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Home My WebLink About2008 08-11 City Council Meeting AGENDA MAPLEWOOD CITY COUNCIL 6:30 P.M. Monday, August 11, 2008 City Hall, Council Chambers Meeting No. 21-08 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 1.Acknowledgementof Maplewood Residents Serving the Country. C. ROLL CALL Mayor?s Address on Protocol: ?Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments. D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Approval of July 28, 2008, Council Manager Workshop Minutes 2. Approval of July 28, 2008, City Council Minutes F. VISITOR PRESENTATIONS ? PART I (Note: Visitor Presentations shall not extend past 7:00 p.m.; if time is not available to complete this item; all presenters will be instructed to remain at the meeting until this item is re-opened following Award of Bids, or return to the next Regular Meeting of the Council.) G. ADMINISTRATIVE PRESENTATIONS (Note: Items G-H shall not extend past 7:00 p.m.; if time is not available to complete these items, they shall be extended by Council motion to the end of the meeting following Visitor Presentation ? Part II.) H. COUNCIL PRESENTATIONS I. APPOINTMENTS AND PRESENTATIONS 1. IT Highlight Presentation ? (No Report) 2. Citizen Services Presentation ? (No Report) J. PUBLIC HEARINGS 1. Linwood Avenue Water and Sanitary Sewer Extension Under City Project 07-14 a. Assessment Hearing 7:00 P.M. b. Resolution for Adoption of Assessment Roll (3 parcels) 2. DynamicDisplaySignOrdinance(SecondReading) K. UNFINISHED BUSINESS 1. Carver Crossing Development ? Consider Approving Development Contract with CoPar for Settlement of Litigation and Development Plan. 2.Receipt of Comprehensive Financial Report and Schedule Presentation from Auditor for August 25, 2008. L. NEW BUSINESS 1. St. Paul Fire Republican National Convention ? Consider Approving Joint Powers Agreement. 2. Off-Sale Intoxicating Liquor License ? Larry Toth, New License/Manager, Costco Wholesale 3. Consider Report on Formation of Green Team for City Operations 4. Approval of Claims M. CONSENTAGENDA 1.TH61/FrostAvenueImprovements,CityProject07-30,ApprovalofMn/DOTCooperative Agreement 2. Hazelwood Street Improvements, City Project 07-25, Resolution for Modification of the Existing Construction Contract, Change Order No.1 (Trail Improvements) 3. Consider Resolution Accepting Donation to Police Department 4. Lawful Gambling License ? Church of Saint Bernard?s O.AWARD OF BIDS P.VISITORPRESENTATION ? PART II (NOTE: This is a continuation of VISITOR PRESENTATIONS from earlier in the meeting and is intended to make time available if the item is not completed by 7:00 p.m. -Not intended for new visitor presentation items.) Q. ADJOURNMENT Sign language interpreters for hearing impaired personsare available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk?s Office at 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please checkwith the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expectsof 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 everyonewill follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. ß¹»²¼¿ ·¬»³ Ûï MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 p.m., Monday, July 28, 2008 Council Chambers, City Hall Meeting No. 19-08 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:06 p.m. by Councilmember Hjelle. B. ROLL CALL Diana Longrie, Mayor Present at 6:10 p.m. Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present at 5:09 p.m. C. APPROVAL OF AGENDA Councilmember Hjelle moved to approve the agenda as submitted. Seconded by Councilmember Nephew. Ayes ? All D.UNFINISHED BUSINESS City Attorney Alan Kantrud introduced the item and then closed the meeting. This was a closed session meeting pursuant to Minnesota State Statute, Chapter 13 relating to Attorney/Client privilege for the purpose of discussion. 1. 5:10 p.m. ? Palkovich vs Maplewood ? Discussion with Attorney The meeting was reopened for the interview discussion. 2. 6:30 p.m. - Interviews of Search Firms for City Manager Hiring Process 1. Steve Bernard, Senior Vice President, Par Group, 100 North Waukegan Road, Suite 211, Lake Bluff, Illinois, addressed and answered questions of the council. 2. Sharon Klump, Vice President, Lead Consultant, Springsted, Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota, addressed and answered questions of the council. E. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:53 p.m. July 28, 2008 1 City Council/Manager Workshop & Closed Session Minutes ß¹»²¼¿ ×¬»³ Ûî MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, July 28, 2008 Council Chambers, City Hall Meeting No. 19-08 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 Present D. APPROVAL OF AGENDA Councilmember Nephew recommended moving Visitor and Administrative Presentations to 7:15 p.m. due to the late start of the council meeting. H2. - Changes in the Finance Department ? Mayor Longrie Councilmember Nephew moved to approve the agenda as amended. Seconded by Councilmember Hjelle. Ayes ? All E. APPROVAL OF MINUTES Approval of the June 23, 2008, City Council Meeting Minutes. Mayor Longrie wanted to clarify the heading and motion on page 30, number 9. by Councilmember Juenemann should read: The Petition to release Acting City Manager, Chuck Ahl from the MCSA and Authorizing its execution on behalf of the City of Maplewood as well as directing Acting City Manager, Chuck Ahl to resume all City Manager duties and responsibilities for representing the City of Maplewood in its upcoming labor negotiations for all union contracts for 2009. Councilmember Nephew moved to approve the June 23, 2008, City Council Meeting minutes as amended. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. July 28, 2008 1 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî Mayor Longrie moved to approve the July 7, 2008, Workshop minutes as submitted. Seconded by Councilmember Nephew. Ayes ? Mayor Longrie, Councilmembers Nephew & Rossbach Abstentions ? Councilmember Hjelle & Juenemann The motion passed. Councilmember Hjelle moved to approve the July 14, 2008, Workshop minutes as submitted. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. Approval of July 14, 2008, City Council Minutes Councilmember Juenemann said on Page 1 of the July 14, 2008, minutes the Seconder?s name was not reflected in the minutes. (The Recording Secretary referred back to the notes and made the correction. It was Councilmember Hjelle who seconded the motion.) Councilmember Nephew moved to approve the July 14, 2008, City Council Minutes as amended. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. Approval of July 17, 2008, A Continuation of July 14, 2008 City Council Minutes The following corrections should be made to the July 17, 2008, A Continuation of July 14, 2008 City Council Minutes. On page 6 of the Consent Agenda, item M2, it should be ayes ? all On Page 8, number 2. it should say ayes - all. Mayor Longrie made clarifications to page 2, number 5. to read: 5. Beaver Lake Plat Update ? Mayor Longrie b. Mayor Longrie stated that she has not checked Councilmember Nephew?s website to see if he had made corrections. Mayor Longrie stated Councilmember Nephew had previously indicated that Mayor Longrie had made a statement. Mayor Longrie clarified for the record that she reviewed the tape of two separate council meetings concerning this project and she didn?t find the statement Councilmember Nephew was referring to. Councilmember Juenemann had a correction to page 13, item 6, the motion for the Breast Cancer 3-Day. Mayor Longrie who had seconded the motion was not reflected in the minutes. Mayor Longrie moved to approve the July 17, 2008, A Continuation of July 14, 2008, City Council Minutes as amended. July 28, 2008 2 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî Seconded by Councilmember Rossbach. Ayes ? All The motion passed. F. VISITOR PRESENTATIONS ? PART I 1. Dave Schelling, 1955 Greenbrier Street, Maplewood asked the following questions and requested a response to his questions. a. Do you think you should put a cap on salaries and at one point? b. How can taxpayers pay for a $800,000 tainted park? how do we pay for it? Raise taxes again? (Referring to Gethsemane Park coming up at the end of August) c. How much more debt can you add to the city? Another $5 million, $10 million. d. He would like to see the salaries of all the employees at Maplewood. _______________________________________________________________________________ (Agenda items G. and H. were moved to the end of the council meeting) G. ADMINISTRATIVE PRESENTATIONS 1. National Night Out ? No Report 2. MCC Outdoor Sign ? No Report H. COUNCIL PRESENTATIONS 1. Business Registration Program ? Councilmember Nephew 2. Finance Department ? (Added by Mayor Longrie during approval of agenda) ________________________________________________________________________________ I. APPOINTMENTS AND PRESENTATIONS a. Deputy Public Works Director, DuWayne Konewko introduced the item. 1. TH 49 Corridor Study Report ? No Action Needed a. Jim Tolass, Project Manager with Ramsey County gave the presentation. J. PUBLIC HEARINGS None. K. UNFINISHED BUSINESS 1. Carver Crossing Development ? (To Be Tabled) Councilmember Juenemann moved to table the Carver Crossing Development Contract until the August 11, 2008, council meeting. Seconded by Councilmember Nephew. Ayes ? All The motion passed. July 28, 2008 3 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî 2. Dynamic Display Sign Ordinance a. Environmental Planner, Shann Finwall gave the report and answered questions of the council. b. City Clerk, Citizen Services Director, Karen Guilfoile spoke regarding the Community Center Sign. c. City Attorney, Alan Kantrud answered questions of the council. Mayor Longrie asked if anyone in the audience wanted to speak regarding this item. 1. Jeff Kehr, General Manager, Myth Nightclub, 3090 Southlawn Drive, Maplewood addressed the council. His memo to the council has been included for the permanent record. I stand before you this evening to share with you my thoughts regarding the proposed Dynamic Sign Display Ordinance. I am grateful that the city continues to do its due diligence on amending old ordinances to conform to the ever changing world of technology. As you may or may not be aware, the Myth has been operational now for 3 years. Since its inception, we have strived to be neighbors in good standing with the city. I believe that other than a few growing pains for both the City and the Myth, we have achieved just that. Tonight we have reached another growing pain specifically related to Dynamic Displays. Although I would agree that a new ordinance is needed, I will argue the fact that our sign was approved by this city over three years ago. Any changes to how our dynamic display operates could have legal implications. I find the proposed ordinance to be unfair. On the surface it appears that the real winners here are Clear Channel Outdoors and the City of Maplewood. As the city begins to prepare for the installation of its new sign, it is apparent that those involved in the review process are making recommendations that fit the city?s needs versus recommendations that meet the needs of the rest of the community. Although concerned with the overall recommendations, we are very concerned about the recommended changeover rate of 10 minutes for on-site display boards versus 12 seconds for off-site display boards. Not fully understanding the rationale behind this, one would think that based on the information presented in a memorandum drafted by Shann Finwall on July 18 the changeover rate has to do with public safety. With that stated, you would think that as you are driving 55-65 mph down Highway 36 you would want less of a changeover rate versus a location where the speed limit is 30-45 mph. You can find studies to support that Dynamic displays are or are not distractions to drivers. Studies done in Texas and Wisconsin would support that dynamic displays do not cause more of a distraction than the static boards already in place. In fact, the Minnesota Department of Transportation released a study that showed roadside images that change at intervals greater than every six seconds aren?t a significant distraction to drivers. Greater distractions happen from within the car as related to cell phone usage, radio play, or children. The U.S. Department of Transportation also examined several studies on dynamic displays and found inconclusive evidence that these types of billboards create a hazard. Other evidence that should be considered is the fact that in its 3 years of being operational, I am not aware of any accidents related to our dynamic display board. The idea of the Myth being able to change its message once every 10 minutes will not be acceptable. A changeover rate equal to or less than that currently recommended for off-site displays would be considered. In the end, it is our hope that the city treats the Myth?s dynamic display sign similar to the recommendations for the community center?s dynamic display. This recommendation would be to grandfather in our reader board as a pre-approved legal conformity. Thank you. Councilmember Rossbach moved to direct staff to further explore the time that the displays are allowed to be up for both on-site and off-site with 10 minutes being too long for on-site and 12 seconds is too short for off-site. July 28, 2008 4 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî Seconded by Councilmember Juenemann. Councilmember Nephew made a friendly amendment to change the time to 5 minutes on-site and 15 seconds off site. Councilmember Rossbach denied the friendly amendment. Councilmember Rossbach withdrew his motion and made a new motion. Councilmember Rossbach moved to direct staff to further explore the time that the displays are allowed to be up for both on-site and off-site with 10 minutes being too long for on-site and 15 seconds is too short for the off-site. Seconded by Councilmember Nephew. Ayes ? Councilmembers Juenemann, Nephew and Rossbach Nays ? Mayor Longrie and Councilmember Hjelle The motion passed. Councilmember Nephew moved to direct staff to install the sign at the Maplewood Community Center operating under the guidelines of the current city code until the Dynamic Sign Ordinance is approved. Seconded by Mayor Longrie. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. Councilmember Nephew moved to table the question of the comprehensive sign plan for the city hall campus for some time subsequent to there being a sign ordinance in place. Seconded by Mayor Longrie. Ayes ? All The motion passed. The council took a 10-minute recess at 9:20 p.m. The council meeting reconvened at 9:30 p.m. L. NEW BUSINESS 1. Approval for Transfers from General Fund to Community Center Fund, Recreation Fund and Capital Improvement Fund. a. Finance Director, Bob Mittet gave the report. b. Director Citizen Services, Karen Guilfoile answered questions of the council. c. Deputy Director of Public Works, DuWayne Konewko answered questions of the council. July 28, 2008 5 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî Councilmember Rossbach moved to approve the Transfers from General Fund to Community Center Fund, Recreation Fund and Capital Improvement Fund as of December 31, 2007, in the amount of $532,000.00. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 2. Request Approval to Proceed With Preliminary Engineering Work and Development of Master Plan for Lions Park. a. Deputy Director of Public Works, DuWayne Konewko gave the presentation. Councilmember Rossbach moved approval of funding for the preliminary engineering work at Lions Park in an amount not to exceed $20,000. The CIP #PM03.010 has $50,000 allocated in 2008 to begin the work. $25,000 of this comes from the Environmental Utility Fund and the remaining $25,000 comes from the Park Development Fund. Further recommending authorization to enter into a contract with SEH for the preliminary engineering work at Lions Park. When preliminary engineering work is complete, staff will begin working with the Parks Commission and the Lions Park neighborhood to begin development of a master plan for the park. Staff will also continue to update council on the progress and outcomes of these discussions. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 3. Council Consideration to Conduct a Feasibility and Alignment Study for the Lake Links Trail Improvements Between McKnight Road and Joy Park. a. Deputy Director of Public Works, DuWayne Konewko gave the presentation. Councilmember Rossbach moved to approve funding for the feasibility and alignment study for the Lake Links Trail improvements between McKnight Road and Joy Park in an amount not to exceed $15,000. The CIP #PM03.010 has $100,000 (Parks ? Trail Development) allocated in 2008 for trail development in the city. Further recommending authorization to enter into a contract with Kimley-Horn and Associates, Inc. to conduct the feasibility and alignment study. When the feasibility and alignment study is complete, staff will begin working with the Parks Commission to discuss the merits of the proposed alignment options. The commission will make a recommendation and bring it to council for further consideration. Staff will continue to update council on the progress and outcomes of these discussions regarding the Feasibility and Alignment Study for the Lake Links Trail Improvements Between McKnight Road and Joy Park. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 4. Propose to Create a Working Group to Reduce City?s Carbon Emissions (Councilmember Hjelle). a. Deputy Public Works Director, DuWayne Konewko said staff will include a memo to the city council for the August 11, 2008 city council meeting regarding this item. July 28, 2008 6 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî (For some reason the memo from Councilmember Hjelle did not print properly in the council packet and appeared as a blank page. However, the document was saved properly and was shown complete on the city website. (The Recording Secretary included the memo below for the permanent record.) FROM: Councilmember Erik Hjelle 07/28/08 Council Agenda Item Agenda Item L4 Since the council majority has committed Maplewood City government to implementing the Kyoto Protocol on Carbon Emissions, a working group should be created to find ways to meet this goal. I would like to create a working group that will provide the council and city manager with recommendations and steps that can be taken now and in the future to reduce the ?Carbon Footprint? of the City. As the city works on the budget and other planning documents for 2009, it must incorporate this agreement and find ways to meet its goals. The working group goals will include steps that can be taken to reduce energy use immediately, and over the long term. The group will discuss future fleet vehicle replacement and alternatives. Building and renovation work that will increase efficiency and reduce energy needs. The group will explore what other cities and groups are doing to reduce carbon emissions. The group will also work on what exactly the goals of the Protocol are, and what will be needed to reach those goals. Motion. That the city manager assist Councilmember Hjelle in creating a working group that will help the City reach its goal of adopting the Kyoto Protocol on Carbon Emissions. Councilmember Rossbach moved to approve authorizing Acting City Manager, Chuck Ahl to allow a Working Group to be formed to Reduce the City?s Carbon Emissions. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 5. Historic Preservation Commission Car Show Request ? No Report Councilmember Juenemann moved to table the Historic Preservation Commission Car Show Request until August 11, 2008. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 6. Approval of Claims Councilmember Nephew moved Approval of Claims. ACCOUNTS PAYABLE: $ 407,416.12 Checks # 75941 thru # 76000 $ 177,039.18 Disbursements via debits to checking account Dated 0702/08 thru 07/11/08 July 28, 2008 7 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî $ 685,435.37 Checks # 76001 thru # 76054 Dated 07/15/08 thru 07/22/08 $ 335,813.96 Disbursements via debits to checking account dated 07/11/08 thru 07/18/08 __________________ $ 1,605,704.63 Total Accounts Payable PAYROLL $ 533,465.77 Payroll Checks and Direct Deposits dated 07/11/08 $ 3,420.67 Payroll Deduction check #1005097 thru #1005099 dated 04/18/08 ___________________ $ 536,886.44 Total Payroll GRAND TOTAL $ 2,142,591.07 Seconded by Councilmember Rossbach. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. M. CONSENT AGENDA 1. Councilmember Nephew moved to approve items 1, 3, 4, 6, 8 ? 11. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 2. Mayor Longrie moved to approve item 2. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 3. Mayor Longrie moved to approve item 5. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 4. Councilmember Juenemann moved to approve item 7. Seconded by Mayor Longrie. Ayes ? All The motion passed. July 28, 2008 8 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî 1. Century Avenue Improvements, City Project 03-15, Award of Bid. Councilmember Nephew moved to approve the Resolution for the Award of Bid for Century Avenue Improvements (Brookview Drive to Lake Road), City Project 03-15. Century Avenue Improvement Award of Bid Resolution 08-07-110 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Danner, Inc. in the amount of $12,647,701.32 is the lowest responsible bid for the construction of the Century Avenue Improvements (Brookview Drive to Lake Road) ? City Project 03-15, and per the cooperative agreement between Ramsey County and the City of Maplewood (Agreement PW2008-04), the City of Maplewood, through this resolution, is signifying concurrence in order for Ramsey County to enter into a construction contract with Danner, Inc. for said improvements. th Adopted by the council on this 28 day of July 2008. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 2. TH 61/Frost Avenue Intersection Improvements, City Project 07-30, Approve Plans and Specs and Authorize Ad for Bids. Mayor Longrie moved to approve the Resolution for TH 61/Frost Avenue Intersection Improvements, City Project 07-30, Approve Plans and Specs and Authorize Ad for Bids. RESOLUTION 08-07-111 APPROVING PLANS ADVERTISING FOR BIDS th WHEREAS, pursuant to resolution passed by the city council on June 11, 2007, plans and specifications for TH 61/Frost Avenue Improvements, City Project 07-30, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty- one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 29th day of August, 2008, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city th council meeting of September 8, 2008. July 28, 2008 9 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî Seconded by Councilmember Nephew. Ayes ? All The motion passed. 3. Stop Sign Requests Update ? No Action Needed Councilmember Nephew moved to approve the stop sign request. Seconded by Councilmember Juenemann. Ayes - All 4. Kohlman Lane Area Street Improvements, City Project 07-21, Resolution for Modification of the Existing Construction Contract, Change Order No. 1. Councilmember Nephew moved to approve the Resolution for the Modification of Existing Construction Contract, Change Order No. 1, for City Project 07-21. RESOLUTION 08-07-112 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 07-21, CHANGE ORDER NO.1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 07-21, Kohlman Lane 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 07-21, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1. The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No.1 in the amount of $10,499.00. The revised contract amount is $1,886,308.00. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 5. Hazelwood Street Improvements, City Project 07-25, Mn/DOT Cooperative Agreement. Mayor Longrie moved to approve theResolution for the Hazelwood Street Improvements, City Project 07-25: Approval of Cooperative Agreement No. 93143 with Mn/DOT for Pedestrian/Bike Trail, and authorize the mayor and city manager to sign the agreement signifying council approval. RESOLUTION 08-07-113 IT IS RESOLVED that the City of Maplewood enter into Mn/DOT Agreement No. 93143 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of the State?s share of the costs of the pedestrian/bike trail construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 36 from Bruce Vento Trail to Hazelwood Street within the corporate City limits under State Project No. 6211-87 (T.H. 36=118). July 28, 2008 10 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî IT IS FURTHER RESOLVED that the Mayor and the City Manager are hereby authorized to execute the Agreement and any amendments to the Agreement. th Adopted by council this 28 day of July 2008. PRE-LETTING STATE OF MINNESOTA Mn/DOT SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION COOPERATIVE CONSTRUCTION 93143 AGREEMENT S.P. 6211-87 (T.H. 36=118) S.A.P. 138-112-007 C.P. 07-25 State Funds The State of Minnesota AMOUNT ENCUMBERED Department of Transportation, and City TheMaplewood$40,000.00 of Re: State lump sum payment for bituminous trail connection construction by the City AMOUNT RECEIVABLE T.H. adjacent to 36 ___None) _____ _____________________________ _____________________________ THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Maplewood, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". WHEREAS, the City is about to perform bituminous pedestrian/bike trail construction and to allow for the permanent closing of the pedestrian crossing at Hazelwood Street across Trunk Highway No. 36 and other associated construction upon, along and adjacent to Trunk Highway No. 36 from Bruce Vento Trail to Hazelwood Street within the corporate City limits in accordance with City-prepared plans, specifications and special provisions designated by the City as City Project No. 07-25 and by the State as State Project No. 6211-87 (T.H. 36=118); and WHEREAS, the City has requested participation by the State in the costs of the bituminous pedestrian/bike trail construction; and WHEREAS, the State is willing to participate in the costs of the bituminous pedestrian/bike trail construction and associated construction engineering in a lump sum amount equal to $40,000.00 as July 28, 2008 11 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî hereinafter set forth; and WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: - ARTICLE I CONSTRUCTIONTHE CITY BY Section A. Contract Award and Construction The City shall receive bids and award a construction contract to the lowest responsible bidder, subject to concurrence by the State in that award, in accordance with State-approved City plans, specifications and special provisions designated by the City as City Project No. 07-25 and by the State as State Project No. 6211-87 (T.H. 36=118). The contract construction shall be performed in accordance with State-approved City plans, specifications and special provisions that are on file in the office of the City's Engineer, and are incorporated into this Agreement by reference. Section B. Permanent Pedestrian Crossing Closure by the State The State will be responsible for the permanent closure and removal of the pedestrian crossing at Hazelwood Street and Trunk Highway No. 36. Section C. Documents to be Furnished to the State The City shall, within 7 days of opening bids for the construction contract, submit to the State's District Engineer at Roseville a copy of the low bid and an abstract of all bids together with the City's request for concurrence by the State in the award of the construction contract. The City shall not award the construction contract until the State advises the City in writing of its concurrence therein. Section D. Rejection of Bids The City may reject and the State may require the City to reject any or all bids for the construction contract. The party rejecting or requiring the rejection of bids must provide the other party written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon the rejection of all bids pursuant to this section, a party may request, in writing, that the bidding process be repeated. Upon the other party's written approval of such request, the City will repeat the bidding process in a reasonable period of time, without cost or expense to the State. July 28, 2008 12 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî Section E. Direction, Supervision and Inspection of Construction The contract construction shall be under the direction of the City registered professional engineer; and under the supervision of a by however, the contract construction shall be open to inspection the State District Engineer's authorized representatives. The City shall give the District Engineer at least five days notice of its intention to start the contract construction. Responsibility for the control of materials for the contract construction shall be on the City and its contractor and shall be carried out in accordance with Specifications No. through and 1601 including No. as set forth in the State's current "Standard 1609 Specifications for Construction". Section F. Completion of Construction The City shall cause the contract construction to be started and completed in accordance with the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate City official and the State District Engineer's authorized representative, for unavoidable delays encountered in the performance thereof. G. SectionPlan Changes, Etc. All changes in the plans, specifications and special provisions for the contract construction and all addenda, change orders and supplemental agreements entered into by the City and its contractor for contract construction must be approved in writing by the State District Engineer's authorized representative. Section H. Compliance with Laws, Ordinances and Regulations The City shall, in connection with the award and administration of the construction contract and the performance of the contract construction, comply and cause its contractor to comply with all Federal, State and Local laws, and all applicable ordinances and regulations. Section I. Right-of-way, Easements and Permits The City shall, without cost or expense to the State, obtain all July 28, 2008 13 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî rights-of-way, easements, construction permits and any other permits and sanctions that may be required in connection with the contract construction. Prior to advance payment by the State, the City shall furnish the State with certified copies of the documents for those rights-of-way and easements, and certified copies of those construction permits and other permits and sanctions required for the contract construction. The City is responsible for complying with and following Minnesota Statues 216D.04, Subdivision la, for identification, notification, design meetings and depiction of utilities affected by the contract construction. - BY ARTICLE I1 PAYMENTTHE STATE The State shall advance to the City, as the State's full and complete share of the costs of the pedestrian/bike trail construction and associated construction engineering to be performed upon, along and adjacent to Trunk Highway No. 36 from Bruce Vento Trail to Hazelwood Street within the corporate City limits under State Project No. 6211-87 (T.H. 36=118), a lump sum in the amount of $40,000.00. The State shall advance to the City the lump sum amount after the following conditions have been met: A. Encumbrance by the State of the State's full and complete lump sum cost share. B. Receipt by the State from the City of documentation certified for all of the right-of-way and easement acquisition required for the contract construction, and the approval of that documentation by the, State?s Land Management Director at St. Paul. C. Execution and approval of this Agreement and the State's transmittal of it to the City. If execution and approval of this Agreement does not constitute concurrence by the State in the award of the construction contract, a letter advising the City of the State's concurrence in the award of the July 28, 2008 14 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî construction contract shall accompany the City's copy of this Agreement. D. Receipt by the State of a written request from the City for the advancement of funds. The request shall include by certification the City that all necessary parties have executed the construction contract. - ARTICLECONSTRUCTION DOCUMENTS FURNISHED BY THE CITY III The City shall keep records and accounts that enable it to provide the State, when requested, with the following: A. Copies of the City contractor's invoice(s) covering all contract construction. B. Copies of the endorsed and canceled City warrant(s) or check(s) paying for final contract construction, or computer documentation of the warrant(s) issued, certified by an appropriate City official that final construction contract payment has been made. C. Copies of all construction contract change orders and supplemental agreements. by D. A certification form, provided by the State, signed the City's Engineer in charge of the contract construction attesting to the following: 1. Satisfactory performance and completion of all contract construction in accordance with State-approved City plans, specifications and special provisions. 