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HomeMy WebLinkAbout2009 03-23 City Council Packet AGENDA MAPLEWOOD CITY COUNCIL 6:30 P.M. Monday, March 23, 2009 City Hall, Council Chambers Meeting No. 07-09 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 March 2, 2009, Special Council Workshop Minutes 2. Approval of March 2, 2009, City Council Workshop Minutes 3. Approval of March 9, 2009, City Council Meeting 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 J. PUBLIC HEARINGS 1. Mn/DOT I-494 Expansion, Project 09-02, Public Hearing and Resolution Approving Final Layout (Municipal Consent) K. UNFINISHED BUSINESS 1. Conditional Use Permit Review, Xcel Energy Substation Facility, 1480 County Road D 2. Conditional Use Permit Review, Comfort Bus, 1870 Rice Street 3. Consider Approval for Minnesota Land Trust to Complete Drafting Conservation Easement for Priory Preserve L. NEW BUSINESS 1. Rezoning Request ? R-1R, Rural Single-Dwelling Residence District, to R-1S, Small Lot Single-Dwelling District, Saint Clair Hills, East of 2510 Carver Avenue. 2. I-94 Transportation Corridor a. Resolution Approving Joint Powers Agreement b. Resolution Appointing Commission Member and Alternate M. CONSENT AGENDA 1. Approval of Claims 2. Gervais Avenue Street Improvement, Project 05-17 a. Resolution Approving Final Payment and Acceptance of Project b. Transfer to Close Fund 567 3. Ferndale-Geranium Area Street Improvements, Project 07-14, Resolution Approving Final Payment and Acceptance of Project (Includes Change Order No. 4) 4. Carsgrove Meadows Area Street Improvements, Project 08-10 a. Resolution Approving Plans and Advertising for Bids b. Resolution Ordering Preparation of Assessment Roll 5. Castle Avenue Improvements, Project 08-12 a. Resolution approving Plans and Advertising for Bids b. Resolution Ordering Preparation of Assessment Roll 6. Lark/Prosperity Area Street Improvements, Project 07-15, Resolution for Modification to the Existing Construction Contract, Change Order No. 4 7. Century Avenue Improvements, Project 03-15, Resolution Accepting Roll and Ordering Assessment Hearing for April 27, 2009 8. Resolution Designating Prosperan Bank as a Depository of Funds and Naming authorized Officers as Signers on the Account. 9. Resolution Naming Authorized Signers for U.S. Bank Treasury Management Service Agreement 10. Resolution Designating U.S. Bank as a Depository of Funds and Naming Authorized Officers as Signers on the Account 11. Lawful Gambling License for Merrick Inc at The Dive Bar th 12. Approval of Agreement with Melrose North Pyrotechnics for July 4 Celebration Fireworks 13. Approval of Resolution for Donation of Resistance Bands to the Community Center From Readex Research 14. Consider Approval of Acceptance of 2009 Justice Assistance Grant (JAG) 15. Consider Approval of Purchase of Digital Voice Recorders and System 16. Approval of Spring 2009 Clean-Up Event At Aldrich Arena 17. Conditional Use Permit Review, Woodlynn Ponds Townhomes PUD, Woodlynn Avenue 18. Conditional Use Permit Review Olivia Gardens PUD, 2313 to 2335 Olivia Court 19. Approval of Increase for Fire Department Stipends 20. Approval of Environmental and Natural Resources Commission Annual Report N. AWARD OF BIDS O. VISITOR PRESENTATION ? 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.) P. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk?s Office at 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings ? elected officials, staff and citizens. It is hoped that by following these simple rules, everyone?s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Agenda Item E1 MINUTES MAPLEWOOD CITY COUNCIL SPECIAL CITY COUNCIL MEETING 5:00 p.m. to 6:30 p.m., Monday, March 2, 2009 Council Chambers, City Hall A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:00 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Councilmember Nephew moved to approve the agenda. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. D. NEW BUSINESS Mayor Longrie closed the meeting pursuant to Minnesota State Statute, Chapter 13 relating to Attorney/Client privilege for the purpose of discussion. 1. Discussion of Litigation with Attorney Pete Regneir a. Declaration of Intent to Close Meeting i. Attorney Update on Burke v. Maplewood (Marino Case) ii. Attorney Update on Musgrave v. Maplewood E. UNFINISHED BUSINESS Mayor Longrie closed the meeting for purposes of labor negotiations for the City Manager contract. 1. Employment Approvals for City Manager Candidate James Antonen a. Declaration of Intent to Close Meeting i. Review of Background Report Mayor Longrie reopened the council meeting. March 2, 2009 1 SPECIAL COUNCIL MEETING MINUTES PacketPageNumber 4of220 b. Consider Approval of Background Report c. Consider Final Approval of Employment Contract Councilmember Nephew moved to table the Approval of Background Report and Final Approval of the Employment Contract for James Antonen. Seconded by Councilmember Juenemann. Ayes ? Councilmembers Juenemann, & Nephew Nays ? Mayor Longrie, Councilmembers Hjelle & Rossbach The motion failed. Mayor Longrie moved to approve the Background Report for James Antonen. Seconded by Councilmember Hjelle. Ayes ? Mayor Longrie, Councilmembers Hjelle, & Rossbach Nays ? Councilmembers Juenemann, & Nephew Councilmember Hjelle moved to approve the Final Approval of the Employment Contra ct for James Antonen as the new City Manager for the City of Maplewood. Seconded by Mayor Longrie. Ayes ? Mayor Longrie, Councilmembers Hjelle, Nephew & Rossbach Nays ? Councilmember Juenemann, The motion passed. Councilmember Nephew moved to table Council Presentations due to time constraints and the need to start the Council Workshop. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. The council took a short recess before starting the Council Workshop which was to begin at 6:30p.m. March 2, 2009 2 SPECIAL COUNCIL MEETING MINUTES PacketPageNumber 5of220 F. COUNCIL PRESENTATIONS (carried over to March 9, 2009.) 1. Employment Contracts ? Mayor Longrie 2. Fish Creek ? Councilmember Nephew 3. Code Enforcement Nuisance Ordinance ? Mayor Longrie 4. 311 ? Mayor Longrie 5. Website ? City Council Page ? Mayor Longrie 6. Announcement of Appointment to First Tier Suburbs Council for National League of Cities ? Mayor Longrie 7. Website Corrections - Mayor Longrie 8. Basics of Planning and Zoning ? Mayor Longrie 9. GIS ? Mayor Longrie G. ADJOURNMENT Mayor Longrie adjourned the meeting at 7:20 p.m. March 2, 2009 3 SPECIAL COUNCIL MEETING MINUTES PacketPageNumber 6of220 Agenda Item E2 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 6:30 p.m., Monday, March 2, 2009 Council Chambers, City Hall A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:30 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present until 9:00 p.m. John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Mayor Longrie moved to approve the agenda as submitted. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. D. UNFINISHED BUSINESS 1. Discussion on Conservation Easement Applications to Maplewood Open Space Properties a. Parks and Community Development Director, DuWayne Konewko introduced the report. b. Sarah Strommen, Minnesota Land Trust addressed and answered questions of the council. c. Maplewood Natural Resources Coordinator, Ginny Gaynor addressed and answered questions of the council. 2. Discussion on Issues Related to Consideration of Revisions to the Wetland Ordinance a. Environmental Planner, Shann Finwall, gave the report and answered questions of the council b. City Attorney, Alan Kantrud answered questions of the council. 1. Sharon Sandeen 1748 Gulden Place, Maplewood. 2. Mark Gurnis, 1837 McKnight Road, Maplewood. E. NEW BUSINESS None. F. ADJOURNMENT Mayor Longrie adjourned the meeting at 9:25 p.m. March 2, 2009 1 City Council Manager Workshop Minutes PacketPageNumber 7of220 Agenda Item E3 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, March 9, 2009 Council Chambers, City Hall Meeting No. 06-09 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:30 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 The following items were added or changed by the council: Councilmember Nephew added H10. Alarm Permits and H11. Commissions Mayor Longrie added H12. Citizen Forum Update Mayor Longrie added a new G1. Under Administrative Presentations Swearing in new City Manager, James Antonen and moving the old G1. to G2. and G2. to G3 Councilmember Nephew moved to approve the agenda as amended. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. E. APPROVAL OF MINUTES Approval of January 14, 2009, City Manager Interview Minutes. Councilmember Juenemann asked if an adjournment time should be stated in the minutes. City Clerk, Karen Guilfoile recommended that the recording secretary could indicate after adjournment the council and the candidates met at the Maplewood Community Center at 4:00 p.m. The council agreed that would be appropriate. Councilmember Juenemann moved to approve the January 14, 2009, City Manager Interview Minutes as amended. March 9, 2009 1 PacketPageNumber City Council Meeting Minutes 8of220 Seconded by Councilmember Rossbach. Ayes ? All The motion passed. Approval of February 23, 2009, City Council Workshop Minutes. Councilmember Rossbach moved to approve the February 23, 2009, City Council 5:00 p.m. Workshop Minutes as submitted. Seconded by Councilmember Nephew. Ayes ? All The motion passed. Approval of February 23, 2009, City Council Meeting Minutes. Councilmember Juenemann said page 7 of 146, under item D. K1. it should say Councilmember he Hjelle stated that would be leaving. Councilmember Rossbach said on page 24 of 146 the spelling of John O?Fallin?s last name should be clarified in item 2 b. 1. Stillwater Road/Hwy 5 improvements. (the recording secretary clarified that the spelling is O?Phelan and corrected the minutes.) Councilmember Nephew moved to approve the February 23, 2009, City Council Meeting Minutes as amended. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. F. VISITOR PRESENTATIONS ? PART I 1. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten welcomed the new City Manager, Mr. Antonen to the City of Maplewood. Ms. Sletten inquired if there was an open door policy for citizens to speak to the City Manager. She then stated that on March 10, 2008, Xcel Energy received a CUP from the city and within that CUP as part of the approval process, Xcel Energy was to prepare an annual report and submit it to the city regarding wood chipping and the activity on the site. The city council was to receive that report in one year and Ms. Sletten inquired if staff had heard from Xcel Energy because she hadn?t seen anything regarding that item on a council agenda as of this time. Mayor Longrie said she had received information that this report would be added to the agenda very soon. 2. Judy Baier, 2240 Hazelwood Street, Maplewood. Ms. Baier commented on outside recreational fires. Ms. Baier shared her comments regarding the potential problems of restricting residents from having outside recreational fires. The council informed her that was not the intent of the Wood Smoke Task Force. 3. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick welcomed the new City Manager. Mr. Zick made several comments regarding issues he feels the new City Manager has in store. March 9, 2009 2 PacketPageNumber City Council Meeting Minutes 9of220 4. Robert Martin, 2329 Londin Lane, Maplewood. Mr. Martin discussed that the Corner Kick Soccer facility in Maplewood had closed and he would like people to come together and share ideas of how Maplewood can get a soccer facility here for the many kids who play soccer in the area. He would like residents to call him if they have ideas or suggestions and stated his phone number is listed on the city website under Planning Commission members. 5. Julie Binko, 1949 Greenbrier Street, Maplewood. Ms. Binko stated that she sent a letter to staff about a problem she has had regarding gas pressure in her neighborhood that she noticed when a tank less water heater was installed. She is concerned about the safety of the neighborhood because of the lack of gas pressure and then gave her specific concerns. The council asked staff to comment on this problem. Staff commented that there were some issues and staff would check into this with Xcel Energy and follow up and bring further information back to the council. The new City Manager commented that he knows this was a problem at the city he previously worked at in California and staff will be taking this issue seriously. 6. Frederica Musgrave, 1949 Greenbrier Street, Maplewood. Ms. Musgrave spoke about the error printed in the City Newsletter regarding the incorrect date for the Citizens Forum as th March 14 instead of March 7th. Ms. Musgrave also spoke of a lawsuit she was in with the City of Maplewood which has been dropped. She mentioned 3 former members on the Environmental Commission and the fact that they were never recognized for their time serving on the Environmental Commission. Ms. Musgrave was concerned about policies and procedures on these commissions and inquired why these individuals resigned. She also spoke of the interest for citizens to have a community garden since 2006 and shared her concerns and comments regarding having a community garden in Maplewood. Mayor Longrie moved to complete Administrative Presentations in their entirety. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. G. ADMINISTRATIVE PRESENTATIONS 1. Swearing In of New City Manager, James Antonen (added during approval of agenda) a. Mayor Longrie read the Oath of Office to the New City Manager, James Antonen. Mr. Antonen was welcomed with cake that was served in the lobby during the council meeting. 1. 2. Swearing In of Police Officer Brian Tauzell a. Maplewood Police Chief, Dave Thomalla introduced Brian Tauzell. b. Mayor Longrie read the Oath of Office to Maplewood Police Officer, Brian Tauzell. Brian?s Fiancé Ann, was chosen to present Brian with his badge. 2. 3. Certificate of Achievement For Excellence In Financial Reporting Awarded for 2007 Comprehensive Annual Financial Report (CAFR) a. Finance Director, Bob Mittet gave the report March 9, 2009 3 PacketPageNumber City Council Meeting Minutes 10of220 H. COUNCIL PRESENTATIONS (moved to the end of the meeting) 1. Employment Contracts ? Mayor Longrie 2. Fish Creek ? Councilmember Nephew 3. Code Enforcement Nuisance Ordinance ? Mayor Longrie 4. 311 ? Mayor Longrie 5. Website ? City Council Page ? Mayor Longrie 6. Announcement of Appointment to First Tier Suburbs Council for National League of Cities ? Mayor Longrie 7. Website Corrections - Mayor Longrie 8. Basics of Planning and Zoning ? Mayor Longrie 9. GIS ? Mayor Longrie 10. Alarm Permits ? Councilmember Nephew 11. Commissions ? Councilmember Nephew 12. Citizen Forum Update - Mayor Longrie I. APPOINTMENTS AND PRESENTATIONS None. J. PUBLIC HEARINGS 1. County Road D Improvements, Project 08-20 a. Public Hearing 7:00 p.m. b. Resolution Ordering Improvement After Public Hearing (4 votes) i. Acting Public Works Director, Michael Thompson gave the report. ii. Finance Director, Bob Mittet answered questions of the council. Mayor Longrie opened the public hearing at 7:27 p.m. 1. Dave Seidel, 2370 County Road D East, Maplewood. 2. Lisa Houck, 2326 County Road D East, Maplewood. 3. Larry Rider, 2292 County Road D East, Maplewood. 4. Laura Scott, 2334 County Road D East, Maplewood. 5. Art Strobel, 3036 Bellaire Avenue, Maplewood. 6. Mark Jenkins, 830 New Century Boulevard South, Maplewood. 7. Bill Schweigert, 3051 Bellaire Avenue, Maplewood. 8. Judy Garsha, 2280 County Road D East, Maplewood. 9. Sandy Letourneau, 3044 Bellaire Avenue, Maplewood. 10. Melanie Hill Strobel, 3036 Bellaire Avenue, Maplewood. 11. Tina Schoenecker, 2378 County Road D East, Maplewood. 12.Ordell Vanoverbeke, 3015 Bellaire Avenue, Maplewood. 13.Ken Scherkenbach, 2266 County Road D East, Maplewood Mayor Longrie closed the public hearing. Councilmember Juenemann moved to approve the resolution ordering the improvement after the public hearing for the County Road D Street Improvements, City Project 08-20. March 9, 2009 4 PacketPageNumber City Council Meeting Minutes 11of220 RESOLUTION 09-03-144 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 23rd day of February, 2009, fixed a date for a council hearing on the proposed street improvements for the County Road D Improvements, City Project 08-20. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on March 9, 2009, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to County Road D Improvements, City Project 08-20. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 9th day of March, 2009. 3. The city engineer is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $1,780,137 shall be established. The proposed financing plan is as follows: Seconded by Councilmember Rossbach. Ayes ? All The motion passed The Council took a 15-minute recess. K. UNFINISHED BUSINESS 1. Resolution Accepting Proposal On the Competitive Negotiated Sale of $4,765,000 General Obligation Improvement and Refunding Bonds, Series 2009A, And Providing For Their Issuance. a. Finance Director, Bob Mittet gave the report b. Terrie Heaton, Springsted Incorporated addressed and answered questions of the council. March 9, 2009 5 PacketPageNumber City Council Meeting Minutes 12of220 Councilmember Hjelle moved to approve the Resolution Accepting Proposal On the Competitive Negotiated Sale of $4,765,000 General Obligation Improvement and Refunding Bonds, Series 2009A, And Providing For Their Issuance. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: March 9, 2009 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall on March 9, 2009 at 7:00 p.m., for the purpose, in part, of considering proposals for and awarding the competitive negotiated sale of, $4,765,000 General Obligation Improvement and Refunding Bonds, Series 2009A. The following members were present: ALL and the following were absent: NONE In accordance with the resolution adopted by the City Council on February 9, 2009, the City Clerk presented proposals on $4,765,000 General Obligation Improvement and Refunding Bonds, Series 2009A, which were received and tabulated at the offices of Springsted Incorporated on this same day: BidderInterest RateTrue Interest Cost SEE ATTACHED The Council then proceeded to consider and discuss the proposals, after which member Councilmember Hjelle introduced the following resolution and moved its adoption: RESOLUTION 09-03-143 ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $4,765,000 GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, SERIES 2009A, AND PROVIDING FOR THEIR ISSUANCE A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City") has heretofore determined and declared that it is necessary and expedient to provide moneys for a current refunding of the City's General Obligation Improvement Bonds, Series 2001B, dated October 1, 2001 (the "Prior Bonds") which mature on and after February 1, 2010; and B. WHEREAS, $1,640,000 of the principal amount of the Prior Bonds which mature on and after February 1, 2010, are callable on February 1, 2009, at a price of par plus accrued interest, as provided in the Resolution of the City Council, adopted October 4, 2001, authorizing the issuance of the Prior Bonds (the "Prior Resolution"); and C. WHEREAS, the refunding of the Prior Bonds maturing on and after February 1, 2010 (the "Refunded Bonds") on May 15, 2009 (the "Prior Bonds Call Date"), is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and March 9, 2009 6 PacketPageNumber City Council Meeting Minutes 13of220 D. WHEREAS, the City Council has also heretofore determined and declared that it is necessary and expedient to finance various improvement projects (the "Improvements"); pursuant to Minnesota Statutes, Chapter 429, and the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost and area to be assessed; and E. WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to issue $4,765,000 General Obligation Improvement and Refunding Bonds, Series 2009A, pursuant to Minnesota Statutes, Chapter 475 and 429, to provide moneys for a current refunding of the Refunded Bonds and to finance the Improvements; and F. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of ________________________________ (the "Purchaser"), to purchase $4,765,000 General Obligation Improvement and Refunding Bonds, Series 2009A of the City (the "Bonds" or the "Refunding Bonds", or individually a "Bond"), in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefore the sum of $___________, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to said proposal maker. The City Clerk is directed to retain the deposit of said proposal maker and to forthwith return to the unsuccessful proposal makers their good faith checks and drafts. 2. Bond Terms. (a) Title; Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be titled "General Obligation Improvement and Refunding Bonds, Series 2009A", shall be dated April 1, 2009, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds shall mature on February 1, in the years and amounts as follows: YearAmount 2010$ 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 March 9, 2009 7 PacketPageNumber City Council Meeting Minutes 14of220 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Allocation. The aggregate principal amount of $_________ maturing in each of the years and amounts hereinafter set forth are issued to refund the Prior Bonds (the "Refunding Portion"). The aggregate principal amount of $_____________ maturing in each of the years and amounts hereinafter set forth are issued to finance the Improvements (the "Improvement Portion"): Refunding Improvement PortionPortionTotal Year (Amount)(Amount)Amount 2010$ 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment moneys is the general fund of the City, or other generally available source, the prepayment may be allocated to any portions of debt service in such amounts as the City shall determine. If the source of the prepayment is special assessments levied and collected for the Refunding Portion, the prepayment shall be allocated to the Refunding Portion of debt service. If the source of the prepayment is special assessments levied and collected for the Improvements, the prepayment shall be allocated to the Improvement Portion of debt service. (c) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be March 9, 2009 8 PacketPageNumber City Council Meeting Minutes 15of220 deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee (v) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vi) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be affected by March 9, 2009 9 PacketPageNumber City Council Meeting Minutes 16of220 procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (vii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (viii) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (ix) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (d) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. (e) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Refunding Portion of the Bonds shall provide funds to refund the Refunded Bonds (the "Refunding") and the Improvement Portion of the Bonds shall provide funds to finance the Improvements. It is hereby found and determined that the Refunding is pursuant to Minnesota Statutes, Section 475.67 and shall result in a reduction of debt service cost to the City. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is March 9, 2009 10 PacketPageNumber City Council Meeting Minutes 17of220 estimated to be at least equal to the amount of the Bonds. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2010, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity YearInterest Rate 2010 % 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 5. Redemption. All Bonds maturing on February 1, 2020 and thereafter shall be subject to redemption and prepayment at the option of the City on February 1, 2019, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as March 9, 2009 11 PacketPageNumber City Council Meeting Minutes 18of220 requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R-_________ $_________ GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BOND, SERIES 2009A INTERESTMATURITYDATE OF RATE DATEORIGINAL ISSUECUSIP FEBRUARY 1, 20__ APRIL 1, 2009 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT:__________________________________________ DOLLARS The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2010, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are March 9, 2009 12 PacketPageNumber City Council Meeting Minutes 19of220 defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2020, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2019, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds. Selection of Bonds for Redemption; Partial Redemption. To affect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $4,765,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, and denomination, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on March 9, 2009, (the "Resolution"), for the purpose of providing funds for a current refunding of the Issuer's General Obligation Improvement Bonds, Series 2001B, dated October 1, 2001, which mature on and after February 1, 2010, and to finance various improvement projects within the jurisdiction of the Issuer. This Bond is payable out of the Debt Service Account of the Issuer's General Obligation Improvement and Refunding Bonds, Series 2009A Fund. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in the denominations of $5,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered Bonds of other authorized denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, March 9, 2009 13 PacketPageNumber City Council Meeting Minutes 20of220 one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax- exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Clerk. Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION BOND REGISTRAR?S CERTIFICATE OF Payable at: U.S. BANK NATIONAL AUTHENTICATION ASSOCIATION This Bond is one of the Bonds described in the Resolution mentioned within. CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota /s/ Facsimile Bond Registrar Mayor By Authorized Signature /s/ Facsimile Clerk ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common March 9, 2009 14 PacketPageNumber City Council Meeting Minutes 21of220 UTMA - _____________ as custodian for _____________ (Cust) (Minor) under the _____________________ Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ___________________________________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________ the within Bond and does hereby irrevocably constitute and appoint ________ attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated:__________ _____________________________________________________ Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: ___________________________ Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not affect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: ________________________________________ ________________________________________ ________________________________________ (Include information for all joint owners if the Bond is held by joint account.) March 9, 2009 15 PacketPageNumber City Council Meeting Minutes 22of220 8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of an officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. The temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefore and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and, by inserting as the date of registration in the space provided, the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is April 1, 2009. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. March 9, 2009 16 PacketPageNumber City Council Meeting Minutes 23of220 The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance and Administration Manager to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to the Purchaser and holders from time to time of the Bonds, there is hereby created a special fund to be designated the "General Obligation Improvement and Refunding Bonds, Series 2009A Fund" (the "Fund") to be administered and maintained by the Finance and Administration Manager as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds herein authorized and the interest thereon shall have been fully paid. In such records there shall be established accounts or accounts shall continue or be maintained as the case may be, of the Fund for the purposes and in the amounts as follows: (a) Payment Account. The proceeds of the Refunding Portion of the Bonds shall be deposited in the Payment Account. On or prior to the Prior Bonds Call Date, the Finance and Administration Manager shall transfer from the Payment Account to the paying agent for the Prior Bonds, $____________ of the Refunding Portion of the Bonds. The foregoing sums are sufficient, together with other funds on deposit in the debt service account for the Refunded Bonds, to pay the principal and interest due on the Refunded Bonds on and after the Prior Bonds Call Date, including the principal of the Refunded Bonds called for redemption. (b) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Improvement Portion of the Bonds, less accrued interest received thereon, less capitalized interest, and less any amount paid in excess of the minimum bid, plus any special assessments levied with respect to the Improvements and collected prior to completion of the March 9, 2009 17 PacketPageNumber City Council Meeting Minutes 24of220 Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of the Improvements and all costs and expenses of the Improvements, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Improvement Portion of the Bonds may also be used to the extent necessary to pay interest on the Improvement Portion of the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) shall be transferred to the Debt Service Account or may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (c) Debt Service Account. To the Debt Service Account there shall be credited: (A) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Improvement Portion of the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (B) any uncollected special assessments which were heretofore pledged for the payment of the Refunded Bonds and are herein pledged to the payment of the Refunding Portion of the Bonds; (C) all accrued interest received upon delivery of the Bonds; (D) capitalized interest in the amount of $_____________; (E) any collections of all taxes herein or hereinafter levied for the payment of the Bonds and interest thereon; (F) any funds remaining on deposit in the Debt Service Account established for the Prior Bonds; (G) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof; (H) all investment earnings on funds held in the Debt Service Account; and (I) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said Account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Covenants Relating to the Refunding Portion of the Bonds. (a) Special Assessments. Pursuant to the Prior Resolution, the City has heretofore levied special assessments which are pledged to the payment of the principal and interest on the Prior Bonds. All uncollected special assessments are now pledged to the payment of principal of and interest on the Refunding Portion of the Bonds. The special assessments are such that if collected in full they, together March 9, 2009 18 PacketPageNumber City Council Meeting Minutes 25of220 with estimated collections of other revenues herein pledged for the payment of the Refunding Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Refunding Portion of the Bonds. The balance of the special assessments shall be payable in equal, consecutive, annual installments with general taxes for the years shown below and with interest on the declining balance of all such installments as follows: Improvement DesignationUncollected AmountCollection Years 2001 Improvements (b) Cancellation of Certain Tax Levies. Pursuant to the Prior Resolution, the City has heretofore levied taxes which are pledged to the payment of the principal and interest on the Prior Bonds. Upon payment of the Refunded Bonds the taxes levied by the Prior Resolution in the years 20__ through 20__ for collection in the years 20__ through 20__ shall be canceled. 17. Covenants Relating to the Improvement Portion of the Bonds. (a) Assessments. It is hereby determined that no less than twenty percent of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any special assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. It is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than the rates per annum shown opposite their collection years specified below: Improvement Collection DesignationAmountLevy YearYearsRate At the time the assessments are in fact levied the City Council shall, based on the then-current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 18. Covenants Relating to the Bonds. (a) Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: March 9, 2009 19 PacketPageNumber City Council Meeting Minutes 26of220 Year of Tax LevyYear of Tax CollectionAmount See Attached The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 19. Prior Bonds; Security. Until retirement of the Prior Bonds, all provisions theretofore made for the security thereof shall be observed by the City and all of its officers and agents. 20. Notice of Call for Redemption. The Clerk is hereby authorized and directed to cause mailed notice of redemption to be given to the paying agent for the Prior Bonds and to all registered holders of the Refunded Bonds. The notice of redemption shall be in substantially the form attached hereto as Exhibit A. 21. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, through and including June 30, 2009, and thereafter to the Electronic Municipal Market Access system at www.emma.msrb.org ("Emma"), in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, (i) through and including June 30, 2009 to each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and any SID, and (ii) thereafter to EMMA, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, (i) through and including June 30, 2009 to each NRMSIR or to the MSRB and any SID, and (ii) thereafter to EMMA, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk, or any other officer of the City authorized to act in their place are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Council President and Administrator. March 9, 2009 20 PacketPageNumber City Council Meeting Minutes 27of220 22. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 23. Redemption of Prior Bonds. The Prior Bonds which mature on and after February 1, 2010, shall be redeemed and prepaid on May 15, 2009, in accordance with the terms and conditions set forth in the Notices of Call for Redemption attached hereto as Exhibit A, which terms and conditions are hereby approved and incorporated herein by reference. 24. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as the County Auditor shall require, and to obtain the County Auditor's Certificate that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by law has been made. 25. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 26. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the improvements financed by the Prior Bonds (the "Project"), or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 27. Tax-Exempt Status of the Bonds; Rebate ? Refunding Portion of the Bonds and Improvement Portion of the Bonds. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment earnings to the United States. With respect to the Improvement portion of the Bonds, the City expects to satisfy the 24-month expenditure exemption for gross proceeds of the Improvement Portion of the Bonds as provided in Section 1.148-7(d)(1) of the Regulations. With respect to the Refunding Portion of the Bonds, the City will meet the 6-month expenditure exemption for gross proceeds of the Refunding Portion of the Bonds as provided in Section 1.148-7(d)(1) of the Regulations. The Mayor and or Clerk are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 28. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; March 9, 2009 21 PacketPageNumber City Council Meeting Minutes 28of220 (c) the City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2009 will not exceed $30,000,000; (e) not more than $30,000,000 of obligations issued by the City during this calendar year 2009 have been designated for purposes of Section 265(b)(3) of the Code; (f) the aggregate face amount of the Bonds does not exceed $30,000,000; Furthermore, the Refunding Portion of the Bonds is deemed designated as a ?qualified tax exempt obligation? within the meaning of Section 265(b)(3) of the Code to the extent it does not exceed the outstanding principal balance of the Refunded Bonds because: (g) each of the Refunded Bonds was designated as a "qualified tax exempt obligation" for purposes of Section 265(b)(3) of the Code; (h) the aggregate face amount of the Bonds does not exceed $10,000,000; (i) the average maturity of the Bonds does not exceed the remaining average maturity of the Refunded Bonds; (j) no part of the Bonds has a maturity date which is later than the date which is thirty years after the date the Refunded Bonds were issued; (k) the Refunding Portion of the Bonds is issued to refund, and not to "advance refund" the Prior Bonds within the meaning of Section 149(d)(5) of the Code and shall not be taken into account under the $10,000,000 issuance limit to the extent the Refunding Portion of the Bonds do not exceed the outstanding amount of the Prior Bonds. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 29. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 30. Supplemental Resolution. The Prior Resolution authorizing the issuance of the Prior Bonds is hereby supplemented to the extent necessary to give effect to the provisions hereof. March 9, 2009 22 PacketPageNumber City Council Meeting Minutes 29of220 31. Severability. If any section, paragraph or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Resolution. 32. Headings. Headings in this Resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Juenemann and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: All and the following voted against the same: None Whereupon the Resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to providing for the issuance and sale of $4,765,000 General Obligation Improvement and Refunding Bonds, Series 2009A. WITNESS my hand this 9th day of March, 2009. ________________________________ Clerk EXHIBIT A NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001B CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Maplewood, Ramsey County, Minnesota, there have been called for redemption and prepayment on May 15, 2009 those outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 2001B, dated as of October 1, 2001, having stated maturity dates in the years 2010 through 2017, inclusive, and totaling $1,640,000 in principal amount. The bonds are being called at a price of par plus accrued interest to May 15, 2009, on which date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at U.S. Bank National Association. (successor to Norwest Bank Minnesota, National Association), Attention: Paying Agent Services, 180 East Fifth Street, St. Paul, Minnesota 55101. March 9, 2009 23 PacketPageNumber City Council Meeting Minutes 30of220 Dated: March 9, 2009 BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile City Clerk Important Notice: Under the Interest and Dividend Compliance Act of 1983 31% will be withheld if tax identification number is not properly certified. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. L. NEW BUSINESS 1. Approval of Off-Sale Intoxicating Liquor License ? Kevin M. Branstad, Cub Discount Liquor. a. City Clerk, Director Citizens Service, Karen Guilfoile gave the report. i. Kevin M. Branstad, Cub Discount, 100 County Road B West, Maplewood addressed and answered questions of the council. Councilmember Hjelle moved to approve the Off-Sale Intoxicating Liquor License for Kevin M. Branstad, Cub Discount Liquor at 100 County Road B West, Maplewood. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. 