen? Page 1 Sterling Street Neighborhood Meeting January 23, 2008 Page 2 A: The City Council will decide. There would be no surface overlay, and only the larger potholes would be filled. Q: How about North St. Paul?(General question) A: (Dave Kotilinelc) North St. Paul can participate in the driveway program. The City of North St. Paul is not set up to give a utility credit for residents who chose to have a rainwater garden installed. North St Paul does not know what the exact assessment rate would be for this project at this time. However, Dave did mention that assessment rates for North St Paul have typically been around $55 per front foot. Dave felt that this project should be in the same range. Q: There are 13 lots in Maplewood and 7 on North St. Paul's side, are we (North St Paul residents) going to pay an unfair portion? A: (Dave Kotilinelc) The initial estimate for the assessment rate looks to be similar to that of Maplewood. Any additional funds needed to pay for North St Paul's portion would come from other City (North St Paul) funds. Q: So North St Paul is not paying for rainwater gardens? A: The cost of construction and the plants will be covered by the project. What North St Paul cannot do is give the utility bill credit that Maplewood does. Q: There is an "objection" for Maplewood, is there a similar process for North St Paul? A: (Dave Kotilinelc) North St Paul will do their own mailings and the residents can mail objections to the City of North St Paul. Q: Will the assessments be fair for North St Paul residents? A: (Dave Kotilinelc) Yes it will. I've had 40 years of doing this and I will make it fair. Q: I know of 3 or 4 graduation parties that will be thrown this summer, at least 2 in the cul-de-sac. A: Let us know as we get closer to construction and we will try and accommodate the needs of those residents. Q: Is the cul-de-sac included? A: No. Q: Will the temporary mailboxes be locked? A: They have not been loclced in the past and at this point they are not anticipated to be loclced on this project. Sterling Street Neighborhood Meeting January 23, 2008 Page 3 Q: Will the dirt road stay open? A: The plan is to reconstruct what is there. Q: Will there be street lighting included with this project? A: Yes, we will work with Excel Energy on this. Q: (Comment) It is not safe after school or ball games. There is no respect from the kids driving on the road. A: We can look at traffic calming to try and lower speeds. Q: We've been to the City Council -Can we turn the swamp area into a more natural area? Can it at least be considered? A: City staff looks at all petitions. Any petitions are reported to the City Council. A: The possibility of a "green street" was also discussed. A: After much discussion, Michael summarized the major concerns being the speeding and the desire to keep the wetland area as a preserve. SEH believes that this document accurately reflects the business transacted during the meeting. If any attendee believes that there are any inconsistencies, omissions or errors in the minutes, they should notify the writer at once. Unless objections are raised within seven (7) days, we will consider this account accurate and acceptable to all. If there are errors contained in this document, or if relevant information has been omitted, please contact Steve Heth at 651.490.2081. JRT c:Adocume-L~.ihethVocalr-LVzmp~notesffF692~ninutes.doc HOL~OWAYI~ ~1~ 0 T ~ lillside ~ Park ~ INGSTON AVE. 0 0 O ~~~ AVE. C 1. ~J KNOLL CIR. 4. c~ JIGHT LN EARPENTEUR ~ o ~ c~ ~ ~ W ~ ~ ~ o ~- o ~ ~ ~ W ~ -n~, ,~ ~ PROPOSE L D 2008 STREET I M PROVEMENTS AV E e e ~ ~ z ~ DAH O AVE e ~ ~ Q W ~ ~ NO SCALE Sterling Street Improvements MAPLEWOOD, MINNESOTA CITY PROJECT 07-32 I AGENDA NO. I-1 AGENDA REPORT TO: City Council FROM: Finance and Administration Manager RE: APPROVAL OF CLAIMS DATE: February 25, 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: $ 431,652.09 Checks # 74733 thru # 74779 $ 407,254.93 Disbursements via debits to checking account dated 01/24/08 thru 01/31/08 $ 264,212.92 Checks # 74780 thru # 74831 $ 123,552.49 Disbursements via debits to checking account dated 01/31/08 thru 2/07/08 $ 1,226,672.43 Total Accounts Payable PAYROLL $ 506,973.98 Payroll Checks and Direct Deposits dated 02/08/08 $ 2,710.83 Payroll Deduction check # 1004563 thru # 1004565 dated 02/08/08 $ 509,684.81 Total Payroll $ 1,736,357.24 GRAND TOTAL 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. kf attachments P:\APPROVAL OF CLAIMS\2008\AprClms 2-1 AND 2-8 Check Register City of Maplewood oz/o1 /zoos Check Date Ventlor 74733 01/25/2008 00001 ONE TIME VENDOR 74734 02/05/2008 00111 ANIMAL CONTROL SERVICES INC 74735 02/05/2008 00519 FLEXIBLE PIPE TOOL CO. 74736 02/05/2008 02728 KIMLEY-HORN & ASSOCIATES INC 02/05/2008 02728 KIMLEY-HORN & ASSOCIATES INC 02/05/2008 02728 KIMLEY-HORN & ASSOCIATES INC 02/05/2008 02728 KIMLEY-HORN & ASSOCIATES INC 02/05/2008 02728 KIMLEY-HORN & ASSOCIATES INC 02/05/2008 02728 KIMLEY-HORN & ASSOCIATES INC 02/05/2008 02728 KIMLEY-HORN & ASSOCIATES INC 74737 02/05/2008 01504 CITY OF ST PAUL 74738 02/05/2008 01190 XCEL ENERGY 02/05/2008 01190 XCEL ENERGY 74739 02/05/2008 03918 ACCOU NTEM PS 74740 02/05/2008 04033 ALPINE CAPITAL, LLC 02/05/2008 04033 ALPINE CAPITAL, LLC 74741 02/05/2008 03738 BETHEL & ASSOCIATES, PA 74742 02/05/2008 03513 BRIAN BIE RD EMAN 74743 02/05/2008 00211 BRAUN INTERTEC CORP. 74744 02/05/2008 03131 CIRCUITWORKS 74745 02/05/2008 00324 CONTINENTAL SAFETY EQUIP. 74746 02/05/2008 00384 DE LAGE LANDEN FINANCIAL SRVS 74747 02/05/2008 04034 DETROIT LAKES POLICE CANINE 74748 02/05/2008 03352 ENR 74749 02/05/2008 04032 FRESHWATER SOCIETY 74750 02/05/2008 03516 ANTHONY GAB RIEL 74751 02/05/2008 02958 GOODPOINTE TECHNOLOGY INC 74752 02/05/2008 00589 DAVE GRAF 74753 02/05/2008 03597 MARY JO HOFMEISTER 74754 02/05/2008 02506 HUNT ELECTRIC CORP 74755 02/05/2008 03729 KNAAK & KANTRUD PA 74756 02/05/2008 00827 L M C I T 74757 02/05/2008 03756 DIANA LONGRIE 74758 02/05/2008 01043 M E H A 74759 02/05/2008 03354 MCA STUDENT SERVICES COMMITTEE 74760 02/05/2008 00983 METRO SALES INC 74761 02/05/2008 03270 MICHAEL A. MILLER/ISN 74762 02/05/2008 03622 MN OFFICE OF ENTERPRISE TECH 74763 02/05/2008 01160 NEW MAN TRAFFIC SIGNS 74764 02/05/2008 00001 ONE TIME VENDOR 74765 02/05/2008 00001 ONE TIME VENDOR 74766 02/05/2008 00001 ONE TIME VENDOR 74767 02/05/2008 02270 PALDA & SONS INC 74768 02/05/2008 00396 DEPT OF PUBLIC SAFETY 74769 02/05/2008 00396 DEPT OF PUBLIC SAFETY 74770 02/05/2008 01373 AUDRA ROBBINS 74771 02/05/2008 01409 S.E.H. 02/05/2008 01409 S.E.H. 02/05/2008 01409 S.E.H. 02/05/2008 01409 S.E.H. 02/05/2008 01409 S.E.H. 02/05/2008 01409 S.E.H. 02/05/2008 01409 S.E.H. 74771 02/05/2008 01409 S.E.H. 02/05/2008 01409 S.E.H. 02/05/2008 01409 S.E.H. 02/05/2008 01409 S.E.H. 02/05/2008 01409 S.E.H. 02/05/2008 01409 S.E.H. 02/05/2008 01409 S.E.H. 74772 02/05/2008 01418 SAM'S CLUB DIRECT 02/05/2008 01418 SAM'S CLUB DIRECT 02/05/2008 01418 SAM'S CLUB DIRECT 02/05/2008 01418 SAM'S CLUB DIRECT 02/05/2008 01418 SAM'S CLUB DIRECT 02/05/2008 01418 SAM'S CLUB DIRECT 02/05/2008 01418 SAM'S CLUB DIRECT 02/05/2008 01418 SAM'S CLUB DIRECT 02/05/2008 01418 SAM'S CLUB DIRECT 02/05/2008 01418 SAM'S CLUB DIRECT 74773 02/05/2008 03124 SOFTWARE HOUSE INTL 74774 02/05/2008 03124 SOFTWARE HOUSE INTL 74775 02/05/2008 00198 ST PAUL REGIONAL WATER SRVS 74776 02/05/2008 01514 ST PAUL STAMP WORKS INC 74777 02/05/2008 00449 TYLER TECHNOLOGIES INC 74778 02/05/2008 03334 UNIQUE PAVING MATERIALS CORP 74779 02/05/2008 01674 USPCA 47 Checks in this re port. Description TODD TEVLIN WAGE ADJUSTMENT 1/25 PATROL & BOARDING FEE 1/6 - 1/20 ROD ADAPTORS FOR RODDING MACHINE PROJ 07-26 PROF SRVS THRU 12/30 PROJ 04-21 PROF SRVS THRU 12/30 PROJ 07-16 PROF SRVS THRU 12/30 PROJ 06-17 PROF SRVS THRU 12/30 PROJ 07-26 PROF SRVS THRU 12/30 PROJ 06-16 PROF SRVS THRU 12/30 PROJ 06-21 PROF SRVS THRU 12/30 RECORD MGMT SOFTWARE FEES -JAN ELECTRIC & GAS UTILTIY METERED SPEED SIGN TEMPORARY EMPLOYEE WEEK END 1/18 ESCROW REL 761 CRESTVIEW ESCROW REL 739 CRESTVIEW RETAINER FOR LEGAL SERVICES -FEB K-9 MAINTENANCE -FEB PROJ 07-26 PROF SRVS THRU 1/4 SUPPORT CONTRACT POWERWARE CHARGE FOR CALIBRATION LEASE ON RICOH MPC2600 REGION 18 POLICE CANINE TRIALS ENGINEERING NEWS RECORD SUB REGISTRATION FEE K-9 MAINTENANCE -FEB SUPPORT AGREEMENT 1/1 - 12/31 KARATE INSTRUCTOR 1/8 - 1/29 REIMB FOR MILEAGE 1/8 -1/29 ELECTRICAL WORK AT GOODRICH PROSECUTION & LEGAL SERVICES -FEB INS QTR PREMIUM JAN -MAR REIMB-M IL EAG E,INT,M EALS 6/27 - 12/4 MEMBERSHIP DUES REGISTRATION FEE COPIER USAGE FROM 1/24 -4/24 YOUTH BASKETBALL JANUARY 2008 WIDE AREA NETWORK -DEC NO PARKING FACE PLATES REFUND MEDICAL ASSIST - AMB 071339 REFUND J RODRIGUEOVERDRAFT/ACH REFUND R ELD RIDGE UCARE/ACH PROJ 07-01 BROOKVIEW AREA 4TH QTR PAYMENT REGISTRATION FEE REIMB-MILEAGE & DAYCAMP 6/1 - 9/30 PROJ 06-02 PROF SRVS -DEC PROJ 07-14 PROF SRVS -DEC PROJ OS-29 PROF SRVS -DEC PROJ 07-24 PROF SRVS -DEC PROJ O6-06 PROF SRVS -DEC PROJ 07-01 PROF SRVS -DEC PROJ 04-21 PROF SRVS -DEC PROJ 02-07 PROF SRVS -DEC PROJ 07-19 PROF SRVS -DEC PROJ 07-08 PROF SRVS -DEC PROJ 07-27 PROF SRVS -DEC PROJ 03-20 PROF SRVS -DEC PROJ 06-17 PROF SRVS -DEC PROJ 04-06 PROF SRVS -DEC CONCESSIONS/BIRTHDAYCAKES/SUPPLIE VENDING MACHINE SUPPLIES CONCESSIONS/KIDS CLUB/BIRTHDAYS SUPPLIES FOR EDGERTON & CARVER SUPPLIES FOR EDGERTON GYM SUPPLIES FOR CARVER GYM SUPPLIES CONCESSION SUPPLIES CAKES FOR B-DAY PROG CONCESSION SUPPLIES WINDOWS SERVER CAL W/SA EXCHANGE STANDARD CAL W/SA WATER UTILITY OFFICE SUPPLIES EDEN SYSTEMS SUPPORT CONTRACT WINTER PATCH MATERIAL MEMBERSHIP DUES Amount 569.39 917.92 89.71 18,449.33 12,431.15 7,900.99 7,593.59 7,308.70 5,036.67 1,019.60 3,798.00 1,265.87 10.75 1,834.40 2,564.59 1,328.11 6,600.00 35.00 3,311.75 3,170.00 322.30 265.19 100.00 41.95 220.00 35.00 1,750.00 42.25 12.37 1,965.00 16,500.00 47,488.00 352.97 30.00 40.00 1,358.80 1,653.00 392.00 359.44 464.00 105.00 40.00 153,948.22 1,920.00 180.00 356.93 9,620.28 8,263.60 6,000.00 4,519.70 3,022.65 2,714.78 1,254.99 1,160.33 830.07 827.65 716.48 385.84 288.32 245.00 464.18 282.03 268.49 165.80 141.62 140.50 106.37 88.93 24.15 13.76 29,229.99 4,021.44 913.54 37.37 40,485.96 200.33 40.00 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date 1 /24/2008 1 /25/2008 Fri 1 /24/2008 1 /25/2008 1/25/2008 1/28/2008 Mon 1 /25/2008 1 /28/2008 1 /25/2008 1 /28/2008 1 /25/2008 1 /28/2008 1 /25/2008 1 /28/2008 1/28/2008 1/29/2008 Tue 1 /28/2008 1 /29/2008 1 /28/2008 1 /29/2008 1 /28/2008 1 /29/2008 1 /28/2008 1 /29/2008 1/29/2008 1/30/2008 Wed 1/30/2008 1/31/2008 Thu 1 /30/2008 1 /31 /2008 Payee MN State Treasurer ICMA (Vantagepointe) MN State Treasurer US Treasurer PERA ICMA (Vantagepointe) MN Dept of Natural Resources MN State Treasurer MN State Treasurer WI Dept of Revenue Orchard Trust/ Great West Labor Unions MN State Treasurer MN State Treasurer ARC Administration Description Drivers License/Deputy Registrar Deferred Compensation Drivers License/Deputy Registrar Federal Payroll Tax (FICA) PERA Retiree Health Savings DNR electronic licenses Drivers License/Deputy Registrar State Payroll Tax State Payroll Tax Deferred Compensation Union Dues Drivers License/Deputy Registrar Drivers License/Deputy Registrar DCRP & Flex plan payments Amount 10,563.90 15,202.40 13, 734.86 138,754.90 72,266.36 18,645.99 1,115.00 23,287.75 25,351.22 1, 257.56 50,721.17 5, 270.93 19,907.11 8, 732.00 2,443.78 TOTAL Detailed listing of VISA purchases is attached. 407,254.93 VISA PURCHASES Trans Date Posting Date Merchant Name Trans Amount Name 01/22/2008 01/23/2008 CUB FOODS, INC. $11.56 MANDY ANZALDI 01/24/2008 01/28/2008 ORIENTAL TRADING CO $179.25 MANDY ANZALDI 01/25/2008 01/28/2008 FACTORY CARD OUTLET #284 $113.56 MANDY ANZALDI 01/25/2008 01/28/2008 KMART 3034 $21.30 MANDY ANZALDI 01/19/2008 01/21/2008 SPRINT *WIRELESS SVCS $49.67 JIM BEHAN 01/22/2008 01/23/2008 HENRIKSEN ACE HARDWARE $32.27 JIM BEHAN 01/22/2008 01/24/2008 THE HOME DEPOT 2801 $76.45 JIM BEHAN 01/23/2008 01/24/2008 ELECTRIC MOTOR REAPIR $256.47 JIM BEHAN 01/24/2008 01/25/2008 CYBEX - 01 $35.14 JIM BEHAN 01/28/2008 01/30/2008 POOLSIDE $111.67 JIM BEHAN 01/30/2008 01/31/2008 WALLY'S UPHOLS80110026 $130.65 JIM BEHAN 01/30/2008 01/31/2008 GOPHER BEARING COMPANY $143.30 JIM BEHAN 01/30/2008 02/01/2008 THERMO-DYNE INC $1,577.57 JIM BEHAN 01/31/2008 02/01/2008 HENRIKSEN ACE HARDWARE $3.94 JIM BEHAN 01/25/2008 01/28/2008 CELLPHONESHOP.NET $536.61 CHAD BERGO 01/30/2008 02/01/2008 CPR TECH CELL-PHONE PART $76.91 CHAD BERGO 01/18/2008 01/21/2008 CUB FOODS-SUN RAY $19.09 OAKLEY BIESANZ 01/21/2008 01/22/2008 JAS TOWNSEND & SONS IN $21.90 OAKLEY BIESANZ 01/22/2008 01/23/2008 JAS TOWNSEND & SONS IN $24.00 OAKLEY BIESANZ 01/29/2008 01/30/2008 JAS TOWNSEND & SONS IN $52.00 OAKLEY BIESANZ 01/29/2008 01/31/2008 KMART 7106 $7.46 OAKLEY BIESANZ 01/19/2008 01/21/2008 AUTOZONE #3082 $27.65 RON BOURQUIN 01/20/2008 01/22/2008 AUTOZONE #3082 ($12.77) RON BOURQUIN 01/20/2008 01/22/2008 AUTOZONE #3082 $12.77 RON BOURQUIN 01/20/2008 01/22/2008 AUTOZONE #3082 $9.57 RON BOURQUIN 01/23/2008 01/24/2008 ALL STAR HEALTH.COM $45.90 NEIL BRENEMAN 01/25/2008 01/28/2008 TRUCK UTILITIES INC $85.20 TROY BRINK 01/22/2008 01/23/2008 WALGREENS #1687 Q03 $19.14 DAN BUSACK 01/22/2008 01/24/2008 VIKING ELEC-CREDIT DEPT. ($197.25) SCOTT CHRISTENSON 01/22/2008 01/24/2008 THE HOME DEPOT 2801 $18.70 SCOTT CHRISTENSON 01/28/2008 01/29/2008 WW GRAINGER 495 $32.78 SCOTT CHRISTENSON 01/28/2008 01/30/2008 THE HOME DEPOT 2801 $27.88 SCOTT CHRISTENSON 01/29/2008 01/30/2008 LABSAFE*1010917258 $108.46 SCOTT CHRISTENSON 01/17/2008 01/21/2008 KMART 7106 $19.13 CHARLES DEAVER 01/24/2008 01/25/2008 MENARDS 3059 $67.43 DOUG EDGE 01/24/2008 01/28/2008 THE HOME DEPOT 2801 $54.62 DOUG EDGE 01/28/2008 01/29/2008 NEEDELS SUPPLY INC $94.44 DOUG EDGE 01/30/2008 01/31/2008 NORTHERN TOOL EQUIP-MN $163.84 DAVE EDSON 01/16/2008 01/21/2008 WW GRAINGER 498 $54.35 LARRY FARR 01/18/2008 01/21/2008 BED BATH & BEYOND #482 $21.26 LARRY FARR 01/18/2008 01/21/2008 SCOTT MACHINE& E-BADGE $268.00 LARRY FARR 01/18/2008 01/21/2008 OVERHEAD DOOR OF NORTH $979.37 LARRY FARR 01/22/2008 01/24/2008 OFFICE MAX ($44.71) LARRY FARR 01/30/2008 01/31/2008 MENARDS 3022 $233.63 LARRY FARR 01/31/2008 02/01/2008 TARGET 00006940 $71.93 LARRY FARR 01/31/2008 02/01/2008 HILLYARD INC MINNEAPOLIS $477.50 LARRY FARR 01/31/2008 02/01/2008 NORTHERN TOOL EQUIP-MN $95.79 LARRY FARR 01/30/2008 02/01/2008 INT'L CODE COUNCIL INC $70.00 DAVID FISHER 01/17/2008 01/21/2008 OFFICE MAX $22.13 KAREN FORMANEK 01/17/2008 01/21/2008 OFFICE DEPOT #1090 $58.52 KAREN FORMANEK 01/25/2008 01/28/2008 OFFICE DEPOT #1090 $36.41 KAREN FORMANEK 01/17/2008 01/21/2008 SPRINTPCS-CUSTCAREPMT $1,146.76 MYCHAL FOWLDS 01/19/2008 01/21/2008 THE HOME DEPOT #2847 $148.04 MYCHAL FOWLDS 01/28/2008 01/29/2008 QWESTCOMM*TN651 $66.45 MYCHAL FOWLDS 01/28/2008 01/29/2008 ORTIVUS INC $2,498.49 MYCHAL FOWLDS 01/28/2008 01/30/2008 SPRINTPCS-CUSTCAREPMT $1,117.57 MYCHAL FOWLDS 01/28/2008 01/30/2008 CITY OF ROSEVILLE CITY HA $865.00 MYCHAL FOWLDS 01/29/2008 01/29/2008 COMCAST CABLE COMM $54.00 MYCHAL FOWLDS 01/29/2008 01/30/2008 ATT* SERVICE $1,013.60 MYCHAL FOWLDS 01/21/2008 01/22/2008 INSIGHT PUBLIC SECTOR $106.23 NICK FRANZEN 01/23/2008 01/24/2008 CDW GOVERNMENT $224.44 NICK FRANZEN 01/29/2008 01/30/2008 SYX*TIGERDIRECT.COM $167.48 NICK FRANZEN 01/30/2008 01/30/2008 HP DIRECT-PUBLICSECTOR $388.73 NICK FRANZEN 01/31/2008 02/01/2008 SYX*TIGERDIRECT.COM $68.47 NICK FRANZEN 01/17/2008 01/21/2008 THE HOME DEPOT 2801 $52.63 DAVID GERMAIN 01/30/2008 01/31/2008 ICI-DULUX-PAINTS #0092 $69.01 DAVID GERMAIN 01/18/2008 01/21/2008 NATL FIRE PROTECTION $145.47 CLARENCE GERVAIS 01/17/2008 01/21/2008 OFFICE DEPOT #1090 $399.62 JEAN GLASS 01/23/2008 01/25/2008 OFFICE DEPOT #1090 $355.39 JEAN GLASS 01/22/2008 01/23/2008 KNOWLANS #2 $3.33 JANET M GREW HAYMAN 01/22/2008 01/23/2008 AMZ*AMAZON PAYMENTS $5.48 JANET M GREW HAYMAN 01/22/2008 01/23/2008 AMAZON.COM $24.44 JANET M GREW HAYMAN 01/22/2008 01/24/2008 BLUE RIBBON BAIT & TACKLE $3.18 JANET M GREW HAYMAN 01/22/2008 01/24/2008 RAINBOW FOODS 00088526 $3.20 JANET M GREW HAYMAN 01/23/2008 01/23/2008 AMAZON.COM $97.34 JANET M GREW HAYMAN 01/28/2008 01/30/2008 OFFICE MAX $25.01 JANET M GREW HAYMAN 01/19/2008 01/21/2008 COMCAST CABLE COMM $89.65 LORI HANSON 01/24/2008 01/28/2008 THE STAR TRIBUNE CIRCULAT $112.58 LORI HANSON 01/25/2008 01/28/2008 METRO SALES INC $1,655.00 LORI HANSON 01/31/2008 02/01/2008 CLOVER SUPER FOODS $280.13 LORI HANSON 01/31/2008 02/01/2008 CLOVER SUPER FOODS $32.48 LORI HANSON 01/25/2008 01/28/2008 USPS 2663650007 $4.60 PATRICK HEFFERNAN 01/27/2008 01/28/2008 MENARDS 3059 $13.66 PATRICK HEFFERNAN 01/16/2008 01/21/2008 DUNN-RITE PRODUCTS $117.65 RON HORWATH 01/23/2008 01/25/2008 AMERICAN RED CROS01 OF 01 $490.00 RON HORWATH 01/22/2008 01/23/2008 KNOWLANS #2 $34.26 ANN E HUTCHINSON 01/30/2008 01/31/2008 BYERLY'S ST PAUL $54.07 ANN E HUTCHINSON 01/18/2008 01/21/2008 WW GRAINGER 971 $144.49 DAVID JAHN 01/19/2008 01/21/2008 DALCO ENTERPRISES, INC $474.67 DAVID JAHN 01/24/2008 01/28/2008 RED WING SHOE STORE $156.40 DON JONES 01/17/2008 01/21/2008 CIRCUIT CITY SS #3137 $19.16 TOM KALKA 01/22/2008 01/23/2008 THE UPS STORE #2171 $47.18 TOM KALKA 01/25/2008 01/28/2008 WOLF CAMERA#1530 $7.66 TOM KALKA 01/25/2008 01/28/2008 DAVIS LOCK & SAFE $10.65 TOM KALKA 01/28/2008 01/30/2008 WOLF CAMERA#1530 $8.30 TOM KALKA 01/28/2008 01/30/2008 WOLF CAMERA#1530 $15.10 TOM KALKA 01/30/2008 01/31/2008 THE UPS STORE #2171 $14.45 TOM KALKA 01/23/2008 01/24/2008 PIONEER PRESS ADVERTISIN $191.70 LISA KROLL 01/28/2008 01/30/2008 OFFICE DEPOT #1090 $14.79 LISA KROLL 01/29/2008 01/31/2008 OFFICE DEPOT #1090 $19.46 LISA KROLL 01/31/2008 02/01/2008 LILLIE SUBURBAN NEWSPAPE $111.48 LISA KROLL 01/26/2008 01/28/2008 HOLIDAY INN HOTEL AND SUI $233.94 DAVID KVAM 01/18/2008 01/21/2008 MENARDS 3059 $20.69 STEVE LUKIN 01/19/2008 01/21/2008 DALCO ENTERPRISES, INC $1,911.13 STEVE LUKIN 01/22/2008 01/23/2008 ZIEGLER INC COLUMBUS $531.17 STEVE LUKIN 01/23/2008 01/24/2008 WMS*WASTE MGMT WMEZPAY $337.23 STEVE LUKIN 01/25/2008 01/28/2008 DALCO ENTERPRISES, INC $554.38 STEVE LUKIN 01/25/2008 01/28/2008 FEDEX KINKO'S #0617 $35.41 STEVE LUKIN 01/28/2008 01/29/2008 ADVANCED GRAPHIX INC $18.11 STEVE LUKIN 01/29/2008 01/31/2008 THE HOME DEPOT 2801 $152.91 STEVE LUKIN 01/29/2008 02/01/2008 ASPEN MILLS 8005717343 $79.50 STEVE LUKIN 01/29/2008 02/01/2008 ASPEN MILLS 8005717343 $697.95 STEVE LUKIN 01/29/2008 02/01/2008 ASPEN MILLS 8005717343 $1,032.00 STEVE LUKIN 01/30/2008 01/31/2008 DALCO ENTERPRISES, INC $17.54 STEVE LUKIN 01/29/2008 01/31/2008 BEAR 36 AMSTAR $49.70 GORDON MALLORY 01/22/2008 01/23/2008 DAVIS LOCK & SAFE $424.04 MARK MARUSKA 01/23/2008 01/24/2008 QWESTCOMM*TN651 $57.74 ROBERT MITTET 01/26/2008 01/28/2008 SHRED-IT 01 OF 01 $19.65 ROBERT MITTET 01/28/2008 01/28/2008 COMCAST CABLE COMM $121.83 ROBERT MITTET 01/29/2008 01/31/2008 METROCALL/ARCH WIRE $15.91 ED NADEAU 01/18/2008 01/21/2008 CERTIFIED LABORATORIES $1,000.60 BRYAN NAGEL 01/30/2008 01/31/2008 RED WING SHOE STORE $164.90 BRYAN NAGEL 01/23/2008 01/25/2008 SEELYE PLASTICS INC $511.92 JOHN NAUGHTON 01/18/2008 01/21/2008 THOMAS TOOL AND SUPPLY $91.23 RICHARD NORDQUIST 01/24/2008 01/28/2008 OFFICE DEPOT #1090 ($20.74) MARY KAY PALANK 01/24/2008 01/28/2008 OFFICE DEPOT #1090 $178.08 MARY KAY PALANK 01/25/2008 01/28/2008 OFFICE DEPOT #1090 $107.86 MARY KAY PALANK 01/29/2008 01/31/2008 OFFICE DEPOT #1090 $53.59 MARY KAY PALANK 01/30/2008 01/31/2008 PARTY AMERICA 1008 $35.83 MARY KAY PALANK 01/31/2008 02/01/2008 BATTERIES PLUS $60.67 ROBERT PETERSON 01/18/2008 01/21/2008 FITZCO INC $9.49 PHILIP F POWELL 01/24/2008 01/28/2008 ROTECK COM LABELS $51.00 PHILIP F POWELL 01/30/2008 01/31/2008 NATIONAL CAMERA EXCHANGE $146.91 PHILIP F POWELL 01/18/2008 01/21/2008 TRI-ANIM HEALTH SERVICES $348.41 ROBERT PRECHTEL 01/21/2008 01/23/2008 STRYKER SALES CRP MED $384.25 ROBERT PRECHTEL 01/25/2008 01/28/2008 PHILIPS MEDICAL SYSTEMS $119.35 ROBERT PRECHTEL 01/28/2008 01/29/2008 TARGET 00013565 $195.98 ROBERT PRECHTEL 01/29/2008 01/30/2008 TRI-ANIM HEALTH SERVICES $201.00 ROBERT PRECHTEL 01/29/2008 01/30/2008 TRI-ANIM HEALTH SERVICES $187.01 ROBERT PRECHTEL 01/17/2008 01/21/2008 KATH AUTO PARTS NSP $112.75 STEVEN PRIEM 01/17/2008 01/21/2008 ZARNOTH BRUSH WORKS $352.73 STEVEN PRIEM 01/17/2008 01/21/2008 FACTORY MOTOR PARTS #19 $84.88 STEVEN PRIEM 01/20/2008 01/21/2008 RAND 1010873045 $98.73 STEVEN PRIEM 01/22/2008 01/24/2008 BAUER BULT TRE33200023 $215.34 STEVEN PRIEM 01/23/2008 01/24/2008 GARELICK STEEL $948.93 STEVEN PRIEM 01/24/2008 01/28/2008 KATH FUEL OFFICE $393.79 STEVEN PRIEM 01/24/2008 01/28/2008 KATH AUTO PARTS LC $93.38 STEVEN PRIEM 01/24/2008 01/28/2008 KATH AUTO PARTS NSP $57.51 STEVEN PRIEM 01/24/2008 01/28/2008 TRI-STATE BOBCAT INC. $46.82 STEVEN PRIEM 01/25/2008 01/28/2008 POLAR CHEVROLET $72.91 STEVEN PRIEM 01/25/2008 01/28/2008 POLAR CHEVROLET $12.59 STEVEN PRIEM 01/29/2008 01/30/2008 POLAR CHEVROLET $1,634.78 STEVEN PRIEM 01/29/2008 01/31/2008 COMO LUBE & SUPPLIES $108.74 STEVEN PRIEM 01/30/2008 01/31/2008 TWIN CITY SAW $44.08 STEVEN PRIEM 01/30/2008 01/31/2008 GARELICK STEEL $171.49 STEVEN PRIEM 01/30/2008 01/31/2008 POLAR CHEVROLET $30.28 STEVEN PRIEM 01/30/2008 02/01/2008 KATH AUTO PARTS NSP $257.61 STEVEN PRIEM 01/30/2008 02/01/2008 FACTORY MOTOR PARTS #19 $94.89 STEVEN PRIEM 01/24/2008 01/25/2008 HEALTHEAST TRANSPORTATN $384.07 KEVIN RABBETT 01/24/2008 01/25/2008 HEALTHEAST TRANSPORTATN $32.14 KEVIN RABBETT 01/26/2008 01/28/2008 SHRED-IT 01 OF 01 $49.95 KEVIN RABBETT 01/23/2008 01/24/2008 HILLYARD INC MINNEAPOLIS $1,333.93 MICHAEL REILLY 01/29/2008 01/30/2008 HILLYARD INC MINNEAPOLIS $379.21 MICHAEL REILLY 01/30/2008 01/31/2008 HILLYARD INC MINNEAPOLIS $67.50 MICHAEL REILLY 01/24/2008 01/28/2008 ORIENTAL TRADING CO $405.32 AUDRA ROBBINS 01/25/2008 01/28/2008 ORIENTAL TRADING CO $128.11 AUDRA ROBBINS 01/29/2008 01/31/2008 CUB FOODS, INC. $84.09 AUDRA ROBBINS 01/30/2008 01/31/2008 MAPLEWOOD PARKS AND RECRE $17.00 AUDRA ROBBINS 01/23/2008 01/24/2008 MENARDS 3059 $94.63 ROBERT RUNNING 01/23/2008 01/25/2008 THE HOME DEPOT 2801 $201.24 ROBERT RUNNING 01/25/2008 01/28/2008 MENARDS 3059 $5.62 ROBERT RUNNING 01/29/2008 01/30/2008 TRAFFIC TECHNOLOGIES L $479.25 ROBERT RUNNING 01/29/2008 01/31/2008 GO MOBILE NOW $253.90 ROBERT RUNNING 01/30/2008 02/01/2008 THE HOME DEPOT 2801 $20.83 ROBERT RUNNING 01/25/2008 01/28/2008 OFFICE DEPOT #1090 $31.57 HARRIET J RYDEL 01/28/2008 01/30/2008 QUIZNOS SUB #2113 Q22 $108.62 HARRIET J RYDEL 01/30/2008 02/01/2008 OFFICE DEPOT #1090 $78.55 HARRIET J RYDEL 01/30/2008 01/31/2008 SYX*GLOBALINDUSTRIALEQ $109.88 DEB SCHMIDT 01/31/2008 02/01/2008 INTEREUM INC $1,376.15 DEB SCHMIDT 01/31/2008 02/01/2008 TWIN CITY SAW $75.11 SCOTT SCHULTZ 01/18/2008 01/21/2008 PREMIER CROWN CORPORATION $1,444.54 MICHAEL SHORTREED 01/18/2008 01/21/2008 STILLWATER VETERINARY $18.00 MICHAEL SHORTREED 01/21/2008 01/23/2008 UNIFORMS UNLIMITED INC $253.06 MICHAEL SHORTREED 01/21/2008 01/23/2008 KUSTOM SIGNALS, INC. $112.50 MICHAEL SHORTREED 01/22/2008 01/24/2008 UNIFORMS UNLIMITED INC $1,388.64 MICHAEL SHORTREED 01/22/2008 01/24/2008 UNIFORMS UNLIMITED INC $257.71 MICHAEL SHORTREED 01/23/2008 01/24/2008 NAI*BIKE NASHBAR $134.95 MICHAEL SHORTREED 01/23/2008 01/25/2008 KUSTOM SIGNALS, INC. $141.50 MICHAEL SHORTREED 01/24/2008 01/25/2008 LIFESAVERS CONFERENCE 3 $250.00 MICHAEL SHORTREED 01/25/2008 01/28/2008 UNIFORMS UNLIMITED INC $4.50 MICHAEL SHORTREED 01/25/2008 01/28/2008 UNIFORMS UNLIMITED INC $134.77 MICHAEL SHORTREED 01/27/2008 01/28/2008 MARATHON OIL 089870Q96 $12.00 MICHAEL SHORTREED 01/28/2008 01/29/2008 HOLIDAY INN HOTEL AND SUI $294.96 MICHAEL SHORTREED 01/29/2008 01/30/2008 STRETCHERS INC $149.08 MICHAEL SHORTREED 01/31/2008 02/01/2008 POLAR CHEVROLET $22.43 MICHAEL SHORTREED 01/26/2008 01/28/2008 U OF M CCE ($170.00) ANDREA SINDT 01/28/2008 01/30/2008 OFFICE DEPOT #1090 $82.19 ANDREA SINDT 01/21/2008 01/22/2008 KOHL'S #0055 $191.69 PAULINE STAPLES 01/25/2008 01/28/2008 CVS PHARMACY #1751 Q03 $9.59 PAULINE STAPLES 01/25/2008 01/28/2008 ST PAUL PARKS AND REC $1,000.00 PAULINE STAPLES 01/25/2008 01/29/2008 INNOVATIVE COLOR PRINTING $42.30 PAULINE STAPLES 01/29/2008 01/31/2008 TIGER OAKS PUBLICATION $650.00 PAULINE STAPLES 01/31/2008 02/01/2008 NEXT DAY GOURMET $74.82 PAULINE STAPLES 01/18/2008 01/21/2008 METRO ATHLETIC SUPPLY $1,212.50 JAMES TAYLOR 01/24/2008 01/28/2008 OFFICE MAX $22.43 JAMES TAYLOR 01/24/2008 01/28/2008 CPS INC-DARECATALOUGE.COM $108.00 JOE TRAN 01/25/2008 01/28/2008 S & T OFFICE PRODUCTS $151.84 KAREN WACHAL 01/28/2008 01/30/2008 ANCOM TECHNICAL CENTER IN $12.50 SUSAN ZWIEG 01/29/2008 01/30/2008 AE SIGN SYSTEMS $83.27 SUSAN ZWIEG $48, 348.21 Check Register City of Maplewood 02/08/2008 Check Date Vendor Description Amount 74780 02/01/2008 00001 ONE TIME VENDOR REFUND A HUELSMAN SEWER WORK 3,464.00 74781 02/12/2008 00687 HUGO'S TREE CARE INC TREE TRIMMING 532.50 02/12/2008 00687 HUGO'S TREE CARE INC TREE TRIMMING 399.38 74782 02/12/2008 01337 RAMSEY COUNTY-PROP REC & REV TRAFFIC SIGNAL MAINT 1,147.37 02/12/2008 01337 RAMSEY COUNTY-PROP REC & REV EVP MAINT 628.66 74783 02/12/2008 01360 REINHART FOODSERVICE MDSE FOR RESALE 366.92 74784 02/12/2008 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 14,389.74 02/12/2008 01190 XCEL ENERGY ELECTRIC & GAS UTILTIY 9,856.00 02/12/2008 01190 XCEL ENERGY ELECTRIC UTILITY 139.83 02/12/2008 01190 XCEL ENERGY ELECTRIC UTILITY 10.07 74785 02/12/2008 01798 YOCUM OIL CO. UNLEADED MID GRADE 89 OCT 17,850.95 74786 02/12/2008 02034 ASSN FOR NONSMOKERS TOBACCO COMPLIANCE CHECK 2,484.34 74787 02/12/2008 00252 CAPITOL CITY REG FIRE FIGHTERS REGIONAL DUES 50.00 74788 02/12/2008 02149 HEIDI CAREY DESIGN WORK 1,700.00 02/12/2008 02149 HEIDI CAREY DESIGN WORK FOR MCC 1,500.00 74789 02/12/2008 02929 CNAGLAC MONTHLY PREMIUM -FEB 531.50 74790 02/12/2008 00415 DON'S PAINT & BODY SHOP BODY REPAIRS SQUAD#943- 2,280.69 74791 02/12/2008 00451 EGAN COMPANIES INC REPAIR UNIT HEATER STATION #3 371.00 74792 02/12/2008 04035 ENVIRE. HEALTH CONSULTANTS INC TESTING OF AIR QUALITY AT MCC 992.85 74793 02/12/2008 04040 BROCK GOOD REIMB FOR EMT REGISTRATION 1/7 70.00 74794 02/12/2008 02127 GREATFANS AND BLINDS STATION #3 CEILING FANS 630.80 74795 02/12/2008 00612 GYM WORKS INC REPAIR TREAD MILL AT MCC 729.13 74796 02/12/2008 02506 HUNT ELECTRIC CORP REPAIR LIGHT POLE 673.70 74797 02/12/2008 02995 INTEGRATED LOSS CONTROL INC RIGHT TO KNOW TRAINING -FEB 713.00 74798 02/12/2008 00393 DEPT OF LABOR & INDUSTRY MONTHLY SURTAX -JAN 3496084520 802.16 74799 02/12/2008 04037 LEARNING FOR LIFE (NLEEC) REGISTRATION FEE 1,750.00 74800 02/12/2008 01083 M D R A MEMBERSHIP DUES 495.00 02/12/2008 01083 M D R A APPLICATION/RENEWAL 25.00 74801 02/12/2008 00902 M E M A MEMBERSHIP DUES 75.00 74802 02/12/2008 00910 M S S A MEMBERSHIP RENEWAL 35.00 74803 02/12/2008 03818 MEDICA MONTHLY PREMIUM -FEB 152,277.07 74804 02/12/2008 01085 MN LIFE INSURANCE MONTHLY PREMIUM -FEB 3,330.52 74805 02/12/2008 01126 MN NCPERS LIFE INSURANCE PERA LIFE INS (DED JAN) FOR FEB 396.00 74806 02/12/2008 04039 MN SPROTS FEDERATION STATE VB TOURNAMENT ENTRY FEES 260.00 74807 02/12/2008 01089 MN UC FUND 4TH QTR UNEMPLOYMENT 199.12 74808 02/12/2008 03819 NAI ARCHITECTS, INC. ARCHITECTURAL SRVS FOR MCC 3,472.50 74809 02/12/2008 00001 ONE TIME VENDOR REFUND J MIKLOS AMB 073538 410.00 74810 02/12/2008 00001 ONE TIME VENDOR REFUND J VANPELT MEDICA BENEFIT 20.00 74811 02/12/2008 01250 DENNIS PECK REIMB OF COBRA DENTAL PREMIUMS 71.60 74812 02/12/2008 03840 REAL LIFE VIDEO VIDEO TECHNICIAN SERVICES -JAN 1,039.75 74813 02/12/2008 01387 DR. JAMES ROSSINI ADMIN FEE FOR STRESS TEST -JAN 100.00 74814 02/12/2008 01398 MICHAEL RYAN RETIRED OFFICER IN COURT CN81005328 165.06 74815 02/12/2008 02930 DEB SCHMIDT REIMB FOR MILEAGE & PARKING 1/10- 32.15 74816 02/12/2008 01463 SISTER ROSALIND GEFRE MCC MASSAGES -DEC 1,238.00 74817 02/12/2008 01836 CITY OF ST PAUL CRIME LAB SERVICES -DEC 255.00 74818 02/12/2008 01516 PAULINE STAPLES REIMB FOR PROGRAM SUPPLIES 40.00 74819 02/12/2008 01550 SUMMIT INSPECTIONS ELECTRICAL INSPECTIONS -JAN 5,955.20 74820 02/12/2008 03642 SWANSON & YOUNGDALE PAINTING OF PARKING LOT LIGHT POLES 5,990.00 74821 02/12/2008 04036 TEAM PETERS PAINTING, INC PAINTING COURT AREA MCC 1,400.00 74822 02/12/2008 01616 PAUL THIENES REIMB FOR MEALS 1/22 - 1/25 33.96 74823 02/12/2008 01649 TRI-STATE BOBCAT, INC. BOBCAT 2,108.70 74824 02/12/2008 00529 UNION SECURITY INSURANCE CO LTD PLAN 4043120-2 FEB 3,623.33 02/12/2008 00529 UNION SECURITY INSURANCE CO STD PLAN 4043120-1 FEB 1,748.76 74825 02/12/2008 02464 US BANK FUNDS FOR ATM 10,000.00 74826 02/12/2008 02359 WALLY'S UPHOLSTERY DESIGN/CONSTRUCT EXERCISE AREA 2,846.96 74827 02/12/2008 01750 THE WATSON CO INC MDSE FOR RESALE 681.00 02/12/2008 01750 THE WATSON CO INC MDSE FOR RESALE 584.11 02/12/2008 01750 THE WATSON CO INC 02/12/2008 01750 THE WATSON CO INC 02/12/2008 01750 THE WATSON CO INC 02/12/2008 01750 THE WATSON CO INC 74828 02/12/2008 01753 WEATHER WATCH, INC. 74829 02/12/2008 01754 WEBER & TROSETH INC. 74830 02/12/2008 01789 CITY OF WOODBURY 74831 02/12/2008 03948 AARON WULFF MDSE FOR RESALE MDSE FOR RESALE MDSE FOR RESALE MDSE FOR RESALE WEATHER NOTIFICATION SERVICE FIRE EXTINGUISHERS CERT & MAINT ANNUAL SEWER MAINTENANCE DIST 51 BALLROOM DANCE INSTRUCTOR 80.72 15.29 -6.96 -67.83 619.00 45.00 209.92 344.40 52 Checks in this report. 264.212.92 CITY OF MAPLEWOOD Disbursements via Debits to Checking account fransmittecSettlement Date Date Payee Description Amount 01/31/08 02/01/08 Fri MN State Treasurer Drivers License/Deputy Registrar(city clrk) 10,260.50 01/31/08 02/01/08 MN Dept of Natural Resources DNR electronic licenses 1,306.50 02/01/08 02/04/08 Mon MN State Treasurer Drivers License/Deputy Registrar(city clrk) 16,241.15 02/04/08 02/05/08 Tues MN State Treasurer Drivers License/Deputy Registrar(city clrk) 21,762.00 02/05/08 02/06/08 Wed MN State Treasurer Drivers License/Deputy Registrar(city clrk) 10,299.25 02/05/08 02/06/08 US Bank VISA One Card* Credit Card Billing Fee 48,348.21 2/6/2008 2/7/2008 Thur MN State Treasurer Drivers License/Deputy Registrar(city clrk) 15,334.88 Total 123,552.49 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 02/08/08 HJELLE, ERIK 416.42 02/08/08 JUENEMANN, KATHLEEN 416.42 02/08/08 NEPHEW, JOHN 416.42 02/08/08 ROSSBACH, WILLIAM 416.42 02/08/08 COPELAND, EUGENE 3,366.86 02/08/08 RYDEL, HARRIET 1,565.60 02/08/08 CHRISTENSON, SCOTT 1,738.95 02/08/08 FARR, LARRY 2,350.87 02/08/08 RAMEAUX, THERESE 3,450.94 02/08/08 FORMANEK, KAREN 1,575.27 02/08/08 MITTET, ROBERT 3,366.86 02/08/08 AFFOLTER, PENNY 2,311.91 02/08/08 ANDERSON, CAROLE 2,014.89 02/08/08 DEBILZAN, JUDY 1,303.56 02/08/08 JACKSON, MARY 2,302.63 02/08/08 KELSEY, CONNIE 3,165.15 02/08/08 FRY, PATRICIA 1,878.14 02/08/08 GUILFOILE, KAREN 3,491.86 02/08/08 KROLL, LISA 1,608.40 02/08/08 MORSON, JOHN 298.56 02/08/08 SCHMIDT, DEBORAH 2,109.44 02/08/08 SPANGLER, EDNA 1,147.29 02/08/08 CORTESl, LUANNE 855.15 02/08/08 JAGOE, CAROL 1,778.87 02/08/08 KELLY, LISA 1,348.29 02/08/08 CARSON, MICHELLE 950.40 02/08/08 MECHELKE, SHERRIE 1,124.73 02/08/08 MOY, PAMELA 1,046.37 02/08/08 OSTER, ANDREA 1,781.19 02/08/08 WEAVER, KRISTINE 1,949.35 02/08/08 CORCORAN, THERESA 1,776.55 02/08/08 DOLLERSCHELL, ROBERT 1,732.46 02/08/08 L1VINGSTON, JOYCE 982.18 02/08/08 POWELL, PHILIP 2,667.29 02/08/08 R1CH1E, CAROLE 1,799.71 02/08/08 SAMUELSON, MICHAEL 296.19 02/08/08 THOMALLA, DAVID 4,429.00 02/08/08 THOMPSON, DEBRA 775.51 02/08/08 ABEL, CL1NT 2,506.28 02/08/08 ALDRIDGE, MARK 3,126.95 02/08/08 BAKKE, LONN 2,588.54 02/08/08 BARTZ, PAUL 3,240.80 02/08/08 BELDE, STANLEY 2,948.92 02/08/08 BENJAMIN, MARKESE 1,838.14 02/08/08 BIERDEMAN, BRIAN 2,848.96 02/08/08 BOHL, JOHN 3,045.03 02/08/08 BUSACK, DANIEL 2,850.49 02/08/08 COFFEY, KEVIN 2,669.85 02/08/08 GROTTY, KERRY 3,044.80 02/08/08 DEMULLING, JOSEPH 1,849.68 02/08/08 DOBLAR, RICHARD 3,172.01 02/08/08 FRITZE, DEREK 1,803.31 02/08/08 GABRIEL, ANTHONY 2,745.89 02/08/08 HAWKINSON JR, TIMOTHY 1,927.51 02/08/08 HEINZ, STEPHEN 3,076.94 02/08/08 HIEBERT, STEVEN 2,648.41 02/08/08 JOHNSON, KEVIN 4,246.73 02/08/08 KALKA, THOMAS 1,472.19 02/08/08 KARTS, FLINT 3,727.02 02/08/08 KONG, TOMMY 2,506.28 02/08/08 KROLL, BRETT 2,806.92 02/08/08 KVAM, DAVID 3,523.42 02/08/08 LANGNER, TODD 2,328.46 02/08/08 CARSON, DANIEL 2,879.26 02/08/08 LU, JOHNNIE 3,172.44 02/08/08 MARINO, JASON 2,795.50 02/08/08 MARTIN, JERROLD 2,624.59 02/08/08 MCCARTY, GLEN 2,927.86 02/08/08 METRY, ALESIA 2,940.34 02/08/08 NYE, MICHAEL 2,479.67 02/08/08 OLSON, JULIE 2,530.52 02/08/08 PALMA, STEVEN 3,006.94 02/08/08 RABBETT, KEVIN 3,587.70 02/08/08 RHUDE, MATTHEW 2,528.11 02/08/08 STEFFEN, SCOTT 4,211.70 02/08/08 STEINER, JOSEPH 2,376.99 02/08/08 SYPNIEWSKI, WILLIAM 2,187.15 02/08/08 SZCZEPANSKI, THOMAS 2,660.08 02/08/08 TRAN, JOSEPH 2,506.28 02/08/08 WENZEL, JAY 2,708.75 02/08/08 XIONG, KAO 2,494.62 02/08/08 BERGERON, JOSEPH 3,891.45 02/08/08 DUGAS, MICHAEL 3,286.51 02/08/08 ERICKSON, VIRGINIA 2,942.86 02/08/08 FLOR, TIMOTHY 2,790.21 02/08/08 FRASER, JOHN 2,962.13 02/08/08 LANGNER, SCOTT 2,624.59 02/08/08 THEISEN, PAUL 2,888.97 02/08/08 THIENES, PAUL 2,742.89 02/08/08 BARTA, JEREMY 1,855.04 02/08/08 CRISTOFONO, BRIAN 902.03 02/08/08 DAWSON, RICHARD 4,066.71 02/08/08 EVERSON, PAUL 3,382.26 02/08/08 HALWEG, JODI 2,665.27 02/08/08 JOHNSON, DOUGLAS 12,400.21 02/08/08 MONDOR, MICHAEL 376.00 02/08/08 NOVAK, JEROME 3,556.64 02/08/08 OLSON, JAMES 2,342.85 02/08/08 PETERSON, ROBERT 3,202.69 02/08/08 PRECHTEL, ROBERT 5,666.03 02/08/08 REZNY. BRADLEY 384.00 02/08/08 STREFF, MICHAEL 2,836.85 02/08/08 SVENDSEN, RONALD 5,763.91 02/08/08 GERVAIS-JR, CLARENCE 3,342.04 02/08/08 LUK1N, STEVEN 4,016.18 02/08/08 ZW1EG, SUSAN 7,366.01 02/08/08 AHL, R. CHARLES 4,675.69 02/08/08 KNUTSON, LO1S 1,745.35 02/08/08 KONEWKO, DUWAYNE 3,059.51 02/08/08 N1VEN, AMY 1,332.43 02/08/08 PRIEFER, WILLIAM 2,601.26 02/08/08 BRINK, TROY 2,507.50 02/08/08 DEBILZAN, THOMAS 2,006.15 02/08/08 EDGE, DOUGLAS 2,189.90 02/08/08 HAMRE, MILES 396.00 02/08/08 JONES, DONALD 2,343.86 02/08/08 MEYER, GERALD 2,086.59 02/08/08 NAGEL, BRYAN 2,486.01 02/08/08 OSWALD, ER1CK 2,206.77 02/08/08 RUNNING, ROBERT 2,058.15 02/08/08 TEVLIN, TODD 2,075.84 02/08/08 TEVLIN, TODD 768.64 02/08/08 BURLINGAME, NATHAN 1,631.75 02/08/08 DUCHARME, JOHN 2,558.86 02/08/08 ENGSTROM, ANDREW 2,010.95 02/08/08 GAYNOR, VIRGINIA 2,182.95 02/08/08 JACOBSON, SCOTT 2,010.95 02/08/08 JAROSCH, JONATHAN 2,367.75 02/08/08 KREGER, JASON 1,710.97 02/08/08 KUMMER, STEVEN 2,726.95 02/08/08 LABEREE, ERIN 643.63 02/08/08 LINDBLOM, RANDAL 2,558.86 02/08/08 O'CONNOR, DONOVAN 97.60 02/08/08 SCHREMPP, ANTHONY 207.68 02/08/08 THOMPSON, MICHAEL 3,121.21 02/08/08 WACHAL, KAREN 848.81 02/08/08 ZIEMAN, SCOTT 231.00 02/08/08 MARUSKA, MARK 8,521.85 02/08/08 NAUGHTON, JOHN 1,967.75 02/08/08 SCHINDELDECKER, JAMES 2,008.46 02/08/08 BIESANZ, OAKLEY 1,575.44 02/08/08 DEAVER, CHARLES 164.92 02/08/08 GERNES, CAROLE 93.75 02/08/08 HAYMAN, JANET 1,467.31 02/08/08 HUTCHINSON, ANN 2,472.00 02/08/08 EKSTRAND, THOMAS 3,600.06 02/08/08 S1NDT, ANDREA 1,884.55 02/08/08 YOUNG, TAMELA 1,750.95 02/08/08 FIN WALL, SHANN 2,581.37 02/08/08 ROBERTS, KENNETH 2,925.88 02/08/08 BRASH, JASON 1,715.75 02/08/08 CARVER, NICHOLAS 3,598.10 02/08/08 FISHER, DAVID 3,938.72 02/08/08 RICE, MICHAEL 2,346.15 02/08/08 SWAN, DAVID 2,414.95 02/08/08 WELLENS, MOLLY 1,462.13 02/08/08 BERGER, STEPHANIE 638.75 02/08/08 BROZAK, KATHERINE 455.00 02/08/08 DAHL, RICHARD 24.00 02/08/08 FRANK, PETER 382.00 02/08/08 HILDEBRANT, SAWYER 80.00 02/08/08 NIEMAN, JAMES 166.50 02/08/08 OHLHAUSER, MEGHAN 1,001.25 02/08/08 ROBBINS, AUDRA 2,439.87 02/08/08 SHERRILL, CAITLIN 400.00 02/08/08 TAUBMAN, DOUGLAS 3,115.54 02/08/08 TAYLOR, JAMES 1,912.50 02/08/08 GERMAIN, DAVID 2,015.39 02/08/08 NORDQUIST, RICHARD 2,031.37 02/08/08 SCHULTZ, SCOTT 2,202.15 02/08/08 ANZALDI, MANDY 1,903.93 02/08/08 BERGLUND, DANIEL 402.50 02/08/08 BRENEMAN, NEIL 1,657.89 02/08/08 CRAWFORD - JR, RAYMOND 879.00 02/08/08 EVANS, CHRISTINE 6,675.97 02/08/08 FABIO-SHANLEY, MICHAEL 124.25 02/08/08 GROPPOLI, LINDA 435.75 02/08/08 HER, CHONG 276.00 02/08/08 HOFMEISTER, MARY 819.31 02/08/08 PELOQUIN, PENNYE 656.57 02/08/08 SCHOENECKER, LEIGH 472.00 02/08/08 STAPLES, PAULINE 2,878.20 02/08/08 SWINTEK-MOORS, JENNIFER 1,289.72 02/08/08 YANG, TIM 490.00 02/08/08 BIGGS, ANNETTE 108.00 02/08/08 BRUSOE, AMY 226.34 02/08/08 BRUSOE, CRISTINA 361.92 02/08/08 DUNN, RYAN 1,054.54 02/08/08 ERICKSON-CLARK, CAROL 47.50 02/08/08 FONTAINE, KIM 993.51 02/08/08 GIEL, NICOLE 68.00 02/08/08 GREDVIG, ANDERS 413.94 02/08/08 HASSENSTAB, DENISE 89.40 02/08/08 HORWATH, RONALD 2,419.71 02/08/08 IRISH, PETER 42.25 02/08/08 KRONHOLM, KATHRYN 684.35 02/08/08 KURZHAL, ALISON 97.50 02/08/08 LAMEYER, ZACHARY 40.80 02/08/08 OVERBY, ANNA 20.00 02/08/08 PROESCH, ANDY 570.64 02/08/08 ROLLOFF-FELLNER, TAYLOR 27.00 02/08/08 SIVALD, SHANNON 38.00 02/08/08 SMITH, ANN 295.50 02/08/08 TAYLOR, JASON 57.38 02/08/08 THOMAS, MARY 201.20 02/08/08 TUPY, HEIDE 339.20 02/08/08 TUPY, MARCUS 264.60 02/08/08 WOLFGRAM, MARY 284.22 02/08/08 GIERNET, ASHLEY 168.00 02/08/08 HER, SHILLAME 190.25 02/08/08 HOLMGREN, STEPHANIE 75.00 02/08/08 PATTERSON, FELORENZA 320.00 02/08/08 BATTLER, MELINDA 203.50 02/08/08 TOLENTINO, LISA 1,058.75 02/08/08 BEHAN, JAMES 2,005.96 02/08/08 GROPPOLl, JOE 485.00 02/08/08 PATTERSON, ALBERT 1,352.92 02/08/08 PR1NS, KELLY 1,162.62 02/08/08 REILLY, MICHAEL 2,369.26 02/08/08 VANG, HUE 251.44 02/08/08 AICHELE, CRAIG 2,055.75 02/08/08 PR1EM, STEVEN 2,266.91 02/08/08 WOEHRLE, MATTHEW 1,876.29 02/08/08 BERGO, CHAD 2,355.82 02/08/08 FOWLDS, MYCHAL 2,686.82 02/08/08 FRANZEN, NICHOLAS 1,942.76 1004443 02/08/08 LONGRIE, DIANA 473.15 1004444 02/08/08 JAHN, DAVID 1,737.97 1004445 02/08/08 MOR1N, TROY 123.25 1004446 02/08/08 PALANK, MARY 1,778.86 1004447 02/08/08 SVENDSEN, JOANNE 1,964.99 1004448 02/08/08 DARVELL, LISA 2,519.37 1004449 02/08/08 1SACSON, JEFFREY 897.35 1004450 02/08/08 SHORTREED, MICHAEL 3,268.81 1004451 02/08/08 WELCHLIN, CABOT 2,684.37 1004452 02/08/08 BAUMAN, ANDREW 3,072.77 1004453 02/08/08 MELANDER, JON 288.00 1004454 02/08/08 PERBIX, CHARLES 1,378.28 1004455 02/08/08 RICHARDSON, ANDREA 1,309.38 1004456 02/08/08 SEDLACEK, JEFFREY 2,546.97 1004457 02/08/08 BUCKLEY, BRENT 1,747.98 1004458 02/08/08 EDSON, DAVID 2,046.68 1004459 02/08/08 HELEY, ROLAND 2,048.99 1004460 02/08/08 HINNENKAMP, GARY 2,015.87 1004461 02/08/08 NOVAK, MICHAEL 2,006.15 1004462 02/08/08 SOUTTER, CHRISTINE 524.38 1004463 02/08/08 HALL, KATHLEEN 63.75 1004464 02/08/08 ABRAHAMSON, AMANDA 39.00 1004465 02/08/08 ABRAHAMSON, TYLER 66.00 1004466 02/08/08 BONKO, NICHOLAS 61.50 1004467 02/08/08 BROZAK, ANNA 38.50 1004468 02/08/08 BUCZKOWSKl, ALAN 168.00 1004469 02/08/08 BURNS, BETH 21.00 1004470 02/08/08 CHEZIK, CARLEY 27.00 1004471 02/08/08 DAHL, CALEB 13.00 1004472 02/08/08 DAHL, SAMUEL 22.50 1004473 02/08/08 DOTAS, ANDREW 27.00 1004474 02/08/08 DOTAS, KENT 61.00 1004475 02/08/08 DOTAS, ROCHELLE 41.00 1004476 02/08/08 FRANK, SARAH 55.00 1004477 02/08/08 GOODRICH, CHAD 105.00 1004478 02/08/08 GOODRICH, DANIELLE 348.50 1004479 02/08/08 GREENER, DOUGLAS 97.50 1004480 02/08/08 HANNIGAN, TYLER 22.00 1004481 02/08/08 HELKAMP, KAYLA 55.00 1004482 02/08/08 HOLDER, MOLLY 70.50 1004483 02/08/08 JACKSON, ANGLE 20.50 1004484 02/08/08 JACKSON, HANNAH 20.50 1004485 02/08/08 KOHLMAN, JENNIFER 376.26 1004486 02/08/08 LINDA, KELLIE 255.94 1004487 02/08/08 MORRISETTE, WILLIAM 27.00 1004488 02/08/08 MORRISETTE, ZACHARY 22.00 1004489 02/08/08 MOTTAZ, KATE 60.00 1004490 02/08/08 MUELLNER, CHADD 263.50 1004491 02/08/08 NICHOLS, SAMUEL 36.25 1004492 02/08/08 NICHOLSON, COLIN 94.00 1004493 02/08/08 ROBBINS, EMERALD 380.63 1004494 02/08/08 ROBERTS, ALYSSA 192.00 1004495 02/08/08 RUMBLE, ANGELICA 798.00 1004496 02/08/08 SCHALLER, SCOTT 48.00 1004497 02/08/08 SERGOT, COLLIN 160.00 1004498 02/08/08 SVOBODA, NICHOLAS 50.00 1004499 02/08/08 TARR-JR, GUS 105.00 1004500 02/08/08 THEISS, NIANDRA 19.50 1004501 02/08/08 THEISS, TIANA 24.00 1004502 02/08/08 YORKOVICH, BENJAMIN 120.00 1004503 02/08/08 YORKOVICH, JENNA 120.00 1004504 02/08/08 HAAG, MARK 2,009.75 1004505 02/08/08 NADEAU, EDWARD 3,061.98 1004506 02/08/08 GLASS, JEAN 1,982.54 1004507 02/08/08 HANSEN, LORI 2,371.48 1004508 02/08/08 HER, PETER 222.00 1004509 02/08/08 MURRAY, BRENDON 192.13 1004510 02/08/08 NAGEL, BROOKE 456.00 1004511 02/08/08 VANG, KAY 137.70 1004512 02/08/08 VUE,LORPAO 372.94 1004513 02/08/08 WERNER, ANGELA 150.50 1004514 02/08/08 AICHELE, MEGAN 27.00 1004515 02/08/08 BENJAMIN, AYLA 126.00 1004516 02/08/08 CHASTAN, ADAM 37.38 1004517 02/08/08 CLARK, PAMELA 196.35 1004518 02/08/08 DEMPSEY, BETH 122.50 1004519 02/08/08 GRANT, MELISSA 369.51 1004520 02/08/08 GRUENHAGEN, LINDA 591.03 1004521 02/08/08 HAGSTROM, EMILY 78.00 1004522 02/08/08 HOLMBERG, LADONNA 522.00 1004523 02/08/08 JOYER, JENNA 60.69 1004524 02/08/08 KOVACS, BREANNA 104.00 1004525 02/08/08 MCCANN, NATALIE 72.00 1004526 02/08/08 MCCARTHY, ERICA 49.00 1004527 02/08/08 MCLAURIN, CHRISTOPHER 372.94 1004528 02/08/08 MCMAHON, MICHAEL 31.50 1004529 02/08/08 NADEAU, KELLY 47.25 1004530 02/08/08 NWANOKWALE, MORDY 275.33 1004531 02/08/08 PEHOSKI, JOEL 96.00 1004532 02/08/08 RICHTER, DANIEL 34.00 1004533 02/08/08 RICHTER, NANCY 1,070.69 1004534 02/08/08 ROGNESS, TRYGGVE 156.83 1004535 02/08/08 ROSTRON, ROBERT 383.88 1004536 02/08/08 SAUCERMAN, MICHAEL 167.07 1004537 02/08/08 SCHAEFER, JAMES 114.19 1004538 02/08/08 SCHAEFER, NATALIE 75.38 1004539 02/08/08 SCHMIDT, JOHN 188.38 1004540 02/08/08 SCHUNEMAN, GREGORY 72.18 1004541 02/08/08 SKUNES, KELLY 87.75 1004542 02/08/08 SMITLEY, SHARON 402.40 1004543 02/08/08 STAHNKE, AMY 63.31 1004544 02/08/08 WARNER, CAROLYN 276.65 1004545 02/08/08 WEDES, CARYL 98.00 1004546 02/08/08 WERNER, REBECCA 24.63 1004547 02/08/08 WHITE, NICOLE 38.20 1004548 02/08/08 WICKNER, KRISTY 128.13 1004549 02/08/08 WINEGAR, JILL 18.65 1004550 02/08/08 WOODMAN, ALICE 253.00 1004551 02/08/08 ZALK, IDA 17.50 1004552 02/08/08 ARKSEY, EMILY 48.75 1004553 02/08/08 DANIEL, BREANNA 173.38 1004554 02/08/08 KELLY, MICHAEL 136.50 1004555 02/08/08 OIE, REBECCA 32.00 1004556 02/08/08 BATTLER, CASSANDRA 134.13 1004557 02/08/08 ZAGER, LINNEA 226.82 1004558 02/08/08 BIRKHOLZ, TYLER 163.13 1004559 02/08/08 BOWMAN, MATTHEW 175.00 1004560 02/08/08 DOUGLASS, TOM 1,327.72 1004561 02/08/08 SCHULZE, KEVIN 218.25 1004562 02/08/08 PRECHTEL, ROBERT 742.50 506,973.98 Agenda Item 12 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Ed Nadeau, Utility/Fleet Superintendent SUBJECT: Approve Purchase of Tandem Axle Truck Body and Plow /Wing Attachments DATE: February 12, 2008 INTRODUCTION The approved 2008 Public Works Capital Improvement Plan calls for the replacement of a tandem axle dump truck with plow and wing attachments. City council approved the purchase of the truck chassis from Boyer Ford Trucks, Inc. at their December 27, 2007 meeting. Boyer Ford is scheduled to deliver the chassis in March. BAC KG RO U N D Public Works Fleet Management Department requested proposals to equip the tandem dump truck with a dump body and plow and wing attachments. State Contract proposals were received from Aspen Equipment for the dump body at a cost of $85,365.08, and from J. Craft Equipment for the 12 foot main plow and the 10 foot wing plow at a cost of $21,948.59. RECOMMENDATION It is recommended that the city council authorize entering into a contract with Aspen Equipment, under State Contract #438584, and with J. Craft Equipment, under State Contract #438588, for the purchase of one tandem-axle truck body and one plow and wing attachment at a combined cost of $107,313.67. Attachments 1. Aspen Equipment Quotation 2. J-Craft Quotation ~_.. ~;, k, ~ ;, ~ ~ ~~ ~ ~ ..~ ~ ,~ 9150 Pillsbury Avenue South -Bloomington MN 55420 Direct # 952-656-729 Fax 952-656-7158 Cell# 612-719-4414 Qu®T~T~®~ Friday, January 11, 2008 Ed Nadeau City Of Maplewood 902 East County RD B Maplewood MN 55109 Aspen Equipment is pleased to submit the following quotation for you consideration. 