2. Acceptance and approval of all materials furnished for the contract construction relative to compliance of those materials to the State's current "Standard Specifications for Construction". Full payment by the City to its contractor for all 3. contract construction. Copies, certified by the City's Engineer, of material sampling E. reports and of material testing results for the materials furnished for the contract construction. July 28, 2008 15 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî copy of the "as built" plan sent to the State's District F. A Engineer. - ARTICLE IV GENERAL PROVISIONS Section A. Replacement of Castings The City shall furnish its contractor with new castings and parts for all inplace City-owned facilities constructed hereunder when replacements are required, without cost or expense to the State. B. SectionLimited Use Permit The State requests and the City agrees to enter into a Limited Use Permit for the pedestrian/bicyclist facility located adjacent to and on the south side of T.H. The Limited Use Permit covers 36. operation, ownership and maintenance responsibilities of the pedestrian/bike facilities. Section C. Maintenance by the City Upon completion of the City-owned utilities construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of those utilities, without cost or expense to the State. Upon completion of the pedestrian/bike trail construction to be performed within the corporate City limits under the construction contract, the City shall own, operate and provide for the proper maintenance of the pedestrian/bike trail, without cost or expense to the State. SectionAdditional Drainage D. Neither party to this Agreement shall drain any additional drainage into the storm sewer facilities to be constructed under the construction contract, that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the State's District Hydraulics Engineer at Roseville and is incorporated into this Agreement by reference. SectionPedestrian Crossing at Hazelwood Street E. The City agrees to allow for the permanent closing of the pedestrian July 28, 2008 16 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî 36. crossing at Hazelwood Street and T.H. SectionTermination of Agreement F. Each party may terminate this Agreement, with or without cause, by providing the other party with written or fax notice of effective date of termination. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered under this Agreement. Termination must be by written or fax notice to the City. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination, to the extent the funds are available. Section 6.Examination of Books, Records, Etc. 5, As provided by Minnesota Statutes Section 16C.05, subdivision the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. Section H. Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes Section 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Section I. Nondiscrimination The provisions of Minnesota Statutes Section 181.59 and of any applicable law relating to civil rights and discrimination shall be July 28, 2008 17 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî considered part of this Agreement as if fully set forth herein. SectionAgreement Approval J. Before this Agreement becomes binding and effective, it shall be approved by a City Council resolution and executed by such State and City officers as the law may provide in addition to the Commissioner of Transportation or their authorized representative. - ARTICLE V AUTHORIZED AGENTS The State?s Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 366-4634. The City's Authorized Agent for the purpose of the administration of this Agreement is Chuck Ahl, City Engineer, or their successor. Their current address and phone number are 1830 County Road B East, Maplewood, MN 55109, (651) 249-2402, by IN TESTIMONY WHEREOF the parties have executed this Agreement their authorized officers. STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION funds Individual certifies that have been encumbered Recommended for approval: 16A.15 as§§ required by Minn. and Stat.16C.05. BY ____________________________ By District Engineer ____________________________________________________ Approved: D a t e ___________________________________________________ By __________________________________________ State Design Engineer MAPS E n c u m b r a n c e No._______________________________ D a t e________________________________________ CITY OF MAPLEWOOD as Approvedto form and execution: By ___________________________________ By ____________________________ M ayor Contract Management D a t e __________________________________________________ D a t e __________________________________________ COMMISSIONER OF ADMINISTRATION By____________________________________ As delegated to Materials Management Division Title __________________________________________________ By _____________________________________________ July 28, 2008 18 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî D a t e __________________________________________________ D a t e __________________________________________ Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 6. Joint Powers Agreement with North Saint Paul, Water Service Boundary Adjustment Councilmember Nephew moved to approve Joint Powers Agreement with the City of North Saint Paul and authorize the mayor and city manager to sign the agreement signifying city council approval for the Water Service Boundary Adjustment ADDENDUM TO THE WATER SERVICE AGREEMENT DATED THE ND 2 DAY OF MAY, 2000 City of Maplewood /City of North Saint Paul Revision of Water Service Area Boundary (July 2008) THIS AMMENDMENT TO THE WATER SERVICE AGREEMENT made and entered in this 28th day of July, 2008, by and between the City of Maplewood, Ramsey County, Minnesota, and the City of North Saint Paul, Ramsey County, Minnesota. WHEREAS, the City of Maplewood and the City of North Saint Paul, pursuant to the provision of Minnesota Statutes Chapter 471.59, are authorized to enter into agreements to exercise jointly the governmental powers and functions each has individually; and, WHEREAS, the original water service agreement boundary, for which North Saint Paul Water was provide water service to a portion of the City of Maplewood, was listed in a previous agreement between the City of Maplewood and the City of North Saint Paul as provided in Exhibit A ?? as the common City boundary on the south, Interstate Highway 694 on the north, Ariel Street projected on the west, T.H.120 on the east; in addition to Stanich Curve and Knoll Circle; and, WHEREAS, the water service boundary needs to be revised from the original agreement to reflect existing conditions with the understanding the Saint Paul Regional Water Service provides water service along Ariel Street, between Woodlyn Avenue and County Road D, and along a portion of County Road D extending approximately 650 feet east of Ariel Street; and, July 28, 2008 19 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî WHEREAS, the City of Maplewood and the City of North Saint Paul understand that a change to the water service boundary is needed to reflect existing conditions as depicted in Exhibit B ?? attached; and, NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows, to wit: 1. The original water service agreement still governs and this agreement serves to amend the water service boundaries stated below; Ariel Street, between Woodlyn Avenue and County Road D, is currently served by Saint Paul Regional Water Services and is no longer is considered within the original water service boundary. Approximately 650 feet of County Road D, east of Ariel Street, is currently served by Saint Paul Regional Water Services and is no longer considered within the North Saint Paul water service boundary for service to Maplewood. 2. Said water service boundary adjustment shall be without compensation. 3. The City of Maplewood and the City of North Saint Paul agree to indemnify each other and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs, and expenses, including, but not limited to, interest involved therein and attorneys? fees and costs and expenses connected therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this agreement or for damages caused to other parties as a result of the manner in which the City of Maplewood or the City of North Saint Paul perform or fail to perform duties imposed on each party by the terms of this agreement. 4. This agreement shall remain in full force and effect until terminated by mutual agreement of the City of Maplewood and the City of North Saint Paul or by an independent arbitrator in the event that there is not a neutral agreement. 5. It is agreed that, except as specifically provided hereby the execution of this agreement, neither party relinquishes any rights or powers possessed by it, neither party is relieved of any responsibility, duty or obligation imposed on it by law or regulation. 6. Data Practices: July 28, 2008 20 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî a. The City of Maplewood and the City of North Saint Paul agree to comply with the Minnesota Data Practices Act and all other state and federal laws relating to data privacy or confidentiality; b. The City of Maplewood and the City of North Saint Paul will immediately report to each other any requests from third parties for information relating to this Agreement. c. The City of Maplewood and the City of North Saint Paul agree to promptly respond to each other?s inquiries concerning data requests. 7. Arbitration of Disputes: Any controversy claim arising out of or relating to this Agreement or breach thereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 8. Notices: Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows: City Manager City Manager City of Maplewood City of North Saint Paul 1830 County Road B East 2400 Margaret Street Maplewood, MN 55109 North St. Paul, MN 55109 IN WITNESS WHEREOF , the parties have executed this Agreement on this ___________day of _______________, 2008 CITY OF MAPLEWOODCITY OF NORTH SAINT PAUL ____________________________ _____________________________ Mayor ? Diana Longrie MayorMichael (Mike) Kuehn - ____________________________________________________________ Acting City Manager ? R. Charles Ahl City Manager ? Walter T. Wysopal ____________________________________________________________ Approved as to form by Legal Counsel Approved to form by Legal Counsel July 28, 2008 21 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 7. Maplewood Nature Center Trail Improvements, Resolution for Acceptance of Federal Recreation Trail Grant for Maplewood Nature Center Trails. Councilmember Juenemann moved to approvethe Resolution supporting a $12,245 Federal Recreation Trail reimbursement grant from the Minnesota DNR, and authorize matching funds up to $12,245 to be provided from Capital Improvement Plan project PM07.100 Parks-Trail Development. Resolution 08-07-114 CITY OF MAPLEWOOD, MINNESOTA RESOLUTION OF ACCEPTANCE OF FEDERAL RECREATIONAL TRAIL GRANT WHEREAS, The City of Maplewood supports the grant application made to the Minnesota Department of Natural Resources for the Federal Recreational Trail Grant Program. The application is to renovate, enhance and maintain a large portion of the 1½ miles of hiking trails located within the 40 acre nature preserve called Maplewood Nature Center. NOW, THEREFORE, BE IT RESOLVED, if the City of Maplewood is awarded a grant by the Minnesota Department of Natural Resources, the City of Maplewood agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above referenced project. The City of Maplewood will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and BE IT FURTHER RESOLVED, the City of Maplewood shall match the grant with cash or in-kind services, and BE IT FURTHER RESOLVED, the City Council of the City of Maplewood names the fiscal agent for the City of Maplewood for this project as: Robert Mittet, Director of Finance City of Maplewood 1830 County Road B E Maplewood, MN 55109 BE IT FURTHER RESOLVED, The City of Maplewood hereby assures the Maplewood Nature Center Trail will be maintained for a period of no less than 20 years. th PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 28 DAY OFJULY, 2008. Passed by the Maplewood City Council on July 28, 2008. __________________________ Diana Longrie, Mayor Attest: ___________________________ Karen Guilfoile, City Clerk July 28, 2008 22 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî Seconded by Mayor Longrie.Ayes ? All The motion passed. 8.Approval to Accept Donation to Support the Taste of Maplewood. Councilmember Nephew moved approval to Accept $100 Donation from Bruce Mogren, Inc. in Support of the Taste of Maplewood. Seconded by Councilmember Juenemann.Ayes ? All The motion passed. 9.Approval to Accept Donation to the Police Department Councilmember Nephew moved approval to accept the $425 Donation from the Ramsey County AgriculturalSociety to the Police Department for their equipment and/or training and necessary budget adjustments shall be made so the funds can be expended as designated. Seconded by Councilmember Juenemann.Ayes ? All The motion passed. 10.TemporaryGambling Permit and Fee Waiver ? Church of St. Jerome, 380 Roselawn Avenue East. Councilmember Nephew moved to approvethe Church of St. Jerome?s TemporaryGambling Permit waiving the $198 fee for the temporaryliquor permit and $106 fee for a two-day temporary food permit Church of St. Jerome?s Temporary Gambling Permit Resolution 08-07-109 Seconded by Councilmember Juenemann.Ayes ? All The motion passed. 11. Emergency Repair ? Fire Department July 28, 2008 23 City CouncilMeeting Minutes ß¹»²¼¿ ×¬»³ Ûî Councilmember Nephew moved to approve the Emergency Repair ? Fire Department to repair fraying cables for a cost of $12,942.52. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. N. AWARD OF BIDS 1. Award of Contract for City Manager Search Firm Councilmember Rossbach moved to approve Awarding a contract to Par Group for the purpose of assisting the City Council with the selection process for a permanent City Manager in the amount not to exceed the number budgeted up to $40,000 shown in the staff report and authorizes the Acting City Manager, Chuck Ahl to execute the proposal authorizing the work program. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. O. VISITOR PRESENTATIONS ? PART II None. (Moved to the end of the council meeting due to time constraints) G. ADMINISTRATIVE PRESENTATIONS 1. National Night Out Tuesday, August 5, 2008 ? (No Report) a. Maplewood Police Chief, Dave Thomalla gave a brief update. 2. MCC Outdoor Sign ? (No Report) a. City Clerk, Director Citizen Services, Karen Guilfoile briefly addressed the council. H. COUNCIL PRESENTATIONS 1. Business Registration Program ? Councilmember Nephew a. City Clerk, Director Citizen Services, Karen Guilfoile addressed and answered questions of the council. b. City Attorney, Alan Kantrud answered questions of the council. Councilmember Nephew moved to extend the meeting past the 11:00 p.m. curfew. Seconded by Mayor Longrie. Ayes ? Mayor Longrie, Councilmembers Hjelle, & Nephew Nay ? Councilmember Juenemann Abstain ? Councilmember Rossbach 2. Changes in the Finance Department ? (Added by Mayor Longrie) a. Finance Director, Bob Mittet answered questions of the Mayor and Council. July 28, 2008 24 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Ûî P. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:08 p.m. July 28, 2008 25 City Council Meeting Minutes ß¹»²¼¿ ×¬»³ Öï AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Assistant City Engineer SUBJECT: Linwood Avenue Sewer/Water Extension under Ferndale-Geranium Area Street Improvements, City Project 07-14 1. Assessment Hearing, 7:00 p.m. 2. Approve Resolution for Adoption of Assessment Roll DATE: August 5, 2008 INTRODUCTION The city council approved the extension of sanitary sewer and watermain in Linwood Avenue at the th November 19, 2007 council meeting as part of the Ferndale-Geranium Area Street Improvement project. This utility extension was performed under City Project 07-14. The properties benefiting from this extension are now being assessed for a portion of the construction costs. Last year the council already approved assessment objection waiver agreements for which all three of the benefiting property owners signed along with the mayor and former city manager. This assessment hearing is a requirement even though objection waivers have been signed by the owners of the benefiting properties. All property owners have been mailed an official notice of the exact amount of their assessment in addition to the date and time of the assessment hearing. The council should consider adopting the attached resolution adopting the roll. Background A fire at the 2578 Linwood address destroyed the structure. In order to rebuild, the owners had to either upgrade the septic system or connect to public sewer. Instead of installing a new septic field, the property owner at 2578 Linwood Ave requested that the City provide sanitary sewer and water service to the property. The neighboring property owners at 2588 and 2596 Linwood Avenue also requested that these utilities be extended to their properties. Budget Impact The council has already directed an increase in funding in the amount of $40,000 for special assessments, $20,000 from the WAC Fund, and $20,000 from the Sanitary Sewer Fund, to help pay for the water and sewer extension costs. The budget should reflect an additional $20,000 which was not adjusted for since the last waiver was signed. This would provide an additional $20,000 towards the project budget. After the assessment hearing is conducted and the assessment roll adopted, staff will work with the finance department to implement the action of the council. RECOMMENDATION It is recommended that the council approve the attached Resolution for the Adoption of the Assessment Roll for the Linwood Sewer/Water Extension as part of the overall Ferndale-Geranium Area Street Improvements, City Project 07-14. Attachments: 1. Resolution: Adoption of the Assessment Roll 2. Assessment Objection Waivers (3) 3. Assessment Roll 4. Location Map Ð¿½µ»¬ Ð¿¹» Ò«³¾»® îç ±º îðì ß¹»²¼¿ ×¬»³ Öï ß¬¬¿½¸³»²¬ ï RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on July 14, 2008 calling for a Public Hearing, the assessment roll for the Linwood Avenue Sewer/Water Extension under Ferndale- Geranium Area Street Improvements, City Project 07-14, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and And, WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: None as of August 5, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on August 25, 2008, as to their recommendations for adjustments. 2. The assessment roll for the Linwood Avenue Sewer/Water Extension under Ferndale-Geranium Area Street Improvements as amended, without those property owners? assessments that have filed objections, a copy of which is attached hereto and made a part hereof in the form of signed assessment objection waivers for the three subject parcels, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2009 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2008. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2008, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2008, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2008, but no later than November 15, 2008, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. th Adopted by the council on this 11 day of August 2008. Ð¿½µ»¬ Ð¿¹» Ò«³¾»® íð ±º îðì ß¹»²¼¿ ×¬»³ Öï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® íï ±º îðì ß¹»²¼¿ ×¬»³ Öï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® íî ±º îðì ß¹»²¼¿ ×¬»³ Öï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® íí ±º îðì ß¹»²¼¿ ×¬»³ Öï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® íì ±º îðì ß¹»²¼¿ ×¬»³ Öï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® íë ±º îðì ß¹»²¼¿ ×¬»³ Öï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® íê ±º îðì ß¹»²¼¿ ×¬»³ Öï ß¬¬¿½¸³»²¬ ì Ð¿½µ»¬ Ð¿¹» Ò«³¾»® íè ±º îðì ß¹»²¼¿ ×¬»³ Öî MEMORANDUM TO: Charles Ahl, Acting City Manager FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Dynamic Display Sign Ordinance DATE: August 4, 2008, for the August 11 City Council Meeting BACKGROUND On February 11, 2008, the city council adopted a six-month moratorium on the construction or installation of dynamic display signs (off-site and on-site). Dynamic displays are signs designed for outdoor use that are capable of displaying a video signal through technology such as light emitting diodes (LED). The moratorium was adopted in order to allow the city time to study, prepare, and adopt a dynamic display sign ordnance. On July 28, 2008, the city council adopted the first reading of the proposed dynamic display sign ordinance with revisions to the ordinance including increasing the time allowed for message changeovers from 12 seconds to 1 minute for off-site signs and from 10 minutes to 5 minutes for on-site signs. DISCUSSION First Reading During the first reading of the dynamic display sign ordinance the city council reviewed the following recommendations from the community design review board (CDRB), planning commission, and staff: Off-Site Dynamic Display Signs 1.Permit Process: Allowed with a conditional use permit only. 2.Dynamic Display Changeover Rate: Images must be maintained for a minimum of 12 seconds. 3.Existing Nonconforming Billboard Signs: Reduction of one existing static billboard sign face for every dynamic display sign face installed. 4.Lighting: Must meet outdoor lighting requirements that require that the applicant submit a photometric plan showing that the sign does not exceed .4 foot candles of lumens at all property lines and that the sign does not produce glare or other lighting nuisances. On-Site Dynamic Display Signs 1.Zoning Districts: Business Commercial (BC), Light Manufacturing (M-1), and Heavy Manufacturing (M-2) zoning districts only. Ð¿½µ»¬ Ð¿¹» Ò«³¾»® íç ±º îðì ß¹»²¼¿ ×¬»³ Öî 2.Freestanding Signs: a.Size: Only 50 percent of the sign face should be utilized for a dynamic display. The maximum size of a freestanding sign would be based on the maximum size (height and square footage) currently allowed in the city?s sign ordinance. b.Placement: 200 feet to residential, park, or open space (this will ensure no negative impacts from dynamic display signs from these types of uses), 100 feet to a side property line (this will ensure an adequate distance between dynamic display signs), 10 feet to the front property line (existing code requirements). 3. Wall Signs: Allowed with a comprehensive sign plan only. 4.Message Display Changeover Rate: Ten minutes. 5. Temporary Signs: Prohibit dynamic displays on temporary signs. 6. Shared Signs: Allow dynamic display shared signs through the comprehensive sign plan process. 7. Off-Site Advertisement: Keep existing sign code language whichprohibits the display of off-site products or services, unless associated with a public service message. 8.Lighting: Must meet outdoor lighting requirements that require that the applicant submit a photometric plan showing that the sign does not exceed .4 foot candles of lumens at all property lines and that the sign does not produce glare or other lighting nuisances. 9. Public Service Messaging: Remove language in the city?s existing sign code which would allow signs to blink, flash, or flutter if used primarily for public service message. Licensing of Dynamic Display Signs There will be costs associated with additional monitoring and enforcement of dynamic display signs. For this reason staff recommends a yearly license for dynamic display signs (off-site and on-site) in order to recoup those costs. The recommendation is to require dynamic display signs to be approved through the sign permit process, and then be approved yearly through licensing. This would allow the city to revoke a license for a dynamic display sign which has been consistently noncompliant over the year. The yearly fee could match the cost of a sign permit, which is currently $160 for a freestanding sign and $105 for a wall sign. This fee is set by the city council annually. Staff has included a resolution for the city council?s approval of the dynamic display licensing fee (Attachment 2). 2 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ìð ±º îðì ß¹»²¼¿ ×¬»³ Öî Attorney Review Since the first reading of the ordinance the city attorney has given staff feedback on the proposed ordinance and has recommended minor modifications for clarity and legitimacy: 1. Minor language modifications shown on attached ordinance underlined if added or stricken if deleted. 2. Additional language that clarifies content substitution for commercial versus noncommercial messages. 3. The CDRB and planning commission had recommended that off-site dynamic display signs be allowed through the conditional use permit process. Since that time staff has also recommended that all dynamic display signs be licensed yearly. The city attorney recommends removing the conditional use permit requirement to ensure there are not two types of regulatory approvals required for one sign. Ordinance Revisions During the first reading of the ordinance the city council made the following revisions to the ordinance: 1. Comprehensive sign plans: The current ordinance allows exceptions to the sign code with a comprehensive sign plan for sign areas and densities. The city council revised the ordinance to also allow for exceptions to sign changeover rates for dynamic display signs approved through the comprehensive sign plan process. 2. Time changeover rate: The city council revised the ordinance to increase the changeover rate for off-site dynamic display signs and decrease the rate for on- site signs. The city attorney recommended that staff summarize the rationalization for the change for legitimacy: Increase of changeover rate for off-site dynamic display signs from 12 seconds to 1 minute - if a car is traveling the posted speeds on the highway (55 to 65 mph) several message displays are visible at the current 8-second changeover rate on the city?s two existing off-site dynamic display signs located along I-494 and Trunk Highway 36. The proposed 12-second time limit would be similar to the 8- second changeover rate and the rapid message displays could pose a traffic hazard. For this reason the city council has increased the proposed changeover rate to 1 minute for off-site dynamic display signs. Decrease of changeover rate for on-site dynamic display signs from 10 minutes to 5 minutes ? a 10-minute time changeover rate for on-site displays is not necessary for traffic safety for cars traveling the posted speed limits in the allowed commercial areas (30 to 55 mph). For this reason the city should allow businesses to utilize the signs for additional displays at a rate of 12 per hour, or one every 5 minutes. This should balance the needs of the business with the safety and nuisance factors that could be associated with the sign. 3 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ìï ±º îðì ß¹»²¼¿ ×¬»³ Öî Myth Sign During the first reading of the dynamic display sign ordinance the city council heard from Jeff Kehr, manager of the Myth, regarding concerns over the proposed time changeover rate of 10 minutes for on-site dynamic display signs. At that time the city council inquired about the history of the Myth sign. For the city council?s review once again staff is including the Myth sign background report and supporting documents which were submitted to the city council during the January 17 city council meeting (Attachment 3). The minutes of the meeting reflect that Mr. Kehr attended the city council meeting and addressed and answered questions of the city council (Attachment 4). While the written minutes do not address his exact statement it should be noted that Mr. Kehr did agree to abide by the city?s new dynamic display sign ordinance during that meeting. RECOMMENDATIONS 1. Approve the dynamic display sign and licensing ordinance amendment attached (Attachment 1). This code amendment modifies and adds language to the city?s sign and licensing code for dynamic display signs including modifications to the prohibited signs (Section 44-737), temporary signs (Section 44-891), and comprehensive sign plan (Section 44-736); and adds language to the city?s licensing ordinance (Section 14-26). 2. Approve the resolution setting a licensing fee for dynamic displays at a rate to match the sign permit fees, currently $160 for freestanding signs and $105 for wall signs (Attachment 2). 3. Consider requiring the community center sign and all city hall campus signs to be reviewed by the CDRB for an approved comprehensive sign plan. Attachments: 1. Dynamic Display Sign and Licensing Ordinance 2. Dynamic Display Licensing Fee Resolution 3. January 9, 2008, City Council Memorandum Regarding Myth Sign 4. January 17, 2008, City Council Minutes 4 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ìî ±º îðì ß¹»²¼¿ ×¬»³ Öî ORDINANCE NO. ____ AN ORDINANCE AMENDING THE SIGN AND LICENSING CODE TO ALLOW DYNAMIC DISPLAY SIGNS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment revises Section 44-737 (prohibited signs): Signs that are not specifically permitted in this article are hereby prohibited. The following signs are specifically prohibited: (3) Signs that have blinking, flashing or fluttering lights. Signs that give public service information, such as time and temperature are exempt. Section 2. This amendment revises Section 44-807 (temporary signs): (i) Temporary signs with blinking, flashing, or fluttering lights or with dynamic displays are prohibited. Section 3.ITEMS IN This amendment revises Section 44-736 (comprehensive sign plan) BOLD WERE REVISED DURING THE FIRST READING : A comprehensive sign plan shall be provided for the following: (1) business premises which occupy the entire frontage in one or more block fronts or for the whole of a shopping center or similar development having five or more tenants in the project; (2) (3) large campuses consisting of buildings and land of dynamic display wall signs; ten or more acres and (4) shared signs. Such a plan, which shall include the location, size, heights, color, lighting and orientation of all signs, shall be submitted for preliminary plan approval by the city.; provided that, if such comprehensive plan is presented, for in eExceptions to the sign code schedule regulations of this article may be permitted the,and and dynamic display changeover rates sign areas densities for the plan as a whole if the signs are in conformity with the intent of this article, and if such exceptions results in an improved relationship between the various parts of the plan, and encourages and promotes the removal of nonconforming signs through the use of shared signs. Comprehensive sign plans shall be reviewed by the community design review board. The applicant, staff and city council may appeal the community design review board?s decision. An appeal shall be presented to city staff within 15 days of the community design review board?s decision to be considered by the city council. Section 4. Adopt an off-site and on-site dynamic display sign ordinance to be included in the ITEMS IN BOLD city sign code (Article III, Section 44-731 through Section 44-1024) as follows WERE REVISED DURING THE FIRST READING, ITEMS IN BOLD AND ITALICS ARE SUGGESTED BY THE CITY ATTORNEY: a. Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction of drivers can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. In such a case, drivers may watch a sign waiting for the next change to occur. Drivers also are distracted by messages that do not tell the full story in one look. People have a Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ìí ±º îðì ß¹»²¼¿ ×¬»³ Öî natural desire to see the end of the story and will continue to look at the sign in order to wait for the end. Additionally, drivers could be more distracted by special effects used to change the message, such as fade-ins and fade-outs. Finally, drivers are generally more distracted by messages that are too small to be clearly seen or that contain more than a simple message. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed by those observing them, and are only accurate with frequent changes. Due to these public safety concerns, the city should only allow the use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction, to minimize their proliferation in residential districts where signs can adversely impact residential character, and to protect the public health, safety, and welfare. Local spacing requirements could interfere with the equal opportunity of sign owners to use such technologies and are not included. Without those requirements, however, there is the potential for numerous dynamic displays to exist along any roadway. If more than one dynamic display can be seen from a given location on a road, the minimum display time becomes critical. If the display time is too short, a driver could be subjected to a view that appears to have constant movement. This impact on drivers would be compounded in a traffic corridor with multiple signs. If dynamic displays become pervasive and there are no meaningful limitations on each sign?s ability to change frequently, drivers may be subjected to an unsafe degree of distraction and sensory overload. Therefore, requiring a longer display time on dynamic signs is in the public interest. A constant message is typically needed on an on-premise sign so that the public can use it to identify and find an intended destination. Changing messages detract from this way-finding purpose and could adversely affect driving conduct through last-second lane changes, stops, or turns, all of which could result in traffic accidents. In conclusion, the City of Maplewood finds that dynamic displays should be allowed on off and on-premise signs but with significant controls to minimize their proliferation and their potential threats to public health, safety, and welfare. b. Dynamic display sign means any sign designed for outdoor use that is capable of displaying a video signal, including, but not limited to, cathode-ray tubes (CRTs), light-emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCDs), or other technologies used in commercially available televisions or computer monitors. Signs with this technology which are placed by a public agency for the purpose of directing or regulating pedestrian or vehicle used for life/safety issues, such as traffic control signs movement, are exempt from this ordinance. c. Noncommercial dynamic display signs are allowed wherever commercial dynamic display signs are permitted and are subject to the same standards 2 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ìì ±º îðì ß¹»²¼¿ ×¬»³ Öî and total maximum allowances per site or building of each sign type specified in this chapter. d. Standards for all dynamic display signs: (1) The images and messages displayed on the sign must be complete in themselves, without continuation in content to the next image or message or to any other sign; (2) Every line of copy and graphics in a dynamic display must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. (3) Dynamic display signs must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to discontinue the display if it malfunctions, and the sign owner must stop the dynamic display within one hour of being notified by the city that it is not meeting the standards of this ordinance; (4) Dynamic display signs must meet the brightness standards contained in subdivision h. below; (5)Dynamic display signs existing on (insert the effective date of this ordinance) must comply with the operational standards listed above. e. On-site dynamic display signs are allowed subject to Article III (Sign Regulations) of the city?s zoning code, the above mentioned standards for all dynamic display signs, and the following additional conditions: (1) Located in the Business Commercial (BC) or Heavy or Light Industrial (M- 2 and M-1) zoning districts only. (2) The images and messages displayed on the on-premise dynamic display sign must be static and each display must be maintained for a minimum 510 of minutes; and the transition from one static display to another must be instantaneous without any special effects; (3) Are allowed as part of a permanent freestanding sign, provided that the sign comprises no more than 50 percent of the total square footage of said sign face. (4) Must be located at least 200 feet from any residential land use district on which there exists structures used for residential purposes or any residential structure; or from any park or open space land use district. (5) Must be located at least 100 feet from any side property line. 3 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ìë ±º îðì ß¹»²¼¿ ×¬»³ Öî (6) Display and advertisement of products, events, persons, institutions, activities, businesses, services, or subjects which are located on the premises only or which give public service information. f. Off-site dynamic display signs are allowed subject to Sections 44-836 ? 44-841 (Billboards) of the city?s zoning code and the following, the above mentioned standards for all dynamic display signs, and the following s additional condition: (1)A dynamic display sign is allowed by conditional use permit approved by the city council. (2)The images and messages displayed on the sign must be static and each 1 minute12 seconds display must be maintained for a minimum of , and the transition from one static display to another must be instantaneous without any special effects; g. Incentive. Off-premises signs do not need to serve the same way-finding function as do on-premises signs and they are distracting and their removal serves the public health, safety, and welfare. This clause is intended to provide an incentive option for the voluntary and uncompensated removal of off-premise signs in certain settings. This sign removal results in an overall advancement of one or more of the goals set forth in this section that should more than offset any additional burden caused by the incentive. These provisions are also based on the recognition that the incentive creates an opportunity to consolidate outdoor advertising services that would otherwise remain distributed throughout Maplewood. Reduction of Sign Surfaces (1) A person or sign operator may obtain a conditional use permit for a dynamic display sign on one surface of an existing off-premises sign if the following requirements are met: (a) The applicant agrees in writing to reduce its off-premise sign surfaces by one by permanently removing, within 15 days after issuance of the permit, one surface of an off-premises sign in the city that is owned or leased by the applicant, which sign surface must satisfy the criteria of parts (2) and (3) of this subsection. This removal must include the complete removal of the structure and foundation supporting each removed sign surface. The applicant must agree that the city may remove the sign surface if the applicant does not do so, and the application must identify the sign surface to be removed and be accompanied by a cash deposit or letter of credit acceptable to the city attorney sufficient to pay the city?s costs for that removal. The applicant must also agree that it is removing the sign surface voluntarily and that it has no right to compensation for the removed sign surface under any law. Replacement of an existing sign surface of an off-premises sign with a dynamic display sign does not constitute a removal of a sign surface. 4 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ìê ±º îðì ß¹»²¼¿ ×¬»³ Öî (b) The city has not previously issued a dynamic display sign permit based on the removal of the particular sign surface relied upon in this permit application. (c) If the removed sign surface is one that a state permit is required by state law, the applicant must surrender its permit to the state upon removal of the sign surface. The sign that is the subject of the dynamic display sign permit cannot begin to operate until the sign owner or operator provides proof to the city that the state permit has been surrendered. (2) If the applicant meets the permit requirements noted above, the city shall issue a dynamic display sign permit for the designated off-premises sign. This permit will allow a dynamic display to occupy 100 percent of the potential copy and graphic area and to change no more frequently than 12 seconds once every 1 minute. The designated sign must meet all other requirements of this ordinance. h. Brightness Standards. (1)City staff shallhave sole authority to approve t The following brightness standards are requiredfor all dynamic display signs: (a) No sign shall be brighter than is necessary for clear and adequate visibility. (b) No sign shall be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver?s operation of a motor vehicle. (c) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. (2) The person owning or controlling the sign must adjust the sign to meet the brightness standards in accordance with the city?s instructions. The adjustment must be made within one hour upon notice of non-compliance from the city. (3) All dynamic display signs installed after (insert the effective date of this ordinance) will have illumination by a means other than natural light must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if the sign malfunctions, and the sign owner or operator must turn off the sign or lighting within one hour after being notified by the city that it is not meeting the standards of this section. (4) In addition to the brightness standards required above, dynamic display signs shall meet the city?s outdoor lighting requirements (section 44- 20(1)). 5 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ìé ±º îðì ß¹»²¼¿ ×¬»³ Öî i. Public Safety. If city staff determines that a dynamic display sign is not being a safety hazard due to its location or operated pursuant to this ordinance display capabilities , city staff can require that the sign be moved, removed, or modified after notice to the property owner. Section 5. Adopt an off-site and on-site dynamic display sign licensing ordinance to be included in the city licensing code (Article II, Section 14-26 through Section 14-1437) as follows: a. Purpose and Findings. The purpose and intent of this chapter is to establish rules, regulations and standards for dynamic display signs within the City of Maplewood. b. Definitions. The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: Dynamic display sign means any sign designed for outdoor use that is capable of displaying a video signal, including, but not limited to, cathode-ray tubes (CRTs), light-emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCDs), or other technologies used in commercially available televisions or computer monitors. Signs with this technology which are placed by a public agency for the purpose of directing or regulating pedestrian or vehicle for life/safety issues, such as traffic control signs, movementused are exempt from this ordinance. *State law references ? The 1965 Highway Beautification Act and corresponding state laws are in place to provide for effective control of outdoor advertisement. Roadside billboards fall under this category. It is the intent that the cities regulations adhere to these overriding federal and state statutes. c. License Required. No person shall operate an off-site or on-site dynamic display sign in the city without first obtaining a license. Licenses are required to be reviewed annually. d. License Fee and Term of License. Licenses issued pursuant to this chapter are transferable from one owner to another. The amount to be paid for a license required by this chapter shall be equal to the cost of the dynamic display sign permit, established and fixed by the city council, by resolution, from time to time. e. Application for Issuance of License. Applications for a license required by this chapter shall be made to the city on a form supplied by the city, a minimum of thirty (30) days prior to the desired start date. The applicant shall state the full name and address of the applicant; the full business name and address of the applicant; contact phone numbers; the location/legal description of the premises where said dynamic billboard will be located; a letter describing operation; a site plan showing location of the dynamic display sign, and such other information as required by the applicant form. f. Application Process. The completed application shall be presented to the city clerk for review by the community development department. If the community 6 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ìè ±º îðì ß¹»²¼¿ ×¬»³ Öî development department finds the license meets the dynamic display sign code requirements, the city clerk shall issue a license. g. Inspection. The premises of any licensee under this chapter shall be open to inspection at any time during business hours by any authorized officer of the city. h. Duration; renewal. Any license issued under this chapter shall be for one year only, and the application for renewal must be presented to the city clerk each year. The city shall have the right not to reissue a license for a dynamic display sign if the sign is found to be noncompliant with the city?s dynamic display sign code. The licensee has the right to appeal such license denial to the city council. Section 6. This ordinance shall take effect after the city publishes it in the official newspaper. The City Council approved the first reading of this ordinance on July 28, 2008. The City Council approved the second reading of this ordinance on August 11, 2008. _______________________________ Mayor Attest: ________________________________ City Clerk 7 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ìç ±º îðì ß¹»²¼¿ ×¬»³ Öî Dynamic Display Sign Licensing Fee Resolution WHEREAS, the City of Maplewood has adopted a dynamic display sign ordinance to regulate the number, location, and use of dynamic display signs within the city. WHEREAS, a dynamic display sign means any sign designed for outdoor use that is capable of displaying a video signal, including, but not limited to, cathode-ray tubes (CRTs), light-emitting diode (LED) displays, plasma displays, liquid-crystal displays (Lads), or other technologies used in commercially available televisions or computer monitors. Signs with this technology which are placed by a public agency for the purpose of directing or regulating pedestrian or vehicle movement are exempt from this definition. WHERAS, the city has determined that there will be costs associated with additional monitoring and enforcement of dynamic display signs and as such have included a licensing requirement and fee for persons who operate an off-site or on-site dynamic display sign in the city in order to recoup those costs. Licenses are required to be reviewed annually. WHEREAS, Section 14-27 of the city?s licensing ordinance states that license fees associated with a license shall be imposed, set, established and fixed by the city council from time to time. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council sets the yearly dynamic display licensing fee to match the yearly sign permit fee for freestanding and wall signs, currently set at $160 for freestanding signs (including billboards) and $105 for wall signs (2008 rates). The Maplewood City Council adopted this resolution on August 11, 2008. Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ëð ±º îðì ß¹»²¼¿ ×¬»³ Öî MEMORANDUM TO: Greg Copeland, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Myth Lifestyle Freestanding Sign Discussion LOCATION: 3090 Southlawn Drive DATE: January 9, 2008 for the January 14 City Council Meeting INTRODUCTION At the December 10, 2007, city council meeting, the city council directed staff to provide an update on the status of the Myth?s freestanding sign with a light emitting diode (LED) sign face. The city issued a permit for the sign in 2004, and has been working with the Myth since its construction to ensure it meets the city?s sign code requirements. BACKGROUND December 30, 2004: The city issued a sign permit for the installation of a 222 square foot freestanding sign to be located along County Road D (Attachment 1). The sign included a double-face, full-color LED display. Issuing sign permits had been the responsibility of one of the planners, Shann Finwall, since her employment began in 2001. However, during Ms. Finwall?s maternity leave from December 2004 through February 2005 another planner, Ken Roberts, reviewed and issued sign permits. During that time period the Myth submitted a sign permit application to the city. Prior to this the city had never issued a sign permit for the new LED-style signs, and as such it was new technology which staff was not familiar with. For this reason Mr. Roberts consulted with the senior planner, Tom Ekstrand, and they both agreed that the sign should be interpreted as an ?animated sign? as defined in the city sign code as follows: Animated sign means any sign which depicts action or motion. For purposes of this article, this term does not refer to flashing, changing or indexing, all of which are separately defined. Animated signs shall comply with the following conditions: 1. No animated signs shall be erected or maintained closer than 75 feet from any residential land use district on which there exist structures used for residential purposes. 2. No animated sign may be erected in any location which would obstruct the vision of or be confused with a traffic signal or stop sign. Mr. Roberts and Mr. Ekstrand determined that the sign met the criteria above and as such issued the sign permit. What they didn?t consider, however, was the city?s prohibited sign code language as follows: Prohibited signs include?signs that have blinking, flashing, fluttering lights, make noise, or change in brightness or color except for electronic message boards that display only time and temperature or similar public service messages according to the requirements specifically outlined in this chapter. Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ëï ±º îðì ß¹»²¼¿ ×¬»³ Öî March 2005: Ms. Finwall returned to work from maternity leave and noticed the Myth sign. Ms. Finwall checked the sign permit file to see how the sign was approved, knowing that the code prohibits blinking and flashing signs. Once Ms. Finwall determined how the sign permit was issued and the interpretation of the code Mr. Robert and Mr. Ekstrand issued the sign under, Ms. Finwall contacted the city attorneys for their legal opinion and scheduled the item for review by the community design review board (CDRB). April 2006: Ms. Finwall brought the Myth sign issue to the CDRB for an interpretation of the sign code, requesting an opinion on whether that the sign would be considered an ?animated sign? or a ?prohibited sign.? At this point the city attorneys (Kelly and Fawcett) had given staff a preliminary legal analysis regarding the Myth sign which stated that under the current sign code language the sign is prohibited, focusing on the ?change in brightness or color? part of the prohibited sign code section. The city attorneys further felt that the city could declare an error in the permitting process and ask the Myth to go through the approval process again, requesting that they apply for a variance to the sign code. However, they warned that the Myth had probably spent a lot of money on the sign and relied on the sign permit before buying it. For this reason they cautioned staff that asking the Myth to go through the variance process with the possibility of requiring them to remove the sign could leave the city exposed to legal action. The CDRB determined that the Myth sign was not an animated sign, but a sign with the capability to flash, blink, and change in brightness and color. As such, the Myth sign is a prohibited sign according to the city?s sign code and should only be allowed with a variance. The CDRB further requested that city staff draft language addressing the new LED-style signs for their review to include in the draft sign code language that the board had been drafting. May 9, 2006: The city attorneys drafted a memorandum to staff which gave their final legal analysis of the Myth sign (Attachment 2). The analysis determined that the Myth sign is prohibited, that the sign permit was issued in error, and to correct the mistake the city should give the Myth the option of applying for a variance or removing the sign. May 19, 2006: Mr. Roberts and Ms. Finwall met with Jeff Kehr, manager of the Myth. During the meeting staff stated that the city attorney and the CDRB have determined that the Myth?s freestanding sign is prohibited under the city?s sign code and that the sign permit was issued in error. The Myth could bring the sign into compliance one of two ways: use it primarily for public service messaging or apply for a variance to allow the commercial messages to blink, flash, and change in color or brightness. Mr. Kehr agreed to start using the sign for public service messaging in addition to advertising events at the Myth. July 6, 2006: The CDRB recommended approval of a sign code amendment which would add a definition for the new LED-style signs, and included those signs in the prohibited section of the draft sign code. February 2007: Ms. Finwall received a request by Bremer Bank to install an electronic readerboard sign on an existing pylon sign. Ms. Finwall stated that the city could issue a sign permit for such a sign only if it was used primarily for public service messaging. Since the bank wanted to advertise their loan rates, etc., in addition to public service messaging they asked for a definition of ?primarily.? Ms. Finwall again brought the issue to the CDRB for their interpretation of the sign code. The CDRB determined that a sign could flash, blink, or change in color or brightness only if used at least 31 minutes (51 percent) out of every hour for public service messaging. 2 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ëî ±º îðì ß¹»²¼¿ ×¬»³ Öî June 11, 2007: Ms. Finwall wrote a letter to Mr. Kehr addressing several issues at the Myth, one of which was the sign (Attachment 3). Ms. Finwall indicated in the letter that city staff had monitored the Myth sign over the last year and found that the time and temperature was displayed on occasion, and that no other type of public service message had been displayed as witnessed by city staff. In addition, Ms. Finwall informed Mr. Kehr of the CDRB?s interpretation of the word primarily, and that in order to bring the Myth sign in compliance they would now need to dedicate at least 31 minutes out of every hour as public service messaging, or apply for a variance. June 22, 2007: Mr. Kehr wrote a letter to the city addressing several of the issues in Ms. Finwall?s letter (Attachment 4). Regarding the sign, Mr. Kehr indicated that the Myth would be applying for a variance to retain the sign. Mr. Kehr stated that the owner, Mike Ogren, would be providing a letter in the near future regarding his intentions. June 23, 2007: Mike Ogren submitted a letter to Ms. Finwall which stated that he would not have purchased the sign if he knew it had to be used for public service messaging (Attachment 5). He went on to say that ?if the city wants to reimburse him $500,000 he will take down the sign, otherwise he will continue to run the sign as it is.? In the letter Mr. Ogren also state that ?he hopes he can get a variance on this, if not he is prepared to go all the way legally.? August 24, 2007: Ms. Finwall drafted a zoning letter to All American Title for the sale or refinancing of the Myth (Attachment 6). In the letter Ms. Finwall stated that the Myth still needs to submit a variance application to retain the freestanding sign, or modify displays on the sign so that it displays primarily public service messaging. DISCUSSION In December 2007, based on the settlement agreement with Clear Channel over the installation of an LED billboard sign within the city, the city council adopted an amendment to the prohibited sign code language to remove language which was determined by the city attorney to prohibit such signs as follows: ?The following signs are prohibited:?Signs which blink, flash, flutter, or change in color and brightness, unless used primarily for public service messages.? This change not only makes the LED billboard signs legal as long as they don?t blink and flash, but it also makes LED, electronic readerboard, dynamic display, or any variation of these types of sign legal anywhere in the city (on-site or off-site) without any restrictions. The Myth sign, therefore, could now come into compliance under our current code if the owners agreed to discontinue using sign images which flashed, blinked, or fluttered. If the sign image remained constant it would conform to the city?s current sign code (regardless of public service messaging or any time limits on how long the sign has to remain constant before changing over). On January 8, 2008, the CDRB began drafting a proposed on-site dynamic display sign code to compliment the off-site dynamic display sign code which was recommended for approval by the CDRB and the planning commission in December 2007. A dynamic display has been defined as any sign with old or new technology that allows the sign to change in color and brightness, flash, blink, flutter, etc. This would include the new LED-style signs and the older electronic reader board signs. The Myth sign was reviewed and used as an example during the CDRB?s initial discussions of the proposed on-site dynamic display sign code. 3 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ëí ±º îðì ß¹»²¼¿ ×¬»³ Öî RECOMMENDATION City staff recommends no action be taken on the Myth sign until after the city council reviews, and possibly adopts, an on-site dynamic display sign code. After which time city staff will work closely with the Myth to ensure that the sign is brought into compliance with the new code if it applies, or the existing code if necessary. P:\com-dev\sec2n\The Myth\Sign Discussion Memo Attachments: 1. Myth Sign Permit 2. April 2006 Kelly and Fawcett City Attorney Legal Opinion Memorandum 3. June 11, 2007, Correspondence to the Myth Manager, Jeff Kehr 4. June 22, 2007, Correspondence from the Myth Manager 5. June 23, 2007, Correspondence from the Myth Owner, Mike Ogren 6. August 24, 2007, Myth Zoning Letter 4 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ëì ±º îðì ß¹»²¼¿ ×¬»³ Öî Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ëë ±º îðì ß¹»²¼¿ ×¬»³ Öî Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ëê ±º îðì ß¹»²¼¿ ×¬»³ Öî Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ëé ±º îðì ß¹»²¼¿ ×¬»³ Öî Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ëè ±º îðì ß¹»²¼¿ ×¬»³ Öî Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ëç ±º îðì ß¹»²¼¿ ×¬»³ Öî Ð¿½µ»¬ Ð¿¹» Ò«³¾»® êð ±º îðì ß¹»²¼¿ ×¬»³ Öî Ð¿½µ»¬ Ð¿¹» Ò«³¾»® êï ±º îðì ß¹»²¼¿ ×¬»³ Öî Ð¿½µ»¬ Ð¿¹» Ò«³¾»® êî ±º îðì ß¹»²¼¿ ×¬»³ Öî Ð¿½µ»¬ Ð¿¹» Ò«³¾»® êí ±º îðì ß¹»²¼¿ ×¬»³ Öî Ð¿½µ»¬ Ð¿¹» Ò«³¾»® êì ±º îðì ß¹»²¼¿ ×¬»³ Öî Ð¿½µ»¬ Ð¿¹» Ò«³¾»® êë ±º îðì ß¹»²¼¿ ×¬»³ Öî Ð¿½µ»¬ Ð¿¹» Ò«³¾»® êê ±º îðì ß¹»²¼¿ ×¬»³ Öî Ð¿½µ»¬ Ð¿¹» Ò«³¾»® êé ±º îðì ß¹»²¼¿ ×¬»³ Öî Ð¿½µ»¬ Ð¿¹» Ò«³¾»® êè ±º îðì ß¹»²¼¿ ×¬»³ Öî Ð¿½µ»¬ Ð¿¹» Ò«³¾»® êç ±º îðì ß¹»²¼¿ ×¬»³ Öî Ð¿½µ»¬ Ð¿¹» Ò«³¾»® éð ±º îðì ß¹»²¼¿ ×¬»³ Öî Ð¿½µ»¬ Ð¿¹» Ò«³¾»® éï ±º îðì ß¹»²¼¿ ×¬»³ Öî MINUTES MAPLEWOOD CITY COUNCIL CONTINUATION OF JANUARY 14, 2008 COUNCIL MEETING 7:00 p.m., Thursday, January 17, 2008 Council Chambers, City Hall Meeting No. 1 3. Myth Sign Review ? 3090 Southlawn Drive a. Senior Planner, Tom Ekstrand presented the report. b. City Attorney, Alan Kantrud answered questions of the council. c. Jeff Kehr, Myth General Manager, 3090 Southlawn Drive, Maplewood addressed and answered questions of the council. No Council action was needed for this item. 5. Reconsider item F3 from December 10, 2007, city council meeting; sign code Amendment, Second Reading ? Councilmember Will Rossbach ? No Report a. Councilmember Rossbach reported on the subject. b. City Attorney, Alan Kantrud answered questions of the council. c. Senior Planner, Tom Ekstrand answered questions of the council. Councilmember Rossbach moved to direct staff to prepare a moratorium ordinance that would allow the council an opportunity to complete preparation of the dynamic sign portion of the sign ordinance to its full extent. Seconded by Councilmember Juenemann. Ayes - All The motion passed January 17, 2008, City Council Meeting 1 (Continuation from January 14, 2008) Ð¿½µ»¬ Ð¿¹» Ò«³¾»® éî ±º îðì Agenda Item K1 AGENDA REPORT TOCity Council : FROM: Charles Ahl, Acting City Manager SUBJECT: Carver Crossing Development ? Consider Approving Development Contract with CoPar for Settlement of Litigation and Development Plan DATE: August 6, 2008 INTRODUCTION On May 12, the City Council approved a resolution on the Carver Crossing Development [also known as CoPar] that granted a Conditional Use Permit for a Planned Unit Development of 174 units. The approval provided for the settlement of the on-going litigation with CoPar over the denial of the 191 unit development. The resolution adopted by the City Council directed the preparation of a Development Contract incorporating the Council?s findings for approval of the development and settlement of the litigation. The Development Contract has taken many weeks of discussion involving thrd,thth the Attorneys for all parties and was tabled on June 9 , June 23 July 14 and July 28 by the Council because the final draft was not completed. The Development Contract will be presented by the City?s Attorney, John Baker. Approval of that Development Contract is recommended. BACKGROUND As background, the City Council previously denied a proposed 191-unit proposal for Carver Crossing. That denial occurred on September 28, 2006. The developer of that plan, CoPar Companies, litigated the denial decision. The court proceedings on that litigation were scheduled to begin on June 2, 2008. th At the May 5 meeting held to consider the revised plans, the CoPar representatives acknowledged that they recognize that the plan was submitted for settlement purposes and stated that no additional litigation would result from the revised plan. The staff and attorneys recommended that the Council accept the settlement and that approval be in the form of a resolution that establishes the terms of the settlement. The resolution establishing the terms of the settlement are included within the Development Contract. These terms were negotiated with CoPar on the final language for dismissal of the litigation. Development Contract Conditions The plan is for 174 units from the original 191 unit proposal. The 174 units was arrived at in negotiations The portion of the site, shown as Conservation Easements remains and provides a 300-foot protected corridor for Fish Creek. Building pads are indicated to be 40X60 which would also allow for a 20-foot deck without impacting the Conservation Easement area. The pads are at a 25-foot setback from the public roads. The new units will be shown to not significantly impact the overall site plan development area. Ð¿½µ»¬ Ð¿¹» Ò«³¾»® éí ±º îðì Carver Crossing Development Contract Page Two The road right of way for a majority of the roads is shown as 50-foot in width. The streets are 24-foot in width and include a 10-foot wide trail, or 6-foot sidewalk, along a majority of the streets. No median exists on Henry Lane across Fish Creek. A guard rail system for protection from vehicles potentially leaving the 494 Corridor will be designed by a register engineer to MnDOT specifications. CoPar Companies have agreed to limit 2008 construction to the northern portion, although it is likely that there will be no construction in 2008. They may be allowed to build one model home on the south side but would hold off on anything major for the southern portion until after June 30, 2009, although a later date may be possible and CoPar has agreed to discuss a later date after the Development Contract is considered. CoPar has shown an exhibit that includes 16 lots on the far southwestern side of the site highlighted to be on hold for the City purchase. The overall site plan with a referendum passed and combined with Conservation Easement coverage and public dedication creates a site where 50% of the site would be ?green?. The City could consider exploration of a referendum or explore other financing issues for the purchase of major portions of this southern area during the remainder of 2008 and into the first half of 2009. CoPar has agreed to extend the date for closing on purchases in the southern area to June 30, 2009. Additionally, CoPar has agreed to a full PAC fee charge of $574,200 [174 X $3,300] that could be used for purchase of area within the southern portion of the site, although as lots are reduced, the PAC fee is also reduced in amount. The financial proposals and the conditions of settlement are: City agrees to prepare all public improvements as a City project. All design, engineering by the city. o City will assess the public improvements attributable to the development at the exact o interest rate of the bond sale over a 15-year term. CoPar will have joint approval over final design. o no There we be cost sharing of the developer responsibilities for the improvement o costs. The City?s role will be to implement and supervise the installation of the eventual public improvements at CoPar?s expense. The City may consider providing improvements for future utility extensions as part of o the project, at Maplewood?s expense. CoPar will assure that all property taxes are current within 60 days of settlement. o The following are part of the development agreement: Carver Crossing development shall be approved as proposed on March 31, 2008, and o which have been revised to reflect 174 units in a similar layout and footprint to the 165 unit proposal that was reviewed and considered. CoPar reserves the provision to retain vested interests in Carver Crossing, which o provides that Maplewood recognizes that the project will be phased in construction and development. Ð¿½µ»¬ Ð¿¹» Ò«³¾»® éì ±º îðì Carver Crossing Development Contract Page Three CoPar agrees that Phase 1 will not include anything beyond the roundabout in the o southern portion of the development in calendar year 2008. CoPar will agree to the identified 16 lots in the southern phase, shown as referendum o lots are available for purchase by the city as follows: First 16 lots: $150,000 per lot After 16 lots: appraised value, with CoPar having right of refusal CoPar agrees that if the City purchases at least 1 lot under this provision, all green o space identified in the March 31, 2008 plans shall be dedicated to the City at the cost of $1.00 and all other valuable considerations, which shall be at the City?s option after careful consideration regarding the benefits of City ownership and control of this open space versus the expense of long-term maintenance. CoPar agrees that the City may choose to declare / identify trail corridors through the o open space areas and conservation easement areas. CoPar and any future owners/builders agree to disclose to all potential lot purchasers this important future construction fact to avoid confusion on future intents to improve the open space area. The City acknowledges that it has approved the preliminary plat, Conditional Use o Permit for a Planned Unit Development and the Vacation of Existing Easements consistent with the plans dated March 31, 2008 and as revised to reflect the addition of 9 units to increase the number of units within the development from 165 to 174. Additional Information Mayor Longrie has provided the following questions that were directed to Mr. Baker. Mr. Baker?s response follows the e-mail message from Mayor Longrie. From: Diana Longrie Sent: Sunday, July 13, 2008 11:42 AM To: Chuck Ahl Cc: Diana Longrie (External) Subject: Materials needed to prepare for Monday's council meeting on July14, 2008 Dear Mr. Ahl, There are a number of items that appear to be missing from the council packet that are needed by the Council to make informed decisions on behalf of the citizens. To properly prepare for the council discussion on the CoPar Developer Agreement, I hereby request a copy of the Developer Agreement be provided to me and the council before noon on July 14, 2008 so we have an opportunity to fully review the terms of the proposed agreement and how it is drafted. Additionally, please provide: 1. certification from Ramsey County that CoPar, and/or its subsidiaries/related entities, owning property in Maplewood are current through July 14, 2008 on their Ramsey County property taxes. Ð¿½µ»¬ Ð¿¹» Ò«³¾»® éë ±º îðì Carver Crossing Development Contract Page Four 2. verification from the state of WI that CoPar, and/or its subsidiaries/related entities, have paid through July 14, 2008all withholding taxes that were delinquent and outstanding in the state of WI 3. financial prospectus for CoPar and/or its subsidiaries/related entities certified by CoPar's accountant as to their present and current assets, current liabilities and debts in arrears 4. sworn and notarized disclosure by CoPar Officer(s) as to the following involving "CoPar" and any of its related subsidiaries or entities, including but not limited to CoPar Marketing, CoPar Development LLC, CoPar Companies LLC, CoPar Property Management, CoPar Construction since January 2006: a. any and all foreclosures (including lender notices recently received for pending foreclosure actions which have not gone to sheriff's sale yet), b. any and all deeds in lieu of foreclosure, c. any and all Accords and Satisfaction in settlement of financial indebtedness, d. any and all unpaid property taxes in any jurisdiction, e. any and all employee claims of non-payment of wages/withholding taxes, f. any and all bankruptcy filings including those scheduled/ anticipated within the next 12 months. 