2. Discussion and Approval of Penalties for 2008 Alcohol Compliance Check Failures a. City Clerk, Director Citizen Services, Karen Guilfoile gave the report and answered questions of the council. b. City Attorney, Alan Kantrud answered questions of the council. c. Maplewood Police Chief, Dave Thomalla answered questions of the council. Bambu Restaurant Owner, Dinh (Yin) Thong, addressed and answered questions of the council. Councilmember Hjelle moved to approve a $400 penalty for the 2008 Alcohol Compliance Check Bambu Restaurant Failure for . Seconded by Councilmember Juenemann. After a lengthy discussion among the council and with Ms. Thong, the owner of Bambu Restaurant, the motion was amended. $250 Councilmember Hjelle moved to amend the penalty from $400 to for the 2008 Alcohol Bambu Restaurantwith the option to work a payment plan Compliance check Failure with out with the city manager and city clerk. Furthermore, alcohol compliance training shall be conducted with the Maplewood Police Department and the training must be ongoing with current and new employees at Bambu Restaurant. March 9, 2009 24 PacketPageNumber City Council Meeting Minutes 31of220 Seconded by Councilmember Juenemann. Ayes - All The motion passed. Champp?s Restaurant, General Manager, Richard Milton Authier, addressed and answered questions of the council. $500 Councilmember Hjelle moved to approve a penalty for the 2008 Alcohol Compliance Check Champp?s Restaurant Failure for . Seconded by Councilmember Juenemann. Councilmember Hjelle moved to amend the penalty for the 2008 Alcohol Compliance Check $400 and to require Champps Restaurant to Failure for Champp?s Restaurant from $500 to bring in an outside trainer to conduct alcohol compliance training . Seconded by Councilmember Nephew. Ayes ? Mayor Longrie, Councilmember Hjelle & Nephew Nays ? Councilmember Juenemann & Rossbach The motion passed. to provide proof to the City Councilmember Rossbach moved to require Champp?s Restaurant that an outside trainer came in to train the employees of Champp?s Restaurant. Seconded by Mayor Longrie. Ayes ? All The motion passed. $500 Councilmember Hjelle moved to approve a penalty for the 2008 Alcohol Compliance Check Heritage Liquor Failure for . Seconded by Councilmember Nephew. Ayes ? Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay ? Mayor Longrie The motion passed. March 9, 2009 25 PacketPageNumber City Council Meeting Minutes 32of220 $1,000 Councilmember Nephew moved to approve a penalty for the 2008 Alcohol Compliance Huey?s Saloon Check Failure for . Seconded by Councilmember Rossbach. Ayes ? Mayor Longrie, Councilmembers Nephew & Rossbach Nay ? Councilmembers Hjelle, & Juenemann The motion passed. moved to approve imposing a $5,000 fine to Huey?s Saloon if Councilmember Rossbach another alcohol violation occurs within two years of March 9, 2009, and proof of outside Alcohol Compliance training must be provided to the City of Maplewood. Seconded by Councilmember Hjelle. Ayes ? Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay ? Mayor Longrie The motion passed. M. CONSENT AGENDA 1. Councilmember Hjelle moved to approve items 1 & 2. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 2. Councilmember Nephew moved to approve item 3. Seconded by Mayor Longrie. Ayes ? All The motion passed. 3. Councilmember Rossbach moved to approve item 4. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 4. Councilmember Juenemann moved to approve item 5. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 5. Councilmember Hjelle moved to approve item 6. March 9, 2009 26 PacketPageNumber City Council Meeting Minutes 33of220 Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 1. Approval of Claims. Councilmember Hjelle moved Approval of Claims. ACCOUNTS PAYABLE: $ 282,985.18 Checks # 77734 thru # 77790 Dated 02/20/09 thru 02/24/09 $ 132,614.64 Disbursements via debits to checking account Dated 02/13/09 thru 02/20/09 $ 208,407.76 Checks # 77791 thru # 77844 Dated 02/24/09 thru 03/03/09 $ 375,541.62 Disbursements via debits to checking account dated 02/20/09 thru 02/27/09 __________________ $ 999,549.20 Total Accounts Payable PAYROLL $ 487,860.81 Payroll Checks and Direct Deposits dated 02/20/09 $ 3,511.99 Payroll Deduction check #1006873 thru #1006874 dated 02/20/09 ___________________ $ 491,372.80 Total Payroll GRAND TOTAL $ 1,490,922.00 Seconded by Councilmember Nephew. Ayes ? All The motion passed. 2. CarMax/Mogren Addition, Northeast Corner of Highway 61 and Beam Avenue: Annual Conditional Use Permit Review Councilmember Hjelle moved to approve the CarMax/Mogren Addition planned unit development and to be reviewed again in one year. Seconded by Councilmember Nephew. Ayes ? All The motion passed. March 9, 2009 27 PacketPageNumber City Council Meeting Minutes 34of220 3. Community Design Review Board 2008 Annual Report Councilmember Nephew moved to approve the Community Design Review Board 2008 Annual Report. Seconded by Mayor Longrie. Ayes ? All The motion passed. 4. Carry Over of 2008 Appropriations to 2009 Councilmember Rossbach moved to approve the Carry Over of the 2008 Appropriations to 2009 in the amount of $82,809. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 5. Approve Entering Into Contract for Residential Sanitary Sewer Cleaning and Televising For 2009 Capital Improvement Projects Councilmember Juenemann moved to approve entering into a contract for services with Weld & Sons Plumbing for residential sanitary sewer cleaning at $100/hour and televising at $135/hour and additional length/time at $100/hour no add. LF charges for the 2009 Capital Improvement Projects. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 6. Approve Contracts For Purchasing Of Truck Body Equipment For Single-Axle Dump Truck Councilmember Hjelle moved to approve entering into the following contracts for the State Contract 440595 with Aspen Equipment for the purchase of dump body and sander for $53,669.00 and State Contract 440607 with Towmaster Truck Equipment, Inc. for the purchase of snow plow, wing and underbody scraper for $33,105.52. Seconded by Councilmember Juenemann. Ayes ? Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay ? Mayor Longrie The motion passed. N. AWARD OF BIDS 1. Council Consider Approval of Bid for Land Cover Classification a. Open Space Naturalist, Ginny Gaynor gave the report and answered questions of the council. March 9, 2009 28 PacketPageNumber City Council Meeting Minutes 35of220 Councilmember Hjelle moved to approve the Bid from Emmons & Olivier Resources, Inc. for $15,976 to conduct land cover classification of Maplewood. Further recommending that up to $10,976 of this be funded from CIP Project #PM08.060 (open space improvement), and the remaining $5,000 be funded by the Community Conservation Assistance Grant. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. H. COUNCIL PRESENTATIONS (moved to the end of the meeting) 1. Employment Contracts ? Mayor Longrie (Mayor Longrie said this item had been resolved) 2.Fish Creek ? Councilmember Nephew Councilmember Nephew spoke regarding Fish Creek and mentioned he would like to direct staff to provide a report to the council regarding the status of the CoPar property. Councilmember Nephew inquired how the council felt regarding acquiring land for conservation in the Fish Creek area which is allowed by the settlement agreement with CoPar in 2008. 3.Code Enforcement Nuisance Ordinance ? Mayor Longrie Mayor Longrie said a citizen contacted her several times regarding a neighbor who has had code enforcement issues and has been harassing neighbors. This resident does not have the money to file a harassment restraining order for this particular neighbor. Mayor Longrie asked the City Attorney if there is an ordinance where this nuisance neighbor could be sited with a violation ordinance. Mayor Longrie asked if a nuisance neighbor with a high frequency of police calls to a particular address can then be charged for those excessive amount of police calls for city services used in order to address this nuisance behavior rather than through a restraining order. This particular resident is not the only person in the neighborhood that feels they are harassed or violated its many neighbors. (City Attorney, Kantrud said he would recommend that the neighbor or neighbors contact him directly. It would be difficult to prosecute a case that the basis for the public nuisance was service calls to that resident. There is an Excessive Consumption of Services Ordinance that might be a better to use.) 4.311 ? Mayor Longrie Mayor Longrie discussed an article regarding 311. She also mentioned doing research regarding a new phone system in the future budget. 5.Website ? City Council Page ? Mayor Longrie Mayor Longrie discussed the city website where it states councilmember?s are elected at large with three year overlapping terms. The website needs to be corrected to read four-year staggered terms. It also says council objectives and describes what the council does rather than what the council objectives are. 6.Announcement of Appointment to First Tier Suburbs Council for National League of Cities ? Mayor Longrie said she was appointed to the First Tier Suburbs Council for National League of Cities and 2 weeks or so later she was appointed to the Energy and Environmental Resource Policy and Advocacy Committee. Information was provided in the city council packet. Councilmember Nephew moved to Suspend the Rules for Consideration to allow a vote on whether or not to make budget adjustments to allow for the Mayors trip to the National League of Cities. Seconded by Councilmember Rossbach. Ayes ? Mayor Longrie, Councilmembers Nephew & Rossbach March 9, 2009 29 PacketPageNumber City Council Meeting Minutes 36of220 Nays ? Councilmembers Hjelle, Juenemann The motion passed Councilmember Rossbach moved to direct staff to make financial arrangements so that the Mayor can represent the council in Washington at the League of Cities Conference in March 2009. Seconded by Councilmember Nephew. Ayes ? Mayor Longrie, Councilmembers Nephew & Rossbach Nays ? Councilmembers Hjelle, & Juenemann The motion passed. 7. Website Corrections - Mayor Longrie (saved for a later date) 8.Basics of Planning and Zoning ? Mayor Longrie (Mayor Longrie passed information on to the council regarding planning and zoning) 9.GIS ? Mayor Longrie (Mayor Longrie discussed GIS systems) 10.Alarm Permits ? Councilmember Nephew (Councilmember Nephew discussed Home Alarm Permits and the fee that is charged. If you have a permit for the alarm the first two false alarms in 6 months time are free. Councilmember Nephew discussed some alternative ways of charging customers a different fee structure.) 11.Commissions ? Councilmember Nephew (Councilmember Nephew suggested that the council follow up in the future with a council workshop to discuss Commissions and Boards. New City Manager Antonen will follow up with that. 12.Citizen Forum Update - Mayor Longrie (If you saw in the City Newsletter that the Citizens Forum it was printed as March 14, 2009, it should have been March 7, 2009. It?s always scheduled for the first Saturday of the month.) O. VISITOR PRESENTATIONS ? PART II None. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:55 p.m. March 9, 2009 30 PacketPageNumber City Council Meeting Minutes 37of220 Agenda Item J1 AGENDAREPORT TO: James Antonen, City Manager FROM: Michael Thompson, Assistant City Engineer SUBJECT: Mn/DOT I-494 Expansion, Project 09-02, Public Hearing and Resolution Approving Final Layout (Municipal Consent) DATE: March 11, 2009 INTRODUCTION The council will conduct a public hearing on March 23, 2009 at 7:00 PM for the I-494 Mn/DOT Expansion project. This is a Mn/DOT project and is 100% state funded but still requires municipal consent. The notice of hearing was published in the local news 30 days prior to the hearing. In addition, notice was given at the February 23rd council meeting, when the council ordered the public hearing. BACKGROUND The city needs to hold a public hearing for this project according to Minnesota Statute Section 161.164. The proposed work scope for I-494 mainly involves a roadway overlay and defining a third lane in both directions from south of Lake Road north to I-94. Only a small portion of I-494 proposed for improvement is within the City of Maplewood. The majority of impacts are within Woodbury corporate limits in Washington County. Improvements are likely to start in May 2009 with substantial completion in July 2010. Preliminary cost estimates put the work at $40 million. A 10? concrete overlay will be placed over the old roadway on I-494 from I-94 in Woodbury extending south into the City of Maplewood near Century Avenue. The new pavement section is projected to last 30-40 years according to Mn/DOT. The pavement along I-494 and I-694 at the I-94 interchange in Woodbury will be overlaid with asphalt. The right and left shoulders will also be repaved in these locations. Auxiliary lanes have been built over the years between the interchanges at Lake Road, Valley Creek Road, Tamarack Road, and I-94, providing a lane configuration that has three lanes in some areas and only two in others. The proposed improvements will construct a continuous three lane roadway in each direction along I-494 from I-94 to south of Lake Road. South of Lake Road the lanes will connect to the three lanes that were built as part of the Wakota Project. The southbound I-494 Bridge over Century Avenue will be widened on the median side to accommodate the additional third lane. A noise study was completed for this project and can be found in the EAW document. A noise wall is warranted in the southeast quadrant of the I-494/Lake Road interchange in Woodbury, extending into Maplewood south of the Century Avenue Bridge. Additional lighting will be provided along I-494 north of Valley Creek Road. Median barrier (concrete or cable) will be provided to eliminate cross median crashes. Guardrail, signing, drainage and other roadway items will also be upgraded. Construction will begin in late May 2009, substantial project completion (lanes open to traffic) will occur PacketPageNumber 38of220 Agenda Item J1 in July 2010. Project completion will be in fall 2010. 2009 construction work will primarily involve work in the I-494 median area, widening the Century Avenue Bridge, drainage improvements, and constructing the noise wall. 2010 construction work will primarily involve placing the new concrete pavement and shoulders. I-494 will remain open during this project, two lanes in each direction will be provided at most times although some short-term lane restrictions will be needed. There will be intermittent ramp closings during the project. Additional information about this project can be found at: http://www.dot.state.mn.us/metro/projects/i494and94/ BUDGET The project is 100% State funded so there is no cost to the city for the improvements. RECOMMENDATION It is recommended that the city council adopt the resolution for layout approval after conducting the public hearing in order to provide municipal consent for the I-494 Expansion Project, State Project 8285-93: assoc 8285-94 (Maplewood City Project 09-02). Attachment: 1. Resolution 2. Location Map PacketPageNumber 39of220 Agenda Item J1 Attachment 1 RESOLUTION NO. _____ RESOLUTION FOR LAYOUT APPROVAL rd At a Meeting of the City Council of the City of Maplewood, held on the 23 day of March 2009, the following Resolution was offered by ____________________and seconded by ________________ to wit: WHEREAS, the Commissioner of Transportation has prepared a final layout for improvements to I-494 within the City of Maplewood between 0.5 miles south of Century Avenue and Century Avenue; and seeks approval thereof; and WHEREAS, said final layout is on file in the Minnesota Department of Transportation office, Waters Edge, Roseville, Minnesota, being marked, labeled and identified as Layout No. 1 (Parts 1 and 2) S.P. 8285-93 & S.P. 8286-70. Along I-494 from 0.9 miles south of Lake Road (R.P. 61.64) to 0.4 miles north of I-94 (R.P. 57.70); and WHEREAS, The project adds capacity to I-494 by providing a continuous third lane in each direction south of I-94 in said final layouts. NOW, THEREFORE, BE IT RESOLVED that said final layout for the improvements of said Trunk Highway within the corporate limits be and is hereby approved?. Upon the call of the roll the following Council Members voted in favor of the Resolution: The following Council Members voted against its adoption: _____________________________________________________________________________ ATTEST: Mayor _________________________________ Dated ________________, 200________ STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I do hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of ___________________________, Minnesota at a duly authorized meeting thereof held on the ______ day of _________________, 200_____, as shown by the minutes of said meeting in my possession. (SEAL) ________________________________ City Clerk PacketPageNumber 40of220 Agenda Item J1 Attachment 2 -4EZIQIRX3ZIVPE]ERHVH0ERI%HHMXMSR)RZMVSRQIRXEP%WWIWWQIRX;SVOWLIIX *MKYVI0SGEXMSR1ET 4EKIM PacketPageNumber 41of220 Agenda Item K1 MEMORANDUM TO:James Antonen, City Manager FROM:Michael Martin, AICP, Planner Xcel Energy Substation Facility ? Conditional Use Permit Review SUBJECT: DATE:March 16, 2009 INTRODUCTION The conditional use permit (CUP) for the Xcel Energy Substation Facility is due for its annual review. The CUP allows Xcel Energy to operate and expand the electrical substation and related electrical system operations on the existing 28-acre site. In addition, the CUP allows Xcel Energy to operate its wood chip and brush transfer operation on the property. BACKGROUND February 3, 1972: The city council approved a special use permit (now known as a conditional use permit) for NSP (now Xcel Energy) to construct an electric substation for the site on County Road D. March 10, 2008: The city council approved a conditional use permit for Xcel Energy to have and expand the electrical substation and related electrical system operations and a wood chipping and transfer operation on the property at 1480 County Road D. DISCUSSION City code requires that the city council review CUPs annually to check on project status. Staff contacted Chris Rogers of Xcel Energy for an update of the project status. Mr. Rogers stated that civil construction of the substation is expected to be completed by April 2, 2009. Staff visited the site to check on the status of 10 Austrian Pines that were to be planted on the southeast portion of the site. Xcel Energy had informed the city that the trees were planted in October 2008 ? staff has confirmed the planting of the trees. However, staff noticed a browning on the sides of the trees facing south. This could be a result of a winter burn but Mr. Rogers has stated to city staff that Xcel will be checking on the trees to ensure that they are alive and healthy. Mr. Rogers also stated that if any of the trees die or are not healthy that they will be replaced. The conditions of the CUP require that Xcel Energy prepare an annual report and submit it to the city about the wood chipping and chip removal activities on their site. Mr. Rogers submitted this information which was prepared by Xcel Energy?s Vegetation Management department to city staff on January 5, 2009. The information details the totals of brush and wood that were dumped in the Kohlman transfer site in 2008 and also the two times material was ground and hauled away. PacketPageNumber 42of220 The following information is what Xcel Energy submitted to the city for its required annual report. Asplundh Tree totals for 2008 11,770 yards Wright Tree totals for 2008 7,880 yards Combined total for 2008 19,650 yards The site was ground and cleaned up in October and late December 2008 Staff recommends reviewing this CUP again in one year in order to report on the wood chipping and chip removal activities on their site, follow up on the completion of the electrical substation and to ensure the maintenance of the 10 required trees on the southeast portion of the site. RECOMMENDATION Review the conditional use permit for Xcel Energy?s electrical substation and related electrical system operations and a wood chipping and transfer operation on their property in one year. p:sec 3/Xcel Substation ? CUPRev0309 Attachments: 1. Location Map 2. Site Plan 3. Planting Plan 2 PacketPageNumber 43of220 Attachment 4 %XXEGLQIRX ??? 694 SITE ? ? 61 9 : 19 Location Map 1480 County Road D East 11 PacketPageNumber Xcel Substation 44of220 page #2 %XXEGLQIRX PacketPageNumber 45of220 %XXEGLQIRX PacketPageNumber 46of220 Agenda Item K2 MEMORANDUM TO: City Manager FROM:Tom Ekstrand, Senior Planner Conditional Use Permit Review ? Comfort Bus SUBJECT: LOCATION:1870 Rice Street North DATE: March 13, 2009 INTRODUCTION The conditional use permit (CUP) for the bus maintenance/repair garage for Comfort Bus Company at 1870 Rice Street North is due for review. BACKGROUND January 22, 2001: The city council approved the CUP for the Comfort Bus repair garage. The CUP was subject to the following conditions: 1. All construction shall follow the site plan approved by the city. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall comply with the Minnesota Pollution Control Agency requirements as they relate to all applicable aspects of this vehicle repair operation. August 14, 2001: The community design review board (CDRB) approved plans for Comfort Bus. February 11, 2002, February 24, 2003, February 9, 2004 and February 14, 2005: The city council reviewed this permit and moved to review it again in one year. April 10, 2006: The council reviewed this permit and added the condition that ?traffic on Roselawn Avenue and Jackson Street should be limited to a total of 162 busses per day and that staff should continue to monitor traffic and pollution on Roselawn Avenue.? July 23, 2007: The council reviewed this permit again and required review again in four months to check on the progress of site landscaping. November 26, 2007: The council reviewed this permit and required review again in one year. PacketPageNumber 47of220 DISCUSSION Project/CUP Status At the time of the last review, the only remaining work to be completed was the landscaping on northerly part of the site. The applicant has since completed that work. Staff recommends that the council review this permit again only if the applicant proposed an expansion or changes to their facility or if a problem arises. Traffic along Roselawn Avenue In 2005, the city began receiving calls from some residents along Roselawn Avenue with concerns about the amount of bus traffic on their street. The city had a traffic analysis performed by our consultant traffic engineer and a report was presented to the city council in December 2005. The city staff subsequently held a neighborhood meeting at the St. Paul Regional Water Services building. The result was that Comfort Bus agreed to work with the city and residents to reroute much of the bus traffic from Roselawn Avenue. The city has continually monitored this matter. Refer to the attached traffic analysis from Tom Sohrweide of SEH, Inc. and to the traffic counts from the city?s engineering department. The traffic has lessened and seems to be within tolerable levels since we haven?t received any recent complaints. Also, the bus trips shown on Mr. Sohrweide?s memo and the city?s traffic- count memo are below the limit set by the council on April 10, 2006. Staff will continue to monitor the traffic along Roselawn Avenue. RECOMMENDATION Review the conditional use permit for the bus maintenance and repair garage for Comfort Bus Company at 1870 Rice Street again only if the applicant proposed an expansion or changes to their facility or if a problem arises. p:sec18\comfort bus 2009 cup 3 09 te Attachments: 1. Location/Zoning Map 2. Site Plan 3. Traffic Analysis by Tom Sohrweide of SEH, Inc. dated January 14, 2008 4. Traffic Counts by the City?s Engineering Staff from September, 2008 2 PacketPageNumber 48of220 PacketPageNumber 49of220 PacketPageNumber 50of220 Attachment 3 PacketPageNumber 51of220 Attachment 4 PacketPageNumber 52of220 Agenda Item K3 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Director Community Development and Parks Ginny Gaynor, Maplewood Natural Resources Coordinator SUBJECT: Council Consider Approval for Minnesota Land Trust to Complete Drafting Conservation Easement for Priory Preserve DATE: March 13, 2009 INTRODUCTION In 2007 the City of Maplewood asked the Minnesota Land Trust (MLT) for assistance exploring the use of conservation easements as a land protection option for the City?s Neighborhood Preserves. On March 2, 2009, Minnesota Land Trust presented an update to council and recommended that the city pursue a conservation easement for Priory Neighborhood Preserve. DISCUSSION The initial proposal from the Land Trust recommended exploring conservation easements on five ?Tier 1? sites. After some additional research and discussion, the focus was narrowed to just two preserves, Jim?s Prairie and Priory Preserve. Easement terms were drafted and presented to the Parks Commission in 2008. After discussions with the Parks Commission, MLT recommended that we complete the conservation easement for Priory Preserve but that we not pursue a conservation easement for Jim?s Prairie. On March 2, 2009, MLT presented the terms of the easement to council (Attachment 1) and answered questions. The next steps in the process are to conduct the title work and draft the easement. Maplewood paid MLT $2962 for the preliminary work completed on conservation easements in 2007. MLT has submitted a new proposal for completion of an easement for just the Priory Preserve: $6,000 initial work (includes all services provided in 2008 and 2009), and $15,000 stewardship/enforcement fee. The stewardship/enforcement fee is a one-time fee that covers monitoring the easement into perpetuity. RECOMMENDATION Staff recommends that we proceed with a conservation easement for the Priory Preserve to include title work and drafting the conservation easement. Furthermore, staff recommends that the $21,000 fee for this project be paid from CIP Project #PM08.060 (open space improvements). Attachments: 1. Terms of Easement PacketPageNumber 53of220 Attachment 1 1MRRIWSXE0ERH8VYWX Proposed Rights and Restrictions for a Conservation Easement The Priory City of Maplewood 0ERH9WI6IWXVMGXMSRW 6MKLXW(IXEMP Industrial or commercial use Prohibited. Agricultural use Prohibited? this includes cultivation, forestry, livestock grazing or animal husbandry. Does not include harvest of native seed. Residential use and development Prohibited. Structures and improvements Prohibited except for: 1) minor rustic structures and 2) interpretive center of limited size (no more than 4000 square feet in footprint) and location. Utilities Utilities areallowedto serve those activities permitted by the easement but otherwise limited. Division of the property Limited to no more than two parcels. Development Rights Transfer of development rights to another property is prohibited. Rights of way Access across the property to develop adjacent land is prohibited. Mining Prohibited. SignsSmall, unlighted signs for informational or interpretive purposes is allowed. A sign designating the name of the park also is allowed. Roads and trails Roads are prohibited except as necessary for park maintenance and/or management. Trails are allowed, including footbridges and boardwalks. Surface alteration Alteration of the natural topography or surface of the land is limited. Vegetation and habitat Management of natural vegetation to improve its management habitat values is allowed, subject to an approved management plan. WaterAlteration of natural water bodies and wetlands, or actions detrimental to water quality are prohibited. Dumping Dumping or accumulation of trash or other unsightly material is prohibited. VehiclesProhibited except in conjunction with otherwise authorized activities (i.e. habitat restoration or management). Recreational and educational use Recreational and educational purposes that do not impact the conservation values of the land are allowed. This includes an interpretive center. Minnesota Land Trust Updated 11/18/08 PacketPageNumber 54of220 Agenda Item L1 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner Rezoning Request?R-1R, Rural Single-Dwelling Residence District, to SUBJECT: R-1S, Small Lot Single-Dwelling District PROJECT: Saint Clair Hills LOCATION: Carver Avenue, east of 2510 Carver Avenue DATE: March 16, 2009 INTRODUCTION Project Description Mr. Jamie Jensen of Tyrus Land Company is requesting city approval of a zoning map change. His plan is to eventually subdivide a 5.22 acre tract to create 16 single-dwelling lots. At this time, though, he is first requesting approval of a rezoning from R-1R, Rural Conservation Dwelling District to R-1S, Small Lot Single-Dwelling District. The subject property is located on the south side of Carver Avenue east of 2510 Carver Avenue. Refer to the attachments. Request As stated, Mr. Jensen is requesting approval of a rezoning from R-1R to R-1S. The proposed R- 1S zoning district would allow lots with a minimum size of 7,500 square feet of area. On this 5.22- acre parcel, this zoning would allow 30 single-family homes. As a comparison, the current R-1R zoning would allow up to 22 single-family homes with the application of conservation principles. BACKGROUND Previous Proposal by Mr. Jensen In 2006, Mr. Jensen requested approval of a rezoning of this same property to R-1, single dwelling residential. At that time, he was proposing 14 lots. He had proposed this rezoning during the South Maplewood Development Moratorium and, therefore, also applied for a variance from the moratorium ordinance for the consideration of this rezoning. On February 12, 2007, the city council denied the proposed moratorium ordinance variance and the rezoning to R-1 as follows: A. The city council denied the moratorium ordinance variance request because: 1. Strict enforcement of the moratorium ordinance would not cause an undue hardship to the property or to the property owner. The applicant knew the property in question was zoned R-1R (which limits the type of development possible on the property) when he purchased it and that the property could be subject to a moratorium when he made application to the city. 2. There are no special circumstances or conditions in this case that warrant the city approving a variance to the moratorium. PacketPageNumber 55of220 3. The proposed rezoning (and then the proposed subdivision) would be premature and would not be compatible with the R-1R zoning designation. 4. The proposed rezoning and subdivision would not meet the spirit and intent of the moratorium ordinance. This is because the city put the moratorium ordinance in place to study land use and zoning patterns in this area (among other things). The proposed variance would remove the subject property from the study and thus from any possible changes that the city decides to make to the land use and zoning designations as a part of the study. B. The city council denied the proposed zoning map change to R-1 because: 1. The request does not meet all the criteria required by the city for a zoning map change. This is because the city cannot determine if the proposed zoning change would have any negative effect upon the logical, efficient, and economical extension of public services and facilities. 2. Staff recommended that the city not grant the variance to the moratorium. The moratorium prohibits the city from considering rezoning or development requests, unless the city approves a variance to the moratorium. 3. The proposed rezoning was not consistent with the R-1R zoning that the city intended to use to preserve the semi-rural lifestyle and to minimize tract housing. The city expects the R-1R zoning and any development consistent with that zoning to have lots at least two acres in size and to have wells and individual septic systems (not using city sewer and water). The proposed plan as shown by the applicant for the rezoning was not consistent with the R-1R zoning as it showed 10,000-square-foot lots and the use of city water and sewer to serve the new lots. Planning Commission Action On March 3, 2009, the planning commission recommended denial of Mr. Jensen?s rezoning request to R-1S for the following reasons: 1. A rezoning would not be consistent with the spirit, purpose and intent of the zoning code which is to provide larger lots. 2. The proposed R-1S zoning would not be in character with the neighborhood since this neighborhood is not developed with lots of this small size. 3. The proposed change would not serve the best interests of the community since the city council, based on substantial citizen input, has determined that a lower density in this neighborhood is preferred. 4. The proposed change is not consistent with the current or future comprehensive plan.  PacketPageNumber 56of220 DISCUSSION Proposed Development Mr. Jensen?s conceptual subdivision plan is similar to his previous proposal in 2006, however, he has added two more lots (from 14 to 16). The current lot sizes range from 8,441 square feet to 23,307 square feet in area. Five lots would be less than 10,000 square feet which would meet the R-1S lot size requirements if approved. Comprehensive Plan Update Status On December 8, 2008, the city council moved approval of the Comprehensive Plan Update which allowed it to be forwarded to surrounding communities for their review and comment. When that is completed, the Plan Update will then be submitted to the Metropolitan Council for their review. A predominant aspect of the Plan Update is focusing on the importance of environmental preservation and that development be guided toward applying conservation principles in order to preserve and enhance the city ecologically and environmentally. Current Plan vs. Plan Update The current land use plan designates this property as R1, Single Dwelling Residential. This allows a maximum density of 4.3 units per acre or up to twenty 10,000-square-foot single dwelling lots. The proposed land use classification would be Rural/Low Density Residential which would allow a density range of .5 to 1.5 units per acre or up to seven lots. The current land use plan classification would allow more density. Interim R-1R Code Amendment Being that the Comprehensive Plan Update will not be fully adopted until later this year, the city council has approved an interim ordinance which would allow the currently permitted development density of 4.3 units per acre while providing environmental protections. On February 23, 2009, the city council gave second reading to approving a revision to the R-1R zoning district by renaming it the Rural Conservation Dwelling District. The content of this zoning district also was revised to allow the currently permitted development density maximum of 4.3 units per acre, provided a developer applies environmental practices that would safeguard the land. A developer would have a choice of 18 environmental principles or practices to choose from in order to increase the density. For instance, these conservation principles or density incentives include practices such as prairie restoration, clustering of homes, additional storm water management practices and increased tree preservation to name a few. Refer to the attached ordinance. Under the amended R-1R ordinance, the allowed density on property zoned R-1R would begin at .5 units per acre (a two-acre lot) up to the maximum density of 4.3 units per acre (a 10,000 square foot lot), provided enough conservation principles are applied as incentives to reach this density.  PacketPageNumber 57of220 Proposed Rezoning to R-1S The applicant could proceed to develop his 5.22 acre parcel under the terms of the revised R-1R ordinance without a rezoning. To do so, however, he would have to apply several conservation principles to achieve his proposed .33 units per acre. Mr. Jensen, however, has applied for R-1S zoning and this is what the city still needs to evaluate. Section 44-1165 of the zoning code requires that, to rezone property, the city council make the following findings: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. In considering these criteria, staff cannot make the determination that all of these findings would be met. First, the proposed change to R-1S would not be consistent with the spirit, purpose and intent of the zoning code. The spirit, purpose and intent of the ordinance are to allow a higher density only if the environmental and conservation principles required by the ordinance are applied and met. The recent R-1R code amendment would preserve the density allowance in the current comprehensive plan while addressing the council?s goals for conservation and environmental protection. Second, the proposal for R-1S zoning would not be in character with the neighborhood. There are no properties in this neighborhood that have been developed at the proposed R-1S configuration or density. Third, the city has just spent three years in discussions and neighborhood meetings with area residents due to the South Maplewood Development Moratorium and the Comprehensive Plan Update process. The outcome was the council?s desire for environmentally-sensitive and lower- density development in the area around Carver Avenue and the corresponding adoption of the recent R-1R code amendment. Regarding the fourth finding, utilities are relatively close to this property and it is feasible to expect that they can be extended to serve the applicant?s site. Department Comments Engineering?Steve Kummer, Staff Engineer A cul-de-sac will be required at the end of the roadway.  PacketPageNumber 58of220 Most of the site appears to be within the shoreland overlay. Fish Creek would be considered a protected water under the shoreland overlay and, therefore, would be subject to slope development stipulations. At least six of the 10 lots on the east side of the proposed street may be subject to bluff provisions (no development on a bluff?considered 18% slope or greater for 50 feet or more with a 40-foot, no disturb buffer near the toe and top of the bluff). The developer should be aware that an erosion control plan with construction phasing and maintenance plan would be required with this development given the slopes and proximity to Fish Creek. Environmental Planner?Shann Finwall Development must comply with the tree ordinance for removal and the shoreland ordinance for setbacks to the creek. Houses must be sound proofed to ensure that they meet state noise levels for housing near a freeway. Police?Lieutenant Shortreed Appropriate security and street lighting should be provided and maintained within the development in order to assure that addresses are readily recognizable and accessible. Each residential unit within the development should have its own unique address number to assure that emergency responses are not delayed. The developer should be encouraged to provide enough vehicle parking spaces for the residents and their guests during special events and occasions. Construction site thefts and burglaries are commonplace and affect many construction projects in the Twin Cities. When it comes time for building, the contractor should be encouraged to plan and provide for site security during the construction process. On-site security, alarm systems and any other appropriate security measures would be highly encouraged to deter and report theft and suspicious activity incidents in a timely manner. COMMITTEE ACTIONS On March 3, 2009, the planning commission recommended denial of Mr. Jensen?s rezoning request to R-1S for the following reasons: 1. A rezoning would not be consistent with the spirit, purpose and intent of the zoning code which is to provide larger lots. 2. The proposed R-1S zoning would not be in character with the neighborhood since this neighborhood is not developed with lots of this small size.  PacketPageNumber 59of220 3. The proposed change would not serve the best interests of the community since the city council, based on substantial citizen input, has determined that a lower density in this neighborhood is preferred. 4. The proposed change is not consistent with the current or future comprehensive plan. RECOMMENDATION Deny the proposed zoning map change from R-1R, Rural Single Dwelling Residence District to R-1S, Small Lot Single Dwelling District for the proposed 16-lot Saint Clair Hills single-dwelling housing development east of 2510 Carver Avenue, based on the following reasons: 1. A rezoning would not be consistent with the spirit, purpose and intent of the zoning code which is to provide larger lots, based on the R-1R, rural conservation dwelling district provisions, which allow higher density if the conservation principles required by the ordinance are met. 2. The proposed R-1S zoning would not be in character with the neighborhood since this neighborhood is not developed with lots of this small size. 3. The proposed change would not serve the best interests of the community since the city council, based on substantial citizen input, has determined that a lower density in this neighborhood is preferred. 