2.2 Swaploader 15' "A" frame and rear rollers and brackets $ 2,579.00 1.0 Henderson Model Mark "E", 15' dump body with 36" sides, grade 50, 65000 PSI $ 10,328.00 44" high tailgate, grade 50, 65000 PSI 60" front head sheet, grade 50, 65000PS1 1.4 1/4" AR400 floor upgrade $ 786.00 1.9 10 gauge 304 stainless steel sides and ends with 3/16" AR400 floor $ 7,375.00 1.11 1 Stationary cab shield, mounted after Falls plow installation, 3" above cab roof $ 797.00 Note: Leave 9" from back of exhaust to front of hook for Falls wing mount 1.114 22" stainless steel cab shield $ 1,123.00 1.131 Solenoid operated air tailgate release, sprague switch activated from Cirus Control $ 60.00 panel 1.155 Stainless steel grab handle $74.00 1.157 Stainless steel grip strut step. Installed LH front of body to allow access from fuel tank $133.00 step 1.403 Aluminum roof mounted light bar for headlight installation S 207.00 1.407 Halogen headlights, switched provided in the dash by chassis manufacturer 5 305.00 1.433 Whelen Model 7A700 Super LED Amber warning lights mounted in rear corner posts S 654.00 Two (2} Whelen TIR 3 rear corner post, side mounted warning lights S 263.00 Wire box mounted strobes to rear mounted plug /socket 5 186.00 Whelen install kit with cables $ 119.00 1.467 Two (2) work lights, sander and wing wired to separate switched provided in the dash $252.00 by chassis manufacturer No front strobes quoted 2.0 Swaploader Model SL400, installed, $ 22,355.00 2.2 Paint Swaploader $ 658.00 2.8 Swaploader tandem axle poly fenders with STT & 13U lights ~ 1,667.00 Special width rear rollers to accommodate varying width "A" frames $ 375.00 3.0 No underbody scraper quoted 4.0 No wing system quoted Plumbing from hydraulic valve to: $ 782.00 2-1/2" lines to wing toe lift at RH front frame rail 2-112" lines to wing heel lift at RH front frame rail 2-1/2" lines to back of cab, frame rail for hydraulic rear push beam 5.0 No front hitch system quoted Plumbing from hydraulic valve to: $ 454.00 1-1/2" line for plow lift cylinder at LH front frame rail, lift cylinder is single acting 2-1/2" lines for plow angle at LH front frame rail 5.8 Lift cylinder shut off valve $ 148.00 6.0 No front snowplow quoted 7.0 Aspen Equipment 314" HD rear pull plate with P45AC4 Pintle hook, safety chain $ 1,309.00 "D" rings 7.1 6 prong towing socket, center pin for trailer brakes, customer installed controller $ 114.00 8.0 Henderson TGS-9, 9" direct drive sander $ 2,596.00 8.1 Sander Installation $ 802.00 8.5 304 Stainless steel upgrade $ 1,730.00 8.2 4" pitch auger $ 89.00 Special outside sander plates $ 385.00 9.0 Cirus Model Mako Hydraulic System PM09, with front crankshaft mounted 62cc $ 14,885.00 Eaton hydraulic pump, HT35 oil reservoir /valve enclosure and filter combination with high pressure shut off valve on pump. 10 electric valve sections, Sauer Dan Foss high pressure spool valve upgrade 2-hoist-jib for hook lift / 2-front plow / 3-wing / 1-tailgate release / 2 sander Multi Stick 416, "Mini Joystick" proportional controls as standard Mongoose style armrest control with Allison transmission shift mount $ 156.00 Installation of Allison shift in Mongoose Armrest $ 216.00 5.5 2 part Faster quick coupler installed the rear of the truck for customer supplied $ 579.00 container with hydraulic tailgate release. Plumb Faster coupler from valve bank for tailgate release $ 78.00 9.1 Installation $ 2,624.00 9.3 Low oil indicator $ 312.00 9.11 Unigrip 6 button single stick control $ 1,069.00 9.15 EZ Spread3, ground speed controlled open loop spreader control with electric Prewet $ 724.00 option. Motor spool cartridge in valve, wing heel $ 149.00 10.0 Canadian Loadshare RH mounted air bag system $ 658.00 Selling Price $ 80,155.00 6.5% MN State Sales Tax $ 5,210.08 Totallnvestment $ 85,365.08 FOB Bloomington, MN State QF Minnesota Contract # 438584 All chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be the responsibility of the customer. This will include chassis' purchased by Aspen, by the Customer andlor by a third party (i.e. leasing company)." Clue to evolving designs, Aspen Equipment can not maintain expertise on every chassis/engine/transmission/exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment does not warrant that quoted products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of quoted products. Aspen Equipment will make every reasonable effort to ensure that installations are completed without additional charges to the customer. Thank you for the opportunity to work with you on your equipment need. If we can be of further assistance in any way, please feel free to call on us. Sincerely Yours Mark Lundeen Territory Manager J-Craft by TBEI ~. PAGE: 52182 Ember Road PO Box 1"78 ' -} ~ __ . Lake Crystal, MN 56055 •. ED NADEAU Estimate: EF03992 MAPLEWOOD, CITY OF 1830 COUNTY ROAD B EAST Estimated Lead Time: 4-6 Weeks MAPLEWOOD MN 55109 Estimate Date: 02/08/08 Expiration Date: 10/31/08 Customer No: 13112 Contact: Tim Erickson No End Customer Noted Ln Item Description Qty Unit Price Extended Price 1 8037979 PR1243/SLT-TRP/NOSHU/PRI-El/lOG 1 5,318.00 5,318.00 2 8038296 PUSH-UNIT-24/44-STD 1 674.00 674.00 3 8038310 SCR-ADJ/SHOE/REV-PLW/STD 1 487.00 487.00 4 8038330 RUBBER-BELT-DEFLECTOR/KIT 1 256.00 256.00 5 8038333 SAFETY-YELLOW/PAINT-REV/PLOW 1 304.00 304.00 6 8038544 44B/STD/STD/SA-HITCH 1 2,233.00 2,233.00 7 8038634 INS-405ERIES-HITCH-STD 1 1,175.00 1,175.00 8 8038820 RHTDLlOA/FM-HYDPB-TRPEDG 1 8,225.00 8,225.00 9 8039430 INS/TDLSERIES/FM-WING 1 2,046.00 2,046.00 10 8039443 SAFETY-YELLOW/PAINT-WING 1 227.00 227.00 11 8039442 GLOSS-BLACK/PAINT-WING-HDWE 1 289.00 289.00 12 990099 MISCELLANEOUS SALE 1 - 625.00 - 625.00 Deduct for Hoses existing from valve body to connection points for plow and wing functions. 13 999991 MN SALES TAX 6 1/2 0 1 1,339.59 1,339.59 After reviewing your equip needs, and per the STATE OF MN contract # 438588, Valid thru Oct 30, 2008 we offer this for your consideration. NOTE: 1. This quote is a summary of the STATE OF MN price pages, and detailed spec sheets. 2. Prices do not include relocation of major truck components (IE: Fuel Tanks, Exhaust, etc.) If relocation is required, you will be advised of the extra charges. 3. F.O.B. point is Little Falls, MN. 4. Warranty is 24 months from In-Service Date. Estimate Totals: 21,948.59 21,948.59 To help insure your satisfaction with J-Craft products, F.O.B. Lake Crystal, MN please review all of the information listed on this estimate unless noted otherwise for accuracy, including proper quantities and specifications above. as listed when issuing a purchase order. Please contact us directly if changes to this estimate are needed. PO NBR: DATE: ACCEPTED BY: 1 Agenda Item 13 Memorandum To: Acting City Manager From: Molly Wellens, RS, Health Officer Subject: Public Health and Environmental Health Mutual Aid Agreement Date: 2/19/2008 Introduction During a public health or environmental health emergency (such as disease outbreaks, man made disasters, community disorders or enemy attack) the city may need the use of personnel, equipment, supplies and/or services of other agencies to preserve and protect the healthy, safety, and welfare of the citizens of Maplewood. To ensure that all involved agencies understand their roles and responsibilities during such an emergency, city staff is proposing that the city enter into a Public Health and Environmental Health Mutual Aid Agreement. Background/Discussion The purpose of the Public Health and Environmental Health Mutual Aid Agreement is to strengthen the level of preparedness so that in a time of crisis or emergency the entities included in the agreement may come together to assist each other without pause. The mutual aid agreement represents years of collaborative emergency planning and discussion among public health departments within the metro area. Initially eleven (11) agencies signed onto the agreement. The City of Maplewood was recently invited to join the mutual aid group as the Minnesota Department of Health as delegated to the city environmental health responsibilities. There is no need for city funds or cost to the city for being part of this agreement. There is, however, the option for the responding jurisdiction to bill the requesting jurisdiction for the actual costs of any assistance that the agency orjurisdiction provides. Recommendation Staff recommends that the city council grant approval for the Maplewood Health Officer to sign the Public Health and Environmental Health Mutual Aid Agreement and enter into a joint powers agreement with other local metro agencies for public health purposes. Attachment: Proposed Mutual Aid Agreement HC Agreement # Twin Cities Public Health and Environmental Health Entities in Minnesota MUTUAL AID AGREEMENT WHEREAS, pursuant to Minnesota Statutes Section 471.59, political subdivisions of the State of Minnesota may jointly and cooperatively exercise powers common to each of the contracting parties; and WHEREAS, the original participating parties set forth on Exhibit A, attached hereto and incorporated by this reference, executed the Twin Cities Public Health Departments in Minnesota PUBLIC HEALTH MUTUAL AID AGREEMENT on or about February, 2007; and WHEREAS, the parties agree that, in order to make changes to that agreement and in lieu of an amendment, the parties, and any potential parties, including but not limited to those possible additional parties set forth on Exhibit A or as otherwise provided, shall execute this Twin Cities Public Health and Municipal Environmental Health Entities in Minnesota MUTUAL AID AGREEMENT; and WHEREAS, the purpose of this agreement is to strengthen the preparedness of the public health and environmental health system in Minnesota; and WHEREAS, the parties desire to simplify the defense of claims by eliminating conflicts among defendants that are parties to this Agreement; and WHEREAS, emergencies may occur in the future that will require local public health and/or environmental health entities to come to the aid and assistance of other local public health or environmental health entities; and WHEREAS, the intent of this agreement is to make personnel, equipment, and other resources available to political subdivisions in the event of an emergency, training, drill or exercise; and WHEREAS, the parties participating in this Agreement have determined that it is in their best interests to assist one another in the event of an emergency, training, drill or exercise. NOW, THEREFORE, in consideration of the foregoing, the participating parties agree as follows: PURPOSE It is recognized and acknowledged that in certain situations, including but not limited to, natural disasters, public health emergencies, technological hazards, man-made disasters, civil emergencies, community disorders, insurgency or enemy attack, disease outbreaks, special events, or trainings, drills or exercises in preparation for any of these eventualities, the use of the personnel, equipment, supplies and/or services of a local public health entity to perform functions outside its jurisdictional limits is desirable and Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10-31-07 necessary to preserve and protect the health, safety and welfare of the citizens of the State of Minnesota. This Agreement only addresses assistance provided by a participating party in response to a request made by a participating party and does not affect the applicability of Minn. Stat. § 12.331, Minn. Stat. § 12.33, or other pertinent laws to other activities that maybe undertaken by a political subdivision. IL DEFINITIONS For the purposes of this mutual aid agreement, the following terms shall be defined as follows: A. "Employee" means those personnel currently working for a party including, elected and appointed officials, officers and volunteers who are registered with and under the direction and control of that party as required by Minn. Stat. § 12.22, subs. 2a (a) zoos). B. "Participating Party" means the local public health or environmental health authority of a political subdivision that is a party to this Agreement. C. "Requesting Official" means the person designated by a Participating Party who is responsible for requesting Assistance from the other Participating Parties. D. "Requesting Party" means a Participating Party that requests assistance from other Participating Parties. E. "Responding Official" means the person designated by a Participating Party who is responsible to determine whether and to what extent that Participating Party should assist a Requesting Party. F. "Responding Party" means a Participating Party that assists a Requesting Party. G. "Assistance" means Public Health or Environmental Health personnel, equipment, supplies and/or services. III. PROVISION OF MUTUAL AID A. Request for Assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. The Requesting Party, within a reasonable period of time, shall provide the Responding Party/ies with a written confirmation of the need for assistance including details regarding requested resources, timelines/schedules and location(s) for assistance. Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10-31-07 B. Response to Request Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his/her party's personnel to assist the Requesting Party. This decision will be made after considering the needs of the Responding Party and the availability of resources. Once assistance has been authorized, the Responding Party, within a reasonable period of time, shall provide the Requesting Party with a written confirmation of assistance including details about the personnel and resources to be provided and when they will be available. C. Recall and Release of Assistance. The Responding Official may at any time recall such assistance when in his or her best judgment or by an order from the governing body of the Responding Party or its designee, it is considered to be in the best interest of the Responding Party to do so. The Requesting Party may at any time release a Responding Party or an individual from providing any further assistance. D. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. E. State Declared Emergency. If the State of Minnesota or an authorized state agency declares an emergency, the statutes and administrative rules pertaining to state declared emergencies shall prevail where they conflict with the provisions of this Agreement. N. LIABILITY A. Each Requesting Party shall defend, indemnify and hold harmless a Responding Party for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under Minnesota Statutes Chapter 466 and other applicable law, rule, and regulation, including common law. The purpose of creating this duty to defend, indemnify and hold harmless, is to simplify the defense of claims by eliminating conflicts among defendants that are parties to this Agreement. B. For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466), the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. § 466.01, subdivision 6) of the Requesting Party, but only for purposes of addressing liability under this Agreement. The employees of the Responding Party shall not be considered employees of the Requesting Parry for any other purpose. C. The Requesting Parry shall defend, indemnify and hold harmless the Responding Party, its Employees, officers and elected and appointed officials against any and all claims brought or actions filed against the Responding Party, its Employees, officers and elected and appointed officials for injury to, death of, or damage to Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10-31-07 the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this Agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The statutory limits of liability for some or all of the parties may not be added together or stacked to increase the maximum amount of liability for any party. D. Each Participating Party agrees to promptly notify the other Participating Parties if it knows or becomes aware of any facts or allegations reasonably giving rise to actual or potential liability, claims, causes of action, judgments, damages, losses, costs or expenses, including attorney's fees, involving or reasonably likely to involve the other Participating Parties, and arising out of acts or omissions related to this Agreement. E. No party to this Agreement or any officer of any party shall be liable to any other party or to any other person for failure of any party to furnish assistance to any other party, or for recalling or releasing assistance as described in this Agreement. F. If a Participating Party utilizes contractors or agents to provide services or assistance under this Agreement, the Participating Party shall execute a contract with the contractor and agent including the following language. Failure to include the following language shall constitute a material breach of this Agreement: CONTRACTOR shall defend, indemnify, and hold harmless each Participating Party in the Twin Cities Public Health and Municipal Environmental Health Entities in Minnesota Mutual Aid Agreement, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the CONTRACTOR, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Contract, and against all loss by reason of the failure of the CONTRACTOR to perform fully, in any respect, all obligations under this contract. In order to protect the CONTRACTOR and those listed above under the indemnification provision, the CONTRACTOR agrees at all times during the term of this Contract, and beyond such term when so required, to have and keep in force the following insurance coverages, in amounts equal at least to the municipal tort liability limits of Minnesota Statutes Chapter 466 or other applicable law as currently in effect or as maybe amended Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10-31-07 4 from time to time, unless specific dollar limits are otherwise provided herein: T,imits (1) Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate (The full limits of coverage must be dedicated to apply to this project, per ISO form CG2501, or equivalent.) ProductsCompleted Operations Aggregate Personal and Advertising Injury Each Occurrence-Combined Bodily Injury and Property Damage (2) Workers' Compensation and Employer's Liability: Workers' Compensation If the CONTRACTOR is based outside the State of Minnesota, coverage must apply to Minnesota law. Employer's Liability. Bodily injury by: Accident-Each Accident DiseasePolicy Limit Disease-Each Employee (3) Professional Liability-Per Claim and Aggregate The professional liability insurance must be maintained continuously for a period of two years after the termination of this Agreement. An umbrella or excess policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of the CONTRACTOR to determine the need for and to procure additional insurance that maybe needed in connection with this contract. Copies of insurance policies shall be promptly submitted to (name of jurisdiction) upon written request. Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10-31-07 The CONTRACTOR shall not commence work until it has obtained required insurance. The certificate(s) shall name (name of jurisdiction) as the certificate holder and as an additional insured for the liability coverages) with respect to operations covered under the Contract. The CONTRACTOR shall furnish to Maplewood updated certificates during the term of this Contract as insurance policies expire. If the CONTRACTOR fails to furnish proof of insurance coverages, Maplewood may withhold payments and/or pursue any other right or remedy allowed under the contract, law, equity, and/or statute. Maplewood does not waive any rights or assume any obligations by not strictly enforcing the requirements set forth in this section. Duty to Notify. The CONTRACTOR shall promptly notify Maplewood of any claim, action, cause of action or litigation brought against CONTRACTOR, its employees, officers, agents or subcontractors that arises out of the services contained in this Contract. The CONTRACTOR also shall notify Maplewood whenever CONTRACTOR has a reasonable basis for believing that CONTRACTOR and/or its employees, officers, agents or subcontractors, and/or Maplewood might become the subject of a claim, action, cause of action, criminal arrest, criminal charge or litigation arising out of and/or related to the services contained in this Contract. Failure to provide the notices required by this section is a material violation of the terms and conditions of this Contract. V. WORKER' S COMPENSATION Each party shall be responsible for injuries or death of its own Employees "to the extent required by law". Each party will maintain worker's compensation insurance or self- insurance coverage, covering its own Employees while they are providing assistance pursuant to this Agreement. Each party waives the right to sue any other party for any worker's compensation benefits paid to its own Employee or their dependents, even if the injuries were caused wholly or partially be the negligence of any other party or employees. VL DAMAGE TO EQUIPMENT Each Participating Party, to the extent a party is at fault, shall be responsible for damages to or loss of its equipment while acting within the scope of this Agreement. Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10-31-07 VII. CHARGES TO THE REQUESTING PARTY A. No charges will be levied by a Responding Party to this Agreement for assistance rendered to a Requesting Party under the terms of this Agreement unless that assistance continues for a period of more than eight (8) hours, as measured from the time Responding Party begins to provide assistance after being specifically directed by the Requesting Party to perform a task or tasks, unless the Requesting Party is eligible to obtain reimbursement for expenses it incurred during this period from the United States, the State of Minnesota, or any other source. In that event, the Requesting Party shall take all steps necessary to seek reimbursement to the Responding Party for the actual cost of any assistance provided during this initial eight (8) hour period including salaries, overtime, materials and supplies, and other necessary expenses. B. If assistance provided under this Agreement continues for more than eight (8) hours, the Responding Party may submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial eight (8) hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party shall reimburse the party providing the assistance for that amount. C. The ability to levy such charges is not contingent upon the availability of federal or state government funds to reimburse the charges. VIII. DURATION This Agreement will commence upon execution by all eleven (ll) original Participating Parties and shall terminate December 31, 2011, unless terminated sooner pursuant to section XI herein. This Agreement will only apply to those parties who have lawfully executed the document and returned a copy to: Hennepin County Public Health Emergenc.~paredness Attention: Emergenc.~paredness Unit Supervisor 1011 First Street South. Suite 215 MN 55343 (612) 543 -5220 Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10-31-07 IX. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. Pursuant to the terms of the TWIN CITIES PUBLIC HEALTH DEPARTMENTS IN MINNESOTA PUBLIC HEALTH MUTUAL AID AGREEMENT, the original participating parties hereby give notice that said PUBLIC HEALTH MUTUAL AID AGREEMENT is terminated and shall be replaced in entirety by this Agreement. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. The matters set forth in the "WHEREAS" clauses at the beginning of this Agreement are by this reference incorporated into and made a part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. X. COMMAND AND CONTROL The Requesting Party shall command the mutual aid scene and provide direction to Employees of each Responding Party. A party shall not be considered either a temporary or a permanent employee of the other parties except as specifically described in this Agreement. XL DEFAULT AND WITHDRAWAL A. If a party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the party's default is excused by the other parties, the non-defaulting parties may by majority, vote to remove the defaulting party by providing written notice of termination of the Agreement as to the defaulting party only. Any such removal or termination of this Agreement shall become effective upon the sending of such notice and will not cancel any obligations incurred by any party prior to such termination. B. Any party may withdraw from this Agreement with or without cause by providing thirty (30) days' prior written notice to the other parties herein. Withdrawal shall not discharge any liability incurred by any Party prior to withdrawal. Such liability shall continue until discharged by law or agreement. C. The terms of Sections II, III, N, V, VI, X, XII, and XIII shall survive the expiration, termination or withdrawal from this Agreement. Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10-31-07 XIL RECORDS -AVAILABILITY/ACCESS To the extent required by Minnesota Statutes Section 16C.05, Subd. 5 (as maybe amended), the parties agree that the any party, the State Auditor, the Legislative Auditor or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., that are pertinent to the accounting practices and procedures of the other parties and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for six (6) years after its termination or cancellation. XIIL DATA PRIVACY Each party, its employees, agents, owners, partners, and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same maybe amended. Each Party agrees to defend, indemnify and hold harmless the other parties, their elected and appointed officials, officers, agents, employees, and volunteers from any claims resulting from a party's officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. XN. COMPLIANCE Participating Parties shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances in force or hereafter enacted. XV. EXECUTION Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. XVL ADDITIONAL PARTIES AND COUNTERPARTS A government unit, on behalf of its local public health and/or environmental health entity, may join this mutual aid Agreement and thereby become a Participating Party upon approval of the new government unit by a majority of the Participating Parties, through their governing body or their duly authorized designee, and execution of a copy of this Mutual Aid Agreement by the joining governing body. Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10-31-07 This Mutual Aid Agreement maybe executed in any number of counterparts, each counterpart for all purposes being deemed an original and all such counterparts shall together constitute the same agreement. XVII. CONTRACT ADMINISTRATION In order to coordinate the services to accomplish the purposes of this Agreement, each Participating Party's Director of Public Health, Director of Environmental Health, or equivalent counterpart, shall be the contact person for each Participating Party under this Agreement. A Participating Party may designate someone other than the Director of Health, Director of Environmental Health, or equivalent, as the contact person by providing written notice to all other Participating Parties. A SIGNATURE PAGE FOR EACH PARTYSHALL BE ATTACHED Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10-31-07 10 The Hennepin County Board of Commissioners having duly approved this Agreement on the day of , 200_, and pursuant to such approval, the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN By: Assistant/Deputy/County Administrator Date: By: Chair of its County Board Date: ATTEST: By: Deputy/Clerk of the County Board Date: Reviewed by the County Attorney's Office By: Date: Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10-31-07 11 CITY OF MAPLEWOOD By: Title of Official Date: By: Title of Official Date: Reviewed and approved by the City Attorney. By: Title Date: Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10-31-07 12 Exhibit A Participating Parties to the Agreement: 1) Original signers to the Twin Cities Public Health Mutual Aid Agreement: Community Health Boards in the Twin Cities 7-County metro area. Anoka County City of Bloomington Carver County Dakota County City of Edina Hennepin County City of Minneapolis Ramsey County City of Richfield Scott County Washington County 2) Possible additional signers as of October 2007. Other governmental units as defined by applicable statute including but not limited to political subdivisions, municipalities or other governmental units with environmental health or public health services or resources. City of Brooklyn Park City of Crystal City of Hopkins City of Maplewood City of Minnetonka City of St. Louis Park City of St. Paul City of Wayzata University of Minnesota Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10-31-07 13 Agenda item 1.4 MEMORANDUM TO: Chuck Ahl, Acting City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Kline Nissan Dealership -Conditional Use Permit Review LOCATION: 3090 Maplewood Drive DATE: February 20, 2008 for the February 25 City Council Meeting INTRODUCTION On August 27, 2007, the city council reviewed the conditional use permit (CUP) for Kline Nissan at 3090 Maplewood Drive. The CUP was required for the maintenance garage portion of the dealership during its construction in 2002. During the August review the city council expressed concerns over the dealership's parking of vehicles on the grass and along County Road D, as well as concerns over the condition of the required wetland buffer. Due to these concerns the city council requested that city staff monitor parking on the site for three months and report the results of that monitoring at a city council meeting, along with a representative of the dealership. In addition, the city council requested the wetland buffer condition be formally reviewed again in June 2008 to ensure the required native plantings are healthy and maintained. DISCUSSION The completion of the frontage road in front of the Kline Nissan dealership has improved and made access to the site safer. The frontage road is currently a public right-of-way, but will be turned over to the dealerships in a year or two and will then become a private access road. The city council's parking concerns had to do with Kline Nissan's occasional parking of display vehicles on the grass and parking of employee or customer vehicles along the frontage road and County Road D. In the past the city's CUP conditions were being addressed by various managers of the dealership. Since the dealership was experiencing a high management turnover, city staff had difficulty ensuring that each new manager was aware of the various requirements of the CUP. This high manager turnover was part of the frustration expressed by the city council over the dealership last August. Since that time Jan Schulte, vice president of the dealership, has been assigned to work directly with the city on these issues. Ms. Schulte has been with Kline's dealerships for 21 years and has worked at the Nissan dealership since it opened in 2002. Ms. Schulte has submitted a statement which specifies that since August she has worked closely with each of the dealership's managers to make them aware of Maplewood's parking requirements (see attached statement). City staff has been monitoring the dealership's parking situation over the past five months. During this time the dealership maintained compliance with the CUP and city parking requirements, except for one instance where city staff witnessed parking on the grass during a sale at the end of the summer. City staff notified Ms. Schulte of this and there have been no instances since that time. As part of Kline Nissan's wetland setback variance approval they were required to improve the wetland buffer with native plantings (dogwood shrubs). During initial inspections of the buffer earlier this summer it appeared that several of the shrubs had died or were overgrown with weeds. Ms. Schulte has discussed the best management practices for the wetland buffer with the city's naturalist. The dealership will be following the city naturalist's suggestions for weed management and plant maintenance within the buffer this spring. City staff will update the city council on their progress this summer. Ms. Schulte will be available at the February 25 city council meeting to discuss these issues. RECOMMENDATION Review the conditional use permit for Kline Nissan 3090 Maplewood Drive again in June 2008 to ensure the wetland buffer is being maintained as required and that all other conditions of approval are being met. P:Sec 3\Nissan 2008 CUP Review Attachments: 1. Location Map 2. Site Plan 3. May 28, 2002, City Council Minutes 4. June 24, 2002, City Council Minutes 5. August 27, 2007, City Council Minutes 6. Jan Schulte Statement 2 Attachment 1 N W E s i~ _~ 3090 Maplewood Drive Kline Nissan 0 0 0 000 DD 000 o °0 0 0 0 0 0 0 0 a 0 00 00000 Location Map Attachment 2 Y 2 S I ~~ I ,'O' a. Q ~. ~ upapslQ{T 9 / ~ ~ Vk7ilfY 52E. sTn~ uio / ..~ ~ocxnen w~ axx~ _ ~ ~ / N7flwKpUS ~ ~ / _ ~ ~` I i _ _ 1 ' ~ ~i.Al~DS . _ _ _ q5 ~G 'o ~ I ~ I I _ _ _ _ _ _ _ _ _ _ _ _ _ _1 1ti ~'i~ / R=2789.75 ...,...,..,. ,.,.,..•...~..:.....: _ .:.....,..,.:.. ~.,.:....: _ 1.412.72 ~ ~µACXp°, 1'YR. A=D75'45" ~Si~E PLANPLAN At N NDRTli '"4 M .~~ nFAO uip st s~ n~rNc ~ ~ ~~.~ f ` \ \ ~~2 , ~ ~ ~' \ ~a ,t_~ ~`xo ~\ r°~'m. ~ ~` } v f i i 1 .r.\\ ~~i~ 1, .i `~ ~ ~ ~ ~U" , ,,, N 89'58 OD~W ~ 4SD.78 ~ ~wEnwos ~~~ Site Plan ~~ ~~ ~ `~\\ \ ~ `~~:~ \ ~..~ \ ~ ~. $~ .~ ~ F~~ ///''~--®GE flF CFLNERTEB ~ `~\ / \\~ ~\ /~ ~ \ ~ ~\ 4 C D L N 3" Y R f3 A D 'Q' s a9'Se'oo" E MINUTES - MAPLEWOOD CITY COUNCIL Attachment 3 7:00 P.M., Tuesday, May 28, 2002 Council Chambers, Municipal Building Meeting No. 02-11 8:52 Kline Nissan Vehicle Dealership-3090 and 3110 Maplewood Drive Wetland Setback Variance Conditional Use Permit Design Approval a. Assistant City Manager Coleman presented the report. b. Associate Planner Roberts presented the specifics of the report. c. Commissioner Rossbach presented the Planning Commission report. d. Boardmember Olson presented the Community Design Review Board report e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Rick Kline, Owner, Kline Nissan Mayor Cardinal closed the public hearing. Councilmember Collins moved to adopt the following resolution approving the conditional use permit for the Nissan dealership at 3090 and 3110 Maplewood Drive: RESOLUTION 02-05-097 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Rick Kline, of Kline Auto World, applied for a conditional use permit for a motor vehicle maintenance garage as part of a new Nissan dealership; WHEREAS, this permit applies to properties at 3090 and 3110 Maplewood Drive. The property identification numbers are 03-29-22-22-0002 and 03-29-22-22-0003. The legal description is: Tract "A", Registered Land Survey No. 15, on file in the office of the Registrar of Titles within and for said County, except that part lying easterly of a line beginning at a point on the north line of said Tract 1494.91 feet west of the northeast corner of said Tract; thence southeasterly at an angle of 56 degrees, 43 minutes with said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the south line of said Tract 1303.88 feet west from the southeast corner of said Tract, Ramsey County, Minnesota. Torrens Certificate Number: 171003. WHEREAS, the history of this conditional use permit is as follows: On May 6, 2002, the planning commission recommended that the city council approve this permit. 2. On May 28, 2002, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above- described conditional use permit based on the building and site plans. The city approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional 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. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The applicant shall not load or unload vehicles on public right-of-way. 4. Cars can only be parked on designated paved surfaces. 5. The city council shall review this permit in one year. Seconded by Councilmember Koppen Ayes-All Attachment 4 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, June 24, 2002 Council Chambers, Municipal Building Meeting No. 02-13 2. Kline Nissan Dealership Wetland Setback Variance Reconsideration (3100 Highway 61) a. City Manager Fursman presented the report. b. Assistant City Manager Coleman presented the specifics of the report. c. Clifton A. Aichinger, Ramsey/Washington Metro Watershed outlined the Metro Watershed's position. d. Rick Kline, owner, Kline Auto World, spoke about the proposal. Councilmember Collins moved to approve the following variance resolution (50 foot buffer on the NE side, and 25 feet on all other sides with an infiltration system installed on all sides), for the Nissan Dealership site plan: RESOLUTION 02-06-119 VARIANCE RESOLUTION WHEREAS, Rick Kline, of Kline Auto World, applied for a variance from the zoning ordinance. WHEREAS, this variance applies to properties at 3090 and 3110 Maplewood Drive. The property identification numbers are 03-29-22-22-0002 and 03-29-22-22-0003. The legal description is: Tract "A", Registered Land Survey No. 15, on file in the office of the Registrar of Titles within and for said County, except that part lying easterly of a line beginning at a point on the north line of said Tract 1494.91 feet west of the northeast corner of said Tract; thence southeasterly at an angle of 56 degrees, 43 minutes with said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the south line of said Tract 1303.88 feet west from the southeast corner of said Tract, Ramsey County, Minnesota. Torrens Certificate Number: 171003. WHEREAS, Section 36-196(h)(3) of the wetland protection ordinance requires a 100-foot- wide wetland buffer. WHEREAS, the applicant proposed a 75-foot-wide wetland buffer. WHEREAS, the city council approved a wetland buffer variance ranging from a 50-foot-wide buffer on the northeast side of the property to a 75-foot-wide buffer on the south and southeast sides of the site. WHEREAS, the history of this variance is as follows: 1. On May 6, 2002, the planning commission recommended that the city council approve this variance. 2. The city council held a public hearing on May 28, 2002. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity to speak and present written statements. The 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 variance for the following reasons: a. Strict enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the property owner. The 100-foot-wide wetland buffer requirement would make development of this site difficult. b. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would improve a portion of the wetland buffer substantially over its present state and will treat storm water from the site with a subsurface storm water infiltration system. c. The city council previously approved similar wetland buffer variances for three developments near this proposal. Approval is subject to the applicant doing the following: a. Dedicating a 50-foot wetland protection buffer easement along the northeast lot line and a 25-foot wetland protection buffer easement along the remaining wetland edge. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record this easement before the city will issue a building permit. b. Submitting a revised grading plan showing compliance with the required wetland dedications. The grading plan shall include grading to within 10 feet of the wetland edge on the side where the 50-foot buffer is required, with restoration of the remaining 40 feet of wetland buffer consisting of native plantings to be approved by staff and the watershed district (see landscape requirement below). c. Submitting a revised landscape plan for the restoration of 40 feet of the wetland- protection buffer on the northeast side of the site and for the 25-foot buffer in the other wetland buffer areas. This plan shall be subject to staff and watershed district approval. Underground irrigation is required for all landscaped areas, excluding the wetland protection buffer. d. Installing signs at the edge of the wetland-protection buffer which prohibit any building, mowing, cutting, filling or dumping within the buffer. Submitting a signed maintenance agreement to the Ramsey/Washington Metro Watershed District and the city for maintenance of the subsurface storm water infiltration system that accepts responsibility for any necessary maintenance and upkeep of the system. Seconded by Councilmember Koppen Ayes-Mayor Cardinal, Councilmembers Collins and Koppen Nays-Councilmembers Juenemann and Wasiluk 2 Attachment 5 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, August 27, 2007 Council Chambers, City Hall Meeting No. 15 I. CONSENT AGENDA 4. Conditional Use Permit Review -Kline Nissan 3090 Highway 61 North. Councilmember Juenemann moved to approve the Conditional Use Permit Review for Kline Nissan 3090 Highway 61 North. This CUP shall be reviewed again by June 1, 2008, to check the planting in the buffer zone. The Code Enforcement Officer shall visit the site immediately and report back to the city council. The Kline Nissan dealership shall be reviewed by the city council in three months and if necessary the Manager of Kline Nissan shall appear before the city council. Seconded by Councilmember Hjelle. Ayes -All August 27, 2007, City Council Meeting Attachment 6 February 20, 2008 To: Shann Finwall, Planner Re: Kline Nissan CUP Review From: Jan Schulte, Vice President I have been with Kline Auto World for 21 years - my position is Vice President of Dealer Operations. After your visit last summer, I have reviewed our parking/ display areas with each of the managers at Kline Nissan so they are aware of the City of Maplewood's expectations. As you have noticed in your monitoring we have been incompliance (parking on Co Rd D, parking of new vehicles on frontage road, parking on grass surrounding the dealership). This spring (if it ever comes) we will be working with Ginny Gaynor in your Natural Resources area to address the wetland buffer. We did speak last fall and due to the dry weather we were unable to use the chemicals she recommended to control the weeds. We agreed with her assessment to wait until spring and would work together with her recommendations. We have enclosed our dumpster in accordance with City requirements. I hope that the City of Maplewood recognizes our efforts and now feels they have a stable person to contact with any concerns. AGENDA NO. 15 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: Finance and Administration Manager RE: Authorization to Order and Expend Payment for City Stationery Order DATE: February 25, 2008 Introduction The Finance Department would like approval for the authorization to order and expend payment for the City of Maplewood yearly stationery order. Background The City makes a yearly bulk stationery order for all departments. The order is made as a one time order to reduce the overall cost. The cost of the Cities 2008 order is approximately $7,161.06. Recommendation It is recommended that the city approve to order and expend the funds for payment. P\agn\2008 stationary order AGENDA REPORT Agenda Item 16 To: Acting City Manager Chuck Ahl From: Chief of Police David J. Thomalla Subject: Joint Powers Agreement -County-Wide Traffic Enforcement Date: February 15, 2008 Introduction The Police Department wishes to enter into a Joint Powers Agreement with the Ramsey County Sheriffs Office and other suburban Ramsey County law enforcement agencies, and City Council approval is required to enter into this agreement. Background In the fall of 2007, exploration was begun regarding the possibility of creating a combined Joint Powers Agreement with the Ramsey County Sheriff's Office and other suburban law enforcement agencies in the county. The Operation Nightcap Law Enforcement Liaison with the Office of Traffic Safety had formed an extremely successful DUI Task Force in Anoka County and was hoping to expand into Ramsey County, which is one of the top 13 "deadliest counties" for DUI-related traffic fatalities in Minnesota. Using the Anoka County Joint Powers Agreement as a model, a draft agreement for Ramsey County was written and distributed to each agency for review. This agreement has been reviewed by me and City Attorney Kantrud, and there are no suggested changes to the document. The purpose of this Joint Powers Agreement is to form a combined DUI Task Force. An officer or two from each suburban agency would conduct DUI enforcement under a grant administered through the National Highway & Traffic Safety Administration at selected locations throughout Ramsey County during the grant period. The benefit to Maplewood is that when Maplewood locations are chosen, there would be an additional ten or more officers in the City conducting DUI enforcement on our problem roadways. This Joint Powers Agreement will also cover any other mutual aid-type issues, such as emergencies or disasters, that arise among the suburban agencies in the future. Budget Impact There are no costs associated with this Joint Powers Agreement. Recommendation It is recommended that City Council approval be given to enter into this Joint Powers Agreement. Action Required Submit to the City Council for review and action. DJT:js Attachment 16 Attachment 1 MUTUAL AID AGREEMENT The parties to this Agreement are the Roseville Police Department, tl~e Maplewood Felice Depa~~tment, [INSERT NAMES OF ALL PARTIES]. Whereas, Minn. Stat. § 471.59 authorizes governmental units to enter into .joint powe~~s agreements and Mina. Stat. § 12.27 authorizes governmental units to enter into mutual aid agreements; Whereas, all of the parties to this Agreement are governmental units under Minn. Stat,. ~ 471.59; Whereas, all parties recognize that there are circumstances where the assistance of law enforcement agencies of other governmental units is important in effectively and efficiently maintaining the peace and apprehending criminals; Whereas, all parties are desirous of having their respective officers extend their services beyond their respective jurisdictions for the purpose of p~°oviding assistance and enforcing the laws in agreed-upon situations; and Whereas, the parties believe that the establishment of a procedure whereby a party to this Agreement may provide to another party, personnel o~° equipment, in order to address law enforcement issues that one agency may not be able to effectively and efficiently address alone would be of great benefit to the public health, safety, and welfare of their citizens. Naw therefore, the parties, pursuant to the authority contained in Minn. Stat. § 471.59, agree to the following: A. Purpose The purpose of this Agreement is to provide law enforcement assistance to the parties to this Agreement in cireurnstances where such assistance would enable a party to more effectively and efficiently deal with a situation involving public safety than the sole use of its own law enforcement agency. Examples of such situations include, but a~°e not limited to, the following: (1}concentrated alcohol patrols; {2) planned events or gatherings of citizens which are reasonably expected to draw a large crowd and which may therefore require extensive crowd control and law enforcement efforts; and {3) enforcement of traffic laws, including, but not.liinited tgi speeding, seatbelt requirements, and monitoring of railroad crossings. The intent of this Agreement is to enable the parties to malts equipment, personnel, and other resources available to another party of this Agreement for the purposes set forth in this paragraph. B. Definitions "Party": Far purposes of this Agreement, the Roseville Police Department, the Maplewood Police Departmext,[INSERT NAMES OF OTHER PARTIES] are the parties. A party will either be a party "requesting" assistance ("Requesting Party"} or a party "responding" to the request for assistance ("Responding Party"), 2. "Requesting Official" means the person (ar persons} designated by a party who is responsible for requesting assistance from other parties. 