5. certification from the City of Cambridge regarding the following for CoPar and any of its related subsidiaries/entities: a. compliance or non-compliance with any development agreement (or similar document) entered into with the City of Cambridge, b. compliance or violations of any contruction/permiting conditions set for CoPar, c. status of any and all escrow/letter of credit / performance bonds to which CoPar, or their agents/subsidiaries, were a party in development(s) in the City of Cambridge. d. description of any citations issued to CoPar, or their contractors, by any governmental body/regulators etc. and the current status of said citations. e. anything else that the City of Cambridge has to provide as to information regarding foreclosures of CoPar's property in Isanti County. As always, please provide an update on any significant issues or information that, in your personal and professional judgment, you feel I should be cognizant of. Thank you, Diana Longrie Mayor of Maplewood Ð¿½µ»¬ Ð¿¹» Ò«³¾»® éê ±º îðì Carver Crossing Development Contract Page Five Mr. Bakers response to Mayor Longrie?s requests: Chuck: Thanks for forwarding this. Beyond the Development Agreement (which continues to be a work in process), the particular documents that the Mayor is requesting are not within our possession or the City?s possession, and obtaining them all would require a substantial investigation. It also exceeds the direction provided to us by the Council in the past. Thus, it is my recommendation that the requested effort should be undertaken, if at all, only if the Council as a whole so directs. The breadth of the request presumes that, after granting approval for a CUP/PUD and preliminary plat approval, the City has authority to refuse to enter into a development agreement with a developer based on considerations that are not founded in any legislated criteria. To some degree, the absence of such criteria limits the ability of the City to refuse to enter into a development agreement, even if that refusal were based upon information of the kind included in the request (or upon the failure of the developer to provide or the City to obtain that information). My suggestion is that the Council?s attention is better focused on the question of whether such criteria should be incorporated into its Code. John M. Baker JBaker@greeneespel.com RECOMMENDATION It is recommended that the City Council adopt a motion that approves the Development Contract for the Carver Crossing Development. Attachments: 1. Development Contract Ð¿½µ»¬ Ð¿¹» Ò«³¾»® éé ±º îðì CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA FOR CARVER CROSSING DEVELOPMENT THIS AGREEMENT , made and entered into this __ day of _____________, 2008, by and between the City of Maplewood, a municipal corporation and political subdivision organized Development, LLC, a Minnesota limited liability company (hereinafter referred to as WITNESS: WHEREAS, the Developer is the fee owner ofthe Real Property described on ExhibitA WHEREAS, the Developer has sought approval from the City and the City has approved the development of the Property in accordance with the terms of this Agreement, Resolutions 08- 05-068, 08-05-069 and 08-05- the Development Plans, each of which are incorporated herein by reference; passed on May 12, 2008, (1) approved a Conditional Use Permit for a Planned Unit Development of the Property (2) Directed the Vacation of Existing Easements, (3) Approved a Preliminary Plat and (4) approved settlement concepts regarding the resolution of certain litigation (Ramsey County Court File No.62-C5-06-010746) by and between the Developer and the City; WHEREAS, the development of the Property by the Developer consists of a project his Agreement. Generally, the Project consists of 174 unit single family residential development with conservation easements, 300 foot protected corridor for Fish Creek and approximately 29.35 acres of open space; WHEREAS, the City acknowledges that theDeveloper may develop the Property in phases as described herein; connection with a discretionary Environmental Assessment Worksheet and resolution dated July 10, 2006 the City Council issued a negative declaration on the need for an Environmental Impact Statement; WHEREAS, the Developer agrees that development of a certain portion of the Property (depicted on ExhibitA) will be delayed under the terms as set forth herein; {121185.DOC} Ð¿½µ»¬ Ð¿¹» Ò«³¾»® éè ±º îðì WHEREAS, it is the policy of the City to enter into development contracts as contemplated in Minnesota Statutes Section 462.358, Subd. 2(a); and WHEREAS, the Findings attached hereto as Exhibit Bare incorporated by reference. WHEREAS, the parties hereto desire to set forth their respective rights and obligations of the parties to this Agreement with respect to development of the Subdivision. AGREEMENT: NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions contained herein, it is agreed by the parties hereto as follows: I. DEFINITIONS The following terms, unless elsewhere defined specifically in the Development Contract, shall have the meanings as set forth below. 1.1City.nnesota municipal corporation. 1.2Developer. 1.3Owner. 1.4Plat. property located in the City of Maplewood, County of Ramsey, State of Minnesota, and legally described on the attached ExhibitA. 1.5Development Plans. specifications and surveys identified and checked on the attached ExhibitC, and hereby incorporated by reference and made a part of this Development Contract and described below: a.Preliminary Plat. b.Site Plan. c.Concept Plan with Referendum Areas. d.Grading, Erosion Prevention, and Sediment Control Plan. e.Utility Plan. f.Storm Water Management Plan. g.Wetland Mitigation/Rain Garden Plan. h.Tree Preservation Plan. i.Open Space Plan. j.Master Landscape Plan. k.Landscape Plan -North One-Half. l.Landscape Plan South One-Half. m.Landscape Plan Planting Schedule and Details. {121185.DOC}2 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® éç ±º îðì . 1.6Development Contract or Agreement means this agreement by and between the City and the Developer. 1.7Council. 1.8City Engineer.the City of Maplewood, as authorized by the Council. 1.9County. 1.10Other Regulatory Agencies. jointly and severally, the following: (a)Minnesota Department of Transportation; (b)Ramsey County; (c)Ramsey-Washington Watershed District; (d)State of Minnesota; (e)Minnesota Department of Natural Resources; (f)Army Corps of Engineers; (h)Any other regulatory or governmental agency or entity affected by, or having jurisdiction over the Developer Improvements. 1.11Utility Companies. the following: (a)utility companies, including electric, gas, cable television and telephone; and (b)pipeline companies. 1.12Property.ExhibitAto this Development Contract. 1.13Developer Improvements. . and severally, all the improvements identified in Article II and on the attached ExhibitD 1.14City Improvements. severally, all the improvements identified in ArticleII of this Agreement and on the attached ExhibitE. 1.15ImprovementsImprovement Developer Improvements. 1.16Developer Default. any of the following or any combination thereof: {121185.DOC}3 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® èð ±º îðì a.failure by the Developer to construct the Developer Improvements according to the Development Plans and the City standards and specifications as set forth herein; b.failure by the Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performedunder this Development Contract; c.breach of the Developer Warranties. 1.17Force Majeure. floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), riots, insurrections, vandalism, trespass, disease, war or civil disorder affecting the performance of work, blockades, power or other utility failures, and fires or explosions. 1.18Developer Warranties. warrants and represents the following: a.Authority.Developer has the right, power, legal capacity and authority to enter into and perform its obligations under this Development Contract, and no approvals or consents of any persons are necessary in connection with the authority of Developer to enter into and perform its obligations under this Development Contract. b.No Default.Developer is not in default under any lease,contract or agreement to which it is a party or by which it is bound which would affect performance under this Development Contract. Developer is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment or decree whichwould prohibit the execution or performance of this Development Contract by Developer or prohibit any of the transactions provided for in this Development Contract. c.Present Compliance with Laws.Developer has complied with and is not in violation of applicable federal, state or local statutes, laws, and regulations including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation affecting the Plat and the Development Plans and the Developer Improvements; and Developer is not aware of any pending or threatened claim of any such violation. d.Continuing Compliance with Laws.Developer will comply with all applicable federal, state and local statutes, laws and regulations including, without limitation, permits and licenses and any applicable zoning, {121185.DOC}4 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® èï ±º îðì environmental or other law, ordinance or regulation affecting the Plat and the Development Plans and the Developer Improvements. e.Warranty on Proper Work and Materials.The Developer warrants all work required to be performed by it under this Development Contract against defective material and faulty workmanship for a period of one (1) year after its completion and acceptance by the City in the form set forth on ExhibitF. During the warranty period, the Developer shall be solely responsible for all costs of performing repair work required by the City within thirty (30) days of notification. All trees, grass, and sod shall be warranted to be alive, of good quality, and disease free for one (1) year after planting. Any replacements shall be similarly warranted for one (1) year from the time of planting. In addition, the warranty period for drainage and erosion control improvements shall be for one (1) year after completion and acceptance by the City; the warranty for the drainage and erosion control improvements shall also include the obligation of the Developer to repair and correct any damage to or deficiency with respect to such improvements. The warranty for the asphalt roadway extends for one (1) year after the installation of the final asphalt lift. All other warranty periods begin at the date when each improvement is accepted by the City. f.Obtaining Permits.The Developer shall obtain and pay for all required permits, licenses and approvals, and shall meet all requirements of all applicable, local, state and federal laws and regulations which must be obtained or met before the Developer Improvements may be lawfully constructed. 1.19City Warranties.t the City hereby warrants and represents as follows: a.Organization.City is a municipal corporation duly incorporated and validly existing in good standing the laws of the State of Minnesota. b.Authority. City has the right, power, legal capacity and authority to enter into and perform its obligations under this Development Contract. c.Approval. The Development Plans have been approved and all actions required by the City have been satisfied to permit the development in accordance with the Development Plan. 1.20Formal Notice or Notice. party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: {121185.DOC}5 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® èî ±º îðì If to City:City of Maplewood Attn: City Manager 1830 County Road B. East Maplewood, Minnesota 55109 If to Developer:CoPar Development, LLC Attn: Tom Hansen 8677 Eagle Pt. Blvd. Lake Elmo, Minnesota 55402. or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. 1.22City Code or Ordinance Ordinances, and any applicable regulations and/or policies and specifications implementing the same, in effect as of the date hereof. 1.23Referendum Property on ExhibitGidentified as Lots 2 through 17, Block 10 and that portion of Outlot E as described on ExhibitG. 1.24Referendum Lotsock10 of ExhibitG. 1.25Development accordance with the terms of this Agreement. 1.26 Agreement. II. DESCRIPTION OF THE PROJECT; DEVELOPER IMPROVEMENTS; CITY IMPROVEMENTS 2.1The Project includes both Developer Improvements and City Improvements in , and the Documents. 2.2City Staff is directed to take all reasonable actions necessary and convenient to facilitate the development of the Improvements on the Property and the Project in accordance with the Development Plans and this Agreement. Developer shall construct Developer Improvements in accordance with the Development Plans and the Ordinances of the City. Notwithstanding anything to the contrary the Developer Improvements may be installed in phases in accordance with the anticipated phasing scheduled attached hereon as Exhibit H. {121185.DOC}6 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® èí ±º îðì The parties recognize that the phasing schedule on Exhibit H is an estimate only. With the exception of compliance with CUP Resolution condition No. 2 regarding the start of proposed construction and deferral of development of the area potentially subject to the 2008 referendum, the timing of the development may vary depending on market conditions and other substantial start on the proposed construction north of Fish Creek shall constitute satisfaction of that condition for purposes of the Development. a. Property. Developer agrees that the Referendum Property shall not be developed and no Developer or City Installed Improvements shall be constructed on the Referendum Property prior to June 30, 2009 any source deemed appropriate by the City for the purchase of all or a portion of the Referendum Property by the Referendum Date. The Purchase Price for the Referendum Property shall be $150,000 per Referendum Lot purchased by the City and, if the City purchases the entire Referendum Property, the purchase price shall be $2,400,000 Developer not later than thirty (30) days before the Referendum Date of its intent to acquire the Referendum Property for the Referendum Purchase convey the Referendum Property to the City for the Referendum Purchase Price and the City shall complete the purchase of the Referendum Property by the Closing Date. Both the City and the Developer shall execute all documents and take all actionsreasonably necessary to convey the Referendum Property to the City in the event that the City timely notifies While the City can elect which Referendum Lots to purchase, the City may not acquire less than full Referendum Lots and all Referendum Lots purchased by the City shall be contiguous. In the event that the City does not timely notify the Developer of its intent to purchase the Referendum Property by the Referendum Date, the Developer may thereafter, at its discretion, develop the Referendum Property in accordance with this Agreement. In the event that the City timely exercises its rights to purchase the Referendum Property hereunder, the City may also require the developer to convey to the City all green space identified as the Open Space Plan (ExhibitC, Sheet C- purchase price of $1.00. In the event that the City acquires the Referendum Property and the Green Space, the City shall not thereafter develop or permit development of the Referendum Property or the Green Space. 2.3City Installed Improvements. In accordance with the Ordinances of the City, the City Improvements shall be constructed and installed by the City and thereafter assessed to the benefiting property owners as set forth in this Agreement. The City Improvements shall be {121185.DOC}7 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® èì ±º îðì completed in accordance with the phasing schedule ExhibitHand no later than six (6) months after Developer notifies the City of the need for the City Improvements for any phase of the Development. Time is of the essence for the completion of those City Improvements for those commencement of development of that phase. The Developer shall have joint approval over the final design for all City Installed Improvements, provided that both the Developer and the City agree that the final design for the City Installed Improvements shall be consistent with ExhibitE. The City shall be responsible for obtaining any required permits for all City Installed Improvements. 2.4Construction Meetings. At least three (3) business days prior to commencing construction of the Developer Improvements or the City Improvements (and any Phase thereof), the Developer and the City shall hold a pre-construction conference. 2.5Repayment of Costs of Public Improvements. a.Special Assessments. i.The initial costs of the City Improvements shall be paid by the City. The costs of the City Improvements shall be repaid through the levy of special assessments against the Project. The special assessments shall be payable by installments, and the installments shall be spread over fifteen (15) years from the date of Final Plat Approval for any phase of the Project. The City will specially assess for the City Improvements at the exact cost of the bond-sale and at the same rate issued to the City. The special assessments for each category of Public Improvements shall be levied as set forth in paragraph2.8 below and in accordance with Minnesota Statutes, Chapter 429. ii.The costs of the City Improvements that may be specially assessed include only those cost set forth on ExhibitE. The Developer shall reimburse any reasonable costs incurred by the City for engineering, legal and administrative services associated with the project, which shall not include any costs arising from the Litigation or its settlement. The City shall not assess for its underwriting fees. The final cost of such Public Improvements will be determined in accordance with Minnesota Statute Chapter 429. The City agrees that the assessments will be spread against the lots in the Subdivision and subsequent Phases in a manner reasonably acceptable to the City and Developer, provided, however, that the parties acknowledge and agree, to the extent permitted by law, that (a) to the extent any of the City Improvements benefit subsequent Phases, a portion of the costs thereof that is directly correlated to the benefit derived from the improvements may, at the request of the Developer, be assessed {121185.DOC}8 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® èë ±º îðì against such subsequent Phases, (b) at the request of the Developer, certain lots to be developed by the Developer shall bear a greater portion of the assessments charged to the lots inthe Subdivision, and (c) the special assessments shall be paid over a fifteen (15) year period. iii.Developer and its successors waive any and all procedural and substantive objections to the special assessments, including, but not limited to, any claim that any assessment exceeds the benefit to the property served. iv.Developer and its successors waive any appeals and rights otherwise available pursuant to Minnesota Statutes Sections 429.036 and 429.081. 2.6[RESERVED] 2.7Force Majeure. Thedeadlines set forth in ExhibitJ Majeure. In the event of Force Majeure, the deadlines and dates for performance of the 2.8Security. Developer agrees to provide financial security as set forth in either Option A. Prior to the commencing of construction by the City of any City Improvements for each phase of the Development, the Developer shall provide to the engineering fees, determined for the first phase of the Project to be $30,000 and shall all phases of the Development after the first phase, the Developer shall provide to the engineering fees for that particular phase not to exceed the actual and reasonable costs thereof and shall waive all objections t the Development. Option B. In lieu of Option A, the Developer shall provide to the City a cash escrow in the form of Improvements as reasonably estimated by the City for each phase of the Development. Said letter of credit shall be effective until the City conducts an assessment hearing and shall be released when the special assessments have been levied by the City against all of the lots in the Property for any phase of the Development. Developer shall provide to the City the letter of credit no later than 30 days prior to commencement of any construction by the City for the City Improvements for each phase of the Development. The City {121185.DOC}9 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® èê ±º îðì agrees that if the Developer sells lots prior to the levy of the assessments herein for any phase of the Development, the City will reduce the amount of the Letter of Credit delivered by the Developer and accept replacement security from the purchaser of said lots in a form of cash escrow or replacement letter of credit. III. PLAN PREPARATION, SUBMISSIONS AND APPROVALS 3.1Developer Improvement Plan Approvals. The Developer or its consultant shall be responsible for preparing the plans and specifications for the Developer Improvements including bidding documentation, following a pre- pproval shall not be unreasonably withheld and shall be granted if the plans and specifications are in conformance with the Development Plans applicable thereto, the terms of this Agreement and the requirements of governmental authorities other than the City that will issue permits or licenses for such improvements. Developer and the City Engineer shall use their best efforts to resolve any differences they may have with respect to the plans and specifications. If the City Engineer does not specifically approve, comment upon or reject the plans and specifications within ten (10) Business Days of submittal of the same to the City Engineer, then the plans and specifications shall be deemed approved. 3.2City Improvement Plan Approvals. Developer shall submit to the City Engineer unreasonably withheld, conditioned or delayed and shall be granted if the plans and specifications are in substantial conformance with the Documents and the terms of this Agreement. Developer and the City Engineer shall use their best efforts to resolve any differences they may have with respect to the plans and specifications. If the City Engineer does not specifically approve, comment upon or reject the plans and specifications within thirty (30) days of submittal of the same to the City Engineer, then the plans and specifications shall be deemed approved. IV. WARRANTIES The Developer hereby makes and states the Developer Warranties. The City hereby 4.1Installation; Certification. Upon completion of construction of any category of Developer Improvements, and correction of any defective work as provided herein, Developer shall cause its engineer to inspect the same and to certify to the City and Developer that the same have been finally completed in substantial accordance with the Development Plans therefor (the ). 4.2Acceptance of Developer Improvements. Upon receipt of the Certificate of will, within ten (10) Business Days of receipt of the Certificate of Completion, inspect the Developer Improvements to ensure that the Developer Improvements were constructed substantially in accordance with the approved plans and specifications for the Developer {121185.DOC}10 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® èé ±º îðì Improvements and shall either (i) certify to the City and the Developer that the same have been substantially completed in accordance with the approved plans and specifications therefor, or (ii) notify the City and the Developer in writing and in reasonable detail as to those components of construction that have been substantially completed in accordance with the approved plans and specifications therefor; in which event, the Developer shall proceed with reasonable diligence to complete or correct the incomplete or defective components ofconstruction, after which the Developer shall request re-inspection and certification of completion in accordance with the Business Day inspection period, either validate the accuracy of the Certificate of Completion or provide notice of defective or incomplete components of construction as contemplated above, the Developer Improvements shall be deemed to be completed in substantial accordance with the approved plans and specifications therefor. Developer shall submit the Developer Improvements for acceptance to the City for action, and the City shall, by formal motion, accept the Developer Improvements so constructed and agree to assume all liability for maintenance of Developer Improvements upon the expiration of the Developer Warranties. V. FEES AND CHARGES Provided the City complies with the terms of this Agreement, Developer shall pay: a.Recording Fees. All fees and charges in connection with recording this Agreement and the Plat with the County. b.Park Dedication. Developer shall pay a park dedication fee of $574,200 development of the Referendum Property as set forthherein, the City agrees not to increase its park dedication fee in connection with the development of the Project prior to June 30, 2009. In the event that the City acquires the Referendum Property or no fewer than eight (8) of the Referendum Lots in accordance with ArticleII of this Agreement, the Park Referendum Property. The Park Dedication Fee shall be reduced by $3,300.00 for each Unit of the Referendum Property purchased by the City. In the event that the City does not exercise its rights to purchase the Referendum Property (a) the Developer may, at its discretion (a) pay the entire Park Dedication fee or (b) pay or cause to be paid the Park Dedication Fee on a per unit basis of $3,300.00 at the time that a building permit is sought and received for each individual Unit in the Project. The Developer may, at its discretion, assign the Park Dedication Fee (at the greater of $3,300.00 per unit or the then current park dedication fee) to any purchaser or builder of an individual lot. c.Other Fees. The Developer shall pay at the time of issuance of a building permit for each individual lot all other customary, reasonable and lawful {121185.DOC}11 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® èè ±º îðì fees required by Other Regulatory Agencies. The City shall not assess any fees to the Project other than set forth herein. This limitation shall not apply to public improvements not included in or contemplated in the Development Plans. VI. OTHER PERMITS; APPROVALS; CERTIFICATES OF OCCUPANCY 6.1Other Regulatory Agencies. The Developer shall apply for all permits, approvals construction of the Developer Improvements as herein contemplated, and Developer shall construct the Developer Improvements in accordance with the requirements of all such permits, approvals and licenses and the legal requirements thereof. 6.2Initial Permits and Model Permits. Any provision of this Agreement that requires the Developer Improvements to be completed prior to issuance of building permits for residential units within the Project shall not apply to building permits for single-family model homes (collectively, the ), which may be issued prior to the completion ofthe City Improvements. 6.3Subsequent Building Permits. Other than building permits for the Models, no building permits shall be issued for construction of a residence within the Subdivision until the following conditions have been satisfied: a.For each residential unit for which a building permit is requested (including the models), the applicant shall pay a water connection fee and a sanitary service connection fee in accordance with City Ordinances and fee schedules then in effect. b.The Final Plat (or a portion thereof if Developer elects to proceed in recorded with the County. c.With respect to the lot for which a permit is requested, the drainage and erosion control plan for such lot must be submitted and approved by the City Engineer. d. to residential structures have been complied with, provided that in the event of any inconsistency between the terms of this Agreement and the terms of such ordinances, the terms of this Agreement shall control the building permit process for the Subdivision. 6.4Certificates of Occupancy. Other than for the Models, no certificates of occupancy shall be issued for buildings within the Development until utility and road improvements to such buildings are substantially completed (as reasonably determined by the City Engineer), provided, however, that the bituminous wear course for the roads within the {121185.DOC}12 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® èç ±º îðì Development shall not be required to be installed until 75% of the residential lots in the thereafter, as weather conditions permit. 6.5Design Review Board. The Developer acknowledges that the single family Review Board not to unreasonably withhold consent. VII. CONSERVATION EASEMENT. Upon development of any phase of the Development, Developer shall execute the Conservation Easement in the form attached hereto as Exhibit Kfor the Property being developed in that phase. The City and Developer shall take all reasonable actions necessary and convenient to legally describe the Conservation Easement in a manner consistent with ExhibitK. VIII. PLAT RECORDING 8.1Plat Recording. All applicable conditions related to Plat approval must be met prior to the recording of the Plat. The Plat must be recorded with the Ramsey County Recorder and/or t hundred eighty (180) days after final plat approval has been granted by the City. 8.2Conveyance of Lots. The Plat, and this Agreement must be recorded with the Ramsey transfer of fee title in any lot within the Plat. 8.3Final Plat. City Staff is directed to take all necessary action to facilitate the completion and recording of the Final Plat for the Project or any portion of the Project. The Developer may record the Final Plat for all or a portion of the Project in accordance with the estimated phasing schedule on ExhibitH. IX BINDING EFFECT This Agreement shall be deemed to bea restrictive covenant and the terms and conditions hereof shall run with the land described herein and be binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and shall be binding upon all future owners of all or any part of the Property, and shall be deemed covenants running with the land, been accepted by the City and the warranty periods therefore have expired, theCity shall issue a Certificate of Completion, in recordable form, stating that the Developer Improvements have been constructed and completed by Developer in accordance with the terms hereof and have finally accepted by the City, and that Developer has performed and is released from all of its obligations set forth herein, such that thereafter lots within the Plat shall only be subject to the payment of special assessments as set forth in Section 2.5 hereof. {121185.DOC}13 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® çð ±º îðì X. REMEDIES UPON DEVELOPER DEFAULT Whenever any Developer Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may, upon thirty (30) days written notice and a reasonable opportunity for Developer to cure said Default, take any one or more of the following: a.The City may suspend its performance under this Agreement and the until it receives assurances from Developer, deemed adequate by the City, that Developer will cure its default and continue its performance under the Agreement. b.The City may initiate such action, including legal or administrative action, whether in law or in equity, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developer. c.The City may draw upon or bring action upon any or all of the Securities provided to the City pursuant to any of the terms of this Agreement. XI. INDEMNIFICATION 11.1The Developer releases from and covenants and agrees that the City and its City Council, officers, agents, including their independent contractors, consultants and legal counsel, servants and employees (hereinafter, for purposes of this Section only, collectively the Indemnified Parties) shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person resulting from any defect in the Subdivision, except for loss or damage to property or any injury to or death of any person resulting from any defect in the Subdivision resulting from the non-performance of any applicable agreement, negligence, any misrepresentation or any willful or wanton misconduct of the Indemnified Parties. 