4. The proposed change is not consistent with the current or future comprehensive plan. CITIZEN COMMENTS In 2006, staff surveyed the 16 surrounding property owners within 500 feet of the subject property for their comments regarding Mr. Jensen's proposal. Since the current proposal is essentially for the same lot layout, with the exception of two additional lots, staff did not resurvey the neighbors. Those original comments are included below. FOR 1. The rezoning is the right thing to do. We need to push for full development in this part of Maplewood. My property taxes for 2007 are going up 28%, this on top of a 100% increase over 2005 and 2006. How can I, or anyone else, live under these conditions? The only way our property is worth what the county is saying is to have it fully developed. It is great for the neighbors to have rural atmosphere, but on whose nickel, or $7,300 in this case? It is time for a reality check down here by all neighbors. Thanks. (Jay Libby - 2591 Carver Avenue) AGAINST 1. We are opposed to the rezoning because we think it should remain rural. The taxes are so high now that we could not afford city sewer and water assessment costs on top of that. They should only be allowed to put two houses on that lot as it is currently. It is unfair to include the Ledo property in the development when no deal has been made with the Ledos!! (Schlomka - 2511 Carver Avenue) 2. I am for the moratorium as is! I am also opposed to the rezoning at any time. I moved to this neighborhood because of the nature, the wild deer that you are killing off every fall. Now we have wild turkey and other habitat in the area. With new homes and new residents, you will have to destroy them too! Also is Fish Creek going to handle the run off, not only us up on the hill, but also on the down side. We have a very unique part of Maplewood and it would be much better to keep as is. Land developers are a dime a dozen and destroy much of our natural beauty -and they say the housing market is down! (Woog - 2595 Carver Avenue) 3. Please see the a-mail message from Patty Gearin. 4. Please see the letter from Jim Kerrigan. 5. Please see the a-mail message from Tom Horwath. 6. Please see the a-mail message from Douglas Coombs. 7. Please see the a-mail message from Connie and Mark Wiegel. 8. Please see the a-mail message from Amy Kaiser. 9. Please see the a-mail message from Chris and Jane Jenkins. 7 Packet Page Number 61 of 220 10. Please see the a-mail message from the Baileys. 11. Please see the a-mail message from Sue Bonitz. 12. Please see the a-mail message from Mark Bonitz. 13. Please see the a-mail message from Ted Cyptar. 14. Please see the a-mail message from Patrick Bailey. 15. Please see the a-mail message from Nona Johnson. 16. Please see the a-mail message from Claire Jensen. 17. Please see the a-mail message from Jeff Jensen. 18. Please see the a-mail message from the Calhouns. 19. Please see the a-mail message from Uyen Campbell. 20. Please see the a-mail message from Dick Stehr. 21. Please see the a-mail message from Greg and Carol Thompson. 22. Please see the a-mail message from Carl Erb. 23. Please see the a-mail message from Carolyn Peterson. 8 Packet Page Number 62 of 220 REFERENCE INFORMATION SITE DESCRIPTION Site size: 5.22 acres Existing land use: Undeveloped SURROUNDING LAND USES North: Single dwellings across Carver Avenue South and East: Ramsey County Open Space, Fish Creek and one single dwelling West: Single dwelling at 2510 Carver Avenue PLANNING Land Use Plan designation: R-1 (single dwellings) Existing Zoning: R-1 R (rural single-dwelling residential) Proposed Zoning: R-1 S (small lot single-dwelling residential) Criteria for Rezoning Approval Section 44-1165 of the zoning code requires that the city council make the following findings to rezone property: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Packet Page Number 63 of 220 APPLICATION DATE AND REVIEW DEADLINE The city received this application on October 10, 2008. State law requires that the city council take action on this request within 60 days of receiving the request, however, the city may extend this review deadline for an additional 60 days. Subsequent extensions of this review period must be with the applicant's written approval. Mr. Jensen has agreed in writing to extend his review deadline twice. The current review deadline for this proposal is now April 8, 2009. p:sec24-28\St Clair Hills Rezoning CC Report 3 09 to Attachments: 1. Location Map 2. Current Land Use Plan and Proposed Plan Update (2 pages) 3. Zoning Map 4. Address Map 5. Conceptual Preliminary Plat 6. 2006 Preliminary Plat Proposal 7. Applicant's Letter of Rezoning Request date-stamped October 10, 2008 8. Applicant's Addendum to Rezoning Request Letter date-stamped October 10, 2008 9. a-mail message from Patty Gearin 10. Letter from Jim Kerrigan 11. a-mail message from Tom Horvath 12. a-mail message from Douglas Coombs 13. a-mail message from Connie Wiegel 14. a-mail message from Amy Kaiser 15. a-mail message from Chris Jenkins 16. a-mail message from the Baileys 17. a-mail message from Sue Bonitz 18. a-mail message from Mark Bonitz 19. a-mail message from Ted Cyptar 20. a-mail message from Patrick Bailey 21. a-mail message from Nona Johnson 22. a-mail message from Claire Jensen 23. a-mail message from Jeff Jensen 24. a-mail message from the Calhouns 25. a-mail message from Uyen Campbell 26. a-mail message from Dick Stehr 27. a-mail message from Greg Thompson 28. a-mail message from Carl Erb 29. a-mail message from Carolyn Peterson 30. R-1 R Zoning Ordinance Amendment 31. 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'`~'~ ~ 7~ 40 ~9i1 \ ~~ J I 1k \ \ \\ / ~+~ ~* I 9 1 1~ B \\\\~ ~~ i I ~ -w \ \ i^ 1 ~ 4 1 \\\v~ I Il ~ N 99',4'35' E 189.98 ~b j f 44~~-.% 4ti~~'~ / . ~ ~ .Fi;3 „tt rnn~;~: ~; j OPE~ISPACE Fi;~ F:i;r„iw~F ~. 0 0 6 ~\r o P~ 5 ~• I 4 N Packet Page Number 71 of 220 Attachment 7 Tyros Land Company 93I4 62°~ Place'R~est Mukilteo, Washington 98275 GSl 633-5410 Application for zoning Change May 16, 2008 Introduction: GG i ~ 0 X008 Tyros Land Company would like to develop 5.22 acres of land near the intersection of Carver Avenue and Sterling Street into Rl S single family residential lots. The land is currently zoned R1R. We request a zoning change to Rl S. This area of Maplewaod is one of the mast studied areas in Maplewood history so we do not attempt to describe the area in detail. The zoning change, without overall developmen# plan, is needed to allow us #o begin talks with potential builders. The overall plan will be presented, when created, along~with an application for plat approval. This request came before the Maplewood City Council at the end of 2006, At that time we requested a rezone to Rl and to develop the parcel into 14 single family 10,000 square foot lots. Since that time the City Council has approved a development by Copan for lots as small as d,p00 square feet. Since Copan will be the driving force in the area we are planning lots of similar size (7,500 square feet). It is still our intention to develop 14 lots but we will be watching Copan to see if we should match their plan. The eventual plan will mast likely be decided by a builder. Zoning Application Filing Requirements 1. Attached please fmd a copy of the Maplewaod Zoning Map showing the subject property and a copy of the plat showing the dimension of the parcel a. The site plan for this parcel is attached. It is identical to the earlier si#e plan except that it allows for two more lots. Due to its topography, size, and canfiguratian this parcel can only be developed with this footprint. b. The appearance of any new construction will be similar to the surrounding area and those homes built by Copan in the area. All new construction will be in line with Maplewood Cade requirements. 2. The property is intended to be used as a site for single family detached homes. The City Council should approve this request because it is the proper use of the land and comports with all code requirements of the City of Maplewaod. Packet Page Number 72 of 220 a, b, e This portion asks how the development will promote public welfare. The law of this state does not require that a development promote public welfare but simply that it does not excessively burden the City. Single family development of this parcel is the highest and best use of the land, There are adequate public facilities at or near the parcel 3. There are no recent project statements or narratives 4. A list of property owners within 5~0 feet is attached to this application ox will be supplied shot tly. 5. There are no recent project plans for this project. 6. The application fee is enclosed. Jami Jensen Presi ent, T Land Company Packet Page Number 73 of 220 A~t.achment 3 Tyros Land Company 9314 b2~ Place West 1Vlukilteo, Washington 98275 6S1 633-50iD Addendum to Application for Zoning Change October 8, 2008 2. ~. Promote the public welfare by: p)L~[~L~~dC~ ~l OCT 1 D 206 1. Reduce Traffic Congestion: This project would allow for the reduction of traffic congestion by creating single family dwellings, rather than multi- farr-ily dwellings that would significantly add to congestion. Single family use is the lowest traffic use of the land and therefore would remove this property as a source of future traffic congestion. 2. Improve safety from fire and other dangers: Necessary fire hydrants would be installed for the benefit of all surrounding property owners. llevelopment of the parcel will also remove the property from passible sites for the dumping of junk cars, wortliless appliances and other trash. 3. Providing adequate light and open space: Part of the expense of development is the payment of a park dedication fee which is used to create or protect light and open space. 4. Avoid Overcrowding: The proposed plat would allow far nearly the lowest density allowed 6y the Metropolitan Couxlcil and the Comprehensive Plan adopted by the City of Maplewood, thereby protecting against overcrowding. 5. Conserve Property Values: By installing fire hydrants, as necessary, and protecting the land from. becoming a dumping site, plus the improvement of the land with new homes, yards and neighbors, the surrounding property values will undoubtedly be increased. The proposed plat is a better use of the property for the City of Maplewood and for the surrounding homeowners and others in the are. ~ t 1; October 8, 2008 Jamey Jensen President, Tyros Land Company Packet Page Number 74 of 220 Attacf~ment 9 Ken Roberts From. wiperspius c[Dcomcast.net Sen#: Friday, December s~8, 2U~6 9:43 AM To: Ken Roberts Cc: hrcbaiiey~comcast.net Subject: A against a development Carver area 2575 carver ave Patty Gearin is for the moratorium and opposed to the re zoning of land at any time. Needed nature wild life in this area. This would kill off and destroy all the wild life. Fish Creek needs repair as is has been damaged and can not handle any more run off. Not only us but.on the hill and the other side. deep as is and land developers out as they are a dime a dozen. So make this clear I am against Tyrus Land Co. and any developments any where in south Maplewood area, P.S. This is in reference to reply needed for the city council of Maplewood, Thank You Patty Gearin Wipers Recycling LI,C Shop 551-222-7247 Cell 551-231-3973 Packet Page Number 75 of 220 Attachment 10 December 5, 2006 Jim Kerrigan 2620 Carver Avenue St. Paul, MN 551.19 Ken Roberts City of Maplewood 1830 County Road B East Maplewood, MN 55109 Re: St. Clair Hills Housing Development, Carver Avenue & Sterling Street Dear Ken: This will serve to respond to your neighborhood survey dated November 30, 2006, for the following two requests by Jamie Jensen of Tyrus Land Company: Variance to the south Carver Avenue development moratorium Rezoning from R1 (R) to R1 At this time I do not support approval of either of these two requests by Tyrus. In a letter l previously provided to your office, I detailed my concerns on the rezoning (see attached letter dated October 26, 2006). As relates to the development moratorium, it was put in place in order to provide the City and interested parties a period of time to study and determine the appropriate future land use far the south Carver Avenue area. The proposed Tyrus development is located almost in the middle of the s#udy area. Allowing them to build now may be inconsistent with what is determined appropriate land uses for the area; furthermore, allowing development of this site naw may eliminate use options for the area. A neighborhood group, Fish Creek Initiative, has now been farmed to provide input to the City in its sfiudy effort. This group recently held its first meeting with approximately 20 neighbors in attendance. It was very evident that they do not wish to see any development in this area built to R1 density. There was a general consensus that no development should be allowed to occur in this area until all input has been considered through the study process. Packet Page Number 76 of 220 Letter to Ken Roberts, City of Maplewood, December 5, 2006 -Page 2 The rezoning request by Tyrus is exactly what has been requested by Copar for their proposed residential project in this area. As you are aware, Copar has now brought legal action against the City following denial of their project by the City. It would seem that if Tyrus is allowed to proceed forward, such action could be interpreted as arbitrary and capricious and compromise the City's legal position with Copar. y Vllith the development moratorium now in place, it seems most logical to study the south Carver Avenue area as a whole and not allow any exceptions. Once the planning study has been completed, Tyrus, ifi still interested, can undertake a project that is in accordance wi#h the agreed-upon findings. Finally, 1 respectfully request that if action on the request by Tyrus moves forward that this letter {and the attached October 26, 2006, letter) be included in your staff report to the Zoning and Planning Commission and City Council. l would also ask that l be provided staff reports on this matter. You may a-mail them to me at the following: ikerrigan _ hopkinsmn.com. if you have any questions, please give me a call at 952-548-6340. Sincerely ~ .,~~~" ~, ..~~~~~ ~ ~im Kerrig "n~ Attachment Packet Page Number 77 of 220 Response to neighborhood survey/moratorium variance and rezoning request -south of Carver A... Page 1 of 1 Attachment 1~ Ken Roberts From: Tom Horwath [THorwath@ci.edina.mn.usj Sent: Tuesday, December 05, 2006 8:16 AM Ta: Ken Roberts 5ubjec#: Response to neighborhood surveylmoratoriumvoriance and rezoning request -south of Carver Ave. Hello Ken I appreciate an opportunity to formally respond to above mentioned subject. I do wish to make Borne specific comments regarding the proposallrequests of Jamie Jensen, and some general concerns regarding any further development in the area south of Carver Ave. My family has been living on our !ot on Carver Ave. for 15 years now. We first purchased the lot 20 years ago. Our lot was selected after an extensive iat search in the east metro area. We found nothing comparable to it at tha# time. The forge lot size, variable topography, and most important the density of trees not only on our land, but also throughout the neighborhood. The area was, and still is, of rural character, ye# so close to the Twin Cities where both my wife and I wished to live, work and raise our family. I have been a City Forester for 2~ years. I have a great appreciation and love for #rees. My favorite landscapelenviranmentaioreas are forests or woodlots which are basically managed in a natural way -allowed to function with minimal interferences and thus in a manner guided by nature's laws. Because of the proximity of our land, and that of our surrounding neighborhood, to the Mississipppi River, I regard the natural extended area to be classified as Riverine Forest Type. This type of forest is characterized by a more expanded diversity of species of #rees than other forest types indigenous to this area. As such, this forest Type and other environmenta! characteristics of this Mississippi Bluff area comprise a unique addition to the City of Maplewood. As such f think it would be desirable to protect wisely and with caution through the planning process. Both myself and my neighbors recognize the inevitability of some type of development occurring in this area. I also regard my property as an investment. The fine line is, what part of it is financial investment, and what part is investment for the future generations of owners to enjoy the same natural conditions that we lave and enjoy so much now. At this point, for the sake of brevity, let me respond directly to some specific comments in the letter f received in your notification packet. The statement in the letter from Tyrus Land Company that "The freeway has sapped the area of any remaining rural character" I found easy to disagree with, When I walk my own land, or further through the neighborhood, through the extended woods, or even drive on the local roads which are surrounded by natural woodlots running almost continuously, f see a rural Took and feel a rural character. The continuity of this wooded area is what defines this neighborhood. The preservation of this aspect is what we all hope can be addressed throughout the planning process and during any inevitable future development. I am aware of a DIVR initiative in the metro area to connect, or re-connect the fractured woodlots and natural wildlife corridors as much as possible -both on public lands and private as well. It would seem wise planning to me to not unnecessarily disconnect them in the first place. 1 think the claim that the area is sapped of rural character displays a worrisome attitude which tacks any motivations to attempt to minimize environmental impacts, or preserve the broader characteristics of the neighborhood. Another statement f wish to make comment on concerned the "benefit" for properties on the south side of Carver Ave. for extending services. Since we have already purchased, and maintain a functional well and septic system, 1 don't see service extensions as a benefit, but only as an unnecessary and expensive financial burden. Thank you #or the opportunity to respond. We appreciate the opportunity to have our voices heard in the deasian making process which so greatly affects our quality of life in this wonderful neighborhood. ~6 ~o ~~~~ ~d ~~ . 12/5/2006 Packet Page Number 78 of 220 Page 1 of 1 Attachment ~2 Ken Roberts Front: Coombsmp{@aol.com Sent: Friday, December 08, 2006 10:26 AM To: Ken Roberts Subjec#: South Maplewood moratorium Dear Ken, Thank you for the notices on the moratorium and Public hearing notice regarding Tyrus Land Co. It is nice to be informed. I was not, nor am l now for or against the passing of the moratorium. But now that the City has passed it I believe it should be enforced. I do not like flip flopping around. The rules for South Maplewood change frequently and usually without any notice to those of us south of 494. f believe the City needs to take the time afforded by the moratorium and develop rules for south of Carver that are consistent with those of the rest of the city....and stick to them. For example; there is a 1.27 acre lot across the street from me_ Why should someone be allowed to build on it when l cannot split my lot down to 1.27 acre parcels?????? Why were homes permitted to be built on the hills NW of me, in#ertering with my N's and cordless phones without me being included in the decision process. The city does not allow me cable, satellite, or regular clear N. Yet my property taxes soar because of the new homes which have all the amenities. So tell me, why should we like it when everyone wants to destroy what rural surroundings we still have. I think theTyrus land project is mostly good, Of course l would prefer it stay undeveloped, but that would not be fair the the property owners who would like to sell, as many others in the area have already done. f would like to see bike traits, safely connecting the parks in South Maplewood and Woodbury, and along fish creek down to the Point Douglas Bike route. I would like to see a ~tre hydrant on the most eastward edge of the project on Carver Avenue. I would like to see cable access required to this area and ALL of South Maplewood. 1 would Like to see minimum lot sizes consistent with those in the area. 1 would fke to see the area to have it's own water retention pond. And a tornado siren in the development or within a few blocks. I would like to see the business off the corner of Sterling on Carver removed (it has insufficient off street parking and to much traffic for a residential area). 5incerery, Douglas Coombs 27DD Carver Avenue 12/8/2006 Packet Page Number 79 of 220 Page 1 of 1 Attachment 13 Ken Roberts From; Connie Wtegel [conniewiegei@comcast.ne#~ Sent: Thursday, December 07, 20Q6 11:55 AM To: Ken Roberts Cc: Diana Longrie {l=xternall; City Council Subject: Moratorium variance and rezoning requests - St. Clair Hills Housing ©evelopment -Carver Avenue and Sterling S#ree# RE: The Moratorium variance and rezoning requests - St. Clair Hills Housing Development - Carver Avenue and Sterling Street (East of I-494) Maplewood -requested by Jamie Jensen of the Tyrus Land Company. Dear Mr. Roberts, We are writing to urge you to uphold the one--year moratorium on development that was recently passed for the area south of Carver Avenue. The decision to do so indicates to us that city leaders want to take a thoughtfiil, well-researched approach to potential development in this entire area. This is exactly what we must do. Allowing any piece of the area to be sliced off and developed without concern for the effect on the entire whole negates the purpose of the moratorium and would be irresponsible. I would also like to express my concern about how and who gets notified about these types of issL~es. We live less than 1/4 mile from the proposed development site and did not receive notification of the variance and rezoning request. It is only through a large network of actively engaged neighbors that we were made aware of the situation. I ask that you reconsider your policy on notification so that it is realistic for all areas of the city. We are hopefixl that the city will engage in this process fairly and transparently, in a way that the concerns and input of all parties are respected. Sincerely, Connie and Mark Wiegel 2720 Carver Avenue, Maplewood 6S 1-329-3776 12/7/20ab Packet Page Number 80 of 220 Attachment T4 Ken Roberts From: Amy Kaiser jamy.Kaiser~ho#mail.com] Sen#: Friday, December 08, 2006 4:19 PM To: Ken Roberts Cc: Diana Longrie (Externai) Subject: Response #o Neighborhood Survey letter Dated 11-30-06 Dear Mayor Longrie, City Staff, and Council Members, In .response to the neighborhood survey that my husband and I received dated Niovember 30, 2006, we are against .the variance and rezoning request that Jamie Jensen of the Tyrus Land Company is asking the city to grant him. This moratorium was put i.n to place to give the city time to study the area. There are Native American artifacts that have been found within feet of this piece of property. If Jamie Jensen or any other person is allowed to develop, this could cause conflicts and interfere with the znoxatorium. This area is very unique and we must carefully consider the impact we have nn tine area. The residents of this area Live here because this is the type of lifestyle they choose to live. I ask the Council to support the Comprehensive Plan honoring the citizens the right to live the lifestyle they choose. I also ask the Council to thoroughly survey the area for it's historical value. This needs to become a priority included with the moratorium in order to honor the Comprehensive Plans historical preservation committment. I also would like to reguest that in the future all land owners in the moratorium area be notified of any requests made that require a variance to the moratorium so that they may respond also. Thank you, Amy Kaiser Get the latest Windows Live Messenger 8.I Beta version. Join now, http://ideas.live.com ~-~i .~ 6e ~ / nl~ ~, -; Packet Page Number 81 of 220 Page 1 of i Attachment T5 Ken Roberts From: chrisjenkins@usfamily.net Sent: Wednesday, December E36, 2fl06 6:38 PM To: Ken Roberts Cc: hrcbailey@comcast.net; Diana Longrie (External) Subject: The Moratorium variance and rezoning requests - St. Clair Hills Housing Development -Carver Avenue and Sterling Street (East of 1-494) Maplewood -requested by Jamie Jensen of the Tyrus Land Company. Mr. Roberts, We are emaifing you regarding the request for a variance and rezoning by Tyrus Land Company. We appose the City of Maplewood granting this request due to the recent City of Maplewood imposed Moratorium so #ha# all the issues surrounding development in this area can be studied as a whole. To grant this to one developer, leaves the door open for other developers to request the same treatment before the moratorium and studies can even be s#arted. Thank you for hearing us on this issue. Chris and Jane Jenkins 1435 Sterling Street South Maplewood, MN 55119 651-776-1651 --- USFazxail~Net - $S.25/mo! -- Hi~_~hs~eed - $19.99/mo! --- Packet Page Number 82 of 220 Attachment ~6 To: City of Maplewood Ken Roberts -Planner Ken.Roberts cr CI.Maplewood.MN.US. Cc: Mayor-Diana Longre mayorlon rgre~yahc~o,_com- December 5, 2006 RE: The Moratorium variance and rezoning requests - St. Clair Hills Housing Development -Carver Avenue and Sterling Street (East of I-494} Maplewood - requested by Jamie Jensen of the Tyrus Land Company. My Comments on the request: I am against this variance and rezoning request because it will disrupt anal interfere with the one-year moratorium that the City of Maplewood has had the foresight to recently put into place. This unique area needs to be studied as whole for its historic value, potential traffic problems, the lifestyle preference of the present residents and many other issues. Because it is important to study the area as one complete piece, it is not appropriate to allow any pieces to be excluded -especially the particular site in question, that directly borders on Fish Creek and is close to areas where Native American artifacts have been found (artifacts have been found on both sides of I-494 east and west}. The City Council chose to support the Maplewood's Comprehensive Plan that specifically honors historical areas and citizen's lifestyle choices. I support the City's moratorium and its plan to take responsible action_ It is important to bring together staff and the proper committees to research and study all of the area included in the moratorium, so that well thought out decisions can be made as to how this area Can be responsibly conserved, zoned and developed in a way that respects the Comprehensive Plan, the Iand, and the neighborhood lifestyle. The site that Tyrus Land Company wants a variance and rezoning on is an integral part of the area to be studied. It is directly related to Fish Creek and on the path that ties the Mississippi River Corridor to Carver Lake. Therefore, I want this variance and rezoning request denied. I trust that the city will engage in this process with all parties involved to insure that the thoughts, opinions, and perspectives of all its citizens are respected. Sincerely, Joe and Michael Bailey Packet Page Number 83 of 220 Page 1 of 1 Attachment 17 Ken Roberts From: Sue.Soni~ca deluxe.cotn Sent: Friday, December 08, 2Q06 19:A~2 AM fro: City Council Cc; Ken Roberts Subject: Tyrus Land Co. variance and rezoning request - Oear Mayor Longrie and City Council Members, First, I would like to thank you for listening to the citizens of Maplewood and passing the I year moratorium on development south of Carver. The time needs to be taken to study it and it's effects to the area. The area can only be developed once and it should be done right. T stroagly feel the request for a variance of the moratorium and rezoning by Tyrus Land Co. not be granted. Why should we give one developer a variance until the whole area is looked at. Then the naact developer will want ono. The whole area needs to be looked at as planned by the moratorium. Tilers were a many things that bothered me abo[lt Tyrus's reasoning behind why he should have variance and how the area should be rezoned. Here are just a couple things that I felt they were really reaching on. - "We have not encountered any current resident that would prefer to have the property remain rural, save for Mr and Ms. Bailey" Well I know for a fact, because 1 was at the city council meeting the night the moratorium passed (and Tyrus was there too) that a lot of people spoke up against over-developing the area, myself included. Nat to mention people north of Carver and a couple residents from the North part of Maplewood. - "The freeway has sapped the area of any remaining rural character." I feel is false. Our property backs up to the freeway and we have a wonderful view o£ woods and nature from every window. We Naught here because of the feel of rural while still having close access to the city. Just because there is a freeway somewhere does not mean we can not preserve what is left. Freeways do not always mean development. Look at other areas of the state where 35 and 99 run. Tt is really OK to preserve the feel of the azea, Fish Creek and the abundance of nature it provides. What angers me is Tyrus and the other developers came in and bought this property knowing full well the zoning are now holding the city hostage. Most developers option the land until every thing is approved. I know they have a right to develop there land, but do it to the way it was zoned and responsibly. Maplewood is in compliance with the Metropolitan council. It is OK to have land that is left aebit open and to save areas of great beauty and that have great environmental impact. Finally, a note on the city's request for feedback by Ken Roberts was forwarded to me by a neighbor. I am upset that the whole area in question was not sent the notification. I understand that their fs a 500 foot rule. Which far this area is not actually asking for a lot of feedback_ It should go out to the whole area effected. It makes me feel that the City really does not want a honest responses_ Sincerely, Sue Bnnitz 1635 Sterling St. S. T 2/8/2006 f'; Packet Page Number 84 of 220 Tryus Land Company Requests For Zoning Change & Variance Page 1 of 3 Attachment 78 Ken Roberts From: Bonitz Mark lMark.Bonitz@thomsan.neti Sent: Friday, December 08, 2(306 2:49 PM To: City Council; Ken Roberts Subject: Tryus Land Company Requests Far Zoning Change & Variance _ Importance: High Dear Mayor, City Council Members & Ken Roberts: Earlier this week I was made aware that the Tryus Land Company submitted a combined request for a zoning change and variance to the current development moratorium in south Maplewood. I was not made aware of this by the city even though I live in the area of south Maplewood that is under the current moratorium. Someone needs #o review the City of Maplewood's notification policy. I can assure you from comments of other concerned residents the policy is not working! Common sense should have dictated that at an absolute minimum, the City should hove notify all of the landowners currently under the mora#orium as #his developer is requesting a variance from the moratorium itself. As a resident landowner in south Maplewaod_I_urq_a you to respectfully deny both of these requests without prejudice. The ink has barely dried on the enactment of the development moratorium. Most certainly, now it is not the time to be examining snapshots of "islands" in south Maplewood. Instead, we need to flake the time to explore and refine the vision for this area. Not just far the developers but far the current and future residents of south Maplewood . Again, I urr~e you to enforce the current zorai~c~.and development moratorium to allow us time to com late the work we have alread a reed needs to be done. Furthermore, in response to the Tryus Land Company's specific justification I submit the following for your consideration; Qn "Ripeness for Development"= Mr. Jensen states in his request "Pram a political standpoint the past actions of the City have prepared the land for development" Mr. Jensen has a point. The City imposed a development moratorium in 2002 at the request of south Maplewood residents. In 2003, the City, based on the findings of fact established the R-1(R) zoning classification which among other criteria was established to "protect the rural character of south Maplewood." In 200b the City Planning Commission unanimously rejected another developers request for a change in zoning that involved a increase in density aver its current R1-R classification. In short, the Gity has prepared the land far development by listening to the residents of south Maplewood in the first place and enacting the R-1{R) zoning classification. 12/8/2006 Packet Page Number 85 of 220 Tryus Land Company Requests For Zoning Change & Variance Page Z of 3 Mr. Jensen makes reference to "...a study of the area...". I believe he is referring to the E.A.W, study conducted on the property West of 494 that did not involve the Tryus Land Company's property which resides to the East of 494. As I have pointed out in previous correspondence, an E.A.W. applies only to a specific development plan. The environmental conclusions identified in the original study apply to the subject property West of 494 and can not be reasonably extended to the Tryus property. In fact, given the Tryus properties proximity to Fish Creek I would urge the City to explore the need far a complete E.A.W. on any development boarding the creek, including this site before any plan is approved. On "Two Properties as a Island": Unless the Tryus Land Company's proposal includes digging a moat around the property it is, not in any way, means, shape or form an island on to itself. It is however a integrated and significant part of the whole south Maplewood picture. Let us stay the course and work through the tusks outlined in the moratorium. On "Existing Zoning": I agree ! - today the land in question is zoned R-1(R) The Tryus Land Company knew this upfront when they purchased the property out right. Moratorium not withstanding, why is it that developers in this area of south Maplewood never really embrace the existing look and feel of the surround neighborhood? Why do they always want mare? Perhnps they just can't get no satisfaction..... On "Area Desire For Develo ment": Mr. Jensen states that he has not encountered any current resident that would prefer to have the property remain rural. Sounds like a severe case of selective memory to me. Is he not the same Jamie Jensen that attended the second reading far the currently adopted development moratorium proposal? Did the fact that nearly everyone who voiced their comments, w"rth the exception of himself and one other developer, expressed their desire for the area to retain it's rural look and feel. If not selective memory, perhaps developer ears. On "Area Pro erties": Tryus attempts to conclude that rising property valuations and taxes equate to an area's ripeness for development Truth is -most everyone's property evaluations and property taxes have risen in recent years due to the shifting tides of revenue away from cities and counties by the State. On "The Broader Picture": In response to Mr. Jensen's statement "The freeway has sapped the area of any remaining 12/8/2006 Packet Page Number 86 of 220 Tryus Land Company Requests For Zoning Change & Variance Page 3 of 3 rural charm" That's a mouthful I I would suggest AAr. Jensen ask the Governor of Minnesota to issue a proclamation #hat any land abutting a freeway, or that planes fly aver, or that a developer says so.....is hereby stripped of it "Rural Charm & Character" and is thereby declared "ripe" for development. I'm sure the Governor will get right on 'rt. Yau jus# can't make this kind of stuf f up. Respectfully Submitted: - - - _ Mark J. Bonitz A proud owner of Rura! Charm in south MapiewoocE 12/8/2006 Packet Page Number 87 of 220 Page 1 of 1 Attachment T9 Ken Roberts Frorn: Ted L. Cyptar Investigations [tlcinvestigations@comcast.net] Sent: Thursday, December 07, 2006 9.51 AM Ta: Ken Roberts Subject: st. cfair hills it has come to my attention tyros is requesting an. exemption from the moratorium. i would like the city council to first make a decision on aligning the city zoning with the comprehensive plan, i also have heard there are five (5) developers wanting to build developements not in compliance with city zoning within one mile of my residence. it seems to me these developers have unreasonable expectations that the city does not respect and follow their own zoning rules. ted cyptar, 1645 sterling st. so. 659.459.9869. i would appreciate a response. I2/7/200b Packet Page Number 88 of 220 _..... Page 1 of I Attachment 20 Ken Roberts from: I~at Bailey [pat.baiiey@baileynursery.comj Sen#: Sunday, [7ecember 10, 20061:19 PM To: City Council; Ken Roberts Subject. Tryus Land Company Requests For Zoning Change & Variance Dear Mayor, City Council Members, and Ken Roberts: I'm writing to respectfully urge you to deny a recent variance and rezoning request made by the Tyrus Land Company. support the recently enacted moratorium, as the whole area needs to be considered with respect to Fish Creek, traffic issues, conservation considerations, and area residents' desires. To grant any one party a variance is wrong. Let's wisely use the one-year moratorium #o ensure a thoroughly well-thought plan for this unique area. Thank you for your consideration. Respectfully, Patrick Bailey 1678 Sterling St S Maplewood MN IZ~I I~20a6 Packet Page Number 89 of 220 Attachment 21 Ken Roberts From: Johnson, Nona M (Nona_M.Johnson@HealthPartners.Com] Sen#: Wednesday, December 06, 2006 3:'[ 3 PM To: Ken Roberts _ Cc. mayoriottgre@yahoo.com; hrcbailey@comcast.net 5ublec#: Moratorium Variance and Rezoning Requests -made by Jamie Jensen of the Tyrus t_and Company . To: City of Maplewood Ken Roberts -Planner - Cc: Mayor Diana Longre December 6, 2006 _ R.E: The moratorium variance and rezoning requests - ~~ ~ - St. Clair Hi11s Housing Development -- Carver Avenue and Sterling Sb-eet {East of I-494) Maplewood -requested by Jamie Jensen of the Tyrus Land Company, My comments on this request: _- We have lived at 2513 Haller Lane (just off of Sterling Street) for six years and really enjoy the quiet lifestyle this area gives us. The rezoning request that would give Tyrus Land Company the ability to go~st the moratorium currently in place would disrupt and interfere with not only the historic value and wildlife of this area but it would also cause the present residents manv other issues. Thus I am against this variance and rezoning request. This unique area needs to be studied as whole for its historic value, potential traffic problems, the lifestyle preference of the present residents anal many other issues. Because it is impoxtant to study the area as one complete piece, it is not appropriate to allow any pieces to be excluded -especially the particular site in question, that directly borders on Fish Creek and is close to areas whexe Native American artifacts have been found {artifacts have been found on both sides of I-494 east and west). The City Council chose to support the Maplewood's Comprehensive Plan that specifically honors historical areas and citizen's lifestyle choices. I support the city's moratorium and its plan to take responsible action. It is important to bring together staff and the proper committees to research and study all of the area included in the moratorium, so that well thought out decisions can be made as to how this axea can be responsibly conserved, zoned and developed in a way that respects the Comprehensive Plan, the land, and the neighboxhood lifestyle. The site that Tyros Land Company wants a variance and rezoning on is an integral part of the area - -- to be studied. It is directly related to Fish Creek and on the path that ties the Mississippi River . Corridor to Carver Lake. Therefore, I want this variance and rezoning request denied. I trust that the city will engage in this process with all parties involved to insure that the thoughts, opinions, and perspectives of all its citizens are respected. Moratorium 'V'ariance and Rezoning Requests - made by 7amie Jensen of the Tyros Land Company Page 2 of 2 Sincerely, Nona Johnson and Vince Bastiani Packet Page Number 90~of 220 Attachment 22 Ken Roberts From: Claire Jensen [ciairejensen~visLcom] Sent: Sunday, December 10, 20[16 8:47 PM To: City Council; Ken Roberts , Cc: Diana Longrie (Fxterna!) Subject: Tyros Land Company Request for Rezoning of Carver & Ster}ing area. City Council, Mr. Roberts, and Mayor Longrie, I understand that the 'Pyrus Company is trying to sneak through a Zoning change to our beautiful, rural pant of South Maplewood that is part of the newly imposed moratorium. I find it very disturbing that the said company thanks that they can just push forward and show no recognition or respect to the fact that the znaratorium is in place. It should be upheld 100 - NO EACEP'I'IONS, otherwise, what is the point of having one? The reason we moved here 5 years ago, was because of the the rural nature of this area, please do not let it be destroyed and used up by money hungry developers. Please also ensure that in future, that all residents of the moratorium area are officially notified by your goodselves of any requests to defy the moratorium, instead of finding out on the grapevine!!!! Sincerely, Claire B Jensen 2533 Haller Lane E Maplewood, MN 55119 Packet Page Number 91 of 220 A~tach~ners~ 23 Ken Roberts.. From: Jeff Jensen ~ef~ensen~upstairstechnology.corm Sent. Sunday, December 10, 2406 8:47 PM To: Ken Roberts Cc: City Council; ^iana E,ongrie (F~ctemal) Subject: Fish Creek area moratorium and zoning