3. "Requesting Party" means a party that requests assistance from other parties, 4. "Responding Off cial" means the person (ar persons} designated by a party who is responsible to determine whether and to what extent that party should provide assistance to a Requesting Party 5, "Responding Party" means a party that provides assistance to a Requesting Party- 6. "Assistance" means law enforcement personnel, equipment, and/or services provided by the Responding Party to the Requesting Party. C. Procedure ... . Authorized Representatives. Each party shall designate the appropriate off cial(s) within its jurisdiction who are empowered to request assistance with a law enforcement project that falls within the purpose of this Agreement (i-e, the "Requesting Official") and to respond to requests far assistance from other Parties (i.e. the "R.espanding Official") under the terms of this Agreement. The parties shall notify each other of the names, addresses, and telephone numbers of the authorized Requesting Official(s) and Responding Official(s) 2. Requesting assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties to address a law enforcement issue, the Requesting Official tnay call upon the Responding Official of any other party to furnish assistance. Responding to request. Upon receiving the request far assistance from the Requesting Party, the Responding Off cial may autl~iarize and direct hislher party's personnel to provide assistance to the Requesting Party. This derision will be made after considering the needs of the Responding Party and the availability of resources, The determination of whether oi• oat to provide the requested assistance shall be made exclusively by the Responding Off cial and shall be conclusive. Neither the Responding Party, nor any officer or employee of the Respanding Party, shall be liable to any other Party or to any other person far failing to respond ar provide assistance to the Requesting party. Any responding peace aff cer acting pursuant to this Agreement has the fiall and complete authority aff' a peace aff cer as though appointed by the Requesting Party 4. Recall of Assistance. The Respanding Official may at any tune recall such assistance when in his ar her best:judgment, ar by an order from the governing body of the Responding Party, it is considered to be in the best interests of the Responding Party to do so. Neither the Responding Party, nor any off cer or employee of the Responding Party, shall be liable to any other party or to any other person for recalling assistance under this provision. .S. Command of Operation. The Requesting Party shall be in command of the operation in the sense that the Requesting Party, will serve as the resource for other parties if they have questions concerning the operation. The Requesting Party will be the liaison between the parties participating in the operation. D. Authority of Peace Officers. Personnel of a party acting under this Agreement in the jurisdiction of another party are acting in the line of duty and in the course of employme~.t and are authorized to exercise the powers of a peace officer therein, E. Disposition of Property. When an arrest is made pursuant to this Agreement, the party making the arrest will follow its own policies associated with are°ests and the retention and disposition of seized property. The party malting the arrest wi11 retain any seized property and dispose of it in accordance with the party's policies and any applicable laws. F. Liability. Mach party shall be responsible for its own personnel and equipment and far injuries or death to any such. personnel or damage to any such equipment. Wc~rker'a compensation. l ach party will maintain workers' compensation insurance or self insurance coverage, covering its awn personnel while they are providing assistance pursuant to this Agreement. Each party waives the right to sue any othe~° party for any warlcers' compensation benefts paid to its awn employee ar volunteer or their dependants, even if the injuries were caused wholly ar partially by the negligence of any other party or 'rt officers, employees, or volunteers, 2. Damage to equipment. Each party shall be responsible for damages to or loss of its own equipment. Each parley waives the right to sue any other par'ly for any damages to ar loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its offices°s, employees, or volunteers. Liability to third parties. Each party agrees that it will be responsible for its own acts and/or omissions and those of its officials, employees, representatives, and agents in carrying out the terms of this Agreement and the results thereof, to the extent authorized by law, and shall not be responsible for the acts and/or omissions of any other party and the results thereof. Under no circumstances, however, shall a party be required to pay, on behalf of itself and other par-ties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 465 applicable to any one party.: The limits of liability far some ar all of the parties may not be added together to determine the maximum amount of liability for any party. Nothing in this Agreement shall constitute a waiver of the rights, benefiits, immunities, and privileges that each party is entitled to under federal law or state law. G. Charges to the Requesting Party No Charges wi11 be levied by a Responding Pariy to this Agreement for assistance ~°endered to a Requesting Party under the terms of this Agreement unless agreed to by the pai°ties. H. Duration This Agreet~tent will,remain,effective fot• aIl_partie~ unless a paz-ty withdraws from this Agreement as provided by t~.is paragraph. Any party may withdraw from this Agreement upon thirty (30) days written notice to the other parties to the Agreement. In the event any party withdraws from the Agreement, this Agreement shall remain in full farce and effect between the remaining parties to this Agreement, ~ul?ject to any modifcations made pursuant to paragraph K of this Age°eement. I. Posting of Agreement A copy of this Agreement shall be posted at the headquarters of-each party's law enforcement agency, J. Similar Agreements In the event that any of the parties to this Agreement have entered into mutual aid agreements with another party or parties to this Agreement or other non-parties, those Agreements remain in effect, and this Agreement shall not limit any of tlxe panties in connection with any obligations a party may have under similar agreements, If any of'the parties have previously entered into agreements with one or more of the other parties to this Agreement and those agreements are for the same purpose as this Agreement, this Agreement will supersede the previous agreement. Any party may enter into other mutual aid agreements without consultation with the other parties, K. Government Data Practices Nothing in this Agreement can l,e construed to be contrary to Minnesota Statutes, ~`hapter 13, Minnesota Govermnent Data Practices Act, All cif the data created, collected, received, stored, used, maintained, or disseminated by the parties in performing functions under this Agreement is subject to the requirements of the Minnesota Government Data Practices Act and all parties must comply with those requirements.. If any provision in this Agreement is in conflict with the Minnesota Government Data Practices Act, the Act wi11 control_ L. Liability 1[nsurance Each party shall provide its own liability insurance that affords coverage to it while performing responsible functions outside its jurisdiction pursuant to this Agreement. The insurance coverage obtained will be in at least the liability limits set forth in Minnesota Statute Section 46b.04. Each party agrees to modify its coverage to reflect statutory increases in liability limits that occur during the term of this Agreement. No party waives its immunities under Minnesota law. M. Modil•ieations All amendments or modifications to this Agreezxient must be in writing and approved by all parties and included or attached to this Agreement. N. Severability The provisions of this Agreement shall be severable, and if any provision, o~° any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement ar portion thereof shall rremain in full force and effect. O. Entire Agreement This Agreement and any modifications to this Agreement in accordance with paragraph K constitutes the entire agreement of the parties hereto. Except as stated in this Agreement, r1o party has relied on any statement, promise, inducement, or representation oi'the other. This Agreement supersedes any and all prior statements and agreetrrents between the parties relating to the sul7ject matter contained herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized officers pursuant to the authority granted by tl~e attached resolutions adopted by the governing bodies of the parties. Date Roseville Police Department By Title Date Maplewood Police Department By Title [INSERT SIGNATURE BLOCK FOR EACH PARTY] AGENDA REPORT Agenda Item 17 TO: City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Approval of Payments: 1. 2008 Contribution to Northeast Suburban Transit (NEST) 2. 2008 Membership to Metro Cities 3. 2008 Membership to Municipal Legislative Commission DATE: February 20, 2008 INTRODUCTION/SUMMARY Three annual payments that exceed the $5,000 Limit need approval from the City Council to authorize payment. Approval is recommended for these three items that are a part of the 2008 Budget line Items. RECOMMENDATION It is recommended that the City Council adopt a motion approving payment to NEST in the amount of $32,780 for the 2008 contribution; $8,987 for the 2008 Membership in Metro Cities; and $9,099 for the 2008 annual dues for the Municipal Legislative Commission. Attachments: 1. NEST Invoice 2. Metro Cities Invoice 3. MLC Invoice 17 Att~rr~~nt~~~~ i~ORTH~AST SUBURBAN TRANSET 14190 Xenon St. NW Suite #2 Ramsey, MN 55303 February 5, 2008 Mr. Interim City Manager Maplewood City Hall 1830 East County Road. B Maplewood, MN S S 1.09 Dear Interim City Manager: Enclosed is a request for Maplewaad's 2008 contribution to NEST, which is the amount approved by the NEST Commission an October 9, 2007. If you have any questions, please contact your NEST Commission representative or call Jim Norman at (763) 712- 9405. Thank you far your contribution to NEST. Best regards, NEST Commission ~~ Carmen Barrack, Oakdale, Chair Will Rossbach, Maplewood, Vice Chair David Zick, North St. Paul, Treasurer James E. Norman, Interim Coordinator NORTHEAST SUSUR8.4lV TRANSET 14190 Xenon St. NW Suite ~2 Ratxtsey, MN 55303 Date: January 6, 2008 Bbl To: City of Maplewood Maplewood City Hall 830 East County Road B Maplewood, MN 55109 NEST Attn.: lames E. Norman 14190 Xenon St. NW Suite #2 Ramsey, MN 55303 Maplewood's 2008 contribution to NEST $32,7$0 Thank you. January 10, 2008 Mr. Greg Copeland City Manager 1830 E County Rd B Maplewood, MN 55109-2702 Dear Mr. Co~e~l'and: ~~ Happy New Year! Enclosed please find an invoice for your city's 2008 Metro Cities membership dues. With more than 85 members, Metro Cities is the only organization that represents the comprehensive interests of Metropolitan Area cities. Your city's membership and participation in Metro Cities assures a strong voice both at the legislature and the Metropolitan Council and also ensures that you will have the most up-to-date information and representation on issues important to metropolitan cities. Yau should have received a copy of our 2008 legislative policies. These policies will guide our work over the coming year. If you would like additional copies, please don't hesitate to contact us at (651} 215-4000. Thank you for your continued membership and participation in Metro Cities. Our staff looks forward to working with you and the city officials from your community over the coming year. If you have any questions or if we can be of assistance at any time, please don't hesitate to call me at (651) 215-4001. Sincerely, Louis F. Jam ois Executive Director Metro Cities 14511»rversity Ave W ~ fit. Paul, Ml~ 55103-2044 ~ Phone (651) 215-4000 s ~'ax (651} 281-1299 W w-wvv.amm145.arg Metro Cities Sales 145 University Ave W, St. Paul, MN 55103-2044 Order Phone: 651 215-4000 ~~$ 1 3 ~~G3 #926 SOLD T Accou 726 Phone: 651-249-200D Greg Copelan cl aplewood' l 830 E Gou d 13 i~ Maplew , MN 5109-2702, USA C~~U ~\~ I - _.~`~ _ Date Ordered: 12/29/06 Due Date: 01/31/2007 Customer PO: Account Terms: Net 30 Tax Status: Taxable Reference: SHIP TO Phone; b51-249-2000 Greg Copeland c/o Maplewood 1830 E County Rd B Maplewood, MN 55109-2702, USA Shipper: Salesperson: Laurie Jennings Item # Description Unit Ordered Ship Tax Unit Price Total Membership Dues for the City of Maplewood 1 D ^ $&,987.00 $0,00 Thank you ~ Pretax Subtotal: $ 8,987.00 `T'axable Items: $ 0.00 Nontaxable Items: $ 8,987A0 Amount Paid as of Printout Date: $ 8,987A0 0-Percent Sales `T'ax: $ 0.00 Balance Due as of Printout Date: $0.00 Sales Order Total: $ 8,987.fl0 GO~~ ~~ ~~~~ ~ 1 `~ 1~ 20 ~e~ M~led Page 1 of 1 STATEMENT T0: City of Maplevvood FROM: MLC Treasurer, Jodi Burslrei~ DAT): January 2, 2008 SUBJECT: 2008 Annual Dues 2048 Annual Dues ................................................... $ 9,099.00 Total Due ................................................... $ 9,099.00 Please make. check payable to; Municipal Legislative Commission City of Plymouth Attn: Jodi Bursheim 3400 Plymouth Blvd Plymouth, MN 55447 If you have any questions, please contact Jodi Bursheim at (763) 509-5320 or jbursheim a ci,plymouth.mn.us Thank you for your prompt attention... 17 Attachment 3 Agenda Item K1 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Civil Engineer II SUBJECT: Idaho Street Improvements, City Project 07-19 a. Consideration of Idaho Avenue Overlay Option DATE: February 20, 2008 INTRODUCTION The public hearing for this project was held at 7:00 p.m., Monday, February 11t", 2008. The council passed a resolution to remove Idaho Avenue from the project scope and directed staff to revise the funding plan to reflect only the Myrtle Street improvements. Therefore only Myrtle Street is currently being designed for improvements. Staff has provided additional information regarding improvement of Idaho Avenue at the request of the property owners to explore an overlay option. The council should consider the information within this agenda report and direct staff in addressing the condition of Idaho Avenue between Sterling Street and the Priory Neighborhood Preserve. A copy of this agenda report was mailed to each resident on Idaho Avenue to inform them of possible discussion at the February 25t", 2008 council meeting. Background The city council ordered the preparation of the feasibility study at the August 27t", 2007 regular meeting. On January 28t", 2008 the city council accepted the feasibility report and ordered the public hearing. It should be noted that staff verified that the official public hearing notice was mailed to each resident on the project and the notice was also published twice in the local newspaper prior to the February 11t", 2008 public hearing. Before the start of the public hearing a neighborhood initiated survey was distributed to the council by a resident on Idaho Avenue indicating property owners are against the proposed improvement. The survey is provided as a supplement to the packet. Another submittal was provided to city staff regarding an overlay of the street on February 19, 2008, and is also attached. Street improvements for Idaho Avenue were listed on the city's capital improvements project plan for 2008. Nine property owners have driveways fronting this street. The street has a very low pavement surface with numerous areas of patching and fatigue cracking. There are needed fixes to the sanitary sewer pipe beneath the roadway which was reiterated to engineering staff by the sanitary sewer utility maintenance department on February 14t", 2008. If the street is not reconstructed then staff may have to look at costs associated with future lining of the sewer pipe in the fractured and offset locations. Also the sanitary sewer drop manhole at the intersection of Sterling and Idaho needs repair according to the utility maintenance department and requires excavation at that location. One of the most essential pieces along this street is the drainage and environmental component with untreated runoff sheeting into the Maplewood Priory Neighborhood Preserve. An approach to addressing the runoff and providing treatment and erosion control prevention at the eastern end of Idaho Avenue should be addressed as part of any improvements to this street. DISCUSSION Staff has prepared a rough cost estimate for performing a 2-inch thick overlay to the street. It should be noted that the overlay is only a quick fix and would not allow for the needed fixes to Maplewood's sanitary sewer infrastructure and pavement structural section. The estimated cost for only an overlay is $33,550. This does not include labor costs for the street department filling potholes and leveling the road in order to prepare the street for the 2-inch overlay of bituminous. The city's 2008 assessment rate per unit for an overlay is set at $2,030. The standard overlay option is established only for streets with structural strength. Because the overlay will not last for more than 10 years, the residents are required to assume 100% of the street costs. Therefore with nine residents fronting the street, the funding from special assessments would equal $33,550, or approximately $3,725 per resident. There is no support for proceeding with this option. As for the water quality treatment component, the city should also consider the $900 storm sewer assessment per residential unit if any improvements were ordered to proceed. The funding from this special assessment from nine residential units equals $8,100. A separate cost estimate of $27,600 was generated to address the environmental concerns by treating storm water prior to entering the open space. This includes mobilization, excavation, three residential rainwater gardens, one large rainwater garden/basin at the east end (Priory Neighborhood Preserve), silt fence/straw wattle, wwtle, rip rap, erosion control blanket, plantings, seeding and establishment. It is assumes volunteers would plant the gardens with low cost mulch and plants. The planting work would be coordinated by the city naturalist, with no labor costs included. Staff has determined that an overlay would not be a wise investment and would provide only temporary relief. The residents also appear to agree an overlay is not the preferred option. If any improvements are to be made to this street a full reconstruction should be considered as originally proposed. There are some residents who want the new street project to be completed while the majority does not, according to the information submitted to staff on February 19t", 2008 by one of the Idaho Avenue residents. It should be noted that the city does have an assessment objection and deferment process for those proving a financial hardship if the project were to move forward. The city should continue to treat all residents equally as part of the Pavement Management Policy; the residents on this street have never been assessed for street or storm sewer in the past. If the street is fully reconstructed in 2008, the special assessments would cover only about 20% of total project costs. It is the city's goal to have special assessment cover up to 50% of total project costs. So it is likely that if the project is delayed and completed at a later date, the special assessment rates could be much higher than the current 2008 rate of $6,360 per residential unit. Option 1: Full Reconstructio Special Assessments -Street Special Assessments -Storm Sanitary Sewer Utility Fund Driveway Replacement General Obligation -Bonds Total n as Originally Proposed: $ 49,140 Per Residential Unit = $5,460 $ 8,100 Per Residential Unit = 900 $ 19,700 $6,360 $ 5,910 $203.829 $286,679 Option 2: Do Nothing at This Time As Directed at February 11th, 2008 Council Meeting. Street maintenance department would continue to fill potholes and patch the street as necessary. RECOMMENDATION It is recommended that the city council consider the information on the Idaho Avenue improvements as part of the Myrtle-Idaho Area Street Improvements, City Project 07-19 and provide staff with direction on proceeding. At this time, there is no new information to indicate a change in the approach approved by the Council on February 11th. The council does not need to take any action. The street will be placed back into the 5-year CIP for consideration at a future date. Attachments: 1. Neighborhood Initiated Questionnaire 2. Neighborhood Updated Feedback Regarding an Overlay 3. Location Map IDAH® Sl"REE°f IMF'RG~EMEN°C Johnson, Ray & Sharon {Retired) .1?~s.Po ~,_ . ~~k~.~~.~~v ~ ~~ 630 No. Sterling St. ~ ~'-~~~~ P -- ~~~ ~' (Driveway is on Idaho. Th y already paid for er on terling St.) .u .~r~ Franey, Mike & Judith a~~~~~~ ' E. Idaho Ave. Kirchoff, Nancy ~ 2525 E. Idaho Ave. Biagini, Joe ~ Sue ~~~~,~~ 2531 E. Idaho Ave. ~~ ~ ~ ~ Gorke, Rob ~-~' 554 E. Idaho A Cude, Larry & Carol (Retired) _ ~u~t~~ r~'/i 2546 E. Idaho Ave. Stickler, John & Bev (retired)-~~ _~~:~ 2534 E. Idaho Ave. ~Co~lo D~ ~. ., ~6~ ~' ~'ia~i~y/moo s ` .~ -Sim y ~- ~/~ . ~~~'lD ~ Judith and Michael Franey 2515 Idaho Avenue East Ma lewood, MN 55119 We are willing to go along with whatever is acceptable to our neighbors. Otu understanding is that this piece of road has had only pothole filling and patching done over the last 30 years. There has been no seal coating or other maintenance. We would propose, therefore, that if the paving project is done, the assessment to Idaho Avenue residents be substantially reduced from the $6,300 currently indicated. Perhaps $3,000 would be more appropriate when the past lack of street quality endured by us and our neighbors is taken into account. 1 ° ; ~ a ~ ~- ~ ~~~ I Fi ST TI P E T Johnson, Ray Sharon (Retired} ~ ~" `~ f~Q ~~/,~ ~,' „, ~~~~° 1630 No. Sterling St. /~~' `~~~~~ (Driveway is on Idaho. They already paid for sewer on Sterling St.) ~~ Franey, Mike & Judith ~ C~a~~ ~~ ,,/~G~/ .~'r 2515 Ave. .1~~ ~ , ~ ~~ OLr Kirchoff, Nancy _~ ~~ ,~~/ -- ~/c~ :~~~ ~'/~~~F 2525 E. Idaho Ave. ~/G~ ~r~~~y __ ~G Biagini, Joe & Sue ~~ ~~ ~',~,~ ~r_"~5 ~ d3 /'~~'~ ~~~ ~ ~i ~'~~ 1 2531 E. Idaho Ave. Gorke, Rob .~_~ ~~i ~ z~ ~.~/f ~ ~G,/ ~5 ~ 1~ ~ /-~ 2554 E. Idaho Ave. , Larry & Carol (Retired) ,r~"~©5 !~-- ~y~~ ~~~ ,~'~,~~.~G Cude, 2546 E. Idaho Ave. , Stickler, John & Bev (retired)_~i/G' C C~~~f~~"~" 2534 E. Idaho Ave. Peterson, Bob & Bev (Retired) 2526 E. Idaho Ave. Fosburgh, Anne (Retired) ,~ ~,~~ ~~ ~r~ S' y',~'~ I, j 2 16 E. Idaho ve. ',~ r. ~ The optional overlay proposal for Idaho Avenue in the amount of an estimated cost of $4,600 PLUS four days of labor and equipment costs could equal or exceed the total reconstruction cost of $6,800. Therefore, it would be prudent for us to accept no work at all per the Council vote or full reconstruction as recommended by staff. As far as the environmental impact to the Priory preserve is concerned, the only noticeable change over the 45 plus years we have been here has been the stripping and clearing by Maplewood of the area. -Robert W. and Beverly Peterson 2526 E. Idaho Avenue Question: If the City has a formula for assesments, does the Acting City Manager have the authority to change it to 100%? ATTACHMENT All the names that say see attached, all made this comment. We prefer that nothing be done to East Idaho Street. If something has to be done, we prefer the New Street as opposed to an Overlay which is also way too expensive. We all still feel that our assessment should be lower because nothing has ever been done to maintain our street, even though we have paid our taxes every year. According to Will Rossbach, yes we did get police and fire protection and snow plowing and an occasional thole filled, but we never did get any al sting like all the other streets in the area. e deserve to get a break now for the 35 years of paying t es and not gettin any street maintenan ~~ ~r ~1~ ~f~ 119 o ~ w ~ ~ Hillside ~ Park ~ RIPLEY ~ AVE. KINGSTON AVE ~ . c~ z ~ MCKNIGHT LN U 0 O O ~~ ~~~ L? J i'~_~ `~_~ LARPENTEUR w UI ~ ~. Nebraska ~ ~ U Park ON~ ~INGT AR W ~ F- ~ PROPOSED 2008 STREET I MPROVEMENTS ~ z (~ ~ ~ ~ ~ ~ MONTAN, CIR.~ TEVLIN OAK CT. CIR.( P~ / ~~'J- KNOLL CIR. AVE. IDAHO AVE P~~' s~ e~~ Sterling Oaks e5~' Park ~~r~ ~~ O NO SCALE M 0 NTANA AVE. ~~d rsP o ~~d 2 Manufactured Housing Estates OA K ~~~ Myrtle-Idaho Area Streets MAPLEWOOD, MINNESOTA CITY PROJECT 07-19 H OYT ~ ~- ~ ~ ~ w AVE. M 0 NTAN A w ~ ~ ~ 68 ~ NEBRASKA w 0 O Q AVE. EXHIBIT 1 Agenda Item K-2 Memorandum To: Chuck Ahl, Acting City Manager From: Bob Mittet, Finance and Administration Manager Date: February 19, 2008 Re: Woodlynn Village TIF Guarantee /Release of Escrow At the January 14, 2008 City Council meeting, the Council was asked to consider a request to reduce or eliminate amounts calculated as owed to the City as a result of the sale of Woodlynn Village, also known as the Cottages of Maplewood. The analysis provided the Council at that time indicated an amount due the City of $410,386.77 from Howard and Carla Rekstad, the sellers of the project. Background The Woodlynn Village project was the recipient of $275,000 of TIF financing related to TIF Housing District 1-3. Under the First Amendment to Development Agreement (Amendment) between the City of Maplewood and Cottages of Maplewood Limited Partnership (Rekstads), dated February 1, 1993, Rekstads guaranteed tax increments of $75,726/year with any shortfall from that amount accruing interest compounding at 7% per year. The largest tax increment actually generated by the project was $72,491 with the average annual tax increment equal to about $54,000. I have researched the files related to this project, in particular, the Development Agreement and the related Amendment. Based on these files, the liability to the City was calculated to be $410,386.77. No one disputed the accuracy of the calculations including the attorneys from Briggs & Morgan, the financial advisor from Springsted or the Rekstad's attorney, Mr. Glen Bergman of Peterson, Fram & Bergman. At the January 14, 2008 Council meeting, the Council authorized establishment of an escrow fund to hold this amount pending resolution while still allowing the property sale transaction to take place. This was done and the closing took place on January 17, 2008. The Bonds In 1989, the City sold its Taxable General Obligation Tax Increment Bonds of 1989 (Taxable Bonds) in the amount of $350,000. Of this amount, $275,000 went to the February 20, 2008 developers for land acquisition, $37,044 went to capitalized interest, $32,706 for issuance costs and $5,250 for bond discount. At the same time, the City sold $1,385,000 of Tax Exempt General Obligation Tax Increment Bonds of 1989 (Tax Exempt Bonds). These bonds were paid from tax increments generated within the same tax increment district and from tax levy with proceeds of the issue used for other expenditures not part of the Cottages of Maplewood project. Documents from 1989 spoke of spending $85,000 at Playcrest Park (see Parks & Recreation Memo dated 8/4/1989) and the Maplewood Community Center (see Finance Director Memo dated 5/1/1989). While proceeds from the Tax Exempt Bonds may have been used for these purposes, proceeds of the Taxable Bonds were used for the Cottages of Maplewood project. Average annual debt service on Taxable Bonds was approximately $46,500. (See attached debt service schedule) During this same time period, tax increments generated by the Cottages of Maplewood project were approximately $56,100 annually. Any excess increments were applied to payment of the Tax Exempt Bonds with the remainder of debt service funded from tax levy. In 1995, the City sold its Series 19956 G.O. Tax Increment Refunding Bonds in the amount of $1,215,000 to refund the bonds issued in 1989. I was initially told that these bonds refunded both of the 1989 Tax Increment issues and the calculation was based on the extended maturity date of those refunding bonds. Subsequently, I learned that the 1995 bonds only refunded the Tax Exempt Bonds and that the Taxable Bonds were, in fact, called and prepaid from funds on hand in 1995. This fact becomes key to the determination of amounts due the City. Some key definitions and terms from the Development Agreement and First Amendment to Development Agreement will also be useful. From the Development Agreement, "Bonds or Tax Increment Bonds means the General Obligation Tax Increment Bonds, the proceeds of which will be used to finance, among other things, the costs of the Land Write Down; the term `Bonds' shall also include any bonds or obligations issued to refund any Bonds." Also from the Development Agreement, "Maturity Date means the date when the principal of, premium (if any) and interest on the Bonds are paid in full." From the Amendment, Section 7.4 (a) "The parties reasonably expect that the annual Tax Increments to be derived from the Development Property in any calendar year after 1989 and prior to the Maturity Date will exceed the minimum amount needed to pay when due all principal and interest maturing in that year on the Tax Increment Bonds. The Developer agrees that if for any reason such Tax Increments in any calendar year are less than $75,726 for each year prior to the Maturity Date, then the Developer shall 2 February 20, 2008 pay, to the City, in accordance with the provisions set forth below, the difference between the Tax Increment actually received by the City and $75,726 (the `Tax Increment Shortfall')." Issues The issue here is whether the term "Bonds" is meant to include only the Taxable Bonds (If that is the case, then the bonds were paid in 1995 meaning that the "maturity date" is in 1995 and the guarantee expired at the end of 1994) or both issues (then the maturity date is in 2005, by reason of the refunding of the 1989 Tax Increment $1,385,000 bonds in 1995 and the subsequent extension of the maturity date by two years). Analysis If "Bonds" is only the Taxable Bonds, then the City is not owed anything further. If "Bonds" includes both bond issues, then the City is owed $410,386.77. Jenny Boulton, one of our attorneys with Briggs & Morgan, has indicated that the definition of "Bonds" is not sufficiently clear to issue a legal opinion. Negotiation or litigation of this matter is possible. From the City's perspective, it was an unfortunate decision to call and pre-pay the Taxable Bonds. It moved the "maturity date" from 2003 back to 1995 resulting in the potential loss to the City of approximately $200,000 of guarantees. Recommendation Staff seeks the Council's direction. Possible direction could be: 1. Instruct staff to continue to explore options to have both bond issues included in the definition of "Bonds" such that the Rekstads would owe the City the full amount of $410,386.77, or; 2. Instruct staff to negotiate a lower amount due to the City, subject to future Council approval, or; 3. Instruct staff to cease work on this matter and release the escrow held in the amount of $410,386.77. 3 516K MLI: FINAL DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MAPLEWOOD, MINNESOTA, AND COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP This document drafted by: BRIGGS AND MORGAN Professional Association 2200 First National Bank Building St. Paul, Minnesota 55101 DEVELOPMENT AGREEMENT TABLE Page Introduction ....... ................................ 1 Article I De finitions .............................. 3 Section 1.1. Definitions ..................... 3 Article II R epresentations and Warranties.......... 7 Section 2.1. Representations and Warranties of the City.......... 7 Section 2.2. Representations and Warranties of the Developer..... 8 Article III Purchas e and Conveyance of the Development Property ................... 11 Section 3.1. Current Status of Development Property ........................ li Section 3.2. Purchase of the Development Property by City ................ 11 Section 3.3. Reconveyance and Repurchase of the Development Property..... 12 Section 3.4. Purchase Price and Repurchase Price ................ 13 Article IV Construc tion of Minimum Improvements 14 Section 4.1. Construction of Minimum Improvements .................... 14 Section 4.2. Construction Plans .............. 14 Section 4.3. Commencement and Completion of Construction ................. 1S Section 4.4. Site Improvements ............... 16 Article V Insurance and Condemnation ............... 17 Section 5.1. Insurance ....................... 17 Section 5.2. Condemnation .................... 20 Section 5.3. Reconstruction or Payment....... 20 Section 5.4. Relationship to Mortgage and Tax Increment Bonds......... 21 = Page - Article VI Assessment Agreement and Other Covenants .............................. 22 Section 6.1. Execution of Assessment Agreement ......................: 22 Section 6.2. Real Property 'Taxes ............. 23 Article VII Tax Increment Bonds and Developer Payments ..................... 24 Section 7.1. Issuance of Tax Increment Bonds. 24 Section 7.2. Limitations on Financial Undertakings of the City........ 24 Section 7.3. Use of Tax Increments........... 24 Section 7.4. Guaranty of Tax Increment Shortfall ....................... 2S Article VIII Mortgage Financing .................... 26 Section 8.1. Limitation Upon Encumbrance of Property.- .................... 25 Section 8.2. Approval of Mortgage............ 26 Section 8.3. Notice of Default; Copy to . Mortgagee ....................... 27 Section 8.4. Mortgagee's Option to Cure Defaults ........................ 27 Section 8.5. City's Option to Cure Default on Mortgage ............. 27 Section $.6. Subordination and Modification for the Benefit of Mortgagees... 28 Section 8.7. Approval of HUD Mortgage........ 29 Section 8.8. Conflict with Federal Housing Administration Documents and Regulati.ons ..................... 29 Article IX Prohibitions Against Assignment And Transfer; Indemnification ............... 30 Section 9.1. Status of Developer; Transfer of Substantially All Assets..... 30 Section 9.2. Prohibition Against Transfer of Property and Assignment of Agreement ....................... 30 Page Section 9.3. Release and Indemnification. Covenants ....................... 32 Section 9.4. Approvals ....................... 33 Section 9.5. Transfer and City Payment....... 33 Article X Events of Default ........................ 35 Section 10,1. Events of Default Defined....... 35 Section 10.2. Remedies on Default ............. 36 Section 10.3. No Remedy Exclusive ............. 37 Section 10.4. No Implied Waiver ............... 37 Section 10.5. Agreement to Pay Attorney's Fees and Expenses ............... 37 Article XI Additional Provisions ................... 38 Section 11.1. Restrictions on Use ............. 38 Section 11.2. Conflicts of Interest........... 38 Section 11.3. Provisions Not Merged With peed .............:.............. 38 Section 11.4. Titles of Articles and Sections ........................ 38 Section 11.5. Notices and Demands ............. 38 Section 11.6. Counterparts .................... 39 Section 11.7. Modification .................... 39 Section 11.8. Law Governing ................... 39 Section 11.9. Legal Opinions .................. 39 Section 11.10 City Approvals .................. 40 Section 11.11 Termination ..................... 40 Article XII Community Development Block Grant Requirements ........................... 41 Section 12.1. Nondiscrimination ............... 41 Section 12.2. Architectural Barriers.......... 41 Section 12.3. Lead-Based Paint Poisoning...... 41 Section 12.4. Public Information .............. 42 Section 12.5. Records ......................... 42 Section 12.6. Rental Requiremenets............ 42 Section 12.7. Repayment of Community Developmentt Block Grant........ 42 Signatures ......................................... 43,44 Acknowledgements ................................... 45,46 - Exhibit A: Description of Development District Exhibit B: Description of Tax Increment District Exhibit C: Assessment Agreement Exhibit D: Legal Description of Development Property Exhibit E-1: Developer Conveyance Deed Exhibit E-2: Development Property Deed Exhibit F: Permitted Encumbrances Exhibit G: Certificate of Completion and Release of Forfeiture Exhibit H: Minimum Improvements Exhibit is Form of Guaranty Exhibit J: Form of Legal Opinion of Developer's Counsel DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the and between the City of Maplewood, municipal corporation and political existing under the Constitution and Minnesota and Cottages of Maplewood Minnesota limited partners.zip {the WITNESSETH: 1st day of July, 1989, by Minnesota {the "City"}, a subdivision organized and laws of the State of Limited Partnership, a "Developer"); WHEREAS, pursuant to Minnesota Statutes, Sections 459.125 to 469.134, the City has formed a municipal development district {the "Development District"), a description of which is attached hereto as Exhibit A; and has adopted a development program therefor {the "Development Program"); and WHEREAS, pursuant to the provisions of Minnesota Statutes, Sections 469.174 through 469.179, as amended (Hereinafter the "Tax Increment Act"), the City has created a tax increment financing district (the "Tax Increment District"), the legal description of which is attached Hereto as Exhibit B, and has adopted a tax increment financing plan (the "Tax Increment Plan"} therefor which provides for the use of tax increment financing in connection with development within the Development District; and WHEREAS, the acquisition of property by the City from private developers and the subsequent resale to private developers for a redevelopment project by the City are objectives of the Development Program; and WHEREAS, in order to achieve the objectives of the Development Program and particularly to make the land in the Development District available for development by private enterprise in conformance with the Development Program, the City has determined to acquire property from the Developer and reconvey the same to the Developer in order to bring about development in accordance with this Agreement; WHEREAS, in order to finance the objectives of the Development Program and Tax Increment Plan, the City has determined to issue its general obligation tax increment bonds to finance certain capital and administration costs within the Development District; and WHEREAS, a major objective of the Development Program and - Tax Increment Plan is to prevent deterioration of land located within the Development District; and WHEREAS, payment of said bands is to be secured, in part, by a pledge of tax increment generated by the Tax Increment District; and WHEREAS, the City has requested the County to certify the current assessed value of the Tax Increment District pursuant to Section 459.177 of the Tax Increment Act; and WHEREAS, the City believes that the development of a certain Project as mare fully set forth in, and pursuant to the terms of, this Agreement, and fulfillment of this Agreement, are vital and are in the best interests of the City and the health, safety, morals and welfare of its residents, and in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted: NOW, THEREPQRE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 2 ARTICLE 1 DEFINITTdNS Section 1.1. Definitions. All capitalized teams used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement, as the same may be from time to time modified, amended or supplemented; Assessment Agreement means the agreement, substantially in the farm of~the agreement contained in Exhibit C attached hereto and hereby made a part of this Agreement, among the Developer, the City and the Assessar for the County, entered into pursuant to Article VI of this ,4greement; Assessor's Minimum Market Value means the agreed minimum -- - __ market value of the Development Property for calculation of real property taxes as determined by the Assessor for the County pursuant to the Assessment Agreement; Bonds or Tax Increment Bonds means the General Obligation Tax Increment Bonds, the proceeds of which will be used to finance, among other things, the costs of the Land Write Down; the term "Bonds" shall also include any bonds or obligations issued to refund any Bonds; Bond Counsel means the firm of Briggs and Morgan, Professional Association, in St. Paul and Minneapolis, Minnesota, or s.ny other firm of nationally recognized band counsel selected by the City; City means the City of Maplewood, Minnesota, or any successor to its functions; Closing Date means the date on which the City reconveys the Development Property to the Developer under Section 3.2 of this Agreement; Condemnation Award means the amount remaining from an award to the Developer for the acquisition of title to and possession of the Development Froperty, or any material part thereof, after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such award; 3 Construction Plans means the plans, specifications, drawings and related documents of the construction work to be performed by the Developer on the Project in the form required by the building official for issuance of a building permit; County means the County of Ramsey; Developer means Cottages of Maplewood Limited Partner- ship, a Minnesota limited partnership, its successors and assigns; Devel~_e_r_Conveyance Deed means a quit-claim deed, sub- stantially in the form of the deed attached to this Agreement as Exhibit E-1, used to convey the Development Property from the Developer to the City; Deyelopm~nt District means the real property located within Development District No. 1, a description of which is attached hereto as Exhibit A; Develo meat Pro ram means the program approved for the Development District in connection with the Tax Increment Financing Plan, as such program may be amended or modified; Development Property means the real property (including any Minimum Improvements thereon) legally described in Exhibit D of this Agreement; Development Property Deed means a quit claim deed, substantially in the form of the deed attached to this Agreement as Exhibit E-2, used to reconvey the Development Property from the City to the Developer; Event of Default means any of the events described in Section 10.1 of this Agreement; First Mortgage means any Mortgage granted to secure any loan made pursuant to either a mortgage commitment obtained by the Developer from a commercial lender or other financial institution to fund any portion of the construction costs and initial operating capital requirements of the Minimum Improvements, or housing revenue bonds or Hates issued by the City to fund any portion of the construction costs of the Minimum Improvements, or all such Mortgages as appropriate; Guaranty means the guaranty in the form attached hereto as Exhibit I executed by Rekstad Resources, Inc. and Howard L. Rekstad as provided in Section 7.4 of this Agreement; 4 Land Write Down means the difference between the Purchase - Price paid by the City for the Development Property and the Repurchase Price at which the Development Property is sold to the Developer by the City under Section 3.3 of this Agreement; Maturity Date means the date when the principal of, premium (if any} and interest on the Bonds are paid in full; Minimum zmprovements means the improvements contemplated by and in accordance with this Agreement and the Construction Flans and generally described in Exhibit H attached hereto, generally constituting a 59 unit senior citizen housing facility;, MortgacLe means any mortgage or security agreement in which the Developer has granted a mortgage or other security interest in the Development Property, or any portion or parcel thereof, or any improvements constructed thereon, and which is a permitted encumbrance pursuant to the provisions of Article vzzz; Net Proceeds means any proceeds paid by an insurer to the Developer or the City under a policy or policies of insurance required to be provided and maintained by the Developer pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel} incurred in the collection of such proceeds; Permitted Encumbrances means the encumbrances described in Exhibit F to this Agreement; Project means the Minimum zmprovements to be located on the Development Property, generally constituting a 59 unit senior citizen housing facility and related improvements; Purchase Price means the price to be paid by the City to the Developer pursuant to Section 3.2(1) upon purchase of the Development Property in whale or part; Redemption Date means the earliest date on which any Bonds may be redeemed and paid prior to full maturity; Repurchase..Price means the sum of $1.00 to be paid by the Developer to the~City upon repurchase of the Development Property pursuant to the terms of Section 3.3 of this Agreement; 5 Site Im rovements means soil excavation, paving, landscaping, SAC WAC charges outdoor lighting utilities and _. sail tests and survey charges; State means the State of Minnesota; Tax Increments means the tax increments derived from the Development Property;. Tax Increment Act means the Tax Increment Financing Act, Minnesota Statutes, Sections 49.125 through 459.134, as amended; Tax Increment Bonds means the Bonds; Tax Increment District means the Tax Increment Financing District in the Development District qualified as a pausing district under the Tax Increment Act, the legal description of which is attached hereto as Exhibit.B; • Tax Increment Financing Plan or Tax Increment Plan means the plan approved far the Tax Increment District, as such plan may be amended or modified; Termination Date means the date of expiration of the Assessment Agreement as provided in Section 5.1 of this Agreement; and Unavoidable Delays means delays, outside the control of the party claiming its occurrence, which are the direct result o-f strikes, other labor troubles, unusually severe or prolonged bad weather, acts .of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion, directly results in delays, or acts of any federal, state or local governmental unit {other than the City) which directly result in delays. 