11.2Except for the negligence, any misrepresentation or any willful or wanton misconduct of an Indemnified Party, the Developer agrees to protect and defend the Indemnified Parties and further agrees to hold the aforesaid harmless from any claim, demand suit, action or other proceeding whatsoever by any person or entity whatsoever resulting from the non- performance of any applicable agreement, negligence, any misrepresentation or any willful or wanton misconduct of the Developer, its employees, agents or contractors, provided that this indemnification shall not apply to the warranties made or obligations undertaken by the City in this Agreement. 11.3The City and the Indemnified Parties shall not be liable for any damage or injury to the persons or property ofthe Developer or officers, agents, servants, or employees or any other person who may be about the Subdivision due to any act if negligence of any person, unless due to the non-performance of any applicable agreement, negligence, any misrepresentation or any willful or wanton misconduct of an Indemnified Party. {121185.DOC}14 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® çï ±º îðì 11.4All 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 and not of any governing body member, officer, agent, servant or assignee. XII. ASSIGNMENT The Developer may not assign this Development Contract without the written permission of the City Council and without providing the City with written notice of the proposed assignment at least 45 days in advance of the effective date of the assignment. If timely notice is delayed. Notwithstanding the foregoing, the consent of the City shall not be required in connection with an assign the Developer hereunder that accrue from and after the effective date of the assignment. As used n control with the Developer. XIII. CHANGE OF ORDINANCES The City finds that the approved development of the Plat according to the terms of this Development Contract is a planned and staged development within the meaning of Minn. Stat. §462.358, subd.3(c). The City further finds that the actions of the Developer described herein, are of substantial and enduring benefit to the quality of life, open space needs and financial needs of the City. Accordingly, pursuant to Minn. Stat. § 462.358, subd. 3(c), the City agrees that if the following condition is being met: a.Developer is not in material default (and the time to cure has not expired) under this Development Contract; then for six (6) years after the date hereof, the City will not, without the prior written consent of the Developer, for any particular phase or phases or the entire Project in which the Developer has such Plan (except as contemplated herebyor to permit the development of the Project as contemplated hereby), or enforce or apply to this Development any change in ordinances establishing zoning, subdivision controls, site plan regulations, official maps, and all policies and specifications adopted as contemplated hereby or unless such change is mandated by Minnesota Statutes and Minnesota Rules that, by their terms, must be complied with notwithstanding any provision hereof to the contrary), for any particular Phase or Phases or the entire Project in a manner which is inconsistent with the terms of this Development Contract and the Plat and Development Plans approved herein with respect to the following: {121185.DOC}15 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® çî ±º îðì i.permitted, conditional, accessory uses; ii.development density; iii.lot size; iv.lot layout, depth and width; v.building setbacks and building height; vi.street conveyance requirements; vii.essential improvement requirements; viii.the terms and conditions of park dedication and contribution requirements thereof; ix.subdivision requirements; x.specifications for sewer, water, drainage, street, landscape, trees, and other improvements to be constructed by the Developer or the City and to be owned and maintained by the City or Developer thereafter. Notwithstanding the restrictions above-stated, the Developer may request a modification to the Controls for a specific Phase within the Project and the City may grant the modification. After the last day of the sixth year after the date hereof, the City may, pursuant to law, without the consent of Plan or the City Code provisions affecting such Phase with respect to the above matters. Until such time the City takes such action, the provisions of this section shall remain in full force and effect. XIV. INCONSISTENCY AMONG CONTROLS To the extent an inconsistency or conflict exists among the Controls, and in the absence of a consensualamendment addressing the inconsistency, the following documents in descending order shall govern: a.the Resolutions; b.this Development Contract; b.the Plat; c.the Project; d.the Development Plans; and e.the City Code. XV. MISCELLANEOUS 15.1No Third Party Recourse. Third parties shall have no recourse against the City or the Developer under this Development Contract. 15.2Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Development Contract is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Development Contract. 15.3Federal Agencies. If the Developer requires any evidence of this Development Contract for the purpose of escrow requirements of theFederal Housing Administration, the Veterans Administration, or any other United States government agency, the City will provide {121185.DOC}16 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® çí ±º îðì same at the request of the Developer so the escrow deposit, herein provided for, may be considered a deposit in lieu of the deposit normally made with such governmental agencies to guarantee the completion of required improvements. 15.4Recording. The Development Contract and Plat shall be recorded by the Developer with the County Recorder or Registrar and the Owner shall provide and execute any and all documents necessary to implement the recording. The City shall receive two (2) copies of the recorded Plat from Developer. 15.5Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable Development Contract shall run with the land herein described, and shall be binding upon the heirs, successors, administrators and assigns of the Owner and Developer. 15.6Amendment and Waiver. The parties hereto may by mutual written agreement amend this Development Contract in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Development Contract or in any documentdelivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Development Contract, waive compliance by another with any of the covenants contained in this Development Contract, waive performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Development Contract. Any agreement on the part of any party for such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Development Contract shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 15.7Governing Law. This Development Contract shall be governed by and construed in accordance with the laws of the State of Minnesota. 15.8Counterparts. This Development Contract may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 15.9Headings. The subject headings of the paragraphs and subparagraphs of this Development Contract are included for purposes of convenience only, and shall not affect the construction or interpretation of any of its provisions. 15.10Access and Security. The Developer hereby grants to the City, its employees, officers, and contractors a license to enter the Plat to perform all work and inspections deemed appropriate by the City during the installation of Developer Improvements.The City agrees to indemnify and hold Developer, Owner and the Property harmless from any and all claims, costs, license shall not extend to any third party. The Developer may take whatever reasonable measures are necessary to secure the site or any portion thereof from trespass and intrusion including, but not limited to, security fencing, security gates and private security services. {121185.DOC}17 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® çì ±º îðì 15.11Notice. Any Notice required hereunder shall be as set forth in Section 1.20 of this Agreement. 15.12Change of Name of Plat. The Developer may change the name of the Plat, provided that the change of the name of the Plat shall not constitute an amendment of the terms of this Agreement and all terms of this Agreement remain in full force and effect. 15.13Site Signage.Signage shall be allowed to the extent not prohibited by the City Code. 15.14Tax Payments. Within 60 days of the execution of this Agreement, Developer shall cause all property tax obligations due and owing to be fully paid. XVI. DEDICATION OF PUBLIC ROADS 16.5All public roads in the Plat shall be dedicated to the City upon recording of the Plat for any phase of the Development XVII. DISMISSAL OF ACTION AND RELEASES 17.1Dismissal of Action. execution of this Agreement, the Developer will execute a Stipulation of Dismissal with Prejudice of an action entitled CoPar Development v. City of Maplewood,Ramsey County Court File No. 62-C5-06-010746, which the City shall then countersign and file with the Court along with a proposed order in the form attached hereto as Exhibit L. 17.2Effective upon the execution of this Agreement, and except onlyfor the representations and obligations of the parties under this Agreement and the Resolutions, Developer and any and all of its partners, members, employees, agents, representatives, successors, assignees, transferees, joint ventures, attorneys, and insurers, hereby release and discharge the City and its past and present agents, officials, employees, representatives, assignees, transferees, joint ventures, attorneys, insurers, and risk pools (including the League of Minnesota Cities Insurance Trust) fromall manner of claims, demands, actions, causes of actions, suits, debts, dues, sums of money, accounts, bills, covenants, contracts, rights, obligations, controversies, agreements, promises, and demands whatsoever, whether in law or equity, the Developer ever had, or now has, whether known or unknown, against the City, involving or arising out of any application for development it has filed with the City regarding the Property or any part thereof. 17.3Effective upon the execution of this Agreement, and except only for the representations and obligations of the parties under this Agreement and the Resolutions, the City, and any and all of its past and present officers, elected officials, employees, agents, representatives, affiliates, divisions, successors, assignees, transferees, joint ventures, attorneys, insurers, and risk pools hereby release and discharge the Developer and its shareholders, {121185.DOC}18 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® çë ±º îðì partners, employees, agents, representatives, successors, assignees, transferees, joint ventures, attorneys, andinsurers, from all manner of claims, demands, actions, causes of actions, suit, debts, dues, sums of money, accounts, bills, covenants, contracts, rights, obligations, controversies, agreements, promises, and demands whatsoever, whether in law or equity, the City ever had, or now has, or hereafter may have, whether known or unknown, against the Plaintiff involving or arising out of any application for development Developer has filed with the City regarding the Property or any part thereof. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. CITY OF MAPLEWOOD: By: Mayor By: City Clerk STATE OF MINNESOTA) ) ss. COUNTY OF _______) On this _____ day of _____________________, 200__, before me, a Notary Public, in and for said County and State, appeared __________ and __________ to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and the City Clerk of the City of ______ and said ________ and _________ acknowledge said instrument to be the free act and deed of said City of _______ by resolution adopted by its Council. Notary Public COPAR DEVELOPMENT, LLC By: Its: {121185.DOC}19 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® çê ±º îðì STATE OF MINNESOTA) ) ss. COUNTY OF __________ ) On this _____ day of __________________, 200__, before me, a Notary Public, personally appeared ___________________, the ______________ of Corporation, a Minnesota corporation, who executed the foregoing instrument and acknowledged said instrument to be the official act and deed of said corporation and that such act was authorized by the board of directors of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: MALKERSON GILLILAND MARTIN LLP (HAR) 1900 U.S. Bank Plaza South Tower 220 South Sixth Street Minneapolis, MN 55402 {121185.DOC}20 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® çé ±º îðì EXHIBIT A LEGAL DESCRIPTION FOR THE PLAT {121185.DOC} Ð¿½µ»¬ Ð¿¹» Ò«³¾»® çè ±º îðì ÛÈØ×Þ×Ì Þ Ú×ÒÜ×ÒÙÍ ÍËÐÐÑÎÌ×ÒÙ ßÇ ïîô îððè ßÐÐÎÑÊßÔ ÑÚ ß ÝÑÒÜ×Ì×ÑÒßÔ ËÍÛ ÐÛÎÓ×Ì ÚÑÎ ß ÐÔßÒÒÛÜ ËÒ×Ì ÜÛÊÛÔÑÐÓÛÒÌ ÚÑÎ ÌØÛ ÝßÎÊÛÎ ÝÎÑÍÍ×ÒÙ ÐÎÑÖÛÝÌ The Record the subject of the applications, a record for the been created. That record includes not only the reports and other information that accompanied the applications and that was presented to the Planning Commission and City Council at the regular and special meetings held since these applications were filed, but includes the information collected by the City regarding prior applications from the Applicant for the development of the Property and the information collected a part of the environmental review performed under MEPA in 2006 regarding development of a more intensive potential use of the Property. Conditional Use Permit Standards Pursuant to City Code § 44- with some discretion, based on specific standards, in determining the suitability of conditional Pursuant to City Code § 44- for which the city council may issue conditional use permits in any zoning district from which zoning district are two such districts. Pursuant to City Code § 44-1097(a), the following standards apply go determinations of whether to issue a conditional use permit, in addition to any standards for a specific conditional use found in chapter 44: (1)The use would be located, designed, maintained, constructed and operated to be in s comprehensive plan and this Code. (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 runoff, vibration, general unsightliness, electrical interference or other nuisances. (5)The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. (6)The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. {121185.DOC} Ð¿½µ»¬ Ð¿¹» Ò«³¾»® çç ±º îðì (7)The use would not create excessive additional costs for public facilities or services. (8)The use would maximize the preservation of scenic features into the development design. (9)The use would cause minimal adverse environmental effects. Resolution 08-05-068, approved by the City Council at its May 12, 2008 meeting, contains findings that address each of these criteria, and that reflect a determination that the criteria have been satisfied. Those findings are incorporated here by reference. The Comprehensive Guide Plan Designation as of May 12, 2008, and pre-emption of inconsistent zoning standards Under the Comprehensive Guide Plan for the City in effect in 2006 and at all times prior to the -05-- (single family residential). The City Council finds that the permitted density level under the Plan for areas guided R-1 is one unit per 10,000 gross acres (the equivalent to 4.3 units per gross acre). plan for the Property, including provisions of the zoning ordinance that set levels for the permitted density of the portion of the Property located south of Fish Creek (zoned R1R) that fall below 4.3 units per gross acre. The City further finds that the density of the project as approved by the Council on May 12, 2006 falls substantially below this permitted density level. Planned Unit Development criteria Pursuant to Section 44- means to allow flexibilityby substantial deviations from this chapter, including uses, setbacks, height and other regulations. Chapter 44 also sets forth criteria for substantial deviations from the otherwise applicable requirements of that chapter, made as part of a PUD. Pursuant to City Code § 44-1093 (b), (1)Certain regulations contained in this chapter should not apply to the proposed development because of its unique nature. (2)The PUD would be consistent with the purposes of this chapter. (3)The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. (4)The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land. (5)The deviations are required for reasonable and practicable physical development and are not required solely for financial reasons. City Code § 44-1093 (b). Application of the PUDcriteria to this proposed project 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïðð ±º îðì For the reasons set forth below, the City Council hereby finds that the deviations from standards otherwise applicable to the development of this property pursuant to Chapter 44 satisfy the criteria of Chapter 44-1093(b).Specifically, the Council finds as follows: Development in strict conformance to the permitted zoning standards would preclude the effective use of clustered development techniques, inefficiently remove space from potential development or public open-space preservation by compelling its use for oversized privately held yards, and require the City to bid against other potential purchasers of the lots in a market setting in order to set aside those areas for open space or to impose conservation easements onland not acquired. Regarding the overall level of density, strict conformance to the zoning standards set forth for the above), but would also contribute to sprawl by eliminating an opportunity for meaningful infill development in an area where infrastructure investments have already been made, and add to the pressure to build residential developments in locations where existing infrastructure is far less adequate. Approval of the PUD is also necessary to resolve litigation commenced against the City, the The August 2006 development applications were for a project that is denser, more intensive, less consistent with existing zoning regulations for the site, less sensitive to the existing conditions at the location, and did not provide the City with any special opportunity to acquire property for the purpose of preserving open space. the PUD would be consistent with the purposes of Chapter 44. For the above-stated reasons, The proposed development is unique in nature , given the variations in topography, vistas, existing trees, wetlands and other water resources, and the opportunities for potential public ownership of a portion of the Property available only in conjunction with the Applications. a development in strict conformance to the permitted Because of those unique features, zoning standards and without any deviations therefrom to be inferiorthe PUD . Conversely, would produce a development of equal or superior quality to that which would result from strict adherence to Chapter 44. deviations would not constitute a significant threat to the The Council further finds that property values, safety, health or general welfare of the owners or occupants of nearby land . The record includes an insufficient factual basis for the City to conclude that the deviations from strict conformance to the permitted zoning standards would pose this type of Council on the need for an environmental impact statement that followed the study of the environmental impact of a much more intensive development for the property, and significant supporting evidence for that conclusion. The absence of such a threat is particularly clear because of the value that approval of this project would have in resolving the prospect of court- ordered approval of a more intensive development. the deviations are required for reasonable and practicable The Council also finds that physical development and are not required solely for financial reasons. Compared to development in strict conformance with the permitted usestandards, development according to the proposed PUD is advantageous not simply from a financial point of view but also from the point of view of sound planning. It allows meaningful clustered development in place of a large- lot subdivision, and more effective protection of open space through agreed-upon conservation 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïðï ±º îðì easements and an opportunity for the public acquisition of open space, options not available through strict conformance with the permitted use standards. 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïðî ±º îðì EXHIBIT C DEVELOPMENT PLANS {121185.DOC} Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïðí ±º îðì 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïðì ±º îðì 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïðë ±º îðì 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïðê ±º îðì 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïðé ±º îðì 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïðè ±º îðì 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïðç ±º îðì 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïïð ±º îðì 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïïï ±º îðì 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïïî ±º îðì 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïïí ±º îðì 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïïì ±º îðì 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïïë ±º îðì 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïïê ±º îðì 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïïé ±º îðì EXHIBIT D Developer Improvements All improvements throughout the site which are not located within designated public right-of- way or public drainage and utility easements and within the limits identified on the attached Developer Improvements North Exhibit A-1 and South Exhibit A-1. Preliminary listing of developer improvements include: 1.Earthwork (common excavation, clearing/grubbing, contaminated soils outside the public right of way or public easement areas) 2.Landscaping outsideROW and drainage utility easement(s) 3.Retaining walls outside the ROW 4.Erosion Control 5.Monument Sign(s) {121185.DOC} Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïïè ±º îðì 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïïç ±º îðì 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïîð ±º îðì EXHIBIT E CITY IMPROVEMENTS All improvements throughout the site which are located within designated public right-of-way or public drainage and utility easements within the limits identified on the attached City Improvements North Exhibit A-1 and South Exhibit A-1. Preliminary listing of public improvements includes the following general items as may be supplemented from time to time withpublic improvement plan development and phasing: 1.Mobilization 2.Earthwork (common excavation, clearing/grubbing, ponding, contaminated soils) 3.Roadways, Sidewalk, Curb & Gutter 4.Storm sewer 5.Erosion Control/Seeding/Sodding/Restoration 6.Sanitary Sewer 7.Watermain 8.Landscape and retaining wall within ROW and public drainage utility easement areas / Wetland Mitigation 9.Vacated ROW Restoration 10.Street Lighting {121185.DOC} Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïîï ±º îðì 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïîî ±º îðì 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïîí ±º îðì EXHIBIT F CITY ACCEPTANCE FORM {121185.DOC} Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïîì ±º îðì {121185.DOC} Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïîë ±º îðì {121185.DOC} Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïîê ±º îðì EXHIBIT I [RESERVED] MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, May 12, 2008 Council Chambers, City Hall Meeting No. 15-08 C.ROLL CALL Diana Longrie, MayorPresent Erik Hjelle, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent John Nephew, CouncilmemberPresent Will Rossbach, CouncilmemberPresent 1.Carver Crossing Development Consideration Litigation Settlement. a.Consider Conditional Use Permit for Planned Unit Development b.Consider Directing Vacation of Existing Easements c.Consider Preliminary Plat d.Consider Approval of Settlement of Litigation through Approval of Development Contract 1.John Baker, Attorney, Greene Espel, PLLP gave the report and addressed and answered questions of the council. 2.Howard Roston, Attorney Representing the Applicant, 220 South Sixth Street, Suite 1900, Minneapolis, addressed and answered questions of the council. 3.Kurt Schneider, CoPar Companies, 8677 Eagle Point Blvd, Lake Elmo, addressed and answered questions of the council. 4.Clark Wicklund, Engineer, Alliant Engineering, 233 Park Avenue S., Ste. 300, Minneapolis addressed and answered questions of the council. 5.Alan Kantrud, City Attorney, addressed and answered questions of the council. 6.Chuck Ahl, Acting City Manager, Public Works Director addressed and answered questions of the council. 7.Tom Ekstrand, Senior Planner addressed and answered questions of the council. Mayor Longrie asked if anyone wanted to speak regarding this item. 1.Ron Cockriel, 943 Century Avenue, Maplewood. Mr. Cockriel asked questions and made statements regarding this development. {121185.DOC} Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïîé ±º îðì 2.Ms. Michael Bailey, 1615 Sterling Street South, Maplewood. (spoke twice) Ms. Bailey asked questions and made statements regarding this development. 3.Howard Roston, Attorney Representing the Applicant, 220 Sixth Street South, Suite 1900, Minneapolis addressed the council again. 4.Mark Bonitz,1635 Sterling Street South, Maplewood. Mr. Bonitz asked questions and made statements regarding this development. 5.John Baker, Attorney, Greene Espel, PLLP gave the report and addressed and answered questions of the council. Councilmember Rossbach moved to approve the Resolution approving a Conditional Use a 174-unit planned unit development Permit for for the Carver Crossing of Maplewood development on the west side of I-494, south of Carver Avenue. RESOLUTION 08-05-068 CONDITIONAL USE PERMIT WHEREAS , Mr. Kurt Schneider, representing CoPar Companies, applied for a conditional use permit (CUP) for the 174-unit Carver Crossing of Maplewood residential planned unit development (PUD). WHEREAS , this permit applies to the area south of Carver Avenue and west of I-494. WHEREAS , the legal descriptions of the properties are: Commitment No. 242035 PARCEL A: The West One-half (1/2) of the Northeast Quarter (1/4) of the Southwest Quarter (1/4) of SectionTwenty-four (24), Township Twenty-eight (28), Range Twenty-two (22), lying Westerly of the Westerly right-of-way line of State Trunk Highway 494, Ramsey County, Minnesota; Except the North 150 feet of the Northwest Quarter (1/4) of the Northeast Quarter (1/4) of the Southwest Quarter (1/4) of Section Twenty-four (24), Township Twenty-eight (28), Range Twenty-two (22) lying Westerly of the Westerly right-of-way line of State Trunk Highway 494; And also exceptthat part of the Northeast Quarter of the Southwest Quarter (NE 1/4 SW 1/4), Section 24, Township 28 North, Range 22 West, Ramsey County, Minnesota, described as follows: Commencing at the intersection point of the North line of the 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïîè ±º îðì Southwest Quarter (SW 1/4); Section 24 and the Westerly Right-of-Way line of T.H. #393; thence Southwesterly along the Westerly Right-of-Way line of T.H. #393, a distance of 223.75 feet to the actual point of beginning of the tract to be herein described; thence continuing Southwesterly along said Westerly Right-of-Way lineof T.H. #393 a distance of 200 feet, to an angle point in said Right-of-Way line of said T.H. #393, a distance of 195.51 feet, to another angle point in the said Right-of-Way line; thence Northeasterly, along a line drawn parallel to and 168 feet Northwesterly of the said Westerly Right-of-Way line, as measured at right angles, a distance of 246.49 feet, more or less, to its intersection with a line drawn parallel to the North line of said SW 1/4, Section 24 and Westerly from the actual point of beginning;thence East along said parallel line, a distance of 176.32 feet, more or less, to the actual point of beginning. Andthe West 974.9 feet of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Twenty four (24), Township Twenty-Eight (28), Range Twenty- two (22), except the North Five Hundred feet (500 ft.) thereof, all lying Westerly of the Westerly Right-of-Way line of State Trunk Highway 494, Ramsey County, Minnesota. Andthe Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section Twenty-four (24), Township Twenty-eight (28), Range Twenty-two (22), Ramsey County, Minnesota; except that part taken by County of PARCEL B: That part of the Northeast 1/4 of the Southwest 1/4, Section 24, Township 28, Range 22, Ramsey County, Minnesota, described as follows: Commencing at the intersection point of the North line of the Southwest 1/4, Section 24 and the Westerly Right-of-Way line of Trunk Highway #393; thence Southwesterly along the Westerly Right-of-Way line of Trunk Highway #393, a distance of 223.75 feet to the actual point of beginning of the tract to be herein described; thence continuing Southwesterly along said Westerly Right-of-Way line of Trunk Highway #393, a distance of 200 feet, to an angle point in said Right-of-Way line; thence deflecting Southwesterly 59 degrees 14 minutes to the right, continuing along the Right-of-Way line of said Trunk Highway #393, a distance of 195.51 feet, to another angle point in the said Right-of-Way line; thence Northeasterly, along a line drawn parallel to and 168 feet Northwesterly of the said Westerly Right-of-Way line, as measured at right angles, a distance of 246.49 feet, more or less, to its intersection with a line drawn parallel to the North line of said Southwest 1/4, Section 24 and Westerly from the actual point of beginning; thence East along said parallel line, a distance of 176.32 feet, more or less, to the actual point of beginning. PARCEL C: The Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section Twenty-four (24), Township Twenty-eight (28), Range Twenty-two (22), Ramsey County, Minnesota. 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïîç ±º îðì Commitment No. 240565 PARCEL D: The Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 24, Township 28, Range 22, Ramsey County, Minnesota, together with an easement over that part of the Northeast 1/4 of the Northwest 1/4 of the Southwest 1/4 of said Section 24 and the Northwest 1/4 of the Northeast 1/4 of the Southwest 1/4 of said Section 24; being 33.00 feet either side of the following described centerline: Commencing at the Northeast corner of said Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 24; thence South 89 degrees 58 minutes 49 seconds West (assumed bearing) along the North line thereof a distance of 33.00 feet to the point of beginning of said centerline; thence Northeasterly on a non-tangential curve concave to the Southeast having a chord bearing of North 33 degrees 43 minutes 49 seconds East with a radius of 120.00 feet, central angle of 67 degrees, 28 minutes 00 seconds, a distance of 141.37 feet; thence North 67 degrees, 28 minutes 49 seconds East; tangent to last described curve a distance of 217.69 feet, more or less, to the Right of Way of Inter-State Highway No. 494 and there terminating. Commitment No. 249737 PARCEL E: That part of the Southeast Quarter of the Northwest Quarter (SE 1/4 of NW 1/4) of Section 24, Township 28 Range 22, described as follows: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter (N. line SE ¼ of NW 1/4) of Section Twenty four (24), Township Twenty eight (28), Range Twenty two (22), a distance of 325.3 feetWest of the Northeast corner thereof thence West along said North line a distance of 975.93 feet to the Northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 24 (NW corner SE 1/4 of NW 1/4); thence Southerly, along the West line of said Quarter-Quarter section line, a distance of Five Hundred (500) feet; thence East, and parallel with the North line, a distance of 974.93 feet; thence Northerly Five Hundred (500) feet to the point of beginning; except the East 150 feet of the North 290.4 feet and except the West 110 feet of the North 396 feet, Ramsey County, Minnesota. 2410 Carver Avenue Maplewood, Minnesota Abstract Property, Ramsey County Commitment No. 242032 PARCEL F: The Southwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 24, Township 28, Range 22, according to the government survey thereof, Ramsey County, Minnesota 1501 Henry Lane S Maplewood, Minnesota 55119 Abstract Property, Ramsey County 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïíð ±º îðì All in Section 24, Township 28, Range 22, Ramsey County, Minnesota. (The property to be known as Carver Crossing of Maplewood) WHEREAS , the history of this conditional use permit is as follows: 1.On April 15, 2008, the planning commission held a public hearing. The city staff published a notice inthe 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 planningcommission recommended that the city council deny the conditional use permit. 2.On May 5, 2008, the Maplewood City Council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and citystaff. 3.On May 12, 2008, the City council discussed a revised proposal plan that showed 174 units on the site. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 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. 