change requests Deaz Mr. Roberts, My neighbors and I are worried about certain types of development ruining our neighborhood. A few years ago, the city council voted to implement the R1R zoning in our area. We welcomed this zoning change to maintain the living look and feel of this area. Recently, the city council passed a development moratorium for our area to allow development study and holistically planning the area. We welcomed this decision too. There are reasons the city council enacted the zoning change. Nothing has changed since then, except land ownership. The original reasons still exist. There are reasons the city council enacted the moratorium. Let's uphold that decision so we can execute the research. and holistically plan the area, instead of destroy it with disconnected separate plans and intense density levels. We must uphold these city council decisions. We cannot allow one entity an exception, as then others will require it too. We must not build medium to high density dwellings in the Fish Creek area. The residents live there because of the low density, natural surroundings, and wildlife. Higher on the hills is one of the few places in the metro where one can see bath Minneapolis and St. Paul downtowns. It is a special area from which to watch the 4th of July fireworks with the neighbors, because of the visibility to many surrounding areas. Medium and high density development will destroy this pleasure, the wildlife, the natural setting. Additionally, the existing road infrastructure cannot handle the increased traffic load. When the Wakota bridge project caused the routing of traffic up Sterling, just getting on Sterling from our street, Haller Lane E, was regularly difficult in the morning, waiting for an entrance spot in the illegally speeding traffic. That time period was enough insight to understand the inadequacy of the existing roads and the impact of the speeding traffic. Still, the Bailey and Sterling intersection is a problem. Please uphold the existing moratorium and the zoning of R1R; we must oat destroy the look and feel of this area, and must use the granted time to cohesively plan together. Sincerely, Jeff Jensen 2533 Hailer Lane E Maplewood, MN 55119 Packet Page Number 92 of 220 Attach~ent 24 To: City of Maplewood Ken Roberts -Planner Ken.Roberts@CI.Maplewood.MN.US Cc: Mayor Diana Longre mayorlon~re~yahoo.com December 5, 2006 IZ:E: The Moratorium variance and rezoning requests - St. Clair Hills Housing Development -Carver Avenue and Sterling Street (East of I-494) Maplewood - requested by Jamie Jensen of the Tyros Land Company. My Comments on the request: I am against this variance and rezoning request because it will disrupt and interfere with the one-year moratorium that the City of Maplewood has had the foresight to recently put into place. This unique area needs to be studied as whole for its historic value, potential traffic problems, the lifestyle preference of the present residents and many other issues. Because it is important to study the area as one complete piece, it is not appropriate to allow any pieces to be excluded -especially the particular site in question, that directly borders on Fish Creek and is close to areas where Native American artifacts have been found (artifacts have been found on both sides of I- 494 east and west). The City Council chose= to support the Maplewood's Comprehensive Plan that specifically honors: historical areas and ,citizen's lifestyle choices. I support the city's moratorium and its plan to take responsible action. It is important to bring together staff and the propex committees to research and study all of the area included in the moratorium, so that well thought out decisions can be made as to how this area can be responsibly conserved, zoned and developed in a way that respects the Comprehensive Plan, the land, and the neighborhood lifestyle. The site that Tyros Land Company wants a variance and rezoning on is an integral part of the area to be studied. It is directly related to Fish Creek and on the path that ties the Mississippi River Corridor to Carver Lake_ Therefore, I want this variance and rezoning request denied. I trust that the city wi11 engage in this process with all parties involved to insure that the thoughts, opinions, and perspectives of all its citizens are respected. Sincerely, Paul & Cari Calhoun 2553 Haller Lane Packet Page Number 93 of 220 Page 1 of 2 Attachment 25 Ken Roberts Fr~orril: Uyen Campbell [ucampbell2~comcast.net] Sent: Monday, December 11, 2006 9:33 AM To. Ken Roberts Cc: City Council; Diana Langrie {External) Subject: Tyrus Land Company Variance and Rezoning Request Dear Mr. Roberts: We are writing to voice our ABSOLUTE OPPOSITION to Tyrus Land Company's request for a variance to the moratorium and a request for rezoning in the Carver Avenue and Sterling Street area east of I-494. We join in the arguments made by Mark Bonitz (a copy of which is attached below), George Gonzalez, Joe Bailey, Ron Cackriel, and many many others in this area, in opposition to the requests by the Tyrus Land Company. We are also writing to request that we be added to the City's mailing list for notices regarding any development in this Carver Avenue and Sterling S#reet area. Our mailing address is noted below. Thanks for your attention_ We look forward to seeing you and other members of the Planning Commision on December 19th to formally note our opposition to Tyrus Land Company's requests. Sincerely, Keith and Uyen Campbell 2564 Haller Lane Maplewood, MN 55119 (651) 714-9742 From: Bonitz Mark SenE: Friday, December 08, 2006 2:49 PM To: 'cityrnuncilCaci.maplewood.mn.us; `iCen RoberEs' Subject: Tryus Land Company Requests For Zoning Change & Variance Impartaoce: High pear Mayor, City Council Members ~ Ken Roberts: Earlier this week ~ was made aware that the Tryus Land Company submitted a combined request for a zoning change and variance #o the current development moratorium in south Maplewood. I was not made aware of this by the city even though I five in the area of south Maplewood that is under the current moratorium, Someone needs to review the City of Maplewoad's notification policy. I can assure you from comments of other concerned residents the policy is not workingl Common sense should have dictated that at an absolute minimum, the City should have noti#y aII of the Landowners currently under the moratorium as this developer is requesting a variance from the moratorium itself. As a resident landowner in south Maplewood I u e ou to re ectfull den bath of these ests without re'udice . The ink has barely dried on the enactment of the development moratorium. Most certainly, now it is not the time to be examining snapshots of "islands" in south Maplewood. Instead, we need to take the time to explore and refine the vision for this area. Not just for the developers but for the current and future residents of south Maplewood . A ain, I u u to enforce the torrent Boni end deveio meat moratorium to a1/ow us time to cam /ete the work we have a/read a reed needs to 6e done. Furthermore, in response to the Tryus Land Company's specific justification I submit the fallowing for your consideration; 12/11/2006 Packet Page Number 94 of 220 Page 1 pf l Attachment 25 Ken Roberts From: dickstehr@earthlink.net Sent: Thursday, December 07, 20E361:02 PM To: Diana Langrie (Externs!); Ken Roberts Cc: hrcbailey@comcast.net Subject: Do not approve the variance request v# Tyrus Land Co _ Ken Roberts Mayor Longrie I oppose the Moratorium variance and re zoning request by Tyrus Land Company fior the St Clair Hills Housing at Carver and Sterling. This unique historic and natural area must be studied with in the context of an overall plan far the Fish Creek Area. This is a critical site bordering the creek. The Comprehensive plan should be supported and a participative process used tv develop a vision for the area that includes the input of all the stakeholders and particularly the residents of the Fish Creek area. To approve the variance at this critical juncture of the newly initiated effort to develop a vision for the area would severely limit options for connecting key resource areas of the Fish Creek and encourage a wide spread push to develop areas before a study gets a chance to mature . Please retain the moratorium and do not grant the variance or rezoning request! Sincerely , Dick Stehr 2573 Haller Lane E Maplewood, MN 12171200b Packet Page Number 95 of 220 Attachment 27 Ken Roberts Frgm: GREGORY THOMF'SON [thompsong@prodigy.net) Sent: Sunday, December 10, 2006 8:24 PM To: Ken Roberts Cc: Diana Langrie (External) 5~bject: Re: rezoning Carver Avenue property To: City of Maplewood Ken Robers - Planner cc: Mayor Longrie December 10, 2006 Re: Moratorium variance and rezoning requests Submitted by Mr. Jensen of Tyrus Land Company Mr. Roberts: We have reviewed the request submitted by Mr. Jensen of the Tyrus Land Company for a variance on the moratorium currently in place for land south of Carver Avenue. The moratorium was put in place by the City Council in November so the effects of development in the Fish Creek area could be studied. It is our understanding that the land to be developed by Tyrus Land Company abuts the Fish Creek open space and would impact the creek area. Mr. Jensen has also requested that the area be rezoned from R1-R to Rl. This was also one of the items that the City Council specifically addressed at the meeting in November and was to be included in the study under the moratorium. It is our desire that Mr. Jensen°s request be denied. Sincerely, Greg and Carol Thompson 1528 Haller Ct. S. Maplewood, MN 55119 Packet Page Number 96 of 220 __ _ - _ Page 1 of Z At:t:achment 28 Ken Roberts Frain: Jucaerb@aol.com Sent: Wednesday, ^ecember Q6, 200611:18 PM To: City Council; Ken Roberts Subject; Request for Variance/So.Mplwd Mayor Longrie, Council Members, Mr. Ken Roberts l have become aware of a developer formal request for zoning change and variance from the south Maplewood moratorium, an property east of 494. I wish to again confirm my support for the moratorium on all property south of Carver Ave. The contractor/developer conclusion that, "The subject property is ripe for regular residential development", is an opinion contrary to the majority view of interested organizations and citizens of Maplewood. What is regular ?The word itself lacks limits. Let's take the time to address inconsistencies in zoning and land use in this beautiful and unique area of the city_ We need to balance development within parameters recammended.by the planning commission. Let`s take the time to do it righ#. When it's Bane it's gone. Respectfully, Carl Erb 2354 Heights Ave. E. Maplewood, MN 55119 12/7/2006 Packet Page Number 97 of 220 A~~.ach~nent 29 To: City of Maplewood Ken Roberts -Planner Ken.Roberts@CI.Maplewood.MN.US. Cc: Mayor Diana Longre rna orlon e ahoo.com December 5, 2006 RE: The Moratorium variance and rezoning requests - St. Clair Hills Housing Development -Carver Avenue and Sterling Street (East of I-~94) Maplewood - requested by Jamie Jensen of the Tyros Land Company. My Comments on the request: I am against this variance and rezoning request because it will disrupt and interfere with the one-year moratorium that the City of Maplewood has had the foresight to recently put into place. This unique area needs to be studied as whole for its historic value, potential traffic problems, the lifestyle preference of the present residents and many other issues. Because it is important to study the area as one complete piece, it is not appropriate to allow any pieces to be excluded - especially the particular site in question, that directly borders on Fish Creek and is close to areas where Native American artifacts have been found (artifacts have been found on both sides of I-494 east and west. The City Council chose to support the Maplewood's Comprehensive Plan that specifically honors historical.areas and citizen's lifestyle choices. I support the City's moratorium and its plan to take responsible action. It is important to bring together staff anal the proper committees to research and study all of the area included in the moratorium, sd that well thought out decisions can be made as to how this area can be responsibly conserved, zoned and developed in a way that respects the Comprehensive Plan, the land, and the neighborhood lifestyle. The site that Tyros Land Company wants a variance and rezoning on is an integral part of the area to be studied. It is directly related to Fish Creek and on the path that ties the Mississippi River Corridor to Carver Lake. Therefore, I want this variance and rezoning request denied. I trust that the city will engage in this process with all parties involved to insure that the thoughts, opinions, and perspectives of all its citizens are respected. Sincerely, _. ~. 1 ~~ ~ ~~ ~,~ ~ ~~~~~~ Packet Page Number 98 of 220 Attach€nent 30 PROPOSED ORDINANCE MODIFYING 7HE R-1 R (RURAL SINGLE-DWELLING RESIDENCE) ZONING DISTRICT THE MAPLEWOOD CITY COUNCIL the following changes to the Maplewood Code of Ordinances: (Deletions are crossed out and additions are underlined.) This ordinance shall take effect after the city publishes it in the ofFcial newspaper. Section 1. This section changes Section 44-9 as follows; Section 44-9. Zoning Districts. The city is herby divided into the following zoning districts: F, Farm Residence District. R-1, Residence District (Single Dwelling}. R-1 R, p:~~°' ~~^^'°-~1d1II~lL°^ n'°+~,^+ Rural Conservation Dwelling District R-1 S, Small-Low Single-Dwelling District. R-2, Residence District (Double Dwelling}. R-3, Residence District (Multiple Dwelling}. R-E, Residence Estate District. NC, Neighborhood Commercial District. CO, Commercial Office District. BC, Business and Commercial District. LBC, Limited Business Commercial District. BC(M} Business Commercial Modified District, 5C, Shopping Center District, M-1, Light Manufacturing District. M-2, Heavy manufacturing District, -• Section 2. This section deletes, modifies and adds to Sections 4411T through Section 44-150 as follows: DIVISION 3.5 R•1~R) of ions ci~Er_i ~_rnn~~i ~ ~~ir_ n~eTnirT RURAL CONSERVATION DWELLING DISTRICT Sec. 44-117. Pupose and Intent. The Cif of Maplewood finds that there is a direct link between the natural systems and character that exists throughout certain areas of the community, The_ requirements of this Rural Conservation Dwelling District are meant to preserve and enhance the,ecologicallaesthetic character byproviding incentives fhat:1}reinforce and establish ecological connections throughout the cif: 2) orotect and enhance of drainageways and water quality; 3,~ orotect and enhance ecological communities; 4) preserve and improve of vistas and 5) preserve or reinterpret local historical landmarks, . To allow for and to protect a veyN~ semi-rural, residential life style, the city creates tl~e R-1 R zoning district that is intended to encourage conservation based development. This zoning district is for the areas of Maplewood that are not suitable Packet Page Number 42 v€188 Packet Page Number 99 of 220 for suburban or tract development because of topography, vegetation or other factors that make the area unique. the _ .The city finds the most suitable use of these areas is single dwellings on large lots, but.is interested in protecting the natural resources and will encourape developments to follow the conservation principles and initiatives identified in subsequent sections of this ordinance, To further su ort the rural ualit of the area the densit calculations in the R-1 R district shall be calculated on a net acre basis which is fiurther described Section 44-130 b of this ordinance. dash--Low-density residential development and conservation development will lessen grading and soil erosion and will help protect ground wafer, vegetation and wooded areas, Sec. 44.198. Uses. The Cify shalt only allow the fiollowing uses: (a) Permitted Uses 1} Any permitted use in the R-1 District, subject to its regulations. (b) Conditional uses. The City may permit the following by conditional use permit: 1 } Any use allowed by conditional use permit in the R-1 (single dwelling) District, 2) Commercial faming or gardening, including the use or storage or associated equipment, when an a property with a single dwelling. 3) Stands for the sale of agricultural products grown or produced an the property, 4} Metal storage buildings, commonly known as pole barns or agri-buildings, subject to the applicabie size and height requirements, (c) Prohibited uses. The city prohibits the following uses in the R-1(R} zoning district; 1) Accessory buildings without an associated single dwelling on the same property. 2) Reserved. Sec. 44.119, Height of buildings. _ The maximum height of asingle-family dwelling shall be thirty-five (35) feet, Sec. 44.920. Lot dimensions, tot area, width requirements, and side ards. (a} No person shall build a single dwelling on a site less than eighty seven thousand one hundred twenty (87,120} square fleet (2 acres) in area; unless the conservation desi n rinci les area lied as described in Section 3. (b) Each lot or parcel shall have enough area or usable space for a house, driveway, welt and individual sewage treatment system (ISTS} with a primary and secondary site or a_ n acceptable design and plan for a communit se tics stem or re Tonal sewer, (c) Each dwellinp_.and anv accessory structure(s) shall have side yard setbacks as defined in table 44-12q.1 of a-,......._ /Qfll fno from,...,. antl shaii be measured,from the property line to the structure ~ ni.ln nrnnnrF„ The following exceptions_to this standard shall apply' 1) The side_yard on the street side of a corner lat-shall have a width of at,.least thirty (30~ feet. 2) When a ro ert owner uses two 2 or more ad'oir~in lots as a sin le-buildin site the side and re uirements shall a I onl to the outside lot lines, Packet Page Number a3 of 188 Packet Page Number 100 of 220 (d) The fallowin table identifies the minimum lot area and lot width based on the conservation tiers: Table A4-120.1 Conservation Tier Density Minimum Area Minimum Side-Yard Front Yard- . Ran e Fronta e Setback Setback Tier I 0-2 Princi les 0.5 -1.5 UTA _1.5,000 SF 100' 30' 50' Tier II 3-5 1.6 - 3,5 UTA 101000 SF 80' 15' 30' Princi les Tier I 116-7 3.6 - 4.3 UTA 7,500 SF 50' 10' 20' Princi les (e) Each interior lot shall have at least fifty (50) feet of frontage on an improved public street, (f) Each corner iat or parcel shall have of least eighty (80) feet of frontage on each of the public streets. Sec. 44-121. Front Yards. (a) Each dwelling and any accessory structure(s) shall have a front yard setback as defined in table 44-120.1. Except that: 1) if each of the lots next to an interior lot has a dwelling, the minimum setback shall be the setback of the adjacent dwelling closest to the street, The maximum setback shall be the setback of the adjacent dwelling #arthest from the street. 2) If subsection (a)(1) above does not apply and there is a predominant setback, a dwelling shall be no further forward and no more than five feet to the rear of the predominant setback. 3) Regardless of the above, if the city council has approved special setbacks for a development, those setbacks shall apply, City approval of a preliminary plat with building pads does not constitute approval of special setbacks, 4) regardless of the above, homeowners may add on to their homes using the existing setback. 5) In all cases the accesso structures shall be no closer than the rind le structure unless approved by the City Council. (b) The director of community development may allow a different front yard setback if the proposed setback would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: 1) The proposed setback would not affect the privacy of adjacent homes, 2) The proposed setback would save significant natural features, as defined in section 9-188, 3) The proposed setback is necessary to meet city, state or federal regulations, such as pipeline setback or noise regulations. 4) The proposed setback is necessary for energy saving, health or safety reasons. Sec. ""-122. ~'~-Q.a`~~;a:. (Moved to previous section and Table) ~e~~;e-Tt~e felfewing~~csep#fsr~s-te#kris~>~;dar~°"~I~-ap~~ ~ , 'rQmnnFc droll onnh~ nnl~i #n #hn nn#ni~n I„F 17 , ...~ u: , Packet Page Number 44 of 188 Packet Page Number 101 of 220 Sec, 44.123. Rear Xards. (a) Single dwellings shall have a rear yard setback of at least twenty (20) percent of the lot depth,~ura rn~r cn43~nnli of fiffv /ri(l} fool ~nih inhnvnr in Inrn (b) Accessory buildings shall have a rear yard setback of at least thirty (30) feet. Sec. 44.924. Tower, antenna and flagpole setbacks. Antennas and flagpoles for residential (non-commercial) use in the R-1(R) zoning district shall meet the same setbacks as accessory buildings in the R-1 (single dwelling) district, Sec. 44-125. Minimum foundation areas; room requirements. (a) The minimum foundation area shall be at least; 1) A one-story dwelling, nine hundred fifty (950) square feet. 2) A one and one-hal# story dwelling, seven hundred twenty (720) square fleet, 3) A bi-level dwelling, eight hundred sixteen (816) square feet, 4) A tri-level dwelling, seven hundred sixty five (765) square feel, 5) A two story dwelling, five hundred twenty-eight (528) square feet. (b) Room size and number shall be consistent with the standards of the international Residential Gode, Sec. 44.126. Building-width requirements, The minimum building width on the primary frontage a~-side shall be at least twenty-one (21) feet, The building width shall not include entryways or other appurtenances that do not run the fully depth of the building. Sec. 44-127. Accessory buildings, (a) Section 44-114 (Accessory buildings) in the R-1 District shall apply to the use and height of accessory iauild'€ngs and garages in the R-1 R zoning district. (b) For lots of at least 2 acres in size the R-1 R zoning district, the fallowing size standards shall apply to accessory buildings and garages: graduated by tier or size of lot? Table_44-127,1 Accessor~Sizes Detached Buildings (Max Attached Garages (Max Combination of detach Area, Square Feet) Area, Square Feet) buildings and attached tiara e Max Area Tier I 1,400 (garages), 1,100 1,400 2,800 other Tier II 1 000 SF Total 1 000 1 480 Tier III 850 SF Total 850 1,000 Sec#ion 3.7his section adds the conservation principles and conservation design standards to the R-1R zonin district. Sec. 44-128. Definitions and Conservation Princi les. The conservation. principles in the following table shall represent the conseryation_incentives for this ordinance. The definitions of each principle follow fl~~ table. All incentives, and subsequent density bonuses as described in Table PackgqetgPage Number ~acke$$Page Number 102 of 220 44-13Q.1, shall only be granted IF they,exreed the minimum standards set forth in the existing City ordinances that relate to environmental protection,as„identified in but are not limited to, Ordinance,.Chapters 12 and 44. It shall be noted that the City has several, ordinances that control and define natural resources and environmenta! uality, in all cases, the more restrictive ordinance shall apply an_ci,,,it is the developer's responsibility_,todlscuss any issues or trestions re ardin the a licable ordinances with the Cit Planner, The developer shall be aware that,the conservation pr%nciples shall be subject to the recommendations of the_ci#y staff, applicable commi,5sions, planning commission and, u,lti,mate approval ~y the City Council. As stated in Sec..44-'129 the Developer shall be„reauired to work,closely with these bodies to develop a plan that supports the goals and objectives„for the R-1R District. Without Council approval the Dev_ eloper will be entitled to a base entitlement of one unit per two acres with a 2 0 acre lot-minimum. In all cases the Developer shall receive a density bonus as described in Table 44-13D.,,1,ONLY if the development integrates the Conservation Principle, as a dominant theme_,fhrouohout the proposed development. This shall be required. of all proposed conservation principles. The City's objective is to maintain the rural gualitxof the, R-1R district and encourage conservation principles and, development in the city's areas with natural resource quality Table 44-128,1 identifies the Conservation Principles that may qualify for density incentives The table,,.s categorized into two groups; Group A -Natural Characteristics and Group B -Design Characteristics ,._The shall be required to present a diverse set of conservation principles for a site_.,,,Additianally, the developer is encouraged,_to use a mix of conservation principles and may not duplicate principles and receive a densit, incentive in exchange, Far example if the developer~roposes to preserve a large wooded area and consequently preserves.,ap important stand of oak trees the develo er will receive the densit incentive far one conservation rind le not two. Table 44-128.1 Conservation.Principlesfnr Densifv Incentives Grou A: Natural Characteristics - Grflup B: Design Characteristics Additional Shoreline Buffers Clus_ tering Additional Stormwater Management CreatelDevelo~Trai1 Connections Creek Restoration Mana ement Create Passive Parks Dedicate 50% 0 en S ace Energy E~ciency EnhancelPreserye large wooded areas ~r forest Historic Preservation Enhance Wetlands Create Mana ement Plan LEED Certified BuildingslDevelgpment Prairie Restoration Law Im act Develo ment LID Slo e Buffer Preservation Preserve and Establish Natural Area Greenways Tree Preservation Vista ShedlCorridor Preservation GROUP A; Natural Characteristics The following conservation principles are defined fior this ordiance as natural char~cte~ristics because the directly ably specifically to naturally occurring characteristics on a site. The principles are presented in alphabetical order. Addifional Shoreline 8uffers:_Beyond those already identified in the Sh,ore,land Overlay District, the creation and plan tar permanent_protection of protective buffers,around those areas which are more sensitive to the negative impacts of develo ment es eciali areas that are defined as bluffs or stee slo es where critical habitat ma dwell near Packet Page Number ~ac~e~~age Number 103 of 220 historic tree clusters or her~tage_tre~s etcetera for which the additional buffers may vary or be averaged near the loco#ion of protection importance, Additional Storm~vater Management: The City. has existing stormwater management policies but there is opportunity ~...._ to further im rave the stormwater mono ement an a site, The develo er shall be iven a densit bonus n~for a stormwater management plan, and implementation that exceeds the Cites exi5ti~q-policy. .--- _ ....._ . -. Creek restoration management.' Restoration proiects that the City believes would assis# in the restoration of the stream or natural creek that com ensa#e for the loss of ast uses of the watershed due to contamination erosion and other influences or issues. S ecific f es of ro'ects ro osed for im lementation as art of a develo meet ion would be those that enhance habitat, water quality, and flaw regime such as storrriwatpr management, stream channel stabilization or greenways by implementing canservatio,n easements, or additional buffers in riparian corridors, Dedkate 50% Open Space: Open space is defined as public or public) held ~n~ nri,rn#n land that is generally ..Y.. _,,.....~ natural_in character and contains relatively few human-made structures, ~~# iariu ha ni,r°^ The Developer cari achieve a density bonus for dedication of 50% of a site to open space. ~f ~.r°#~nn.l~ nr nnnn urn#nr nrn nrnnnni nn n Theo ens ace dedication must be develo able or have buildable uaiities in order to achieve this principle. This conservation principle will be mandatory to achieve the full density allocation. Enhance/areserve large wooded areas or forest: An act of deliberately avoiding the removal of clusters of structurail I~ealth~mature trees and un_derstor~es which are native fo the area and non-invasive, individual heritage trees which a__re structurally healthy and greater than 20 caliper inches in order to protect the present or future value for their use in rotection from erosion for their landsca e and aesthetic value for their use in screenin develo mentor for other environmental or intrinsic benefits, To meet this standard, the developer must~repare a heaittr assessment of the trees on site, and must show a polygon area on the site with permanent protection plan, that the developer shail implement, for the areas to be preserved and a management plan including removal of invasive species on the site. Enhance wetlands, create a Comprehensive Wefland Manaaemenf Plan fCWMP1: A plan to resolve development and protection conflicts where wetlands affect a significant portion of a communes. The plan encompasses the identification study and__evaluation of Wefland functions and community values, and development needs and investments with regard to wetlands protection, enhancement and regulation, The applicant shall be required to create a plan, that the developer shall implement, that exceeds the standards of the adopted Wetland Ordinance, Prairie Restoration: After erformin a historical anal sis to determine re-settlement conditions re area Ian for prairie restoration with a specific management strategy that the developer shall implement, over the course of five years in order to assure that the prairie establishes, This plan shall be submitted and approved by the City's Natural Resource Coordinator_to_deterrpine if_it_meets this. requirements and subsequently qualifies for the density bonus, Slope buffer preservation: A development plan that deliberately avoids placing any r#r~ ~^+~rr~r lots, in the buffer area of_a slope exceeding 12 percent, or as described in the citX's sloe ordinance section 44-1238 and bu,iiding_ csde section 12-3Q8. The devefoper_shali establish a buffer with permanent protection to demonstrate haw the buffer and_slape is protecfed and the purpose of the protection measures and.how it,exceeds the current slope ordinance Packet Page Number 47 of 188 Packet Page Number 104 of 220 requirements~Cfed~t A density, bonus will be aiven for those plans that exceed the standards identified in the current steep slopes ordinance, ~~_~~~~ Tree Preservation: Through means of a tree inventory, identifying the most significant trees on a site and permanently protecting them, The Developer shall be required to p,re5ent a plan for prgtection of these trees; and-will, - be required to demonstrate__h_owthgise trees will be integrated as a key component of the development-E ar~I~ES GROUP B: Desi n Characteristics The following conservation principles relate to the desi, n of a proiect or of a site„-The principles are presented in alphabe#ical order. Clusfering_A design_ technique that groups housing or development sites in a manner that allows,for the conservation and preservation of open spaces„such as farmland natural,areas including habitat areas and open vistas v+ews, Create/Deye!_op lrarl connections: A plan, that iElustrates the developrent of trails that are indicated an the Parks, Trails and Open Space Plan map as part of the subdivision process whether„active or passive in nature, with an emphasis_on creating trail connections to existing trails. Sfe~-A density bonus will be,.g,iven for the development and construction of the trail not fo,r the„tan ,_,,. , he city's parkland dedication, fees, d dedication which will be considered part of t,,,,,~ Create assive arks: An area set aside throe h the develo ment rocess that is environmental) sensitive and ma or may_not be developable, These parks may support passive a>es_s_uch as walking trails, boardwalks and nature observation areas, but some areas may be too envirnnmentaliy sensitive.to_accammodate any_public,access Credit A density bonus will only be given for passive dedication areas that are permanently_protected and that are dedicated to a public entity Energy efficiency: lJsng the Minnesota Greenstar Praaram develop energy„F,ff_icient and Greenstar rated ~roiects and t?giltlings. Credit--A density banus,will„be aiven when the developer utilizes the program to.,cre~te a `theme' in a development and uses the Greenstar and conservation principles in marketing, the protect Nigforic Preservation: ~identifyinq,and~rotecting through permangnt means, an~,historically significant areas on a snecific site. ...,.. ........ T, _ ' , If historical preservation is proposed as a conservation,.principles, the city's Historical Preservation Commission shall review and provide recommendations to ti~e_City Council regarding this principle To reinforce the historical ualit a si na e Ian shall be included to clear) communicate the historical si nificance of the area or artifact. _ cerfr red buildings/developmen _ t (3 Practices ;per structure); A„ngtional set of standards for buildings and neighborhoods that._focuses on the principles of , reen,buildtn, smart growth sustainabilify and healthy living The LEED for Neighborhood Development Rating System provides independent third-party verification that a development's location and design meet accepted high levels of environmentally rosponsible, sustainable develo ment, Credit-•A densit bonus will be iven for a minimum of 3 ractices in the LEER standards certification criteria. The densi bonus shall onl be iven if the LEED standards area lied to all structures throw houf a development. Developers are encouraged, to seek LEED certification: Packet Page Numi~er Peerage Number 105 of 220 L.aw Jm~acf Develop,menf (LID): An ecologically friendly approach to site devvelopmenf and storm wafer management that aims to mitigate development, impacts_tp land, water and air...,Th~._approach emphasizes the integration of site tlesign_antl plannngtechnigues that conserve the natural systems and h, drologic functions of a site In all cases, the developer must minimize the impPrvinus surface coverage to achieve low impact development, and must be a minimum of 5% below the 30% coverage standard allowed. This_must be,accomplished-tn eonju,nctian with other Lib techniques to achieve this~rincipie, In order to achieve this principle the developer rn~ast demonstrate how they will achieve #hese principles. ..._. of imnnn~in~ ro ci irForn onrl rn~rl ~u'~+hc ii nN~' ~, Preserve and 1=sfablrsh NafuraJ Area Greenways; The dedication, maintenance or managemen# of an area identified on the City's Natural Areas Greenway map. The,Natural Area Greenway__is„defined as lar4e contig~rous.areas af~~ natural habitat that cross ownershi boundaries. Vista shed/corridor preservation: A site plan or deveiopment_pattern that is designed,specifically to protect an area ort or near the development site that is viewed,as„integral to protecting the sense of place, whether the features in the vista are cultural, historical or natural or whether they are viewed from the„street or within the development site Sec. 44-129 Application Requirements and Procedures. The develo er shall fallow the ste s outlined below as art of the develo meat review rocess, The develo er shall be required. fa review fhe_contents of this ordinance and prepare a plan consisting of wrjftan and visual documents to support the proposed development, (a} The developer shelf review this ordinance,and.available natural resource,data Tho intent is to establish the property's ecological cannections_ bath within Maplewood and as part of the„rP,gional ecological system If the develo er chooses not to use a conservation a roach the develo er ma develo at the base entitlement of one L} unit per two U acres of, land and skip to step e. ,If the„developer is interesfed in additional units and smaller lot sizes then the develo er shall follow ste s b-e. (b} The developer shall prepare and submit a natural resources evaluation of the site, including all of the followmq elements, this step is in b. ' __ _ ~ preparation for meeting, with the City Planner and should,,, ~ completed prior to developing a concept plan: 1} Troe survey, including all significant individual trees greater than 6 inches in diameter and stands of trees itlentif in trees ecies and size. 2} Wetland inventory, including delineation reports' and MnRAM verification 3} Topographic survey indicating existing drainage„patterns. This shall include one foot f1'1 contours for steep slope areas to better understand„where the top and bottom of ,the slopes are for preservation and placement (c} Te_developer shall set up a meeting with tl~e City.P[anner to discuss and establish,the intent and goal for the subdivision, The rocess shall include a discussion re ardin the a ro riate conservation rinci les as identified in Table 44-128.1 for the s ecific site and shall be based on the relimina natural resource information collected instep (b). The principles„€ltilized to achieve higher densities, on_a site must be reviewed and recommended b the Cit Staff Plannin Commission and a roved b the City Council, The conservation principles and correspottding density bonuses are shown in table,,,44-1301 ttl} The developer shall create a Concept Plan that includes the following information: 1) Abase field Ian which demonstrates the number of allowed lots as determined b the base entitlement of one unit per two acres. Packet Page Number 43 of 188 Packet Page Number 106 of 220 2) A description of the conservation principles that are used.,,gnd the correspandina density_„bonus and unit counf as the developer.understands tt_, This shall also_include inforrpation and data that supports how the concepf plan addresses the conservation principle, and how the_plan meets and exceeds the.standards of the City's existing natural resource ordinances. 