6 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1. Representations and Warranties of the City. The City makes the following representations and warranties: (1) The City is a municipal corporation and political subdivision organized under the provisions of the Constitution and laws~of the State and has the power to enter into this Agreement and carry out its obligations hereunder. (2) The Tax ,Increment District is a "housing district" within the meaning of Minnesota Statutes, Section 273.73, Subdivision 11, and was created, adopted and approved in accordance with the terms of the Tax Increment Act. (3} The development contemplated by this Agreement is in conformance with the development objectives set forth in the Development Program and Tax Increment Financing Plan. (4} To finance the costs of the activities to be undertaken by the City, the City proposes, subject to the further provisions of this Agreement, to use its best efforts to issue the Bonds and use the proceeds thereof to finance the Land Write Down and to pledge Tax Increments generated by the Tax Increment District for the payment of the principal of and interest on the Bonds, all subject to Section 7.3. {5} The City has not received any notice from any local, state or federal official that the activities of the Developer ar the City with respect to the Development Property may or will be in violation of any environmental law or. regulation (other than those notices, if any, of which the Developer has been notified). The City is not aware of any state or federal claim filed or planned to be filed by any party relating to any violation of any local, state or federal environmental law, regulation or review procedure, and the City is not aware of any violation of any local, state or federal law, regulation or review procedure which would give any person a valid claim under the Minnesota Environmental Rights Act or other state or federal environmental statute. {6) The City makes no representation or warranty, either express or implied, as to the Development Property or its condition ar the soil conditions thereon, or that the Development Property shall be suitable for the Developer's purposes or needs. 7 (7} The City has made the findings required by Section 273.74, Subdivision 3, of the Tax Increment Financing Act for the Tax Increment District, and has set forth in writing the reasons and supporting. facts far each determination. Section 2.2. Representations and Warranties of the Developer. The Developer makes the following representations and warranties: (1) The Developer is a Minnesota limited partnership, has power to enter into this Agreement and to perform its obligations hereunder, and is not in violation of any provisions of its articles of incorporation or bylaws or the laws of the State. {2} The Developer will cause the Minimum Improvements to be constructed, operated and maintained in accordance with the terms of this Agreement, the Development Program and all local, state and federal laws and regulations {including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations), except for variances necessary to construct the Minimum Improvements contemplated in any Construction Plans approved by the City. (3} The Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (4) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or do not result in a breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, nor do they constitute a default under any of the foregoing, {5) The Minimum Improvements will be constructed at a cost of approximately $3,200,OOo (which figure includes the costs to the Developer of real and personal property). The Developer will spend enough in construction of the Minimum Improvements, when combined with the value of the Development Property and related site improvements, to generate the 8 Assessor's Minimum Market Value set forth in Section 6.1 of this Agreement. (6} The Developer has not received any notice from any local, state or federal official that the activities of the Developer or the City with respect to the Development Property may or will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has been notified). The Developer is not aware of any state or federal claim filed or planned to be filed by any party relating to any violation of any local, state o"r federal environmental law, regulation or review procedure, and the Developer is not aware of any violation of any local, state or federal law, regulation or review procedure which would give any person a valid claim under the Minnesota Environmental Rights Act or other state ar federal environmental statute. (7) The Developer will cooperate fully with the City with respect to any litigation commenced with respect to the Project. ($} The financing commitments which the Developer will proceed with due diligence to obtain to finance acquisition or construction of the Minimum Improvements, together with financing provided by the City pursuant to this Agreement, will be sufficient to enable the Developer to successfully complete the Minimum Improvements as contemplated in this Agreement. (9} The Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Project. (l0) The Developer would not undertake the Project without the financing provided by the City pursuant to this Agreement. (11) The Developer expects that, barring Unavoidable Delays, the Project will be substantially completed by December 31, 19$9. (12} The fair market value of the Development Property is, prior to its conveyance to the City under Section 3.2 of this Agreement, at least equal to the Purchase Price; and the Repurchase Price is fair and reasonable after taking into account the commitments of the Developer and the encumbrances on the Development Property made, or to be made, in favor of the City under this Agreement. 9 (13) The Developer warrants that it has no knowledge of any hazardous substances located in or on the Development Property now or at the time right, title or interest in the property was first acquired by it. (1~) The Developer estimates that the Assessor's Minimum Market value set forth in Section 6.1 of this Agreement is a reasonable estimate of the annual market value for ad valorem tax purposes. (Z5) The Developer expects that the Site Improvements will cost a minimum of $275,000. 10 ARTICLE III PURCHASE AND CONVEYANCE OF THE DEVELOPMENT PROPERTY Section 3.1. Current Status. of Develo ment Pro ert . The Developer represents that it has purchase options to acquire the Development Property. The parties intend that the City shall purchase the Development Property from the Developer for an amount equal to the Purchase Price and reconvey title and possession of the Development Property to the Developer for an amount equal to the Repurchase Price, all pursuant to the terms and provisions of Sections 3.2 and 3.3 of this Agreement. Section 3.2. Purchase of the Development Property b~• (1) Subject to the Developer's satisfaction of the conditions set forth in subsection (2) below, the City will purchase the Development Property from the Developer for the sum of $275.000, which sum is the Purchase Price. The Developer shall deliver title to the Development Property to the City by the Developer Conveyance Deed. The City shall purchase the Development Property from the Developer as provided herein, in consideration of the covenants of the Developer to cause the Development Property to be developed in accordance with the provisions of this Agreement and the Development Program, and as an inducement to the Developer to cause the Site improvements to be constructed thereon and cause the Minimum Improvements to be constructed thereon after the purchase date as provided herein. The purchase and conveyance of the Development Property is intended to reduce the cost of acquisition and improvement of the Development Property to the Developer. An amount of money equal to the Purchase Price shall be deposited with First Trust National Association, {the "Trustee") as Trustee under that certain Indenture of Trust dated as of ,Tu1y 1, 1989 between the City and the Trustee {the "Indenture") on the date of closing of the Multifamily Housing Revenue Bonds, Series 1989 (Cottages of Maplewood Project - FHA Insured Mortgage Loan). The Purchase Price shall be disbursed by the trustee on behalf of the City as provided in the Indenture. {2} The City's obligations to purchase the Development Property from the Developer shall be subject to satisfaction of the following conditions precedent: 11 _ (a} The Developer shall be in material compliance _. with all the terms and provisions of this Agreement; (b} The Developer shall have submitted to the City Construction Plans for the Project, and such Construction Plans shall have been approved by the City pursuant to Section 4.2 of this Agreement; (c} The Developer shall furnish the City evidence, in a farm satisfactory to the City such as a letter of commitment from a bank or other lending institution, that the Developer has firm commitments for construction or acquisition and permanent financing far the Project in an amount sufficient, together with equity commitments, to complete the Project in conformance with the Construction Plans, or the City shall receive such other evidence of financial ability as in the reasonable judgment of the City is required; (d} Execution and recording of an Assessment Agreement by the City, the County and the Developer pursuant to Section 6.1 of this Agreement; (e} Delivery to the City of a guaranty from Rekstad Resources, Inc. and Howard~L. Rekstad in the form attached hereto as Exhibit H, to assure performance of the Developer's obligations under this Agreement; (f} Issuance of the Bonds and satisfaction of the conditions set forth in Section 7.2 of this Agreement; and (g} Receipt of an opinion of counsel to the Developer in the form attached hereto as Exhibit I. Section 3.3. Reconve once and Re urchase of the Development- ProQert~. Subsequent to the purchase of the Development Property by the City, the City shall immediately reconvey title and possession of the Development Property to the Developer under the Development Property Deed in substantially the form attached hereto as Exhibit E-2, for the sum of $1.00 payable on the Closing Date (the "Repurchase Price"}. Unless the Developer and the City shall otherwise agree, the reconveyance shall occur on the Closing Date for the purchase by the City of the Development Property. After the conveyance of the Development Property, the Developer's use of the Development Property shall be subject to all of the 12 conditions, covenants, restrictions and limitations imposed by _ this Agreement and the Development Property Deed. After the conveyance of title to the Development Property, the Developer's use of the Development Property shall also be subject to the Permitted Encumbrances and building and zoning laws and ordinances and all other local, state and federal laws and regulations. Unless otherwise mutually agreed by the City and the Developer, the execution and delivery of all deeds required by this 5ectian 3.3 and by Section 3.2 of this Agreement shall be made at the principal office of the City. The Developer Conveyance Deed and Development Property Deed shall be in recordable form but shall not be recorded unless mutually agreed by the City and the Developer. The Developer shall also pay at closing all costs (including, without limitation, legal fees) incurred by the City for preparation of the Developer Conveyance Deed and Development Property Deed or otherwise in connection with the application of the terms of this Agreement to its purchase of the Development Property pursuant to the Developer Conveyance Deed and its sale of the Development Property pursuant to such Development Property Deed. Section 3.4. Purchase Price and Repurchase Price. The Purchase Price and, hence, the Repurchase Price have been calculated without regard to the value of any Minimum Improvements which will, as a result of this Agreement, be undertaken by the Developer. 13 Section 4.1. Construction of Minimum Improvements. The Developer agrees that it will cause~the~~~M~nimum Improvements on the Development Property to be constructed in conformance with the approved Construction Plans. The Developer agrees that the scope and scale of the Minimum Improvements to be constructed shall not be significantly less than the scope and scale of the Minimum Improvements as detailed and outlined in the Construction Plans. Section 4.2. Construction Plans.. The Developer shall cause Construction Plans to be provided to the City which shall be subject to approval by the City as provided in this Section 4.2. The Construction Plans shall provide for the Minimum Improvements to be constructed on the Development Property, and shall be in conformity with the Development Program, this Agreement, and all applicable state and local laws and regulations. The City shall approve the Construction Plans in writing if: (a} the Construction Plans conform to the terms and conditions of this Agreement; (b) the Construction Plans conform to the terms and conditions of the Development Program.; {c) to the best of .the City`s knowledge, the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit requirements; (d) the Construction Plans are adequate far purposes of this Agreement to provide fox the construction of the Minimum Improvements; and {e} no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Construction Plans pursuant to this Section 4.2 shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. Notwithstanding the foregoing, the issuance of a building permit shall constitute approval of the Construction Plans. The Construction Plans must be rejected in writing by the City within fifteen {15) days of submission or shall be deemed to have been approved by the City. If the City rejects the Construction Plans in whole or in part, the Developer shall 14 submit new or corrected Construction Plans within thirty (30) - days after receipt by the Developer of written notification of the rejection, accompanied by a written statement of the City specifying the respects in which the Construction Flans sub- mitted by the Developer fail to conform to the requirements of this Section 4.2. The provisions of this Section 4.2 relating to approval, rejection and resubmission of corrected Construc- tion Plans shall continue to apply until the Construction Plans have been approved by the City; provided, however, that in any event the Developer shall submit Construction Plans which are approved prior to commencement of construction of the Minimum Improvements. Approval of the Construction Plans by the City shall not relieve the Developer of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Construction Plans by the City be deemed to constitute a waiver of any Event of Default. If the Developer desires to make any material change in the Construction Plans after their approval by the City, the Developer shall submit the proposed change to the City for its approval. If the Construction Plans, as modified by the proposed change, conform to the approval criteria listed in this Section 4.2 with respect to the original Construction Plans and do not constitute a material modification to the scope, size or use of the Project or to the site plan therefor, the City shall approve the proposed change. Such change in the Construction Plans shall be deemed approved by the City unless rejected in writing within ten {10) days by the City with a statement of the City's reasons for such rejection. Approval of Construction Plans hereunder is solely for purposes of this Agreement, and shall not constitute approval for any other City purpose nor subject the City to any liability for the Project as constructed. Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays, the Developer shall cause construction of the Minimum Improvements to be commenced (i) by August 1, 1989, or (ii) on such other date as the parties shall-mutually agree in writing. Subject to Unavoidable Delays, the Developer shall have substantially completed the Minimum Improvements by December 31, 1989 so that the Assessor's Minimum Market Value as of January 2, 1990 will be $1,800,000. Time lost as a result of Unavoidable Delays shall be added to extend this date beyond December 3I, 15 1969. a number of days equal to the number of days lost as a result of Unavoidable Delays. However, an extension of the completion of the Minimum Improvements shall not affect the Assessor's Minimum Market value. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the Development Property shall be in conformity with the Construction Flans as submitted by the Developer and approved by the City. The Developer agrees for itself, and every successor in interest to the Development Property, or any part thereof, that the Development Property Deed shall contain covenants on the part of the Developer and such successors and assigns, that the Developer, and such Successors and assigns, shall cause to be promptly begun and diligently prosecuted to completion construction of the Minimum Improvements thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 4.3. It is intended and agreed, and the Development Property Deed shall so expressly provide, that such agreements and covenants shall be covenants running with the land and that they shall,. in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Agreement, be, to the fullest extent permitted at law and in equity, binding for the benefit of the City and enforceable by the City against the Developer and its successors and assigns. Subsequent to reconveyance of the Development Property to the Developer, and until construction of the Minimum Improvements has been completed, the Developer shall make reports to the City, in such detail and at such times as may reasonably be requested by the City, as to the actual progress of the Developer with respect to construction of the Minimum Improvements. The Developer agrees that it shall permit designated representatives of the City to enter upon the Development Property during normal business hours during the construction of the Minimum Improvements to inspect such construction. Section 4.4. Site Improvements. The Developer shall cause the Site Improvements to be completed on the Development Project. 16 ARTICLE V INSURANCE AND CONDEMNATION Section 5.1. Insurance. {a) The Developer will provide and maintain or cause to be maintained at all times during the process of constructing the Minimum Improvements (and, from time to time at the request of the City, furnish the City with proof of payment of premiums on): {i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis"' in an amount equal to one hundred percent (100~s) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy; the interest of the City shall be protected in accordance with a clause in form and Content satisfactory to the City; {ii) Comprehensive general liability insurance {including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with - limits against bodily injury and property damage of not less than $500,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used); and {iii} Worker's compensation insurance, with statutory coverage. {b) Upon completion Improvements and prior to Developer shall maintain, its Gost and expense, and request of the City shall premiums on, insurance as of construction of the Minimum the Termination Date, the or cause to be maintained, at from time to time at the furnish proof of the payment of follows: {i} Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses, including {without limiting the generality of the foregoing) fire, extended coverage, vandalism and malicious 17 mischief, explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Minimum Improvements, but any such policy may have a deductible amount of not more than $50,000. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" shall mean the actual replacement cost of the Minimum,Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items} and equipment, and shall be determined from time to time at the request of the City, but not more frequently than once every three years, by an insurance consultant or insurer selected and paid for by the Developer and approved by the City. All policies evidencing insurance required by this subparagraph (i) with respect to the Minimum Improvements shall be carried in the names of the Developer, the City and the holder of the first Mortgage, as their respective interests may appear. (ii} Comprehensive general public liability insurance, including personal injury liability for injuries to persons and~or property, including any injuries resulting from the operation of automobiles or other motorized vehicles on or about the Development Property, in the minimum amount for each occurrence and for each year of $1,000,000, and shall be endorsed to show the City as an additional insured. (iii) Such other insurance, including worker's compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may be self-insured with respect to all or any part of its liability for worker's compensation. (c} A11 insurance required in this Article V shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized 18 under the laws of the State to assume the risks covered thereby. The Developer will deposit annually with the City copies of policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to the Developer and the City at least thirty (30) days before the cancellation ar modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Developer shall furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V, ar that there is no necessity therefor under the terms hereof. Tn lieu of separate policies, the Developer may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which event the Developer shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (d) The Developer agrees to notify the City immediately in the case of damage exceeding $25,000 in amount to, or destruction of, the Minimum Improvements ar any portion thereof resulting from fire or other casualty. In the event that any such damage does not exceed $100,000, Net Proceeds of any such insurance shall be paid directly to the Developer, and the Developer will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or a.n improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. Net proceeds of any insurance relating to damage or destruction to the Minimum Improvements or any portion thereof as a result of fire or other casualty in an amount estimated to equal or exceed $100,000 shall be payable to a trustee jointly agreed upon by the Developer, the City and the balder of the First Mortgage (or in such other manner as may be agreeable to the City, 19 Developer and holder) and shall be subject to such _-~ disbursement provisions as shall be jointly agreed by the City, the Developer and the holder of the First Mortgage. In the event the Minimum Improvements or any portion thereof are destroyed by fire or other casualty and the damage or destruction is estimated to equal or exceed $25,000, then the Developer shall within ninety (90) days after such damage or destruction, commence to repair, reconstruct' and restore the damaged Minimum Improvements to substantially the same or improved condition or utility value as they existed prior to the event causing such damage ar destruction and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage or destruction received by the Developer from the City to the payment or reimbursement of the costs thereof. {e) The Developer shall complete the repair, recon- struction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Developer for such purposes are sufficient. After completion of such repairs, construction and restoration any unexpended Net Proceeds shall be disbursed by the City to the Developer. Section 5.2. Condemnation, In the event that title to and possession of the Minimum Improvements or any other material part thereof shall be taken in condemnation or by the exercise of the power of eminent domain by any governmental body or other person {except the City), so long as the Assessment Agreement shall remain in effect, the Developer shall, with reasonable promptness after such taking, notify the City as to the nature and extent of such taking. Section 5.3 Reconstruction or Payment. Upon receipt of any Condemnation Award or property insurance proceeds, the Developer shall use the entire Condemnation Award to reconstruct the Minimum Improvements (or, in the event only a part of Minimum Improvements have been taken, then to reconstruct such part) upon the Development Property or elsewhere within the Tax Increment District; provided, however, that the Developer may instead elect to pay to the City out of the Condemnation Award or property insurance proceeds, and to the extent any such Condemnation Award or property insurance proceeds are sufficient for such purpose either: {i) the present value of the sum of the real property 20 taxes which would have been assessed upon the development Property and the Minimum Improvements between the date of such condemnation and the Termination Date, such calculation to be based upon {A) the Assessor's Minimum Market Value specified in the Assessment Agreement, and (B) the then-effective tax capacity rate upon the date of such condemnation, such sum to be discounted to present value based upon (A) or receipt of said property insurance proceeds the number of years between the date of such condemnation and the Termination Date, and (B) the average interest rate on the Banda, or (ii) a sum sufficient to retire the Bands immediately, including any interest due. Section 5.4. Relationship to Mortgagee and Tax Increment Bonds. The provisions of Sections 5.1, 5.2 and 5.3 of this Agreement shall be subject to the subordination, modification and waiver provisions of Section 8.6 of this Agreement but shall otherwise remain in full force and effect with respect to the Developer's obligations to maintain insurance, notify the City of any casualty or condemnation and reconstruct the Minimum Improvements upon such casualty or condemnation unless provision is made to the satisfaction of the City for the payment or discharge of the Tax Increment Bonds and reimbursement of all other capital and administration costs incurred by the City in connection with the Project. 21 ARTICLE VI ASSESSMENT AGREEMENT AND OTHER COVENANTS Section 5.1. Execution of Assessment Agreement. The Developer shall agree to, and with the City shall execute, -prior to the purchase of the Development Property by the City or reconveyance thereof to the Developer, but as soon as the plans and specifications for the Minimum Improvements are prepared,~an Assessment Agreement pursuant to the provisions of Minnesota Statutes, Section 469.177, Subdivision 8, specifying the Assessor's Minimum Market Value for the Development Property and the Minimum Improvements for calculation of real property taxes. Specifically, the Developer shall agree to a market value for the Development Property and the Minimum Improvements which will result in a market value as of January 2, 1990, of not less than $1,800,000 (such minimum market value at the time applicable is herein referred to as the "Assessor's Minimum Market Value"}. Nothing in the Assessment Agreement shall limit the discretion of the assessor to assign a market value to the property in excess of such Assessor's Minimum Market Value nor prohibit the Developer from seeking through the exercise of legal or administrative remedies a reduction in such market value for property tax purposes, provided however, that the Developer shall not seek a reduction of such market value below the Assessor's Minimum Market Value in any year so long as the Assessment Agreement shall remain in effect. The Assessment Agreement shall remain in effect until December 31, 2009 (the "Termination Date"}. The Assessment Agreement shall be certified by the Assessor for the County as provided in Minnesota Statutes, Section 469.177, Subdivision 8, upon a finding by the Assessor that the Assessor's Minimum Market Value represents a reasonable estimate based upon the plans and specifications for the Minimum Improvements to be constructed on the Development Property and the market value previously assigned to the Development Property. Pursuant to Minnesota Statutes, Section 469,177, Subdivision 8, the Assessment Agreement shall be filed for record in the office of the county recorder or registrar of titles of Ramsey County, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the Development Property (or part thereof}, whether voluntary ox involuntary, and such Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, including the holder of the First Mortgage. 22 Section 5.2. Real FropertyTaxes. The Developer shall pay all real property taxes payable with respect to all and -_ any parts of the Development Property acquired and owned by it and pursuant to the provisions of the Assessment Agreement and any other statutory or contractual duty that shall accrue subsequent to the date of its acquisition of title to the Development Property {or part thereaf) and until the Developer's obligations have been assumed by any other person pursuant to the provisions of this Agreement ar title to the property is vested in another person. The Developer agrees that prior to the Termination Date: {a) It will not seek administrative review or judicial review of the applicability ar constitu- tionality of any tax statute relating to the taxation of real property contained on the Development Property determined by any tax official to be applicable to the Project yr the Developer or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; provided, however, that "tax statute" does not include any local ordinance or resolution levying a tax, and {b} It will not seek any tax deferral or abatement, either presently or prospectively authorized under Minnesota Statutes, Section 469.181, or any other State or federal law, of the taxation of real property contained in the Development Property between the date of execution of this Agreement and the Termination Date.. 23 ARTICLE VIZ TAX INCREMENT BONDS AND DEVELOPER PAYMENTS Section 7.1. Issuance of Tax Increment Bonds. The City agrees to exercise its best efforts to take all steps necessary to issue its Tax Increment Bonds .i_n an amount sufficient to finance the City's obligations to the beveloper hereunder, including the Land Write Down pursuant. to Article III hereof. The City shall exercise its best efforts to issue the Tax Increment Bonds at such time as shall, in the judgment of the City, be necessary and desirable to finance the Land Write Down, but in no event later than sixty (50} days after satisfaction of the preconditions to purchase of the Development Property as set forth in Section 3.2{2}(a) through (h) (unless extended by mutual consent of the Developer and the City). The obligation of the City to issue the Bonds shall be subject to the limitations provided in Section 7.2 of this Agreement. Section 7.2. Limitations on Financial Undertakin s of the City. Notwithstanding the provisions of Section 7.1, the City shall have no obligation to the Developer under this Agreement to issue the Tax Increment Bonds, if any of the following conditions exist: (i) The City is entitled under Section 1Q.02 of this Agreement to exercise any of the remedies set forth therein as a result of an Event of Default; {ii} There has been, or there occurs, a substantial change for the worse in the financial resources and ability of the Developer, or a substantial decrease in the financing commitments secured by the Developer for construction of the Minimum Improvements, which change(s) makes it substantially more likely, in the reasonable judgment of the City, that the Developer will be unable to fulfill its covenants and obligations under this Agreement; (iii) The Guaranty required by Section 7.4 of this Agreement has not been delivered to the City; and Section 7.3. Use of Tax Increments. To the extent Tax Increments are sufficient in any year to pay debt service on 24 the Bonds before the Maturity Date and without limitation after the Maturity Date, the City sha11 be free to use any Tax Increments for any purpose, consistent with any covenants made with respect to the Tax Increment Bonds, for which the Tax Increments may lawfully be used pursuant to the provisions of the Tax Increment Act or other provisions of law; and the City shall have no obligations to the Developer with respect to the use of Such increment. Section 7.4. Guaranty of Tax Increment Shortfall. The parties reasonably expect that the annual Tax Increments to be derived from the Development Property in any calendar year after 1989 and prior to the Maturity Date will exceed the minimum amount needed to pay when due all principal and interest maturing in that year on the Tax Increment Bonds. The Developer agrees that if for any reason such Tax Increments in any calendar year are less than $75,726 for each year prior to the Maturity Date, then the Developer shall pay, upon demand by the City, to the City the difference between the Tax Increment actually derived and $75,726. Prior to the issuance of the Bonds, the Developer shall deliver to the City a guaranty in the form attached hereto as Exhibit I fully executed by Rekstad Resources, Inc. and Howard L. Rekstad and guaranteeing performance of the Developer's obligations under this Agreement. 25 ARTICLE VIII MORTGAGE FINANCING Section 8.1. Limitation U on Encumbrance of Property. Subsequent to the Developer acquiring title to the Development Property and prior to the completion of the Minimum Improve- ments, as certified by the City, neither the Developer nor any successor in interest to the Development Property or any part thereof shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Development Property, other than Permitted Encumbrances, whether by express agreement or operation of law, or suffer any encumbrance ar lien to be made on or attach to the Development Property, other than Permitted Encumbrances, except: (a) for the purposes of obtaining funds only to the extent necessary for making the Minimum Improvements (including, but not limited to, labor and materials, equipment, professional fees, real estate taxes, special assessments, construction interest, organization and other indirect costs of development, casts of constructing the Minimum Improvements, an allowance for contingencies, costs of issuance of any bond or note issue to fund construction or acquisition of the Project, amounts required to fund any band or note reserves relating to construction or acquisition of the Project, and amounts required to fund any required escrow accounts}; and {b} only upon the prior written approval of the City in accordance with Sections 8.1 and 8.2 of this Agreement. The City shall not approve any Mortgage which does not contain terms that conform to the terms of Section 8.5 of this Agreement, except as provided in Section 8.6 of this Agreement. Section 8.2, Approval of Mortgage. The City shall approve a Mortgage if: {a} the City first receives a copy of all mortgage documents; 25 (b) the mortgage loan, together with other funds available to the Developer, will, in the reasonable judgment of the City, be sufficient to construct the Minimum Improvements; (c) the City is not entitled under Section 10.02 of this Agreement to exercise any of the remedies set forth therein as a result of an Event of Default; and (d) the City determines that the terms of the Mortgage conform to the terms of Section 8.~ of this Agreement. Section $.3. Notice of Default; Copy to Mortgagee. Whenever the City shall deliver any notice or demand to the Developer with respect to any breach or default by the Developer in its obligations or covenants under the Agreement prior to completion of the Minimum Improvements, the City shall at the same time forward a copy of such notice or demand to each holder of any Mortgage authorized by the Agreement at the Last address of such holder shown in the records of the City. Section 8.~. Mortgagee's Option to Cure Defaults. After any breach or default referred to in Section 8.3 of this Agreement, each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default {or such breach or default to the extent that it relates to the part of the Development Property covered by its mortgage) and to add the cost thereof to the Mortgage debt and the lien of its Mortgage; provided, however, that if the breach or default is with respect to construction of the Minimum Improvements, nothing contained in this Section or any other Section of this Agreement shall be deemed to require such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Minimum Improvements (beyond the extent necessary to conserve or protect Minimum Improvements or construction already made), provided that any such holder shall not devote the Development Property to a use inconsistent with the Development Program or this Agreement without the agreement of the City. Section 8.5. City's Option to Cure Default on Mortgage. Any Mortgage (other than the mortgage relating to construction financing) executed by the Developer with respect to the Development Property or any improvements thereon shall-provide 27 that, in the event that the Developer is in default. under any _ Mortgage authorized pursuant to this Article VIII, the holder of the Mortgage shall notify the City in writing af: (a} the fact of the default; {b} the elements of the default; and (c} the actions required to cure the default. If the default is an "Event of Default" under such Mortgage, which shall entitle Such holder thereof to foreclose upon the Development Property, the Minimum Improvements or any portion thereof, and any applicable grace periods have expired, the City shall have, and each Mortgage executed by the Developer with respect to the Development Property or any portion thereof or any improvements thereon shall provide that the City shall have, such an opportunity to cure the "Event of Default" within such reasonable time period as the holder shall deem appropriate. Section $.6. Subordination and Modification for the Benefit of Mortgagees. (a) In order to facilitate the obtaining of financing for the construction or purchase of the Minimum Improvements by the Developer, the City agrees to subordinate its rights under the Development Property Deed and this Agreement to the holder of the First Mortgage for the purposes described in Section $.1{a} of this Agreement, but only provided that the First Mortgage provides that if the holder of the First Mortgage shall foreclose on the Development Property, the improvements thereon, or any portion thereof, or. accept a deed to the Development Property in lieu of foreclosure, it shall consent to the Assessor's Minimum Mazket Value set forth in the Assessment Agreement. (b} In order to facilitate the obtaining of financing for the construction of the Minimum Improvements, the City agrees that it shall agree to any reasonable modification of this Article VIII or waiver of its rights hereunder to accommodate the interests of the holder of the First Mortgage, provided, however, that the City determines, in its reasonable judgment, that any such modifications} will adequately protect the legitimate interests and security of the City with respect to the Project and the Development Program. The City also agrees to consider such modification(s) of this Article VIII with respect t:o other holders, and to agree to such 2$ modifications if the City deems such modification(s) necessary and reasonable. Section $.7. Approval of HUD Mortgage. The execution of this Agreement shall constitute approval of the HUD Mortgage for purposes of Section $.2. Section $.