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïíï ±º îðì 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 minimaladverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans date-stamped May 9, 2008, except where the city requires changes. These plans include only having emergency vehicle and trail access from the new development to Heights Avenue. The changes to the plans shall include: a.Revising the grading and site plans to show: (1) Revised storm water pond locations and designs as suggested or required by the watershed district or city enginee standards and the engineering department requirements. (2) The developer minimizing the loss or removal of the vegetation and large trees. (3) All the changes required by the city engineer and by the watershed district. The city council may approve major changes to the plans. City staff may approve minor changes to the plans. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. For purposes of this condition and for compliance with Section 44-1099 of the requirement, substantial ground or site preparation would constitute a substantial start on the proposed construction. 3. Have the city engineer approve final construction and engineering plans. These plans April 9, 2008, and the plans shall include: a. The grading, utility, drainage, erosion control, streets, driveway, trails, tree preservation/replacement, and parking plans. The cul-de-sac bulbs and round about shall have the minimum radius necessary to ensure that emergency vehicles can turn around. b.A final detailed storm water management plan. c. The following for the streets and driveways: (1) Curb and gutter along the street, if the city engineer decides that it is necessary. 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïíî ±º îðì (2) Clearly labeled public streets and private driveways on the plans. subject to the approval of the city engineer. The developer shall be responsible for getting any needed off-site pond and drainage easements, ifapplicable. 5. Have the city environmental planner and city naturalist approve the wetland, grading and tree replacement/preservation plans. 6. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Remove any remaining debris, junk, fencing or fill from the site. d. Provide the city with verification that all the units or town houses on the proposed other documentation. For any units that are within the 65-decibel noise contour, the contractor will have to build the units or town houses so that they can meet the noise standards. This may be done with thicker walls, heavier windows, requiring air conditioning or other sound-deadening construction methods. The developer shall provide the city with this documentation before the citywill issue a building permit for the town houses. 7. The approved setbacks for the principal structures in the Carver Crossing of Maplewood PUD shall be: a. Front-yard setback (from a public street or a private driveway): minimum -20 feet, maximum -35 feet. b. Front-yard setback (public side street): minimum -20 feet, maximum none. c. Rear-yard setback: 20 feet from any adjacent residential property line. d Side-yard setback: 15 feet minimum between buildings. 8. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on May 12, 2008. Seconded by Councilmember Juenemann.Ayes Councilmembers Juenemann, Nephew & Rossbach 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïíí ±º îðì Nays Mayor Longrie, Councilmember Hjelle The motion passed. Mayor Longrie wanted her statement noted for the record regarding this proposal. Mayor Longrie said she has done a lot of thinking about this proposal and the Comprehensive Plan is a legal document that guides the land use based upon apublic holistic look at many of the different principles within the comprehensive plan. Mr. Trippler from the planning commission went through the Comprehensive Plan and the different chapters very clearly and which parts needed to be looked at as a whole when this decision is made by the council. This document needs to be construed as a whole and not just as one aspect. Mayor Longrie said she studies and reads very carefully all the documents that come before her. Her decision is based upon the things that were presented at the May 5, 2008, council meeting. She said she bases this decision on what she has read and what has been presented as part of the record. She said she has taken the time to extensively read the condensed transcript from the Maplewood City Council Meeting Continuation of the th September 28, 2006, meeting regarding when this proposal was reviewed before. Mayor Longrie said she is not able to recite this into the record but she wanted this transcript to be submitted as part of the record. This is what Mayor Longrie said she bases her decision upon. At the hearing it was discussed whether or not there was municipal water and sewer service available. The city was asked as part of the admissions for discovery whether or not to admit if there was municipal sewer and water service available to the property. The City of Maplewood denied that and Mayor Longrie said she wanted the admissions to be part of the record. Mayor Longrie said Mr. Ahl said at the last meeting that the moratorium was enacted before this litigation was started. Mayor Longrie said there is an amended complaint that she thinks was amended because the moratorium was enacted after the complaint was served and she wants the amended complaint in the record because this documents the time frame of when things happened. Mayor Longrie read a portion of an email aloud from Mr. Tom Ekstrand to Mr. Greg Copeland dated July 31, 2007. Mayor Longrieread: This is based on the very extensive study that Rose Lorsung did, which is the south Maplewood study executive summary report. this is what we have been talking about and this is important to read into the record: The city can stage the sewer extensions in anyway it sees appropriate with their current or proposed future land uses. Upon review of the regional planning expectations provided to the city by the Met Council for planning into the year 2030 their current land use guide is appropriate. Here are several different options that we have that flexibility as a council to make a public policy decision based on current and existing land use protocols.Those maps do showexactly what we have here for R-1(R). There was something presented to the council from the National Park Service. They talked about the 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïíì ±º îðì Mississippi Critical Area in regard to significant cultural management and comprehensive management. Mayor Longrie sai they say is the 2005 generalized land use for this area. The Met Council website says the -1. Mayor Longrie said she knows that we have talked about archaeologist site into the record their archaeological study and their survey. This is a good survey and she wants that information put in there. Mayor Longrie said we already have all of the documentation from the memorandum Planner, Mr. Ken Roberts put in his 2003 memorandum of R-1(R) and the rational behind it, what its all about, the importance of it and the public policy decision that was made in 2003. Mayor Longrie said she knows that Councilmember Rossbach was on the city council then and he is very much a part of this. She knows Councilmember Juenemann was on the council then too. Documents have been submitted for the record as well. nted all of this information part of the record. The Minnesota Department of Natural Resources mentions the importance of this area and the Fish Creek area. Mayor Longrie wished this critical. Mayor Longrie said there were questions regarding the grading this evening during the council meeting. How is the grading going to affect the land? She asked if so as a council we could discuss the grading? She said when she served on the Community Design Review Board along with watching the Planning Commission meetings, grading plans are used and the board and commission review specs. Mayor Longrie wanted to have the slope analysis methodology which discusses that there are two different methodologies. These are the things that are on her mind and that are part of her decision. Mayor Longrie said quite frankly she meant it when she said it before that the only way will never be hammered out, because she knows how government works, that the details meetings and the city will have another crisis and another emergency and things will never get done. If we can say we are going to work together as a team, developer and city together on everything south of Fish Creek putting their resources together to get the funding to purchase that property through funding of some kind and then go with the plan north of Fish Creek, she could go vote for that. Mayor Longrie said anything other than that she it will be preserved in Councilmember Nephew wanted it added for the record the grading plan that was given to the council at the May 5, 2008, Council meeting. He said there must be minor changes for the adjustment of adding nine units but the basic outlines were provided for the council. Councilmember Nephew said to his mind neither winning nor losing in court would accomplish what he thinks we need as a city for this plot of land. Because if we 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïíë ±º îðì win in court and we hold the developer to 2 acre lots and it gets developed in that manner, he still thinks the cityis losing out on the ecological opportunity here. Eventuality in court he thinks this has less likelihood to creating a path to conservation. Councilmember Hjelle said the city has gone through this for almost 2 years now. His opposition to the original plan was and is still partially valid now. Unfortunately the issues at the time were more of a public safety concern. There were obviously other issues that he thought were challenging. He still has issues with the way in which the litigation was executed.He thinks the way in which the city has conducted itself, how the their job and violating state law by not notifying the appropriate people within the 60-day rule. The City got through that problem which nobody said the city would be able to get through. Up until the City of Minnetrista had gone through a court case thingslike this have never been successfully challenged. Councilmember Hjelle said he thinks the city got to a point where there was a real effort by a lot of people to get this project to go through. One of the realities are and he thinks a lot of people have ignored is that these salaries. The City of Maplewood has a budget of $38 million ifwe levy $15 and $16 million. Councilmember Hjelle said the difference comes in from fees and revenue that are collected by other fees and permits. You are fighting a bureaucracy where self preservation is very important. Councilmember Hjelle said he thinks that is what has driven a lot of this. Unfortunately at the end of the day he thinks certain people have made a pretty good effort to try and look out for the best interest of the City of Maplewood and the Maplewood taxpayers. Especially living in south Maplewood, the residents honored what we said we would honor a couple years ago which was to preserve the existence of the community there as it was with some limitations on development. Woods neighborhood. The homes are on a couple acre lots there. Given what Mayor Longrie has add because he agrees with about 95% of this. He said he votes no for this for the various reasons that were given. Seconded by Councilmember Juenemann.Ayes Councilmembers Rossbach, Nephew & Juenemann Nays Mayor Longrie, Councilmember Hjelle The motion passed. 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïíê ±º îðì Councilmember Rossbach moved to approve the resolution vacating the unused easements and right-of-ways within the Carver Crossing of Maplewood development (the area west of I-494 and south of Carver Avenue). VACATION RESOLUTION 08-05-069 WHEREAS, CoPar Companies applied to the city for thevacation of the following-described parts of a public right-of-way and the following easements: LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF HENRY LANE That part of Henry Lane turned back to the City of Maplewood per Document Number 1843272 and according to the Minnesota Department of Transportation Right-of Way Plat No. 62-19, Document Number 352354 and Minnesota Department of Transportation Right-of Way Plat No. 62-20, Document Number 3548682, and that part of Legislative Trunk Highway 393, currently known as Trunk Highway 494 as described in Final Certificate, Document Number 1565350, all filed in the office of County Recorder, Ramsey County, Minnesota which lies westerly of the following described line: Commencing at the northeast corner of theSoutheast Quarter of the Northwest Quarter of Section 24, Township 28, Range 22; thence South 89 degrees 01 minutes 24 seconds West 607.01 feet on an assumed bearing along the north line of said Southeast Quarter of the Northwest Quarter; thence South 00 degrees 52 minutes 01 seconds East 238.73 feet; thence easterly 169.04 feet along a tangential curve concave to the northeast having a radius of 184.00 feet and a central angle of 52 degrees 38 minutes 12 seconds; thence South 53 degrees 30 minutes 13 seconds East 42.60 feet to the point of beginning of said line; thence southeasterly, southerly and southwesterly 152.16 feet along a tangential curve concave to the southwest having a radius of 120.00 feet and a central angle of 72 degrees 38 minutes 56 seconds; thence southwesterly 283.33 feet along a reverse curve concave to the southeast having a radius of 7,800.93 feet and a central angle of 02 degrees 04 minutes 51 seconds; thence South 17 degrees 03 minutes 52 seconds West 520.45 feet to a point hereinafter referred to as Point A and said line there terminating; Together with that part of said Henry Lane lying westerly, northwesterly and southeasterly of the following 60.00 foot strip. Said strip lies 30.00 feet on each side of the following described centerline: Commencing at the hereinbefore described Point A; thence continuing South 17 degrees 03 minutes 52 seconds West 157.55 feet; thence North 89 degrees 15 minutes 36 seconds East 31.51 feet to the point of beginning of said centerline; thence South 17 degrees 03 minutes 52 seconds West 194.51 feet; thence southerly and southwesterly 218.59 feet along a tangential curve concave to the northwest having a radius of 200.00 feet and a central angle of 62 degrees 37 minutes 19 seconds; thence, South 79 degrees 41minutes 11 seconds West 236.08 feet and said centerline there terminating. Easements and Right-of-ways to be Vacated: 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïíé ±º îðì 1. A 30-foot-wide drainage and utility easement as defined in Document No. 2499330 2. The drainage easement as defined in Document No. 2499331. 3. A 60-foot-wide driveway easement as defined in Document No. 2060364. 4. A 66-foot-wide roadway and utility easement as defined in Document No. 2060365. 5. The Henry Lane right-of-way per MN DOT right-of-way Plat No. 62-19. 6. The Henry Lane right-of-way per MN DOT right-of-way Plat No. 62-20. All in Section 24, Township 28, Range 22. WHEREAS, the history of these vacations is as follows: 1.On April 15, 2008, the planning commission held a public hearing about this proposed vacation. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council deny the proposed vacations. 2.On May 5, 2008, the city council reviewed this proposal. The city council also considered reports and recommendations of the city staff and planning commission. 3.On May 12, 2008, The City Council again considered these vacation requests. WHEREAS, after the city approves this vacation, public interest in the property will go to the following abutting properties: 1.2410 Carver Avenue Maplewood, Minnesota PIN: 24-28-22-24-0010 2.1481 Henry Lane Maplewood, Minnesota PIN: 24-28-22-31-0017 3.1461 Henry Lane Maplewood, Minnesota PIN 24-28-22-31-0002 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described right-of-way and easement vacations for the following reasons: 1. It is in the public interest. 2. The city and the developer do not need or use the existing easements or right-of-ways for their original purposes. 3. The existing easements and right-of-ways conflict with the proposed street and lot layout. 4. The developer will be dedicating new easements and right-of-ways with the final plat. These vacations are subject to the property owner or developer granting to the city new drainage and utility easements and right-of-ways over parts of the property, subject to the approval of the city engineer. The Maplewood City Council adopted this resolution on May 12, 2008. 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïíè ±º îðì Seconded by Councilmember Nephew.Ayes Councilmembers Rossbach, Nephew & Juenemann Nays Mayor Longrie, Councilmember Hjelle The motion passed. Councilmember Juenemann said for the record, the reason she is willing to agree with the higher number of units (174) compared to the 165 units because the city got rid of the million dollars that was tied to them and the city has not lost the ability to continue to negotiate for the southern piece of the property which is a huge piece of this proposal to her. Mayor Longrie said for the record, under City Ordinance 44-1091, the city is not obligated to approve a conditional use permit (CUP). Under City Ordinance 44-1097, the applicant has the burden of proving that the use would meet all the standards required for the approval of a conditional the developer has done that. May Acting City Manager, Chuck Ahl said the correct date for the next motion should be 9, 2008 , not May 12, 2008. Councilmember Rossbach moved to approve the Carver Crossing Preliminary Plat for a 174 -unit plan and the date of the preliminary plat shall be referenced as submitted on May 9, 2008, May 12, 2008,with direction that all reference to 165-units and plans dated 174May 9, March 31, 2008, shall be revised to -units and plans dated May 12, 2008, 2008. The applicant or developer shall complete the following before the city council approves the final plat: 1.Sign a development agreement with the city that guarantees that the applicant, developer or contractor will: a.Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.Place temporary orange safety fencing and signs at the grading limits. c.Provide all required and necessary easements (including ten-foot drainage and utility easements along the front and rear lot lines of each lot and five- foot drainage and utility easements along the side lot lines of each lot). d.Have Xcel Energy install Group V rate street lights in at least 12 locations. The exact style and location of the lights shall be subject to the city e.Pay the city for the cost of traffic-control, street identification and no parking signs. f.Cap, seal and abandon any wells that may be on the site, subject to Minnesota rules and guidelines. 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïíç ±º îðì g.Replace any trees that die within one year of planting or final transplanting. The size and species of the replacement trees shall be subject to city staff approval. h.Not do any tree removal, grading or construction in the area south and west of the proposed round-about until after November 13, 2008. i.Build a project that is consistent with the development plans of the application and with financial terms (if approved by the city council contemporaneously with the applications. The effectiveness of this ap agreement. j.Provide for the repair of Carver Avenue (street, curb and gutter, ditch and boulevard) after the developer constructs the sidewalks and connects to the public utilities and builds the new streets, turn lanes and private driveways. k.Provide for restoration of the former Henry Lane south of Carver Avenue after the construction of the new Henry Lane. 2.Have the city engineer, city environmental planner and city naturalist approval final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, driveway, trail, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo from Michael Thompson dated April 9, 2008, and shall meet the following conditions: a.The erosion control plans shall be consistent with the city code. b.The grading plan shall show: (1)The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (2)Contour information for all the land that the construction will disturb. (3)Building pads that reduce the grading on site where the developer can save large trees. (4)The street and driveway grades as allowedby the city engineer. (5)All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implementa stabilization and planting plan. These slopes shall be protected with wood-fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the final plat. 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïìð ±º îðì (6)All retaining walls on the plans. Any retaining walls tallerthan four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (7)Sedimentation basins or ponds as required by the watershed board or by the city engineer. (8)No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (9)A minimum of a 10-foot-wide, 10:1 bench below the normal water level (NWL) of any pond designed to be a wet pond. The depth of the pond below the NWL shall not exceed four feet. (10)Emergency overflow swales as required by the city engineer or by the watershed district. The overflow swales shall be 10 feet wide, one-feet deep and protected with approved permanent soil- stabilization blankets. (11)T city engineer with the drainage calculations. The drainage design shall accommodate the run-off from the entire project site and shall not increase the run-off from the site. c.The tree plan shall: (1)Be approved by the city engineer and city environmental planner before site grading or final plat approval. (2)Show where the developer will remove, transplant, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (3)Show the size, species and location of the transplanted, replacement and screening trees. The new deciduous trees shall be at least two and one-half (2½) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The new coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian pine, Black Hills spruce and other species. (4)Show no tree removal beyond the approved grading and tree limits. 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïìï ±º îðì (5)Include for city staff a detailed tree planting plan and material list. (6)Group additional new trees together including in the front yard of the property at 2431 Carver Avenue to help reduce headlight glare from Henry Lane. (7)Show the planting or transplanting of at least 552 trees. (8)Require the developer to replace any trees that die within one year of planting or final transplanting. The size and species of the replacement trees shall be subject to city staff approval. d.The street, driveway and utility plans shall show: (1)The streets and driveways shall be a nine-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. (2)Water service to each lot and unit. (3)Repair of Carver Avenue (street and boulevard) after the developer connects to the public utilities and builds the new streets, turn lanes, trails, sidewalks and private driveways. (4)The developer enclosing any ponds or basins that will have a normal water depth of two feet or more with a four-foot-high, black, vinyl-coated chain-link fence. The contractor also shall install gates in the fences as may be required by the city. (5)The private driveways with continuous concrete curb and gutter except where the city engineer decides that is not needed for drainage purposes. (6)The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire-flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (7)All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (8)The plan and profiles of the proposed utilities. 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïìî ±º îðì (9)Details of the ponds and the pond outlets. The contractor shall protect the outlets to prevent erosion. (10)The repair and restoration of the temporary Heights Avenue cul- de-sac including the installation of new curb and gutter, the trail connection, street pavement and the restoration of the boulevard. (11)The pipelines in and near Henry Lane and Outlot B. (12)The restoration of the former Henry Lane south of Carver Avenue after the completion of the new Henry Lane. (13)All traffic mitigation measures as outlined by the EAW including the additional turn lanes on Carver Avenue. (14)The installation of the design elements and safety measures for Henry Lane including a 3- MnDOT chain link fence and the 32-inch high retaining wall near the east side of Henry Lane (as outlined in the letter dated April 4, 2008, from Copar Companies). e.The drainage plan shall ensure that there is no increase in the rate of storm-water run-off leaving the site above the current (predevelopment) s engineer shall: (1)Verify pond, inlet and pipe capacities. (2)Have the city engineer verify the drainage design calculations. 3. plans. 4.Change the plat as follows: a.Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. b.Label the common areas as outlots. c.Add drainage and utilityeasements as required by the city engineer. d.Work with city staff on the preparation of a street and driveway naming plan. City staff shall approve this naming plan. e.Label the names of all the streets on all project plans and distinguish which are publicand which are private. 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïìí ±º îðì 5.Secure and provide all required easements for the development. These shall include any off-site drainage and utility easements. 6. city staff. These are to assure that there will be one responsible party for the care and maintenance of the common areas, private utilities, landscaping and retaining walls. 7.Record the following with the final plat: a. b.A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. c.Covenants or association documents that address the proper installation, maintenance and replacement of any retaining walls and of the common areas. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 8.The developer shall complete all grading for public improvements and overall site grading that the developer or contractor has not completed before final plat approval. 9.Combining all the properties into one property for tax and identifications purposes. 10.Obtain a permit from the Watershed District for grading. 11.Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). 12.If the developer decides to final plat part of the preliminary plat, city staff may waive anyconditions that do not apply to the final plat. Seconded by Councilmember Juenemann.Ayes Councilmembers Rossbach, Nephew & Juenemann Nays Mayor Longrie, Councilmember Hjelle 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïìì ±º îðì The motion passed. Mr. Baker said Mr. Ahl has passed out the clarified Resolution. This new Resolution differs from the Resolution in the staff report in two respects. First with regard to the approximately, language about the 16 unit option it adds the words solely because of the change in the number of 9 units we are not sure those numbers are exactly the same as when we were looking at a slightly smaller project. Second, the title of the Resolution is Approving Settlement Concepts and Directing Preparation of a Development Agreement Consistent With Those Concepts. we are approving settlement concepts so we have spelled this out in this. So his suggestion is that where the staff report refers to adopting the attached resolution you refer to this revised resolution that has been provided for the record. Councilmember Nephew said earlier in the meeting the council discussed the line in parentheses under paragraph 5 that says (except for grading trail areas and building up to two model homes in that area). Councilmember Nephew asked if we can strike that one line so that there would be no building until the calendar year 2009? Mr. Roston said correct, that is something we have agreed with tonight. Revised Councilmember Rossbach moved to approve the Resolution for Settlement of Litigation through Approval of Development Contract with the following amendments made by Attorney John Baker and Attorney Mr. Howard Roston in paragraph 5, in (striking buildingup to two model homes in that area). parentheses RESOLUTION 08-05-070 APPROVING SETTLEMENT CONCEPTS AND DIRECTING PREPARATION OF A DEVELOPMENT AGREEMENT CONSISTENT WITH THOSE CONCEPTS RECITALS A.Whereas, this Resolution is being acted upon by the Council only after consideration and approval by the Council of the following (hereinafter described 1.-unit planned unit 2.A resolution vacating the unused easements on Carver Crossing; and 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïìë ±º îðì 3.A Preliminary Plat for Carver Crossing. B.Whereas, as part of settlement negotiations between representatives of CoPar persuaded the Develop and to otherwise agree, as a condition to approval of the applications referenced above, to the following: 1.reducing the proposed amount of overall density from 191 units to 174 units, 2.providing a means by which the overall density would be further reduced to 158 units by granting the City an option to purchase, at a cost of $150,000 per lot, up to a total of $2,400,000, the approximately 8.3 acre southwesterly slope area and approximately 25.5. acres of integrated open space (as depicted on a map already provided to the City), including 16 specified building lots, plus outlots with the areas specified, 3.providing that if the City purchases at least one lot under this option provision, all green space identified in the March 31, 2008, plans shall be 4.providing that if the City purchases at least one lot under this option provision, all green space identified in the March 31, 2008, plans shall be Providing refusal, additional platted lots (adjacent to one or more lots designated in the 16-lotoption), at their appraised value. 5.providing the City with an opportunity to finance its exercise of one or both of these options, whether through referendum vote, grants from other entities, or a combination thereof, by leaving the period to exercise the options and enter into a purchase agreement open through calendar year 2008 (and the period in which to close on the purchase open until June 30, 2009), refraining from commencing development of that portion of Carver Crossing that is south of Fish Creek and south of the roundabout during calendar year 2008 and further refraining from developing that area between January and June 2009 if the City timely exercises its option in 2008. 6.providing a 300-foot protected corridor for Fish Creek through the use of conservation easements, 7.designing building pads so as to allow for a 20-foot deck without impacting conservation easements, 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïìê ±º îðì 8.providing the City with the opportunity to declare or identify trail corridors through the open space areas and conservation easement areas that will be disclosed to all potential lot purchasers to avoid confusion regarding future intentions to improve the open space area, 9.providing a road right of way for a majority of the roads that is 50 feet width, streets 24 feet in width and with a ten-foot wide trail or suitable sidewalk along a majority of the streets, and 10.adding a guard rail or equivalent protection east of Henry Lane for protection from vehicles potentially leaving the 494 Corridor. C.Whereas, in order for the Developer to agree to dismiss its suit, and to these modifications to the proposed development, it would be necessary for the City to agree to the following: 1.Prepare all public improvements as a City project but with no financial contribution by theCity to the infrastructure costs; 2.Assess the improvements at the exact cost of the bond sale over a 15-year term; 3.Allow the Developer to have joint approval over the final design; 4.Assess the Carver Crossing development property on an annual basis for any and all improvements to be constructed by agreement with CoPar in that calendar year; and 5.Except for phased final approvals as so required by approvals by the City in May 2008, refrain from imposing and enforcing further review or development time constraints, limitations, or encumbrances on the Developer or the project. 6.Consider providing improvements for future utility extensions as part of D.Whereas, the City and the Developer agree that the Developer will pay a $574,200 fee in lieu of park dedication; payment of this fee may be considered as development, but the amount shall become due no later than June 30, 2009. The Developer shall have the option prior to June 30, 2009, to assign this park dedication charge to the individual lots as a building permit fee at the current park dedication charge in effect at the time of the building permit issuance. E.Whereas, if the City grants the Approvals and adopts this Resolution, the Developer and the City intend to enter into a development agreement that is 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïìé ±º îðì consistent with the development plans of the application and with the terms of this Resolution. F.Whereas, the effectiveness of the approval of the applications and of the such development agreement. G.Whereas, such development agreement shall be presented to the City Council at its first regular meetingin June 2008 following adoption of this Resolution. H.Whereas, such development agreement shall include findings consistent with the actions taken by the City regarding the Approvals. I.Whereas, litigation is currently pending in Ramsey County District Court arising -unit version of a development at the same general location, with a summary judgment hearing currently scheduled for June 2, 2008; and J.Whereas, the parties understand that upon and authorization of the execution of a development agreement that is consistent with the terms of this Resolution, the Developer will dismiss with prejudice the pending suit, and the City and the Developer will agree to mutual releases of the parties and their agents. COUNCIL ACTION ACCORDINGLY, IN RELIANCE UPON THE ASSERTIONS OF THE DEVELOPER AS SPECIFIED ABOVE, THE CITY COUNCIL OF THE CITY OF MAPLEWOOD HEREBY RESOLVES AS FOLLOWS: 1.The Council hereby approves settlement concepts herein; and 2.directs staff and attorneys for the City to prepare and present to the Council at its first regularly scheduled council meeting in June 2008 a development agreement that is consistent with the Recitals of this Resolution as set forth above. Seconded by Councilmember Nephew.Ayes Councilmembers Rossbach, Nephew & Juenemann Nays Mayor Longrie, Councilmember Hjelle The motion passed. 