3) A graphic that demonstrates,,,, eneralf~how the lots would be laid out and the„unit , pes prap~sed . ~ - . as art of the devela ment. 4) A narrative that describes the conservation principles used in th,e concept plan.,gnd_SUpporfingda#a demonstrating how the concept meets the standards of exis_tinp ordinances, and data demonstrating how the concept plan exceeds them. 5) The developer shall„submit with their,cc~n_ _cept plans-data and reports related to the conservation rp inciples perFormed by a reputable ecologist, or ecological firm, The C%ty steal! reserve the right~if needed to hire their own ecolo ical ex ert at the cost of the develo er to verif and further understand the Ions submitted b the A licant, 6) Submit twenty (20) copies of items 1 throuah 4 for informal or non-bindina comments by Gity Staff Plannino_Commission and Gity Council. Each body will,_provide feedback and recommendations to the.Developer sa thaf they understand the changes they_need to make movi,na forward to the reliminar lat. !twill be u to the Cit Council to make the final decision with res ect to the implementation of the Conservation Principles,and final density of a project. (e) After the coneplan review, the,developer shah take and integratg,the sungestions,and recommendations and prepare a preliminary plat and final,plaf submittal in,accordance with, section 34-5 of the,subdiyision ordinance. (f) A full developer's agreement as well as any_necessary agreements or documents that document the conservation principles and, how they will be upheld will be regtaired as a part of an fy final plat approval. This shall also include, if applicable, any dedication or transfer of property for the purpose of permanent conservation shall be completed prior to final plat approval or building permits or the issuance of any building permit. PackfetgPage Number ~acf e$~age Number 107 of 220 Sec. 44-1311 Density„Bonus Standards The following density gon,usPS shall be rewarded based on the„number of conservation principles (as identified in Table 44-128,1) integrated within a development, The conservation principles and their application_must be agreed to by.. both. the developer and the city. _, . ~a} The. units obtained through the density bonus calculatiort_shali always be rounded down-to the nearest - - whole number, (b) T_h. e.density and number, ~f,units shall be calculated on a net area basis,,_,_~let density shall be defined as the number of dwellin units er acre exclusive of arterial streets and ri ht of wa s stee slo es in excess of 18%], wetlands and water features, and other publicly dedicated improvements such as parks. Table.44-130.1 Density Bonus Allotment fo,r Conservation Principles The following table identifies the baseline entitlement for all property zoned R-1 R of 0.5 Units per acre. All density bonuses are cumulative and the percentage bonus calculated as such De_gSity Number of Density Bonus (Housin,g llnits~ Number of Lots on a 10,4cre R_ anpe Conservation Site f~xam pfe~ Principles _ Tier 1: 0 None -base entitlement of 2 Acre Lots 5 Lofs 0.5 -1.5 1 50% 7:lots 2 100% 10 lots Tier 2: 3 - 16 lots 1.fi - 3,5 4 50% 24 lots 5 100% 32 dots Tier 3; 6 - 36: lots - 3.6 - 4,3 7* 20% 43 ots ~ . The asterisk in Table 44-130,.1 denotes a mandatary conservation,principle of protecting fifty percent (50%.) of a proposed project_in open space: A management plan for all protected open space shall be.,reauiretl to achieve final lat a royal. Potential o Lions include mana ement b a Homeowners Association tledicated.to a ublic use or interested a enc . The City Council approved the first reading of this ordinance on February 9, 2009. The City Council approved the second reading of this ordinance on _ , 2009. Mayor Attest: Packet Page Number F3~o~C~~~'age Number 108 of 220 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MARCH 3, 2009 b. 8:30 p.m. Rezoning Request-R-1 R, Rural Single Dwelling Residential, to R-1 S, Small Lot Single Dwelling Residential, for the property east of 2510 Carver Avenue Planner Ekstrand presented the staff report for this request from Jamie Jensen of Tyrus Land Company for a rezoning from R-1 R, Rural Single-Dwelling Residence District to R-1 S, Small Lot Single-Dwelling District on the south side of Carver Avenue east of 2510 Carver Avenue. Commissioner Pearson said that the R-1 S zoning designation was originally created as a transition to be a bridge between commercial and the R-1 designation and this request does not meet that standard. Commissioner Yarwood asked staff why there were not more citizen comments listed in the staff report and if a survey was mailed. Planner Ekstrand said the neighborhood was notified of the public hearing tonight, but it was considered redundant to send a survey since this information was mailed to the neighbors previously. Mr. Yarwood said this requested rezoning is not consistent with the past several years of planning by the city or the vision of the community for the area of south Maplewood. Commissioner Trippler said he agrees with Commissioner Yarwood's comments and does not see any justification for granting an R-1 S designation for this request. Mr. Trippler said he will vote to deny this request. Commissioner Boeser said he agrees with Commissioner Yarwood's comments. Commissioner Boeser referred to several items in the applicant's letter that he challenged. Mr. Boeser responded to the applicant's letter mentioning that the applicant's comment that his proposed rezoning is in the spirit of the zoning code is inaccurate, corrected the applicant that the planning commissioners are not elected officials but are residents appointed by the city council, and that in reviewing the existing land use map it clearly shows there are no variances from the R-1 R zoning designation abutting or surrounding the site. Mr. Boeser said he will vote to deny this request. Commissioner Martin suggested this proposal might be reconsidered under the new ordinance that would allow conservation principles to be applied for density incentives. Commissioner Boeser asked if this request is affected by the new R-1 R ordinance. Planner Ekstrand said the city attorney has advised that the new R-1 R ordinance does apply to this rezoning request. Planner Ekstrand said the applicant's rezoning request for consideration tonight is for the R-1 S zoning and not for the new R-1 R zoning designation. The applicant, Jamie Jensen of Tyrus Land Company, was not present at the meeting and did not have a representative present. The public hearing was opened for public comments. The following people spoke: Jim Kerrigan, 2620 Carver Avenue, said he is against this requested rezoning and that the applicant has been informed and had plenty of opportunity to voice his opinion for a higher density on his site at any of the various public meetings that have been held previously. Packet Page Number 109 of 220 Planning Commission -2- Minutes of 03-03-09 John Nephew, 628 County Road B East, said he acquired zoning information from the League of Minnesota Cities and he read the state law on standard of review for zoning applications. Mr. Nephew explained that the city would not be required to change the zoning unless the applicant could prove there is something fundamentally wrong with the existing ordinance and that he is entitled to the change. There were no further public comments; the public hearing was closed. Commissioner Boeser moved to deny the proposed zoning map change from R-1 R, Rural Single Dwelling Residence District to R-1 S, Small Lot Single Dwelling District, for the proposed conceptual 16-lot Saint Clair Hills single-dwelling housing development east of 2510 Carve Avenue, based on the following reasons: 1. A rezoning would not be consistent with the spirit, purpose and intent of the zoning code which is to provide larger lots. 2. The proposed R-1 S zoning would not be in character with the neighborhood since this neighborhood is not developed with lots of this small size. 3. The proposed change would not serve the best interests of the community since the city council, based on substantial citizen input, has determined that a lower density in this neighborhood is preferred. 4. The proposed change is not consistent with the current or future comprehensive plan. Commissioner Martin seconded Commissioner Pearson referred to the fact that the R-1 S zoning was not designed for this requested kind of application in the first place. The commission voted: Ayes -all The motion passed. Packet Page Number 110 of 220 Agenda Item L2 AGENDA REPORT TO: James Antonen, City Manager FROM: Charles Ahl, Director of Public Works SUBJECT: I-94 Transportation Corridor a. Resolution Approving Joint Powers Agreement b. Resolution Appointing Commission Member and Alternate DATE: March 17, 2009 INTRODUCTION/SUMMARY Washington and Ramsey County are pursuing the development of an I-94 Corridor Coalition through the adoption of a Joint Powers Agreement (JPA). The purpose of the Corridor Coalition is to study and support funding for transportation-related upgrades and improvements on Interstate 94 from St. Paul to the Wisconsin border. This agreement formalizes the efforts that will be undertaken to address transportation/transit issues and opportunities in the I-94 corridor. The Counties are requesting that the Cities along the Corridor join in their efforts by designating a representative to this Coalition. On March 10th, the agreement was approved by the Washington County Regional Rail Authority. It is anticipated that the Ramsey County Regional Rail Authority will act on the agreement at their March 17th meeting. Once Ramsey and Washington County approve the agreement, the coalition officially becomes effective. The next step after County approval will be for each of the communities to make a decision about entering into this agreement to be part of the I-94 Corridor Coalition. A final version of the JPA is attached. ACTION NEEDED The City of Maplewood is proposed as anon-financial member of this Coalition. All costs and financial responsibilities are the responsibility of the Washington County and Ramsey County Regional Rail Authority. As anon-financial member, Maplewood would have one representative and one alternate with a term through January 15, 2010. A first action is needed to approve entering into the Joint Powers Agreement. A second action is needed for the Council to appoint a member from the Council to represent Maplewood on the Corridor Coalition along with an alternate. Approval of the JPA is recommended. RECOMMENDATION It is recommended that the City Council adopt the attached resolutions, the first approving the Joint Powers Agreement for the Interstate 94 Transportation Corridor Coalition and a second resolution appointing one member of the Council as the representative and a second member of the Council as the alternate to the Coalition. Attachments: 1. I-94 Transportation Corridor Joint Powers Agreement 2. Resolution Approving Joint Powers Agreement 3. Resolution Appointing Representative and Alternate to Coalition Packet Page Number 111 of 220 Agenda Item L2 Attachment 1 JOINT POWERS AGREEMENT ESTABLISHING THE INTERSTATE 94 CORRIDOR COMMISSION THIS AGREEMENT, is entered into by and between the undersigned Regional Railroad Authorities, Cities, and Townships all being governmental units of the State of Minnesota, pursuant to the authority contained the Minn. Statutes §§471.59 and 398A. WITNESSETH WHEREAS, the Interstate 94 Corridor is defined as the transitway corridor originating at the Union Depot in downtown St. Paul and traveling east through Washington County with connections to other multi-modal transportation options; and WHEREAS, the Interstate 94 Corridor has significant transportation safety, and land use issues; and WHEREAS, there are opportunities for a variety of multi-modal transportation improvements to the Interstate 94 Corridor, including light rail transit, bus rapid transit or commuter rail along with multi-use trails, Intelligent Transportation Systems (ITS) and roadway improvements as related to the implementation of light rail transit, bus rapid transit or commuter rail; and WHEREAS, the parties wish to collaboratively plan for multi-modal transportation improvements to the Interstate 94 Corridor and for the related land use and development impacts; and WHEREAS, the Interstate 94 Corridor Commission intends to work collaboratively with the Minnesota Department of Transportation and the Metropolitan Council for the planning and development of light rail transit, bus rapid transit or commuter rail along with multi-use trails, Intelligent Transportation Systems (ITS) and roadway improvements as related to the implementation of light rail transit, bus rapid transit or commuter rail in the Interstate 94 Corridor. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the parties hereto agree to as follows: ARTICLE 1. DEFINITIONS Unless context otherwise requires, the terms defined in this section shall have the meanings stated herein: Agreement means this Joint Powers Agreement as it now exists and as it may hereafter be amended. Commission (I-94 Corridor Commission) shall mean the Joint Powers body established hereby 1 Y.~VvukhSvl~bi~L:~=-,=-~!~~l- ~~ Jl:~_=-=-~~~~hinnl~~.i~hSignn~ur~.aoc Packet Page Number 112 of 220 Agenda Item L2 Attachment 1 Party or Parties shall mean any Regional Railroad Authorities, Cities or Townships identified in Article 6 of this Agreement as signatories to this Agreement. Financial Parties shall mean the financial party or parties so identified in Article 6 of this Agreement. Interstate 94 Q-94) Corridor shall be defined as the Interstate 94 transportation corridor originating at the Union Depot in downtown St. Paul and traveling east through Washington County. Member shall mean an individual appointed to the Commission as provided in Article 4 of this Agreement. uorum shall mean a majority of members, provided such majority includes at least two (2) Financial Members as defined in the Agreement. A quorum shall not be found if fewer than two (2) Financial Members are present. ARTICLE 2. PURPOSE The purpose of this Agreement is to form a j oint powers board under the provision of Minnesota Statutes Section 471.59 and 398.A to enable the parties to cooperatively analyze the feasibility, environmental impacts, engineering, and construction of multi-modal transportation improvements in the I-94 Corridor including light rail transit, bus rapid transistor commuter rail along with multi-use trails, Intelligent Transportation Systems (ITS), roadway improvements as related to the implementation of light rail transit, bus rapid transit or commuter rail and the associated land use and development impacts. These activities may include but not be limited to the acquisition and management of federal, state, and local funding in conjunction with the Minnesota Department of Transportation and the Metropolitan Council, and may perform any responsibilities delegated by the Commissioner of Transportation or Metropolitan Council Chair subject to the conditions that sufficient funds are received. The Parties will communicate and coordinate the Commission's activities as necessary with private corporations, state agencies, counties, municipalities, the Federal Transit Administration, other regulatory, planning, and funding agencies, and other stakeholders for advancement of the Commission's purposes. The method of accomplishing the purpose of this Agreement is the establishment of a Joint Powers Board to provide a mechanism whereby the Parties jointly address the stated purposes. ARTICLE 3. TERM This Agreement shall be effective (the Effective Date) and the joint powers board established herein may commence exercising the powers and authorized in this Agreement on the day that the Agreement has been approved by resolution and duly executed by the Ramsey County Regional Railroad Authority and the Washington County Regional Railroad Authority by action of their governing boards. This Agreement shall remain in full force and effect until terminated by the Parties pursuant to Article 10 of the Agreement. Y.~VvukhSvl~bi~L:~=-,=-~!~~l- ~~ Jl:~_=-=-~~~~hinnl~~.i~hSignn~ur~.aoc Packet Page Number 113 of 220 Agenda Item L2 Attachment 1 ARTICLE 4. JOINT POWERS BOARD A. There is hereby created a Joint Powers Board as a public entity, to be known as the I-94 Corridor Commission. The Commission shall be an entity separate from its member Parties and shall not be deemed an agent or partner of the member Parties and the member Parties shall not be liable for the actions of the Commission. The Commission shall have full authority to exercise all powers stated herein. B. The Commission shall consist of one Member and one alternate appointed through resolution by a Party for an initial term commencing with the execution of this Agreement until January 15, 2010. Each Member or alternate must be a member of the governing body, commission, or council which appoints him or her, and must remain so during his or her term. C. After January 15, 2010, the governing body, commission, or council shall appoint by resolution its member and alternate for one year terms. In the event that any Member or alternate shall not have been appointed by January 15 in any year, the incumbent Member shall serve until a successor has been appointed. Removal of any Member or alternate during the term for which the Member has been appointed may be done at any time but shall be done only by resolution of the appointing governing body, commission, or council, or automatically if the Member ceases to be a member of the Party which appointed him or her. ARTICLE 5. VOTING Board voting shall be as follows: Each Financial Party Member receives three (3) votes and each non-Financial Party Member receives one (1) vote. A. In the event that the appointed Member is not present at the meeting, their alternate may cast all of their Party's allocated votes. B. All actions of the Board require both a simple majority vote of the Members present and a simple majority vote of the Financial Members present. However, for all actions involving the expenditure of funds and adoption of the budget, a simple majority of the whole Board plus a unanimous vote of all Financial Members is required. ARTICLE 6. MEMBERSHIP The government units that are eligible for participation in this Commission upon adoption of this agreement by resolution and duly executed by their respective governmental units on or before December 31, 2009 include: A. Financial Parties a. Ramsey County Regional Railroad Authority Y.~VvukhSvl~bi~L:~=-,=-~!~~l- ~~ Jl:~_=-=-~~~~hinnl~~.i~hSignn~ur~.aoc Packet Page Number 114 of 220 Agenda Item L2 Attachment 1 b. Washington County Regional Railroad Authority B. Non-financial Parties a. City of St. Paul b. City of Maplewood c. City of Landfall d. City of Oakdale e. City of Woodbury £ City of Lake Elmo g. City of Afton h. City of Lakeland i. Town of West Lakeland C. If an entity identified in this Article 6 does not elect to become a Party by December 31, 2009, it may do so thereafter by amendment to this Agreement pursuant to Article 11 hereof. D. Following the initial term, Commission Members' terms shall commence on January 15 of a calendar year and end on January 14 of the next succeeding year, or until a successor is appointed. ARTICLE 7. POWERS OF COMMISSION The Commission has such authority as is necessary and proper to make all decisions to carry out its purpose as described in Article 2. Such powers shall be subject to the provisions of Minn. Stat. § 471.59 and 398A and will include, but not be limited to, any or all of the following: A. Adopt an annual budget, together with a statement of the sources of funding and an estimated amount required of each Financial Party. B. Enter into transactions, including contracts or leases, required in furtherance of this Agreement and statutory mandate and enforce such transactions to the extent available in equity or at law. The contracting and purchasing requirements of one of the Financial Parties designated by the Commission shall apply hereto. The Commission may approve any contract relating to this Agreement up to the amount approved in the annual budget and may authorize the Chair of the Commission to execute those contracts. C. Have the power to adopt such by-laws that it may deem necessary or desirable for the conduct of its business. Such by-laws shall be consistent with this Agreement and any applicable laws or regulations. The by-laws may provide for the appointment of ex officio, non-voting members to the Board by the Commission. Approval of the by-laws shall be in accordance with Article 5 of this Agreement. D. Apply for and accept gifts, grants and loans of money, other property, or assistance from the United States government, the State of Minnesota, or any person, corporation, partnership, association, or agency public or private for any of its purposes; enter into any Y.~VvukhSvl~bi~L:~=-,=-~!~~l- ~~ Jl:~_=-=-~~~~hinnl~~.i~hSignn~ur~.aoc Packet Page Number 115 of 220 Agenda Item L2 Attachment 1 agreement in connection therewith to hold, use and dispose of such money, other property; and assistance in accordance with the terms of the gifts, grants, or loans relating thereto. E. Acquire and hold such real and personal property as may be required to accomplish the purposes of this Agreement and, upon termination of this Agreement, make distribution of such property as is provided for in this Agreement. F. Employ agents and employees, and to fix the compensation and all other terms and conditions of employment thereof. G. Incur debts, liabilities, or obligations which do not constitute a debt of any of the Parties. The Joint Powers Board does not have authority to incur debts, liabilities, or obligations which constitute a debt of any of the Parties. The obligations or other forms of indebtedness must be issued in the same manner as would apply to one of the Financial Parties. H. Enter into agreements and non-binding memoranda of understanding between the Commission and the United States government, the State of Minnesota, or any person, corporation, partnership, association, or agency public or private in accordance with applicable law. I. Sue and be sued in its own name. All powers granted herein shall be exercised by the Commission in accordance with the legal requirements applicable to the regional railroad authorities. ARTICLE 8. OFFICERS, EMPLOYEES, AND SERVICES A. Chair and Vice-Chair The Commission shall elect a Chair and Vice-Chair at its first regular meeting each year. The Chair and Vice-Chair shall consist of at least one Financial Party member. The Chair and Vice-Chair shall be elected by the Commission for a term of one (1) year. The Chair shall preside at all meetings of the Commission, may establish such committees as maybe needed from time to time and shall perform other duties and functions as may be determined by the Commission. The Vice-Chair shall assume the duties of the Chair during the absence of the Chair and perform such other duties as may be determined by the Commission. If both the Chair and Vice-Chair are absent, the Commission may elect a temporary Chair to conduct its business, provided a quorum is present. Election of a temporary chair shall be by a simple majority vote of the quorum. B. Executive Committee The Commission may establish an Executive Committee of the Commission consisting of the representative of each Financial Member. The Executive Committee shall develop and make recommendations to the Commission regarding the ongoing responsibilities of Y.~VvukhSvl~bi~L:~=-,=-~!~~l- ~~ Jl:~_=-=-~~~~hinnl~~.i~hSignn~ur~.aoc Packet Page Number 116 of 220 Agenda Item L2 Attachment 1 the Commission and shall have such other duties as set forth in the Commission's by- laws. C. Staff Any Party may provide staff support to the Commission subject to the approval of the Commission. D. Vacancies If an appointment of any Member or alternate is vacated before the end of his or her term, the vacancy shall be filled by appointment by the appropriate Party pursuant to Articles 4 and 6 of this Agreement. Vacancies shall be filled within thirty (30) days of their occurrence. A vacancy shall be deemed to have occurred when any of the conditions specified in Minn. Stat. § 351.02 exist. E. Meetings The Commission shall meet at regular intervals at such times and places as the Commission shall establish in its by-laws. Special meetings maybe held on reasonable notice by the Chair or any two members upon terms and conditions as the Commission may determine and that conform to the Minnesota Open Meeting Law, Minn. Stat. § 13D. F. Committees The Commission may establish standing committees of the Commission by providing for such committees by resolution. The Chair may establish ad hoc committees of the Commission. ARTICLE 9. FUNDING It is understood by the Parties that the activities and duties of the Commission are to be funded primarily by grant monies from the United States Government, the State of Minnesota or any other association or agency. Nevertheless, the Financial Parties identified in this Agreement agree to provide funding, if necessary, for the feasibility, environmental impacts, engineering, and construction of a multi-modal transportation improvement in the I-94 Corridor including light rail transit, bus rapid transit, commuter rail, multi-use trails, and Intelligent Transportation Systems (ITS) along with the associated land use and development impacts, and administrative expenses of the Commission (to the extent not covered by grant funds), and other items deemed necessary to facilitate development of the corridor The Financial Parties will establish an initial budget. The Financial Members contribution to the initial budget and all subsequent budgets shall be allocated as follows: 50% Ramsey County Regional Railroad Authority 50% Washington County Regional Railroad Authority Each Financial Party shall pay its appropriate initial contribution to the regional railroad authority acting as fiscal agent of the Commission within sixty (60) days of the Commission approving a budget. Y.~VvukhSvl~bi~L:~=-,=-~!~~l- ~~ Jl:~_=-=-~~~~hinnl~~.i~hSignn~ur~.aoc Packet Page Number 117 of 220 Agenda Item L2 Attachment 1 A. Annual Budget For the calendar year next following the calendar year in which the Effective Date occurs and all subsequent years, the Commission shall establish and approve a budget. Each Financial Member shall be assessed for its proportionate share of the budget according to the schedule established above. The Commission shall establish its first budget within sixty (60) days of the commencement of the Commission. B. Financial Members' Budget Auuroval Adoption of the budget and any other matter requiring expenditure of funds shall be in accordance with Article 5 of this Agreement. C. Contribution Date Except for any initial contribution required by this Agreement, assessments made under the provisions of this article shall be paid by each Financial Party by January 15 of each year. The initial contribution shall be made within sixty (60) days of the adoption of the budget pursuant to Article 7(A) hereof. D. Bud~etin~, Accounting, Fiscal Agent, and Other Services The Commission may contract with any Party to provide contract management, legal review, and budgeting and accounting services necessary or convenient for the Commission and otherwise act as the Commission's fiscal agent. Such services shall include, but not be limited to, management of all funds, including contributions and grant monies, payment for contracted services, and relevant bookkeeping and record keeping. The contracting and purchasing requirements of the Party so selected shall apply to transactions of the Commissions. Such Party shall identify the staff person to work as liaison with the Commission. E. Accountability for Funds All funds shall be accounted for according to generally acceptable accounting principles. A report on all receipts and disbursements shall be forwarded to the Commission on an annual basis. The Parties have the authority to request reports pertaining to any and all budgeting and accounting services. All interest earned from established Commission funds shall be credited back to that same fund. ARTICLE 10. WITHDRAWAL AND TERMINATION A. Withdrawal Any Party may withdraw from this Agreement upon 90-days prior written notice evidenced by resolution of the Party's governing body to the Commission. In the event of withdrawal by any Party, this Agreement shall remain in full force and effect as to all remaining Parties. B. Effect of Withdrawal, Disuosition of Prouerty, Funds, and Obligations A Financial Party withdrawing from this Agreement shall, prior to such withdrawal, pay the full amount of any unpaid assessments to the Commission as defined in Article 9. A Party withdrawing from this Agreement shall not receive a distribution of property or Y.~VvukhSvl~bi~L:~=-,=-~!~~l- ~~ Jl:~_=-=-~~~~hinnl~~.i~hSignn~ur~.aoc Packet Page Number 118 of 220 Agenda Item L2 Attachment 1 funds until such time as this Agreement is terminated by all Parties pursuant to this Article 10. Such disposition of property shall be in accordance with the provisions of Section D of this Article 10. Any Financial Party withdrawing shall be liable for any assessment in the year in which the withdrawal becomes final only for the period in such year that the Financial Party remains a party. The Financial Party's assessment shall not exceed the sum of one- twelfth (1/12th) the full assessment multiplied by the number of months or fractions thereof in the year during which the party remains a party. C. Termination This Agreement shall terminate upon the occurrence of any one of the following events: a. When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or b. When all of the Financial Parties agree, by resolution adopted by the respective governing bodies, to terminate this Agreement and all obligations of the Commission shall have been paid or otherwise defeased in full. D. Disuosition of Prouerty and Funds At such time as this Agreement is terminated, any property interest remaining in the Commission, following discharge of all obligations owed by the Commission shall be disposed of and the proceeds of the property shall be returned to the Parties in proportion to their contribution. E. Effect of Withdrawal of Financial Party on Budget In the event a Financial Party withdraws, the unpaid assessment allocable to such member in the year of withdrawal and subsequent years shall be reallocated to the remaining Financial Party. ARTICLE 11. MISCELLANEOUS A. Amendments This Agreement may be amended by unanimous agreement of the Parties as evidenced by resolutions adopted by the respective governing bodies. B. Records, Accounts, and Reuorts The Commission shall establish and maintain such funds and accounts as may be required by good accounting practices. The books and records of the Commission shall be subj ect to the provisions of Minn. Stat. Ch. 13, the Minnesota Government Data Practices Act, and Minn. Stat. § 16C.05, subd. 5. The Commission, within one hundred twenty (120) days after the close of each fiscal year which shall be January 1 to December 31, shall give a complete written report of all financial activities for such fiscal year to the Parties. Y.~VvukhSvl~bi~L:~=-,=-~!~~l- ~~ Jl:~_=-=-~~~~hinnl~~.i~hSignn~ur~.aoc Packet Page Number 119 of 220 Agenda Item L2 Attachment 1 C. Counterparts This Agreement maybe executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. D. Severability The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of the Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. E. Entire Agreement This Agreement constitutes the entire agreement between the Parties and supersedes all prior written or oral agreements relating to the Commission. F. Alternative Dispute Resolution In the event of a dispute arising under this Agreement, the Parties and the Commission agree to attempt to resolve their dispute by following the process described below: a. A Party shall provide written notice to the Commission describing perceived conflict, positions, and underlying reasons. b. The Commission shall provide written response to notice within seven (7) days of receipt of notice. c. The Parties shall meet within 14 days of receipt of response with a neutral facilitator. The neutral facilitator will be a representative from the Minnesota Office of Dispute Resolution. Costs of such facilitator shall be shared equally by all parties to the dispute. d. At the first meeting, the neutral facilitator will assist the Parties in identifying the appropriate Parties and participants in the dispute resolution process, their concerns, a meeting agenda and design for any subsequent meetings. The Parties shall agree on a process for resolving the problem that would involve additional negotiations, mediation, or arbitration. e. In developing the process, the parties will be guided by the following principles: i. the Parties will attempt in good faith to reach a negotiated settlement; ii. the Parties agree that there must be fair representation of the parties directly involved in the dispute; iii. the Parties will use legal proceedings as a last resort; and Y.~VvukhSvl~bi~L:~=-,=-~!~~l- ~~ Jl:~_=-=-~~~~hinnl~~.i~hSignn~ur~.aoc Packet Page Number 120 of 220 Agenda Item L2 Attachment 1 iv. in the event the Parties are unable to resolve the dispute, each Party retains all rights, remedies, or defenses it had prior to entering the process. £ The parties will report to the Commission within 60-days of their first meeting on the resolution of the dispute or a recommendation to commence legal proceedings. G. Minnesota Laws Govern The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the Parties and their performance. The appropriate venue and jurisdiction for any litigation shall be in State district court located within the County of Ramsey, State of Minnesota. Litigation, however, in the federal courts involving the Parties will be in the appropriate federal court within the State of Minnesota. If any provision of this agreement is invalid, illegal, or unenforceable the remaining provisions will not be affected. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the date written below. IU Y.~VvukhSvl~bi~L:~=-,=-~!~~l- ~~ Jl:~_=-=-~~~~hinnl~~.i~hSignn~ur~.aoc Packet Page Number 121 of 220 Agenda Item L2 Attachment 1 WASHINGTON COUNTY REGIONAL RAIL AUTHORITY Myra Peterson, Chair Date Washington County Board of Commissioners James R. Schug County Administrator Approved as to form: Date Asst. County Attorney Date 11 Y.~VvukhSvl~bi~L:~=-,=-~!~~l- ~~ Jl:~_=-=-~~~~hinnl~~.i~hSignn~ur~.aoc Packet Page Number 122 of 220 Agenda Item L2 Attachment 1 CITY OF Mayor Date City Manager Date Approved as to form: City Attorney Date IZ Y.~VvukhSvl~bi~L:~=-,=-~!~~l- ~~ Jl:~_=-=-~~~~hinnl~~.i~hSignn~ur~.aoc Packet Page Number 123 of 220 Agenda Item L2 Attachment 1 TOWNSHIP OF Chairman Date Clerk Date Approved as to form: Township Attorney Date 13 Y.~VvukhSvl~bi~L:~=-,=-~!~~l- ~~ Jl:~_=-=-~~~~hinnl~~.i~hSignn~ur~.aoc Packet Page Number 124 of 220 Agenda Item L2 Attachment 2 Resolution I-94 Corridor Coalition Approving Joint Powers Agreement WHEREAS, the I-94 Corridor currently carries over 130,000 vehicles per day at Highway 52 and 110,000 vehicles per day at Interstate 694; and WHEREAS, the 2030 Transportation Policy Plan has been approved by the Metropolitan Council and shows that traffic and congestion are forecast to increase substantially by 2030 resulting in the entire length of I-94 from downtown St Paul to the St Croix River as being congested; and WHEREAS, the 2030 Transportation Policy Plan identifies the I-94 Corridor as a Transitway Corridor in need of additional analysis; WHEREAS, the transitway analysis is needed to identify how mobility can be maintained and improved in the corridor; and WHEREAS, transitway analysis has been completed on similar Ramsey and Washington County transitway corridors including Red Rock and Rush Line; and WHEREAS, this partnership on these similar transitway corridors has been formalized through a joint powers agreement. NOW THEREFORE BE IT RESOLVED, that the Maplewood City Council hereby approves the I-94 Corridor Joint Powers Agreement, and Be It Further RESOLVED, The Maplewood City Council authorizes the Mayor and City Manager to execute the I-94 Corridor Joint Powers Agreement. Packet Page Number 125 of 220 Agenda Item L2 Attachment 3 Resolution I-94 Corridor Coalition Designating Representative and Alternate WHEREAS, the I-94 Corridor currently carries over 130,000 vehicles per day at Highway 52 and 110,000 vehicles per day at Interstate 694; and WHEREAS, the 2030 Transportation Policy Plan has been approved by the Metropolitan Council and shows that traffic and congestion are forecast to increase substantially by 2030 resulting in the entire length of I-94 from downtown St Paul to the St Croix River as being congested; and WHEREAS, the 2030 Transportation Policy Plan identifies the I-94 Corridor as a Transitway Corridor in need of additional analysis; WHEREAS, the transitway analysis is needed to identify how mobility can be maintained and improved in the corridor; and WHEREAS, transitway analysis has been completed on similar Ramsey and Washington County transitway corridors including Red Rock and Rush Line; and WHEREAS, this partnership on these similar transitway corridors has been formalized through a joint powers agreement. NOW THEREFORE BE IT RESOLVED, that the Maplewood City Council hereby appoints Council Member as the I-94 Corridor Commission representative and Council Member as the alternate for 2009. Said terms shall be effective until January 15, 2010 or until a new designee is appointed by a resolution of the Maplewood City Council. Packet Page Number 126 of 220 AGENDA NO. Ml AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: March 16, 2009 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: $ 457,883.49 Checks # 77845 thru # 77901 dated 02/27/09 thru 03/10/09 $ 156,590.63 Disbursements via debits to checking account dated 02/27/09 thru 03/06/09 $ 438,647.09 Checks # 77902 thru # 77983 dated 3/06/09 thru 3/17/09 $ 409,630.13 Disbursements via debits to checking account dated 3/05/09 thru 3/13/09 $ 1,462,751.34 Total Accounts Payable PAYROLL $ 556,130.82 Payroll Checks and Direct Deposits dated 03/06/09 $ 3,463.32 Payroll Deduction check # 1006944 thru # 1006695 dated 03/06/09 $ 559,594.14 Total Payroll $ 2,022,345.48 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. kf attachments P:WPPROVAL OF CLAIMS~2009~,4prClms 3-06 and 3-131.x1s Packet Page Number 127 of 220 Check Register City of Maplewood 03/06/2009 Check Date Vendor 77845 02/27/2009 00001 ONE TIME VENDOR 77846 03/05/2009 04021 BOYER FORD TRUCKS, INC. 77847 03/10/2009 03576 EUREKA RECYCLING 77848 03/10/2009 00519 FLEXIBLE PIPE TOOL CO. 77849 03/10/2009 03365 NICK FRANZEN 77850 03/10/2009 02728 KIMLEY-HORN & ASSOCIATES INC 03/10/2009 02728 KIMLEY-HORN & ASSOCIATES INC 03/10/2009 02728 KIMLEY-HORN & ASSOCIATES INC 03/10/2009 02728 KIMLEY-HORN & ASSOCIATES INC 03/10/2009 02728 KIMLEY-HORN & ASSOCIATES INC 03/10/2009 02728 KIMLEY-HORN & ASSOCIATES INC 77851 03/10/2009 01546 SUBURBAN SPORTSWEAR 77852 03/10/2009 03727 ADVANCED WATERJET TECH INC 77853 03/10/2009 04246 ALLIANCE OF THE STREETS 77854 03/10/2009 00090 AMERICAN RED CROSS 77855 03/10/2009 03877 ASSOC OF RECYCLING MANAGERS 77856 03/10/2009 00211 BRAUN INTERTEC CORP. 77857 03/10/2009 02345 BRIN NORTHWESTERN GLASS CO 77858 03/10/2009 02929 CNAGLAC 77859 03/10/2009 00309 COMMISSIONER OF TRANSPORTATION 77860 03/10/2009 00358 DGM INC. 77861 03/10/2009 00464 EMERGENCY AUTOMOTIVE TECH, INC 77862 03/10/2009 03097 FIRST LANDMARK BUILDERS, INC. 77863 03/10/2009 00487 FRATTALONE COMPANIES INC. 77864 03/10/2009 02945 HEALTHEAST VEHICLE SERVICES 03/10/2009 02945 HEALTHEAST VEHICLE SERVICES 03/10/2009 02945 HEALTHEAST VEHICLE SERVICES 03/10/2009 02945 HEALTHEAST VEHICLE SERVICES 77865 03/10/2009 03808 ALAN H. KANTRUD 77866 03/10/2009 00789 KATH FUEL OIL SERVICE CO 03/10/2009 00789 KATH FUEL OIL SERVICE CO 03/10/2009 00789 KATH FUEL OIL SERVICE CO 77867 03/10/2009 00813 JIM KRACHE 77868 03/10/2009 00393 DEPT OF LABOR & INDUSTRY 77869 03/10/2009 00393 DEPT OF LABOR & INDUSTRY 77870 03/10/2009 03818 MEDICA 77871 03/10/2009 03270 MICHAEL A. MILLER/ISN 77872 03/10/2009 01085 MN LIFE INSURANCE 77873 03/10/2009 01126 MN NCPERS LIFE INSURANCE 77874 03/10/2009 01057 MN SAFETY COUNCIL 77875 03/10/2009 02909 NORTH AMERICAN SALT CO 03/10/2009 02909 NORTH AMERICAN SALT CO 03/10/2009 02909 NORTH AMERICAN SALT CO 77876 03/10/2009 01184 NORTHERN DOOR CO 77877 03/10/2009 00001 ONE TIME VENDOR 77878 03/10/2009 00001 ONE TIME VENDOR 77879 03/10/2009 00001 ONE TIME VENDOR 77880 03/10/2009 00396 DEPT OF PUBLIC SAFETY 03/10/2009 00396 DEPT OF PUBLIC SAFETY 03/10/2009 00396 DEPT OF PUBLIC SAFETY 77881 03/10/2009 01345 RAMSEY COUNTY 77882 03/10/2009 01345 RAMSEY COUNTY 03/10/2009 01345 RAMSEY COUNTY 77882 03/10/2009 01345 RAMSEY COUNTY 03/10/2009 01345 RAMSEY COUNTY Description REFUND M GOMER CUSTOMER STERLING L8500 CHASSIS RECYCLING -FEBRUARY REPAIR SEWER TELEVISING CAMERA REIMB FOR MILEAGE & INT 12/1 - 2/27 PROJ 08-13 ENGINEERING FEES PROJ 08-16 ENGINEERING FEES PROJ 06-16 ENGINEERING FEES PROJ 07-30 ENGINEERING FEES PROJ 06-17 ENGINEERING FEES PROJ 06-17 PROF SRVS THRU 1/31 T-SHIRTS FOR LOSE2WIN PROG HYDRO STRIPPING SIGN BLANKS POCKET MANUALS FOR SQUAD CARS CHARITABLE GAMBLING MEMBERSHIP FEE PROJ 08-20 PROF SRVS THRU 2/20 MCC EXTERIOR DOOR REPLACEMENT MONTHLY PREMIUM -MARCH PROJ 06-17 SIGNAL PARTS TOW FORFEITURE VEHICLES -FEB NEW CAR LIGHTING #4996 ESCROW RELEASE 452 MARNIE ST S PROJ 06-17 CARMAX/MORGREN FINAL VEHICLE CONVERSION VEHICLE CONVERSION VEHICLE CONVERSION VEHICLE CONVERSION REIMB FOR FOOD FOR COUNCIL 3/2 POLAR PLUS DIESEL ULTRA LOW 10W30 OIL 15W40 CJ-4 OIL BULK DELIVERY INSTRUCTOR FEE MONTHLY SURTAX -FEB 5984123035 REGISTRATION FEES MONTHLY PREMIUM -MARCH YOUTH BASKETBALL OFFICIALS -JAN MONTHLY PREMIUM -MARCH PERA MONTHLY PREMIUM -MARCH MEMBERSHIP DUES ROAD SALT- ROAD SALT- ROAD SALT- OVERHEAD DOOR REPAIR REFUND CORBO HP BENEFITS REFUND E HAMMANG BL-09-20902 REFUND D TARNOWSKI HP BENEFIT REGISTRATION FEE REGISTRATION FEE REGISTRATION FEE HAZARDOUS WASTE GENERATORS PROJ 07-30 RECORDING FEES PROJ 06-17 RECORDING FEES PROJ 07-30 RECORDING FEES PROJ 07-30 RECORDING FEES Amount 392.00 50,797.87 20,063.89 1,796.19 152.15 91,146.35 4,107.50 3, 617.25 1,692.04 1,075.21 5,307.33 147.50 455.40 48.50 2,000.00 20.00 3,910.25 15,550.00 531.50 49.42 1,366.43 4,728.78 504.01 308.00 3,899.24 2,152.89 843.96 252.87 29.99 7,017.11 2,519.79 1,567.68 180.00 441.93 150.00 145,486.67 2,040.00 3,394.70 448.00 375.00 19,486.36 2,571.82 2,389.12 1,191.06 120.00 75.50 20.00 50.00 50.00 50.00 218.41 93.84 56.00 46.00 46.00 Packet Page Number 128 of 220 77883 77884 77885 77886 77887 77888 77889 77890 77891 77892 77893 77894 77895 77896 77897 77898 77899 77900 77901 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 01345 01345 02008 03446 03446 04219 01409 01409 01409 01409 01409 01409 01409 01418 01418 04074 03398 01463 04245 01836 01836 01836 01836 01836 01550 04081 04247 00449 02464 02464 02464 02464 02464 02464 02464 02464 01771 01789 RAMSEY COUNTY RAMSEY COUNTY RAMSEY COUNTY PUBLIC WORKS RICK JOHNSON DEER & BEAVER INC RICK JOHNSON DEER & BEAVER INC DAVID ROBY S.E.H. S.E.H. S.E.H. S.E.H. S.E.H. S.E.H. S.E.H. SAM'S CLUB DIRECT SAM'S CLUB DIRECT ELAINE SCHRADE SHAMROCK GROUP SISTER ROSALIND GEFRE SOVRAN INC. CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL SUMMIT INSPECTIONS MICHAEL W.THOMPSON CHUCK TURNING TYLER TECHNOLOGIES INC US BANK US BANK US BANK US BANK US BANK US BANK US BANK US BANK CITY OF WHITE BEAR LAKE CITY OF WOODBURY 57 Checks in this report. RECORDING FEES RECORDING FEES BRIDGE INSPECTIONS DEER PICKUP -FEB DEER PICKUP -JAN GUITAR INSTRUCTION PROJ 05-18 ENGINEERING FEES PROJ 06-05 ENGINEERING FEES PROJ 07-27 ENGINEERING FEES PROJ 06-02 ENGINEERING FEES PROJ 08-12 ENGINEERING FEES PROJ 08-09 ENGINEERING FEES PROJ 07-19 ENGINEERING FEES SUPPLIES B-DAY PROG SUPPLIES TAI CHI INSTRUCTION 1/14 - 3/4 MDSE FOR RESALE MCC MASSAGES -JAN SOFTWARE LICENSES INSPECTION BY REGIONAL WATER RECORD MGMT SOFTWARE FEES- STREET LIGHT REPAIRS INSPECTION BY REGIONAL WATER INSPECTION BY REGIONAL WATER ELECTRICAL INSPECTIONS -FEB REIMB FOR MILEAGE 11/13 - 2/26 VIDEOTAPING POLICE CIVIL SRV PROJECT MGMT & TOP -LICENSE FEES FUNDS FOR ATM