$. Conflict With Federal Housing Administra- tion Documents and Requlations. To the extent that any provision of this Agreement shall be in conflict with the provisions of the regulatory agreement, the mortgage, the mortgage note, all executed in favor of the Federal Housing Administration, the National Housing Act, as amended, HUD Regulations and the contract of mortgage insurance, the latter agreements, documents, National Housing Act, regulations and contract shall prevail and govern. The parties agree to amend this Agreement as may be necessary or required by HUD to conform this instrument to the above-cited agreements, National Housing Act, regulations and contract of mortgage insurance. 29 ARTICLE IX PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER; INDEMNIFICATION Section 9.1. Status of Developers Transfer of Substantially All Assets. As security for the obligations of the Developer under this Agreement, the Developer represents and agrees that prior to the Termination Date, the Developer will maintain its existence as a limited partnership and will not wind up or otherwise dispose of all or substantially all of its assets, provided that the Developer may sell or otherwise transfer to a partnership or corporation organized under the laws of one of the United States, or an individual, all or substantially all of its assets as an entirety and thereafter wind up and be discharged from liability hereunder if the transferee partnership, corporation or individual assumes in writing all of the obligations of the Developer wider this Agreement and the Assessment Agreement. Section 9.2. Prohibition Against Transfer of Property and Assignment of Agreement. The Developer represents and agrees that prior to the Termination Date: (a) Subject to Article VIII of this Agreement, except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Development Property, or any part thereof, to perform its obligations with respect to making the Minimum Improvements under this Agreement, and any other purpose authorized by this Agreement, the Developer has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease other than in the normal course of business, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Development Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City. (b} The City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such approval that: 30 {i} Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer. (ii} Any proposed transferee, by instrument in writing satisfactory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, has expressly assumed all of the obligations of the Developer under this Agreement and agreed to be subject to all the conditions and restrictions to which the Developer is subject {unless the Developer agrees to continue to fulfill those obligations, in which case the preceding provisions of this Section 9.2(b}(ii) shall not apply}; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Development Property, or any part thereof, shall not, far whatever reason, have assumed such obligations or so agreed, and shall not {unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the City} deprive the City of any rights or remedies or controls with respect to the Development Property or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to ,the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Development Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive ar limit the City of or with respect to any rights or remedies or controls pravided in or resulting from this Agreement with respect to the Minimum Improvements that the City would have had, had there been no such transfer or change. In the 31 absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. (iii} There shall be submitted to the City far review and prior written approval all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Development Property governed by this Article IX. The City shall review such instruments and documents without unreasonable delay and if the City approves such transfer shall release the Developer from this Agreement. Section 9.3. Release and Indemnification Covenants. (a) Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the indemnified parties, the Developer releases the City and the governing body members, officers; agents, servants and employees thereof (hereinafter, for purposes of this Section 9.3, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project. (b) Except for any willful misrepresentation or any willful or wanton misconduct ar any unlawful act of the indemnified parties, the Developer agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising (i) from any violation of any agreement or condition of this Agreement {except .with respect to any suit, action, demand or other proceeding brought by the Developer against the City to enforce its rights under this Agreement} or (ii) the acquisition, construction, installation, ownership, and operation of the Project or (iii) any hazardous substance located in or on the Development Property. 32 - (c} The indemnified parties shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be about the Project due to any act of negligence of any person, other than any act of negligence on the part of any such indemnified party or its officers, agents, servants or employees. {d} All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City, respectively, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. , (e} The provisions of this Section 9.3 shall survive the termination of this Agreement. Section 9.4. Approvals. Any approval of a transfer of interest in the Developer, this Agreement, or the Development Property required to be given by the City under this Article IX may be denied only in the event that the City reasonably determines that the ability of the Developer to perform its obligations under this Agreement and its statutory duty, as owner, to pay ad valorem real property taxes assessed with respect to the Development Property, or the overall financial security provided to the City under the terms of this Agreement, or the likelihood of the Minimum improvements being successfully constructed and operated pursuant to the terms of this Agreement, will be materially impaired by the action for which approval is sought. Section 9.5. Transfer and City Payment. In the event that the Developer transfers the Development Froperty in accordance with the provisions of Section 9.2, the Developer shall pay to the City simultaneously with such transfer an amount calculated as follows: From the net sale proceeds (the amount of the sale proceeds remaining after deduction of all expenses of sale, including but not limited to, sales commission, deed taxes, filing fees, attorneys fees and other like expenses}, the City shall be entitled to receive 50~ thereof in excess,- if any, of the appreciated value of the property (determined by compounding the base price of $3,389,357 five percent annually) up to a maximum amount of $275,000 as set forth in the fallowing schedule: 33 YEAR OF SALE APPRECIATED PROPERTY VALUE 0-1 1-2 2-3 3-4 4-5 5-6 6-7 7-8 8-9 9-10 10-11- 11-12 12-13 13-14 14-15 15-16 16-17 17-18 1$-19 19-20 20-21 21-22 22-23 23-24 24-25 25 and thereafter $ 3,558,825 3,735,766 3,923,604 4,119,785 4,325,774 4,742,063 4,769,166 5,007,624 5,258,005 5,520,905 5,796,951 fi, 08fi, 798 5,391,138 5,710,595 7,045,230 7,398,541 7,768,468 8,156,982 8,564,736 8,992,973 9,442,fi22 9,914,753 10,410,491 10,931,015 11,477,566 Prior year value compounded by 5~ For the purposes of this subsection, the date for calculating the commencement of the first year in the foregoing schedule shall be the Closing Date. Each following year shall commence on the anniversary of the Closing Date. The City shall not be entitled to any further payment for any subsequent transfer of the Development Property. The provisions of this Section 9.5 shall survive the termination of this Agreement. 34 ARTICLE X EVENTS OF DEFAULT Section 10.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: (~a) Failure by the Developer to timely pay pursuant to Article VI of this Agreement all ad valorem real property taxes assessed with respect to the Development Property, or to pay any shortfall in Tax Increments derived from the Development Property as required by Section 7.4 of this Agreement. (b) Failure by the Developer to cause the construction of the Minimum Improvements to be commenced and completed pursuant to the terms, conditions and limitations of Article TV of this Agreement. (c) Failure by the Developer to cause the Minimum Improvements to be reconstructed when required pursuant to Article V of this Agreement. (d) Transfer of any interest in the Developer or the Project in violation of the provisions of Article TX of this Agreement. (e) Failure by the Developer to substantially observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. (f} The holder of any Mortgage on the Development Property, or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable Mortgage documents, (g) The Developer shall {A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the 35 United States Bankruptcy Act of 197$, as amended, or under any similar federal or state law; or (B) make an assignment for the benefit of its creditors; or (C} admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjucation of the Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be,discharged or denied within ninety (90} days after the filing thereof; or a receiver, trustee or liquidator of the Developer or of the Project, or part thereof, shall be appointed in any proceeding brought against the Developer, and shall not be discharged within ninety (90) days after such appointment, or if the Developer shall consent to or acquiesce in such appointment. (h} Failure of the guarantors to pay any sums due and awing under the Guaranty. Section 10.2. Remedies on Default. Whenever any Event of Default referred to in Section 10.1 of this Agreement occurs and is continuing, the City, as specified below, may take any one or more of the following actions after (except in the case of an Event of Default under subsection {g} or {h} of said Section 10.1) the giving of thirty (30) days` written notice by the City to the Developer and the holder of the First Mortgage of the Event of Default, but only if the Event of Default has not been-cured within said thirty (34} days, or if the Event of Default cannot be cured within thirty (30) days and the Developer does not provide assurances to the City reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: (a) The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement. 35 _ (b) If prior to purchase of the Development _ Property by the City, the City may cancel and rescind this Agreement. (c) The City may draw upon any guarantee or security provided to the City pursuant to any of the terms of this Agreement according to its terms. ~(d) The City may take any action, including legal or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 10.3. No Remed Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 10.4. No Implied Waiver. In the event any. agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall nat be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 10.5. Agreement to Pav Attorney's Fees and Expenses. whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. 37 Section 11.1. Restrictions on Use. The Developer agrees for itself, its successors and assigns and every successor in interest to the Development Property, or any part thereof, that the Developer and such successors and assigns shall devote the Development Property to, and in accordance with, the uses specified in this Agreement. Section 11.2. Conflicts of Interest. No member of the governing body or other official of the City shall. have any financial interest, direct or indirect, in this Agreement, the Development Property or the Minimum Improvements, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to the Agreement which affects his or her personal interests yr the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the City shall be personally liable to the City in the .event of any default or breach by the Developer or successor or on any obligations under the terms of this Agreement: Section i1.3. Provisions Not Merged With Deed. None of the provisions of this Agreement shall be merged by reason of any deed transferring any interest in the Development Property or any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 11.4. Titles of Articles and Sections. Any titles of the several parts, articles and sections of the Agreement are .inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 11.5. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other .shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) in the case of the Developer, is addressed to ar delivered personally to the Developer at: 38 Cottages of Maplewood Limited Partnership c/o Howard Rekstad 5395 N. Lexington Shoreview, MN 55125 (b} in the case of the City, is addressed to or delivered personally to the City at: City of Maplewood 1830 East County Road B Maplewood, MN 55109 (c} in the case of the holder of the First Mortgage, is addressed or delivered personally to the address supplied; or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. Section 11,6. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 11.7. Modification. If the Developer is requested by the holder of a Mortgage or by a prospective holder of a prospective Mortgage to amend or supplement this Agreement in any manner whatsoever, the City will, in good faith, consider the request with a view to granting the same unless the City, in its reasonable judgment, concludes that such modification is not in the public interest, or will significantly and undesirably weaken the financial security provided to the interests of the City by the terms and provisions of this Agreement. Section 11.8, Law Governing. This Agreement will be governed and construed in accordance with the laws of the State. Section 11,9. Legal Opinions. Upon Agreement, each party shall, upon request supply the other party with an opinion of the effect that this Agreement is legally by, and valid and binding upon, such part: accordance with its terms. execution of this of the other party, its legal counsel to issued or executed Y- and enforceable in 39 Section 11.10. City Approvals. Any approval, execution - of documents, or other action to be taken by the City pursuant to this Agreement, for the purpose of carrying out the terms of this Agreement or for the purpose of determining sufficient performance by the Develaper under this Agreement, may be made, executed or taken by the Mayor and City Manager without further approval by the City Council. The City Manager may, but shall not be required ta, consult with other City staff with respect to such matters. Section 11.11. Termination. This Agreement shall remain in effect until the earlier of the Termination Date ar the date the Bonds have been paid in full. The City shall, if requested by the Developer, execute and deliver to the Develaper a document (in recordable form) stating that the Bonds have been paid in full. 40 ARTICLE XII COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS Section 12.1. Nondiscrimination. (a) General. The Developer shall comply with all federal, state and local laws prohibiting discrimination on the basis of age, sex, marital status, race creed, color, national origin or the presence of any sensory, mental or physical handicap or any other basis now or hereafter prohibited by law. These requirements are specified in Section 109 of the Housing and Community Development Act of 1974; Civil Rights Act of 1964; Title VI; Civil Rights Act of 1966; Title VIII; Executive Order 11063. These requirements are summarized in the following paragraphs: (b} Pro ram Benefit. The Developer shall not discriminate against any resident of the Project on the basis of race, color, sex ar national origin. (Civil Rights Act of 1964, Title VI: Civil Rights Act of 1968, Development Act of 1974); (c) Eair Housing. The Developer shall take necessary and appropriate actions to prevent discrimina- tion in federal assisted housing and lending practices related to loans insured or guaranteed by the federal government. (Civil Rights Act of 196$, Title VII; Executive Order 11053}; (d} Notice. In advertising for employees, goods or services for activities under this Agreement, the Developer shall utilize minority publications in addition to publications of general circulation; Section 12.2. Architectural Barriers. The Minimum Improvements shall comply with design requirements of the Architectural Barriers Act of 1958 (42 USC section 4151}. Section 12.3. Lead-Based Paint Poisoning. The Developer shall comply with-the HUD Lead-Based Paint Regulations (24 CFR pt. 35) issued pursuant to the Lead-Based Poisoning Prevention Act (42 USC sections 4831 et se .) requiring prohibition of the use of lead-based paint (whenever funds under this Agreement are used directly or indirectly for construction, rehabilitation or Modernization of residential structures); 41 elimination of immediate lead-based paint hazards in residential structures; and notification of the hazards of lead-based paint poisoning to purchasers and tenants of residential structures constructed prior to 1950. Section 12.4. Public Information. The Developer shall comply with the following: (a} In all news releases and other public notices related to the Project, the Developer shall include information identifying the source of funds as the Ramsey County Development Block Grant Program; and (b) If the Developer determines tv erect a sign on the Development Property such sign shall conform to Ramsey County specifications relating to CDBG funded projects, Section 12.5. Records. If requested by the City, the Developer shall provide the City with the information requested by the City so that the City can comply with the requirements of the Block Grant Agreement. Section 12.6. Rental Requirements. The Developer shall execute a Declaration of Restrictive Covenants dated as of July 1, 19$9 and shall comply with Section 5 relating to the rental requirements required by the Block Grant Agreement. Section 12.7. Re a ent of Communit Devela ment Block Grant. In the event that the City is required tv repay the Community Development Block Grant the Developer shall, upon demand of the City, pay the City the sum of $252,500 or such lesser sum as the City is required to pay. 42 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and on its behalf and its seal to _ be hereunto duly affixed, and the Developer has caused this Agreement to be duly executed in its name and on its behalf, ' on or as of the date first above written. CITY OF MAPLEWOOD, MINNESOTA _k _ ~ -~ ~~~ `~ .. j. s ayor _~ .f/ ~l~~`/ ~rt I s Manager (SEAL) This is a signature page to the Development Agreement by and between the City of Maplewood, Minnesota and Cottages of Maplewood Limited Partnership. 43 COTTAGES OF MAPLEWQOD LIMITED PARTNERSHIP By Rekstad ~tesaurces, Inc., A general partner- is u25 2 This is a signature page to the bevelopment Agreement by and between the City of Maplewrood, Minnesota and Cottages of Maplewood Limited Partnership. 44 STATE OF MINNESOTA) ~S S5 COUNTY OF ~!~~~ ) his instrument w s ~ack~-o edged before qn~ !~~ ~_ ~ ~~ , 19 8 9 , by ~ ~ G v u~ and ~ ~ ~~ ~ 'vim C {,~i ~~' as he Mayor and City Manager, respectively, o the City of Maplewood, Minnesota, a municipal corporation and political subdivision organized and existing under the Constitution and Taws of the State of Minnesnta. This is a signature page to the Development Agreement by and between the City of Maplewood, Minnesota and Cottages of Maplewood Limited Partnership. 45 TODD d. {iAQEN ~bMRy Pible' 3~nMY Cou~Y~ bra. ),y Dortr~irlort F,~ko~ Dac. t B, 139a STATE OF MINNESOTA) ): ss COUNTY OF ~ ~~ ) T instrument w acknowled ed before me U ~~ 19 8 9 , by ~v~.~, ~. L. -- ~~~~c ~-r~ ~ . the Ue ' . of Rekstad Resources, Inc., a general pa tner of Cottages of Maplewood Limitted Partnership, a Minnesota limited partnership. Nota y" Pu 1 TODD J. HAGEiJ ~c~+*a~s.,~ This is a signature page to the Development Agreement by and between the City of Maplewood, Minnesota and Cottages of Maplewood Limited Partnership. 46 EXHIBIT A ^escription of Development District Cn file in the office of the City Manager EXHIBIT B Description of Tax zncrernent Financing District PARKA Tract C Registered land Survey Number 463, Ramsey County, Minnesota. (P.egi.scered) PARCCL Ti That part oL the Iallowing described tract lying Sautlti of the centarlino o£ l~laodlynn Avenue, and subject to said avenue easamai~t, in Ramsey County, Minnesota, except the Last 2G3.b3 £cet thexeof: Sub,jcct [o easanynts, a parcel oi: Iand s~.tuated ~.n tha Northwest onc-qunrtcr oL the Northeast one-cs:arter of 5ect~.ott 2, Township 29, Rangy 22, morn pnrCicular- ly dcscribed'es >:ollows: Cozmcncing o,t n point 33 £cet South of tha Northeast carnet a!' sa~,d Northwest one-quarter of the Norti~east onc-quarter a£ SeCti4n 2, thence running southQrly along the ];ast line a£ sa~.d Northwest one-qunr[er of the Northeast onc-qunrtcr, Section 2, A c]igtnslcC o£ 1268.3 meat to poink; thence runrsing wosterly lnct parallcJ, witfl the South l~.ne oL• said northwest ono-quarccr of the Northeast c:tc-quarter o£ Section 2, a distar.ee o£ 527.12 £ee[. to a point; thence running northerly and parallel with the T:'cst line oP 9aid Northeest one- • quarter o£ the ;iortheast one-qua: ter oL Section 2, n distanca o.f; I.292.7t~ feet to the southerly boundary o£ Cou^.ty ~xaad "D", c~tioncc running easterly along t31c aoutlticrly boundary o~ County Roast "D" a distance o>:527.26 £cet to the point of bc63,nning containing in .all. lG cores, mare or less (Abstract) " PARCEL C, ' Tl1ct part of the rollori{nb described tYect lying South o£ the centerline oL•Woac~lynn Avenue, and subject to s.id avenue easc:~ent, in Rflmsey County, Minnesota: The Souti~ ~ aC the bast 263.G3 iect of the Zti'ortit 1325,7.4 Icet oL• tltc Northwest ~ ~01' the ~+ortheast y of 5ect,ion 2, Township 29, Range 22, subject to easements of record. (Abstract) rA>7crz, >~ , That East 24 £eeC of tha South 55.b0 £eet at the North 1321.30 feet oi• tho Esst zG3.b34 £ceC of the Wcst 790,9G`2 Ccet o£ the Northeast quarter of Scccion -2, To`as~ship .2 ;', Range 2Z, Ramsey County, Minnesota. (Registered} 516K EXHIBIT C ASSESSMENT AGREEMENT THIS AGREEMENT, dated as of this 1st day of July, 1989, by and among the City of Maplewood (the "City"), Cottages of Maplewood Limited Partnership (the "Developer"), and the Assessor for Ramsey County (the "Assessor"}: WITNESSETH WHEREAS, on or before the date hereof the City and Developer have entered into a Development Agreement dated as o f ,Tuly 1, 19 $ 9 ( the "Agreement " } , regarding certain real property located in the City (the "Development Property") which property is legally described on Exhibit A attached hereto and hereby made a part hereof; WHEREAS, it is contemplated that pursuant to said Agree- ment, the Developer will undertake the development. of a 59 unit senior citizen facility and related improvements {the "Project") on the Development Property; WHEREAS, the City and Developer desire to establish a minimum market value far the portion of the Development Property and the improvements constructed or to be constructed thereon, pursuant to Minnesota Statutes, Section 469,177, Subdivision 8; WHEREAS, the City and the Assessor have reviewed plans and specifications far the Project: NOW, THEREFORE, the parties to this Agreement, in consid- eration of the promises, covenants and agreements made by each. to the other, do hereby agree as follows: 1. Upon substantial completion of the Project, the minimum market value which shall be assessed for the Project shall be not less than one million eight hundred thousand dollars ($1,800,000). The parties to this Agreement expect that the construction of part of the Project will be completed on or before December 31, 1989. 2. The minimum market value herein established shall be of no further force and effect and this Agreement shall ter- minate on December 31, 2009. C 1 3. This Agreement shall be promptly recorded by the Developer along with a copy of Minnesota Statutes, Section 4b9.177, Subdivision 8, attached as Exhibit B and hereby made a part hereof, with the County Recorder of Ramsey County, Minnesota. The Developer shall pay all costs of recording. 4. The Assessor represents that he has reviewed the plans and specifications for the improvements and the market value previously assigned to the land upon which the improvements are to be constructed, and that the "minimum market value" as set forth above is reasonable. 5. Neither the preamble nor provisions of this Agree- ment are intended to modify, or shall they be construed as modifying, the terms of the Agreement between the City and the Developer. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. IN WITNESS WHEREOF, the City, the Developer and the Assessor have caused this Agreement to be executed in their names and on their behalf all as of the date set forth above. THE CITY OF MAPLEWOOD, MINNESOTA (SEAL} By Its Mayor By Its City Manager Signature page for Assessment Agreement by and among the City of Maplewood, Minnesota, Cottages of Maplewood Limited Partnership and the Assessor for Ramsey County. C 2 COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP By Rekstad Resources, Inc., A general partner By Its Signature page for Assessment Agreement by and among the City of Maplewood, Minnesota, Cottages of Maplewood Limited Partnership and the Assessor for Ramsey County. C 3 CERTIFICATION BY COUNTY ASSESSOR The undersigned, having reviewed the plans and specifica- tions far the improvements to be constructed and the marketvalue assigned to the land upon which the improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the above described property, hereby certifies that the market value assigned to such land and improvements upon completion of the improvements to be constructed thereon sha11 not be less than $1,800,000. County Assessor for Ramsey County STATE OF MINNESOTA ) SS COUNTY OF ) This instrument was 19 8 9 , .by of Ramsey County. acknowledged before me on the County Assessor Notary Public Signature page for Assessment Agreement by and among the City of Maplewood, Minnesota, Cottages of Maplewood Limited Partnership and the Assessor for Ramsey County. C 4 STATE OF MINNESOTA ) ss. COUNTY OF ) This instrument was acknowledged be€ore me on 19$9, by the of Rekstad Resources, Inc., the general partner of Cottages of Maplewood Limited Partnership, a Minnesota limited partnership. Notary Public C 5 STATE OF MINNESOTA ) )ss, COUNTY QE ~ ) This instrument was acknowledged before me on 1989, by the Mayor and the City Manager of the City of Maplewood, Minnesota. Notary Public C 6 EX~iIBIT A TO ASSESSMENT AG}ZEI;MENT ' Legal Description City of Maplewood, County of Ramsey, State of Minnesota I' ARC A Tract C Registered Land Survey Number 453, Ramsey County, Minnesota. (Registered} PA1LC>rL a - Tltat part of tl:c tollo:~ing descrtbccl Cract lying Soutlti of Ilia centerline of 1~loodlynn Avenue, and subjeer to said avenue ensemc:lt, ~.n Rarnsey County, Minnesota, except the least z53.b3 £cet thcxeof: Subject to ensen~~nts, u parcel of land situated in the Northeast one-•qunrtcr of the Northeast aac-c,uarter oL' Sectiosl 2, Townshila 29, R.1n;a 22, more pnrCicular-- ly dcscribad'as follows: Commencing at n point 33 Ccet South of the Nortlicast corner o£ sa~.d Northwest one-huarter of Cl1e Northeast one-cjuarter o,E Section 2, thence running Southerly along the ]vast line ai• Rnid Northeest one-qunrter of the Northeast o:te-rlunrCer, Section 2, a distnncc o£ 1288.3 L•eat to poinC; thenco runnin8 westerly nett psrallc,L with the South lino oL• Enid Northwest one--quarter of the Northeast cne-gs~3rtor of 5eckio3~ 2, n distance of 527.7.2 ;Feet Co a point; Chence running northerly and parall=l with the rest line of sa~.d Nortl~wcst one- • c;uarter of the Nort;scast one-5r:srtar at Section 2, u distanca o£ 1292.7t~ fccC to • tlta soutllorly boundary of County }toad "A", thence runnistg easterly a3.ong tl1C souther7.y boundary o£ Cacsnky tzoad "D" n clistcnca oL527,2G ~tcet to the point c~ beginning conCaining in •all 1G acres, nsore or less. (Abstract) • 1:'AACE7:, C, illat part of the to~.louSng described tract lying South o£ the centerline of, ktoodlynn Avenue, and subject Co said rzvcnue easement, in Ramsey County, Minnesota; . The South } of the l=ast 2b3.G3 feet of the North ],325.74 Lcct of tlic Northwest } •,ot the Northeast of Secr<ion Z, iownsltip 29, Lange 22, su3ject to easements of record. (Abstract} 1'AItCFi, I} That Enst 20 feet ol• the South 55.b0 feet o£ the Nortlt 1327.,30 £ee•t of tho Gast 2G3.b34 feet oP the West 70.902 feet of the Northeast quartar of Section z, Tow;~ship,2;', Rariga 2z, Ramsey County, Minnesota. (Registered) C 7 EXHIBIT B TO ASSESSMENT AGREEMENT Minnesota Statutes, Section 469.177, Subdivision $ Subd. 8. Assessment aprccmrnts•.An authorit~• mav, upon cnlerirsg into a dc~clop• meat or redevelopment asreemrnt pursuant to section 69.176, suhdi~'ision ~. enter t:11~ a u'rittun asscssmcnt agi•ecmcnt in rccordahle form with the developer ar rede~'clopcr of propcny within the tax incrcmcnt financing district which establishes a minimum market value of the Land and completed impro~~rments to be constructed thereon omit a specified termination date, «~hich date shall hr not later than the date upon Wfiictt tax incrcmcnt Will no lonccr be remitted to the authorit}' pursuant to section -1E~9.1 "6. subdivision 3, The asscssmcnt agrecnlcnt shall be presented to the count.' assessor. or city assessor ha~•ins the powers of the count' assessor, of the jurisdiction in ~~~hich the tax increment financing district is located. The assessor shall rc~'icu' the plans and speci5cations for the impro~~ements to be constructed, rc~'ic~~• the market ~ attic prc~'i- ouslyassigned to the land upon ti~'hich the impro~'cments arc to be constructed and. so long as the minimum market value contained in the asscssmcnt atrecmcnt appears. in the judgment of the assessor, t4 be a rc:isonablc estimate, shalk execute the fa1;o~~ fine certification upon the agrecrne^t: The undersiened assessor, hcing lccall~' resransihle for the asscssmcnt of the abo~•e dcscrihed }~rnpcrt)~ upon completion of the in~pro•'cmcnts to he constructed thereon. hcrefi~• rcrtilics th::t the market value assiencd to the land and in»r~~•cments u, nn complcti~n shall not be less than 5........... . Upon transliroi tit[z of the: land tit t~~ ~iu~~ulul-'~d ur r«1~~~lt~p«i 1'rum the authur:t}• to the dc~•rlopur or r~d~~'~luper, thL assessment a~_rLrntL nt, together ~~•ith a cop>' ul this subdivision. shaif bu [i1c+i for reword an~# reeor~3rd in t!t.: otliuc of thu county recorder or fslcd in the ortcc of the rctiistr_r tit titles of rite county where the real ustatc or ~.:n}' part thereof is situatca. L;pe~n completion o1'thu im; ro~'entcnts h}' tl:c dus'rloPur or redeveloper. the assessor shall value the propert}' pursuant to section '_73.1 1, except that the market Value assigned thcr~to shall not be less than [he minimum market value contained in the asscssmcnt agreement. tiothing hcr~in shall limit thL ~liscrction ofthc asscssorto assign a market value to the prop~:rt}' in ex«ss ofthc minimum market value contained in the asscssmcnt agreement nor prohibit tl:~ dc~•clopcr or rccic~•clopcr from seeking, through tha exercise o1' administrati~'c and i~ga! r~m4dies, a rc~luction in market value for property tax purposes: provided, ho•~cvcr, that the dc~'clopcr or redeveloper shat! not seek, our shall the cit}• assessor, the county assessor, the coun:p auditor, any board of rcvit~~•. any board of equalization, the commissioner of revenue, or any court of this state grant a reduct'san of the market value below the minimum market value contained firs the asscssmcnt agreement during the term o1 the agrcemerit filed of record regardless of actual market Values which may result from incomplete constnsction of impro~•ements, destruction, or diminution by any cause, insured or uninsured, except in the cast of acquisition or reacquisition of the property by a public entity. Recording or (sling of an asscssmcnt agreement complying with the terms of this subdivision shall constitute notice of the agreement to any subsequent purchaser or encumbrancer of the land or any part thereof, whether ~~oluntary or involuntary, and shat! be binding upon them. History: l9S7 c ?91 s 1 'S C $ EXHIBIT D Legal Description of Development Property City of Maplewood, County o~ Ramsey, State of Minnesota PARS A ~'ract C Registered Land Survey Number 463, Ramsey County, Minnesota. (Registered) PARCEI; B Tltat Isart of the following describcc! tract lying South of the centerline ox ldoodlynn Avenue, and aubjocL` to said avenue easemci~t, in Ramsey County, Minnesota, except the Last 263.b3 feet thereof: Sub,~act to eascn~nts, a parcel of rand situated in the Northwest one--clunrter of the Northwest one--r,uarter of Section 2, Township 2g, l'~~nde 22, more particular-- ly dcscribed'aa follows, Commencing at n point 33 Poet South of the Nortltcnst Darner of said Northwest one--quarter of the northeast one-quarter of Section 2, thence running southerly along the last line of raid Northwest one-quarter oC the Nartlleast ane-quarter, Section 2, a distr.nca of 12$8.3 teat to point; tF~onec running westerly .end parallc.L with the South line of said 1<IvrtIswest arse-nuartcr of the Northeast cne-tluorter of Section 2, a distance of 527.12 feet to a point; thence running northerly and parallel witlz the T:ast line of said Narkhucst one- .quarter of the ;northeast one-~uartcr ai Soation 2, a distcnca o$ ~.292.7~~ feet to rho 9DUCl1G:ly bounc]ary of Cvunty Woad "A", =[-cncc running easterly along the souC)ticrly boundary of County rtond "B°` a distance of527,2G feet to tf~e point o1 beginning contais:ing in •c 11 1G acres, more nr less. (Abstract) . P~1RC>_L C • That part of the following cascriUed tract lying South of the centerline oL•Woodlynn Avenue, and subject to s_id avenue easenant, in Ramsey County, Minnesota: The Sout11 } of the East 263.G3 feet of tlse North 1325.74 Icet of tt~c Northwest } ~oL the northeast ~ of Section 2, Township 29, T{ange 22, sub,~ect to casements of record. (Abstract) PARCi~.I, D That lrc~st 20 feet of the South 55.64 feet oL the Nartlt 1321.30.feet of rho lsst zG3.534 feaC of tlse West 7JC.902 test of the Northeast quarter of Section 2, To',~~is~sip ,25, Range 2z, Ramsey County, Minnesota. (Registered) ExxzslT E-1 DEVELOPER CONVEYANCE DEED THIS INDENTURE between Cottages of Maplewood Limited Partnership, a Minnesota limited partnership, (the "Grantor"), and the City of Maplewood, Minnesota, a political subdivision created pursuant to the Constitution and the Laws of Minnesota (the "Grantee"}: WITNESSETH, that the Grantor in consideration of the sum of two hundred seventy-five thousand dollars ($275,000} and other good and valuable consideration, payable in accordance with the provisions of the Development Agreement (as hereinafter defined), does hereby grant, bargain, quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel of land lying and being in the County of Ramsey and State of Minnesota described on Exhibit A attached hereto (such tract or parcel of land is hereinafter referred to as the "Property"): To have and to hold the same, together with the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to the Grantee, its successors and assigns, forever, provided as follows: 1. It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions and provisions of an agreement entered into between the Grantor and Grantee as E1-1 of the 1st day of July, 19$9, entitled "Development Agreement" (hereinafter referred to as the "Agreement"). The Grantee shall reconvey this property to the Developer for the making of Minimum Improvements permitted by the .Agreement. 2. The Grantor represents and warrants that it has no knowledge of any hazardous substance located in or on the Property nvw or at the time right, title or interest in the property was first acquired by the Grantor. IN WTTNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf by a general partner this day of , 1989. COTTAGES OF MAPLEWOOD LIMTTED PARTNERSHIP By Rekstad Resources, Inc. A general partner By Its E 1-2 STATE OF MINNESOTA ) ): ss COUNTY OF ) This instrument was acknowledged before me on - 1989, by the Rekstad Resources, Inc., a general partner of Cottages of Maplewood Limited Partnership, a Minnesota limited partnership. Notary Public E1-3 1 EXHIBIT E-2 DEVELOPMENT PROPERTY DEED THIS INDENTURE between the City of Maplewood, Minnesota, a political subdivision created pursuant to the Constitution and the Laws of Minnesota (the "Grantor"), and Cottages of Maplewood Limited Partnership, a Minnesota limited partner- ship, (the "Grantee"): WITNESSETH, that Grantor in consideration of the sum of one dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant, bargain, quitclaim and convey to the Grantee, its successors and assigns forever, all the tract yr parcel of land lying and being in the County of Ramsey and State of Minnesota described on Exhibit A attached hereto (such tract or parcel of land is hereinafter referred to as the "Property"): To have and to hold the same, together with the heredita- ments and appurtenances thereunto belonging or in anywise appertaining, to the said Grantee, its successors and assigns, forever, provided as follows: 1. It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions and provisions of an agreement entered into between the Grantor and Grantee as of the Ist day of July, 1969, entitled "Development Agree- ment" (hereafter referred to as the "Agreement"). This E2-1 provision shall in no way prevent the Grantee from making transfers permitted by the Agreement or mortgaging this Property in order to obtain funds for the purchase of Property hereby conveyed and for erecting improvements thereon in conformity with the Agreement, any applicable redevelopment plan and applicable provisions of the zoning ordinances of the City of Maplewood, Minnesota. IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf by its Mayor and Manager and has caused its corporate seas to be hereunto affixed this day of (Seal} _, 198_. CITY OF MAPLEWOOD, MINNESOTA By Its Mayor By Its Manager ~z-~ STATE OF MLNNE50TA COUNTY OE' ss. } On this day of , 198_, before me personally appeared and to ms personally known who by me duly sworn did say that they are the Mayor and Manager of the C~.ty of Maplewood, Minnesota (the "City"}, named in the foregoing instrument; that the seal affixed to said instrument is the seal of said City; that said instrument was signed and sealed on behalf of said City pursuant to a resolution of its City Council; and said Mayor and Manager acknowledge said instrument to be the free act and deed of said City. Notary ~ublie _~:~-3 EXHIBIT F Permitted Encumbrances 1, Any law, ordinance or governmental regulation (including but nvt limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the Development Property, or use or enjoyment of the Development Property, or regulating the character, dimensions or location of any improvement now ar hereafter erected on the Development Property, or pro- hibiting a separation in ownership or a reduction in the dimensions or area of the Development Property, or the effect of any violation of any such iaw, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power. 3. Defects, liens, encumbrances, matters: (a) resulting in no Developer; and (b) attaching Article VI of the Development conveyance of the Development by the City. adverse claims or other loss ar damage to the ~r created pursuant to Agreement subsequent to the Property to the Developer 4. Any Mortgage approved or permitted under Section 8.2 of the Development Agreement and any liens and encumbrances permitted under the terms of said Mortgage. EXHISiT G Minimum improvements 59 unit senior citizen housing faciiity EXHIBIT H Form of Guaranty In order to induce the City of Maplewood, Minnesota (the "City"}, to issue its General Obligation Tax Increment Bonds, (the "Bonds"} some of the proceeds of which will be used to pay certain capital and administration expenses within Development District No. 1 which benefits Cottages of Maplewood Limited Partnership, a Minnesota limited partnership (the "Developer"}, the undersigned hereby unconditionally guarantee all obligations of the Developer under that certain Development Agreement between the City and the Developer, dated as of July i, 1969 (the "Development Agreement"}. No notice of any renewal, compromise or extension of the Development Agreement or of any modification in the terms of the same need to be given to the undersigned, who hereby consents to each of such acts. The undersigned hereby expressly waive presentment, demand, notice of nonpayment, protest and notice of protest on any obligation and also acceptance of this guaranty. The undersigned agree that possession of this instrument of guaranty by the City shall be conclusive evidence of due delivery hereof by the Undersigned. This Guaranty shall be construed according to the laws of the State of Minnesota, in which state it shall be performed by the undersigned. This Guaranty shall terminate when the Bonds have been paid in full or if a person assumes the obligations of the Developer under the Development Agreement and the Developer is discharged from its obligations pursuant to Article IX of the Development Agreement. -Dated as of this 1st day of July, 1989. REKSTAD, RESOURCES, INC. By Its Howard L. Rekstad EXHIBIT I Form of Legal Opinion of Developer's Counsel City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 Re: Development Agreement by and between the City of Maplewood, Minnesota, and Cottages of Maplewood Limited Partnership Gentlemen: As counsel for Cottages of Maplewood Limited Partnership, a Minnesota limited partnership (the "Company"), and in connection with the execution and delivery of a certain Development Agreement dated as of July 1, 1989 {the "Development Agreement") between the Company and the City of Maplewood, Minnesota {the "City"}, and a Guaranty dated as of July 1, 1989 (the "Guaranty") executed by Rekstad Resources, Inc. and Howard L. Rekstad, we hereby render the following opinion: We have examined the original certified copy, or copies otherwise identified to our satisfaction as being true copies, of the following: (a) The Partnership Agreement of the Company; {b} Resolution of the Company at which action was taken with respect to the transactions covered by this opinion; {c) The Development Agreement and the Guaranty; and such other documents and records as we have deemed relevant and necessary as a basis for the opinion set forth herein. Based on the pertinent law, the foregoing examination and such other inquiries as we have deemed appropriate, we are of the opinion that: I 1 __ 1. The Company has been duly organized and is validly existing as a limited partnership under the laws of the State of Minnesota and is qualified tv do business in the State of Minnesota. The Company has full power and authority to execute, deliver and perform in full the Development Agreement; and the Development Agreement has been duly and validly authorized, executed and delivered by the Company ar,d, assuming due authorization, execution and delivery by the other parties thereto, is in full force and effect and is valid and legally binding instrument of the Company enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. 2. The consummation of the transactions contemplated by the Development Agreement and the carrying out of the terms thereof, will- not result in violation of any provision of, or default under, the partnership agreement of the Company or any indenture, mortgage, deed of trust, indebtedness, agreement, judgment, decree, order, statute, rule, regulation or restriction to which the Company is a party or by which it or its property is bound or subject. 