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïìè ±º îðì EXHIBIT J [RESERVED] {121185.DOC} Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïìç ±º îðì EXHIBIT K CONSERVATION EASEMENT Agreement for conservation easement th This Conservation Easement is created this 25day of July, 2008, by and between CoPar 8677 Eagle Point Companies, LLC, a limited Liability Company, whose principal address is Boulevard, Lake Elmo, MN 55042 (Grantor) and the City of Maplewood, a municipal corporation, whose address is 1830 County Road B, East, Maplewood, Minnesota 55109 (Grantee); The Grantor is the fee simple holder of real property located in the City of Maplewood, Ramsey County. State of Minnesota, As part of the orderly, approved development of the Property described in Exhibit A of this Conservation Easement, Grantor has agreed to grant the City of Maplewood a Conservation the development plans previously approved by the City. This Conservation Easement area consists of approximately ___ acres and is described on ExhibitB. A survey map outlining the open space contemplated under this Agreement is also attached hereto as Exhibit C and upon acceptance of this Agreement the same with all exhibits shall be recorded in the Ramsey County Accordingly, Grantor conveys this Conservation Easement to Grantee pursuant to that certain development agreement entered into between the parties in July, 2008 on the terms and conditions set therein and as follows: 1.The purpose of this Agreement is to provide for the continued protection of those areas defined on Exhibit by the Grantor and to maintain the benefits to the public that they derive from having such space in the City and by requiring Grantor to maintain these areas in the premises of the Conservation Easement in their natural condition. 2.Except as may be permitted by amendment of this Agreement, Grantor and the City and their successors and assigns shall refrain from using, developing or modifying the Conservation Easement premises in any way: a)alteration of the topography; b)creation of paths and/or roads; c)removal or excavation of any soils or minerals; d)drainage or alteration of surface waters (except as may naturally drain over the Conservation Easement; e)plowing, tilling or cultivating the soils; {121185.DOC} Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïëð ±º îðì f)alteration of native species of flora without prior City approval; g)planting of non-native species of flora; h)grazing and farming of premises; i)construction or placement of any structure thereupon; j)construction or lease of space for unapproved utility lines and pipes; k)storage of garbage, trash, debris, equipment or materials; l) m)placement of signs, billboards or other advertising. 3.Grantor shall not be liable for acts of third parties beyond its control or not reasonably foreseeable. Grantor shall not be responsible for any loss due to circumstances beyond its control or acts of God such as fire, flood, tornado or other movement of the earth not caused by human intervention. 4.Grantor shall be authorized (but not obligated) to manage the Conservation Easement premises in a way that reduces invasive species of flora, reduces the threat of wild fire and manage using acknowledged best practices as they relate to management of trees for disease and pests. 5.Grantor warrants that it is the fee owner of the Conservation Easement premises and has the authority to execute this Agreement. 6.Grantor warrants that to the best of its knowledge no hazardous materials exist on the premises and that to its knowledge none have been dumped or stored there. 7.Grantor shall continue to have all rights and responsibilities as owner of the property subject to this agreement. Grantor shall continue to be solely responsible for the upkeep and maintenance of the Conservation Easement. 8.Grantee has the exclusive right to enter upon the Conservation Easement for the purpose of determining whether the Conservation Easement is being maintained in a manner consistent with this Agreement and for the purposes of taking an corrective action(s) necessary to bring the Conservation Easement back into compliance with the terms of this Agreement. Grantor shall be provided 14 days written notice of any corrective measures required however andno such entry shall be authorized prior to that notice and correction period. 9.This Agreement shall be binding on all successors and assigns of the parties and shall run in perpetuity with the Property unless modified or terminated by mutual written consent of the parties. 10.Modifications to this Agreement shall be in writing and must be consistent with the spirit and purpose of this Agreement. 11.Grantor shall disclose this Agreement to all future business partners or prospective buyers of the encumbered Property more further described in Exhibit A. 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïëï ±º îðì 12.Delays of enforcement shall not be construed as any waiver or assent to the adherence of the strict terms of this Agreement. 13.The parties agree that this Agreement should be liberally interpreted in favor of maintaining the Conservation Easement contemplated and shall be interpreted under Minnesota law. Provisions that are found illegal or unenforceable shall not render the remainder so and the Agreement shall survive the removal of any term by Order of Court. 14.Upon this Agreement going into effect, Grantor shall cause the boundaries of any of the Conservation Easement premises that is not marked and delineated to become marked and delineated so as to put area residents on notice as to its status. CITY OF MAPLEWOOD By:______________________________ Mayor By:______________________________ City Clerk COPAR DEVELOPMENT, LLC By:______________________________ Its:________________________ Signature blocks and notice sections to follow 121185.DOC Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïëî ±º îðì Agenda Item K2 AGENDA REPORT TO : City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Receipt of Comprehensive Annual Financial Report and Schedule Presentation from Auditor for August 25, 2008 DATE: August 6, 2008 INTRODUCTION/SUMMARY As part of the process for reporting on the funds collected and expended by the City, a report is prepared to summarize the use of all funds. That report is called the Comprehensive Annual Financial Report. The report is for the fiscal year ended on December 31, 2007. The Finance Director is the chief financial officer of the City and is responsible for preparing this report and submitting it to the state auditor. An independent auditor is hired by the City Council to determine if this report is accurate. The audit firm hired by the City Council is HLB Tautges Redpath, Ltd. The audit firm?s report is presented as the first component of the Comprehensive Annual Financial Report (CAFR). A preliminary draft of the auditor?s findings indicates that they will be issuing a ?clean opinion?. This finding means that they believe the CAFR is a true representation of the City?s financial position and uses of funds. The final document will be completed and printed on Monday, August 11, 2008. The Council will be provided a copy for their use and review at the meeting. A copy of the CAFR will be posted on the City?s webpage and will be available for inspection at City Hall. Representatives from HLB Tautges Redpath. Ltd. will present their findings at the regular Council meeting of August 25, 2008 at which point Council Members and the members of the public will be able to ask questions. RECOMMENDATION There is no action required by the City Council on this item. The report of the Auditor is not an issue th of debate. The City Council will be asked to receive the CAFR at the August 25 meeting. Attachments: 1. Comprehensive Annual Final Report for the Fiscal Year Ended December 31, 2007 [to be provided at the meeting] Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïëí ±º îðì Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïëì ±º îðì Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïëë ±º îðì Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïëê ±º îðì Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïëé ±º îðì Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïëè ±º îðì Agenda L2 MEMORANDUM TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, Citizen Services Manager DATE: August 7, 2008 SUBJECT: Off-Sale Intoxicating Liquor License ? Larry Toth, New License/Manager, Costco Wholesale Introduction Larry Toth has submitted an application for an off-sale intoxicating liquor license to be used at Costco Wholesale, 1431 Beam Avenue. Mr. Toth will also be the manager of Costco Wholesale. Background Mr. Toth currently resides in Blaine and has resided at this address for at least the last 5 years. He has worked for Costco since 1984 and was promoted to Manager in 1986 then General Manager in 1998. He managed the Coon Rapids store from 2001-2004 and the Eden Prairie store from 2004-present. He has also managed other stores across the county. As required by City ordinances, the necessary background investigation was completed by the Police Department on Mr. Toth. In the course of this investigation, state criminal history files were checked along with contacts and warrants in the cities of Coon Rapids, Eden Prairie, and Maplewood. Mr. Toth has met with Chief Thomalla personally to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime related issues. Consideration It is recommended that the City Council approve the off-sale liquor license for Costco Wholesale #1021, managed by Mr. Toth. Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïëç ±º îðì ß¹»²¼¿ ×¬»³ Ôí MEMORANDUM TO: Charles Ahl, Acting City Manager FROM: Shann Finwall, AICP, Environmental Planner; DuWayne Konewko,Ü»°«¬§ Ü·®»½¬±® ±º Ð«¾´·½ É±®µ; Virginia Gaynor, Open Space Naturalist SUBJECT: U.S. Mayor?s Climate Protection Agreement Working Group ? Maplewood Green Team DATE: August 4, 2008 for the August 11, 2008 City Council Meeting BACKGROUND On June 23, 2008, the City Council adopted the U.S. Mayor?s Climate Protection Agreement. The agreement is a way for cities to act locally on pollution and climate change issues in our country. Communities that adopt the agreement are agreeing to make efforts to reduce emissions in their communities by 7 percent below 1990 levels by 2010. This can be accomplished by simple measures such as increasing recycling rates within the city to more complex tasks such as measuring and inventorying emissions in city operations, setting reduction targets and developing an action plan. On July 28, 2008, the City Council authorized the acting city manager to form a working group to review and make recommendations on how the city can realistically and feasibly reduce emissions and pollution now and in the future. DISCUSSION Working Group (Maplewood Green Team) The city is in a unique position to implement and influence approaches to reducing emissions and pollution and should lead by example. The first challenge will be putting our own house in order by forming a working group to review and make recommendations on city operations. Green team discussions have taken place with the environmental and natural resources commission in the past and most recently has been recommended as an implementation strategy in the proposed sustainability chapter of the city?s comprehensive plan. A green team is a group of staff who work together on environmental issues at a city operation level. The team sets goals and objectives for promoting environmentally sustainable operating practices and gives updates to management and policy makers on the outcomes. Green teams are found to be the most successful and productive when there is buy in from upper management and policy makers. The City Council?s adoption of the U.S. Mayor?s Climate Protection Agreement and authorization to form a working group to review how the city can reduce emissions and pollution is the catalyst staff needs to ensure a successful green team kick off. As such, staff recommends that the green team act as the working group authorized by the city 1 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïêð ±º îðì ß¹»²¼¿ ×¬»³ Ôí council and that this group be made up of committed and interested staff members from a cross section of the city?s organization as well as a city council liaison. University of Minnesota Environmental Sciences Senior Project The University of Minnesota (U of MN) Environmental Sciences undergraduate degree program trains the next generation of environmental professionals and leaders through coursework in applied sciences, environmental policy, management, business, communication, and law. Each year seniors in the program work with a client to perform real world environmental policy and land use planning projects. Students gather and analyze data relevant to the client?s objectives and prepare a written report and presentation that describes their findings and recommendations. Last year the seniors worked with Anoka and Ramsey County to assess the recreational potential of Rice Creek. Rice Creek runs from Peltier Lake in Centerville to the Mississippi River in Fridley. The seniors inventoried the natural resources, infrastructure, and programs affecting the creek and then made recommendations on the feasibility of a public water trail. With the assistance of the students, the Rice Creek Water Trail is now a reality and offers 17 miles of canoeing and kayaking. This fall the seniors will be working with the City of Maplewood on a project called Sustainable Maplewood. From September until December the students will study various aspects of the city?s land use and operations and give recommendations on how the city can create models for sustainability in focus areas including: storm water mitigation models for businesses, public area vegetation renovations, management for sustainable parks, planning a green work place model, connectivity and capacity building among neighboring municipalities, and sustainable educational opportunities. The students working on the green work place model will review and assess the city?s transportation, waste, and energy use and will prioritize mitigation options and recommendations for transition to more efficient uses. The students will work with city staff and their professors on this project, will meet with the new green team members, and will create a written report and presentation for the green team, environmental commission, and the city council. This is a very timely project for the city in light of our emission and pollution reduction efforts and will offer the students valuable real life experience. To view the past senior projects go to the U of MN website at: . Eureka Recycling Eureka Recycling, the city?s recycling contractor, has offered to assist city staff in a recycling assessment and waste sort in city buildings. The recycling assessment includes Eureka staff inspecting city buildings to determine how and where recycling is taking place, and making a written assessment of improvements that can be made such as adding more recycling bins under desks or relocating or improving public recycling containers to ensure optimum use. The waste sort involves the collection and storage of one week?s worth of waste in a city building. Eureka representatives and green team staff will then conduct a waste sort where all possible recyclable materials will be sorted. Once complete the city can make 2 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïêï ±º îðì ß¹»²¼¿ ×¬»³ Ôí an assessment of how specific materials found their way into the trash and find ways to increase diversion to reuse, recycle and compost those materials in the future. Eureka Recycling has offered to work with the U of MN students focusing on the green work place model so that there is no overlap in their projects. This will be a good opportunity for the students to gain real life experience while assisting Eureka and the city in this task. Maplewood Green Team Kick Off Through the month of August city staff will be forming the Maplewood Green Team. The Green Team kick off meeting will be held in September to introduce the working group concept, clarify roles and expectations, and form a mission statement. The kick off meeting will also serve as an introduction to the U of MN students and Eureka Recycling and their prospective projects. Eureka?s recycling assessment and waste sort will take place in October and November and the student?s green work place model project will be complete by December. Recommendations from these projects will help guide the Maplewood Green Team in future environmental programs. RECOMMENDATIONS 1. Approve the creation of the Maplewood Green Team to act as the working group to reduce emissions and pollution in city operations and the community. The Maplewood Green Team will be made up of committed and interested staff members from a cross section of the city?s organization and a city council liaison. The Maplewood Green Team will work toward sustainable goals and objectives agreed to by the city in the U.S. Mayor?s Climate Protection Agreement and will update the city council on progress of these goals and objects through a progress report annually. 2. Approve the establishment of a green team project budget of $1,000 for the remainder of 2008 and $3,000 for 2009. The monies will come from the city?s recycling budget. 3 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïêî ±º îðì AGENDA NO.L-4 AGENDA REPORT TO:City Council FROM:Finance Director RE:APPROVAL OF CLAIMS August 11, 2008 DATE: 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: $1,859,801.66Checks # 76055 thru # 76120 dated 07/22/08 thru 07/29/08 $161,547.73Disbursements via debits to checking account dated 07/17/08 thru 07/25/08 $554,434.50Checks # 76121 thru # 76175 dated 08/05/08 $328,646.51Disbursements via debits to checking account dated 07/25/08 thru 07/31/08 $2,904,430.40Total Accounts Payable PAYROLL $587,286.97Payroll Checks and Direct Deposits dated 07/25/08 $3,665.90Payroll Deduction check # 1005611 thru # 1005612 dated 07/25/08 $590,952.87Total Payroll $3,495,383.27GRAND 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 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® P:\APPROVAL OF CLAIMS\2008\AprClms 7-25 and 8-01 ïêí ±º îðì Check Register City of Maplewood 07/25/2008 CheckDateVendorDescriptionAmount 7605507/22/200802464US BANKFUNDS FOR ATM10,000.00 7605607/22/200801370ROAD RESCUE EMERGENCY VEHICLESAMBULANCE REMOUNT58,000.00 7605707/23/200801284POSTMASTERAUGUST CITY NEWS PERMIT #49034,500.00 7605807/29/200800111ANIMAL CONTROL SERVICES INCPATROL & BOARDING FEES 7/7 - 7/201,008.61 7605907/29/200800463EMERGENCY APPARATUS MAINTLADDER 1 REPAIR12,942.52 7606007/29/200800687HUGO'S TREE CARE INCDEAD BLVD TREE REMOVAL832.83 7606107/29/200801018MINNEAPOLIS FINANCE DEPTAUTO PAWN SYSTEM - JUNE459.00 7606207/29/200801819PAETECLOCAL PHONE SERVICE 06/16 - 07/151,499.23 7606307/29/200801360REINHART FOODSERVICEMDSE FOR RESALE271.76 7606407/29/200801546SUBURBAN SPORTSWEARSHIRTS FOR STAFF & PROGRAMS696.75 7606507/29/200802462SCOTT D WEMYSSNAMETAGS6.41 7606607/29/200800100ANCOM COMMUNICATIONS INCNEW PAGERS2,026.70 07/29/200800100ANCOM COMMUNICATIONS INCMSC2000 TRADE INS-1,800.00 7606707/29/200800116APPEARANCE PLUS CAR WASHCAR WASH FEES - MAY & JUNE355.84 7606807/29/200802324APPLIED ECOLOGICAL SERVICESCONSULTING SERVICES3,715.50 7606907/29/200801811BERNATELLO'S PIZZA INCMDSE FOR RESALE207.00 07/29/200801811BERNATELLO'S PIZZA INCMDSE FOR RESALE69.00 7607007/29/200803738BETHEL & ASSOCIATES, PARETAINER FOR LEGAL SERVICES - AUG6,600.00 7607107/29/200800211BRAUN INTERTEC CORP.PROJ 07-15 ENGINEERING TESTING3,446.50 07/29/200800211BRAUN INTERTEC CORP.PROJ 07-14 ENGINEERING TESTING699.00 7607207/29/200803135BROWN TRAFFIC PRODUCTS, INC.PROJ 07-30 TRAFFIC SIGNALS21,095.52 7607307/29/200800272NICHOLAS CARVERREIMB FOR CONF FEE & MILEAGE 7/16-322.57 7607407/29/200803200KEVIN COFFEYOFFICER FOR RECEPTION 7/25175.00 7607507/29/200803516ANTHONY GABRIELREIMB FOR EDUCATION 5/7 - 6/10794.25 7607607/29/200800543GE CAPITALLEASE FOR RICOH 3500 COPIER352.28 7607707/29/200803087SCOTT A JACOBSONREIMB FOR MILEAGE 7/7 - 7/1112.87 7607807/29/200804086TRENT JOHNSONREIMB FOR MILEAGE 7/2 - 7/22142.74 7607907/29/200800393DEPT OF LABOR & INDUSTRYANNUAL OPERATING PERMIT - MCC100.00 7608007/29/200800875LOFFLER BUSINESS SYSTEMSAUDIO RECORDER REPAIR488.93 7608107/29/200804029MEER CONSTRUCTION, INC.ESCROW RELEASE FOR WALGREENS77,450.17 7608207/29/200800982METRO FIRE INCPARTS FOR FLUSHING72.05 7608307/29/200800985METROPOLITAN COUNCILWASTEWATER - AUGUST206,197.53 7608407/29/200803622MN OFFICE OF ENTERPRISE TECHWIDE AREA NETWORK - JUNE392.00 7608507/29/200804059MONTICELLO FORD MERCURY INC.2008 FORD CROWN VICTORIA SQUAD 21,160.00 07/29/200804059MONTICELLO FORD MERCURY INC.2008 FORD CROWN VICTORIA SQUAD 21,160.00 07/29/200804059MONTICELLO FORD MERCURY INC.2008 FORD CROWN VICTORIA SQUAD 21,160.00 07/29/200804059MONTICELLO FORD MERCURY INC.2008 FORD CROWN VICTORIA SQUAD 21,160.00 07/29/200804059MONTICELLO FORD MERCURY INC.2008 FORD CROWN VICTORIA SQUAD 21,160.00 7608607/29/200804121NODLAND CONSTRUCTIONPROJ 07-24 ST PAULS MONASTERY 267,974.57 7608707/29/200801173NORTH METRO AUTOMOTIVETOWING VEHICLE83.00 7608807/29/200800001ONE TIME VENDORREIMB D SHATTUCK PROJ 07-21 10,644.62 7608907/29/200800001ONE TIME VENDORREIMB S LAUMER PROJ 07-21 DRIVEWAY528.00 7609007/29/200800001ONE TIME VENDORREFUND M YATES CANCELLED CLASSES90.00 7609107/29/200800001ONE TIME VENDORREFUND TRICARE FOR LIFE AMB 08135780.05 7609207/29/200800001ONE TIME VENDORREFUND M SCHISSEL MEMBERSHIP64.05 7609307/29/200800001ONE TIME VENDORREFUND C DOERING HP BENEFIT40.00 7609407/29/200800001ONE TIME VENDORREFUND S BRANDT CLASS CANCELLED24.00 7609507/29/200802270PALDA & SONS INCPROJ 07-01 BROOKVIEW PARTPMT#7259,850.67 7609607/29/200801240STEVEN T PALMAREIMB FOR PDA CELLPHONE 7/15170.75 7609707/29/200801254PEPSI-COLA COMPANYMDSE FOR RESALE198.80 7609807/29/200804053PROFESSIONAL DRAIN SRVS, INC.PROJ 07-19 TELEVISING479.00 07/29/200804053PROFESSIONAL DRAIN SRVS, INC.PROJ 07-26 TELEVISING234.00 7609907/29/200804090RONSBERG TECH. PARTNERS, INC.DELL EQUALLOGIC PS5000E ~54,768.75 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïêì ±º îðì 7610007/29/200801387DR. JAMES ROSSINIADMIN FEE FOR STRESS TEST - JULY100.00 7610107/29/200803879SANSIOEMS RUNSHEETS & MONTHLY SUB-AUG614.59 7610207/29/200804043SCHWAN FOOD COMDSE FOR RESALE96.89 07/29/200804043SCHWAN FOOD COMDSE FOR RESALE36.46 07/29/200804043SCHWAN FOOD COMDSE FOR RESALE27.97 7610307/29/200802551SELBY IRON, INC.REPLACEMENT-EXIT STAIRS AT PUBLIC 3,350.00 7610407/29/200803398SHAMROCK GROUPMDSE FOR RESALE176.00 07/29/200803398SHAMROCK GROUPMDSE FOR RESALE129.00 7610507/29/200801463SISTER ROSALIND GEFREMCC MASSAGES - JUNE1,217.00 7610607/29/200802677SPECIALTY CONSTRUCTION SRV INCESCROW RELEASE BIRCH GLEN PICNIC 5,125.89 7610707/29/200800198ST PAUL REGIONAL WATER SRVSWATER UTILITY2,412.31 7610807/29/200801836CITY OF ST PAULLIGHT POLE REPAIR LEGACY & 1,634.16 7610907/29/200802853JOANNE SVENDSENREFUND MILEAGE & TRAINING 7/2328.25 7611007/29/200801574T.A. SCHIFSKY & SONS, INCPROJ 07-14 FERNDALE-GERANIUM 286,732.40 07/29/200801574T.A. SCHIFSKY & SONS, INCVARIOUS BITUMINOUS MATERIALS1,624.03 07/29/200801574T.A. SCHIFSKY & SONS, INCVARIOUS BITUMINOUS MATERIALS258.80 7611107/29/200804071TERRACON CONSULTANTS, INC.PROG 07-21 ENGINEERING TESTING1,650.00 07/29/200804071TERRACON CONSULTANTS, INC.PROJ 07-25 ENGINEERING TESTING1,075.00 7611207/29/200801635TOWER ASPHALT INCPROJ 07-25 HAZELWOOD PARTPMT#1156,715.15 7611307/29/200803088JOSEPH TRANREIMB FOR LENSES/GAS MASK 7/11160.40 7611407/29/200800449TYLER TECHNOLOGIES INCPROJECT MGMT & TOP - LICENSE FEES39,750.00 07/29/200800449TYLER TECHNOLOGIES INCPROJECT MGMT & TOP - LICENSE FEES250.00 7611507/29/200801683UNIFORMS UNLIMITED INCPOLICE VEST799.50 7611607/29/200802165URS CORPORATIONPROJ 02-07 PROF SRVS THRU 12/28/07224,981.66 7611707/29/200802464US BANKFUNDS FOR ATM6,000.00 7611807/29/200804119PAUL VANGESCROW REL 620 MCKNIGHT RD S5,083.56 7611907/29/200801750THE WATSON CO INCMDSE FOR RESALE486.67 7612007/29/200804120SHONG YANGESCROW RELEASE 622 MCKNIGHT RD S5,123.15 1,859,801.66 66Checks in this report. Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïêë ±º îðì CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DatePayeeDescriptionAmount Date 07/17/0807/18/08FriPitney BowesPostage2,985.00 07/17/0807/18/08MN Dept of Natural ResourcesDNR electronic licenses853.00 07/17/0807/18/08MN Dept of Natural ResourcesDNR electronic licenses17.00 07/18/0807/21/08MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)10,891.25 07/18/0807/21/08PERAPERA16,205.00 07/18/0807/22/08TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)16,068.09 07/19/0807/23/08WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)5,842.25 07/22/0807/23/08MN State TreasurerDrivers License/Deputy Registrar(city clrk)19,387.90 07/23/0807/24/08ThursMN State TreasurerDrivers License/Deputy Registrar(city clrk)19,597.88 07/23/0807/24/08US Bank VISA One Card*Purchasing Card Items49,138.31 07/23/0807/24/08MN Dept of RevenueSales Tax7,202.00 07/24/0807/25/08FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)13,360.05 TOTAL161,547.73 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïêê ±º îðì Trans DatePosting Date 07/03/200807/07/2008AQUA LOGIC INC$264.79JIM BEHAN 07/03/200807/07/2008AQUA LOGIC INC$740.88JIM BEHAN 07/03/200807/07/2008THE HOME DEPOT 2801$63.96NATHAN BURLINGAME 07/03/200807/07/2008THE HOME DEPOT 2801LARRY FARR 07/03/200807/07/2008TARGET 00011858$25.75LARRY FARR 07/03/200807/07/2008THE HOME DEPOT 2801$3.71LARRY FARR 07/04/200807/07/2008THE HOME DEPOT 2810LARRY FARR 07/05/200807/07/2008TARGET 00006940$12.36LARRY FARR 07/05/200807/07/2008WMS*WASTE MGMT WMEZPAY$529.51LARRY FARR 07/05/200807/07/2008WMS*WASTE MGMT WMEZPAY$392.36LARRY FARR 07/05/200807/07/2008WMS*WASTE MGMT WMEZPAY$1,080.66LARRY FARR 07/03/200807/07/2008CUB FOODS, INC.$1.06CAROLE GERNES 07/04/200807/07/2008MENARDS 3059PATRICK HEFFERNAN 07/05/200807/07/2008MILLS FLEET FARM #27$35.20PATRICK HEFFERNAN 07/05/200807/07/2008SHRED-IT$19.65ROBERT MITTET 07/03/200807/07/2008OFFICE DEPOT #1090$155.52AMY NIVEN 07/05/200807/07/2008MEDCO SUPPLY$72.53PHILIP F POWELL 07/05/200807/07/2008SHRED-IT$66.60KEVIN RABBETT 07/03/200807/07/2008CUB FOODS, INC.$72.01AUDRA ROBBINS 07/04/200807/07/2008CUB FOODS, INC.$23.12AUDRA ROBBINS 07/04/200807/07/2008CUB FOODS, INC.$15.06AUDRA ROBBINS 07/03/200807/07/2008FESTIVAL FOODS$13.58JAMES TAYLOR 07/05/200807/07/2008SHRED-IT$52.95SUSAN ZWIEG 07/05/200807/08/2008MONARCH WATCH$39.90OAKLEY BIESANZ 07/07/200807/08/2008SPRINT AQUATICS$116.16NEIL BRENEMAN 07/07/200807/08/2008U OF M BKSTRS-EBW$34.45VIRGINIA GAYNOR 07/07/200807/08/2008OFFICE DEPOT #1090$329.75JEAN GLASS 07/07/200807/08/2008RED WING SHOE STORE$146.20MARK HAAG 07/07/200807/08/2008THE UPS STORE #2171$6.89STEVE LUKIN 07/06/200807/08/2008TARGET 00021352$9.27MARY KAY PALANK 07/07/200807/08/2008HENRIKSEN ACE HARDWARE$52.41PHILIP F POWELL 07/07/200807/08/2008UNITED RENTALS #D09$138.14ROBERT RUNNING 07/07/200807/08/2008AE SIGN SYSTEMS$23.97SUSAN ZWIEG 07/03/200807/09/2008BLOOMINGTON SECURIT$174.66JIM BEHAN 07/07/200807/09/2008MINNESOTA ELEVATOR INC$340.02JIM BEHAN 07/08/200807/09/2008UNITED ELECTRIC #7649$113.45JIM BEHAN 07/07/200807/09/2008GUITAR CENTER #339$85.39NEIL BRENEMAN 07/07/200807/09/2008INNOVATIVE COLOR PRINTING$92.10HEIDI CAREY 07/08/200807/09/2008TWIN CITY FILTER SERV.$232.85LARRY FARR 07/08/200807/09/2008FINAL TOUCH SERVICES LLC$1,357.89LARRY FARR 07/08/200807/09/2008USPS 2663650009$2.00JANET M GREW HAYMAN 07/07/200807/09/2008HERO247 ITC 8004804821$54.00BERNARD R JUNGMANN 07/09/200807/09/2008TRI-ANIM HEALTH SERVICES$972.43BERNARD R JUNGMANN 07/07/200807/09/2008KATH AUTO PARTS NSP$60.00STEVEN PRIEM 07/07/200807/09/2008TOUSLEY FORD I27200039$259.32STEVEN PRIEM 07/07/200807/09/2008FACTORY MOTOR PARTS #19$53.40STEVEN PRIEM 07/08/200807/09/2008CATCO PARTS&SERVICESTEVEN PRIEM 07/08/200807/09/2008POLAR CHEVROLET MAZDA PAR$31.10STEVEN PRIEM 07/08/200807/09/2008POLAR CHEVROLET MAZDA PAR$39.25STEVEN PRIEM 07/07/200807/09/2008ST. 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07/10/200807/11/2008CUB FOODS, INC.$54.00TOM KALKA 07/10/200807/11/2008METRO FIRE$64.02STEVE LUKIN 07/09/200807/11/2008CVS PHARMACY #1751 Q03$23.88JOHN NAUGHTON 07/09/200807/11/2008TARGET 00011858$19.20AMY NIVEN 07/09/200807/11/2008KATH AUTO PARTS NSP$135.37STEVEN PRIEM 07/09/200807/11/2008FACTORY MOTOR PARTS #19$271.69STEVEN PRIEM 07/09/200807/11/2008WILD MOUNTAIN$1,047.69AUDRA ROBBINS 07/10/200807/11/2008WALGREENS #2936$30.03AUDRA ROBBINS 07/10/200807/14/2008THE HOME DEPOT 2801$11.69JIM BEHAN 07/10/200807/14/2008WW GRAINGER 497$286.59JIM BEHAN 07/10/200807/14/2008METRO ATHLETIC SUPPLY$143.51NEIL BRENEMAN 07/10/200807/14/2008PRESS PUBLICATIONS$135.00HEIDI CAREY 07/10/200807/14/2008SUPERAMERICA 4848$4.00CHARLES DEAVER 07/10/200807/14/2008THE HOME DEPOT 2801$80.99DOUG EDGE 07/11/200807/14/2008G & K SERVICES 006$633.12LARRY FARR 07/11/200807/14/2008G & K SERVICES 006$338.04LARRY FARR 07/11/200807/14/2008OFFICE DEPOT #1090$54.49KAREN FORMANEK 07/11/200807/14/2008OFFICE DEPOT #1090$13.87JEAN GLASS 07/11/200807/14/2008CLOVER SUPER FOODS$322.02LORI HANSON 07/10/200807/14/2008OFFICE MAX$7.46PATRICK HEFFERNAN 07/10/200807/14/2008SEARS ROEBUCK 1122$7.33PATRICK HEFFERNAN 07/11/200807/14/2008DAWG, INC.$2.29PATRICK HEFFERNAN 07/11/200807/14/2008DAWG, INC.$43.00PATRICK HEFFERNAN Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïêè ±º îðì 07/11/200807/14/2008MENARDS 3059$69.60PATRICK HEFFERNAN 07/12/200807/14/2008MENARDS 3059$8.52PATRICK HEFFERNAN 07/12/200807/14/2008THE HOME DEPOT 2801RICK HERLUND 07/12/200807/14/2008THE HOME DEPOT 2801$41.61RICK HERLUND 07/12/200807/14/2008NAPA AUTO PARTS 3279016$8.45RICK HERLUND 07/11/200807/14/2008TARGET 00011858$54.41BERNARD R JUNGMANN 07/11/200807/14/2008THE HOME DEPOT 2801$29.86JASON KREGER 07/10/200807/14/2008OFFICE DEPOT #1090$205.91LISA KROLL 07/11/200807/14/2008OFFICE DEPOT #1090$112.81LISA KROLL 07/10/200807/14/2008AIRGAS NORTH CENTRAL$347.02STEVE LUKIN 07/10/200807/14/2008AIRGAS NORTH CENTRAL$296.43STEVE LUKIN 07/11/200807/14/2008G & K SERVICES 006$350.29MARK MARUSKA 07/11/200807/14/2008HUGO'S TREE CARE$857.33MARK MARUSKA 07/12/200807/14/2008VZWRLSS*APOCC VISN$173.29ROBERT MITTET 07/11/200807/14/2008G & K SERVICES 006$848.75AMY NIVEN 07/11/200807/14/2008G & K SERVICES 006$205.36AMY NIVEN 07/11/200807/14/2008G & K SERVICES 006$179.27AMY NIVEN 07/10/200807/14/2008OFFICE DEPOT #1090$57.57MARY KAY PALANK 07/10/200807/14/2008OFFICE DEPOT #1090$31.20MARY KAY PALANK 07/11/200807/14/2008HAROLDS SHOE REPAIR$10.00ROBERT PETERSON 07/07/200807/14/2008ELVIN SAFETY$370.76PHILIP F POWELL 07/10/200807/14/2008KATH AUTO PARTS NSP$118.38STEVEN PRIEM 07/10/200807/14/2008FACTORY MOTOR PARTS #19$235.49STEVEN PRIEM 07/11/200807/14/2008CERTIFIED LABORATORIES$209.87STEVEN PRIEM 07/14/200807/14/2008COMCAST CABLE COMM$34.00KEVIN RABBETT 07/11/200807/14/2008PIONEER PRESS ADVERTISIN$779.00TERRIE RAMEAUX 07/10/200807/14/2008TARGET 00011858$90.64AUDRA ROBBINS 07/10/200807/14/2008UNIFORMS UNLIMITED INC$23.49MICHAEL SHORTREED 07/10/200807/14/2008METRO ATHLETIC SUPPLY$514.83DOUGLAS J TAUBMAN 07/14/200807/15/2008NORTH HEIGHTS HARDWARE IN$21.86JIM BEHAN 07/14/200807/15/2008DIRECTORY ADV-IDEARC$158.55HEIDI CAREY 07/15/200807/15/2008PAYPAL INC$59.95MYCHAL FOWLDS 07/14/200807/15/2008VZWRLSS*APOCC VISN$94.06KAREN E GUILFOILE 07/14/200807/15/2008MOGREN LANDSCAPE SUPPLY L$371.49GARY HINNENKAMP 07/14/200807/15/2008MOGREN LANDSCAPE SUPPLY L$742.98GARY HINNENKAMP 07/14/200807/15/2008PHILIPS MEDICAL SYSTEMS$161.70BERNARD R JUNGMANN 07/15/200807/15/2008TRI-ANIM HEALTH SERVICES$252.94BERNARD R JUNGMANN 07/14/200807/15/2008EMPIRE CORP$4,225.00ROBERT MITTET 07/14/200807/15/2008CERTIFIED LABORATORIES$741.80BRYAN NAGEL 07/14/200807/15/2008ABACUS PLUS SERVICES INC$188.51PHILIP F POWELL 07/14/200807/15/2008HILLYARD INC MINNEAPOLIS$542.67MICHAEL REILLY 07/14/200807/15/2008RED WING SHOE STORE$159.20MICHAEL REILLY 07/14/200807/15/2008PARTY AMERICA 1018$53.87PAULINE STAPLES 07/15/200807/16/2008VTA*VICTORY TEAM$54.50NEIL BRENEMAN 07/14/200807/16/2008THE HOME DEPOT 2801$127.50TROY BRINK 07/15/200807/16/2008ISTOCK *INTERNATIONAL$65.00HEIDI CAREY 07/14/200807/16/2008THE HOME DEPOT 2801$9.24SCOTT CHRISTENSON 07/15/200807/16/2008HEJNY RENTAL$173.61KERRY CROTTY 07/14/200807/16/2008ADOBE SYSTEMS, INC.$1,279.94MYCHAL FOWLDS 07/15/200807/16/2008COMCAST CABLE COMM$54.00MYCHAL FOWLDS 07/15/200807/16/2008AT&T *8310000707190$1,013.60MYCHAL FOWLDS 07/15/200807/16/2008SPRINT *SPRINTNEXTELWB$859.53MYCHAL FOWLDS 07/14/200807/16/2008THE HOME DEPOT 2801$76.80DAVID JAHN Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïêç ±º îðì 07/15/200807/16/2008DE LAGE LANDEN OP01 OF 01$379.14STEVE LUKIN 07/15/200807/16/2008CMI*UMNEXTENSION$50.00BRYAN NAGEL 07/15/200807/16/2008CMI*UMNEXTENSION$50.00BRYAN NAGEL 07/14/200807/16/2008OFFICE DEPOT #1090MARY KAY PALANK 07/15/200807/16/2008MEDCO SUPPLY$44.52PHILIP F POWELL 07/11/200807/16/2008FACTORY MOTOR PARTS #19STEVEN PRIEM 07/14/200807/16/2008KATH AUTO PARTS NSP$34.57STEVEN PRIEM 07/14/200807/16/2008CATCO PARTS&SERVICE$40.00STEVEN PRIEM 07/15/200807/16/2008MTI DISTRIBUTING, INC.-PL$84.07STEVEN PRIEM 07/14/200807/16/2008MICHAELS #2744$18.61AUDRA ROBBINS 07/14/200807/16/2008CUB FOODS, INC.$119.30AUDRA ROBBINS 07/15/200807/16/2008MENARDS 3022$21.22ROBERT RUNNING 07/14/200807/16/2008CHILI'S-MAPLEWOOD$130.25HARRIET J RYDEL 07/14/200807/16/2008VZWRLSS-MYACCT VN$38.69DEB SCHMIDT 07/15/200807/16/2008RICHFIELD BUS CO.