PAYING AGENT FEES PAYING AGENT FEES PAYING AGENT FEES PAYING AGENT FEES PAYING AGENT FEES PAYING AGENT FEES PAYING AGENT FEES RAMSEY CO GIS USER GROUP FEES SEWER MAINT DISTRICT 51W 46.00 46.00 760.00 300.00 200.00 901.60 6,012.30 2, 017.98 1,931.76 1,351.35 1, 238.71 1,048.44 168.84 42.40 31.65 240.00 189.00 1,621.00 1,851.99 6,302.97 3, 798.00 800.04 203.89 444.65 2,158.80 235.79 50.00 125.00 10,000.00 431.25 431.25 431.25 431.25 431.25 425.00 402.50 3,519.16 230.91 457.883.49 Packet Page Number 129 of 220 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 02/27/09 03/02/09 Mon MN State Treasurer Drivers License/Deputy Registrar(city clrk) 14,632.00 02/27/09 03/02/09 MN Dept of Natural Resources DNR electronic licenses 336.00 03/02/09 03/03/09 Tue MN State Treasurer Drivers License/Deputy Registrar(city clrk) 24,964.25 03/02/09 03/03/09 US Bank VISA One Card' Credit Card Billing Fee 1,967.98 03/03/09 03/04/09 Wed MN State Treasurer Drivers License/Deputy Registrar(city clrk) 9,030.75 03/03/09 03/04/09 MN State Treasurer Drivers License/Deputy Registrar(city clrk) 29,970.89 03/04/09 03/05/09 Thurs MN State Treasurer Drivers License/Deputy Registrar(city clrk) 21,337.50 03/04/09 03/05/09 US Bank VISA One Card' Purchasing Card Items 37,789.76 03/05/09 03/06/09 Fri MN State Treasurer Drivers License/Deputy Registrar(city clrk) 16,561.50 TOTAL 'Detailed listing of VISA purchases is attached. ~ae,aau.es Packet Page Number 130 of 220 03/13/2009 Check 77902 77903 77904 77905 77906 77907 77908 77909 77910 77911 77912 77913 77914 77915 77916 77917 77918 77919 77920 77921 77922 77923 77924 77925 77926 77927 77928 77929 77930 77931 77932 77933 77934 77935 77936 77937 77938 77939 77940 77941 77942 77943 77944 77945 77946 Date 03/06/2009 03/10/2009 03/10/2009 03/13/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 03/17/2009 Check Register City of Maplewood Vendor Description Amount 3,000.00 42.95 272.21 50.00 165.07 85.20 25,607.50 261.30 402.00 18,147.92 439.02 24.17 14,013.55 3,890.73 1,126.60 538.41 49.96 10,892.40 9,849.72 84.45 294.66 1,763.02 74.17 1,300.00 50.44 1,500.00 7,823.74 150.00 2,200.00 2,200.00 2,200.00 2,200.00 1,750.00 490.00 1,409.00 2,700.00 1,907.50 66,766.00 5.72 5.00 402.76 95,900.00 92,731.00 2 ,105.00 637.98 1,875.00 1,875.00 6,500.00 840.00 300.00 850.00 9,390.00 731.65 531.02 500.00 02464 00001 00384 03351 00131 01973 03576 03576 01018 01337 01360 02462 01190 01190 01190 01190 01190 01798 04008 01936 03513 02914 04249 04251 00240 00403 02081 04123 02135 02135 02135 02135 02958 03798 04152 04243 03502 00827 00856 00857 00932 00935 00935 00936 04038 04193 04193 04057 03270 03036 04248 04198 00001 00001 00001 US BANK ONE TIME VENDOR DE LAGE LANDEN FINANCIAL SRVS BLOOMINGTON, CITY OF ASPEN EQUIPMENT CO ERICKSON OIL PRODUCTS INC EUREKA RECYCLING EUREKA RECYCLING MINNEAPOLIS FINANCE DEPT RAMSEY COUNTY-PROP REC & REV REINHART FOODSERVICE SCOTT D WEMYSS XCELENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY YOCUM OIL CO. AMERITAS CHAD BERGO BRIAN BIERDEMAN BLUECROSS BLUESHIELD OF MN SARAH BURLINGAME BURNSVILLE POLICE DEPARMENT C.S.C. CREDIT SERVICES DISPUTE RESOLUTION CENTER FINAL TOUCH SERVICES INC FRIENDS OF MAPLEWOOD NATURE GETHSEMANELUTHERAN CHURCH GETHSEMANELUTHERAN CHURCH GETHSEMANELUTHERAN CHURCH GETHSEMANELUTHERAN CHURCH GOODPOINTE TECHNOLOGY INC CLAUDIA HAAS ISD 622 COMMUNITY EDUCATION JOHNSON FLOOR SANDING KOEHNEN ELECTRIC INC LMCIT SHERRIE L LE LEAGUE OF MINNESOTA CITIES MAPLEWOOD BAKERY MAPLEWOOD FIRE FIGHTERS RELIEF MAPLEWOOD FIRE FIGHTERS RELIEF MAPLEWOOD HISTORICAL SOCIETY METRO-CLEANING SERVICES, INC. MIDAMERICA AUCTIONS MIDAMERICA AUCTIONS MIDLAND GLASS CO. MICHAEL A. MILLER/ISN MN HTCIA NEW AGE PRODUCTION, INC. NORTHLAND MECHANICAL CONT INC ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR FUNDS FOR ATM J GROPPOLI -FINAL PAYCHECK COPIER LEASE NATURE CENTER REGISTRATION FEE DAMAGED STROBE LIGHT ON RENTAL CAR WASH SERVICES -FEB RECYCLING -MARCH LABELS FOR RECYCLING BINS AUTO PAWN SYSTEM -JAN 911 DISPATCH SRVS -FEB MDSE FOR RESALE/B-DAY PARTY NAMETAGS W/LABEL ELECTRIC UTILITY ELECTRIC & GAS UTILITY ELECTRIC UTILITY ELECTRIC & GAS UTILITY FIRE SIRENS GASOLINE & DIESEL FUEL MONTHLY PREMIUM -MARCH REIMB FOR INT & MILEAGE 2/1 - 3/6 REIMB FOR DEMO HOLSTER 12/12/08 REFUND AMB 082052 REIMB MILEAGE & COUNCIL MEALS 1/1- TUITION FEE FOR GLEN MCCARTY APPLICANT BACKGROUND CHECKS CHARITABLE GAMBLING AWARD CLEANING AT MCC CALENDARS FOR VOLUNTEERS PARK LAND LEASE -JAN PARK LAND LEASE -FEB PARK LAND LEASE -MARCH PARK LAND LEASE -APRIL SOFTWARE MAINTENANCE AGREEMENT DRAMA CLASS INSTRUCTION GYM USAGE FEES REMOVAL OF CARPET & SANDING REPAIR ELECTRICAL AT LIFT STATION GENERAL LIAB INS 4TH INSTALLMENT REIMB FOR LIFE INS -MARCH GREEN CITIES DOCUMENTARY MDSE FOR RESALE/BANQUET ROOM ANNUAL FUNDING FOR PENSION - 2008 ANNUAL FUNDING FOR PENSION ADD'L- TILE IN RESTROOMS/BARN (28C6217) CLEANING OF KITCHEN AT MCC STORAGE FEE FORFEITURE VEH -JAN STORAGE FEE FORFEITURE VEH -FEB SUPPLY & INSTALL MIRRORS AT MCC FINAL BASKETBALL OFFICIALS 2/28 - 3/7 REGISTRATION FEE FOR DAVID DVAM CONCERT CANCELLATION FEE REPLACE HEATING COIL AT CITY HALL T BRUCKNER-MNLEAF GRANT REFUND A EDABURN AMB 071805 S YANG -MNLEAF GRANT Packet Page Number 131 of 220 77947 03/17/2009 00001 ONE TIME VENDOR J HAGUE -MNLEAF GRANT 467.03 77948 03/17/2009 00001 ONE TIME VENDOR REFUND T TRAN AMB 082946A 461.00 77949 03/17/2009 00001 ONE TIME VENDOR K DAWOOD -MNLEAF GRANT 273.00 77950 03/17/2009 00001 ONE TIME VENDOR M VANDENHEUREL -MNLEAF GRANT 272.11 77951 03/17/2009 00001 ONE TIME VENDOR T SHIMEALL -MNLEAF GRANT 270.25 77952 03/17/2009 00001 ONE TIME VENDOR D THORNTON -MNLEAF GRANT 262.50 77953 03/17/2009 00001 ONE TIME VENDOR REFUND C SMITH MEMBERSHIP 213.50 77954 03/17/2009 00001 ONE TIME VENDOR REFUND SHAW - HP BENEFITS 180.00 77955 03/17/2009 00001 ONE TIME VENDOR D MILLER -MNLEAF GRANT 167.74 77956 03/17/2009 00001 ONE TIME VENDOR FEED PROD NORTH -MNLEAF GRANT 164.55 77957 03/17/2009 00001 ONE TIME VENDOR REFUND C SEYFORTH CONCERT 96.08 77958 03/17/2009 00001 ONE TIME VENDOR REFUND M SELL AMB 083397 83.62 77959 03/17/2009 00001 ONE TIME VENDOR REFUND B ANGELES CUST MOVED 64.05 77960 03/17/2009 00001 ONE TIME VENDOR REFUND D BLANDA CONCERT 57.65 77961 03/17/2009 00001 ONE TIME VENDOR REFUND B BORGESON CLASS 36.00 77962 03/17/2009 00001 ONE TIME VENDOR G PELLEGROM -MNLEAF GRANT 35.23 77963 03/17/2009 00001 ONE TIME VENDOR REFUND S ANDERSON MONTHLY 15.97 77964 03/17/2009 01254 PEPSI-COLA COMPANY MDSE FOR RESALE 529.30 03/17/2009 01254 PEPSI-COLA COMPANY MDSE FOR RESALE 412.65 03/17/2009 01254 PEPSI-COLA COMPANY MDSE FOR RESALE 45.12 03/17/2009 01254 PEPSI-COLA COMPANY MDSE FOR RESALE 14.90 77965 03/17/2009 01359 REGAL AUTO WASH DETAIL XX CAR WASHES -FEB 104.51 77966 03/17/2009 01340 REGIONS HOSPITAL MEDICAL SUPPLIES -JAN 321.19 77967 03/17/2009 03879 SANSIO EMS FORMS 20.29 77968 03/17/2009 04043 SCHWAN FOOD CO MDSE FOR RESALE 50.45 03/17/2009 04043 SCHWAN FOOD CO MDSE FOR RESALE 36.96 03/17/2009 04043 SCHWAN FOOD CO MDSE FOR RESALE 36.96 77969 03/17/2009 04240 SPORTSIGN SIGN LANGUAGE INTERPRETER -JAN 392.00 03/17/2009 04240 SPORTSIGN SIGN LANGUAGE INTERPRETER - NOV 112.00 77970 03/17/2009 01836 CITY OF ST PAUL PRINTING FOR MCC & PROGRAMS 1,031.32 03/17/2009 01836 CITY OF ST PAUL INSPECTION BY REGIONAL WATER 444.65 03/17/2009 01836 CITY OF ST PAUL MEDICAL SUPPLIES 283.00 03/17/2009 01836 CITY OF ST PAUL CRIME LAB SERVICES -FEB 255.00 77971 03/17/2009 01545 SUBURBAN RATE AUTHORITY MEMBERSHIP DUES 1,600.00 77972 03/17/2009 03642 SWANSON & YOUNGDALE PAINTING OF CONFERENCE ROOMS & 15,432.00 77973 03/17/2009 04250 T & B PAINTING PAINTING OF CHILD CARE ROOM AT 1,434.44 77974 03/17/2009 04192 TRANS-MEDIC EMS BILLING -FEB 3,360.00 77975 03/17/2009 01647 TRI-COUNTY LAW ENFORCEMENT MEMBERSHIP DUES 50.00 77976 03/17/2009 02069 ULTIMATE DRAIN SERVICES INC PROJ 08-13 TELEVISING 840.00 77977 03/17/2009 00529 UNION SECURITY INSURANCE CO LTD PLAN 4043120-2 -MARCH 2,968.46 03/17/2009 00529 UNION SECURITY INSURANCE CO STD PLAN 4043120-1 -MARCH 1,815.74 77978 03/17/2009 03334 UNIQUE PAVING MATERIALS CORP UPM PATCHING MATERIAL 1,881.64 77979 03/17/2009 01698 UNITED WAY OF THE ST. PAUL 4 QTR 2008 21.00 77980 03/17/2009 04179 VISUAL IMAGE PROMOTIONS PROGRAMMING MARQUEE DISPLAY 250.00 03/17/2009 04179 VISUAL IMAGE PROMOTIONS PROGRAMMING DISPLAY SIGN MCC-FEB 250.00 77981 03/17/2009 01750 THE WATSON CO INC MDSE FOR RESALE 475.11 77982 03/17/2009 03809 CASTE WYFFELS INSTRUCTOR BABYSITTING CLASS 120.00 77983 03/17/2009 01807 SUSAN ZWIEG REIMB FOR MILEAGE 3/3 - 3/5 36.30 438.647.09 82 Checks in this report. Packet Page Number 132 of 220 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 03/05/09 03/06/09 Fri MN Dept of Natural Resources DNR electronic licenses 932.50 03/05/09 03/06/09 ICMA (Vantagepointe) Deferred Compensation 3,658.23 03/05/09 03/06/09 Great West Deferred Compensation 24,044.00 03/05/09 03/06/09 Pitney Bowes Postage 2,985.00 03/06/09 03/09/09 Mon MN State Treasurer Drivers License/Deputy Registrar(city clrk) 18,465.25 03/06/09 03/09/09 Labor Unions Union Dues 15,165.52 03/06/09 03/09/09 US Treasurer Federal Payroll Tax (FICA) 104,700.40 03/06/09 03/09/09 PERA PERA 83,400.19 03/09/09 03/10/09 Tue MN State Treasurer Drivers License/Deputy Registrar(city clrk) 24,025.07 03/09/09 03/10/09 MN State Treasurer Drivers License/Deputy Registrar(city clrk) 5,450.75 03/10/09 03/11/09 Wed MN State Treasurer Drivers License/Deputy Registrar(city clrk) 20,273.35 03/11/09 03/12/09 Thu MN State Treasurer State Payroll Tax 22,850.01 03/11/09 03/12/09 Labor Unions Union Dues 1,971.00 03/11/09 03/12/09 MN State Treasurer Drivers License/Deputy Registrar(city clrk) 15,866.68 03/12/09 03/13/09 Fri MN State Treasurer Drivers License/Deputy Registrar(city clrk) 65,842.18 TOTAL 'Detailed listing of VISA purchases is attached. 409,630.13 Packet Page Number 133 of 220 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 03/06/09 BRUNSBERG, STEVEN 50.00 03/06/09 HANSEN, JOHN 116.25 03/06/09 HJELLE, ERIK 416.42 03/06/09 JUENEMANN, KATHLEEN 416.42 03/06/09 NEPHEW, JOHN 416.42 03/06/09 ROSSBACH, WILLIAM 416.42 03/06/09 BURLINGAME, SARAH 1,233.00 03/06/09 CHRISTENSON, SCOTT 1,825.35 03/06/09 FARR, LARRY 2,542.04 03/06/09 JAHN, DAVID 1,788.37 03/06/09 PALANK, MANDY 346.50 03/06/09 RAMEAUX, THERESE 2,942.51 03/06/09 FORMANEK, KAREN 1,633.35 03/06/09 MITTET, ROBERT 3,572.04 03/06/09 ANDERSON, CAROLE 2,135.25 03/06/09 DEBILZAN, JUDY 1,099.86 03/06/09 JACKSON, MARY 2,042.95 03/06/09 KELSEY, CONNIE 2,494.25 03/06/09 LAYMAN, COLLEEN 2,742.27 03/06/09 CAREY, HEIDI 2,377.35 03/06/09 GUILFOILE, KAREN 3,950.01 03/06/09 KROLL, LISA 1,693.83 03/06/09 NEPHEW, MICHELLE 1,441.35 03/06/09 SCHMIDT, DEBORAH 2,281.66 03/06/09 SPANGLER, EDNA 1,157.77 03/06/09 CORTESI, LUANNE 924.40 03/06/09 JAGOE, CAROL 1,833.17 03/06/09 KELLY, LISA 1,215.26 03/06/09 CARSON, MICHELLE 1,043.34 03/06/09 MECHELKE, SHERRIE 1,180.98 03/06/09 MOY, PAMELA 1,284.88 03/06/09 OSTER, ANDREA 1,833.17 03/06/09 WEAVER, KRISTINE 2,118.95 03/06/09 ARNOLD, AJLA 496.00 03/06/09 CORCORAN, THERESA 1,828.55 03/06/09 PALANK, MARY 1,830.86 03/06/09 POWELL, PHILIP 2,818.15 03/06/09 SVENDSEN, JOANNE 2,077.93 03/06/09 THOMALLA, DAVID 4,839.74 03/06/09 YOUNG, TAMELA 1,828.55 03/06/09 ABEL, CLINT 2,845.38 03/06/09 ALDRIDGE, MARK 2,804.87 03/06/09 BAKKE, LONN 2,890.37 03/06/09 BARTZ, PAUL 3,516.97 03/06/09 BELDE, STANLEY 3,027.00 03/06/09 BENJAMIN, MARKESE 2,177.35 03/06/09 BIERDEMAN, BRIAN 3,373.96 03/06/09 BOHL, JOHN 3,365.74 03/06/09 BUSACK, DANIEL 3,444.16 Packet Page Number 134 of 220 03/06/09 COFFEY, KEVIN 2,693.52 03/06/09 GROTTY, KERRY 3,195.49 03/06/09 DEMULLING, JOSEPH 2,093.98 03/06/09 DOBLAR, RICHARD 3,723.01 03/06/09 FRITZE, DEREK 2,298.69 03/06/09 GABRIEL, ANTHONY 3,037.92 03/06/09 HAWKINSON JR, TIMOTHY 2,077.23 03/06/09 HEINZ, STEPHEN 51,664.36 03/06/09 HER, PHENG 1,951.52 03/06/09 HIEBERT, STEVEN 1,104.87 03/06/09 JOHNSON, KEVIN 4,231.72 03/06/09 KALKA, THOMAS 821.48 03/06/09 KARIS, FLINT 3,948.21 03/06/09 KONG, TOMMY 2,749.10 03/06/09 KREKELER, NICHOLAS 713.08 03/06/09 KROLL, BRETT 2,693.52 03/06/09 KVAM, DAVID 3,980.20 03/06/09 LANGNER, TODD 2,600.16 03/06/09 CARSON, DANIEL 2,749.10 03/06/09 LU, JOHNNIE 2,918.86 03/06/09 MARINO, JASON 2,787.98 03/06/09 MARTIN, JERROLD 2,845.38 03/06/09 MCCARTY, GLEN 2,820.07 03/06/09 METRY, ALESIA 2,693.52 03/06/09 NYE, MICHAEL 3,087.12 03/06/09 OLSON, JULIE 2,964.71 03/06/09 PALMA, STEVEN 3,058.24 03/06/09 RABBETT, KEVIN 19,145.72 03/06/09 RHUDE, MATTHEW 2,936.18 03/06/09 SHORTREED, MICHAEL 3,881.66 03/06/09 STEFFEN, SCOTT 3,528.78 03/06/09 STEINER, JOSEPH 3,668.01 03/06/09 SYPNIEWSKI, WILLIAM 2,644.74 03/06/09 SZCZEPANSKI, THOMAS 2,934.13 03/06/09 TRAN, JOSEPH 3,062.52 03/06/09 WENZEL, JAY 2,929.00 03/06/09 XIONG, KAO 2,670.44 03/06/09 BERGERON, JOSEPH 3,596.49 03/06/09 DUGAS, MICHAEL 3,231.55 03/06/09 ERICKSON, VIRGINIA 3,007.62 03/06/09 FLOR, TIMOTHY 3,666.62 03/06/09 FRASER, JOHN 3,058.24 03/06/09 LANGNER, SCOTT 2,896.00 03/06/09 THEISEN, PAUL 2,822.30 03/06/09 THIENES, PAUL 2,956.73 03/06/09 BADMAN, ANDREW 2,444.44 03/06/09 DAWSON, RICHARD 3,109.90 03/06/09 DOLLERSCHELL, ROBERT 293.39 03/06/09 EVERSON, PAUL 3,827.65 03/06/09 FOSSUM, ANDREW 2,570.83 03/06/09 HALWEG, JODI 2,502.55 03/06/09 JUNGMANN, BERNARD 3,126.84 03/06/09 MONDOR, MICHAEL 180.00 03/06/09 NOVAK, JEROME 3,109.90 03/06/09 OLSON, JAMES 2,810.13 03/06/09 PERBIX, CHARLES 2,821.67 03/06/09 PETERSON, ROBERT 3,083.62 03/06/09 RICHARDSON, ANDREA 2,508.50 Packet Page Number 135 of 220 03/06/09 SEDLACEK, JEFFREY 2,861.10 03/06/09 STREFF, MICHAEL 2,828.79 03/06/09 SVENDSEN, RONALD 3,591.08 03/06/09 GERVAIS-JR, CLARENCE 3,440.23 03/06/09 LUKIN, STEVEN 4,387.97 03/06/09 ZWIEG, SUSAN 2,170.15 03/06/09 AHL, R. CHARLES 5,453.00 03/06/09 KNUTSON, LOIS 1,848.55 03/06/09 NIVEN, AMY 1,371.42 03/06/09 PRIEFER, WILLIAM 2,633.26 03/06/09 BRINK, TROY 2,307.65 03/06/09 BUCKLEY, BRENT 2,657.86 03/06/09 DEBILZAN, THOMAS 2,464.02 03/06/09 EDGE, DOUGLAS 2,424.67 03/06/09 HAMRE, MILES 37.13 03/06/09 JONES, DONALD 2,464.02 03/06/09 MEISSNER, BRENT 1,758.01 03/06/09 MEYER, GERALD 2,560.43 03/06/09 NAGEL, BRYAN 3,105.66 03/06/09 OSWALD, ERICK 2,665.14 03/06/09 RUNNING, ROBERT 2,521.47 03/06/09 TEVLIN, TODD 2,442.83 03/06/09 BURLINGAME, NATHAN 2,340.23 03/06/09 DUCHARME, JOHN 2,634.06 03/06/09 ENGSTROM, ANDREW 2,568.49 03/06/09 GAYNOR, VIRGEVIA 2,827.97 03/06/09 JACOBSON, SCOTT 2,255.92 03/06/09 JAROSCH, JONATHAN 2,555.76 03/06/09 KREGER, JASON 2,480.15 03/06/09 KUMMER, STEVEN 2,890.95 03/06/09 LINDBLOM; RANDAL 2,878.77 03/06/09 LOVE, STEVEN 3,218.14 03/06/09 O'CONNOR, DONOVAN 286.70 03/06/09 THOMPSON, MICHAEL 3,646.25 03/06/09 ZIEMAN, SCOTT 138.60 03/06/09 EDSON, DAVID 2,106.68 03/06/09 HINNENKAMP, GARY 2,362.30 03/06/09 MARUSKA, MARK 3,090.00 03/06/09 NAUGHTON, JOHN 2,556.60 03/06/09 NORDQUIST, RICHARD 2,291.65 03/06/09 NOVAK, MICHAEL 1,105.81 03/06/09 SCHINDELDECKER, JAMES 2,066.86 03/06/09 BIESANZ, OAKLEY 1,480.27 03/06/09 DEAVER, CHARLES 499.58 03/06/09 HAYMAN, JANET 1,448.86 03/06/09 HUTCHINSON, ANN 2,546.16 03/06/09 WACHAL, KAREN 756.68 03/06/09 FINWALL, SHANN 2,989.35 03/06/09 FRY, PATRICIA 1,898.06 03/06/09 HALL, KATHLEEN 99.00 03/06/09 KONEWKO, DUWAYNE 4,362.50 03/06/09 SINDT, ANDREA 1,977.35 03/06/09 THOMPSON, DEBRA 798.26 03/06/09 EKSTRAND, THOMAS 3,707.78 03/06/09 MARTIN, MICHAEL 2,473.85 03/06/09 BRASH, JASON 2,085.68 03/06/09 CARVER, NICHOLAS 3,118.02 03/06/09 FISHER, DAVID 3,687.08 Packet Page Number 136 of 220 03/06/09 RICE, MICHAEL 2,486 .15 03/06/09 SWAN, DAVID 2,559 .75 03/06/09 WELLENS, MOLLY 1,492 .31 03/06/09 BERGER, STEPHANIE 351 .00 03/06/09 BJORK, BRANDON 291 .50 03/06/09 FRANK, PETER 375 .00 03/06/09 JANASZAK, MEGHAN 888 .75 03/06/09 KOHLMAN, JENNIFER 271 .35 03/06/09 NIEMAN, JAMES 96 .75 03/06/09 ROBBINS, AUDRA 2,513 .20 03/06/09 ROBBINS, CAMDEN 85 .75 03/06/09 SCHALLER, SCOTT 207 .38 03/06/09 SHERRILL, CAITLIN 623 .13 03/06/09 STAPLES, PAULINE 3,309 .18 03/06/09 TAUBMAN, DOUGLAS 3,208 .66 03/06/09 TAYLOR, JAMES 2,067 .42 03/06/09 ADAMS, DAVID 1,579 .18 03/06/09 GERMAIN, DAVID 2,111 .65 03/06/09 HAAG, MARK 2,064 .55 03/06/09 NADEAU, EDWARD 3,485 .52 03/06/09 SCHULTZ, SCOTT 2,308 .59 03/06/09 ANZALDI, MANDY 1,779 .35 03/06/09 BERGLUND, DANIEL 453 .75 03/06/09 BRENEMAN, NEIL 1,793 .02 03/06/09 CRAWFORD - JR, RAYMOND 995 .00 03/06/09 DICKS, JOHN 270 .00 03/06/09 EVANS, CHRISTINE 1,178 .41 03/06/09 FABIO-SHANLEY, MICHAEL 25 .05 03/06/09 GLASS, JEAN 2,041 .87 03/06/09 HANSEN, LORI 2,692 .83 03/06/09 HER, CHONG 655 .00 03/06/09 HER, PETER 377 .40 03/06/09 HIX, MELINDA 110 .00 03/06/09 HOFMEISTER, MARY 995 .44 03/06/09 NAGEL, BROOKE 152 .00 03/06/09 PELOQUIN, PENNYE 577 .26 03/06/09 PENN, CHRISTINE 1,630 .00 03/06/09 SCHOENECKER, LEIGH 450 .25 03/06/09 VANG, TIM 164 .00 03/06/09 ZIELINSKI, JUDY 38 .50 03/06/09 AICHELE, MEGAN 108 .50 03/06/09 BAUDE, SARAH 102 .00 03/06/09 BEITLER, JULIE 34 .00 03/06/09 BENJAMIN, AYLA 94 .50 03/06/09 BIGGS, ANNETTE 106 .25 03/06/09 BRUSOE, AMY 247 .75 03/06/09 BRUSOE, CRISTINA 327 .51 03/06/09 CAMPBELL, JESSICA 108 .00 03/06/09 CLARK, PAMELA 126 .00 03/06/09 DEMESEY, BETH 61 .25 03/06/09 DUNN, RYAN 1,166 .97 03/06/09 ERICKSON-CLARK, CAROL 47 .50 03/06/09 FLACKEY, MAUREEN 150 .50 03/06/09 GIEL, NICOLE 68 .00 03/06/09 GRUENHAGEN, LINDA 326 .95 03/06/09 HOLMBERG, LADONNA 633 .00 03/06/09 HORWATH, RONALD 2,513 .20 03/06/09 JOHNSON, JAMES 202 .50 Packet Page Number 137 of 220 03/06/09 JOSSART, ANGELA 34.00 03/06/09 JOYER, JENNA 139.61 03/06/09 KOGLER, RYAN 35.00 03/06/09 KRONHOLM; KATHRYN 491.82 03/06/09 KURZHAL, ALISON 106.88 03/06/09 MANZELLA, TERESA 51.00 03/06/09 MCCANN, NATALIE 135.00 03/06/09 MCCARTHY, ERICA 139.00 03/06/09 METCALF, JOLENE 81.25 03/06/09 NADEAU, KELLY 105.38 03/06/09 OBRIEN, JULIE 30.00 03/06/09 OLSON, SANDRA 553.00 03/06/09 PEHOSKI, JOEL 112.50 03/06/09 PROESCH, ANDY 816.96 03/06/09 RHODY, DIANE 556.00 03/06/09 RICHTER, DANIEL 106.50 03/06/09 RICHTER, NANCY 1,478.29 03/06/09 RONNING, ISAIAH 196.00 03/06/09 SCHAEFER, NATALIE 189.38 03/06/09 SCHREIER, ROSEMARIE 34.00 03/06/09 SCHUNEMAN, GREGORY 96.77 03/06/09 SJERVEN, BRENDA 119.00 03/06/09 SKAAR, SAMANTHA 56.25 03/06/09 SKiTNES, KELLY 126.00 03/06/09 SMITH, ANN 276.10 03/06/09 TUPY, ELIANA 34.00 03/06/09 TUPY, HEIDE 266.40 03/06/09 TUPY, MARCUS 276.60 03/06/09 WARNER, CAROLYN 362.60 03/06/09 WEDES, CARYL 98.00 03/06/09 WICKNER, KRISTY 34.69 03/06/09 WINEGAR, JILL 18.65 03/06/09 WOLFGRAM, TERESA 132.25 03/06/09 WOODMAN, ALICE 138.00 03/06/09 YOUNCE, BLAISE 157.50 03/06/09 ZALK, DAVID 12.00 03/06/09 ZALK, IDA 53.25 03/06/09 BOSLEY, CAROL 390.53 03/06/09 HOLMGREN, STEPHANIE 131.75 03/06/09 LANGER, CHELSEA 98.00 03/06/09 LANGER, KAYLYN 64.75 03/06/09 BATTLER, MELINDA 8.00 03/06/09 ZAGER, LINNEA 188.00 03/06/09 BEHAN, JAMES 1,861.35 03/06/09 DOUGLASS, TOM 1,275.96 03/06/09 GROPPOLI, JOE 55.80 03/06/09 MALONEY, SHAWNA 112.00 03/06/09 PRINS, KELLY 1,220.22 03/06/09 REILLY, MICHAEL 2,133.67 03/06/09 SCHOENECKER, KYLE 120.00 03/06/09 VALERIO, TARA 261.00 03/06/09 AICHELE, CRAIG 2,116.55 03/06/09 PRIEM, STEVEN 2,322.15 03/06/09 WOEHRLE, MATTHEW 2,036.47 03/06/09 BERGO, CHAD 2,574.18 03/06/09 FOWLDS, MYCHAL 3,285.88 03/06/09 FRANZEN, NICHOLAS 2,145.70 1006887 03/06/09 LONGRIE, DIANA 473.15 Packet Page Number 138 of 220 1006888 03/06/09 PERKINS, MATTHEW 117 .50 1006889 03/06/09 WELCHLIN, CABOT 3,134 .23 1006890 03/06/09 ABRAHAMSON, TYLER 108 .00 1006891 03/06/09 BONKO, NICHOLAS 84 .00 1006892 03/06/09 BROZAK, NICHOLAS 128 .00 1006893 03/06/09 BUCZKOWSKI, ALAN 60 .00 1006894 03/06/09 BURNS, JOHN 14 .00 1006895 03/06/09 CHAMBERLAIN, JAMIE 24 .00 1006896 03/06/09 CHEZIK, CARLEY 156 .00 1006897 03/06/09 DALBEC, JAMES 96 .00 1006898 03/06/09 FRANK, SARAH 188 .00 1006899 03/06/09 GEISER, EMILY 24 .00 1006900 03/06/09 GONSIOR, BENJAMIN 96 .00 1006901 03/06/09 GRAVES, CONNIE 116 .00 1006902 03/06/09 GREENER, DOUGLAS 99 .00 1006903 03/06/09 HANNIGAN, TYLER 50 .00 1006904 03/06/09 HELKAMP, KAYLA 120 .00 1006905 03/06/09 HER, KIM 19 .65 1006906 03/06/09 LINDA, KELLIE 249 .75 1006907 03/06/09 MASON, LAURA 112 .00 1006908 03/06/09 MUELLNER, CHADD 441 .00 1006909 03/06/09 NELSON, KIRSTEN 75 .00 1006910 03/06/09 NICHOLS, SAMUEL 92 .00 1006911 03/06/09 ORTT, MATTHEW 108 .00 1006912 03/06/09 SCHOUVIELLER, NATHAN 72 .00 1006913 03/06/09 SVOBODA, NICHOLAS 24 .00 1006914 03/06/09 SVOBODA, PATRICK 24 .00 1006915 03/06/09 TARR-JR, GUS 45 .00 1006916 03/06/09 THEISS, NIANDRA 16 .00 1006917 03/06/09 THIETS, EMMA 14 .00 1006918 03/06/09 VERMILYEA, ABBY 28 .00 1006919 03/06/09 YORKOVICH, BENJAMIN 108 .00 1006920 03/06/09 YORKOVICH, JENNA 36 .00 1006921 03/06/09 VUE, LOR PAO 390 .00 1006922 03/06/09 BUESING, DYLAN 94 .50 1006923 03/06/09 FENGER, JUSTIN 64 .80 1006924 03/06/09 GRANT, MELISSA 70 .00 1006925 03/06/09 HANSON, MATTHEW 195 .25 1006926 03/06/09 LAMSON, KEVIN 35 .00 1006927 03/06/09 MATESKI, WAYNE 106 .00 1006928 03/06/09 MCCORMACK, MELISSA 80 .50 1006929 03/06/09 MCLAURIN, CHRISTOPHER 471 .38 1006930 03/06/09 MCMAHON, MELISSA 84 .38 1006931 03/06/09 MORIS, RACHEL 78 .00 1006932 03/06/09 OLSON, SHELBY 36 .00 1006933 03/06/09 PIEPER, THEODORE 43 .75 1006934 03/06/09 ROSTRON, ROBERT 360 .00 1006935 03/06/09 SAUCERMAN, MICHAEL 136 .23 1006936 03/06/09 SCHAEFER, JAMES 170 .38 1006937 03/06/09 SCHMIDT, JOHN 186 .28 1006938 03/06/09 HER, SHILLAME 94 .25 1006939 03/06/09 MCDONALD, JESSALYNN 180 .25 1006940 03/06/09 BOWMAN, MATTHEW 202 .45 1006941 03/06/09 CURRAN, JAMES 256 .50 1006942 03/06/09 SCHULZE, KEVIN 497 .40 1006943 03/06/09 STEFFEN, MICHAEL 28. 00 556,130 .82 Packet Page Number 139 of 220 Trans Date Posting Date Merchant Name Trans Amount Name 2009/02/14 2009/02/16 JOANN ETC #1970 $218.08 MANDY ANZALDI 2009/02/18 2009/02/19 CUB FOODS, INC. $3.51 MANDY ANZALDI 2009/02/19 2009/02/20 WAL-MART #1861 $46.37 MANDY ANZALDI 2009/02/19 2009/02/23 ORIENTAL TRADING CO $107.86 MANDY ANZALDI 2009/02/24 2009/02/25 TARGET 00011858 $42.42 MANDY ANZALDI 2009/02/26 2009/02/27 PARTY CITY #768 $73.89 MANDY ANZALDI 2009/02/13 2009/02/16 DALCO ENTERPRISES, INC $103.91 JIM BEHAN 2009/02/16 2009/02/17 GOPHER BEARING COMPANY $141.47 JIM BEHAN 2009/02/25 2009/02/26 SIMPLEX GRINNELL WEB P $562.96 JIM BEHAN 2009/02/26 2009/02/27 MINVALCO INC $305.32 JIM BEHAN 2009/02/26 2009/02/27 HENRIKSEN ACE HARDWARE $67.24 JIM BEHAN 2009/02/26 2009/02/27 TRI DIM FILTER CORP $615.72 JIM BEHAN 2009/02/16 2009/02/17 BATTERYSHIP $27.60 CHAD BERGO 2009/02/17 2009/02/18 PETSMART INC 461 $14.93 NEIL BRENEMAN 2009/02/18 2009/02/19 PICKLEBALLCENTRAL.COM $97.86 NEIL BRENEMAN 2009/02/20 2009/02/23 GLOW STICK FACTORY $33.38 NEIL BRENEMAN 2009/02/23 2009/02/24 CUB FOODS, INC. $3.98 NEIL BRENEMAN 2009/02/25 2009/02/26 CUB FOODS, INC. $44.55 NEIL BRENEMAN 2009/02/25 2009/02/26 PRICE CHOPPER INC $173.46 NEIL BRENEMAN 2009/02/25 2009/02/26 CLOVER SUPER FOODS $253.63 NEIL BRENEMAN 2009/02/25 2009/02/27 THE SPORTS AUTHORITY #701 $42.65 NEIL BRENEMAN 2009/02/18 2009/02/20 HOLIDAY STNSTORE 3836 $28.00 TROY BRINK 2009/02/13 2009/02/16 SUPERAMERICA 04848 $90.01 BRENT BUCKLEY 2009/02/17 2009/02/18 WAL-MART #1562 $8.01 DAN BUSACK 2009/02/24 2009/02/26 BOTACH TACTICAL $410.82 DAN BUSACK 2009/02/13 2009/02/16 INT'L CODE COUNCIL INC $58.53 NICHOLAS CARVER 2009/02/25 2009/02/27 INT'L CODE COUNCIL INC $63.83 NICHOLAS CARVER 2009/02/13 2009/02/16 VIKING ELEC-CREDIT DEPT. $260.34 SCOTT CHRISTENSON 2009/02/15 2009/02/16 LABSAFE*1012930411 $29.94 SCOTT CHRISTENSON 2009/02/18 2009/02/20 VIKING ELEC-CREDIT DEPT. $259.67 SCOTT CHRISTENSON 2009/02/18 2009/02/20 VIKING ELEC-CREDIT DEPT. $32.10 SCOTT CHRISTENSON 2009/02/23 2009/02/24 UNITED ELECTRIC #7649 $92.07 SCOTT CHRISTENSON 2009/02/24 2009/02/25 MINVALCO INC $87.71 SCOTT CHRISTENSON 2009/02/24 2009/02/26 THE HOME DEPOT 2801 $80.63 SCOTT CHRISTENSON 2009/02/25 2009/02/26 MINVALCO INC $33.40 SCOTT CHRISTENSON 2009/02/25 2009/02/27 VIKING ELEC-CREDIT DEPT. $87.73 SCOTT CHRISTENSON 2009/02/12 2009/02/16 HOLIDAY STNSTORE 3592 $20.61 KERRY GROTTY 2009/02/13 2009/02/16 MENARDS 3022 $7.21 CHARLES DEAVER 2009/02/19 2009/02/23 ADAMS PEST CONTROL $69.39 CHARLES DEAVER 2009/02/18 2009/02/20 HOLIDAY STNSTORE 3836 $30.00 THOMAS DEBILZAN 2009/02/25 2009/02/26 LTG POWER EQUIPMENT $42.49 THOMAS DEBILZAN 2009/02/13 2009/02/16 HENRIKSEN ACE HARDWARE $12.78 DOUG EDGE 2009/02/15 2009/02/17 SEARS ROEBUCK 1122 $45.00 PAUL E EVERSON 2009/02/16 2009/02/18 CIRCUIT CITY SS #3135 $320.25 LARRY PARR 2009/02/16 2009/02/18 THE HOME DEPOT 2801 $6.17 LARRY FARR 2009/02/19 2009/02/20 CERTIFIED LABORATORIES $123.12 LARRY FARR 2009/02/20 2009/02/23 SCHINDLER ELEVATOR CORP $537.09 LARRY FARR 2009/02/21 2009/02/23 THE HOME DEPOT #2847 $53.34 LARRY FARR 2009/02/23 2009/02/24 CUB FOODS, INC. $32.98 LARRY FARR 2009/02/23 2009/02/25 THE HOME DEPOT 2801 ($11.49) LARRY FARR 2009/02/24 2009/02/25 COMMERCIAL FURNITURE SRVC $170.80 LARRY FARR 2009/02/24 2009/02/26 BREDEMUS HARDWARE CO $159.75 LARRY FARR 2009/02/25 2009/02/27 GUITAR CENTER #394 $998.90 LARRY FARR 2009/02/17 2009/02/18 RAINBOW FOODS 00088617 $8.29 SHANN PINWALE 2009/02/26 2009/02/26 APA-CONFERENCE $695.00 SHANN PINWALE 2009/02/26 2009/02/26 APA-CONFERENCE $295.00 SHANN PINWALE 2009/02/18 2009/02/20 CURTIS 1000 $160.61 KAREN FORMANEK 2009/02/23 2009/02/25 ADVANCED GRAPHIC SYSTEMS $273.71 KAREN FORMANEK Packet Page Number 140 of 220 2009/02/24 2009/02/26 CURTIS 1000 $54.27 KAREN FORMANEK 2009/02/19 2009/02/23 SHI INTERNATIONAL CORP $357.84 MYCHAL FOWLDS 2009/02/21 2009/02/23 COMCAST CABLE COMM $54.00 MYCHAL FOWLDS 2009/02/23 2009/02/25 THE HOME DEPOT 2801 $7.76 MYCHAL FOWLDS 2009/02/25 2009/02/26 QWESTCOMM*TN651 $66.45 MYCHAL FOWLDS 2009/02/13 2009/02/16 CDW GOVERNMENT $361.53 NICK FRANZEN 2009/02/19 2009/02/23 SHI INTERNATIONAL CORP $357.84 NICK FRANZEN 2009/02/21 2009/02/23 UPS*1Z87R66T0391265629 $24.84 NICK FRANZEN 2009/02/26 2009/02/27 INSIGHT*PUBLICSECTOR ($128.25) NICK FRANZEN 2009/02/27 2009/02/27 DMI* DELL K-12/GOVT $3,380.09 NICK FRANZEN 2009/02/25 2009/02/25 U OF M CCE $165.00 VIRGINIA GAYNOR 2009/02/19 2009/02/23 OFFICE DEPOT #1090 $22.26 JEAN GLASS 2009/02/20 2009/02/23 OFFICE DEPOT #1090 $3.54 JEAN GLASS 2009/02/23 2009/02/24 OFFICE DEPOT #1090 $40.33 JEAN GLASS 2009/02/24 2009/02/26 OFFICE DEPOT #1090 $13.35 JEAN GLASS 2009/02/14 2009/02/16 VZWRLSS*APOCC VISN $95.66 KAREN E GUILFOILE 2009/02/19 2009/02/23 INT'L INST OF MUNI CLE $510.00 KAREN E GUILFOILE 2009/02/20 2009/02/23 THE HOME DEPOT 2801 $6.28 MARK HAAG 2009/02/12 2009/02/16 OFFICE MAX ($10.66) PATRICK HEFFERNAN 2009/02/14 2009/02/16 GUEST SERVICES-UNIT 3750 $129.30 PATRICK HEFFERNAN 2009/02/18 2009/02/20 THE TESSMAN COMPANY $53.10 RICK HERLUND 2009/02/19 2009/02/23 ST PAUL GIRL SCOUTS SERVI $12.82 RON HORWATH 2009/02/18 2009/02/19 USPS 2663650009 $42.00 ANN E HUTCHINSON 2009/02/18 2009/02/19 USPS 2663650009 $21.28 ANN E HUTCHINSON 2009/02/13 2009/02/16 DALCO ENTERPRISES, INC $766.53 DAVID JAHN 2009/02/16 2009/02/18 THE HOME DEPOT 2801 $63.90 BERNARD R JUNGMANN 2009/02/19 2009/02/20 TARGET 00011858 $206.95 BERNARD R JUNGMANN 2009/02/19 2009/02/23 ANCOM TECHNICAL CENTER IN $33.60 BERNARD R JUNGMANN 2009/02/20 2009/02/23 MENARDS 3022 $28.82 BERNARD R JUNGMANN 2009/02/22 2009/02/23 GUEST SERVICES-UNIT 3750 $232.20 BERNARD R JUNGMANN 2009/02/24 2009/02/25 CHANNING BETE CO - $581.74 BERNARD R JUNGMANN 2009/02/24 2009/02/25 BOUND TREE MEDICAL LLC $150.60 BERNARD R JUNGMANN 2009/02/13 2009/02/16 MICHAELS #2744 $40.13 TOM KALKA 2009/02/26 2009/02/26 APA ON-LINE MEMBERSHIPS $405.00 DUWAYNE KONEWKO 2009/02/26 2009/02/26 APA-CONFERENCE $990.00 DUWAYNE KONEWKO 2009/02/18 2009/02/19 BEST BUY MHT 00000109 $426.99 NICHOLAS KREKELER 2009/02/23 2009/02/24 THE UPS STORE #2171 $9.05 NICHOLAS KREKELER 2009/02/13 2009/02/16 ADVANCED GRAPHIC SYSTEMS $137.39 LISA KROLL 2009/02/17 2009/02/19 OFFICE MAX $50.62 LISA KROLL 2009/02/23 2009/02/24 CHILI'S-MAPLEWOOD $93.16 LISA KROLL 2009/02/23 2009/02/25 ADVANCED GRAPHIC SYSTEMS $126.74 LISA KROLL 2009/02/13 2009/02/16 RUN N FUN $79.00 DAVID KVAM 2009/02/13 2009/02/16 SEARS ROEBUCK 1122 $18.14 STEVE LUKIN 2009/02/15 2009/02/16 DE LACE LANDEN OP01 OF 01 $379.14 STEVE LUKIN 2009/02/18 2009/02/20 ASPEN MILLS INC. $138.00 STEVE LUKIN 2009/02/19 2009/02/20 METRO FIRE $134.64 STEVE LUKIN 2009/02/20 2009/02/23 METRO SALES INC $466.70 STEVE LUKIN 2009/02/20 2009/02/23 ASPEN MILLS INC. $108.50 STEVE LUKIN 2009/02/20 2009/02/23 EMERGENCY APPARATUS MAINT $1,216.20 STEVE LUKIN 2009/02/23 2009/02/25 ASPEN MILLS INC. $162.80 STEVE LUKIN 2009/02/24 2009/02/25 EMERGENCY APPARATUS MAINT $97.65 STEVE LUKIN 2009/02/24 2009/02/25 E A T I $9.75 STEVE LUKIN 2009/02/25 2009/02/26 METRO FIRE $3,076.33 STEVE LUKIN 2009/02/26 2009/02/27 ALLSTATE SALES AND $9.61 STEVE LUKIN 2009/02/18 2009/02/19 NAPA AUTO PARTS 3279052 $27.93 CORDON MALLORY 2009/02/12 2009/02/16 SUNOCO SVC STATION $23.89 CITY OF MAPLEWOOD 2009/02/13 2009/02/16 MCDONALD'S F17277 $5.97 CITY OF MAPLEWOOD 2009/02/12 2009/02/16 GOPHER PLUMBING SUPP $91.06 MARK MARUSKA 2009/02/12 2009/02/16 FERGUSON ENT#1650 $62.08 MARK MARUSKA Packet Page Number 141 of 220 2009/02/17 2009/02/19 ON SITE SANITATION $61.92 MARK MARUSKA 2009/02/23 2009/02/25 ON SITE SANITATION $30.96 MARK MARUSKA 2009/02/15 2009/02/17 FRATTALLONES WOODBURY ACE $11.06 JON A MELANDER 2009/02/14 2009/02/16 GOVERNMENT FINANCE OFFIC $315.00 ROBERT MITTET 2009/02/21 2009/02/23 QWESTCOMM*TN651 $57.88 ROBERT MITTET 2009/02/24 2009/02/26 METROCALL/ARCH WIRE $15.94 ED NADEAU 2009/02/19 2009/02/23 OFFICE DEPOT #1090 $68.10 MARY KAY PALANK 2009/02/20 2009/02/23 TARGET 00011858 $25.56 MARY KAY PALANK 2009/02/23 2009/02/24 OFFICE DEPOT #1090 $25.31 MARY KAY PALANK 2009/02/25 2009/02/27 OFFICE DEPOT #1090 $46.84 MARY KAY PALANK 2009/02/17 2009/02/18 TARGET 00021352 $21.31 CHRISTINE PENN 2009/02/17 2009/02/18 AMZ*AMAZON PAYMENTS $81.80 CHRISTINE PENN 2009/02/17 2009/02/18 WALMART.COM $96.45 CHRISTINE PENN 2009/02/17 2009/02/19 TOYS R US #6046 $115.20 CHRISTINE PENN 2009/02/19 2009/02/20 MENARDS 3022 $12.88 CHRISTINE PENN 2009/02/21 2009/02/23 FEDEX KINKO'S #0617 $14.93 CHRISTINE PENN 2009/02/21 2009/02/23 MENARDS 3022 $42.61 CHRISTINE PENN 2009/02/23 2009/02/25 MIDWAY PARTY RENTAL INC $182.49 CHRISTINE PENN 2009/02/12 2009/02/16 ADVANCED GRAPHIC SYSTEMS $422.81 PHILIP F POWELL 2009/02/14 2009/02/16 ULINE *SHIP SUPPLIES $208.54 PHILIP F POWELL 2009/02/18 2009/02/20 SIRCHIE FINGER PRINT LABO $297.92 PHILIP F POWELL 2009/02/18 2009/02/20 EVIDENT $82.00 PHILIP F POWELL 2009/02/24 2009/02/24 ULINE *SHIP SUPPLIES $230.55 PHILIP F POWELL 2009/02/24 2009/02/25 THE UPS STORE #2171 $8.05 PHILIP F POWELL 2009/02/24 2009/02/25 MEDTECH FORENSICS INC $226.50 PHILIP F POWELL 2009/02/25 2009/02/27 SIRCHIE FINGER PRINT LABO $437.69 PHILIP F POWELL 2009/02/25 2009/02/27 OFFICE MAX $13.86 PHILIP F POWELL 2009/02/26 2009/02/26 ULINE *SHIP SUPPLIES ($48.04) PHILIP F POWELL 2009/02/26 2009/02/27 GIESERLAB INC $901.00 PHILIP F POWELL 2009/02/12 2009/02/16 FACTORY MOTOR PARTS #19 $208.56 STEVEN PRIEM 2009/02/12 2009/02/16 DEL MEDICO MACHINES $90.00 STEVEN PRIEM 2009/02/13 2009/02/16 KATH AUTO PARTS NSP $95.25 STEVEN PRIEM 2009/02/13 2009/02/16 KATH AUTO PARTS NSP $39.06 STEVEN PRIEM 2009/02/13 2009/02/16 KATH AUTO PARTS NSP $128.95 STEVEN PRIEM 2009/02/13 2009/02/16 RAND 1012924354 $218.97 STEVEN PRIEM 2009/02/18 2009/02/19 ZIEGLER INC COLUMBUS $23.49 STEVEN PRIEM 2009/02/18 2009/02/20 KATH AUTO PARTS NSP $71.14 STEVEN PRIEM 2009/02/18 2009/02/20 TOUSLEY FORD 127200039 $41.96 STEVEN PRIEM 2009/02/18 2009/02/20 US AUTOFORCE $443.22 STEVEN PRIEM 2009/02/19 2009/02/23 KATH AUTO PARTS NSP $12.12 STEVEN PRIEM 2009/02/20 2009/02/23 KATH AUTO PARTS NSP $122.26 STEVEN PRIEM 2009/02/20 2009/02/23 KATH AUTO PARTS NSP $16.85 STEVEN PRIEM 2009/02/23 2009/02/25 KATH AUTO PARTS NSP $9.79 STEVEN PRIEM 2009/02/24 2009/02/26 KATH AUTO PARTS NSP $149.12 STEVEN PRIEM 2009/02/25 2009/02/27 KATH AUTO PARTS NSP $68.32 STEVEN PRIEM 2009/02/26 2009/02/27 ZIEGLER INC COLUMBUS $59.61 STEVEN PRIEM 2009/02/20 2009/02/23 HEALTHEAST TRANSPORTATN $228.37 KEVIN RABBETT 2009/02/12 2009/02/16 OFFICE DEPOT #1090 $106.84 TERRIE RAMEAUX 2009/02/16 2009/02/17 MN OCCUPATIONAL HEALTH $200.00 TERRIE RAMEAUX 2009/02/25 2009/02/27 OFFICE DEPOT #1090 $74.69 TERRIE RAMEAUX 2009/02/19 2009/02/20 DALCO ENTERPRISES, INC $610.16 MICHAEL REILLY 2009/02/19 2009/02/20 HILLYARD INC MINNEAPOLIS $1,000.00 MICHAEL REILLY 2009/02/19 2009/02/20 HILLYARD INC MINNEAPOLIS $1,075.50 MICHAEL REILLY 2009/02/16 2009/02/17 BATTERIES PLUS $29.85 NANCY RICHTER 2009/02/19 2009/02/23 WATER GEAR INC. $57.63 NANCY RICHTER 2009/02/23 2009/02/24 FITNESS WHOLESALE $72.90 NANCY RICHTER 2009/02/13 2009/02/16 CVS PHARMACY #1751 Q03 $7.17 AUDRA ROBBINS 2009/02/16 2009/02/17 MAPLEWOOD PARKS AND RECRE $4.00 AUDRA ROBBINS 2009/02/13 2009/02/16 THE HOME DEPOT 2801 $70.93 ROBERT RUNNING Packet Page Number 142 of 220 2009/02/19 2009/02/23 LTG POWER EQUIPMENT ($36.72) ROBERT RUNNING 2009/02/19 2009/02/23 LTG POWER EQUIPMENT $84.19 ROBERT RUNNING 2009/02/20 2009/02/23 THE HOME DEPOT 2801 $7.44 ROBERT RUNNING 2009/02/20 2009/02/23 MENARDS 3059 $18.98 ROBERT RUNNING 2009/02/25 2009/02/26 FASTENAL CO-RETAIL $96.06 ROBERT RUNNING 2009/02/25 2009/02/27 SO.ST.PAUL STEEL SUPPLY $599.39 ROBERT RUNNING 2009/02/25 2009/02/27 7 CORNERS ACE HARDWARE $96.47 ROBERT RUNNING 2009/02/12 2009/02/16 OFFICE DEPOT #1090 $50.24 DEB SCHMIDT 2009/02/18 2009/02/20 OFFICE DEPOT #1090 $28.28 DEB SCHMIDT 2009/02/24 2009/02/25 FASTENAL CO-MO/TO $58.54 SCOTT SCHULTZ 2009/02/13 2009/02/16 UNIFORMS UNLIMITED INC $24.50 MICHAEL SHORTREED 2009/02/13 2009/02/16 MPD MPH CMI $252.96 MICHAEL SHORTREED 2009/02/18 2009/02/20 CLASSIC COLLISION CENT $1,179.40 MICHAEL SHORTREED 2009/02/19 2009/02/20 BOB BARKER COMPANY $199.52 MICHAEL SHORTREED 2009/02/20 2009/02/23 GRAFIX SHOPPE $213.00 MICHAEL SHORTREED 2009/02/20 2009/02/23 GRAFIX SHOPPE $356.78 MICHAEL SHORTREED 2009/02/23 2009/02/25 UNIFORMS UNLIMITED INC $75.15 MICHAEL SHORTREED 2009/02/24 2009/02/25 QUARTER MASTER $57.95 MICHAEL SHORTREED 2009/02/14 2009/02/16 SENSIBLE LAND USE COAL $38.00 ANDREA SINDT 2009/02/19 2009/02/23 OFFICE DEPOT #1090 $153.54 ANDREA SINDT 2009/02/20 2009/02/20 IMPERIALTEXTILE.COM ($50.96) PAULINE STAPLES 2009/02/19 2009/02/20 RAINBOW FOODS 00088617 $16.80 JOANNE M SVENDSEN 2009/02/25 2009/02/26 TARGET 00011858 $80.87 JOANNE M SVENDSEN 2009/02/18 2009/02/19 BEST BUY MHT 00000109 $53.36 JOE TRAN 2009/02/20 2009/02/23 S & T OFFICE PRODUCTS $46.17 KAREN WACHAL TOTAL $37,789.76 Packet Page Number 143 of 220 Agenda Item M2 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, Assistant City Engineer SUBJECT: Gervais Avenue Street Improvements, Project 05-17 a. Resolution Approving Final Payment and Acceptance of Project b. Transfer to Close Fund 567 DATE: March 10, 2009 INTRODUCTION The contractor, Palda and Sons, Inc., has completed the project improvements. The city council will consider approving the attached resolution for acceptance of the project and approving final payment to the contractor. The council will also consider adopting the final financing plan in order to close out the project fund. BACKGROUND This project involved the reconstruction of 0.23 mile of commercial street with associated storm sewer, sanitary sewer main repairs, and storm water treatment ponds along Keller Parkway. The project also included a small street/drainage repair at the intersection of Connor Avenue and Duluth Street. On September 11, 2006 the council awarded the contract in the amount of $335,615.50. During construction there were no change orders and the final amount earned by the contractor was $335,614.12. BUDGET The approved budget for the project is $465,500. To date, the total project cost is $453,733.76. Staff is recommending the following financing plan and closure of the project. Current Financing Plan Final Financing Plan G.O. Improvement Bonds $ 246,000.00 $ 248,181.02 Special Assessments $ 192,000.00 $ 146,662.00 Sewer Fund $ 27,500.00 $ 27,500.00 RWMWD Grant - $ 30,000.00 Interest on Investments - $ 250.98 Driveway Program - $ 1,406.00 TOTAL $ 465,500.00 $ 454,000.00 RECOMMENDATION It is recommended that the city council approve the attached resolution for the Gervais Avenue Street Improvements, City Project 05-17: Approving Final Payment and Acceptance of Project, and; Staff recommends that the council authorize the finance director to implement the final financing plan, shown above, and to close project fund 567 for City Project 05-17. Attachments: 1. Resolution 2. Location Map 3. Final Payment Application Packet Page Number 144 of 220 Agenda Item M2 Attachment 1 RESOLUTION APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT WHEREAS, the City Engineer for the City of Maplewood has determined that the Gervais Avenue Street Improvements, City Project 05-17, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 05-17 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $355,614.12. Final payment to Palda and Sons, Inc., and the release of any retainage or escrow is hereby authorized. Approved this 23rd day of March 2009 Packet Page Number 145 of 220 ~~~~ O~~ ~~ ~~ 23 'ALM ~ ~ CT. P p,~M C~ CONNOR ~ CT. a [ ~~ ~ W ~~ 11 ~F~~ F,~ f Spoon Lake / Y NNE COUNTY Kohlman Park ~ Manufactured ~ ~ ~ Housing W Estates 2 I C~ ~ I- p pNT AVE.. J B ~ S w CT. °Q SEXTANT AVE. kwY 4 00 ~O Q~ Q ~~ ~ ~ ~ ~. 0 ~~ Keller 25 Lake ~~ , ',/ ° LEAL QI J ,~, ° Benda Item M2 attachment 2 ROAD N/<< TAP = ~~ ST ~ C T J J ~ c~ o ~GEN/~C w cr CON NOR AVE. 0~' w z w g U ERVAIS ~ ~ ~ COPE CT. J LAR K ° CO. RD. RD. C TION Q AVE. Project location O 0 O U no scale AVE. 36 COPE ~ w u ~ ~ ~ U Exhibit 1 Project Location Gervais Avenue, Cypress St. to Maplewood Dr. City Project 05-17 Packet Page 146 of 220 m er - ~§~ Agenda Item M2 Attachment 3 ~~~ ~, ~ 1of3 ~,~~p~ezuna~ ~~I.I~/ic. ry1l~r~ GERVAIS AVENUE STREET IMPROVEMENTS MAPLEWOOD CITY PROJECT 05-17 PROJECT PAYMENT REQU EST ESTIMATE NO. 5 FINAL PERIOD ENDING: February 12, 2009 CONTRACTOR: Palda and Sons, Inc. CONTRACT AMOUNT: $335,615.50 EST. QUANTITY UNIT ITEM DESCRIPTION UNIT QUANTITY TO DATE PRICE COST 2021.501 MOBILIZATION LS 1.00 1.00 $16,700.00 $ 16,700.00 2101.507 CLEARING & GRUBBING EACH 5.00 5.00 $400.00 $ 2,000.00 2104.501 REMOVE & DISPOSE OF STORM SEWER PIPE (ANY SIZE & TYPE) LF 86.00 97.00 $10.00 $ 970.00 2104.505 REMOVE BITUMINOUS TRAIL AND DRIVEWAY PAVEMENT SY 538.00 538.00 $2.74 $ 1,474.12 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 114.00 191.00 $10.00 $ 1,910.00 2104.505 REMOVE BITUMINOUS ROADWAY PAVEMENT SY 4,244.00 4,244.00 $0.01 $ 42.44 2104.509 REMOVE/ABANDON DRAINAGE STRUCTURE & SALV. CSTG. (CB, MH OR EACH 2.00 2.00 $250.00 $ 500.00 CB-MH) 2104.511 SAW CONCRETE PAVEMENT (INCLUDES CURB & GUTTER, DRIVES, AND LF 317.00 235.00 $3.00 $ 705.00 WALKS) 2104.513 SAW BITUMINOUS DRIVEWAY PAVEMENT LF 710.00 710.00 $2.50 $ 1,775.00 2105.501 COMMON EXCAVATION, CY (EV) (P) CY 2,595.00 2,458.00 $11.50 $ 28,267.00 2105.507 SUBGRADE EXCAVATION, CY (EV) CY 1,112.00 1,258.00 $5.54 $ 6,969.32 2105.515 UNCLASSIFIED EXC., CY (EV) (P) CY 3,941.00 3,941.00 $7.66 $ 30,188.06 2105.522 SELECT GRANULAR 80RROW, CY (CV) CY 1,112.00 818.00 $6.48 $ 5,300.G4 2105.526 SELECT TOPSOIL 80RROW, CY (LV) CY 171.00 165.00 $15.00 $ 2,475.00 2105.G04 GEOTEXTILE FILTER, TYPE V (STA 0+00 TO 4+50 SUBCUT) SY 1,750.00 2,515.00 $1.25 $ 3,143.75 2123.610 STREET SWEEPER WITH PICKUP BROOM HOUR 20.00 8.00 $125.00 $ 1,000.00 2130.501 WATER FOR DUST CONTROL M GAL 20.00 15.00 $35.00 $ 525.00 2211.501 AGG. SURFACING, CL. 5 (100% CRUSHED LIMESTONE) FOR DRIVEWAYS TON 43.00 16.00 $25.00 $ 400.00 2211.501 AGGREGATE BASE CLASS 6 FOR STREETS TON 3,075.00 3,044.00 $11.75 $ 35,767.00 2211.501 AGGREGATE BASE CLASS 6 FOR DRIVEWAYS, TRAILS AND WALKS TON 269.00 269.00 $15.00 $ 4,035.00 2232.603 MILL BITUMINOUS SURFACE, 1.5"DEPTH @ MINIMUM 18" WIDE LF 227.00 227.00 $2.50 $ 5G 7.50 2331.603 BITUMINOUS ROAD PAVEMENT CONTROL JOINT SAW AND SEAL LF 754.00 873.00 $2.65 $ 2,313.45 2331.604 81TUMINOUS PAVEMENT RECLAMATION SY 4,244.00 3,644.00 $0.01 $ 36.44 2340.508 TYPE 41 WEARING COURSE MIXTURE (41 WEA500558) (PG 58-28) TON 485.00 466.90 $64.84 $ 30,273.80 2340.514 TYPE 32 BASE COURSE MIXTURE (32888500008) (PG 58-28) TON 505.00 515.20 $37.75 $ 19,448.80 2340.521 TYPE 41 BIT. MIX. FOR RESIDENTIAL DRIVEWAYS 2" THICKNESS SY 16.00 n/a $17.00 n/a (41 WE850055L) (PG 64-22) 2340.521 TYPE 41 BIT. MIX. FOR COMMERCIAL DRIVEWAYS 3" THICKNESS SY 842.00 842.00 $17.00 $ 14,314.00 (41WE850055L) (PG 64-22) 2357.502 81TUNIINOUS MATERIAL FOR TACK COAT GAL 203.00 125.00 $1.50 $ 187.50 2451.503 GRANULAR BACKFILL (CV) CY 78.00 78.00 $15.00 $ 1,170.00 Packet Page Number 147 of 220 Agenda Item M2 Attachment 3 2 of 3 2501.515 36" SAFETY GRATE FOR EXISTING 36" RCP APRON EACH 2501.515 30" CORR. SMOOTH WALL HDPE PIPE APRON W/GRATE EACH 25D1.515 18" SAFETY GRATE FOR EXISTING 18" RCP APRON EACH 25D1.515 12" CORR. SMOOTH WALL HDPE PIPE APRON W/ GRATE EACH 4" PERF. CORR. PE DRAINAGE TUBING W/ TYPE I GEO. SOCK & 3149.2) LF 2502.541 (F.F.A.) 2503.511 12" CORRUGATED SMOOTH WALL HDPE PIPE SEWER LF 2503.511 15" CORRUGATED SMOOTH WALL HDPE PIPE SEWER LF 2503.511 24" CORRUGATED SMOOTH WALL HDPE PIPE SEWER LF 2503.511 30" CORRUGATED SMOOTH WALL HDPE PIPE SEWER LF 2503.603 PIPE BEDDING FOR HDPE STORM SEWER PIPE ANY SIZE LF REPAIR 8" VCP SS MAIN AS PER PLATE 409 (INCLUDES 6" AND 8" PVC AS LS 2503.601 REQUIRED) REPAIR 8" SS MAIN AS PER PLT. 409 WITH 1-8"x6" PVC SCH. 40 WYE,2- EACH 2503.602 8"x8"FERNCOS,1-6"x6" FERNCO 2503.602 REPAIR 10" STORM VCP W/ 10" PVC @ MH-99 LS 2503.603 PIPE BEDDING FOR PVC SANITARY SEWER PIPE LF 2504.G02 WATER UTILITY HOLE (EXCAVATE & BACKFILL) EACH 2504.602 ADJUST VALVE HOUSING, WATER EACH 2504.602 REPAIR VALVE HOUSING, WATER EACH 2504.602 ADJUST CURB STOP HOUSING, WATER EACH 2504.602 REPAIR CURB STOP HOUSING, WATER EACH 2504.602 INSTALL FORD COVER FURNISHED 8Y THE SPRWS EACH 2504.604 F & I - 2" RIGID INSULATION @ WATER MAIN OR SERVICE CROSSING SY CONSTRUCT DRAINAGE STRUCTURE W/ R-4342 STOOL GRATE, DESIGN EACH 2506.502 27" CONSTRUCT DRAINAGE STRUCTURE, DESIGN 2' x 3' BOX CB W/ R-3067- EACH 2506.502 V FRAME & GRATE CONSTRUCT DRAINAGE STRUCTURE, DESIGN 48" MH OR C8-MH W/ R- EACH 2506.502 3067 OR R-1678-A CONSTRUCT DRAINAGE STRUCTURE, DESIGN 54" MH W/ R-1678-A EACH 2506.5G2 FRAME & GRATE CONSTRUCT DRAINAGE STRUCTURE, DESIGN 60" SPECIAL MH (SEE EACH 2506.502 SPECIAL CONDITION-250G) INCLUDES GRATE F&I AND ADJUST R-1678-A FRAME & RADIAL GRATE OR SOLID LID FOR EACH 250G.522 EX MH IN 81T OR BLVD. 2506.522 ADJUST/ F&I CASTING FOR EXISTING STORM MH EACH 250G.522 ADJUST/INSTALL FURNISHED CASTING FOR SAN. SEWER MH IN BIT EACH RECONSTRUCT SANITARY SEWER MANHOLE (MH 18-23) INVERT. EACH 2506.602 INVERT 2" TOO HIGH. CONNECT TO EX. DRAINAGE STRUCTURE (MH, CB/MH OR BUILD OVER EACH 2506.602 EX. PIPE) 2511.502 RANDOM RIPRAP, CLASS III (AT FLARED END OUTLETS) TON 2511.515 GEOTEXTILE FILTER, TYPE IV (AT FLARED END OUTLETS) SY 2531.501 CONCRETE C&G, DESIGN 8612, 8618, B624, RIBBON OR TRANSITION LF CONCRETE C&G, DESIGN VALLEY GUTTER FOR COMMERCIAL LF 2531.501 ENTRANCE 1.00 1,00 1.00 1.00 336.00 142.00 110.00 20.00 13.00 290.00 1.00 1.00 1.00 23.00 1.00 10.00 3.00 3.00 1.00 2.00 14.20 1.00 4.00 4.00 1.00 1.00 3.00 1.00 4.00 1.00 1.00 8.00 8.00 33.40 33.40 90.00 70.00 1,758.00 2,233.00 475.00 n/a 1.00 1.00 1.00 1,00 336.00 145.00 106.00 20.00 13.00 290.00 1.00 1.00 1.00 23.00 4.00 7.00 n/a 2.00 n/a 2.00 17.70 n/a 4.00 4.00 1.u0 1.00 3.00 1.00 4.00 $889.00 $ 889.00 $1,214.00 $ 1,214.00 $487.00 $ 487.00 $506.00 $ 506.00 $10.00 $ 3,360.00 $26.72 $ 3,874.40 $27.29 $ 2,892.74 $98.25 $ 1,965.00 $76.92 $ 999.96 $1.00 $ 290.00 $3,499.00 $ 3,499.00 $250.00 $ 250.00 $577.00 $ 577.00 $10.00 $ 230.00 $650.00 $ 2,600.00 $300.00 $ 2,100.00 $600.00 n/a $100.00 $ 200.00 $300.00 n/a $50.00 $ 100.00 $25.00 $ 442.50 $1,000.00 n/a $1,284.00 $ 5,136.00 $2,178.00 $ 8,712.00 $2,461 .CO $ 2,461.00 $7,000.00 $ 7,000.00 $350.00 $ 1,050.00 $600.00 $ 600.00 $300.00 $ 1,20D.00 $500.00 $ 500.00 $200.00 $ 1,600.00 $100.00 $ 3,340.00 $10.00 $ 700.00 $10.30 $ 22,999.90 $20.00 n/a Packet Page Number 148 of 220 Agenda Item M2 Attachment 3 3ot3 2531.501 SAW & SEAL EXISTING CRACKED CONCRETE W/EPOXY GROUT LF 2531.507 8" CONCRETE DRIVEWAY PAVEMENT, RESIDENTIAL SY 2540.602 REINSTALL MAILBOX SUPPORT (SALVAGED) EACH 2563.601 TRAFFIC CONTROL LS 2571A.601 INFILTRATION BED PREPARATION LS 2571 603 ROCK INFILTRATION SUMPS FOR INFILTRATION BASIN WITH TYPE V . GEO. FABRIC TON 2573.502 SILT FENCE, TYPE PREASSEMBLED LF 2573.530 INLET PROTECTION, TYPE A EACH 2573.530 INLET PROTECTION, TYPED EACH 2573.601 EROSION CONTROL, CONTRACT"OR'S PLAN (1/2% A41N) LS 2573.602 FURNISH AND MAINTAIN ROCK ENTRANCE PAD AS PER PLATE 350 EACH 2575 523 EROSION CONTROL BLANKET, CATEGORY 3 (TYPE STRAW 2S) (SEE SC- . 