3. Rekstad Resources, Inc. and Howard L. Rekstad have full power and authority to execute, deliver and perform in full the Guaranty;-and the Guaranty has been duly and validly authorized, executed and delivered by the general partners and, assuming due authorization, execution and delivery by the other parties thereto, is in full force and effect and is valid and legally binding instrument of the general partners enforceable in accordance with its terms, except as the same may be limited by bankrutpcy, insolvency, reorganization or other laws relating to or affectin creditors' rights generally. 4. The consummation of the transactions contemplated by the Guaranty, and the carrying out of the terms thereof, will not result in violation of any provision of, or default under, the partnership agreement of the Company or any indenture, mortgage, deed of trust, indebtedness, agreement, judgment, decree, order, statute, rule, regulation ar restriction to which the general partner is a party or by which its property is bound or subject. Very truly yours, 12 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LEWOOD AND COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP This document drafted bym BRIGGS AND MORGAN (MMDj Professional Association 2200 West First National Bank Building St. Paul, Minnesota 55101 zs~ss FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT, made as of the 1st day of February, 1993, by and between the City of Maplewood, Minnesota (the "City"), a municipal corporation organized and existing under the laws of the State of Minnesota and Cottages of Maplewood Limited Partnership, a Minnesota limited partnership (the t1Developer"), WITNESSETH: WHEREAS, pursuant to Minnesota Statutes, Section 469.125 through 469.134, the City has formed a municipal development district (the "Development District") and has adopted a development program therefor (the "Development Program"); and WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.179, as amended, (hereinafter the "Tax Increment Act"), the City has created a tax increment financing district (the /OTax Increment District"), the legal description of which is attached hereto as Exhibit A, and has adopted a tax increment financing plan therefor (the "Tax Increment Plan") which provides for the use of tax increment financing in connection with development within the Development D1Str1Ct; and WHEREAS, the City and the Developer have heretofore entered into that certain Development Agreement dated as of July 1, 1989 (the "Development Agreement") pursuant to which the Developer agreed to construct a 59 unit senior housing development (the "Project/°) and to guaranty certain shortfalls of tax increments, and the City agreed to use tax increments generated from the Project to assist the Developer with certain eligible costs of the Project; and WHEREAS, the Developer has requested that the City amend the Development Agreement to defer the payment of the tax increment shortfalls and to allow certain tax increments to be credited against such tax increment shortfalls® and NOW THEREFORE, in order to set forth the agreement of the City and the Developer, it is necessary to amend the Development Agreement as follows: 1. Section 1.1 of the Development Agreement is amended to add the following definition: 233438 "First Amendment means the First Amendment to Development Agreement by and between the City and the Developer dated as of February 1, 1993;" 2. Section 7.4 of the Development Agreement is amended in its entirety to read as followso "Section 7.4. Guaranty of Tax Increment Shortfall. (a) The parties reasonably expect that the annual Tax Increments to be derived from the Development Property in any calendar year after 1989 and prior to the Maturity Date will exceed the minimum amount needed to pay when due all principal and interest maturing in that year on the Tax Increment Bonds. The Developer agrees that if for any reason such Tax Increments in any calendar year are less than $75,726 for each year prior to the Maturity Date, then the Developer shall pay, to the City, in accordance with the provisions set forth below, the difference between the Tax Increment actually received by the City and $75,726 (the °1Tax Increment Shortfall"). (b) The Tax Increment Shortfall shall be due and payable to the City each February 1 following the year in which the Tax Increment Shortfall occurred; provided that the Developer may defer payment of any Tax Increment Shortfall until December 31, 2011; provided further that any deferred Tax Increment Shortfall shall bear interest, compounded annually, at the rate of seven percent (7.00%) per annum. (c) Any Tax Increment received by the City in excess of $75,726 in any year after 1991, and all Tax Increments received by the City after the Maturity Date, shall be credited, on December 31 of each year, to the accrued interest on the Tax Increment Shortfall, and thereafter to the principal amount of the Tax Increment Shortfall. (d) The Tax Increment Shortfall, and any accrued interest thereon, shall be immediately due and payable upon any sale of the Project or any transfer of the majority interest of the general partners of the Developer to a new person or entity in which one or both of the general partners do not have a majority interest. (e) Prior to the issuance of the Bonds, the Developer shall deliver to the City a guaranty in the form attached hereto as Exhibit I fully executed by 233438 2 Rekstad Resources, Inc. and Howard L. Rekstad and guaranteeing performance of the Developer's obligations under this Agreement. (f) Prior to the execution of the First Amendment, the Developer shall execute a new guaranty in the form required by Bond Counsel.°1 3. Section 11.11 of the Development Agreement is amended to read as follows: "This Agreement shall terminate on the earlier of the Termination Date or the Maturity Dateo provided the Developer has paid the City all amounts due hereunder, including but not limited to the amounts due pursuant to Section 7.4 hereof. In the event all such amounts have not been paid in full, this Agreement shall not terminate but shall remain in effect until payment in full has been made to the City of all such amounts,°' 4. Except as herein amended, all other terms and provisions of the Development Agreement dated July 1, 1989 shall remain in full force and effect. 5. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 6. This Agreement will be governed and construed in accordance with the laws of the State. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and on its behalf and the Developer has caused this Agreement to be duly executed in its name and on its behalf, on or as of the date first above written. CITY OF By yor ,~ vn.. I`ts Manager This is a signature page to the First Amendment to Development Agreement dated February 1, 1993, by and between the City of Maplewood and Cottages of Maplewood Limited Partnership. 233438 3 COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP Hy Re3estad Resources, Inc. A general partner X ~ _ __ Y_~.. . ~ y ~F ,. ~°` Its `Y~. This is a signature page to the First Amendment to Development Agreement dated February 1, 1993, by and between the City of Maplewood and Cottages of Maplewood Limited Partnership. ~~~ 4 STATE OF MINNESOTA ) COUNTY OF .~3d~MSEY'" ) The foregoing instrument was acknowledged before me this _. _, ~, ~w'.~ day of c? ~,,' } , 1993, by r-r ~~~ _ „_rt the Mayor and /~ /, r~ ~r ;,~, ~~ ~ l~ 1 c =~`~> > ~~ ~° __, the Manage~~ of the City of Maplewood, Minnesotae ..f ~.--u ~~ ~ ~ ~ I, ~ '- ~~ Notary I~ublic e ,r. ,r ~IIASr9~~ ~~a~a3 ~, ~ra7Y ~ -~.x My Comm. Erair~s . a. 8. 1995 r \PVFk~F~! niV1M,~tA ~ GJZ 5 STATE OF MINNESOTA ) ss COUNTY OF ) The foreg °ng instrument was acknowledged before me this ~~ day of , ~ ! , 1993, by Howard L. Rekstad, the President of Rek tad Resources, Inc., a general partner of Cottages of Maplewood Limited Partnership, a Minnesota limited partnership. ~~3s 6 ~ -..7._ MEMORANDUM To: Michael A. McGuire, From: Robert D. Odegard, Subj: Tax Increment Funds Date: August 4, 1989 Introduction City Manager Director of Parks & For Playcrest Park 1~ction Y,y Oo~~ncil_ Endorsed V --~._ bioc~ii'ied~ Re~ecte;d Recreatio It is requested that the City Council approve the use of addi- tional tax increment money for the improvement of Playcrest Park. Background In the original planning stages for Playcrest Park, we were given to understand that we had a saleable product of-sand in the park. With this in 'mind, we developed plans and specifications for the Neighborhood Park and opened bids on July 20, 19$8. The low bid figure was $341,343. This amount far exceeded our planned budget due to the inability to sell the 91,000 cubic yards of excess material. The Council authorized rebidding of the entire project and the bid that was accepted on August 17, 19$8 for Playcrest Park was $162,720. This amount was funded through tax increment financing on Cottages of Daplewood and PAC Neighborhood Funds. The park was graded in the Fall, including the spreading of black dirt. This Spring,' we looked again at the height of the fields above Lydia and discussed trying to lower them. Our contractor was bidding on a project that could have taken most of the park excess materials in late June, but was not awarded the contract. We are still seeking other contractors who could use the materi- als and would remove them from the site, or if funds are avail- able, we will have the. soil removed to other park sites. As of December 31, 1988, the Tax Increment District ~l Fund had a $65,000 surplus. Also an additional amount of $85,000 will be available this year when the tax increment funds for the Cottages of Maplewood are sold. Both of these amounts are in the adopted 1990-1994 C.I.P. for Playcrest improvements, but require Council approval to authorize the expenditures. The use of these funds wi11 permit the lowering of the grades at Playcrest Park, the purchase of playground equipment, and the starting of a planting of shrubs, trees, etc. in the park. There will also be some additional fees as per the contract with the Park Planner. Alternatives 1) Leave fields as they are, which has created high banks along Lydia which is not esthetically pleasing to the neighborhood and will require high fencing to prevent softballs, etc. from going out over the bank and an to Lydia. 2) Partially lower the fields with our present funds, although the cost of re-stripping and re-grading the fields is a basic cost and will be paid if any amount of material is removed from the site. 3) Lower the present fields four feet, as we originally planned the park with additional funding from tax increment from Cottages df Maplewood and use any additional funds for play equipment, black dirt, plantings and landscape materials. Recommendation It is requested that the City Council authorize far Playcrest Park the use of $65,000 from the Tax Increment District #1 Fund, and $85,OOQ from the Cottages of Maplewood tax increment bonds to be issued this fall. AGENDA N0. N-2 AGENDA REPORT ~cticn ~~- Cnu~ciJ.;. Endorsec~_ t.°;,,~ T0: City Manager b~odifier7 ,,,,,~ FROM: Finance Director Re,iecter~ "" -~2,c-~-~~ Dates `~ ~' "~~~.~ RE: ESTABLISHMENT OF TAX INCREMENT DISTRICT FOR MAPLEWOOD CRO55ING AND AMENDMENT OF THE TAX INCREMENT FINANCING PLAN FOR THE COTTAGES OF MAPLEWOOD DATE: May 1, 1989 INTRODUCTION A public hearing is needed along with adoption of the attached resolution to capture the tax increment from the Maplewood Crossing development. This will provide the capability for issuance of tax increment bonds in the future to finance public works improvements, park development and a community center. Council approval at a later date will be required to issue bonds and proceed with construction of any projects. BACKGROUND On January I1, 1988 the City Council established the tax increment district for the Cottages of Maplewood. Also, the Council approved the use of part of the tax increment to provide a $275,000 payment to the developer for land acquisition and on-site improvements. There is $276,484 of additional tax increment banding capability from this development available for other City projects. The resolution attached amends the Development Program to indicate that the additional tax increment will be used for City Projects. On March 27, 1989 the City Council approved the concept of using the tax increment from the Maplewood Crossing development far a community center and park improvements. Since the tax increment district must be established before a building permit is issued, Council action an th i s matter i s needed an May 8th as commencement of construction on th i s project i s imminent. The tax increment bonding capability from this development will finance $2,530,518 of City project costs. The resolution attached will capture the tax increment from the Maplewood Crossing development. After a tax increment district is created, the City has the capability to modify the Development Program which specifies the amount of tax increment bonds to be issued and the projects that they will be used for. Therefore, adoption of the attached resolution will a11ow the City to use up to $2,8O7,0fi2 of tax increment bands proceeds for public works improvements, park development and a community center. Additional bonds totaling $1I,228,248 could be sold in conjunction with this as only 20% of the total tax increment bonds sold need to be supported by tax increment revenues. The remaining 80% would have to be financed by increases in the City's property tax levy. At a later date, the Council will be requested to allocate money to specific projects. Adoption of the resolution will keep open the option of using the tax increment from the Maplewood crossing development far City projects. RECOMMENDATION It is recommended that the Council adopt the attached resolution to provide the capability for issuance of tax increment bonds which use the remaining tax increment on the Cottages of Maplewood and the tax increment far the Maplewood Crossing development. DFF:lnb 556X - EXTRACT OF MINUTES OF MEETING OF THE w CITY COUNCIL OF THE CITY - OF MAPLEWOOD, MINNESOTA HELD: MAY 6, 1989 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held on the 8th day of May, 1989, at o'clock p.m. The following members of the Council were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING ECONOMIC ` DEVELOPMENT DISTRICT NO. 1-3 AND ADOPTING THE TAX INCREMENT FINANCING PLAN AND DEVELOPMENT PROGRAM RELATING THERETO AND AMENDING THE TAX INCREMENT FINANCING PLAN RELATING TO HOUSING DISTRICT N0. 1-3 WHEREAS: A. It has been proposed that the City of Maplewood amend the tax increment financing-plan for Housing District No. 1-3 and establish Economic Development District No. 1-3 within Development District No. 1 and adopt a tax increment financing plan and development program with respect thereto under the provisions of Minnesota Statutes, Sections 469.174 through 469.179 and Sections 469.124 through 469.134 (collectively the ..Act"); B. The Council has investigated the facts and has caused to be prepared a development program and proposed tax increment financing plans for the tax increment districts. C. The City has performed all actions required by law to be performed prior to the establishment and/or modification of the tax increment districts and the adoption of the proposed development program and tax increment financing plans relating thereto, including, but not limited to, notification of Ramsey County and Independent School District No. 522 and Special Intermediate School District No. 916 having taxing juris- diction over the property to be included in the tax increment districts, and the holding of a public hearing upon published and mailed notice as required by law. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood as follows: 1. Tax Increment District. There is established in the City of Maplewood within Development District No. 1 a tax increment financing district to be known as "Economic Development District No. 1-3." Economic Development District No. 1-3 shall have the initial boundaries as indicated in the tax increment financing plan relating thereto. 2. Development Program and Tax Increment Financing Plan relating to Economic__Development District No_._1-3. The development program and the tax increment financing plan are adopted as the development program and tax increment financing plan for Economic Development District No. 1-3, and the City Council makes the following findings: (a) Economic Development District No. 1-3 is an economic development district as defined in Minnesota Statutes, Section 459.174 the specific basis for such determination being: Economic Development District No. 1-3 is being created so that the tax increments derived therefrom can be used to fund the public improvements set forth in the development program which will stimulate additional development in Development District No. 1, thereby creating new jobs and expanding the City's tax base. (b) The proposed redevelopment in the opinion of the City Council, would not occur solely through private investment within the reasonably foreseeable future and therefore the use of tax increment financing is deemed necessary. The reasons supporting this finding are that: The development activities within Development District No. 1 to be financed by tax increment financing are not financeable using traditional methods of municipal financing. Private investment will not finance these development activities because of prohibitive costs. It is necessary to finance these develop- ment activities through the use of tax increment financing sa that other development by private enterprise will occur within Development District No. 1. {c) The tax increment financing plan for Economic Development District No. 1-3 conforms to the general plan for development or redevelopment of the City of Maplewood as a whole. The reasons for supporting this finding are that: {i} Economic Development District No. 1-3 is properly zoned; {ii) The tax increment financing plan will generally compliment and serve to implement policies adopted in the City's comprehensive plan. (d} The tax increment financing plan will afford maximum opportunity, consistent with the sound needs of the City of Maplewood as a whole, for the development or redevelopment of Development District No. 1 by private enterprise. The reasons supporting this finding are that:' As previously stated the development activities, consisting of public improvements, to be financed by tax increment financing are necessary so that additional commercial development by private enterprise can occur within Development District No. 1. 3. Tax Increment Financin Plan for Housin District No. 1-3. The amended tax increment financing plan for Housing District No. 1-3 is hereby adopted. The findings made by the City Council on January 11, 1988 with respect to the creation of Housing District No. 1-3 are hereby ratified, confirmed and adopted. 4, public Purpose. The development program and the adoption of the tax increment financing plan for Economic Development District No. 1-3 conforms in all respects to the requirements of the Act and wi11 help fulfill a need to develop an area of the City which is already built up to provide employment opportunities to improve the tax base, and to improve the general economy of the State and thereby serves a public purpose. 5. Certification. The Auditor of Ramsey County is requested to certify the original gross tax capacity of Economic Development District No. 1-3 as described in the tax increment financing plan, and to certify in each year thereafter the amount by which the original gross tax capacity has increased or decreased in accordance with the Act; and the City Manager is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within Economic Development District No. 1-3 for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 6. Filin The City Manager is further authorized and directed to file a copy of the development program and tax increment financing plan for Economic Development District No. 1-3 with the Commissioner of Energy and Economic Develop- ment. 7. Administration. The administration of Develop- ment District No. 1 is assigned to the City Manager who shall from time to time be granted Such powers and duties pursuant to Minnesota Statutes, Sections 459.13Q and 469.131 as the City Council may deem appropriate. 8. Notice of Public Hearin The actions of City staff in causing the notice of public hearing to be published in the Maplewood Review are hereby ratified, confirmed and adopted. The motion for the adoption of the foregoing and resolution was duly seconded by member upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting City Manager of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a fu11, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the modification of the tax increment financing plan for Housing District No. 1-3 and the establishment of Economic Development District No. 1-3 in the City. WITNESS my hand and the seal of said City this day of 1989. City Clerk (SEAL) $350,000 City of Maplewood, Minnesota Taxable General Obligation Tax Increment Bonds of 1989 Debt Service Schedule ;:`Issue Date: 11/01/89 dement Date: il/16/89 first Coupon: 8/0]./90 Date Principal Coupon Interest Debt Service B/Ol/9D 0.00 0.000 22,-387.50 ~~ 22,387.50 2/01/91 0.00 0.000 34,925,00 14.,925.00 `8/01/91 0.00 0.400 14,925.00 14,925.00 2/01/92 15,000.00 8.200 1.4,925.00 29,925.00 8/01/92 O.DO O.D00 14,310.00 14,310.00 `2/01/93 20,000.00 8.200 14,310.00 34,31.0.00 B/O1/93 0.00 0.000 13,490.00 13,490,00 2/01/94 25,000.00 8.250 13,490.00- 38,490.00 8/01/94 0.00 0.000 12,456.75 12,458.75 2/01/95 25,000.00 8.250 12,45$.75 37,458.75 8/01/95 O.DO 0.000 11,427.50 ~ 11,427.50 2/01/96 25,000.00 8.300 11,427.50 36,427.50 8/01/96 0.00 0.000 10,390.00 10,390.00 2/01/97 30,000.00 8.400 10,390.00 40,390.00 8/01/97 0.00 0.000 9,130.40 9,130.00 2/01/98 30,000.00 8.500 9,130.00 39,130.00- 8/01/98 0.00 0.000 7,855.00 7,855.00 2/01/99 35,000.00 8.600 7,855.00 42,855.00 $/01/99 0.00 0.000 6,350.00 6,350.00 2/D1/00 40,000.00 8.700 6,350.00 46,350.00 8/01/00 O.OD 0.000 4,610.00 4,610.00 2/01/01 40,000.00 8.750 4,610.00 44,610.00 8/O1/O1 0.00 0.000 2,860.00 2,860.00 2/01/02 45,000.00 8.800 2,860.00 47,860.00 ;8/01/02 0.00 0.040 .880.00 880.00 '~2/O1/03 20,000.00 6.800 ---__ 880.00 20,880.00 :TOTALS 350,000.00 _ ___254,685.00-- -_Wr604,685.00 Accrued Interest to 11/16/89 = l Bond Years = s Interest Cost = $ age Coupon erage Life scount 99.050 1,243.75 2958 254,685.00 8.611 8.724 8.45 Years 3,325.00 `Fi.le : tax . dbt Prepared by MILLER & SCHROEDER FINANCIAL: 10/20/$9 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Tax Guaranteed Increment Increment 58,230.64 72,491.00 62,438.08 69,432.70 64,077.20 65,827.62 51,952.98 51,953.04 63,498.98 45,779.06 44,541.36 35,615.72 43,367.16 42,126.09 49,086.68 51,531.46 49,570.48 75,726.00 75,726.00 75,726.00 75,726.00 75,726.00 75,726.00 75,726.00 75,726.00 75,726.00 75,726.00 75,726.00 75,726.00 75,726.00 75,726.00 Surplus / (Deficit) (17,495.36) (3,235.00) (13,287.92) (6,293.30) (11,648.80) (9,898.38) (23,773.02) (23,772.96) (12,227.02) (29,946.94) (31,184.64) (40,110.28) (32,358.84) (33,599.91) 49,086.68 51,531.46 49,570.48 921,520.25 1,060,164.00 (138,643.75) Cumulative Deficit (31,442.00) (36,877.94) (52,747.32) (62,732.93) (78,773.03) (94,185.53) (124,551.53) (157,043.10) (180,263.14) (222,828.50) (269,611.13) (328,594.19) (383,954.62) (444,431.36) (426,454.87) (404,775.25) (383,539.04) 7.00% Interest on Cumulative Deficit (2,200.94) (2,581.46) (3,692.31) (4,391.30) (5,514.11) (6,592.99) (8,718.61) (10,993.02) (12,618.42) (15,597.99) (18,872.78) (23,001.59) (26,876.82) (31,110.19) (29,851.84) (28,334.27) (26,847.73) (257,796.38) Cumulative Deficit (13,946.64) (33,642.94) (39,459.40) (56,439.63) (67,124.23) (84,287.15) (100,778.51) (133,270.14) (168,036.12) (192,881.56) (238,426.49) (288,483.91) (351,595.78) (410,831.45) (475,541.55) (456,306.71) (433,109.52) (410,386.77) Agenda Item L1 MEMORANDUM TO: Acting City Manager FROM: Linda Olson, Community Design Review Board Chair SUBJECT: 2007 Community Design Review Board Annual Report DATE: February 4, 2008 for the February 11 City Council Meeting INTRODUCTION Annually the community design review board (CDRB) reports the board's actions and activities for the city council for the previous year. In 2007, the CDRB reviewed the following 27 items during their 13 meetings: Type of Proposal New Development Proposals 1. Caribou Coffee (1720 Rice Street) 2. Costco (1431 Beam Avenue) 3. The Woodlands (Sophia Street, north of Larpenteur Avenue and east of McMenemy Street) 4. Pond Overlook (South of I-694 and north of County Road D) 5. The Shores (940 Frost Avenue) 6. Regent at Legacy Village (Southeast Corner of Legacy Parkway and Kennard Street) Expansions/Remodels 1. Ramsey County Correctional Facility (297 Century Avenue) 2. Corner Kick Indoor Soccer Facility and Retail Space (1357 Cope Avenue) 3. Rolling Hills Manufactured Home Park Office Building (1316 Pearson Drive) 4. Premier Bank Second Story Addition and Parking Lot Expansion (2866 White Bear Avenue) 5. Police Department Shooting Range Containment Structure (2621 Linwood Avenue) # Reviewed 6 8 6. Costco Exterior Design Revision (1431 Beam Avenue) Type of Proposal # Reviewed Expansions/Remodels (cont.) 7. Comforts of Homes Exterior Design Revision (2300 Hazelwood Street) 8. Lexus Parking Lot Expansion (1245 County Road D) Miscellaneous Reviews and Actions 9 1. CarMax Auto Superstore Exterior Modifications (NE Corner of Highway 61 and Beam Avenue) 2. Maplewood Business Center 1 and 2 Comprehensive Sign Plan (1616 and 1730 Gervais) 3. Review of Wetland Ordinance 4. Nonconforming Four-Plex and Three-Plex Landscape/Screening Parking Plan (1349 and 1359 County Road C) 5. Sign Code Interpretation -Electronic Readerboard Signs 6. Gladstone Streetscaping 7. Concept Review for the English Street Manufactured Home Site (Gladstone Neighborhood) 8. Off-Site Dynamic Display Sign Ordinance 9. The Shores Tree Preservation and Landscape Plan (940 Frost Avenue) Special Projects 4 1. Community Pride Awards 2. New Member Orientation 3. 2006 Annual Report 4. City Council Questions for New CDRB Members Total 27 2 COMPARATIVE INFORMATION Year 2003 2004 2005 2006 2007 MEMBERSHIP Number of Items Reviewed 25 25 27 33 27 The CDRB consists of five members appointed by the city council. Membership terms are for two years, with extensions for additional terms approved by the city council. The current membership is as follows: Board Member Membership Bepan Term Expires Ananth Shankar 8/8/94 1/1/08 Matt Ledvina 3/10/97 1/1/09 Linda Olson 3/26/01 1/1/09 Matt Wise 2/12/07 1/1/08 John Demko 2/26/07 1/1/09 On February 12 and 26, 2007, the city council appointed Matt Wise and John Demko to replace John Hinzman and Joel Schurke who resigned from the CDRB in 2006. The city council also reappointed Matthew Ledvina and Linda Olson to the CDRB with terms expiring January 1, 2009. City council interviews for re-appointment or appointment of terms expiring January 1, 2008, are tentatively scheduled for February 11, 2008. DISCUSSION 2007 Actions/Activities In 2007, the CDRB reviewed 6 new commercial developments that could potentially add up to 17,661 square feet of new commercial space; 10 commercial expansion/remodels that could potentially add up to 77,760 square feet of new commercial expansion space and a 1,100,000 square foot indoor soccer center; and 4 new multi-family developments that could add up to 348 new residential units. The CDRB has consistently demonstrated keen interest and skill in their reviews of these development projects to ensure they are of the quality of design and materials that complement the surrounding areas and improves a site's aesthetics. The city has become more developed over the years, with very little vacant land available for new developments. Because of this, city staff has processed many of the city's remodels and additions as 15-day reviews, as allowed by code, rather than the more formal review by the CDRB. Also, because of the developed nature of the city, many of the new commercial and residential developments reviewed by the CDRB are either redevelopment of existing buildings or in-fill development. The CDRB will continue to be a vital advisory board to the city council in the future, particularly with more redevelopment and in-fill development projects on the horizon. 3 The city adopted the current sign code in 1977 and made minor revisions to it in 1996. The sign code is outdated and allows for excessive signage within the commercial and industrial zoning districts. Over a period of three years the CDRB researched, gained public input, and drafted a new sign code to address some of the existing code's shortfalls. In March 2007, the CDRB recommended to the city council approval of a new sign code. The CDRB looks forward to the city council's review and eventual adoption of that new code in 2008. The CDRB held a joint meeting with the environmental and natural resources commission to hear and discuss a presentation on the proposed Gladstone streetscaping. In addition, the CDRB and planning commission chairs attended one of the other board/commission meetings to discuss overlap of responsibilities. 2008 Recommendations/Areas of Interest The CDRB will be drafting the on-site dynamic display sign code for approval by the city council. 2. The CDRB is looking forward to the city council's review of the draft sign code for implementation in 2008. 3. The CDRB will work with staff on recommended site and design criteria for the city's proposed Gladstone neighborhood redevelopment area, including streetscaping. 4. The CDRB is interested in gaining a better understanding of sustainable building design concepts. The board hopes to support the implementation of these concepts for projects that are reviewed and approved by the city, particularly projects within the Gladstone neighborhood redevelopment area. 5. The CDRB is interested in gaining a better understanding and working knowledge of the use of pervious surfaces in development -how they function, how they age, and how they relate to the city's codes. 6. Comprehensive plan review and update. CONCLUSION In 2008, the CDRB will continue its dedication to the quality design of buildings and developments, ensuring a high quality of life for the citizens of Maplewood. P\com-dev\community design review board\annual report (2007) 4 Item # L2 MEMORANDUM TO: Chuck Ahl, Acting City Manager FROM: Councilmember Will Rossbach DATE: February 6, 2008 RE: Visitor Presentation Discussion It seems as if the concept of allowing people to speak to the council about items which are not on the agenda is not functioning in the manner which it was intended. While there certainly have been occasions that citizens have used the opportunity to forward relevant topics and express their concerns, the majority of the time we have people who are not residents of the city or business owners in Maplewood using the Visitor Presentation portion of the agenda to advance their personal views of the council, staff or the city in general. I believe that the Visitor Presentation portion of the agenda is intended to allow citizens and business owners of Maplewood an opportunity to bring their issues or concerns to the attention of the council. The council can then react to that information as they deem appropriate. While I would agree with an individual's first amendment rights and their right to petition their government, the fact of the matter is that the Maplewood council does not need to provide these protections to individuals other than those which we represent. Additionally, in my opinion, we are not obligated to provide the media a source for them to voice their views. Our job is to represent the people of Maplewood and protect their rights. I would recommend that we change the Visitor Presentation portion of the agenda limiting its scope to residents and business owners of the City of Maplewood that have legal residency and or business ownership in the city. Item L-2 The following information was submitted by Councilmember Rossbach: Visitor Presentations I have received more inquires and comments about this item than any other since the beginning of the year. I have copied one of those comments below that reflects the type of comments that people have been expressing. The Public Comment Forum warrants my comments: 1. Public comments can be transferred through the Maplewood web site. 2. Public comments can be verbally presented at the workshop sessions. 3. Placing this as an agenda item has proved to be a disaster and a waste of time when attempting to conduct City business. 4. There is a group of persons who are making comments each session and repeat the same statements. This is being done to promote their TV show and provides no constructive information to the City. S. I have mixed feelings about this topic, I believe it is good that we allow public input and criticisms, however misinformation, name calling, self promotion, personal attacks, threats, and tirades are unacceptable. 6. Maximum time for each presentation should be S minutes. 7. The speaker must provide, for the record, a legal name. 8. The speaker must provide, for the record, his or her legal address. (i. e as appears on driver license, income tax records, voter registration). 9. The speaker is allowed two subjects and announce the subject matter prior to beginning. 10. If speaker appears at future meetings the material on the subject matter must be new and different. 11. The speaker may register with the city manager or council persons for an item to be placed on an agenda for future meeting. 12. All comments by the speaker must be addressed to the Council in general and not to any one member. I do not agree with each point that this person listed. However I do agree that the council needs to review the visitor presentation item to insure that it is serving the function for which it was intended. Which brings me to the question, what is its intended propose? I have not been able to locate the meeting minutes when this item was added to the council agenda to verify if the council, at that time, stated their intentions. I believe however that they were most likely general in their desire to allow an easy way for citizens to bring information to the council's attention. Because of the number of comments that I have received on this issue I asked to have discussion of this item added to the agenda for our February 1 lth agenda. Due to the meeting running late we did not get to it that night. As it turns out that was a good thing. I have received offers to help with the process and also a letter from the American Civil Liberties Union. I had originally stated in the memo I wrote for the meeting that I wanted to limit the people who could address the council during visitor presentations to people who were legal residents of Maplewood or legal Maplewood business owners. This was shortsighted on my part. The day after I had submitted the item I was already thinking that there would be other people who we would want to hear from on different issues. The letter from the ACLU also listed occasions that we may want input from people other than residents and business owners. They also said that we needed to be very careful about restricting who can speak. Although we are not required to allow the public to speak, if we do then there are many court cases that have ruled on who we can and cannot exclude. It is certainly important from my prospective to provide for citizen input into the operation and direction of the city. It is equally important that the input received meets the intent of the council. Although I am not excited by the prospect I believe that we need to completely review this agenda item and define the intent and the process used by citizens to provide their information. Below is another excerpt from an email I received that I believe is leading in the right direction. Step #1 is to be clear on your objective -- REALLYclear. Do you want to receive input? On what? From whom? For what purpose? Do they want to give input? On what? To whom? For what purpose? What would/will you as a body DO with input? What do they expect? How will anyone know what you do or do not do? Why does this matter? To whom? And so on. ONLY after you are clear should anyone begin exploring methods...and ensuring they are tailored to meet the agreed-upon objectives, and that both the objectives and the basis for your method choice are clear to the public. We do not have to make all this up as we go. There are other elected bodies that have been tackling this issue who we can ask for help and information. There is no doubt in my mind however that the current situation is broken. There are exceptions where citizens are bringing forward information or asking questions that are beneficial, however the majority of the time is wasted on personal view points that have no bearing on anything except their personal beliefs. Without clearly expressing the objectives and procedures for visitor presentations, it is only wasting the time of the council, the citizens in the audience, and those watching at home. I am asking the council to set aside some workshop time for this discussion and review. I will further suggest that we remove visitor presentations from our agendas until such time that we are ready to bring this issue before the public for their input and complete adoption of a set process. Respectfully submitted, Will Rossbach Item # L3 MEMORANDUM TO: Chuck Ahl, Acting City Manager FROM: Councilmember Will Rossbach DATE: February 6, 2008 RE: Citizen Committee for Ordinance Review At the January 21st council meeting I introduced a request to form a citizens committee for the purpose of reviewing the city ordinances that relate to nuisances and recreational fires. Attached is information that I distributed to individuals attending the South Leg gathering on January 23~d that was held at the Londin Lane fire station pertaining to this topic. This information is submitted to council for the purposes of discussion. 'v c~oct ~ :~noxe - rrontems anti complaints _ Minnesota Pollution Control Agency Page 1 of 2 in~~~t~ ~c~i~~utior~ ~+~r~t~~l ~~n~~r ~ra~ ~ ~t~ lr~d~sc f ~lo~~~s• ~ what`s ~~ ~ ~~~C ~k7~Aa ~ ~~~~tc~~ ~i~~~r 5~arch MPCR Ha__me ~ Rir > V41opCl Smoke WOOtI Smoke ,~~~~~~ ~~~~~~ o~ -Woad Smoke vv®~~ ~~~.k~ ~: - veod_~ar~rr~~.._~est ~ For many ~'r~cti~es __ Mirtneso ~ ,~ `', Gleaner..~~rn€ng ~ppharr~e~ rnk~l~rr~sl~carn~i~~nls Related gages; Citi~~s~..Cc~rrsp~air~ts This Web site contains PDF docurs~~nts fha# require Adobe Acrobat for viewing. burning ~ ~ ~ ~ , ;~ wood to heat their =w ~ ~-~~''~ ~~ ~, ~ ,~~~ . p~ ~. - ~r ~ _ ~_: home is a ~ ~ ~^ ~~ _ ~ - time- ~4 0 - honared ~~. tradition ~ `~' and a way r ; ~ = ~; to save on hearing bills. For others, the aroma of wood smoke often conjures up a romantic or nostalgic ambience. Unfortunately, wood smoke contains ta~ics and harmful microscopic particles. And the appliance you use, how it's installed and maintained, and the type of wood you burn -all make a difference to bath the heating efficiency and the amount of harmful pollution emitted. The Minnesota Pollution Control Agency {MPCA) and the Minnesota Department of Health {MDH) want to remind citizens of the health dangers from wood smoke, especially from fireplaces, alder wood stoves and "backyard" boilers. Indoor and outdoor exposures to pollution emitted franrr these appliances pose the greatest threat to owners and their neighbors than EPA-certified staves. Health risks are highest among susceptible populations, including young children and people of all ages with respiratory or cardiovascular diseases. The following information provides steps that wood-burning appliance owners; their neighbors and communities can take to protect their health and improve Minnesota's air quality. • health effects a~ wood srrac~ke. . ~~~iad burn$g ,best practices . cleaner-burn~~~ appliances • wok srnn~e prolalerns and ca~nplairats ~~s -~ ~~ w '~ ~^: >, ;t - fi . ~ ~ _'~ 3 -A. Y 3 - '~ ~ °y* ~ i3 - c T _ x Y~ - - ~. x ~ ~: :~ s,. ~,; ~, x- ;~ v~ - .~.--,. lV1Yl.;A staff can provide further information about wood stove emissions, and other technical assistance if needed. Contact .lohn ~elt~ '. ~. F, ittp:/lwww.pca.state.mn.us/air/woodsmoke/inde~.html l ~22~2Qpg ":Mood ;', Hoke -Problems and Complaints -Minnesota Pollution Control Agency Page 2 of 2 at 651-296-7801. This page was last updated December 6, 2006 If you have suggesEions an how we can improve this site, or if you have questions or problems, please cantact,us. if you have questions or problems with this Web site, contact vv_eb_m_aster~.frc~:st~te.mn_.us . Minnesota Pollution Control Agency, 520 Lafayette Road, St. Paul, MN 55 1 55-47 94 `Phone: 651-29G=6300, 800-657-3864; 24-hour emergency number: 551-649-5451 or 800-422-0798; TTY: 651-282-5332, TTY 24-hour emergency number: 551-297-5353 or 800-627-8529 MPCA_]Neb Sste Aoficies http:llwww.pca.state.mn.uslair/waodsmake/index.htmt 1/22/2008 `y~Tood E smoke -Health Effects of Wood Smoke -Minnesota Pollution Control Agency Page 1 of 3 ir~r~~~~~~ ~~Ilu~i~~ ~tlr~l ~~~~~~ i~oe ~ Site index ~ Glossary ~ ~fhat's EJe~v ~ Ask MPCA ~ Visitor Cel~ter Wood..Smok.e Nealth_Effects of Wood Smoke !/Vood Burnng_Best 'radices ~I~aner_~urnir~g Aprafances Pra.b.femsfCo€rl.plar~ls. Related Pages: Air iii#izer~,_CopEa~ls 'this Web site contains PDF dxc~rr~enfs that require Adobe pcro3~at for viewing. MPCA._Horn.e, > Air ~ Wood_5moke > Health Effects of Wood Smoke Wood Smoke --- Heath Effects Surnirtg wood adds hai~rnful fine parkicles and toxics to the air. "The fine particles (or particulate matter (PM)) in wood smoke can trigger asthma ~, ~,~ attacks in a manner similar to diesel exhaust or secondhand cigarette smoke," said Laura Oatma~, environmental research scientist from the Minnesota Department of PM.~ Health (MDH). search q'~YI ,~~~; According to the Environmental PiM~.~ Protection Agency (EPA): "Woad smoke ~ "a CantalnS haCl7lfui chemical substances such as carbon _,....... ~ ,., , F., ~ ~ ~ ..-~~.:,. ~. fly. _......: nitr_o_ gen, oxides (N~x}, Where Does Aarticulate Matter Go?* ~rolatile. organic CQrT1~alE~ldS ~~~~~}~ " PM1tt= parficulata matter sized at t0 microns; PM 2.5 = partculate matter sized at dioxin, and lnhalable 2.5 microns. particulat~..ma~ter (f?M}. Some of the VOCs are irritating, toxic, andlor cancer causing. One of the biggest human health threats from smoke, indoors or outdoors, comes from PM. Wood smoke PM is composed of wood tars, gases, snot, and ashes. Toxic air pollutants are a potentially important component of wood smoke. A group of air toxics known as p.o..l.ycy~l.ic organic matter includes potential carcinogens such as benzo(a}pyrene." At just 2.5 microns in diameter and smaller, 35 to 100 or more fine particles (PM) could fit across the diameter of a human hair. Some of the smallest fine particles can go deep into the lungs and can even pass through the lungs into the bloodstream. They can trigger respiratory problems such as asthma attacks and even heart problems. Fine particles are considered especially dangerous for young children with developing lungs, and people of all ages who have asthma, bronchitis, other respiratory problems, and or cardiovascular disease. http://wvwv.pca.state.mn.us/air/woodsmoke/healtheffects.html 1/22/2008 YVood .smoke ~-- Health Effects of Waod Smoke -Minnesota Pollution Control Agency Hover l3ig is ParticEe Poillutian"~ ~', (4F ~1i14rf Per t~ ~ ~? _,~ ~,-:-r ~~ ail -~: ~ ._ _- i -- image source: U.S. SPA, Office of Research and Development Breathing air containing woad snt©ke can: Page 2 of 3 + Irritate eyes, lungs, throat and sinuses . Reduce lung function, especially in young children ..Increase severity of existing lung diseases such as asthma, emphysema, pneumania and bronchitis . Increase risks of heart attacks + Trigger headaches and allergies Lnng term exposure to woad sup©ke may lead t©: . Chronic obstructive lung disease • Chronic bronchitis . Increased risks of cancer • Cardiovascular disease Smoke from backyard recreational fires can trigger the same health problems and may penetrate indoors to neighboring homes through intake vents or windows. High levels of pollutants leaking from stoves and fireplaces have been measured in some homes with wood burning appliances. Indaars, think twice before using year older non-certified fireplace or wood stove. The Environmental Pro#ection Agency (EPA} says the average wood-burning fireplace creates 3,370 times more fine particles than a natural gas furnace. st~v. e Wei site and relative emissions of fine particles Web page. The MPCA strongly encourages those who burn wood to be a good neighbor by building http;//www,pea.state.mn,uslair/woodsmokelhealtheffects.html 1/22/2008 Read more on the EPA°_s_woe __ __ _. ~ v'.ood Smoke -Health Effects of Wood Smoke -Minnesota Pollution Control Agency Page 3 of 3 only small hot fires with dry, seasoned wood, lt's also important to properly maintain your stove and chimney. Always be c©nsiderate of family members and neighbors who may have asthma, lung or heai°t problems. For information on best burning methods and a list of what NOT to burn go to W ~urn~~g~_l3cst Praetic~s. . Additional Resources Health Effects of Wood Smoke . ~~a1th eff>/cts o_f Par~c~lat~_Matter, Minnesota Department of Health . Carbon ~rtor~oxi~e ltealt~ eff~~ts, Minnesota. Department of Health . ~rricricat~ ~.,~i~~~ ASSQCation Wheat is 1'~~~°t~~~l~t~ att~~-'~ ~m~~~~a;3 .