$390.00ANDREA SINDT 07/14/200807/16/2008INNOVATIVE COLOR PRINTING$134.41PAULINE STAPLES 07/14/200807/16/2008TARGET 00011858$42.42JOANNE M SVENDSEN 07/15/200807/16/2008DE LAGE LANDEN OP01 OF 01$626.43JOANNE M SVENDSEN 06/25/200807/17/2008NUCO2$50.76JIM BEHAN 07/01/200807/17/2008NUCO2$68.76JIM BEHAN 07/09/200807/17/2008NUCO2$59.96JIM BEHAN 07/15/200807/17/2008THE HOME DEPOT 2801$35.69JIM BEHAN 07/16/200807/17/2008ADAMS PEST CONTROL$149.93JIM BEHAN 07/16/200807/17/2008DRI*FOLDMONKEY$41.63CHAD BERGO 07/16/200807/17/2008STREICHERS INC$607.02DAN BUSACK 07/16/200807/17/2008MOGREN LANDSCAPE SUPPLY L$37.37GARY HINNENKAMP 07/16/200807/17/2008MENARDS 3059$21.31DAVID JAHN 07/15/200807/17/2008OVERHEAD DOOR OF NORTH$266.95STEVE LUKIN 07/15/200807/17/2008ON SITE SANITATION$2,698.52MARK MARUSKA 07/17/200807/17/2008GOVERNMENT FINANCE OFFIC$1,233.00ROBERT MITTET 07/16/200807/17/2008HENRIKSEN ACE HARDWARE$16.97BRYAN NAGEL 07/15/200807/17/2008OFFICE DEPOT #1090$30.22MARY KAY PALANK 07/17/200807/17/2008BLACKHAWK PRODUCTS GROUP$194.97PHILIP F POWELL 07/15/200807/17/2008KATH AUTO PARTS NSP$10.66STEVEN PRIEM 07/15/200807/17/2008KATH AUTO PARTS NSP$41.92STEVEN PRIEM 07/15/200807/17/2008TOUSLEY FORD I27200039$31.74STEVEN PRIEM 07/16/200807/17/2008WINDY CITY NOVELTIES$120.45AUDRA ROBBINS 07/15/200807/17/2008THE HOME DEPOT 2801$35.75ROBERT RUNNING 07/15/200807/17/2008OFFICE DEPOT #1090$205.59HARRIET J RYDEL 07/16/200807/17/2008FEDEX SHP 07/15/08 AB#$6.41JAMES TAYLOR 07/16/200807/18/2008SUREFIRE LLC$118.00DAN BUSACK 07/17/200807/18/2008MYFONTS.COM C/OBITSTREAM$35.00HEIDI CAREY 07/16/200807/18/2008THE HOME DEPOT 2801$21.21SCOTT CHRISTENSON 07/17/200807/18/2008G & K SERVICES 006$100.92CHARLES DEAVER 07/17/200807/18/2008GARCEAU HARDWARE AND POWE$31.68THOMAS DEBILZAN 07/17/200807/18/2008BREEZY POINT RESORT RESE$539.97ROBERT J DOLLERSCHELL 07/17/200807/18/2008CUB FOODS, INC.$21.73TOM KALKA 07/17/200807/18/2008USPS 2663650015$5.32STEVE LUKIN 07/17/200807/18/2008MENARDS 3059$23.63MARK MARUSKA 07/17/200807/18/2008LTG POWER EQUIPMENT$69.22MARK MARUSKA 07/17/200807/18/2008METRO SALES INC$1,080.11WILLIAM J PRIEFER 07/15/200807/18/2008NORTHERN FACTORY SALES$136.20STEVEN PRIEM 07/15/200807/18/2008NORTHERN FACTORY SALES$143.79STEVEN PRIEM Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïéð ±º îðì 07/16/200807/18/2008GOODYEAR AUTO SRV CT 6920$180.17STEVEN PRIEM 07/17/200807/18/2008TRUCK UTILITIES INC$154.79STEVEN PRIEM 07/16/200807/18/2008OFFICE MAX$44.79DOUGLAS J TAUBMAN 07/17/200807/18/2008FEDEX SHP 07/15/08 AB#$8.15JAMES TAYLOR 07/17/200807/18/2008FEDEX SHP 07/15/08 AB#$8.15JAMES TAYLOR 07/17/200807/18/2008FEDEX SHP 07/15/08 AB#$7.94JAMES TAYLOR 07/17/200807/18/2008FEDEX SHP 07/15/08 AB#$7.34JAMES TAYLOR 07/17/200807/18/2008USPS 2663650009$11.11KAREN WACHAL TOTAL$49,138.31 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïéï ±º îðì CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 07/25/08HJELLE, ERIK416.42 07/25/08JUENEMANN, KATHLEEN416.42 07/25/08NEPHEW, JOHN416.42 07/25/08ROSSBACH, WILLIAM416.42 07/25/08RYDEL, HARRIET1,690.88 07/25/08CHRISTENSON, SCOTT1,929.39 07/25/08FARR, LARRY2,350.87 07/25/08JAHN, DAVID1,737.97 07/25/08MORIN, TROY127.50 07/25/08RAMEAUX, THERESE2,597.25 07/25/08FORMANEK, KAREN1,719.70 07/25/08MITTET, ROBERT3,366.86 07/25/08ANDERSON, CAROLE1,173.53 07/25/08DEBILZAN, JUDY1,133.08 07/25/08JACKSON, MARY2,229.94 07/25/08KELSEY, CONNIE2,201.73 07/25/08CAREY, HEIDI2,309.35 07/25/08GUILFOILE, KAREN3,366.86 07/25/08KROLL, LISA1,858.09 07/25/08MORSON, JOHN597.12 07/25/08SCHMIDT, DEBORAH2,214.91 07/25/08SPANGLER, EDNA1,072.65 07/25/08CORTESI, LUANNE894.00 07/25/08JAGOE, CAROL1,811.31 07/25/08KELLY, LISA1,091.43 07/25/08LARSON, MICHELLE1,120.57 07/25/08MECHELKE, SHERRIE968.01 07/25/08MOY, PAMELA1,051.27 07/25/08OSTER, ANDREA1,781.17 07/25/08WEAVER, KRISTINE1,949.35 07/25/08CORCORAN, THERESA1,792.56 07/25/08PALANK, MARY1,794.86 07/25/08POWELL, PHILIP2,800.78 07/25/08SVENDSEN, JOANNE1,982.90 07/25/08THOMALLA, DAVID4,699.27 07/25/08YOUNG, TAMELA1,750.95 07/25/08ABEL, CLINT3,002.93 07/25/08ALDRIDGE, MARK2,885.99 07/25/08BAKKE, LONN3,157.00 07/25/08BARTZ, PAUL3,807.70 07/25/08BELDE, STANLEY2,854.97 07/25/08BENJAMIN, MARKESE1,796.78 07/25/08BIERDEMAN, BRIAN3,727.47 07/25/08BOHL, JOHN3,441.66 07/25/08BUSACK, DANIEL3,059.11 07/25/08COFFEY, KEVIN2,760.15 07/25/08CROTTY, KERRY3,001.20 07/25/08DEMULLING, JOSEPH1,855.12 07/25/08DOBLAR, RICHARD3,346.57 07/25/08FRITZE, DEREK2,337.03 07/25/08GABRIEL, ANTHONY3,165.78 07/25/08HAWKINSON JR, TIMOTHY2,017.18 07/25/08HEINZ, STEPHEN2,989.83 07/25/08HER, PHENG1,775.17 07/25/08HIEBERT, STEVEN3,133.76 07/25/08JOHNSON, KEVIN4,231.05 07/25/08KALKA, THOMAS798.28 07/25/08KARIS, FLINT3,307.00 07/25/08KONG, TOMMY3,354.03 07/25/08KREKELER, NICHOLAS693.08 07/25/08KROLL, BRETT2,751.30 07/25/08KVAM, DAVID3,864.56 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïéî ±º îðì 07/25/08LANGNER, TODD2,307.70 07/25/08LARSON, DANIEL2,944.35 07/25/08LU, JOHNNIE2,835.97 07/25/08MARINO, JASON3,066.52 07/25/08MARTIN, JERROLD3,694.90 07/25/08MCCARTY, GLEN3,159.61 07/25/08METRY, ALESIA3,278.68 07/25/08NYE, MICHAEL2,754.92 07/25/08OLSON, JULIE2,846.71 07/25/08PALMA, STEVEN3,195.22 07/25/08RABBETT, KEVIN3,864.56 07/25/08RHUDE, MATTHEW2,546.94 07/25/08SHORTREED, MICHAEL3,768.98 07/25/08STEFFEN, SCOTT3,766.77 07/25/08STEINER, JOSEPH2,760.22 07/25/08SYPNIEWSKI, WILLIAM2,688.92 07/25/08SZCZEPANSKI, THOMAS2,740.72 07/25/08TRAN, JOSEPH3,140.04 07/25/08WENZEL, JAY2,961.97 07/25/08XIONG, KAO2,917.15 07/25/08BERGERON, JOSEPH3,540.09 07/25/08DUGAS, MICHAEL3,134.87 07/25/08ERICKSON, VIRGINIA3,482.69 07/25/08FLOR, TIMOTHY4,861.15 07/25/08FRASER, JOHN3,099.04 07/25/08LANGNER, SCOTT2,713.43 07/25/08THEISEN, PAUL3,651.47 07/25/08THIENES, PAUL4,188.46 07/25/08BASSETT, BRENT1,083.10 07/25/08BAUMAN, ANDREW2,080.82 07/25/08BECK, PATRICK1,139.16 07/25/08BECK, YANCEY1,242.89 07/25/08CRUMMY, CHARLES1,303.28 07/25/08DANUKOS, DAVID737.49 07/25/08DAWSON, RICHARD2,614.33 07/25/08DOLLERSCHELL, ROBERT3,268.80 07/25/08EVANS, JASON970.89 07/25/08EVERSON, PAUL3,419.08 07/25/08FERGUSON, ROBERT1,340.29 07/25/08FITZGERALD, EDWARD1,410.98 07/25/08FOSSUM, ANDREW2,165.63 07/25/08GARZA, BRANDON768.11 07/25/08GOOD, BROCK713.82 07/25/08HAGEN, MICHAEL1,426.17 07/25/08HALWEG, JODI2,510.78 07/25/08HEFFERNAN, PATRICK2,202.91 07/25/08HJELLE, ERIK1,819.07 07/25/08IMM, TRACY840.11 07/25/08JUNGMANN, BERNARD3,037.77 07/25/08KALKA, THOMAS2,267.52 07/25/08MAHONEY, KENNETH707.26 07/25/08MILLER, NICHOLAS1,502.45 07/25/08NOVAK, JEROME2,565.47 07/25/08NOWICKI, PAUL1,975.55 07/25/08O'GRADY, BENJAMIN936.00 07/25/08OLSON, JAMES2,620.84 07/25/08OPHEIM, JOHN2,796.81 07/25/08PERBIX, CHARLES3,057.38 07/25/08PETERSON, MARK1,274.89 07/25/08PETERSON, ROBERT2,646.80 07/25/08PODOBINSKI, LAURENCE1,815.62 07/25/08RAINEY, JAMES1,823.86 07/25/08REYNOSO, ANGEL1,274.98 07/25/08RICE, CHRISTOPHER1,166.82 07/25/08RICHARDSON, ANDREA2,340.60 07/25/08RIEMENSCHNEIDER, RONALD954.11 07/25/08RODRIGUEZ, REBECCA630.48 07/25/08RODRIGUEZ, ROBERTO1,538.02 07/25/08SCHULTZ, JEROME1,067.74 07/25/08SCHWARTZ, SHAWN941.58 07/25/08SEDLACEK, JEFFREY2,336.65 07/25/08STREFF, MICHAEL2,747.42 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïéí ±º îðì 07/25/08SVENDSEN, RONALD2,669.88 07/25/08TRICOLA, JOSEPH867.02 07/25/08WASHENBERGER, CHARLES272.55 07/25/08WHELEHAN, ROBERT1,698.54 07/25/08GERVAIS-JR, CLARENCE3,342.04 07/25/08LUKIN, STEVEN4,260.90 07/25/08ZWIEG, SUSAN2,108.55 07/25/08AHL, R. CHARLES5,253.00 07/25/08ENGSTROM, SHURENE494.00 07/25/08FINWALL, SHANN2,820.55 07/25/08KNUTSON, LOIS1,745.35 07/25/08KONEWKO, DUWAYNE3,246.56 07/25/08NIVEN, AMY1,332.42 07/25/08PASSI, CRYSTAL480.00 07/25/08PASSI, CRYSTAL1,200.00 07/25/08PRIEFER, WILLIAM2,601.27 07/25/08AHL, GREGORY840.00 07/25/08BRINK, TROY1,977.75 07/25/08BUCKLEY, BRENT1,657.35 07/25/08DEBILZAN, THOMAS2,006.15 07/25/08EDGE, DOUGLAS2,154.40 07/25/08HAMRE, MILES1,320.00 07/25/08JONES, DONALD2,034.15 07/25/08MEISSNER, BRENT812.95 07/25/08MEYER, GERALD2,086.59 07/25/08NAGEL, BRYAN3,015.02 07/25/08OSWALD, ERICK2,206.77 07/25/08RUNNING, ROBERT2,352.29 07/25/08SETNES, SAMUEL960.00 07/25/08TEVLIN, TODD2,016.15 07/25/08BURLINGAME, NATHAN1,710.95 07/25/08DUCHARME, JOHN2,558.86 07/25/08ENGSTROM, ANDREW2,243.90 07/25/08GAYNOR, VIRGINIA2,196.33 07/25/08JACOBSON, SCOTT2,108.55 07/25/08JAROSCH, JONATHAN2,367.75 07/25/08JOHNSON, TRENT880.00 07/25/08KREGER, JASON2,179.36 07/25/08KUMMER, STEVEN2,727.04 07/25/08LINDBLOM, RANDAL2,561.17 07/25/08LOVE, STEVEN2,599.02 07/25/08O'CONNOR, DONOVAN488.00 07/25/08THOMPSON, MICHAEL3,094.20 07/25/08WACHAL, KAREN772.61 07/25/08ZIEMAN, SCOTT1,029.60 07/25/08EDSON, DAVID2,046.68 07/25/08HINNENKAMP, GARY2,014.79 07/25/08MARUSKA, MARK3,000.18 07/25/08NAUGHTON, JOHN2,006.15 07/25/08NORDQUIST, RICHARD2,006.15 07/25/08NOVAK, MICHAEL2,006.15 07/25/08SCHINDELDECKER, JAMES2,008.46 07/25/08BIESANZ, OAKLEY1,177.58 07/25/08DEAVER, CHARLES618.89 07/25/08GERNES, CAROLE449.88 07/25/08HAYMAN, JANET1,235.78 07/25/08HUTCHINSON, ANN2,472.00 07/25/08SOUTTER, CHRISTINE173.69 07/25/08FRY, PATRICIA1,844.47 07/25/08HALL, KATHLEEN120.00 07/25/08SINDT, ANDREA1,884.55 07/25/08THOMPSON, DEBRA710.62 07/25/08EKSTRAND, THOMAS3,600.06 07/25/08ROBERTS, KENNETH452.59 07/25/08BRASH, JASON1,715.75 07/25/08CARVER, NICHOLAS3,027.38 07/25/08FISHER, DAVID3,938.72 07/25/08RICE, MICHAEL2,414.98 07/25/08SWAN, DAVID2,486.15 07/25/08WELLENS, MOLLY1,492.61 07/25/08JOHNSON, GENE400.00 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïéì ±º îðì 07/25/08BJORK, ALICIA743.13 07/25/08BJORK, BRANDON880.00 07/25/08COLEMAN, JOHN638.75 07/25/08OHLHAUSER, MEGHAN1,200.00 07/25/08ROBBINS, AUDRA2,439.86 07/25/08ROBBINS, EMERALD90.00 07/25/08RYCHLICKI, NICHOLE379.75 07/25/08SHERRILL, CAITLIN578.50 07/25/08TAUBMAN, DOUGLAS3,115.54 07/25/08TAYLOR, JAMES2,007.26 07/25/08GERMAIN, DAVID2,015.39 07/25/08HAAG, MARK2,128.65 07/25/08NADEAU, EDWARD3,384.17 07/25/08SCHULTZ, SCOTT2,202.16 07/25/08ANZALDI, MANDY190.56 07/25/08BERGLUND, DANIEL341.13 07/25/08BRENEMAN, NEIL1,657.89 07/25/08CRAWFORD - JR, RAYMOND803.00 07/25/08EVANS, CHRISTINE847.26 07/25/08FABIO-SHANLEY, MICHAEL283.50 07/25/08GADOW, ANNA492.27 07/25/08GLASS, JEAN1,982.54 07/25/08GROPPOLI, LINDA388.50 07/25/08HANSEN, LORI2,369.25 07/25/08HER, CHONG312.00 07/25/08HIX, MELINDA283.25 07/25/08HOFMEISTER, MARY864.31 07/25/08NAGEL, BROOKE499.00 07/25/08PELOQUIN, PENNYE500.16 07/25/08SCHOENECKER, LEIGH282.50 07/25/08STAPLES, PAULINE3,212.78 07/25/08TOLBERT, FRANCINE96.00 07/25/08VANG, KAY168.30 07/25/08VANG, TIM322.00 07/25/08ZIELINSKI, JUDY61.60 07/25/08AICHELE, MEGAN55.69 07/25/08ANDERSON, JUSTIN24.30 07/25/08ANDREA, JENESSA59.50 07/25/08BAUDE, SARAH51.00 07/25/08BEAVER, MARK50.00 07/25/08BEITLER, JULIE51.00 07/25/08BENJAMIN, AYLA174.83 07/25/08BIGGS, ANNETTE53.13 07/25/08BRUSOE, AMY229.09 07/25/08BRUSOE, CRISTINA554.84 07/25/08BUCHMAYER, NICOLLET588.88 07/25/08BUCKLEY, BRITTANY334.78 07/25/08CZECK, KELSEY52.88 07/25/08DEVRIENDT, KARA50.00 07/25/08DUNN, RYAN1,016.03 07/25/08ERICKSON-CLARK, CAROL47.50 07/25/08FLACKEY, MAUREEN42.00 07/25/08FONTAINE, KIM914.30 07/25/08GIEL, NICOLE141.00 07/25/08GREDVIG, ANDERS410.07 07/25/08HAGSTROM, EMILY14.63 07/25/08HORWATH, RONALD2,439.86 07/25/08IRISH, PETER100.05 07/25/08JASKEN, NICHOLAS479.00 07/25/08JOSSART, ANGELA34.00 07/25/08JOYER, JENNA100.75 07/25/08KOEHNEN, AMY52.10 07/25/08KOGLER, RYAN343.00 07/25/08KOLLER, NINA512.70 07/25/08KRONHOLM, KATHRYN920.94 07/25/08KURZHAL, ALISON189.50 07/25/08LAMEYER, ZACHARY211.08 07/25/08MCCARTHY, ERICA47.25 07/25/08NADEAU, KELLY94.50 07/25/08OBRIEN, JULIE120.00 07/25/08PROESCH, ANDY484.16 07/25/08RICHTER, DANIEL106.50 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïéë ±º îðì 07/25/08RICHTER, NANCY1,296.07 07/25/08ROLLOFF-FELLNER, TAYLOR173.81 07/25/08RONNING, ISAIAH98.00 07/25/08SCHREIER, ROSEMARIE136.00 07/25/08SCHREINER, MICHELLE574.48 07/25/08SCHUNEMAN, GREGORY352.91 07/25/08SEMONICK, MICHELLE39.00 07/25/08SKUNES, KELLY109.69 07/25/08SMITH, ANN248.70 07/25/08SMITLEY, SHARON226.35 07/25/08STAHNKE, AMY125.00 07/25/08TUPY, ELIANA34.00 07/25/08TUPY, HEIDE212.00 07/25/08TUPY, MARCUS308.70 07/25/08WARNER, CAROLYN402.40 07/25/08WERNER, REBECCA307.50 07/25/08WICKNER, KRISTY159.25 07/25/08WILLIAMS, KRISTINE55.20 07/25/08WOLFGRAM, MARY714.85 07/25/08WOLFGRAM, TERESA193.13 07/25/08WOODMAN, ALICE161.00 07/25/08YOUNCE, BLAISE98.00 07/25/08ZALK, IDA156.70 07/25/08BOSLEY, CAROL362.85 07/25/08FITZENBERGER, VALERIE276.00 07/25/08GIERNET, ASHLEY148.00 07/25/08HER, SHILLAME188.50 07/25/08HOLMGREN, STEPHANIE216.00 07/25/08LEWIS, AMY51.00 07/25/08SATTLER, MELINDA26.00 07/25/08BEHAN, JAMES1,840.79 07/25/08DOUGLASS, TOM1,352.92 07/25/08GROPPOLI, JOE306.00 07/25/08PATTERSON, ALBERT1,302.80 07/25/08PRINS, KELLY1,190.82 07/25/08REILLY, MICHAEL1,807.75 07/25/08VANG, HUE119.20 07/25/08AICHELE, CRAIG2,073.03 07/25/08PRIEM, STEVEN2,256.55 07/25/08WOEHRLE, MATTHEW2,041.51 07/25/08BERGO, CHAD2,499.19 07/25/08FOWLDS, MYCHAL2,996.06 07/25/08FRANZEN, NICHOLAS2,083.07 100552107/25/08LONGRIE, DIANA473.15 100552207/25/08COLLINS, CAROL450.00 100552307/25/08PENN, CHRISTINE845.00 100552407/25/08WELCHLIN, CABOT2,737.80 100552507/25/08AMBORN, JASON1,290.59 100552607/25/08ANDERSON, BRIAN2,230.84 100552707/25/08BAHL, DAVID1,475.28 100552807/25/08BIAGINI JR, JOSEPH252.00 100552907/25/08BOURQUIN, RON1,529.42 100553007/25/08BRUCKNER, KEVIN432.00 100553107/25/08BUCHE, JOETTE2,686.77 100553207/25/08CAPISTRANT, JOHN970.89 100553307/25/08CARDINAL, NICHOLAS441.00 100553407/25/08DIETZ, EDWARD33.77 100553507/25/08DITTEL, MICHAEL1,538.52 100553607/25/08DUELLMAN, AMY1,148.82 100553707/25/08FASULO, WALTER1,603.83 100553807/25/08HAKSETH, NATHAN605.95 100553907/25/08HALE, JOSEPH3,139.63 100554007/25/08HERLUND, RICK2,281.76 100554107/25/08HUTCHINSON, JAMES1,594.75 100554207/25/08JOHNSON, JAMES1,574.02 100554307/25/08KANE, ROBERT2,956.35 100554407/25/08KARNOWSKI, SANDRA2,288.72 100554507/25/08KOEHN, CORY430.25 100554607/25/08KONDER, RONALD1,038.34 100554707/25/08KORTUS, WILLIAM1,091.58 100554807/25/08LIDBERG, MICHAEL961.81 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïéê ±º îðì 100554907/25/08LOCHEN, MICHAEL2,504.86 100555007/25/08MALLORY, GORDON2,040.75 100555107/25/08MCGOVERN, JOHN1,436.13 100555207/25/08MELANDER, JON1,880.82 100555307/25/08MORGAN, JEFFERY1,188.00 100555407/25/08NALIPINSKI, STEPHEN1,000.11 100555507/25/08NAVARRO, ANTHONY441.00 100555607/25/08NOLAN, PAUL1,560.06 100555707/25/08POKORNY, EDWARD484.10 100555807/25/08RAVENWALD, CORINNE946.81 100555907/25/08RICE, DANIEL930.27 100556007/25/08RIDER, JEFFREY1,837.41 100556107/25/08ROBERTSON, STEVEN959.58 100556207/25/08ROMANIK, JAMES1,799.85 100556307/25/08SCHADT, JEFFREY333.40 100556407/25/08SKOK, STEPHEN1,441.67 100556507/25/08SOLHEID, DALE765.88 100556607/25/08STELLA, JAMES333.40 100556707/25/08WHITE, JOEL1,340.78 100556807/25/08ANDERSON, MICHAEL600.00 100556907/25/08GORE, MICHAEL1,044.00 100557007/25/08OLSON, SCOTT1,008.00 100557107/25/08PUHL, MATTHEW966.00 100557207/25/08FARLEY, JAMIE172.00 100557307/25/08GEBHARD, MADELINE833.00 100557407/25/08GOODRICH, CHAD514.50 100557507/25/08LINDA, KELLIE67.50 100557607/25/08MALLET, AMANDA372.00 100557707/25/08MARTIN, ARIELLE261.00 100557807/25/08OHS, DANIELLE400.00 100557907/25/08ROBBINS, CAMDEN81.50 100558007/25/08HER, PETER162.80 100558107/25/08O'GRADY, VICTORIA89.40 100558207/25/08VUE, LOR PAO201.90 100558307/25/08BRENEMAN, SEAN340.76 100558407/25/08BUESING, DYLAN133.00 100558507/25/08CHASTAN, ADAM65.00 100558607/25/08DEMPSEY, BETH98.00 100558707/25/08GRANT, MELISSA447.16 100558807/25/08GRUENHAGEN, LINDA390.08 100558907/25/08HANSON, MATTHEW60.00 100559007/25/08HOLMBERG, LADONNA378.00 100559107/25/08MCCANN, NATALIE54.00 100559207/25/08MORIS, RACHEL39.00 100559307/25/08NWANOKWALE, MORDY130.69 100559407/25/08PIEPER, THEODORE68.75 100559507/25/08RHODY, DIANE116.00 100559607/25/08ROSTRON, ROBERT283.13 100559707/25/08RYDEEN, ARIEL211.90 100559807/25/08SAUCERMAN, MICHAEL147.93 100559907/25/08SCHAEFER, JAMES96.06 100560007/25/08SCHMIDT, EMILY527.36 100560107/25/08SCHMIDT, JOHN310.20 100560207/25/08ARKSEY, EMILY13.00 100560307/25/08DANIEL, BREANNA76.00 100560407/25/08GLASS, JENNA136.00 100560507/25/08SATTLER, CASSANDRA169.50 100560607/25/08ZAGER, LINNEA297.38 100560707/25/08BOWMAN, MATTHEW228.00 100560807/25/08BURKS, TA'SHAWN63.00 100560907/25/08SCHULZE, KEVIN302.50 100561007/25/08VALERIO, TARA174.00 587,286.97 TOTAL Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïéé ±º îðì Check Register City of Maplewood 07/31/2008 CheckDateVendorDescriptionAmount 7612108/05/200800519FLEXIBLE PIPE TOOL CO.REPAIR SEWER TELEVISING CAMERA570.24 7612208/05/200802728KIMLEY-HORN & ASSOCIATES INCPROJ 07-25 PROF SRVS TRHU 6/3039,326.00 08/05/200802728KIMLEY-HORN & ASSOCIATES INCPROJ 07-26 PROF SRVS THRU 6/3035,396.60 08/05/200802728KIMLEY-HORN & ASSOCIATES INCPROJ 03-30 PROF SRVS THRU 6/3012,166.05 08/05/200802728KIMLEY-HORN & ASSOCIATES INCPROJ 07-30 PROF SRVS THRU 6/306,675.35 08/05/200802728KIMLEY-HORN & ASSOCIATES INCPROJ 06-17 PROF SRVS THRU 6/302,313.45 7612308/05/200801546SUBURBAN SPORTSWEARTASTE OF MAPLEWOOD SHIRTS69.00 7612408/05/200801190XCEL ENERGYELECTRIC & GAS UTILITY27,498.86 08/05/200801190XCEL ENERGYELECTRIC & GAS UTILITY883.23 08/05/200801190XCEL ENERGYMETERED SPEED SIGN10.75 7612508/05/200801936CHAD BERGOREIMB FOR MILEAGE & INT 7/8 - 8/191.88 7612608/05/200801811BERNATELLO'S PIZZA INCMDSE FOR RESALE207.00 7612708/05/200803513BRIAN BIERDEMANK-9 MAINTENANCE AUG35.00 7612808/05/200804118BLAZIN WINGS INCLI Refund Cst #0000011470.00 7612908/05/200800202JOHN BOHLOFFICER FOR 7/26 MCC RECEPTION262.50 7613008/05/200800211BRAUN INTERTEC CORP.PROJ 07-19 PROF SRVS THRU 7/111,444.75 7613108/05/200800221BROCK WHITE COMPANY, LLC.CRACK SEALING MATERIAL1,545.74 08/05/200800221BROCK WHITE COMPANY, LLC.CRACK SEALING MATERIAL1,463.55 7613208/05/200804124ANTHONY CAHANESREIMB RETIRED OFFICER COURT 165.06 7613308/05/200800261CAREFREE COTTAGES OF MAPLEWOODTAX INCREMENT DISTRICT 1-630,666.83 7613408/05/200800261CAREFREE COTTAGES OF MAPLEWOODTAX INCREMENT DISTRICT 1-416,133.02 7613508/05/200800261CAREFREE COTTAGES OF MAPLEWOODTAX INCREMENT DISTRICT 1-512,296.45 7613608/05/200802929CNAGLACMONTHLY PREMIUM - AUG531.50 7613708/05/200803658CHARLES DEAVERREIMB FOR BOOT REPAIR 7/151.25 08/05/200803658CHARLES DEAVERREIMB FOR MILEAGE 5/3 - 6/3042.02 7613808/05/200800499DANIEL FAUSTCONSULTING - WEEK ENDING 8/12,040.00 08/05/200800499DANIEL FAUSTCONSULTING - WEEK ENDING 7/251,360.00 7613908/05/200802396SHANN FINWALLREIMB FOR TUITION 5/7 - 6/251,272.00 7614008/05/200804123FRIENDS OF MAPLEWOOD NATUREREIMB FRIENDS FOR NC ENERGY BIKE2,320.90 7614108/05/200803516ANTHONY GABRIELK-9 MAINTENANCE AUG35.00 7614208/05/200800545GFOASUBSCRIPTION RENEWAL185.00 7614308/05/200800612GYM WORKS INCREPAIR & MAINT MCC EQUIP662.65 7614408/05/200802995INTEGRATED LOSS CONTROL INCSAFETY ORIENTATION-RIGHT TO KNOW831.50 7614508/05/200803729KNAAK & KANTRUD PAPROSECUTION & LEGAL SRVS - AUG16,500.00 7614608/05/200800827L M C I TCLAIM DEDUCTIBLE #11064262658.74 7614708/05/200800942MARSDEN BLDG MAINTENANCE COCLEAN UP AFTER SEWER BACKUP1,706.13 7614808/05/200803818MEDICAMONTHLY PREMIUM - AUG147,374.59 7614908/05/200803270MICHAEL A. MILLER/ISNSOFTBALL UMPIRE SRVS 6/26 - 7/244,789.75 7615008/05/200801085MN LIFE INSURANCEMONTHLY PREMIUM - AUG3,452.70 7615108/05/200801126MN NCPERS LIFE INSURANCEPERA LIFE INS MONTHLY PREMIUM - AUG384.00 7615208/05/200801213JULIE OLSONREIMB FOR MEALS & PARKING 7/19 - 7/2634.16 7615308/05/200800001ONE TIME VENDORREIMB D COOMBS FOR DRIVEWAY PROJ 4,500.00 7615408/05/200800001ONE TIME VENDORREFUND ACCENT AMB 081705943.04 7615508/05/200800001ONE TIME VENDORREIMB M HESSE DRIVEWAY PROJ 07-19585.06 7615608/05/200800001ONE TIME VENDORREFUND P GLASS AMB 08440540.00 7615708/05/200801254PEPSI-COLA COMPANYMDSE FOR RESALE497.77 7615808/05/200804053PROFESSIONAL DRAIN SRVS, INC.PROJ 07-25 TELEVISING264.00 08/05/200804053PROFESSIONAL DRAIN SRVS, INC.PROJ 07-14 TELEVISING234.00 08/05/200804053PROFESSIONAL DRAIN SRVS, INC.PROJ 07-26 TELEVISING234.00 08/05/200804053PROFESSIONAL DRAIN SRVS, INC.PROJ 07-21 TELEVISING125.00 08/05/200804053PROFESSIONAL DRAIN SRVS, INC.PROJ 07-21 TELEVISING125.00 7615908/05/200801345RAMSEY COUNTYRECORDING FEE FOR PLAT56.00 08/05/200801345RAMSEY COUNTYCOPIES FROM COUNTY-PROPERTY 14.00 7616008/05/200801418SAM'S CLUB DIRECTMDSE FOR RESALE483.73 08/05/200801418SAM'S CLUB DIRECTMDSE FOR RESALE483.27 Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïéè ±º îðì 08/05/200801418SAM'S CLUB DIRECTVENDING MACHINE & CLEANING 271.64 08/05/200801418SAM'S CLUB DIRECTCAMP SUPPLIES178.09 08/05/200801418SAM'S CLUB DIRECTB-DAY PROG CAKES & SUPPLIES78.22 08/05/200801418SAM'S CLUB DIRECTSUPPLIES FOR 4TH OF JULY67.42 08/05/200801418SAM'S CLUB DIRECTB-DAY PROG CAKES & SNACK BAR63.93 08/05/200801418SAM'S CLUB DIRECTPROG CAKES & SNACKS53.80 08/05/200801418SAM'S CLUB DIRECTB-DAY PROG CAKES21.36 08/05/200801418SAM'S CLUB DIRECTTATTOOS FOR TASTE OF MW21.17 7616108/05/200801430SCHROEDER MILK COMPANY, INC.TAX INCREMENT DISTRICT ED 1-529,984.59 7616208/05/200801430SCHROEDER MILK COMPANY, INC.TAX INCREMENT DISTRICT ED 1-514,444.72 7616308/05/200804043SCHWAN FOOD COMDSE FOR RESALE54.94 7616408/05/200801455MICHAEL SHORTREEDREIMB FOR NATIONAL NIGHT OUT 366.45 7616508/05/200803616SIBLEY COVE, LTD PARTNERSHIPTAX INCREMENT DISTRICT 1-832,510.38 7616608/05/200801488CHRISTINE SOUTTERREIMB FOR MILEAGE 1/1 - 6/30148.52 7616708/05/200800198ST PAUL REGIONAL WATER SRVSWATER UTILTIY1,801.27 7616808/05/200801550SUMMIT INSPECTIONSELECTRICAL INSPECTIONS FOR JULY3,914.80 7616908/05/200801578T R F SUPPLY CO.SUPPLIES459.12 7617008/05/200801574T.A. SCHIFSKY & SONS, INCPROJ 06-16 DESOTO-SKILLMAN 44,128.65 08/05/200801574T.A. SCHIFSKY & SONS, INCVARIOUS BITUMINOUS MATERIALS1,526.50 08/05/200801574T.A. SCHIFSKY & SONS, INCVARIOUS BITUMINOUS MATERIALS1,444.27 7617108/05/200800529UNION SECURITY INSURANCE COLTD PLAN 4043120-2 - AUGUST3,037.22 08/05/200800529UNION SECURITY INSURANCE COSTD PALN 4043120-1 AUGUST1,764.70 7617208/05/200802464US BANKFUNDS FOR ATM7,000.00 7617308/05/200803825VAN DYKE STREET HOMESTAX INCREMENT DISTRICT 1-718,683.25 7617408/05/200803825VAN DYKE STREET HOMESTAX INCREMENT DISTRICT 1-79,619.67 7617508/05/200802880ZAHL PETROLEUM MAINTENANCE COCHECK LIQUID SENSOR ON FUEL SYS181.75 554,434.50 55Checks in this report. Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïéç ±º îðì CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 07/25/0807/28/08MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)14,145.75 07/25/0807/28/08PERAPERA74,711.98 07/25/0807/28/08US TreasurerFederal Payroll Tax (FICA)122,069.67 07/25/0807/29/08TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)20,736.15 07/26/0807/29/08MN State TreasurerDrivers License/Deputy Registrar(city clrk)4,982.88 07/25/0807/29/08ICMA (Vantagepointe)Deferred Compensation3,623.23 07/25/0807/29/08MN Dept of Natural ResourcesDNR electronic licenses1,352.50 07/25/0807/29/08MN Dept of Natural ResourcesDNR electronic licenses25.00 07/28/0807/29/08WI Dept of RevenueState Payroll Tax1,043.81 07/28/0807/29/08MN State TreasurerState Payroll Tax20,033.52 07/28/0807/29/08Labor UnionsUnion Dues3,330.46 07/25/0807/29/08ICMA (Vantagepointe)Deferred Compensation3,623.23 07/28/0807/29/08Orchard Trust/ Great WestDeferred Compensation24,281.00 07/25/0807/29/08ARC AdministrationHRA Flex plan1,393.26 07/28/0807/30/08WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)16,993.80 07/29/0807/31/08ThursMN State TreasurerDrivers License/Deputy Registrar(city clrk)16,300.27 TOTAL328,646.51 *Detailed listing of VISA purchases is attached. Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïèð ±º îðì ß¹»²¼¿ ×¬»³ Óï AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Assistant City Engineer SUBJECT: TH 61/Frost Avenue Improvements, Project 07-30, Approval of Cooperative Agreement No. 92564 with Mn/DOT DATE: August 1, 2008 INTRODUCTION The council should consider approving entering into an agreement with Mn/DOT in order to receive funding to make necessary improvements at the TH 61/ Frost Avenue intersection. Background th The city council authorized preparation of plans and specifications at the June 11, 2007 regular meeting. On January 28, 2008 the city council accepted the feasibility report and ordered the public hearing. The th council established financing and accepted Mn/DOT funds in the amount of $245,000 at the March 24, rd 2008 meeting. And on June 23, 2008 the council approved a cooperative agreement with Ramsey th County in order to received County contributions. On July 28, 2008 the council approved plans and specifications and authorized ad for bids. The bids are now set to be opened at 10:00 a.m. on September thnd 12, 2008 at city hall. The award of bid would be considered on September 22. Budget Impact No adjustments are needed at this time as the council is only accepting funding that was originally included in the approved budget. It should be noted that the funding amount from Mn/DOT in the agreement is $213,500. Mn/DOT will also be furnishing $31,500 in materials for the new signal, which then equates to a total of $245,000. RECOMMENDATION It is recommended that the city council approve the attached resolution for the TH 61/Frost Avenue Improvements, City Project 07-30: Approval of Cooperative Agreement No. 92564, and authorize the City Engineer/Public Works Director to sign the agreement signifying approval by the mayor and council. Attachments: 1. Resolution Approving Cooperative Agreement 2. Cooperative Agreement 3. Location Map Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïèï ±º îðì ß¹»²¼¿ ×¬»³ Óï ß¬¬¿½¸³»²¬ ï CITY OF MAPLEWOOD RESOLUTION IT IS RESOLVED that the City of Maplewood enter into Mn/DOT Agreement No. 92564 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of the State?s share of the costs of the intersection improvement construction which includes bituminous surfacing, concrete curb and gutter and trail improvements, and the traffic control signal construction to be performed upon, along and adjacent to Trunk Highway No. 61 at County State Aid Highway No.27 (Frost Avenue) ? Parkway Drive within the corporate City limits of Maplewood under State Project No. 6222-154 (T.H. 61=001), State Aid Project No.?s 62-627-05, 138-010-013, 138-020-035, and 138-151-001, and City Project No. 07-30. IT IS FURTHER RESOLVED that the City Engineer/Public Works Director is hereby authorized by the Mayor and City Council to execute the Agreement and any amendments to the Agreement. th Adopted by council this 11 day of August 2008. Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïèî ±º îðì ß¹»²¼¿ ×¬»³ Óï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïèí ±º îðì ß¹»²¼¿ ×¬»³ Óï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïèì ±º îðì ß¹»²¼¿ ×¬»³ Óï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïèë ±º îðì ß¹»²¼¿ ×¬»³ Óï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïèê ±º îðì ß¹»²¼¿ ×¬»³ Óï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïèé ±º îðì ß¹»²¼¿ ×¬»³ Óï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïèè ±º îðì ß¹»²¼¿ ×¬»³ Óï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïèç ±º îðì ß¹»²¼¿ ×¬»³ Óï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïçð ±º îðì ß¹»²¼¿ ×¬»³ Óï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïçï ±º îðì ß¹»²¼¿ ×¬»³ Óï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïçî ±º îðì ß¹»²¼¿ ×¬»³ Óï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïçí ±º îðì ß¹»²¼¿ ×¬»³ Óï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïçì ±º îðì ß¹»²¼¿ ×¬»³ Óï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïçë ±º îðì ß¹»²¼¿ ×¬»³ Óï ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïçê ±º îðì ß¹»²¼¿ ×¬»³ Óî AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Assistant City Engineer SUBJECT: Hazelwood Street Improvements, City Project 07-25, Resolution for Modification of the Existing Construction Contract, Change Order No. 1 DATE: August 4, 2008 INTRODUCTION The city council will consider approving the attached resolution directing the modification of the existing construction contract for trail improvements connecting Hazelwood Street to the Bruce Vento Trail overpass. Project Background Improvements to Hazelwood Street between Highway 36 and Frost Avenue started this year as a city th improvement project after the council awarded a construction contract to Tower Asphalt on May 12, 2008 in the amount of $1,241,296.25. The awarded contract includes improvements for street reconstruction, th utility improvements, and sidewalk construction on Hazelwood Street. At the May 12, 2008 council meeting, staff referred to a possible contribution from Mn/DOT to make further improvements to allow for th removal of the at-grade pedestrian crossing and subsequently at the July 28, 2008 regular meeting, the council accepted $40,000 in Mn/DOT cooperative agreement funding to help offset costs associated with proposed Change Order No.1. The items for Change Order No. 1 are attached to show an exact cost breakdown for the work. Tower Asphalt has provided a quote in the amount of $73,234.75. Change Order No.1 will increase the contract amount by $73,234.75 to $1,314,531.00 Budget Originally the bid documents included this trail work and were outlined as Bid Alternate No.2 but it was not awarded at the time of the Base Bid award because the Mn/DOT funding was not yet secured. The current quote for the trail improvements totals $73,234.75 of which $40,000 is now funded by cooperative agreement funding from Mn/DOT. The remaining $33,234.75 falls within the approved budget as Municipal State Aid Funds, therefore only an adjustment to the budget reflecting the $40,000 Mn/DOT contribution is needed at this time. RECOMMENDATION It is recommended that the city council approve the attached resolution for the Modification of Existing Construction Contract, Change Order No.1, for City Project 07-25. Attachments: 1. Resolution 2. Change Order Ë²·¬ Ð®·½» 3. Location Map Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïçè ±º îðì ß¹»²¼¿ ×¬»³ Óî ß¬¬¿½¸³»²¬ ï RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 07-25, CHANGE ORDER NO.1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 07-25, Hazelwood 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 07-25, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1. The finance director is hereby authorized and directed to modify the budget to reflect the Mn/DOT Cooperative Agreement Funding in the amount of $40,000. 2. The mayor and city engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No.1 in the amount of $73,234.75. The revised contract amount is $1,314,531.00. Ð¿½µ»¬ Ð¿¹» Ò«³¾»® ïçç ±º îðì ß¹»²¼¿ ×¬»³ Óî ß¬¬¿½¸³»²¬ î Ð¿½µ»¬ Ð¿¹» Ò«³¾»® îðð ±º îðì ß¹»²¼¿ ×¬»³ Óî ß¬¬¿½¸³»²¬ í Ð¿½µ»¬ Ð¿¹» Ò«³¾»® îðï ±º îðì Agenda M3 AGENDA REPORT To: Acting City Manager Chuck Ahl From: Chief of Police David J. Thomalla Subject: Donation to Police Department From Residential Mortgage Group & Resolution of Acceptance of Donation Date: August 4, 2008 Introduction The Police Department has received a donation from RMG (Residential Mortgage Group), and City Council approval is required before this donation can be accepted. Background RMG sent the Police Department a $50 check as part of their charitable donation program called ?Refer a friend. Build your community.? In the literature accompanying this donation, it explains that when a referral-generated mortgage closes, a donation will be made to a school, fire or police department on behalf of both the person who referred the client as well as the client who completed the loan. RMG instituted this program because it lets their clients directly improve the communities where they will be living. The company?s goal is to donate at least $200,000 to communities this year. The client who designated the Maplewood Police Department for their $50 donation in conjunction with their loan closing is Shawna Johnson from the west side of Maplewood. This is the second donation of this type received from RMG, and we have been told that we may continue to receive donations in the future. Recommendation It is recommended that City Council approval be given to accept the current $50 donation and that the necessary budget adjustments be made so the funds can be expended by the Police Department as needed. It is also recommended that approval be given for the acceptance of any future donations of this kind from Residential Mortgage Group. Action Required Submit to the City Council for review and action. DJT:js Ð¿½µ»¬ Ð¿¹» Ò«³¾»® îðî ±º îðì ß¹»²¼¿ ·¬»³ Óí RESOLUTION WHEREAS the Maplewood Police Department has received a $50 donation from Residential Mortgage Group on behalf of a client through their program called ?Refer a friend. Build community;? and your WHEREAS this program allows a person who closes a mortgage through Residential Mortgage Group to designate a school, fire, or police department to receive a donation to improve the communities where they will be living; NOW, THEREFORE,BE IT RESOLVED that the Maplewood City Council authorizes the Police Department to accept this $50 donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on ___________________________. SIGNED: WITNESSED: __________________________ _______________________________ (Signature)(Signature) MayorCity Clerk_______________________ (Title)(Title) __________________________ _______________________________ (Date)(Date) ß¹»²¼¿ ·¬»³ Óì AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, City Clerk DATE:August 4 , 2008 RE: Lawful Gambling License ? Church of Saint Bernard?s Introduction Church of Saint Bernards is requesting approval of an annual premise permit for lawful gambling at the Chalet. Approval is requested of the following resolution. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Church of Saint Bernard?s to operate at the Chalet, located at 1820 Rice Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation It is recommended that council approve the lawful gambling resolution application for the Church of Saint Bernard?s to operate at the Chalet.