~3.n~_.Asso_c~a~i~rt . l~e~.lth ~ffe~ts...~~ Wot;'d,S~nol~e fi'~+ O~td€a~~ t~oc~ 13~ilers,__hn~tor, State I~epa~~tcnt of E_ ~oi€~gY _ • Health Effects of Wood Smoke Fact ,sheet, Washin_, on_State Department of Ecoloay , . ' Srxzc~lCe ~r~ts in Y~sur tJ~ti~~s, Stag o~~~~~T ~'~r Off`€ce of tkie At~c~ey_e~~e~~lg Au~;a~5t `?~C~S __ _ . ~` Ernissi~nS k~csm Outoor_Woc3d~~urraz~~g l~~sclcr~tial.FIot Water urna:/=?,s> 13.x, EPA . ~aza~~ce for tl~alth Pr©fess~~nai~,_W~sc©t-~szt~, ~visicsrt_of 1'~abl;~, ~e~If h . US EPA,1`~ataonal Arn~~e3tt. ~~ir Quality ftdars (N~~.~~ . Opt"~i P~tr~~in~, Wisconsin Department of Nat~zral Fesa~urc~s . Trash and__V~ac~ci_~3~z~°a~iz~, W;9cons~~ T3epartr~le~tt of ~~a1tl . Faris AbQ~t ~u,tdoc~r_`it esz. Puget Soa.aad Clean fir f~gertc~J 'ibis page was last updated December 7, 2(306 If you have suggestions on how we can improve this site, or if you have questions or problems, please contact, us. If you have questions or problems with this Web site, contact vrehrnastar@pca _state.mn.us Minnesota Pollution Control Ftgency, 520 Lafayette Road, St. Paul, MN 55155-4194 Phpne: 651-296-630D, SDD-657-3$64; 24-houremergency number: 651-649-5451 or8U0-422-D798; TN: 851-282-5332, TTY 24-hour emergency number: 651-297-5353 or 804-627-3529 MPCFa 41Veb Site Policies http://www.pca.state.mn.us/airlwoodsmoke/healtheffects.html 1. /22/2008 `Wood ;smoke -~-- Waod Burning Best Practices -Minnesota Pollution Control Agency Page 1 of 3 ~inr~~~t~ P~~lu~ic~~t ~~~tr~l ~~n~ I~v€rae ~ Sits Irtd€~~ ~ ~Ic~ssat-~ ~ That's ~e (~~~ ~7P~~ ~ ~islfivr ~erater search M_ PCA Nome > Air > Wood_5moke > Wood Burning Best Practices Wvad Smoke Health Effects of Wood Smoke -- Wood Burning Best Practices vuooa smoke - Wood Burning Best Burning Wood Cleanly Practices When using indoor wood~burning appliances Gleaner Burning you should not smell smoke. Making small, hot ~plsliancas fires will reduce smoke, increase effciency and {.,, /~ Probler~$~Corrtplaints a11ow for easier control. Related Pages: Seasoned ar dried wood burns better with fewer smoky emissions. Ifi may take six months Air to properly season wood, which reduces moisture content from freshly cut wood of up Citizen_Complaints to SO percent down to 15 or 20 percent according to ~azaad~'s .~~>-n.It ~rr3art Web_site. Never burn: • green. wood This Web site contains PD..F ~oc_umer3tsthatrequireAdobe • Wet WOOd Acrobat forviewing. ~ ply-wood, particle board (any wood with glue in ifi) . treated wood . plastics garbage • colored newsprint or magazines • pesticide-treated seed Burning these materials may release chemicals such as heavy xet~ls, other air toxics, and dioxins that are especially harmfixl fio your health and the environment. Always be considerate of family members and neighbors who may have asthma, lung or heart problems. How to Reduce Harmful Wood Smoke ,~~~~~ . ~ ~ , ~_ r:,, - . . ~ ~ il~_ 7 ~ What to do if your woad burning appliance sxnakes up the neighborhood: 1. Stop burning wood during air pollution health alerts. If you hear thafi an air http:l/www.pca.state.mn.us/air/~vaadsmoke/l~estpractices.hlml 1/22/2008 "vVaod S~Fnoke -Wood Burning Best Practices -Minnesota Pollution Control Agency Page 2 of 3 pollution episode has been declared on your TV or radio, do not burn wood until the episode is over. Sign up for e-mail notification of air pollution health alerts on the MPCA Air ~a~ty_Ind~x Web page. 2. Burn less. If you do not depend on it far heat, often the most economical solution is to use the stave or fireplace only occasionally. Use electric or gas water heaters, not wood, to heat hot wafter in warmer months. 3. Only burn clean, dry, seasoned, untreated wood, in your woad stave. Burning other materials causes hazardous air pollutants, and may damage your stove as well as your health. 4. Maintain your appliance. Creosote can build up in flues and chimneys causing mare smoke to enter your home. Excessive creosote can catch fire. It's a goad idea to have all combustion appliances cleaned and inspected once a year. o Make sure all flues, chimneys, and exhaust vent pipes are properly connected, in gaud condition and remain unobstructed. o Check to make sure that the chimney flue is open during operation. o Make sure combustion appliances {fuel-burning) are installed and working in accordance with rn:anufacturer's instructions (or guidelines). Appliances need adequate air supply and venting to the outdoors. o See the fallowing links for appliance installation and maintenance tips: ^ good Heat Fame Err~rgy Guide, Minnesota Department of Commerce and Energy ^ Proper Installation, Jperalio~~ a~~d ~a~n#ez~a~~ce_~~a ocacl ~~av~, U.S. Center far Disease Control 5. Burn cleaner. Convert to a cleaner burning wood appliance. At the current time, most wood stoves sold are required to meet EPA certification standards. As a consumer, however it pays to check the listed emissions of stoves that you are considering to compare emissions at the EPA site: List of IsPA-Certified ~+Iood ~to~Tes. Often the lowest-polluting stave is also the most efficient, meaning that they provide more heat per cord of wood. 6. Consider non wood options. Natural gas frred stoves and f~repiaces are very clean. Fireplaces can be retrofitted to use natural gas instead of woad. Pellet and corn stoves also tend to be significantly cleaner than wood stoves. Pellets and earn should be purchased from a reputable source. Treated tarn and pellets made from refuse can cause toxic emissions. 7. Consider replacing your current Outdoor Wood Boiler {OWB) with a new, EPA-certified Outdoor Wood-fired Hydranic Heater {O'WHH) when they become available. While there are options available now that appear to be clean, there are no accepted testing methods and most currently available appliances have proven to be big sources of air pollution when installed near neighbors. Learn more at the EPA's Certifled_Qatdoar Wand-1°ired Hydraa~~ Heaters Pragzam Web site. 8. Burn smart. Follow the tips in the ~ Bum Clean -Hat `Tips. fca~° ~ ~3ette.~ Fire factsheet. hrip://www.pca.state.mn.us/air/woadsrnake/bestpractices.html 1/22/2048 'Wood.`~make -Wood Burning Best Practices -Minnesota Pollution Control Agency Page 3 of 3 If you or family members suffer from respiratory problems such as asthma or emphysema, or have heart disease, you should not burn wood at all. If you must burn wood, make sure your stave or fireplace doesn't leak and that you operate it correctly. High levels of wood smoke pollutants leaking from stoves and fireplaces have been measured in some wood burning homes. Related Links . _~ut~t_~learz_-_I-lot Tips f©r.a ~~~tt/r dire - . EPA`s C_ ert~fed Qut~t~r Woc~d~fire~ci ~ydranc_I-heaters I'ra~;r . E~~ Clean Bur~~~ng W..oocl Si©~es_~nd Fz°~places • ~l~A Wond B~t~ing E~~cte~~ce~ and. ~afety_ . Ef~e~;ts on Maur Corntn~tnty . Burza It ~~rtart . Burn Barrel Infarlnatian This page was last updated August 1, 2007 If you have suggestions on how we can improve this site, or if you have questions or problems, please contact us. If you have questions or problems wish this Web site, contact webmaster~?a pca.state mn.us Minnesota Pollution ConErol Agency, 520 Lafayette Road, SE. Paul, MN 55165-4194 Phone: 651-296-6300, 8D0-657-3864; 24-hour emergency number: 651-649-5451 or 80D-422-D798; TTY: 851-282-5332, TTY 24-hour emergency number: 651-297-5353 or SOD-627-3529 lvIPCA Web Site Policies http:/lwww.pca.state.mn.uslair/waodsmoke/bestpractices.html 11221200$ _. `Wood smoke -Cleaner Burning Appliances -Minnesota Pollution Control Agency Page 1 of 3 . innl~~~t~ ~c~ll~~i~n ~~r~tr~l Ag~~ I~cs~ts ~ ~'ste Inde~€ j ~lass~r~ ~ What's dew (Ask [~II~CA ~ ~lsitoe Center Wood Smoke Healih Effects of Wood Srr~ake 1lVood Burnjnq Best Practices Cleaner l3urnin~ Appliances Prob..I.~rr1slC.ompleint Related Pages: Air Ci~izort_Corrig~lar~~s This Web site contains PDF documents. that require Adobe Acrcbai for dewing. MP. CA k{o_me > Air > Waod Smoke > Cteaner Burning Appliances Wood Smoke •--Cleaner Burning Appliances Choosing a Wood Burning Appliance All wood-burning appliances are not created equal. A properly installed, correctly used woodstove should not release smoke in your house. It is important to use a good quality U.S. Environmental Protection Agency (EPA)-certified wood burning appliance that is properly installed and vented. Replace Stoves Manufactured before 1988 All woodstoves manufactured since 1958 must be EPA- certified, which means they use one-third less wood than alder stoves to produce the same heat. And EPA- certified woodstoves emit 50 percent to 60 percent less air pollution. EPA certified stoves are easy to identify because they carry a special label and hang tag. Newer EPA-certified wood stoves also save time. Because you get mare heat out of less wood, you'll spend less time chopping and re-loading your stove. Waod pellet and corn burning staves tend to be the most efficient and cleanest burning Waod appliances. The worst polluting wood-burning appliances are fireplaces and outdaar wood boilers. New standards far outdoor wood boilers are being developed because current appliances are big polluters and often annoy neighbors with their heavy smoke. Relative Ernissions of Pine Particles (PM2.5) Pollution in LbslMiliion BTU Source PM 2.S Iblrr~illion BTU Fireplaces 28 Uncertiiied wood stove 4.6 EPA-certified wood ,I 4 stave s~a~~l, EPA-Certified Wood Store e ~c~s~~v~ ~~'~.~ a+ m~.,~~ ~~~~~~ http:/lwww.pca.state.mn.us/air/waodsmoke/appliances.html 1 12 212 0 0 8 `Woad :woke ~ Cleaner Burning Appliances -Minnesota Pollution Control Agency Page 2 of 3 Pellef stave 0.49 Oil furnace OA'E3 Gas Furnace O.Q083 (source ~.5. F~'A) Though EPA-certified wand staves are much cleaner than uncertified staves or fireplaces, they still create 1G5 times mare harmful fine particles than a gas furnace. All wood stoves should be inspected and cleaned annually to prevent the buildup of creosote in the chimney and check for any leaks. Yf you already own a fireplace or noncertifeed wood stove, consider b>syireg a natural gas fireplace insert or EPA-certified wood stove to red>la<ce ~lne particles and improve efficiency. Just as faarnaces ar water heaters have a range of efficiency, so do wood stoves, Check the Lift of EP~mCerti~ecl Moves to Bred those .......... _ - ___ _ with the lowest emission rates. Certified Outdoor Wood-fired Hydronic Heaters If you are thinking of p>terchasing an outdoor wood boiler, consider a eanit with an orange EPA-certified tag. More cleaner-burning >lenits are es~pected within the next few years. For a list of EPA-certified bailers. visit the ~l'f~`s_~utdooi Woad fired 1~~jdt_o1~ic ~leaters Progratx> Web page. __ _ Links to Related Web Sites ayrpsauae swr7aa-rYh~o #1viaR~N#d H&h'Y`~~B' &~9@M$ @I~ht$5f~1M~ 3FhNd1@ [ _ - r ~ f . _ ,; ,... , ~V~A=y~JE ~ ~ ~ r~r~a-ria~ 6 ;~r;~eri~ i` E_ ~~~. ~~__ ~~ '1'L"18 j.'r~I~~1N5 <-« C lT11Cri3F15- '~= k,u`illt+i.l:,tilSri ~flr,'s 1t['~SE ti ~s n5f r -=-?it-!£'f1k: Y ,.... . • Wood Heafi Home Energy ~utde, Minnesota Source of above images: u.S. EPA DepartmenC of Commerce and Energy • E~,~. Cleaner.~3~~-nin~ ~ood._Sto_v..es and Fireplaces _ . E'1-~'s ~orttfied qutdnor Waod~fired Hydz~or>te.~eater~ P~•ogr~ra~ • l.~ist ofEPAmCertified Wood Stores -- - - _, • 1?xaxrlples of Labels an EPA _~ertitied Wood Stogie Labels • ~rr~oke Clets _in Your Lungs, ,State of New York ~f~ ce of the Attorile~° general, A1~gust.?0~5 _ _ This page was last updated August 1, 2007 If you have suggestions an how we can improve this site, or if you have questions or problems, please cr~nfact us. I#you have questions or problems with this Web site, contact v~ebmasteru~pc_a.sf_ate.mn.~s iNinnesota Pollution Contra! Agency, 520 Lafayette Road, St. Paul, EUIN &5165-4194 Phone; 651-296-6300, 800-657-3864; 24-hour emergency number: 651-649-5451 or 800-422-0798; TTY: 651-282-5332, TTY 24-hour emergency number: 651-297-6363 or 800-62T-3529 http://www.pca.state.mn.us/air/vvoodsmokelappliances.html 1 /22/208 City of LaCrosse WI Chapter 7 section 120.® (d) Fires shall not be started at a time or maintained when the wind speeds exceed fifteen. {15) miles per hour and smoke from recreational fires shall net create a. nuisance for neighboring property owners. No recreational fires shall be started when the wind wilt cause smoke, -. combustibles or~ather materials to be carried by the-wind toward any building or other combustible ®r flammable rrlaterlalse~~ OakPark Heights MN Recreational fires are permitted in Oak Park Heights but there are a few things you should know. First of all, your fire pit must be thirty six inches or less iu diameter and flames should be no higher than two feet: 'The fire- should be monitored 'by a coinpetenf adult with a garden' hose or fire ' ' extinguisher readily available in the event of an .emergency, ., . Make sure your fire is completely extinguished when you are done and never, ever leave a burning fire unattended! Only clean,.dry wood should be,used for a recreatiorAal.fire. It is: especially .hazardous to burn material such as treated wood in your backyard fire pit because recreational fires burn at a low temperature which produces a large volume of smoke. The smoke carries toxic fumes. which can be harrufizl to people gathered' around the fire. Painted wood, plastic and rubber will also give aft toxic fumes if burned. Materials such as leaves and ether yard waste will cause excessive smoke which is prohibited by City ordinance. In addition., it is illegal in the State of Minnesota (and has been since 1969) to burn household waste. Lastly, be a good neighbor -locate your fire where it want send smoke into your neighbor's yard or house and also be aware of wind conditions and burning bans. _ , f City of Onalaska, WI City of Onalaska Municipal Code provides regulations relating to the use of recreational fires. A recreational fire is defined as any small fire in an approved, self-enclosing port- able device ar non-combustible structure lo- cated at aresidence for the purposes of recrea- tion and personal enjoyment. With the excep- tipn of fires used in approved outdoor cooking devices that are fueled by natural gas, pro- pane, or charcoal, a city permit must be ob- tained prior to having a recreational fire. An informational safety brochure shall be issued with each permit. 1. Recreational Fire Season and Cost: Season March 1-November 30 Seasonal Rate $40.00 Renewal Rate $4D.DD 2. Burning Times: '7:00 a,m. - 11:00 p.m. 3.Minimum Safety Procedures to be follotived: Recreational fires shall be no closer than 15 feet from any building, struc- ture, property line, or any other com- bustible materials. Nor shall a per- son maintain a fire for more than four continuous hours per day. RECREATIONAL FIRE PERMIT AND USE REQUIREMENT5 Only portable devices or non-cotubnstible structures that are listed and approved and have lids and ember arresting screens shall be used. Portable devices (Defined as devices commer- ciarly designed arcd intended to cantaira aatd corttral outdoor wood fires} shall be used lAW the manufacturer's recommendations and must be employed upon anon-combustible surface. The width of the non-combustible surface must be twice the height of the approved portable device ornon-combustible structure. All recreational fires shall have a diameter of no more than 3 feet and may not extend more than two feet high. No person shall maintain a recreational-fire in an approved portable device ar non-combustible structure so that flames ex- tend beyond the fire chamber. All lids and ember arresting screens shall be properly employed and intact during recrea- tional fires. No recreational fire shall be started or allowed to continue burning when the wind direction or wind speed will cause smoke, embers, ar other buzning materials to be carried by the wind to- ward any other combustible andlor flammable materials. Wind speeds MAYN41" be in excess of 10 mph. Smoke from any recreational fire shall not cre- ate anuisance for neighboring property owners. Persons with permits are encouraged to speak with surrounding neighbors regarding recrea tional fire usage to reduce the possibility of nui- sance complaints. The fiire shad be extin- guished immediately upon the complaint of a neighboring property owner in regard to nui- sance smoke. Material for fires shall not include rub- bish, garbage, recyclable .items, trash, any material made of or coated with rubber, plastic, leather or petroleum based mate- rials, and shall not contain any flammable or combustible liquids. Only clean, dry, and untreated wood shall be burned, provided that the wood does not extend outside of the fireplace. NO CONSTRUCTION MATERIALS. Either a charged water hose, or a 5-gallon water bucket, or a 5-lb ABC fine extin- gnisher must be available in a safe loca- tion near the recreational fire. All recreational fires shall be attended by at least one responsible person of age 18 or older from the ignition of the fire until the fire is completely extinguished. No person may use approved portable devices ornon-combustible structures above the ground floor an premises viceu- pied as a multi-family dwelling, hotel, motel, boarding house, dormitory, bed and breakfast establishment, commercial or industrial building. The renter/Iessee of any leased pzaperry must provide written documentation frnm the owner, giving permission to have a recreational fire on that property. The property owner andlor person who has started any recreational fire shall hold the city harmless from any and all such liability far any damages caused by a recreational ftre. Minnea~®ii~ e) Wind Conditions -- Recreational. fires shall not be conducted if wind conditions exceed 10 anph ~~ P~ ~ I Yes, you can have a recreational fire on your property if you meet the safety requirements of the State Fire Code. The major requirements are to keep the fire at least 15 feet from any combustibles. limit the fire size to three feet wide and two feet high, and attend the fire at all times, have the means to extinguish the fire, and do not have a fire if the wind speed is 10 mph or more. For a complete list of requirements call the Fire Prevention ®ivision at 661-ZZ8-623®. Eden Prairie 1. The size of the Fire must be limited to a 3 foot diameter and must be at least 25 feet from any building or combustible structure such as decks or fences. 2.Only wood may be burned, with a minimum of 1 inch diameter. No brush, yard waste, or treated wood may be burned. 3. No rubbish can be burned at any time. 4. A responsible adult must be present at all times. 5. The fre must lae located on your own property, Tf the Fire is in an easement area, you must have approval from all involved parties. 6. Fires are not allowed if winds are in excess of 15 miles per hour. 7. A means of eontrolling or extinguishing the fire must be available at all times. (Garden hose, shovel and loose dirt, for example) $. You must check the status of burning bans before you start your fire by calling the Eden Prairie Recreational Fire Tnfo Line at 952~949~13391. This information is also available on the City web pages at v~~nrvu.eder~prairie.arg. 9. Flours for recreational fires are limited to 7:00 a.m. -12:90 a.m. (midnight). 10. Any police or fire officer may withdraw permissiorrfor the fires due to climatic conditions, extreme dryness, nuisance problems, or violations of these guidelines. 11. A current copy (less than one year old) of these guidelines serves as your permit and must be on site. Copies of this are available on the website or from the 1=ire Prevention Bureau. A printable pdf version of the Recreational Fire Guidelines is located on the left side°bar of this page, Tf you have any questions regarding these guidelines or to obtain copies, please contact: Allen Nelson Shorewood so~.1o ~ ~ B~ ®~ A~~ ~~~,~~~ A~~~T. ImTv recreational fre or open bl.~.n will be permitted with the city or I~1\TR has officially declared a burning ban due to potential hazardous fire conditions or when the 1VIPCA has declared an Air Quality Alert. Burnsville 1. Phone the Reereakional Burning Hotline at 952-g95~46G6 prier to starting tlae ire. There may be a temporary burning ban in place if conditions warrant, 2. Clearanoe from structures and combustible fencing must be at least 2S feet. Distances to property line must be at least 1S feet.~ize of the pile is limited to 3 feet in diameter and 2 feet in height. The ground within S feet of the base of the fire must be cleared of all combustible material, such as grass or weeds. 3. The fire must be extinguished by 11 p,m. '1'he length of time of the fire must be reasonable so as not to disturb neighbors. 4. Homing shall not be used for the purpose of disposal of rubbish, trash, and yard debris, Leaves or combustible waste materials. Only firewood burning is allowed. Construction materials, painted and treated lumber are not permitted. 5. Provide an available water supply such as a garden hose at the site. 5. A responsible adult must be present during the burning and constantly attend the fire until it is extinguished. 7. Do not burn if conditions are windy or it is very dry. Permits already issued may be canceled due to dry conditions. Bloomington A recreational fire is a fire used far cooking, warming or ceremonial purposes, which is not more than three feet in diameter and two Feet in height. Recreational fires are limited to homing hours between 7 a.m. and midnight. • Recreational fires must be 25 feet from any property Fine, structure or combos#ible material. • Fire extinguishing equipment such as buckets, shovels, garden hoses or a fire extinguisher with a minimum 4-A rating shall be readily available. • Recreational #ires shall be constantly attended by a person knowledgeable ]n the use of fire extinguishing equipment. • 8e aware of wind speed; if the winds are greater than t0 miles per hour no recreational fire should be started or continued. Wind direction in relation to neighboring properties is also important so the smoke does not negatively impact those neighbors. only clean, dry wood such as twigs, branches, limbs, "presto logs," charcoal, cordwood or untreated lumber may be used. No wand with leaves or needles (green), rotten, wet, oil soaked or treated with paint, glue or preservatives may be used. A recreationaE fire will be immediately discontinued if the authority having jurisdiction determines the fire is creating a hazardous condition. Information Sheet Questions? Contact the Fire Prevention Division at 952-563-8933 or Fire Marshal [gene Dugai at 952-563-89fi7. Mendota Heights *Fires must be extinguished within 3 hours after they are started, but not later than 11 PM. *Use clean and dry wood only (no refuse, grass, leaves, logs over S inches in diameter, paper, garbage or other combustibles.) "The size of the fire cannot be more than 3 feet in diameter, and flames must not reach a height in excess of 3 feet. *No fire shall be within 20 #eet of any building or structure. *Ameans of extinguishment must be in the immediate area of the fire. *No fire shall be started or maintained in dry conditions or winds over 15 MPH *Recreational fires must be constantly attended by a competent person until the fire has been completely extinguished. *The Fire Chief or his representative is authorized to prohibit, suspend, or further restrict ail fires should atmospheric, drought, wind, state or local circumstance or conditions warrant or dictate such ac#ion. Violation of any of these regulations may result in the issuance of a citation. The test will begin immediately and continue through June of next year when it will be re-evaluated. If you have questions regarding these reg- ulations, call Fire Marshal Paul Kaiser at {651}452-1850. EDlNA 1.All recreational fires shall be considered open burning and permit shall be required. Recreational fire permits may be obtained at the Edina Fire Department, Station 1 or online at www.cityofedina.cnm 2.Recreational fires must be on private property and the property owner shall make application for this permit. 3.Permits are valid only for the calendar year. 4.Fires are not permitted before 7 a.m. on any day of the week. Fires are not permitted after 10 p.m. Sundays through Thursdays nor after midnight on Fridays and Saturdays. . 5 .Fires shall be contained within a fire ring, pit, or similar device constructed for Such IISe. 6. The fire steal{ not be located within 25 feet of any structure unless contained in a fireplace or manufactured wood-burning appliance, designed for burning wood, and having an enclosed firebox andlor screening. 7. The fire in a wood-burning appliance shall not be located within .1Q feet of structures. 8.The area within a 5-foot radius around the fiire or device shall be reasonably clear of combustibles. The area directly above the fire shall be clear of all combustibles. 9.Notify your neighbors about your recreational fire. 1.An approved form of fire extinguisher shall be readily available at all times. This may be an extinguisher, hose, or other equipment designed for such use. 2.The wood to be burned shall be clean and produce little detectable smoke or odor. Only spli# and dry fireplace wood, minimum 3 inches in diameter shall be used. No treated wood, construction materials, yard waste (leaves, grass, twigs, etc.) shall be burned. 3.OIIs, combustible .and flammable liquids, rubber, plastics, chemically treated materials, construction materials, hazardous waste, and rubbishltrash, shall not be burned ar used as starting material. No flammable nr combustible liquids shall be used to kindle or rekindle a fire. 4.In all cases, the total fuel load of the fire shall not exceed 3 feet in diameter and 2 feet in height. S.The prevailing wind at the time of burning shall be away from nearby residences and must be less than 15 mph. 6.The fire must be attended at al] times by at least nne responsible person 18 years of age or older. 7.The fire must be completely extinguished before leaving it unattended. (Use care when extinguishing the fire to avoid throwing embers into the air and to prevent damage if a manufactured device is in use. R~BBINSDALE RECREATIQNAL FIRES The City of Robbinsdale prohibits all open burning with the exception of recreational fires. A recreational frre is a small fire set for cooking, waz~ning, or ceremonial purposes. A Recreational Fire Permit is required far all recreational fires. Recreational fires shall, he conducted i~ a fire pitlring made a maximum of three feet in diameter, a maximum of three feet high and miuitnum of one foot deep. The pit shall be constructed of a block or rack border. Alternatively, a commerciaIly manufactured wood-burning device such as a Coleman or Weber frre pit may be used, as approved by the Fixe Marshal. Chimeneas or ceramiclciay type fire pitslpots are prohibited. The flame height shall not exceed three feet above the base of the fire. Recreational fFres shall not be conducted within 25 feet of any structure, combustible wall, fence, deck, roof or other combustible materials. ONLY CLEAN, DRY FIREWOOD SHALL BE USED. Oils, rubber, shingles, painted or treated lumber, leaves, trash or garbage shall not be binned or used as starting materials. All recreational fires must be conducted between the hours of 9 a.m. and ~ 1 p.m. Applications far Recreational Fire Permits are available at City Hall. Annual Recreational Fire Permits cost $25.00. All Recreational Fire Permits expire December 31 of the year issued. Violation of the recreational fire laws could result in the loss of the right to have recreational fires and may cause a citation to be issued. For mare information on Recreational Fire Permits, call the Robbinsdale Fire Department at 763-531-1220 ox 763-531-1235. Mobile conking devices such as manufactured charcoal, propane or natural gas grills, wood smokers, and propane or natural gas cookers are NOT defined as recreational fires, and do not require a permit. VADNAIS HEIGHTS R~r~ti~r~l Firs ri~~~~ People often enjoy sitting in the yards, having fun gathered around an outdoor fire. To keep you and your family safe, please pay attention to the recreational fire ordinance. Among o#}aer things, the ordinance says: "Recreational fires" are small fires for cooking or other recreational purposes and not for the purpose of disposing of any refuse or other material. Such fires shall: Be located no closer than 3S feet from a principal structure, 25 feet away from any other structure, and 10 feet from a lot line; •Be located within a fire pit surrounded by racks, concrete, or metal; •Not exceed three feet in diameter or three feet in height; •Not be allowed if wind is causing smoke to blow into other homes; •Be constantly attended by a responsible adult; •Be located near a readily available supply of water, such as a garden base; •Not be located within five feet in any direction from any combustible material; •Be limited to one location on a parcel of property; •Be subject to the fire marshal's authority to place a ban on recreational fires. Fire Permits -Recreational Recreational fires are allowed within the City of Little Canada per Section 2002.010 of our Municipal Code. No permit is required for them and you do not need to notify our Fire Department or Sheriffs Department. However, you must follow these simple rules: • Contain the fire in a fireplace, pit, or firering designed for recreationa! or cooking purposes. • Fires should be small - no larger than 3' x 3' x 3'. • Fires must be located at feast 2~ feet from the nearest structure andlor motor Vehicle. • Keep a water supply or other ire-extinguishing equipmenfi available. • Only clean wood may be used as fuel -- no fire accelerants are allowed. • No yard waste (leaves and grass clippings) may be burned. • An adult must be in constant attendance until the fire has been extinguished. • No fire shall be permitted during winds in excess of 10 m.p.h. A recreational fire must be extinguished immediately if it generates smoke that becomes a nuisance to adjacent or nearby properties. 1111HITE BEAR LAKE Open, Recreational Fires Small, open fires for recreational purposes will be allowed in the Township without a permit. Open fires must meet the following requirements: Size: The fire inay not exceed two feet in diameter or three feet in height. Setbacks: The fire must be located at least 1S feet from the nearest structure and at least 2S feet from the nearest motor vehicle. Area: The fixe must be placed in a fire pit or non-combustible fire ring that is 6 inches deep and at least 3 feet in diameter. Material: Only clean wood may be used. No yard waste {such as brush smaller Phan one inch in diameter, leaves, or grass clippings}, no refuse, rubbish paper, and no oil, rubber ox similar smoke producing material may be burned. Curfew: No fires between midnight and 6 a.m. Supervision: Fire must be constantly attended by individuals over l8 years of age until extinguished. Approval: No person shall kindle a fire upon the land of another without obtaining permission. Control: A means of controlling the fire {such as a hose or bucket of water} must be at the site. Smoke: Fire must be extinguished if smoke becomes a nuisance to nearby properties. Information: For more information please contact the Fire Department, {6S1)- 429-SS68. I've included the recreational fire ordinances of the following communities: Mixtneapolis, St Paul, Eden Prairie, Shoxewoad, Bloonnington, Mendota Heighfis, Edina, Robbixasdale, Vadnais Heights, Cattle Canada, White Bear Lake, LaCxosse Vdl, Oak Park Heights MN, Onalaska WI. -Maplewood could adopt these ideas commonly cited in These rec fire . oxdinances: - . only burn when wind speed is under 10 mph must call a recordeii iiuimber to deterxitizie i# there is'a turn-ban (sue to dryness or air guality} Eden Prairie has this, l?den Prairie Recreational Fire Info Line 952-944-8391 - must be extinguished if it is a nuisance to a neighbor no chitzuneras or ceramic /clay fireplaces any police officer may withdraw permission foi fires due to repeated•xiuisar}ce problems. . . Passible New ideas forMa lewood , limit hours. Yes, Map~ewood already has the most restrictive hours-it's 2-~.1. Most rec -fire hours are 9ani to midnight! Who really has a rec fire in the afternoon or morning. Mgsk likely this is a nuisance burnng. Would probably result in less police nuisance calls if there was no daytime burning. , at least one or two days a week (more!} should be smoke free. JaAnn Fuxxk ~ : - $80 South Lakewood Drive Maplewood MN 55J.19 ..b5x-739-4510 ~ , AGENDA REPORT Agenda Item L4 TO: City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Budget Modifications -Revisions to Management Structure and Creation of Assistant City Manager /Community Development Director Position DATE: February 20, 2008 Revised Report from Feb 11th Meeting - as noted below INTRODUCTION On December 27, 2007, the City Council approved the final budget for 2008. Included within that budget was a management structure and positions of Finance and Administration Manager, Citizen Services Manager, and Public Safety Manager. The Finance and Administration Manager and the Public Safety Manager are positions that City Manager executed contracts for these positions. The contracts were not approved by the City Council. The Citizen Services Manager is also the City Clerk. She has no contract. I am recommending that these three positions be eliminated from the 2008 Budget as a revision and that we add the position of Assistant City Manager /Community Development Director. Approval from the City Council of these revisions is required to proceed. Background On December 3rd, the Council conducted a Truth in Taxation Hearing on the 2008 Budget. As part of that presentation and information provided to the staff, it was proposed that three positions [two planners and a clerk position in the Citizen Services area] within the City be eliminated as part of the 2008 Budget. On December 10, 2008, the Council was debating this information, and in my position as Public Works Director, I suggested to the City Council that a number of the Department Heads were prepared to make adjustments within their budgets that would allow the City Council to retain the three positions. The Budget was approved on December 10, 2008 with the provision that the Department Heads provide a recommendation to the City Manager and Finance and Administration Manager that would retain the three positions. The recommendations were provided by the Department Heads. The City Manager and Finance and Administration Manager provided revisions to the City Council at their Special Meeting on December 27, 2007 that retained those three positions by eliminating some vacant positions and reducing travel and training, along with a couple of other lesser adjustments. The three positions all were added back into the approved 2008 Budget, even though it was proposed by the Department Heads that one of the Planner positions should be eliminated, since one of the planners was to be transferred to a separate Department and the position of Environmental Planner; a position that was part of the approved budget. Proposal The budget includes the three Management positions of Finance and Administration Manager, Citizen Services Manager and Public Safety Manager. These positions create a separation between the City Manager and the Department Heads. I believe and recommend that this is not a productive nor efficient management structure for the City. The City Manager is responsible for the day-to-day operation of the City and should be in direct contact with the Department Heads who have direct control over the budgets and programming expenditures within their areas of responsibility. Establishing a layer of responsibility between this reduces the effectiveness of communication and I believe does not provide for direct feedback [both positive and negative] between the City Manager and the persons responsible for the programs. In addition, the level of responsibility required of two of the Manager positions is overwhelming and in my opinion, not reasonable to assign to any individual. I believe that the Finance and Administration Manager and the Citizen Services Manager with their dual responsibilities of Finance Director and City Clerk/Recreation Director, respectively, cannot adequately perform the dual duties with enough time and dedication to provide the necessary oversight and direction. Budget Revision Page Two Proposal Review The position of Assistant City Manager /Community Development Director was an approved City position and budgeted until it was eliminated in the 2007 budget after Melinda Coleman left for the private sector in June 2006. The position originally provided 50% of the time as direction to the Community Development Department and the remaining 50% assisting the City Manager and HR Director with overall City operations. It is proposed that this position be placed back into the budget and filled immediately. With Comprehensive Planning and redevelopment activities, there is a critical need for direction in Community Development. The estimated cost of the position with benefits in 2008 would be $168,000 annually, which would be a top pay range of $112,000, which is consistent with the pay range adjusted from 2006. Since the position will not likely be filled until April 2008, if this action is approved by the City Council, the 2008 expenditure for this position would be $110,000. The Manager positions would be adjusted as follows: 1. The Finance and Administration Manager has a contract that expires on March 8, 2008. It is proposed that this position be eliminated, allowing the current contract to expire and that the position of Finance Director be recreated at approximately the same pay rate as the Manager position. The HR Attorney and City Manager will need to develop and work with Mr. Mittet to determine an appropriate transition to this position or other alternatives. For budgeting purposes, the revision should be neutral, although the Council needs to create the position of Finance Director with the understanding that the Finance and Administration Manager position is being eliminated. A motion approving this action is recommended. The action to fill the position and the personnel decisions will be made by me as the City Manager. 2. The Citizen Services Manager position is not under contract although it is identified within the budget. Again, this is a revenue neutral revision in that the recommended motion would be to create the position of Citizen Services Director and eliminate the position of Citizen Services Manager. The personnel decision will be made by the City Manager. The HR Attorney and City Manager will work through any considerations of the 2 new positions within bargaining units. 3. The Public Safety Manager position was filled in October 2007. The attached contract creates some issues with this position. It is proposed that this position be eliminated. Current assignments for this position include filling in for the Code Enforcement Officer who is on medical leave; attendance at Emergency Management Courses and review of ordinances. Elimination of this position should not adversely impact the overall operations of the Fire and Police Departments. The contract, because it was not approved by the Council is in question, especially the provisions for payment of 50% of the salary if the position is eliminated prior to March 9, 2009. The HR Attorney and City Attorney are reviewing this matter. The current Manager has requested that he be able to return to his previous position of Assistant Emergency Management Director, which is currently a budgeted position. If this action is approved by the Council, the current Manager would be terminating his duties as Public Safety Manager on February 29, 2008 and resuming his duties as Assistant Emergency Management Director on March 1, 2008. The contract issues will require additional legal analysis and negotiation with the current Public Safety Manager. Financial impacts in any scenario will be positive to the overall budget if the position is eliminated. 4. As part of the duties of the proposed position of Assistant City Manager /Community Development Director, the position of planner, who moved to the Environmental Planner, is no longer required, as well, this position will likely reduce some of the need for the HR Attorney. The HR Attorney is currently on a retainer of $6,600 per month. This will result in a savings of $95,000 from the Planning Division program for elimination of the Planner and at least $36,000 annually [$24,000 in 2008] in reduced reliance on the HR Attorney. Budget Revision Page Three Budget Impact The funding for this proposal on an annual basis is as follows: • Creation of Finance Director $ 0 • Creation of Citizen Services Director $ 0 • Elimination of Public Safety Manager -Police Program $(133,596) • Elimination of Planner -Planning Program $( 95,000) • Reduction in HR Attorney Fees -Admin Program $( 36,000) • Creation of Assistant City Manager -Admin Program $ 84,000 • Creation of Community Development Director -Planning $ 84,000 • Net Annual Savings to Programs based on 2008 Dollars $ 96,596 Approval Process -This section has been updated from the Feb 11th report Separate motions for each action are recommended. Attached are two items to address some issues that have been brought forward. The first attachment is a copy of the Approval of Minutes. The key issue appears to be the motion approving the 2008 Budget was direction that "...does not remove any existing Maplewood personnel from employment in the City of Maplewood ....". The second attachment is a copy of Minnesota Statute 412.731 which describes the process for Modification of the Budget. As noted in the February 11t" Meeting memo, this is action that generally would fall under the responsibilities of the City Manager. The specific tasks and assignments of individuals that fill positions are solely the responsibility of the City Manager. City Attorney Kantrud has indicated that since this item could be completed without a budget revision, that the City Manager has statutory authority to make personnel decisions and appropriate position assignments without requiring a vote of the City Council. The motions and information are intended to indicate possible costs savings; however, because the Statute indicates reduction of sums, which is not necessary, the four-fifths vote does not appear appropriate according to Mr. Kantrud. That debate; however, is not the intent of bringing this forward. The item of each action is important to consider under the direction that we want to have a Management Structure and appropriate staffing situation that will be attractive to retaining a New City Manager. I understand the balance needed to allow a New City Manager make the management structure decisions; however, the recommendation is based upon the current thinking: 1. Mr. Mittet's contract expires on March 8, 2008. Any raises or re-appointments would require a new contract with Mr. Mittet. It does not seem appropriate that an employee have a contract, which our attorneys contend should be approved by the City Council. By placing employment contracts for employees in front of the City Council takes authority for the City employees away from the City Manager, which is the intent of the Plan B form of government. A position of Finance Director seems much more appropriate for Mr. Mittet, since in the past year, that has been the vast majority of his tasks. A New City Manager candidate is likely to want to have direct authority over the Department Heads, including his Public Works Director, Community Development Department and IT staff, rather than though a Manager. 2. Ms. Guilfoile does not have a contract, although she is covered as a City Clerk under the MCSA contract, but is paying dues based on her Citizen Services salary. This should be clarified. No Department Heads would be affected by this action. Budget Revision Page Four 3. The Public Safety Manager position of Mr. Dollerschell's was hired in October 2007. There is debate as to whether this contract is valid based upon the provision for a buyout if the position is eliminated. Mr. Bethel has conducted preliminary discussions with Mr. Dollerschell about a fair settlement that would allow Mr. Dollerschell to return to his previous position of Assistant Emergency Management Director. It is highly unlikely that a settlement cannot be achieved that would avoid any personnel lawsuit over this contract. Similar to the other Manager positions, the New City Manager candidates are going to want to have direct supervision over the Department Heads within the overall organization. Any concerns related to performance, expenditures or personnel should be dealt with on a first-hand basis with the City Manager directly with the individual Department Heads responsible for the Department operations. The Manager positions are not overseeing any of the operations under the current scenario. This is an expensive Manager position that inhibits a City Manager from dealing with Public Safety issues. The money for this position could be best used for other Public Safety needs. 4. The elimination of the Planner position is appropriate since the existing person in that position, Shann Finwall, has transferred to the position of Environmental Planner. The position is vacant and a cost savings should be realized. 5. The Assistant City Manager /Community Development Director position should be an attraction to any New City Manager candidates. Maplewood has numerous issues that need some immediate attention. If we assume that a new City Manager is not brought on board until later this summer at the earliest, this position would help to address some current very pressing needs such as the Comprehensive Plan (a huge undertaking which could use overall guidance from a Department Head), Gladstone (where the developer has not moved forward at this time), South Maplewood (where we need a fresh perspective to protect our resources coordinated with development pressures), Gethsemane and other Senior Housing proposals (where an overall plan coordinating request for City assistance for market rate housing are viewed on a City-wide revenue basis) along with personnel issues related to Union contracts (which all expire at the end of 2008) and a major potential financial problem in addressing the major increases facing Maplewood and it's employees for health care. We are currently under contract with Mr. Bethel for $72,000+ per year. Mr. Bethel does a very good job, but he only offices with us on Tuesday and Thursday during the week. We need to coordinate better with our HR personnel, a task that any potential new City Manager candidate is going to want to know is appropriately staffed. This is an important position for both short-term and long-term to address our needs. Due to the personnel issues, it is recommended that this be a non-union position. Conclusion: These items are potentially controversial in changing operations. I recommend each of them. However, it may be more appropriate to table some of these items for discussion as part of the City Manager -City Council retreat. It seems that Items #1, #2 and #4 are easiest to address and could use action in the short-term. The status of Mr. Dollerschell and the Assistant City Manager /Community Development Director position require more discussion and debate prior to implementation. A tabling action might be best if no agreement among the Council members can be reached. RECOMMENDATION It is recommended that the City Council approve the following revisions to the 2008 Budget: 1. Creation of the position of Finance Director position at a cost approximately equal to the position of Finance and Administration Manager, which position shall be eliminated. The Acting City Manager and HR Attorney are directed to implement this position into the overall Bargaining Group structure as required by overall agreements. 2. Creation of the position of Citizen Services Director position at a cost approximately equal to the position of Citizen Services Manager, which position shall be eliminated. The Acting City Manager and HR Attorney are directed to implement this position into the overall Bargaining Group structure as required by overall agreements. 3. Elimination of the position of Public Safety Manager from the overall budget. The HR Attorney and Acting City Manager are hereby directed to investigate the current contract with the Public Safety Manager and are authorized to prepare a separation agreement. 4. Elimination of the position of one planner in the Planning program. 5. Creation of the position of Assistant City Manager /Community Development Director at an annual cost in 2008 dollars of $168,000, including all benefits and employee expenses, with a top pay range of $112,000. The HR Attorney and Acting City Manager are authorized to implement this position into the overall City programs as necessary. Attachment: 1. Robert Dollerschell Employment Contract 2. Robert Mittet Employment Contract 3. January 14, 2008 Approval of Minutes from December 10, 2007 4. 2007 Minnesota Statutes 412.371 Modification of Budget L4 Attachment 1 CITY OF MAPLEWOOD EMPLOYMENT CONTRACT This agreement is entered into on.October 1, 2007 by and between the City of the Maplewood (hereinafter `CCity" or "Employer"} and RobeitDollexgcheIL 'This agreement sets forth all terms and conditions of employment concerning the contract appointment of Robert Dollerschell, (hereinafter "Employee") to the position of Public Safety Manager. A. TERM OF APPOINTMENT This contract is to have a fixed term beginning an October 1, 2447 and terminating on ~~ .The contract will terminate automatically on the termination date unless the appointment is extended prior to the termination date in writing signed by both parties as provided for in this contract. If the contract is extended, it will terminate automatically upon the new expiration date, unless terminated earlier at the will of either the Employee or the City. B. DUTIES AND RESPONSIBILITIES The duties and responsibilities shall be those set forth in the job description annexed hereto and incorporated in this agreement. Additional duties may be assigned and the jab description may be modified from time to time by management in order to accommodate changing circumstances and needs. The duties and responsibilities sfiall be conducted in accordance with al 1 app 1 i c ab 1 e 1 aw s and the City`s policies, procedures, and rules as established by management. The Employee agrees to perform all the duties set forth in this job description as well as those assigned by management. C. HOURS OF WORK This appointment is at 100 percent of full time. Generally, the work hours fox this 1 position shall be from 8:00 a.m. to 4 : 3 O p.m. and the normal workweek shall be Monday to Friday . As required by the City, the Employee shall schedule hours to accommodate operational needs, including but not Iimited to city council meetings on Monday evenings. As an exempt Employee, the Employee will not receive overtime compensation or compensatory time off or additional compensation beyond the established salary far the position; greater emphasis is placed on meeting the responsibilities assigned to the position than on working a specified number of hours. The City acknowledges and agrees that Employee shall be allowed to still take his already scheduled vacations set far November 5-13 and 20-27, 2007, and January 27- Febraary 3, 2008, as Employee had already booked and paid for same prior to receiving this offer. D. COMPENSATION AND GENERAL BENEFITS 1. Salary This salary for this position is $ 8 5 , 0 0 0.0 0 per year for work at 100 percent of full time. Changes in salary shall be only by contract xevision. 2. Benefits The Employee shall be eligible for City health and welfare benefits in accordance with the benefits eligibility requirements of the City. 3. Policy Applicable to Employee The City of Maplewood Personnel Policy as currently set forth on the City of Maplewood Intranet is applicable to this position and is incorporated into this agreement. This policy maybe changed by the City Manager at any time. 2 E. TERMINATION BENEFITS. In the event that Employee is terminated by the Employer or the City eliminates the position of Public Safety Manager during such time that Employee is willing and able to perform the duties of Public Safety Manager, then in that event, Employer agrees to pay Employee at the time of receipt of (his/her) last pay check a lump sum cash payment equal to six months aggregate salary and to continue to provide and pay far the benefits set forth in the City Personnel Policy for a period of six months following such termination or elimination of position. However, in the event Employee is terminated because of his malfeasance, gross misconduct, conviction for a felony, or conviction ,for an illegal act involving personal gain to Employee, then Employer shall have no obligation to pay the termination benefits. If Employex at any time during the employment term reduces the salary or other financial benefits of Employee in a greater percentage than across-the-board reduction for all nan-union Employees, or if Employer; refuses, following written notice, to comply with any other provision if this Agreement benefiting Employee, or Employee resigns following a formal suggestion by EmpIayer that he resign, then Employee may, at his option, be deemed to be "terminated" on the effective date of Employee's resignation and the Employee shall also be entitled to receive the 3 termination benefits set forth above. If Employee voluntarily resigns his position with Employer, Employee agrees to give the Employer thirty (30) days advance no#ice. If Employee voluntarily resigns his position with Employer, there shall be no termination pay due to Employee. F. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of Employee at any time, for any reason, subject only to the provisions of this Agreement and statutory requirements. Furthermore, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with Employer, subject only to the provisions of this Agreement. G. TRANSFER BACK iZ~TO PRIOR POSITION. Employer agrees that, at Employee's option, Employee may elect to return to his previous position of Assistant Emergency Management Director at the same rate o;f pay and hours as Employee received prior to beginning his work as Public Safety Manager. Any such election by Employee will ;be considered a voluntary resignation of his position as Public Safety Manager and shall be treated as such pursuant to this Agreement. 4 1 G. GENERAL PROVISIONS This contract constitutes the entire agreement between the parties and supersedes any other agreement w~ or oral. The terms of this agreement may be modif ed only by subsequent written agreement signed by both parties. In the event that any part of this agreement is declared or rendered invalid by court decision or statute, the remaining provisions of the agreement shall remain in full force and effect. Minnesota law shall govern the interpretation and construction of this agreement. EMPLOYEE SIGNATURE SIGNATURE R Y LEWOOD DATE: ~ d ~~ DATE: ~ [This employment contract is not effective until the Employee has completed all required paperwork necessary to become a C i ty contract Employee.] 5 L4 Attachment 2 CITY OF MAPLEWOOD EMPLOYMENT CONTRACT This agreement is entered into on ~ by and between the- City of the Maplewood (hereinafter "City" or " m oyer") and. erf- PSI r'1~- r. fi ^ This agreement sets forth all toxxin~s and conditions of employment concerning the ~~ contract~ap~' Intment of ICo1o~y+` Nh Mkt hereinafter "Employee") to the position of ~y ~ , f A. TERM OF APPOINTMENT-INDEPENDENT CONTRACTOR OPTION Initially, at the option of the City, the parties agree that Employee maybe hired as a part time independent contractor in order to allow Employee to remain working at his current position while beginning to assist the City during a transition period. While working as an independent contractor, no benefits. as set forth herein shall be .paid, but the duties shall be performed as required by the job and the independent contractor shall set-his own hours to accomplish said duties. Further, at the option of the City, it is anticipated that such independent contractor status shall be changed to the status of full time employee upon Employee's notification to the City of the conclusion of Isis obligations to his former company. Employee,specifically agrees that upon notice from the City that it is changing Employee's status to full time employee, Employee agrees that he shall be bound by this agreement to all the additionalterms and conditions herein, including but not limited to the fixed term for employment set forth herein. This contract far full time employment is to have a fixed term beginning on ~ D and terminating on a D .The contract will terminate automatically on the termination date unless the .appointment is extended prior to the termination date in writing signed by b~thparties as provided for in this. contract. If the contract is extended, it will terminate lutamatically upon the new expiration date, unless terminated earlier at the will of either the Employee or the City. B. DUTIES AND RESPONSIBILITIES The duties and' .responsibilities of the Employee shall be those set forth in the job description annexed hereto and incorporated in this agreement. Additional duties may be assigned and the job description may be modified from time to time by management in order to accommodate .changing circumstances and needs. The E m p I o y e e's duties and responsibilities. shall be conducted in accordance with all a p p l i c a b l e laws and the City's policies, procedures,. and rules as established by management. The E mpioyee agrees to perform ali the ..duties set forth in this job description as well as those assigned by management. ~~~~~ ~, w `f C. HOURS OF WORK This appointment is at 100 percent of full time. The-work -hours for this position shall be from 8:00 a.m, to 4 : 3 0 p.m. and the normal workweek shall be Monday to Friday . As required by the City, the Employee shall schedule hours to accommodate operational needs, including but not limited to city council meetings on Monday evenings. As an exempt employee, the Employee will not receive overtime compensation or compensatory time off or additional compensation beyond the established salary for the position; greater emphasis. is placed on meeting the responsibilities assigned to the position than on working a specified number of hours. D. COMPENSATION AND GENERAL BENEFITS ~~ ~~ 1. Salary ~h ~-----~- This salary for this position ~ 4L1 d per- for work at 100 percent of full time. Changes in salary shall be only by contract revision. 2. Benefits The Employee shall be eligible for City health" and welfare benefits in accordance with the benefits eligibility requirements: of the City. The City shall contribute to PERA as required. by State iaw or to an authorized alternate pension plan if selected by employee. 3. Poli„y AR llp cable to All Contract Employees The City. of Maplewood Personnel Policy attached hereto is applicable to this position and is incorporated into this agreement. This. policy may be changed by the City Manager, at any time. E. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in this Agreement shall prevent, limit or otherwise. interfere with the right of Employer to terminate the services of Employee at any time, for any reason, subject only to the provisions of this Agreement and statutory requirements. Furthermore, .nothing. in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from (his/her) position with Employer, subject only to the provisions of this Agreement. F. GENERAL PROVISIONS This contract constitutes the entire agreement between the,,.parties and supersedes any other agreement wrlUbsen or oral. The terms of this agreement may be modified only ;~; .h by subsequent written agreement signed by both parties. In the event that any part of this agreement is declared or rendered Invalid by court decision. or statute, the remaining provisions of the agreement shall remain in full force and effect. Minnesota law shall govern the interpretation and construction of this agreement. EMhLOYEE SIGNATURE DATE: ~ ' ~ ' O'7 SIGNA URE FO E CI OF LEWOOD DATE' [This employment. contract is not effective .until the employee has completed all required paperwork necessary to become a C i ty contract employee.] -~ E. H. 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 anv existing Maplewood_ }personnel from employment in the City of Maplewood including to retainin~c the two Planning positions and the Business License Specialist position that was proposed to be removed. Councilmember Rossbach moved to a rove the December 10 2007 cit council meetin 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. AnpnintmentslPrese~tations items H1 and H2 ahead of the Public Hearin because it wasn't time to be iltt the Aublic hearing vet. Seconded by Councilmember Juenemann. Ayes -All The motion passed. APPOINTMENTSIPRESENTATIONS (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, 2808 Clty Council Heating ~ 412.731, Minnesota Statute 200 Minnesota Statutes Page 1 of 1 412.731 MODIFICATION Uli BUDGET. After the budget resolution has been adopted the council shall have no power to increase the amounts fixed in the budget resolution, by the insertion of new items ox otherwise, beyond the estimated revenues unless the actual receipts exceed the estimates and then not beyond the actuai receipts. The council ma at an t' olutio a -fifths vote of ail the members oft t tns a ro riated for anv,~._..,_.n,_~_urnose by the budget resolution or authorize ~F~~s_fr_ om__u_nencumbered balanc s of a o r' io sin the budget resolution to other u oses. History: 1949 c 119 s 89; 1953 c 735 s 10; 1974 c 337 s 13 httpsa/www.revisor.leg.state.mn.us/statutes)?id-412.731 2/8/2008 Agenda Item L5 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Civil Engineer II Jon Jarosch, Civil Engineer I SUBJECT: Beam Avenue Improvements, City Project 07-26, Resolution Accepting Preliminary Report and Calling Public Hearing for March 10, 2008 DATE: February 15, 2008 INTRODUCTION The feasibility study for the Beam Avenue Improvements, City Project 07-26, 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 and consists of Beam Avenue between White Bear and Bellaire Avenues. Street and utility improvements for this segment of Beam Avenue are listed on the city's capital improvements plan for 2008. Approximately 3500 feet of watermain, between Frederick and 2nd Street, is proposed to be replaced as part of this project. The watermain in this portion of Beam Avenue is owned and operated by the City of North Saint Paul. Saint Paul Regional Water Services (SPRWS) owns and operates the portion of watermain from White Bear Avenue to approximately 1000 feet to the east. SPRWS does not plan on any major improvements in this area. However, SPRWS does anticipate some minor modifications to the existing system such as gate valve adjustments and providing cutoffs to a few existing services. There is existing concrete curb and gutter along Beam Avenue but portions will need to be removed in areas with watermain replacement. The remainder of the curbing will receive spot replacement only. It is proposed to narrow Beam Avenue, as identified in the report, which has benefits such as traffic calming, reduction in impervious surface, and improvement to the neighborhoods aesthetics. The existing bituminous and aggregate base is proposed to be removed and replaced and areas with poor subgrade soils would be subcut as necessary. There is an existing storm sewer system in this portion of Beam Avenue. New storm structures and piping will be needed to accommodate the narrowing of the roadway. Repairs will be made to the existing structures as needed. Repairs to the sanitary sewer system are proposed as identified through televising of the mainline and services. The residents along Beam Avenue 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 February 12t", 2008 at the Maplewood Community Center. Approximately 33 residents attended. Budget Impact The total project budget as reported in the feasibility study is $2,466,000. The project budget detailed in the city's capital improvement plan is $1,150,000. The budget is significantly higher than the capital improvement plan estimate due to the addition of watermain replacement along a large portion of Beam Avenue. This watermain replacement resulted in increased curb and gutter replacement, rebuilding the Agenda Item L5 street section, and additional storm sewer modifications. The following is a comparison in expenses between the current proposal and the Capital Improvement Plan. The last CIP was completed in 2007. Refer to the attached executive summary for further breakdown of the proposed funding. Financial Source Feasibilit y Recommendation 2008-2012 CIP Estimate Special Assessments $ 372,400 $ 402,500 Sanitary Sewer Fund $ 117,000 $ 57,500 Driveway Program $ 30,000 $ 0 M.S.A. Bonds $1 ,281,250 $ 455,500 N. St. Paul W.A.C. Fund $ 34,500 $ 34,500 City of North Saint Paul $ 630,850 $ 200,000 TOTAL ESTIMATES $ 2,466,000 $1,150,000 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, March 10t", 2008, for the Beam Avenue Improvements, City Project 07-26. Attachments: 1. Resolution 2. Location Map 3. Executive Summary RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted October 22~d, 2007, a report has been prepared by the City's consultant, KHA, with reference to the improvement of Beam Avenue Improvements, City Project 07-26, and this report was received by the council on February 25th, 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 Beam Avenue 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 $2,466,000. 2. A public hearing shall be held on such proposed improvement on the 10th day of March, 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. ~ WHITE BEAR OAK E 1 . N. BARTELMY LN. 68 2. N. CHIPPEWA CT. 3. BRENWOOD CV. o' ~ JNTY ~ ROAD ~ z ~ D ~ GALL AVE. 65 ~ o ~ o Off. WOODL o U WOODLYNN AVE. ~ z 3 000 BRENNER AVE. Q~ w 0 w o o Q ~ ~ ~ ~ w } ~ ~ z ~ Y ~ ~ 2. ~ ~„ ~ Q ~00o LYDIA Q ~ ~ ~ u o AVE. n o g ~ ~ 1 • ~ cam `~ ~ o Q~ ~ Y °' ~s v ~ ~ z 19 ~P 19 ~ ~ w Playcrest AVE. Q ~`P ~ ~ ~ ~ a~`P~~ ~T STANDRIDGE ~ J ~ ]O Maplewood ~ 2 MAPLE LN. ~QQ ~ ~P '~y J ,Heights ~ ~ifj ~Q rZ ~ m ~E• BEAM Park ~ w AVE. ~ ~ ~ MAPLE VIEW AVE. 68 ]~ Q / O Q ~' AVE. O RADATZ ~ O MESABI ~ o AVE. ~ RAMSEY ~ couNrY ~ N 0 RTH ST. PAU ~ couRr m w KOHLMAN ~ ~ IICa~~ \ P o AVE. ~ La k Q ~ 23 IILL RD. 65 w (Y AVE. 1 1 th ~ AVE, ~P ~ no scale Beam Avenue Street Improvements City Project 07-26 EXECUTIVE SUMMARY- BEAMAVENUE IMPROVEMENTS This Feasibility Study and Report has been prepared for the Beam Avenue Improvements, Maplewood City Project 07-26, North St. Paul S.A.D. 08-02. The project extends from just east of White Bear Avenue to Bellaire Avenue. A portion of this 1.0 mile roadway length lies within the city limits of the City of North St. Paul (City Project S.A.D. 08-02). The proposed improvements include the following: • Reconstruction of Beam Avenue from 650 feet east of White Bear Avenue to Bellaire Avenue. The street reconstruction will include removal and replacement of the existing aggregate base and bituminous pavement, and subgrade correction as necessary. In addition, the existing concrete curb and gutter, on the south side of Beam Avenue east of McKnight and on the north side of Beam Avenue west of McKnight, will be replaced due to watermain improvements and be relocated to narrow the road. Sidewalk installation along the north side of Beam Avenue, from 650 feet east of White Bear Avenue to McKnight Road. Construction of four new parking stalls to the Maplewood Heights park lot on the north side of Beam Avenue at the west end of the project to replace existing parking stalls that were removed as a part of the adjacent Walgreens construction. • Beam Avenue currently has existing storm sewer. Due to the curb and gutter being relocated, the storm sewer in the existing curb and gutter will need to be replaced to accommodate the new curb and gutter. This will include replacement of catch basins and storm sewer pipe. Storm sewer structure castings will be evaluated and replaced as necessary. Storm water best management practices (BMPs) for runoff quantity and quality control will be evaluated and implemented as necessary. Rainwater gardens and other storm water BMPs will be necessary to meet Ramsey- Washington Metro Watershed District infiltration requirements. Sanitary sewer repairs, as identified through televising, will be completed at this time. Manholes will be rehabilitated as necessary. Sanitary sewer services will also be evaluated and repaired as necessary. Replacement of approximately 3500 feet of existing watermain along Beam Avenue from Frederick Street to 2nd Street. This watermain is owned and maintained by the City of North St. Paul. The estimated costs for the proposed improvements are detailed below. These costs include a 10% construction cost contingency and a 31.5% allowance for indirect costs. Proposed Improvement Estimated Cost Street Improvements $ 1,717,000 Storm Sewer Improvements $ 260,000 Sanitary Sewer Improvements $ 117,000 Watermain Improvements $ 342,000 Driveway Replacement Program $ 30,000 Total Project Cost $ 2,466,000 The improvements are proposed to be financed through a combination of special assessments to benefiting properties, Municipal State Aid (MSA) funds, WAC funds, other City of Maplewood funds, and City of North St. Paul funds. The following is a summary of the estimated funding amounts from each of the proposed financing sources: Financing Source Amount City of Maplewood Street Assessments $ 325,600 City of Maplewood Storm Sewer Assessments $ 46,800 City of Maplewood Sanitary Sewer Utility Fund $ 117,000 City of Maplewood M.S.A. -Bonds $ 1,281,250 City of Maplewood WAC Funds for North St. Paul $ 34,500 City of North St. Paul Street Funds $ 353,744 City of North St. Paul Utility Funds $ 171,000 City of North St. Paul Street Assessments $ 106,106 City of Maplewood Driveway Replacement Program $ 30,000 Total $ 2,466,000 The following is a proposed schedule for the project if the City Councils vote to proceed. Maplewood City Council Receives Feasibility Report North St. Paul City Council Receives Feasibility Report Maplewood Public Hearing/Authorize Plans & Specs North St. Paul Public Hearing Maplewood City Council Approves Plans & Specs and Authorizes Ad for Bid North St. Paul City Council Approves Plans & Specs Maplewood City Council Receives Assessment Roll Bid Opening Assessment Hearing/Award Contract Start Construction Construction Complete North St. Paul Assessment Hearing February 25, 2008 March 4, 2008 March 10, 2008 March 18, 2008 April 28, 2008 May 6, 2008 May 12, 2008 May 30, 2008 June 9, 2008 June 23, 2008 November 14, 2008 Fall 2008 Based upon the analysis completed as a part of this report, the proposed Beam Avenue Improvements, Maplewood City Project 07-26, North St. Paul S.A.D. 08-02, are feasible, necessary, and cost effective, and would benefit both the City of Maplewood and the City of North St. Paul. Agenda Item L6 AGENDA REPORT TO: City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Consider Increasing Expenditure Limit for Staff from $5,000 to $10,000 DATE: February 20, 2008 INTRODUCTION/SUMMARY The current Council requirement for Council approval of all expenditures is at the $5,000 Limit. State Statute says this limit is at $20,000 unless an alternate amount is set by the Council. In 2006, the City Council set the $5,000 amount. It is proposed to increase this limit to $10,000. The justification is that many routine budget items such as paper purchases, manhole cover replacements, annual memberships, large vehicle repairs, and bituminous roadway patching materials are requiring delays and staff time to process reports [to note just a few recent reports to the Council]. This seem routine business that staff could approve, and still maintain the necessary budget controls. RECOMMENDATION ~. It is recommended that the City Council adopt a motion approving an increase in the financial limit for purchases allowed by staff without Council approval, provided there is an appropriate budget allocation, from the current limit of $5,000 to $10,000. Item L-7 MEMORANDUM TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, City Clerk DATE: February 19, 2008 RE: Revision of Rules and Procedures for City Council and Council Meetings Manual Introduction At the first meeting of the year the city council reviewed the Rules and Procedures for City Council and Council Meetings Manual. Following are a few items that came up during council discussion that need staff direction so that the final updates can be made and provided to you. Councilmember Rossbach recommended staff make a change to Section 14 Council Administrative Policies under, Item D. Other Matters. The suggested change is underlined. D. Other Matters The council chambers and city buildings will be made available for non-partisan political meetings, non-political town hall meetings and candidate forums at no charge for a maximum use of 4 hours during periods when not otherwise required for City business and when a building custodian is scheduled to be on the premises. Councilmember Rossbach also made three other suggestions that he requested become council policy, they are submitted for council discussion. 1. Create a schedule for the Maplewood City Newsletter that divides the council into 12 months of the year. Staff has already assigned councilmembers their months as shown below. Language could be added in Section 14 Council Administrative Policies under, Item B. Internal Rules of Council that reflects this procedure. Edition City Councilmember Column Due Date Janua Kath Juenemann 12/18/2008 February John Nephew 1/10/2008 March Erick H'elle 2/11/2008 April Will Rossbach 2/27/2008 May Kathy Juenemann 4/11/2008 June John Nephew 5/12/2008 Jul Erick H'elle 6/12/2008 Au ust Will Rossbach 7/9/2008 September Kathy Juenemann 8/14/2008 October John Nephew 9/8/2008 November Erick Hjelle 10/8/2008 December Will Rossbach 11/10/2008 2. The second suggestion from Councilmember Rossbach could also be added in Section 14 Council Administrative Policies under, Item A. Administrative as follows: The council acknowledges that only as a group and not as individuals does the council have authority to direct city staff to 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. 3. The third suggested change follows and was obtained from the League of Minnesota Cities (see below) and would also be appropriate under Section 14 Council Administrative Policies under, Item A. Administrative. No city website, publication or property shall use visual or audio displays which tend to highlight individual members over the full council. 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. In addition to the above, Councilmember Juenemann asked for a definition of "who the parliamentarian" is in city council meetings. Governmental bodies are encouraged to have their own rules that specifically address certain situations. Robert's Rules of Order were written with large assemblies and conventions in mind, not units of local government. The role of the parliamentarian is that of a consultant, usually a professional, who advises the chair and other officers on matters of parliamentary procedure. While not formally appointed as such, it has been past practice that the City Attorney acts as the parliamentarian. And finally, councilmember 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. Recommendation Direct staff as to what language should be inserted and or revised in the Rules and Procedures for City Council and Council Meetings Manual and formally appoint a Parliamentarian for City Council meetings. Agenda Item L-8 Memorandum To: Chuck Ahl, Acting City Manager From: Bob Mittet, Finance and Administration Manager Date: February 20, 2008 Re: Approval of Agreement with Springsted, Inc. for Debt Management Study Background Staff has asked for and received a proposal to perform a debt management study. The proposal (attached) is for a comprehensive analysis of the city's current debt as well as that proposed in the current (2008-2012) Capital Improvement Plan. With all of the personnel changes in the Finance Department, establishing a baseline analysis of the city's debt is important. This study will serve as an important contribution to the current year audit which will be underway in May but for which staff is currently preparing. Staff is starting to prepare for the next Capital Improvement Plan. This study will contribute to the integrity of the forecasts in the CIP. Because of the reductions in interest rates, staff is investigating options for refunding of currently outstanding bond issues. This study will help in this analysis as well. The city will be issuing bonds in the first half of the year for 2008 street projects. In connection with this issuance, staff will be preparing, with Springsted, an updated Official Statement and will be seeking an Aa2 bond rating on those bonds. This study will be beneficial in the preparation of the OfFicial Statement as much of this work is also done for the Official Statement anyway. Financing Because this study will tie in so much with the preparation of the Official Statement for 2008 new bonding and refundings, the cost of this study, $13,000, will be wrapped into the issuance costs of the bonds and included in the actual bond amount. February 20, 2008 Recommendation Authorize staff to enter into contract with Springsted for the study at cost not to exceed $13,000. ,; City of Maplewood, Minnesota Debt Management Project Work Plan February 14, 2008 Objective(s) The purpose of this study is to assist the City of Maplewood in developing a debt management model that will enable the City to project the near-term and long-term impact of existing and proposed debt on its financial resources. Task I - Review Background Information Internal review of background information: - Review current outstanding debt by type - Review current funding practices, funding sources and policies related to financing capital improvements - Review Maplewood's capital improvement plan including the sources of funding for each improvement - Analyze the information to identify any omissions and/or inconsistencies and collect additional information, as needed. Task II - Develop Basic Model Structure ~= Develop a basic structure of typical input and debt pages to be used in the report: - Existing debt worksheets - New debt worksheets - Graphics worksheets Review basic layout with Maplewood staff Task III - Build the Debt Management Model based in Microsoft® Excel. The debt projection will use a twenty (20) year planning period for existing bonds and five (5) years for new bonds and will include: - Current outstanding debt by type ^ General Obligation ^ General Obligation Revenue Debt ^ Revenue Debt ^ Capital Leases City of Maplewood, Minnesota Debt Management Study February 14, 2008 Page 2 ^ Equipment Certificates ^ Other as applicable - Projected debt over the planning period resulting from anticipated capital improvements ^ New debt worksheets will be set up to require the input of principal payments and coupons to enable the City of Maplewood to see the impact of various principal retirement alternatives - A capital improvement plan summary - Graphics showing existing debt and projecting new debt over the planning period - Recommendations with regard to debt that may be called, defeased, refunded or otherwise managed to the City's advantage Task IV - Present and Review Preliminary Model Springsted will meet with Maplewood staff in a workshop session to present and to review the preliminary debt management model v Following a discussion and review of the report, Springsted will modify or change the model incorporating Maplewood's comments into the final model as requested Task V - Present and Review Final Model Springsted will meet Maplewood staff in a workshop session to present the final model and to provide the training in its use v We will provide two copies of the final model in Microsoft® Excel format on CD-ROM Expectations In order to complete the work plan, Maplewood will need to designate a staff member to serve as a project manager. This person will be responsible for assisting Springsted with gathering accurate and timely data needed to complete the project and to assist in arranging for required meetings. At a minimum the following information will be needed to complete the study: Debt Management Model Required Information Copies of Maplewood's most recent and prior four year's Comprehensive Annual Financial Report unless these have previously been provided to Springsted ~= A listing of all anticipated capital expenditures for the planning period indicating item to be purchased, department, amount, and anticipated funding source Copies of existing debt schedules for any outstanding debt, i.e. bonds, equipment certificates, lease- purchase agreements where Springsted was not the financial advisor Compensation We propose to complete this project as described in this proposal for the lump sum fee of $13,000 exclusive of any out-of-pocket expenses such as travel and copying. This amount would include up to two on-site meetings. We will complete the project within 8 weeks of receiving the notice to proceed provided that all necessary information is City of Maplewood, Minnesota Debt Management Study February 14, 2008 Page 3 made available to Springsted in a timely manner and that the necessary members of Maplewood staff are available for required meetings. Springsted does not anticipate any unforeseen delays or other circumstances that would result in a later completion date and will commit its staff as needed to meet the time schedule presented. Should any unforeseen delays or circumstances arise impairing the City's ability to provide the needed assistance, Springsted will work constructively with you revise the time schedule and complete the project expediently. Springsted would invoice Maplewood for work completed based on the following schedule: Time of Invoice Percentage Invoiced Cumulative Percentage Invoiced Completion of Task IV 80% 80% Completion of Task V 20% 100%* *at the City's option, payment may be delayed until the earlier of August 31, 2008 or until bonds being used to fund the cost have been issued. Should the City of Maplewood request and authorize additional work outside the scope of services described in this proposal or additional revisions beyond those agreed upon at the discussion and review of the preliminary model, we would invoice the City of Maplewood at our standard hourly fees. MEMORANDUM TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, City Clerk DATE: February 19, 2009 Item L-9 Re: Recovery and Burial of City Time Capsule and Budget 50th Anniversary DVD Introduction As you are aware, the City has been celebrating its 50th Birthday! In September of 2007, the city council approved a $10,000 budget for related events. The final celebration will beheld on February 23rd at the Community Center from 2:00 p.m. to 6:00 p.m. Following is a timeline of events for the day and we encourage the public to come and join in the celebration. 2:00 pm Entertainment 3:00 pm Local Dignitaries 4:00 pm Time Capsule Opened 4:00 pm Cake and Coffee Served 5:00 pm Entertainment 6:00 pm Wrap Up of Maplewood 50th Anniversary Celebration As indicated above, at 4:00 the City Time Capsule will be opened. Approximately 30 years ago, the Time Capsule was buried in the former City Hall building on Frost Avenue behind the cement address block. (See attached pictures.) Thanks go to Fire Chief Steve Lukin for arranging for the Time Capsule to be removed from the building and as you can see from the pictures, it was quiet the process and took approximately four hours to be removed. This endeavor was not a 2008 budgeted item and costs incurred for the removal were $1,200. Staff and the Historic Preservation Commission will be adding items to the Time Capsule and it will again be buried after the Celebration on February 23rd. Direction is needed as to where the capsule should be buried and if costs are incurred, staff is requesting direction on what funds are to be used. Additionally, during 2007 as well as 2008, Government Television Network (GTN) has been producing an Anniversary Celebration Documentary DVD of film footage of all of the events. After the February 23rd event, GTN will be playing the DVD on Channel 16 and the DVD will also be available for purchase from GTN. Remaining details will be forwarded to the council as they are received from GTN. Recommendation As mentioned above, the removal of the Time Capsule was not included in the 2008 budget; however staff has indicated that there are remaining funds that are available to cover this expenditure. y:4 w ~~'`3». )'-v ~. ~ 4fi+~ 3 t ti ~ s, ~'~•y': ~k x y ~S P i ::~.' ~'~t ~ .,' _ ~ + ~ _ y~ • }-y 1}~ t..~~_r~ y 5 ~ ~ - s Y -~4{ r . -~..~~'IYnNL. ~ ~~ } ~., W Y ~~ }~ .1~1e{i ~ ;. ~ . ., tt re ~, ,~x'ti x>~~ : .,...r ~y_ Ley, f ~~'~ ~~ ~~ Y a; ~ ~` ~- "ti. i55 ~ '~ ~ ,~. 3 - ~ j T_ _ A'~ 4 ~~ }. ~ ' f d ~ sir '~,:, '~ .~ il~~ I ay .°'~ 4 ~ ~. ;~. A. v `~i .. *~~~ Y .'~ H~~x • Y~ ~' ry ~. Sul ~F •,~Y. .. ~L ~~. . J. ~..`f ~~, ~`_^~ to r '-~{3 ~;, fir!' _?^ .fie ,._ ~ ~ ~ ~ ~~- rte, .~ ~`. ~'~' ; s p f Y T y `iy~5, L` _ ~~, ~ `,^~~ h;9: Raj-~C-~' f ~ t '~ F ~, `se ~}~~ ` ,fit ~ ~,a^ t ~ - .`a~h~ *~~,c,\,~r~.Y Y: r + i }H *!~ y,~, fir ~ ~ a t` ~ Gx~ ;"~ ~ ~ fi-.. ~:..~ ,r 1 ~~ •I`~~~~ ~ f r ~ .tea :y' i ~ .If - ~ i ~ '_ ~ ~: ~ ~ r Item # N 1 MEMORANDUM TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, City Clerk DATE: January 29, 2008 RE: Absentee Ballot Question A question was asked regarding voter's telephone numbers being on information gathered and or required when processing an absentee ballot. To process an absentee ballot the voter submits an application form requesting the ballot. On this form there is an optional line for a telephone number. Once this form is submitted, it is entered into the State Voter Registration System (SVRS) maintained by the Secretary of State's Office and is then classified as public information under Chapter 13. When an individual requests "voter lists" from the Secretary of State's Office for campaigning purposes the list contains the following information which in this venue is considered public: Name Address Phone Number Voting History Year of Birth The City Clerk office has never, to my knowledge, had a request for a copy of any absentee ballot application. Agenda Item N2 AGENDA REPORT TO: City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Announce Council -Manager Workshop on March 3 at 5:00 pm DATE: February 20, 2008 INTRODUCTION/SUMMARY The Council procedures provide for aCouncil -Manager Workshop on the first Monday of the month. I would request that the Council add to their schedules the following topics for discussion: 1. Closed Session on CoPar Litigation to Discussion Status with Attorney John Baker 2. Presentation by Tubman Family Alliance requesting City support as sponsor of State Bonding RECOMMENDATION No action is required.