2575) SY 2575 532 COMM. FERT., ANALYSIS 20-0-1D/10-0-20 FOR SODDED/SEEDED AREAS . W/ MIX 270RT LB 2575.604 SEEDING MIX 270RT APPLICATION RATE 120LBS/ACRES SY 2575.604 SODDING, TYPE LAWN (INCLUDING 270RT SEED @ 30 LB/AC) SY 2575 604 TURF EST. @ INFILTRATION BASIN 80TTOM (INCL. SEED 310NWT, & . WARRANTY) SY 2575 604 TURF EST. AT INFILTRATION BASIN FRINGE/UPLAND (INCL. SEED . 340NSM 8 WARRANTY) SY 2575.G04 TURF EST. AT POND FRINGE (INCL. SEED 310 NTW & WARRANTY) SY 2575.604 TURF EST. POND UPLAND (INCL. SEED 350NGR & WARRANTY) SY 20.00 0.00 $10.00 $ - 59.00 153.00 $55.00 $ 8,415.00 2.D0 2.00 $100.00 $ 200,00 1.D0 1.00 $4,500.00 $ 4,500.00 1.00 1.00 $1,500.00 $ 1,500.00 8.00 n/a $100.00 n/a 630.00 630.00 $3.00 $ 1,890.00 9.00 9.00 $100.00 $ 900.00 1.00 1.00 $100.00 $ 100.00 1.00 1.00 $3,000.00 $ 3,000.00 3.00 2.00 $600.00 $ 1,200.00 2,540.00 3,840.00 $1.65 $ 6,336.00 51.00 51.00 $1.60 $ 81.60 173.00 374.00 $1.50 $ 561.00 1,232.00 2,075.00 $3.90 $ 8,092.50 900.00 900.00 $1.90 $ 1,710.00 420.00 420.00 $1.90 $ 798.00 403.00 403.00 $1.90 $ 785.70 700.00 700.00 $1.90 $ 1,330.00 TOTAL $ 335,614.12 Original contract amount $335,615.50 Total earned to date $ 335,614.12 Less 0% retainage $0.00 Plus incentives Less liquidated damages Subtotal $335,614,12 Less previous payments $332,257.97 Amount due this estimate ~ i~ $3,356,14 ~~7 / i d ~ ~s,spp Contractor: G~~ ~- ~~~ D t ~ ~ ~ ; /~ ~i ~ ( a e: "" Engineer: Date: Packet Page Number 149 of 220 Agenda Item M3 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, Assistant City Engineer SUBJECT: Ferndale-Geranium Area Street Improvements, Project 07-14, Resolution Approving Final Payment and Acceptance of Project (Includes Change Order No. 4) DATE: March 10, 2009 INTRODUCTION The contractor, T.A. Schifsky and Sons, Inc., has completed the project improvements. The city council will consider approving the attached resolution for acceptance of the project and approving final payment to the contractor, which includes approval of Change Order No. 4. BACKGROUND On August 27, 2007, the City Council awarded TA Schifsky and Sons a construction contract for utility and roadway improvements in the amount of $1,475,929. The contractor on that project was also available to immediately implement additional work for sanitary and water extension in Linwood Avenue near Ferndale Street. After three change orders, which included the additional utility extensions, the contract amount was $1, 862, 497.86. With Change Order No. 4 in the amount of $9,688.84, the adjusted contract amount is $1,872,186.70. This change order consists mainly of costs associated with transverse pavement milling as seen in the attached change order documentation. The total amount earned by the contractor for this project is $1,859,819.87 which is just under the adjusted contract amount. BUDGET The current approved budget for the project is $2,438,400. Including the final contractor payment, the total project cost would be $2,416,923. Once all financial transactions have been completed staff will bring back a final financing plan and recommend closure of the project fund. The following is the current financing plan: City Project 07-14 (Fund 579) Financing Amount Street Assessments $ 431,100 Storm Sewer Assessments $ 13,940 Watermain Assessments $ 69,700 Linwood Assessments $ 60,000 Sanitary Sewer Utility Fund $ 162,800 Environmental Utility Fund (EUF) $ 288,000 SAC Funds $ 20,000 WAC Funds $ 80,000 Driveway Replacement Program $ 25,460 MSA Bonds $ 255,600 G. O. Improvement Bond $ 1,031,800 Total $ 2,438,400 Packet Page Number 150 of 220 Agenda Item M3 RECOMMENDATION It is recommended that the city council approve the attached resolution for the Ferndale-Geranium Area Street Improvements, City Project 07-14: Approving Final Payment and Acceptance of Project Including Approval of Change Order No. 4. Attachments: 1. Resolution 2. Location Map 3. Change Order No. 4 4. Final Payment Application Packet Page Number 151 of 220 Agenda Item M3 Attachment 1 RESOLUTION APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT CITY PROJECT 07-14 (INCLUDES CHANGE ORDER NO. 4) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 07-14, Ferndale Geranium Area Neighborhood Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 07-14, Change Order No. 4, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Ferndale-Geranium Area Street Improvements, City Project 07-14, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 4 in the amount of $9,688.84. The revised contract amount is $1,872,186.70. 2. City Project 07-14 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $1,859,819.87. Final payment to T.A. Schifsky and Sons, Inc., and the release of any retainage or escrow is hereby authorized. Approved this 23rd day of March 2009 Packet Page Number 152 of 220 Agenda Item M3 Attachment 2 EARr ~N ~IIN DR W LN 4 5 ~~ \ ~ ~' AVE. ° ANTELOPE WAY 0 2 AMBERJACK LN w 3 BEAVERDALE RD 4 BOBCAT LN ~ 5 COUGAR LN ° AVE. ~ ROSEe c~ 6~ ~ ~NOEIA -= ~ ~ z ~ ~ ~ w Q ~ 1 AVEe Q ~= N ®,~ . ~ ~E Geranium Park -\\~\' S 0 ~~ z w ~ O ~ c~ z o Q ~ z ~O N~E Eernda eGeranium, 071 4 Maplewood, Minnesota Proposed 2007 Construction ~ i ~ ~ ~ ~ a ~ c~ ~ ~ ~ ~ cn w ~ z z ~ ~° ~ Q C w ~ ~ o ~ HAWTHORNS AVE. ~P~j Packet Page Number 153 of 220 ~J SEH CHANGE ORDER Agenda Item M3 Attachment 3 City of Maplewood February 13, 2009 OWNER DATE 07-14 a OWNER'S PROJECT NO. Ferndale Geranium Area Street Improvements PROJECT DESCRIPTION CHANGE ORDER NO. A-MAPLE0711.00 SEH FILE NO. The following changes shall be made to the contract documents: Description: Add the following Items: Unit Quantity Unit Price Total Price Transverse Pavement Milling SY 279.8 $24.81 $6,941.84 Sanitary Sewer Service Connection Each 1 1,347.00 1,347.00 Reconstruct Retaining Wall Each 1 1,400.00 1,400.00 Total $9,688.84 Purpose of Change Order.' To compensate contractor in full for all labor, equipment, and materials used to complete this work. Basis of Cost..• ®Actual ^ Estimated Attachments (list supporting documents) Contract Status Time Cost Original Contract $1,475,929.15 Net Change Prior C.O.'s 1 to 3 $386,568.71 Change this C.O. $9,688.84 Revised Contract $1,872,186.70 Recommended forApproval: Short Elliott Hendrickson Inc. by °" ~; Steve Heth ed to by C~tractor.' a~ ~a ,~ BY T~~A.}}Schif~sk^y;& Sons„Inc. TITLE Distribution Contractor 2 Owner 1 c\documents and settings~shethMy documents\chenge orderfk 4.doc Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer ~ www.sehinc.com ( 651.490.2000 ~ 800.325.2055 ~ 651.490.2150 fax Approved for Owner: BY City of Maplewood TITLE Project Representative 1 SEH Ofrce 1 1/04 Packet Page Number 154 of 220 JJ// Application for Payment Agenda Item M3 ~J Attachment 4 (Unit Price Contract) SEH No. 9 Final Eng. Project No.: A-MAPLE0711.00 Location: City of Maplewood Conhactor T.A. Sclufsky & Sons, Inc. Contract Date 2370 E. Hwy 36 No. St Paul, MN 55109 Contract Amount 1,475,929.15 Contract for Ferndale-Geranium Area Sheet Improvements Application Date For Period Ending Item No. Item Unit Est. Quantity to Unit Price Total Price Quantity Date 2021.501 MOBILIZATION (5%MAX.) LS 1 1 $54,135.00 $54,135.00 2101.502 CLEAR TREE 19 13 92.21 $1,198.73 2101.507 GRUB TREE 19 9 92.21 $829.89 2104.501 REMOVE CONCRETE CURB & GUTTER LF 9211 9310.5 2.05 $19,086.53 2104.501 REMOVE CMP & RCP PIPE (STORM) LF 674 777 8.96 $6,961.92 2104.503 REMOVE CONCRETE SIDEWALK (PRIVATE) SY 40 0 2.05 $0.00 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 1495 1120 3.07 $3,438.40 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT (PRIVATE) SY 200 5 3.07 $15.35 2104.505 REMOVE BITUMINIOUS DRIVEWAY PAVEMENT S Y 518 372 3.07 $1,142.04 2104.505 REMOVE BITUMINIOUS DRIVEWAY PAVEMENT (PRIVATE) SY 400 214.8 2.56 $549.89 2104.509 REMOVE CATCH BASIN OR MANHOLE (STORM) EACH 21 21 287.01 $6,027.21 2104.511 SAWING CONCRETE PAVEMENT (FULL DEPTH) LF 657 339 3.07 $1,040.73 2104.513 SAWING BITUMINIOUS PAVEMENT (FULL DEPTH) LF 912 976.2 2.36 $2,303.83 2104.523 SALVAGE CASTING EACH 44 45 102.45 $4,610.25 2104.602 SALVAGE & INSTALL CASTING EACH 7 7 307.35 $2,151.45 2104.603 ABANDON STORM SEWER LF 234 135 14.34 $1,935.90 2105.501 COMMON EXCAVATION EV (P) CY 9015 9015 4.28 $38,584.20 2105.501 COMMON EXCAVATION EV (FOR DRIVEWAYS PRIVATE) CY 200 172.77 5.22 $901.86 2105.507 SUBGRADE EXCAVATION (EV) CY 15845 15845 4.30 $68,133.50 2105.507 SUBGRADE EXCAVATION (EV) (FOR DRIVEWAYS PRIVATE) CY 100 0 6.15 $0.00 2105.511 COMMON CHANNEL EXCAVATION (EV) (P) CY 565 565 5.31 $3,000.15 2105.522 SELECT GRANULAR BORROW (CV) CY 15845 I5845 7.16 $113,450.20 2105.526 SELECT TOPSOIL BORROW (CV) CY 2339 2339 12.60 $29,471.40 2105.526 SELECT TOPSOIL BORROW (CV) (FOR DRIVEWAYS PRIVATE) CY 40 20.86 12.60 $262.84 2105.604 GEOTEX'I'ILE FABRIC, TYPE V SY 25484 25129 1.81 $45,483.49 2I05.609 3/4" CLEAR CRUSHED ROCK TON 5 5 56.35 $281.75 2I23.501 LABORER HOUR 85 15 66.59 $998.85 2I23.514 3 CY FRONT END LOADER HOUR 50 5 87.08 $435.40 2123.61 3 CY BACKHOE HOUR 56 10 92.2I $922.10 2123.61 STREET SWEEPER W/PICK-UP BROOM HOUR 40 26.25 87.08 $2,285.85 2130.501 WATER FOR DUST CONTROL MGAL 205 I53 25.61 $3,918.33 2211.501 AGG. BASE CL. 6 - 100% CRUSHEll TON 1647 1647 9.27 $15,267.69 2211.501 AGG. BASE CL. 6 - 100% CRUSHED (DRIVEWAYS) TON 490 288.7 10.25 $2,959.18 2211.501 AGG. BASE CL. 6 - 100% CRUSHED (DRIVEWAYS PRIVATE) TON 300 62.5 10.25 $640.63 221 L607 AGGREGATE BASE PLACED, SALV. BIT. 3c CL. 5 (P) CY 4595 4595 4.32 $19,850.40 2232.604 PULVERIZE BITUMINOUS PAVEMENT (P) SY 20475 20475 1.02 $20,884.50 2232.604 MILL BITUMINOUS PAVEMENT (0-2") (P) SY 0 0 512.25 2331.603 SAWED/SEALED JOINT LF 7332 4992 1.49 $7,438.08 2331.603 PAVEMENT CRACK ROUT 3c SEAL (DRIVEWAYS PRIVATE) LF 150 0 1.74 $0.00 2350.SOI TYPE LV 3 WEARING COURSE MIXTURE TON 1918 1918.00 48.15 $92,351.70 230.502 TYPE LV 3 NON WEARING COURSE MIXTURE TON 2554 2554 46.10 $117,739.40 2350.503 3" BITUMINOUS PAVEMENT -DRIVEWAY TYPE LV 4 SY 1272 1274.5 17.21 $21,934.15 2350.503 3" BITUMINOUS PAVEMENT -DRIVEWAY TYPE LV 4 SY 150 133.1 22.54 $3,000.07 2356.604 BITUMINOUS SEALCOAT DRNEWAY (PRNATE) SY 150 0 1.64 $0.00 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL 1011 987 2.31 $2,279.97 2451.603 UTILITY TRENCH EXCAVATION LF 400 370 15.67 $5,797.90 Short Elliott Hendrickson Inc. Packet Page NuPr~e~ of 6 155 of 220 Agenda Item M3 Attachment 4 Item No. Item Unit Est. Quantity to Unit Price Total Price Quantity Date 2451.607 GRANULAR PB'E FOUNDATION (CV) CY 140 288.01 28.69 $8,263.01 2501.515 24" RCP APRON W/TRASH GUARD EACH 2 2 1,229.40 $2,458.80 2501.515 42" RCP APRON W/TRASH GUARD EACH 1 1 2,515.15 $2,515.15 2501.602 SKIMMER STRUCTURE (WOOD) EACH 1 1 2,606.5] $2,606.51 2502.541 4" PERF DRAIN W/ GEO & ROCK LF 3018 3018 6.00 $18,108.00 2503.511 8" DIP SEWER, CL. 52 LF 10 10 123.86 $1,238.60 2503.521 44" SPAN RC PIPE-ARCH SEWER CL 11A LF 234 234 92.21 $21,577.14 2503.541 15" RCP SEW, CL. 5, DES. 3006 LF 181 327 30.74 $10,051.98 2503.547 24" RCP SEW, CL. 3, DES. 3006 LF 923 916 37.70 $34,533.20 2503.541 42" RCP SEW, CL. 3, DES. 3006 LF 14 7 87.95 $615.65 2503.602 CONNECT TO EXISTING STORM SEWER EACH 5 14 471.27 $6,597.78 2503.602 REPLACE SANITARY WYE WITH SDR 35 WYE EACH 5 9 681.29 $6,131.61 2503.602 CUT IN 8"X 4"PVC WYE EACH 4 5 1,132.07 $5,660.35 2503.603 4" PVC SANITARY SERVICE PIPE LF 773 141 22.54 $3,178.14 2503.603 4" OR 6" SAN. SEW. SERV./REPL. AS PER PLATE 410 OR 410A LF 205 353 28.69 $10,127.57 2504.603 REPLACE SANITARY SEWER PIPE (8") LF 85 85 88.11 $7,489.35 2504.602 HYDRANT EACH 2 2 2,422.94 $4,845.88 2504.602 6" GATE VALVE AND BOX EACH 2 2 804.23 $1,608.46 2504.602 8" GATE VALVE AND BOX EACH 2 3 1,045.89 $3,137.67 2504.602 1" CURB STOP AND BOX EACH 19 18 215.15 $3,872.70 2504.602 1" CORPORATION STOP EACH 19 18 56.35 $1,014.30 2504.602 CONNECT TO EXISTING WATERMAIN EACH 2 2 476.39 $952.78 2504.602 ADJUST VALVE BOX EACH 6 12 184.41 $2,212.92 2504.602 ADJUST CURB STOP EACH 70 6 66.59 $399.54 2504.602 INSTALL FORD COVER FURNISHED BY SPRWS EACH 1 7 256.I3 $1,792.9] 2504.603 1" COPPER SERVICE PIPE, TYPE K LF 616 615.9 18.44 $11,357.20 2504.603 6" DIP WATER MAIN, CLASS 52 LF 21 2 L5 24.59 $528.69 2504.603 8" DIP WATER MAIN, CLASS 52 LF I232 1227 27.57 $33,828.39 2504.603 VALVE BOX REPAIR LF 6 7 682.22 $4,775.54 2504.604 2" RIGID INSULATION SY 11 1.7 12.29 $20.89 2504.608 DUCTILE IRON FITTINGS, EPOXY COATED (COMPACT) LBS 322 232 4.46 $ I,034.72 2506.521 INSTALL CASTING ASSY. (SUPPLIED BY MAPLEWOOD - EACH I8 18 256.13 $4,6]0.34 2506.602 CONST CB, TYPE 27" DIA. EACH 1 1 681.29 $681.29 2506.602 CONST CB, TYPE 2' X 3' BOX EACH 6 7 932.30 $6,526.10 2506.602 CONST CB OR MH, TYPE 48" DIA. EACH 11 I2 I,080.85 $I2,970.20 2506.602 CONST CB, TYPE 48" DIA. (WITH 3' SUMP) EACH 1 1 1,418.93 $1,4]8.93 2506.602 CONST CB, TYPE 54" DIA. (WITH 3' SUMP) EACH 1 1 1,854.35 $1,854.35 2506.602 CONST CB, TYPE 60" DIA. (WITH 3' SUMP) EACH 1 I 2, I6 L70 $2,161.70 2506.602 CONST CB, TYPE 60" DIA. EACH 3 3 I,895.33 $5,685.99 2506.602 CONST CB, TYPE I02" DIA. EACH 1 I 4,456.58 $4,456.58 2506.602 CASTING ASSEMBLY, R-3067V EACH 20 22 399.56 $8,790.32 2506.602 CASTING ASSEMBLY, R-1678-A W/ R-I422-AI LID (STORM) EACH 2 2 291.98 $583.96 2506.602 CASTING ASSEMBLY, R-3250-1 EACH 9 9 522.50 $4,702.50 2506.602 SEAL MANHOLE (SANITARY) EACH 2 2 348.33 $696.66 2506.603 RECONSTRUCT MANHOLE OR CATCH BASIN LF 21.2 2 L2 276.62 $5,864.34 2511.501 RANDOM RIPRAP, CLASS III CY 8.3 9.5 69.97 $664.72 2511.501 RANDOM RIPRAP, CLASS IV CY 22 35.3 70.69 $2,495.36 2511.515 GEOTEXTILE FABRIC, TYPE IV SY 50 335 8.20 $2,747.00 2511.607 HAND PLACED RIPRAP, CLASS II CY IO 28 76.84 $2,151.52 2531.501 CONCRETE C & G, DESIGN B-618 LF I1512 11865.19 8.65 $102,633.89 2531.501 CONCRETE C & G, DESIGN B-618 (HIGH EARLY) LF 334 136.3 10.03 $1,367.09 2531.507 6" CONCRETE PAVEMENT -DRIVEWAY, RESIDENTIAL SY 303 303 36.88 $11,174.64 2531.507 6" CONCRETE PAVEMENT -DRIVEWAY, RESIDENTIAL SY 150 127.8 39.96 $5,106.89 2531.507 8" CONCRETE PAVEMENT -DRIVEWAY, COMMERCIAL (HIGH SY 828 984.3 44.77 $44,067.11 2531.604 7" CONCRETE VALLEY GUTTER SY 23 24 49.18 $1,180.32 2540.602 RELOCATE MAILBOX EACH 47 47 92.21 $4,333.87 2540.602 RELOCATE MAILBOX-MULTIPLE COMMERCIAL DESIGN EACH 4 4 153.68 $614.72 2563.601 TRAFFIC CONTROL LS 1 1 3483.3 $3,483.30 2573.502 SILT FENCE, PREASSEMBLED -TYPE HEAVY DUTY LF 1014 336 1.95 $655.20 2573.601 STORM DRAIN INLET PROTECTION LS 1 1 1536.75 $1,536.75 2573.601 EROSION CONTROL, CONTRACTOR'S PLAN LS 1 1 10500 $10,500.00 2573.603 BIOROLL LF 550 75 3.18 $238.50 2575.501 SEEDING ACRE 2.58 2.58 1229.4 $3,171.85 Short Elliott Hendrickson Inc. Packet Page NI.PI~~~ of 6 156 of 220 Agenda Item M3 Attachment 4 Item No. I Item ( Unit I Est. I Quantity to I Unit Price I Total Price Quantity Date 2575.521 EROSION CONTROL NETTING, TYPE 2 SY 5560 6567.65 1.43 $9,391.74 2575.523 WOOD FIBER BLANKET, TYPE REGULAR SY 6928 7946 1.63 $12,951.98 2575.532 COMM FERTILIZER, ANALYSIS 22-0-10 LBS 905 1040 0.59 $613.60 2575.602 RAIN GARDEN PREP. SMALL (EXC./ROCK EACH 16 0 1618.71 $0.00 2575.602 RAIN GARDEN PREP. LARGE (EXC./ROCK EACH 9 6 2253.9 $13,523.40 2575.608 SEED MIXTURE 260 LBS 230 460 3.07 $1,412.20 2575.608 SEED MIXTURE 328 LBS 30 30 4.51 $135.30 ALTERNATE A GERANIUM PARK PARKING LOT 2101.502 CLEAR TREE 2 3 102.45 $307.35 2101.507 GRUB TREE 2 3 102.45 $307.35 2104.501 REMOVE CONCRETE CURB & GUTTER LF 460 460 2.05 $943.00 2104.602 SALVAGE & INSTALL CASTING EACH 1 1 409.8 $409.80 2105.501 COMMON EXCAVATION EV (P) CY 515 515 4.61 $2,374.15 2105.507 SUBGRADE EXCAVATION (EV) CY 2635 2635 4.61 $12,147.35 2105.526 SELECT TOPSOIL. BORROW (CV) CY 205 60 12.6 $756.00 2105.604 GEOTEXTILE FABRIC, TYPE N SY 2310 2665 2.56 $6,822.40 2232.604 PULVERIZE BITUMINOUS PAVEMENT (P) SY 1055 1055 0.87 $917.85 2350.501 POROUS PAVEMENT TON 370 331 138.31 $45,780.61 2105.501 1/2" CRUSHED ROCK CHOKER COURSE (P) CY 275 275 38.93 $10,705.75 2105.501 2"-3" CRUSHED ROCK (P) CY 2635 2669 40.98 $109,375.62 2502.541 8" PVC SDR 26 LF 70 70 34.16 $2,391.20 2503.602 CONNECT TO EXISTING STORM SEWER EACH 1 1 665.93 $665.93 2506.602 CASTING ASSEMBLY, R-3067V EACH 1 0 394.43 $0.00 2531.501 CONCRETE C & G, DESIGN B-612 LF 710 712.1 11.27 $8,025.37 2531.602 PEDESTRIAN CURB RAMP EACH 1 1 563.48 $563.48 2573.502 SILT FENCE, PREASSEMBLED -TYPE HEAVY DUTY LF 300 0 1.95 $0.00 2573.603 BIOROLL LF 40 0 3.18 $0.00 2575.501 SEEDING ACRE 0.25 0.5 1434.3 $717.15 2575.521 EROSION CONTROL NETTING, TYPE 2 SY 800 1965.7 1.43 $2,810.95 2575.523 WOOD FIBER BLANKET, TYPE REGULAR SY 400 400 1.63 $652.00 2575.532 COMM FERTILIZER, ANALYSIS 22-0-10 LBS 88 88 0.59 $51.92 2575.602 RAIN GARDEN PREP. LARGE (EXC./ROCK EACH 1 1 2049 $2,049.00 2575.608 SEED MIXTURE 260 LBS 25 50 10.25 $512.50 Total Contract Amount $1,442,677.08 CHANGE ORDER #1 Est. Quantity to Item No. Item Unit Unit Price Total Price Quantity Date 1 MOBILIZATION LS 1 1 4151.41 $4,151.41 2 REMOVE BITUMINOUS PAVEMENT SY 1140 1140 3.11 $3,545.40 3 SAWING BITUMINOUS PAVEMENT LF 235 174 3.11 $541.14 4 SALVAGE/INSTALL EA 1 2 458.89 $917.78 5 SELECT TOPSOIL BORROW - CV CY 50 50 25.95 $1,297.50 6 STREET S WEEPER HR 5 4.5 134.92 $607.14 7 AGGREGATE BASE CLASS 5 100% CRUSHED TN 550 1351 15.46 $20,886.46 8 TYPE LV3 WEARING COURSE MIXTURE TN 105 139.58 73.69 $10,285.65 9 'T'YPE LV3 NONWEARING COURSE MIXTURE TN 140 124.64 72.44 $9,028.92 10 BITUMINOUS MATERIAL FOR TACK COAT GL 60 0 5.29 11 CRUSHED ROCK PIPE FOUNDATION TN 30 0 25.05 12 CONNECT TO EXISTING MANHOLE EA 1 1 1051.85 $1,051.85 13 8-INCH X 4-INCH SCH. 40 WYE EA 2 3 68.84 $206.52 14 8-INCH PVC PIPE SEWER SDR 35 LF 230 330 37.74 $12,454.20 15 4-INCH YVC SANl"1'ARY SEWER SERVICE PIPE (SCH. 40) LF 80 98 38.98 $3,820.04 16 HYDRANT EA 1 1 2340.87 $2,340.87 17 6" GV EA 1 0 774.87 18 1" CS/Box EA 2 0 213.61 19 1" CORD EA 2 0 73.94 20 CONNECT TO EXISTING WATERMMAIN EA 1 5 660.97 $3,304.85 21 1"COPPER LF 85 85 42.53 $3,615.05 zz 6" DIP 53 LF 10 1 37.87 $37.87 23 8" DIP 52 LF 240 240 40.66 $9,758.40 Short Elliott Hendrickson Inc. Packet Page Nt.R~~@~ of 6 157 of 220 Agenda Item M3 Attat^.hmPnt 4 Item No. Item Unit Est. Quantity to Unit Price Total Price Quantity Date za COMPACT DI FrrTINGS LB 450 0 3.9 25 SANITARY MANHOLE EA 2 2 2225.78 $4,451.56 26 RELOCATE MAILBOX EA 2 2 77.84 $155.68 27 TRAFFIC CONTROL LS 1 2 1556.78 $3,113.56 28 SILT FENCE LF 50 250 2.08 $520.00 z9 SOD sY 300 613.9 6.23 $3,824.60 Total for C hange Order #1 $99,916.45 CHANGE ORDER #2 Item No. Item Unit Est. Quantity to Unit Price Total Price _ _ Quantity Date 1 CLEARING EA 1 1 250 $250.00 z GRUBBING EA 1 1 250 $250.00 3 MOBB.IZATION LS 1 1 3000 $3,000.00 4 REMOVE DRAINAGE STRUCTURE EA 1 1 500 $500.00 5 REMOVE STORM SEWER PIPE LF 60 60 12 $720.00 6 COMMON EXCAVATION (INCLUDES FROST REMOVAL) CY 1680 1680 17.5 $29,400.00 7 GEOTEXTILE FABRIC TYPE V SF 840 840 3.5 $2,940.00 8 sITUMINOUS COLD Mix TON 150.48 150.48 135 $20,314.80 9 TYPE LV3 WEARING COURSE MLYTURE TON 36 36 73.69 $2,652.84 10 TYPE LV3 NONWEARING COURSE MLYTURE TON 27 27 72.44 $1,955.88 11 CONSTRUCT CB TYPE 27" EA 1 1 2650 $2,650.00 12 24" CORREGATED SMOOTH WALL HDPE PIPE LF 60 60 50 $3,000.00 13 2 "RIGID INSULATION SF 232 232 15.07 $3,496.24 14 SALVAGE AND INSTALL STREET SIGN EA 1 1 150 $150.00 15 STRIPING WHITE SOLID LF 600 752 1.25 $940.00 16 STRIPING DOUBLE YELLOW SOLID LF 300 358 1.25 $447.50 Total for C hange Order #2 $72,667.26 CHANGE ORDER #3 Item No. Item Unit Est. I quantity Quantity to Date Unit Price Total Price 1 St. Paul Water Flushed Into Excavation LS 1 1 4149.2 $4,149.20 Z Excavate and Repair Leaking Gate Valve LS 1 1 902 $902.00 3 Hand Dig Structure 526 LS 1 1 1112.81 $1,112.81 4 Relocate Water Lines at Fire Station LS 1 1 6209.24 $6,209.24 S Adjust Water Service Curb Boxes LS 1 1 2762.83 $2,762.83 6 Water Service Cutt Off at 1172 Ferndale LS 1 1 1058.45 $1,058.45 7 Repair Geranium Wear Course at Yocum Oit LS 1 1 330 $330.00 8 Lower Qwest Line on Geranium LS 1 1 1529 $1,529.00 9 Curb Damage by Comcast and Xcel LS 1 1 2557.5 $2,557.50 t0 Driveway Damage by Xcel LS 1 1 640 $640.00 t t New Watermain Conflict with Existing Sanitary Sewer Service LS 1 1 1950.28 $1,950.28 12 Culvert Repair 2666 Geranium LS 1 1 1966.76 $1,966.76 t3 Relocation of Existing Watermain LS 1 1 9602.21 $9,602.21 t4 Sanitary Sewer Service 1167 Glendon LS 1 1 1780.5 $1,780.50 15 Locate Sanitary Sewer Service to Vacant Lot on Femdale LS 1 1 3470 $3,470.00 16 Supply Manhole Castings LS 1 1 5103.41 $5,103.41 t7 Draintile Stubs for Sump Pump Connections LS 1 1 880 $880.00 t8 Additional Gravel on Glendon LS 1 1 2939.2 $2,939,20 19 Temporary Road on Geranium LS 1 1 683.1 $683.10 ZO Rock Trench in Park LS 1 1 7667 $7,667.00 Z1 Linwood Street Maintenance LS 1 1 1867.55 $1,867.55 Z2 Relocate Trees LS 1 1 1573 $1,573.00 Z3 Select Granular Borrow LS 1 1 10006.82 $10,006.82 Z4 3/4" Clear Crushed Rock LS 1 1 38316.87 $38,316.87 ZS Aggregate Base Class 6 - 100% Crushed LS 1 1 40446.49 $40,446.49 26 4" Perforated Drain Tile with Sock LS 1 1 16482 $16,482.00 27 Topsoil Borrow LS 1 1 4498.83 $4,498.83 Short Elliott Hendrickson Inc. Packet Page Nt.~r>~~@f of 6 158 of 220 Agenda Item M3 Attat:hment 4 Item No. Item Unit Est. Quantit 28 Mill Bituminous Pavement LS 1 29 Type LV3 Wearing Course Mixture LS 1 30 Type LV3Nnn-Wearing course Mixture LS 1 31 6" Concrete Pavement -Driveway, Residential LS 1 32 Replace Sanitary Sewer Pipe (8") LS 1 Duantity to Date Unit Price 1 3380.85 1 7788.26 1 15518.64 1 24480.94 1 13216.5 Total Price - $3,380.85 $7, 788.26 $15,518.64 $24,480.94 $13,216.50 Total for Change Order No. 3 CHANGE ORDER #4 $234,870.24 Est. Duantity to Item No. Item Unit Unit Price Total Price quantity Date 1 Transverse Pavement Milling SY 279.8 279.8 24.81 $6,941.84 2 Sanitary Sewer Service Connection Each 1 1 1347 $1,347.00 3 Reconstruct Retaining Wall Each 1 1 1400 $1,400.00 Total for Change Order No. 4 $9,688.84 Short Elliott Hendrickson Inc. Packet Page NuPn~~~l8 of 6 159 of 220 Application for Payment (continued) Total Contract Amount $ 1,475,929.15 Total Amount Earned Material Suitably Stored on Site, Not Incorporated into Work Contract Change Order No. I Percent Complete Conn~act Change Order No. 2 Percent Complete Contract Change Ordcr No. 3 Percent Complete Contract Change Order No. 4 Percent Complete Less Previous Applications: GROSS AMOUNT DUE APP No. I: 282,262.28 APP No. 6: 367,277.86 LESS 0 % RETAINAGG APP No. 2: 500,389.92 APP No. 7: 286,732.40 AMOUNT DUE TO DATE APP No. 3: 116,300.86 AFP No. 8: L35,270.53 LESS PREVIOUS APPLICATIONS AFP No. 4: 54,279.38 APP No. 9: AMOUNT DUE THIS APPLICATION APP No. 5: 96,963.79 Agenda Item M3 Attachment 4 $ 1,442,677.08 99,916.45 72,667.26 234,870.24 9,(88.84 $ 1,859,819.87 $ 0.00 $ 1,859,819.87 $ 1,839,477.02 $ 20,342.85 COl\'TRAC.TOR'SAFFIDAV1T The undersigned Contractor hereby swears under penalty of perjury that (I) all previous progress payments reccivcd $om the Owner on account of work performed under the Contract referred to above have been applied by the undersigned to discharge in Pull all obligations of the undersigned incurred in comiection with work covered by prior Applications for Payment under said contract, Ferndale-Geranium Area Street Improvements, City of Maplewood, and (2) all material and equipment incorporated in said Projector otherwise listed in or covered by this Application for Payment and free and clear oP all liens, claims, security interests and encumbrances. Dato ~( .~'~ ~ ~~ , 20~ COUNTY OF ~~ ~ ) s~rA rF--, or _~~~l~~ __ > ss T.A. Schifskv & sous, Inc (Contractor) fey ~ ~ ~Q ~~--~.,,~ (Name and `Pule) ~ ~~ Before me on this ~~ day of t-~~'}i/~ ~t~ ~ ~%k _, 20 ~. ~ ,personally appeared 1°~^ ~- ' ~ -~~~ ~ ]mown to be, ~a~ho being duly sworn did depose and say that he is the ~ ~ ~ ~ " 1 ul I iee) of the Contactor above mentioned that he executed the above Application for _ 5,{ Payi ent _lncl ~1(uia~~t on heh ill uCsuid C~~mlu~tcir_ anal that all of the statements contained therein are tuc, correct and complete. My Comi~ii~ i c~puc~ ~'- i ~ ..;~. i ~ , ~ ~ (Notan~'Public) 'fhc undersigned has checked the Contractor's Application for Payment sho~~~n above. A part of this Application is the Contractor's Affidavit stating that all previous payments to him under this contract have been applied by him to discharge in full all of his obligations in connecting with the work by all prior Applications for Payment. In accordance with the Conh•act. the undersigned recommends approval of payment to the Contractor for the Amount due SI ort Elliott Hendrickson Inc. I3y~~ ~ Date City of Maplewood By Date Page 4 of 4 Packet Page Number 160 of 220 Agenda Item M4 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, Assistant City Engineer Steven Love, Civil Engineer II SUBJECT: Carsgrove Meadows Area Street Improvements, Project 08-10 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation of Assessment Roll DATE: March 16, 2009 INTRODUCTION Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids. The proposed bid opening for this project is scheduled for 10:00 a.m., Friday, May 1, 2009 at City Hall. Following the approval of plans and advertising for bids, the next step in the improvement process is to order preparation of the assessment roll. BACKGROUND The city council ordered the preparation of this feasibility study at the August 25, 2008, regular meeting. On January 12, 2009 the city council accepted the feasibility report and ordered the public hearing. The project was then ordered at the January 26, 2009 council meeting after the public hearing was conducted. The proposed project area is illustrated on the attached project location map and consists of Brooks Court, Connor Avenue lying west of Cypress Street, Connor Court, Cypress Street lying between County Road C and Connor Avenue, Demont Avenue, Forest Street, Palm Circle, and Palm Court. Full street reconstruction and utility improvements for this neighborhood has been designed. A plan review open house was held with residents on March 16 in the council chambers. The open house provided residents the opportunity to view the proposed plans, ask questions about the project, and make comments and recommendations on the final design. It is anticipated that the award of bid would be considered by the city council at the May 11, 2009 city council meeting after the assessment hearing is conducted. DISCUSSION In the project area there is existing concrete curb and gutter on all of the streets with the exception of Cypress Street which has bituminous curb. The bituminous curb will be removed and replaced with concrete curb and gutter. The full roadway, including the existing concrete curb and gutter, throughout the neighborhood needs to be removed and replaced as part of the street reconstruction. This is due to the poor soil conditions, lack of an adequate existing road cross-section, and low permeability of the sub base material as detailed in the feasibility report and the geotechnical engineering report. The existing pavement section and aggregate base under all of the neighborhood streets are proposed to be removed and replaced. Also a majority of areas have poor subgrade soils that will need to be removed and replaced with a granular material to allow proper subsurface drainage in order to prevent frost action. Packet Page Number 161 of 220 Agenda Item M4 The neighborhood streets are generally 32 feet wide and are proposed to remain at that same width. City staff sent out a survey to the residents proposing the narrowing of Forest Street from 36 feet to 32 feet. Over half of responses from the residents are against the idea of narrowing Forest Street citing safety concerns; a large number of residents enjoy walking in the neighborhood, children are playing, and areas for children waiting for school busses or walking to/from school bus pickup points. Therefore staff is recommending constructing Forest Street as a 36 foot wide road. There is an existing storm sewer system that services the majority of the project area. New storm structures and piping have been included to address drainage issues and to reroute drainage to the proposed filtration basins. Storm water from the project area flows to the impaired water bodies of Kohlman and Gervais Lakes. These treatment areas in combination with constructing rainwater gardens will capture and treat pollutants. Repairs will be made to the existing structures as needed and sumps will be added to structures just upstream from the proposed treatment basin areas. Repairs to the sanitary sewer system are proposed as identified through the televising of the mainline and services. Saint Paul Regional Water Services (SPRWS) does not plan on any major improvements in the project area. However, SPRWS does anticipate some minor modifications to the existing system such as gate valve adjustment/repairand removal of unused copper services. PROJECT BUDGET The approved project budget is $2,857,000. The following is a summary of the proposed financing plan: Financing Plan -Carsgrove Meadows Area Street Improvements FUNDING SOURCE FEASIBILITY RECOMMENDATIONS % G.O. IMPROVEMENT BONDS $1,637,210 57% SANITARY SEWER FUND $300,000 11% ENVIRONMENTAL UTILITY FUND $170,000 6% SPECIAL ASSESSMENTS $624,390 22% ST. PAUL WATER $32,400 1 W.A.C. FUND $53,000 2% DRIVEWAY REPLACEMENT PROGRAM $40,000 1% TOTAL FUNDING $2,857,000 100% RECOMMENDATION It is recommended that the city council approve the attached resolutions for the Carsgrove Meadows Area Street Improvements, Project 08-10: Approving Plans and Advertising for Bids and Ordering the Preparation of the Assessment Roll. Attachments 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation of Assessment Roll 3. Location Map Packet Page Number 162 of 220 Agenda Item M4 Attachment 1 RESOLUTION APPROVING PLANS AND ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on January 26th, 2009, plans and specifications for Carsgrove Meadows Area Street Improvements, Project 08-10, 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, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city engineer. 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 1St day of May, 2009, at 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 council meeting of May 11th, 2009. Packet Page Number 163 of 220 Agenda Item M4 Attachment 2 RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Carsgrove Meadows Area Street Improvements, City Project 08-10. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. thereof. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council Packet Page Number 164 of 220 P~ j Agenda Item M4 Attachment 3 ~~ ~~ ~ Kohlman va i s \La ke e ~ 6~ ~~~ ~ ~~ ~o ~. ~ ~ ~ COUNTY ROAD C ~ ~ Kohlman O Park PALM ~ ~ ~ Manufactured ~ ~ -I ~ ~ Housing CT• O ~ ~ Estates P ABM ~ U w 2 5 CIR C O~NOR o- 4 3 C O CONNOR `~~• ~ P CT. D EMON~ AVE ~ ~ w w O o ~ w o° BROOKS ~ ~ ~ CT ' ~ ~ Q ~ SEXTANT ~ 112 AVE ~ ~ ~ . ~ GER 60 O F <<F~ Spoon ~ PKV~Y 2 La~~ cn ~- ~ PROPOSED STREET IMPROVEMENT NO SCALE Capital Improvement Project for 2009 Carsgrove Meadows Area Street Improvements City Project 08-10 Packet Pa e Numb 0 165 of 220 Agenda Item M5 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, Assistant City Engineer Steve Kummer, Civil Engineer II SUBJECT: Castle Avenue Improvements -City Project 08-12 a. Resolution Approving Plans and Advertising for Bids b. Resolution Ordering Preparation of Assessment Roll DATE: March 16, 2009 INTRODUCTION Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids. The proposed bid opening for this project is scheduled for 10:00 a.m., Thursday, April 23, 2009. Awarding of the bid would be considered by the city council at the May 11, 2009 meeting. The next step after approving ad for bids is ordering the preparation of the assessment roll. BACKGROUND The city council ordered the preparation of this feasibility study at the August 25, 2008, regular meeting. On January 12, 2009 the city council accepted the feasibility report and ordered the public hearing. The project was then ordered at the January 26, 2009 council meeting after the public hearing was conducted. The council also directed staff to explore the possibility of constructing a sidewalk east of the Maplewood Care Center extending to the Dearborn Meadows development. DISCUSSION This project accounts for reconstruction of approximately 0.45 miles of streets which includes replacement of the existing pavement surface and improvements to the existing drainage system. Storm water management improvements have been designed in coordination with Ramsey-Washington Metro Watershed District (RWMWD) which includes filtration techniques in order to meet volume and rate control requirements. Two significant aspects of this project include the improvements to the intersection of Castle Avenue at White Bear Avenue and the construction of a concrete sidewalk along the Maplewood Care Center property connecting to White Bear Avenue. These improvements will require some private utility and water main relocations as well as permanent easements on 3 private properties in the area. A roundabout is designed for the intersection of VanDyke Street at Castle Avenue. This will allow for proper traffic flow and straightening out of the approach to White Bear Avenue. A plan review open house is to take place in the city council chambers on March 19, 2009 between 5:00 p.m. and 7:00 p.m. This is a chance for residents to comment on the design plans and make suggestions for staff to use in final adjustments to the plans. Packet Page Number 166 of 220 Agenda Item M5 The proposed project schedule anticipates construction beginning in early May and completion of the project in September 2009. City staff considered the construction of a concrete sidewalk to be installed along the south side of the road extending from the east property line of the Maplewood Care Center (1900 Castle Avenue) to Castle Place (see attached exhibit). Following the public hearing, on February 9, 2009, a letter and survey was sent to affected property owners with frontage along Castle Avenue and to all residents of the Dearborn Meadows town home association. Out of 14 surveys mailed out, staff received 12 responses. Two (2) property owners were in favor of the sidewalk extension. Ten (10) property owners were against the extension. Due to the lack of property owner support for the sidewalk, staff does not recommend extending the proposed sidewalk beyond 1900 Castle Avenue. This does not require any action, but the sidewalk design will no longer be pursued for the segment. The walk from White Bear Avenue to the Care Center will be installed, however, as part of the project improvements. RECOMMENDATIONS It is recommended that the city council approve the attached resolutions for the Castle Avenue Improvements: Approving Plans and Advertisement for Bids and Ordering the Preparation of the Assessment Roll. Attachments: 1. Resolution Approving Plans and Advertising for Bid 2. Resolution Ordering Preparation of Assessment Roll 3. Location Map 4. Exhibit -Sidewalk Survey and Map Packet Page Number 167 of 220 Agenda Item M5 Attachment 1 RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on January 26, 2009, plans and specifications for the Castle Avenue Improvements (Project 08-12), 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, acopy 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 23rd day of April, 2009, 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 council meeting of May 11, 2009. Packet Page Number 168 of 220 Agenda Item M5 Attachment 2 RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Castle Avenue Improvements, City Project 08-12, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. thereof. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council Packet Page Number 169 of 220 Agenda Item M5 4++~nhmon+'2 /~ V J ~ AVE. 1 1 th AV E. Q ~ S o z ~P ~~ ~ Q ~ ~~ ~ m . GERVAIS ~ om ~ ~" CT. ~ ~ ~s 2 ~ AVE. 1 ~~ ~ ~ Q AVE. `~ ~ ~ COPE AVE. ~ - ~ ~v ~ K o AVE F ~ ~ . z c~r> cn Q LAURIE RD. E ~ RD. ~ ~ ~ w ~ ~ w ~ ~ ~ z = v RD. ~ B A VE. z ~PJ S Community G~ 64 65 Center ~P~~' ~ ~ ]_E~/-~ ~, City Hall ~ PROPOSED STREET IMPROVEMENT NO SCALE Capital Improvement Project for 2009 Castle Avenue Improvements City Project 08-12 Packet Page Num e r ~ Agenda Item M5 Attachment 4 February 9, 2009 Re: Castle Avenue Improvements, City Project 08-12 Proposed Concrete Sidewalk Dear Maplewood Resident, On January 26, 2009, the Maplewood city council conducted a public hearing and ordered the improvements to Castle Avenue. City engineering staff has been authorized to move forward with plan preparation for this project. The City's engineering staff is recommending the construction of a 6-foot wide concrete sidewalk along the south and east side of Castle Avenue. The proposed sidewalk would extend from White Bear Avenue and terminate at the east property line of the Maplewood Care Center at 1910 Castle Avenue (see attached Map #1, yellow-shaded area). At the January 26t" meeting, staff received direction from the council to explore extending the sidewalk beyond the Maplewood Care Center property to Castle Place (see attached Map #1, red- shaded area). The basis of the engineering staff recommendation is the many benefits that a sidewalk will bring to residents in the area including enhanced pedestrian safety and the provision of an improved walking surface to encourage more neighborhood walking. The city maintains public sidewalks in the winter and does all snow plowing. We would like your opinion regarding the construction of a sidewalk along the south side of Castle Avenue from the Maplewood Care Center property at 1910 Castle Avenue terminating at Castle Place. A survey form is enclosed for the purpose of soliciting your opinion. Please indicate your opinion on the proposed sidewalk extension on the enclosed survey form. Please mail the survey form back to the City by February 16t", 2009 in the envelope provided. Please contact me at 651-249-2418 if you have any questions or concerns. Thank you, Steve Kummer Project Engineer Maplewood Public Works Packet Page Number 171 of 220 Castle Avenue Improvements -City Project 08-12 Agenda Item M5 Sidewalk Survey (Due February 16, 2009) Attachment 4 Are you in favor of or opposed to the proposed construction of the sidewalk as described above and as shown on the enclosed Map #1? In Favor of sidewalk construction Opposed to sidewalk construction No Opinion Address Please include your address on this form. Write any comments on the back. Castle Avenue Improvements -City Project 08-12 Sidewalk Survey (Due February 16, 2009) Are you in favor of or opposed to the proposed construction of the sidewalk as described above and as shown on the enclosed Map #1? In Favor of sidewalk construction Opposed to sidewalk construction No Opinion Address Please include your address on this form. Write any comments on the back. Castle Avenue Improvements -City Project 08-12 Sidewalk Survey (Due February 16, 2009) Are you in favor of or opposed to the proposed construction of the sidewalk as described above and as shown on the enclosed Map #1? In Favor of sidewalk construction Opposed to sidewalk construction No Opinion Address Please include your address on this form. Write any comments on the back. Packet Page Number 172 of 220 Agenda Item M5 Attachment 4 CASTLE AVENUE IMPROVEMENTS CITY PROJECT 08-12 Sidewalk Survey Results es no 1946 Castle Ave 1 1948 Castle Ave 1 1922 Castle Ave 1 1928 Castle Ave 1 1930 Castle 1 1986 Castle Ave 1 1982 Castle Ct 1 2292 Castle PI 1 1976 Castle Ct 1 1984 Castle Ct 1 2281 Castle PI 1 2283 Castle PI 1 Total 10 Packet Page Number 173 of 220 Q w Q o O ~ ~ ~ o ~ w o w z ~ Q ~ ~ w Q U P~ ~ 0 Q Q ~ z ~ ~~ GPS~ o ~ ~ ° ~ > ~ ~ ~ ~ U Y ~ w o Q = D J D ~ w ~ W ~' ~ ~ Q J U ~ D w z J w o w D W O J O Q =~ z w m w O o w ~~ w z w~ Q O ~ O O U Z Q J U 0 0~ ~- w w 0~ w m W O ~ ~ z w 0 0 Q o~ w I o O z ~ ~ Q w ~ w z Y w J CO ~= w (~ ~ 0 w~~ z ~ U Y J ~ J ~ W (~ z ~ _ Q _ w C~wO 0 J~=~ o ~ z O w e Q~ z v . _ (q ~ Q _ N m W (~ U Cfl z , ..... ;.._ ~ .. W Q W J H a U w w O w w z w v w Q v 0 O O w J Q Packet ~aae Nu r Agenda Item M6 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, Assistant City Engineer SUBJECT: Lark/Prosperity Area Street Improvements, Project 07-15, Resolution for Modification of Existing Construction Contract, Change Order No. 4 DATE: March 13, 2009 INTRODUCTION The council will consider a change order reflecting additional work performed by the contractor and consultant during the street and utility reconstruction process. BACKGROUND On August 27, 2007, the city council awarded T.A. Schifsky and Sons, Inc. a construction contract for utility and roadway improvements in the amount of $2,494,240.24. To date the approved contract amendments of $42,922.99 increased the contract amount to $2,537,163.23. DISCUSSION Below is a detailed description of items included in Change Order No. 4 Sanitary Sewer Repair = $39,490.00 Approximately 4,300 linear feet of cured-in-place lining for existing sanitary sewer pipe was included in the contract. T.A. Schifskys' subcontractor, Lametti and Sons, Inc. performed this work. Upon completion of this work, the televising information revealed that a large bubble had formed in the lining in one location where the existing sanitary sewer pipe was in relatively poor condition. Upon further investigation, it was determined that the only proper correction to this problem was to excavate and replace this portion of sanitary sewer main. This work included excavation and pipe replacement, as well as several days of bypass pumping. The city and the contractor agreed to each pay a portion of the repair costs with the contractor paying the majority of the costs. It should be noted that the actual cost to perform this work was in excess of $100,000. Concrete Step Replacement = $4,048.80 Due to expanded construction limits in multiple locations, concrete steps located on some of the residential properties required replacement. This work was performed on a time and materials basis and was verified the project inspector. The invoice received for this work included equipment, labor, and materials necessary to locate the existing sanitary services. Tree Replacement = $7,650.00 Purchase and planting of 18 replacement trees, generally north of the Sherwood Park tennis courts. Below is a summary of the revised construction contract if Change Order 4 is approved: Original Contract: $2,494,240.24 Net Change of Prior Change: $ 42,922.99 Changes per Change Order No. 4: $ 51,188.80 Revised Contract: $2,588,352.03 Packet Page Number 175 of 220 Agenda Item M6 Also a change to the consultants' contract is required for additional work including additional construction observation and administrative tasks for items such as the Burke Avenue cul-de-sac design, which was ultimately not approved, driveway inspections, and as-built surveying. The total cost for IPO 24C would be in the amount of $13,800. BUDGET The current total project expenditures are at $2,810,868.59 according to finance records, and the current approved budget by the council is $2,957,910.00. The additional expenses would fall within the approved budget. This project is nearing final completion and a revised financing plan will be brought to council when final payment is made. RECOMMENDATION It is recommended that the city council approve the attached resolution directing the Modification of Existing Construction Contract through Change Order Number 4 for City Project 07-15. Attachments: 1. Resolution 2. Location Map 3. Change Order No. 4 Packet Page Number 176 of 220 Agenda Item M6 Attachment 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT, CHANGE ORDER NO. 4 CITY PROJECT 07-15 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 07-15, Lark/Prosperity 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 07-15, Change Order No. 4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1) The mayor and city engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No. 4 in the amount of $51,188.80. The revised contract amount is $2,588,352.03. Approved this 23~d day of March 2009 Packet Page Number 177 of 220 Agenda Item M6 Attachment 2 ~ ~~ ~ GERVAIS VIEW AVE. CT. DR. ~ AVE. Knuckle, Head Eake ~ ~~~-~ ~ J Q AVE. ~ - • o C~ ~' o ~ ~ ~~ z ~~ ° EAURIE Q ~ ~ w ~ ~ Sherwoodz ~ ~ ~ W RST ~ ~ ~ N o Q W z = ~ CO. RD. > B 'E. ~ ~ BURK AVE. Community ~E, 64 65 Center John Glenn O ~ ~~ o ~ G,q TEw~ Y city Hall O ~ HARRIS AVE. W Q ROSEWOOD AVE. N. z ~~ ROSEWOOD RAMSEY C AV. ~~ AVE. S ~ NURSING H P OAP FAIR GR~ ° l ~ P~ , NO SCALE dark-Prosperity, 071 5 Maplewood, Minnesota Proposed 2007 Construction Packet Page Number 178 of 220 Agenda Item M6 Attachment 3 Page 1 of 1 PROJECT NAME: PROJECT NO: CONTRACTOR: CHANGE ORDER NO.: DATE: CHANGE ORDER CITY OF MAPLEWOOD DEPARTMENT OF PUBLIC WORKS Lark/Prosperity Area Street Improvements City Projcct 07-15 T.A. Schifsky & Sons, Inc. Four (4) March 13, 2009 The following changes shall be made in the contract documents: ADD BID SCHEDULE CO#4 -CHANGE ORDER #4 Item No. Item Description Unit Quantity 1 Install Trees EA 18 2 Sanitary Sewer Repair LS 1 3 Concrete Step Replacement LS 1 TOTAL CHANGE ORDER #4 TOTAL NET CHANGE ORDER N0.4 CONTRACT STATUS: Original Contract: $2,494,240.24 Net Change of Prior Change: $42,922.99 Change this Change Order: $51,188.80 Revised Contract: $2,588,352.03 Recommended By: Kimley-Horn and Associates, Inc. By: Date: Agreed to By: T.A. Schifsky & Sons, Inc. By: Date: Approved By: City of Maplewood By: Mayor By: City Engineer Date: Date: Unit Price $425.00 $39,490.00 $4,048.80 Amount $7,650.00 $39,490.00 $4,048.80 $51,188.80 $51,188.80 Packet Page Number 179 of 220 Agenda Item M7 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, Assistant City Engineer SUBJECT: Century Avenue Improvements, Project 03-15, Resolution Accepting Roll and Ordering Assessment Hearing for April 27, 2009 DATE: March 16, 2009 INTRODUCTION The city council should consider accepting the attached assessment roll and ordering the assessment hearing to be held on April 27, 2009 at 7:00 p.m. at City Hall. BACKGROUND The Counties of Ramsey and Washington together with the Community City partners of Maplewood and Woodbury are reconstructing Century Avenue (CSAH 25 in Washington County/CSAH 72 in Ramsey County) and Valley Creek Road/Lower Afton Road (CSAH 16 in Washington County/CSAH 39 in Ramsey County). The Maplewood City Council ordered the preparation of a feasibility study at the April 9, 2007 regular meeting. On June 11, 2007 the city council accepted the feasibility report and ordered the public hearing. The project was then ordered at the June 25, 2007 council meeting after the public hearing was conducted. The assessment roll was ordered May 12, 2008 and on July 28, 2008 the contract for work was awarded to Danner Inc. in the amount of $12,647,701.32, which was roughly 13% less than the engineer's construction cost estimate. The project started in 2008 and has consisted mainly of utility relocations and pond construction. In 2009 the roadway work and signals are planned to be installed. The assessment hearing was delayed for one year since this was to be a 2 year phased project. The assessment rates are locked in at the lower 2008 rate since the public hearing was conducted last year. Improvements were needed in the corridor based on increasing traffic volumes, poor intersection operations, safety concerns, access issues, and poor pavement conditions. Improvements in Maplewood consist of Century Avenue from Brookview Drive to Lake Road, and also Lower Afton Road from Century Avenue to one-quarter mile west. BUDGET There would be no impact to the budget based on the recommendation. An approved budget of $370,000 was previously set by council, with a majority of Maplewood's share paid by special assessments. RECOMMENDATION It is recommended that the council approve the attached resolution for the Century Avenue Improvements, City Project 03-15: Resolution Accepting the Assessment Roll and Ordering Assessment Hearing. Attachments 1. Resolution 2. Location Map 3. Assessment Roll Packet Page Number 180 of 220 Agenda Item M7 Attachment 1 ACCEPTING ROLL AND ORDERING ASSESSMENT HEARING CITY PROJECT 03-15 WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Century Avenue Improvements, City Project 03-15, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 27th day of April 2009, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Approved this 23~d day of March 2009 Packet Page Number 181 of 220 EXHIBIT 1 LOCATION MAP Agenda Item M7 Attachment 2 PROPOSED IMPROVEMENTS APLEWOOD WOODBURY E ROAD DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramsey County (April 30, 200'x, The Lawrence Group;Apri130, 2007 for County parcel and property records data; April 2007 for commercial and Packet Page Number 182 of 220 M O U N O U O ~' C N to to N to to Q rn c N N 0 Q E a~ 7 C N Q 7 C a~ U N Z W O O O O N I~ O O O O 0 V 0 0 0 0 0 0 0 l(') 0 OO Z W N ~ ~ ~ Q~ ~ N ~ O OO D O V 0 0 0 I~ O Q~ ~ ~ ~ N 0 O (O O M M M O N ~ O O 0 ~ W H (n I~ ~ rn ~ ~ ~ ~ ~ M ~ M ~ ~ N O ~ N O N ~ N N V N W ~ (A C1 r ~ ? ? ? ~? ~? ? ~? ? ~? ~? ~ ~ M Q Q ~ H H II Hw o o v o °o °o v o o o ~ a°o Hw ~ J W fA ~ aoo ~ ~ O O ~ apo ~ N ~ ~ W fA O ~ ~ ~ fA I~ M ~ O ~ ~ O M ~ O M M ~~ O ~ W ~ ~ ~ (p ~ OO ~ lf) ~ lf) ~ N ~ M O D O O ~ O ~ ~ W ~ ~ ER ER ER ER ER ~ ~ Q Q Z ~ W O O OM 0 0 0 0 0 O 0 0 0 0 Z ~ W O M ~~ 0 0 0 0 0 0 (O O O O 0 O N ~~ ~ ~ O fn V I~ V ~ 0 0 (O I~ O a O N V O~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ c~i ~ ER ~ ~ W ~ ~ ~ ~ Q Q Q W Q W UH(7 ~ZQ o o o o ~ ao 0 o 0 0 0 0 0 0 0 0 0 0 0 0 U~(7 ~'ZQ `~' W O E l(7 O OO O N O l(') O l(7 O W O E ~~ O M l(') M V O l(7 N O N OO ~~ O M c~ W O ~ ~ ~ V N ~ I~ ~ ~ ~ LL O N O w O w U U Q Q O z O z N ~ ~ ~ ~ Z (n (n (n (n (n Z ~ Z Z Z Z II W W W W W W W ~ W W W W J ~ > w w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ H H H H H H H O H H H H z z z z z z z O z z z z w w w w w w w ~ w w w w U U U U U U U m U U U U H ~ wW ~ ~ ~ V ~ ~ N ~ V ~ O ~ ~ ~ N ~ I~ rn W rn H O ~ M ~ ~ N ~ Z J Q W w ~ a U ~ J ~ O U U z a z z Q ~ ~ ~ ~ Q J ~ ~ Q ~ O w p a > z z ~ ~ z ~ I u ~ ~ ~ a o ~ ~ J W w . 0 m ~ U a 0 0 0 O z ~ a = Q z ~ } z ~ Q ~ w U O H 0 ~ w W N OU ~ a H ~ L i ~ a m O ~ a ~ z w 0 O ~ ~ O O O O N O O O N ~ 0 0 0 0 0 0 O 00 O O O 00 W J _ _ _ _ V N N 00 N N 00 N N 00 N N 00 N N 00 N N 00 N N 00 N N 00 N N 00 N N 00 N N 00 N N 00 (n Q Q N N N N N N N N N N N N pp a 0 0 0 0 0 0 0 0 0 0 0 0 ° 0 N H Z 0 0 0 0 rn u w W O J Q H Z W C~ w O O H Z O 0 N O O ER II Agenda Item M7 Attachment ~ 0 Packet Page Number 183 of 220 AGENDA NO. M-8 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Resolution Designating Prosperan Bank as a Depository of Funds and Naming Authorized Officers as Signers on the Account. DATE: March 17, 2009 BACKGROUND: The City designates three authorized signers on its bank depositories. Those are the Mayor, City Manager and Finance Director. The following resolution affirms continuing use of Prosperan Bank (fka Washington County Bank) as a designated depository of city funds and restricts access to the authorized signers. RECOMMENDATION: Adopt the attached resolution naming current officers or employees of the City of Maplewood, for Prosperan Bank, N.A. as designated depository. Packet Page Number 184 of 220 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota was duly called and held in the Council Chambers of said City of the 23rd of March, 2009 at 6:30 P.M. The following members were present: Councilmember moved adoption of the following resolution: RESOLUTION CORPORATE BANKING RESOLUTION RESOLVED, that Prosperan Bank, N.A. at any one or more of its offices or branches, be and is hereby designated as a depository for the funds of this Corporation, which may be withdrawn on checks, drafts, advices of debit, notes or other orders for the payment of monies bearing the following appropriate number of signatures: Any three (3) of the following named officers or employees of the Corporation ("Agents") listed below. Diana Longrie, Mayor of City of Maplewood James Antonen, City Manager of City of Maplewood Robert Mittet, Finance Director of City of Maplewood And that Prosperan Bank, N.A. shall be and is authorized to honor and pay the same whether or not they are payable to bearer or to the individual order of any Agent or Agents signing the same. FURTHER RESOLVED, that Prosperan Bank, N.A. is hereby directed to accept and pay without further inquiry any item drawn against any of the Corporation's accounts with Prosperan Bank, N.A. bearing the signatures of its Agents, as authorized above or otherwise, even though drawn or endorsed to the order of any Agent signing or tendered by such Agent for cashing or in payment of the individual obligation of such Agent or for deposit to the Agent's personal account, and Prosperan Bank, N.A. shall not be required or be under any obligation to inquire as to the circumstances of the issue or use of any item signed in accordance with the resolutions contained herein, or the application or disposition of such item or the proceeds of the item. FURTHER RESOLVED, that any one of such Agents is authorized to endorse all checks, drafts, notes and other items payable to or owned by this Corporation for deposit with Prosperan Bank, N.A., or for collection or discount by Prosperan Bank, N.A.; and to accept drafts and other items payable to Prosperan Bank, N.A. FURTHER RESOLVED, that the above named agents are authorized and empowered to execute such other agreements, including, but not limited to, special depository agreements and arrangements regarding the manner, conditions, or purposes for which funds, checks, or items of the Corporation may be deposited, collected, or withdrawn and to perform such other acts as they deem reasonably necessary to carry out the provisions of these resolutions. The other agreements and other acts may not be contrary to the provisions contained in this resolution. FURTHER RESOLVED, that the authority hereby conferred upon the above named Agents shall be and remain in full force and effect until written notice of any amendment or revocation thereof shall have been delivered to and received by Prosperan Bank, N.A. at each location where an account is maintained. Prosperan Bank, N.A. shall be indemnified and held harmless from any loss suffered or any liability incurred by it in RESOLUTION 09- - Packet Page Number - - 185 of 220 continuing to act in accordance with this resolution. Any such notice shall not affect any items in process at the time notice is given. Seconded by Ayes- STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified and appointed Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the above foregoing extract of the Minutes of a regular meeting of the City of Maplewood, held on the 23rd of March, 2009, with the original on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to Designation of Depository. WITNESS my hand this of 2009. Karen Guilfoile City Clerk City of Maplewood, Minnesota RESOLUTION 09- - Packet Page Number - - 186 of 220 AGENDA NO. M-9 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Resolution Naming Authorized Signers for U.S. Bank Treasury Management Service Agreement. DATE: March 17, 2009 BACKGROUND: U.S. Bank is requesting the U.S. Bank Treasury Management Service Agreement be updated because of personnel changes at the City of Maplewood. RECOMMENDATION: Approve the updated U.S. Bank Treasury Management Service Agreement. Packet Page Number 187 of 220 U.S. Bank Treasury Management Service Agreement This U.S. Bank Treasury Management Service Agreement will govern the treasury management services provided to the Account Holder(s) listed below (and in any addendum hereto) and any deposit accounts that have been, or will be, established with U. S. Bank by any Account Holder. Name of Account Holder(s) (individually & collectively, "the Customer") City of Maplewood Tax Identification Number 41-6008920 The undersigned Contract Signers, being the owners, officers, partners, managers or otherwise duly authorized agents of the Customer hereby agree as follows: U.S. Bank's Treasury Management services ("Services") are described in the U.S. Bank Treasury Management Services Terms and Conditions, the merchant processing Terms of Service, any Implementation Documents, user manuals, operating guides and other related documentation and disclosures provided by U.S. Bank, and any addendum to any of the foregoing (collectively the "Agreement"). The Contract Signers, acting on behalf of the Customer, has received and reviewed the Agreement and desires to use one or more of the Services by entering into this Agreement. Authorized Signers The Contract Signers certify and warrant that they have taken all action required by the organizational documents of the Customer to authorize the individuals signing below to act on behalf of the Customer (the "Authorized Signers") in all actions taken under the Agreement. The Authorized Signers are empowered in the name of and on behalf of the Customer to enter into all transactions contemplated in the Agreement including, but not limited to, selecting Services, appointing Agents to act on behalf of the Customer in the delivery of Services, signing additional documentation necessary to implement the Services and giving the Customer instructions with regard to any Service, including without limitation, merchant processing, wire transfers, ACH transfers, and any other electronic or paper transfers from or to any account the Customer may maintain with U. S. Bank. U. S. Bank may, at its discretion, require the Customer to execute additional documentation to implement or amend certain Services. In such cases, documentation necessary to implement or amend such Services shall be signed by at least one of the Authorized Signers.The Contract Signers further acknowledge and agree that U.S. Bank may implement or amend Services based on the verbal, written, facsimile, voice mail, email or other electronically communicated instructions that it believes in good faith to have been received from an Authorized Signer. U. S. Bank is entitled to act in reliance upon the authorizations in this Agreement until it receives written notice of their revocation and has a reasonable opportunity to act thereon. Authorized Signer (please print): Diana Lon rie Title: Ma or Signature: Date: Authorized Signer (please print): James Antonen Title: Ci Mana er Signature: Date: U.S. Bank Treasury Page 1 of 2 vi ion ate: / 00 Management Services Agreement ac~cet age um er 188 of 220 U.S. Bank Treasury Management Service Agreement Authorized Signer (please print): Robert Mittet Title: Finance Director Signature: Date: Authorized Signer (please print): Title: Signature: Date: Customer acknowledges that it has received a copy of the Agreement which governs treasury management services, plus all disclosures of fees and service charges and other disclosures required by law and agrees that all treasury management services will be governed by the Agreement. Incompliance with Internal Revenue Service ("IRS") Regulations, the Contract Signers on behalf of the Customer hereby certify, under penalty of perjury, that the Taxpayer Identification Number(s) provided in this Agreement are correct, and that the Customer is not subject to backup withholding because: (a) it is exempt from backup withholding, or (b) if not exempt, is has not been notified by the IRS that it is subject to backup withholding as a result of a failure to report all interest and dividends, or (c) the IRS has notified the Customer that it is no longer subject to backup withholding. The Contract Signers hereby certify that (i) the signatures appearing above are the true and authentic signatures of the Authorized Signers; (ii) the assumed business name(s) of the Customer, if airy, are duly registered with the appropriate state agency, and if not, U. S. Bank shall be promptly notified when registered; (iii) the Contract Signers are duly authorized agents of the Customer and that they are signing on behalf of the Customer in their authorized capacity; and (iv) the Contract Signers have full authority to execute this Agreement. Contract Signer (please print): Karen E. Guilfoile Title and Name of Company: Ci Clerk Signature: Date: Contract Signer (please print): Title and Name of Company: Signature: Date: APPROVAL BY U.S. BANK NATIONAL ASSOCIATION Signature: Printed Name: Officer Number: _ Telephone Number: Title: Date: U.S. Bank Treasury Page 2 of 2 vi ion ate: / 00 Management Services Agreement ac~cet age um er 189 of 220 AGENDA NO. M-10 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Resolution Designating U.S.Bank as a Depository of Funds and Naming Authorized Officers as Signers on the Account DATE: March 17, 2009 BACKGROUND: The City designates three authorized signers on its bank depositories. Those are the Mayor, City Manager and Finance Director. The following resolution affirms continuing use of U.S.Bank as a designated depository of city funds and restricts access to the authorized signers. RECOMMENDATION: Adopt the attached resolution naming current officers or employees of the City of Maplewood, for U.S. Bank as designated depository. Packet Page Number 190 of 220 DEPOSITORY SERVICES RESOLUTION FOR GOVERNMENTAL ENTITIES DEPOSITOR NAME: City of Maplewood CONTACT: Finance Department ADDRESS: 1830 County Road B East Maplewood, MN 55109 TAX IDENTIFICATION NUMBER: 41-6008920 I, Karen Guilfoile (name of certifying officer) do hereby certify that I am the City Clerk (title of certifying officer) of the above-named governmental entity (therein called the "Depositor's a Municipality existing under the laws of the State of Minnesota and that the following is a true, complete and correct copy of resolutions adopted at a meeting of the Depositor duly and properly called and held on the 23rd day of March , 20 09 ; that a quorum was present at said meeting; and that said resolutions are now in full force and effect. RESOLVED, that U. S. Bank National Association is hereby designated as a depository of the Depositor with authority to accept or receive at any time for the credit of the Depositor deposits by whomsoever made of funds and other property in whatever form or manner transferred to endorsed; and that any officer of the Depositor is hereby authorized to open or cause to be opened one or more accounts with the Bank on such terms, conditions and agreements as the Bank may now or hereafter require and to make any other agreements deemed advisable in regard to any of the foregoing. Depositor acknowledges and agrees that the services contemplated by this resolution shall be governed by the U.S. Bank Customer Agreement for commercial deposit accounts, as amended from time to time. RESOLVED, that checks, drafts or other orders for the payment, transfer or withdrawal of any of the funds or other property of the Depositor on deposit with the Bank shall be binding on the Depositor when signed, manually or by use of a facsimile or mechanical signature or otherwise authorized, by any one of the individuals listed in the section entitled "Authorized Signers", and the Bank is hereby authorized to pay and charge to the account of the Depositor any such checks, drafts or other orders so signed or otherwise authorized, including those payable to the individual order of the same person or persons signing or otherwise authorizing the same and including also those payable to the Bank or to any other person for application, or which are actually applied to the payment of any such indebtedness owing the Bank from the person or persons who signed such checks, drafts or other withdrawal orders or otherwise authorized such withdrawals. In particular, and not in limitation of foregoing, such persons may authorize payment, transfer or withdrawal by oral or telephonic directions to the Bank complying with such rules and regulations relating to such authorization as the Bank may communicate to the Depositor from time to time. RESOLVED, that the City Clerk (identify certifying officer by title) hereby certifies to the Bank the names and signatures (either actual or any form or forms of facsimile or mechanical signatures adopted by the person authorized to sign) of the Authorized Signers listed below and shall from time to time hereafter, upon a change in the facts so certified, immediately certify to the Bank the names and signatures (actual or facsimile) of the persons then authorized to sign or to act. The Bank shall be fully protected in relying on such certificates and on the obligation of the certifying officer (set forth above) to immediately certify to the Bank any change in any facts so certified, and the Bank shall be indemnified and saved harmless by the Depositor from any claims, demands, expenses, loss or damage resulting from or growing out of honoring or relying on the signature of other authority (whether or not properly used and, in the case of any facsimile signature, regardless of when or by whom or by what means such signature may have been made or affixed) of any officer or person whose name and signature was so certified, or refusing to honor any signature or authority not so certified. Packet Page Number 191 of 220 RESOLVED, That these resolutions shall continue in force until express written notice of their rescission or modification has been furnished to and received by the Bank; and RESOLVED, That any and all transactions by or on behalf of the Depositor with the Bank prior to the adoption of this resolution be, and the same hereby are, in all respects ratified, approved and confirmed. I further certify that the officers of the Depositor signing the resolution, have, and at the time of adoption of said resolutions had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named, and that such persons have full power and authority to exercise the same. I further certify that the names, titles (if any) and signatures (actual or facsimile) of the persons authorized to sign or act on behalf of the Depositor by its governing board identified above are as set forth below in the section of this Resolution entitled "Authorized Signers". I further certify, under penalties of perjury, that the tax identification number shown above is correct and that the Depositor is not subject to backup withholding because (a) it is exempt, (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified the Depositor that it is no longer subject to backup withholding. Account Number: 104755879525 and 150080667150 Authorized Signers Name Title Signature Diana Longrie Mayor James Antonen Robert Mittet City Manager Finance Director IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Depositor this day of (Certifying Officer) (Attest by one other officer) 20 Ci Clerk (Title) (Title) Packet Page Number 192 of 220 Agenda Item M 11 AGENDA REPORT TO: James Antonen, City Manager FROM: Karen Guilfoile, City Clerk DATE: March 17, 2009 RE: Lawful Gambling License -Merrick Inc. at The Dive Introduction Merrick Inc. is requesting approval of an annual premise license for lawful gambling at The Dive located at 3035 White Bear Avenue. Approval is requested of the following resolution. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premise license for lawful gambling is approved for Merrick Inc. to operate at The Dive, located at 3035 White Bear Avenue, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said license 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 Merrick Inc. to operate at The Dive. Packet Page Number 193 of 220 M-12 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, Director, Citizen Services DATE: March 18, 2009 RE: Approval of Agreement with Melrose North Pyrotechnics for July 4th Celebration Background Staff is very excited this year as we continue our preparations for the City July 4th Celebration at Hazelwood Park. This year we have invited The All American Lumber Jack Show (http://www.lumberiackshows.net/) to join in the festivities. The Lumberjack show will feature a section for the kids as well as adults and they will be conducting lumberjack sports and chain saw carvings throughout the day up to when the fireworks begin. Staff has also secured numerous foods vendors and arranged for other family fun and activities so that it will be a fun packed day. Melrose North Pyrotechnics, Inc. has been secured again this year for the fireworks show. The Agreement is attached. Consideration Council approval of the Agreement with Melrose North Pyrotechnics for the July 4th Celebration in the budgeted amount of $14,000. Packet Page Number 194 of 220 MELROSE NORTH PYROTECHNICS, INC AGREEMENT This contract entered into this 10th Day of February AD 2009 by and between MELROSE NORTH `: -, PYROTECHNICS, INC. of Clear Lake, MN and Cityy_ of Maplewood {Customer) of City Maplewood State Mininesata . WITNESSETH: MELROSE NORTH PYROTECHNICS, INC. for and in consideration of the terms hereinafter mentioned, agrees to furnish to the CUSTOMER one Fireworks Display(s) as per agreement made and accepted and made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer, said display to be given on the evening af.~nly 4, 2009 Customer Initial ,weather permitting, it being understood that should inclement weather prevent the giving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date, within six (6) months of the origrnal display date_ Customer shall xernit to the first party an additional 1S% of the total contract price for additional expenses in presenting the display on an alternate date. The determination to cancel the show because of inclement or unsafe weather conditions shall rest, within the sole discretion of MELROSE NORTH PYROTECHNICS, INC. In the event the customer does not choose to reschedule another date or cannot agree to a mutually convenient date, MELROSE NORTH PYROTECHNICS, INC. shall be entitled to 40% ofthe contract price for costs, damages and expenses. If the fireworks exhibition is canceled by CUSTOMER prior to the display, CUSTOMER shall be responsible for and shall pay to MELROSE NORTH PYROTECHNICS, INC. on demand, all MELROSE NORTH PYROTECHNICS,INC.'s out of pocket expenses incurred in preparation for the show including but not limited to, material purchases, preparation and design costs, deposits, licenses and employee charges. _ MELROSE NORTH PYROTECHNICS, INC. agrees to furnish all necessary fireworks display materials and personnel for a fixeworks display in accordance with the program approved by the parties. Quantities and varieties of .products in the program are approximate. After final design, exact specifications will be supplied upon request. MELROSE PYROTECHNICS, INC. enters this agreement contingent upon its ability to secure delivery of product for the display. It is further agreed and understood that the CUSTOMER is to pay MELROSE NORTH PYROTECHNICS, 1NC. the sum of $14,000.00 (Fourteen thousand and 001100 dollars}. A service fee of 1 % % per month shall be added, if account is not paid within 30 days of the show date. MELROSE NORTH PYROTECHNICS, INC. will obtain Public Liability and Property Damage and Workers Compensation Insurance. Customer will provide the following items: (a) Sufficient area for the display, including a minimum spectator set back of 420 feet at all paints from the discharge area. (b) Protection of the display area by roping-off or similar facility. (c}Adequate police protection to prevent spectators from entering display area. (d) Search of the fallout area at first light following a nighttime display. It is•further agreed and mutually understood that nothing in this contract shall be constructed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations and neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay any and all collection costs, including reasonable attorneys fees and court costs incurred by MELROSE NORTH PYROTIaCHNICS, INC. in the collection or attempted collections of any amount due under this agreement and invoice. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. MELROSE O TECHNICS, INC. CUSTOMER By By Staduly auiboriu~agenl,wbosxynsenk Mlsbo bas fuEi aulhorily to bled lbecuslanecr. - Date Signed: Februa 10 2009 Date Signed .Dale M. Nowak 9405 River Road SE Clear Lake, MN 55319 (800)771-7976 Name Address {PLEASE TYPE OR PRINT) Phone Email ace age um er 195 of 220 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, Director, Citizen Services DATE: March 18, 2009 RE: Resolution for Donation of Resistance Bands to the MCC Introduction Item M-13 Danile Lynch-Jones, representing Readex Research, has donated 150 resistance exercise bands to the Community Center. Minnesota State Statute 465.03 states that gifts to municipalities shall be accepted by the governing body in the form of a resolution by atwo-thirds vote. Consideration Approve the following resolution accepting the donation of resistance exercise bands from Readex Research. RESOLUTION ACCEPTANCE OF DONATION WHEREAS the Maplewood Community Center has received a donation of 150 resistance exercise bands valued at $670 from Readex Research to be used at the Community Center in exercise programs. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the Community Center to accept this donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on SIGNED: WITNESSED: (Signature) (Signature) Mayor City Clerk (Date) (Date) Packet Page Number 196 of 220 Agenda #M-14 AGENDA REPORT To: City Manager James W. Antonen From: Chief of Police David J. Thomalla Subject: Approval to Enter Into Agreement With St. Paul Police Department Regarding 2009 Justice Assistance Grant (JAG) Date: March 9, 2009 Introduction The Police Department is requesting permission to enter into an Interlocal Agreement with the St. Paul Police Department, Ramsey County and other Police Departments in Ramsey County to accept a federal Justice Assistance Grant (JAG). Background In 2005 and 2006, we also received funds for lesser amounts from a federal JAG; but this time the funds are part of the stimulus grant program. We are requesting permission to enter into this Interlocal Agreement with the St. Paul Police Department, Ramsey County and other Police Departments in Ramsey County. If approved, the Maplewood Police Department's share of the grant would be $74,452. There is no local match required. The St. Paul Police Department has taken on the administrative responsibilities for this grant, so there will be no administrative expense to the City. The funds received must be expended by September 1, 2013, and there is no liability for claims against the City. This Agreement has been reviewed and approved by the City Attorney. Budaet Impact There will be no cost to the City and $74,452 in funds for use by the Police Department Recommendation It is recommended the City Council authorize the Police Department to enter into the Interlocal Agreement to accept grant money under the Justice Assistance Grant. Action Required Submit to the City Council for review and action. DJT:js Packet Page Number 197 of 220 This Agreement is made and entered into this day of , 2009, by and between The CITY OF SAINT PAUL, acting by and through its governing body, hereinafter referred to as CITY, and CONTRACT NO. the COUNTY OF RAMSEY, acting by and through its governing body, hereinafter THE STATE OF MINNESOTA referred to as COUNTY, and City of Little Canada, the City of Maplewood, the City of New Brighton, the City of North Saint Paul, the COUNTY OF RAMSEY City of Roseville, the City of White Bear Lake, the City of Mounds View, the City of Shoreview, acting by and through their governing bodies, hereinafter referred to as CITIES, all of Ramsey County, State of Minnesota., witnesseth: INTERLOCAL AGREEMENT NOW BETWEEN THE CITY OF LITTLE CANADA, MAPLEWOOD, NEW THEREFORE, BRIGHTON, NORTH SAINT PAUL, ROSEVILLE, WHITE BEAR LAKE, the COUNTY MOUNDS VIEW, SHOREVIEW, SAINT PAUL, AND COUNTY OF RAMSEY, RECOVERl~i~'T: JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD and CITIES agree as follows: WHEREAS, this Agreement is made under the authority of Minnesota Statute 471.59 and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing parry for the services or functions under this agreement, and WHEREAS, the CITY agrees to provide the COUNTY $31,376, the City of Little Canada $10,104, the City of New Brighton $21,006, the City of North Saint Paul $16,486, the City of Roseville $35,365, the City of White Bear Lake $36,163, the City of Maplewood $74,452, the City of Mounds View $23,665, and the City of Shoreview $10,104 from the JAG award for the their JAG programs: and, Section 1. CITY of Saint Paul agrees to pay COUNTY and other named CITIES a total of $ 258,721 of JAG funds. Section 2. COUNTY and other CITIES agree to use their allocation of the JAG funds by September 1, 2013. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY OR OTHER NAMED CITIES. Page 1 of 2 Packet Page Number 198 of 220 Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY OF SAINT PAUL. Section 5. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. Packet Page Number 199 of 220 For the City of Maplewood: APPROVED AS TO FORM: Mayor Chief of Police City Attorney Finance Director Packet Page Number 200 of 220 AGENDA REPORT Agenda #M-15 To: City Manager James W. Antonen From: Chief of Police David J. Thomalla Subject: Consider Approval of Purchase of Digital Voice Recorders and System Date: March 16, 2009 Introduction City Council approval is required to purchase digital voice recorders and an audio system. Background The Police Department's audio recording system is in need of replacement as the current system is antiquated and the digital recorders that are supported with the current system are no longer available. The City Council approved a budget carryover in the amount of $22,766.00 at the March 9, 2009, meeting for digital voice recorders. The vendor that has been chosen to update the audio system is VeriPic. VeriPic is the system that is currently used by the Police Department to store digital photos, and the audio system portion will interface with this and is supported by our current IT staff. The price to update the current digital system for audio and video through VeriPic is $11,148.00. The vendor chosen for the new audio recorders is Loffler. The Police Department will purchase 48 Olympus DS 2400 digital voice recorders at $227.00 each plus tax. The total of this purchase will be $11,604.24. Council approval is being requested as both purchases are over $10,000.00. Budget Impact The purchase of the recorders and system will be made using the budget carryover money approved at the March 9, 2009, City Council meeting. Recommendation It is recommended that the City Council approve both the purchase of the updated audio system through VeriPic in the amount of $11,148.00 and the purchase of 48 Olympus DS 2400 digital voice recorders from Loffler in the amount of $11,604.24. Action Required Submit to the City Council for review and action. DJT:js Attachments Packet Page Number 201 of 220 Packet Page Number 202 of 220 _~ ~I'/~/C. VeriPic® 2360 Walsh Avenue Santa Clara, CA 95051-1301 Phone:408-496-1200 Fax 408-496-1269 E-Mail: HLe a VeriPic.com ~elriPic Iz Digital Pi>iOtO l~anagea>tlent SOlutiOn "illanage, Share and Secure" If you have anv questions re~ardinn this quote please cell Huah Le at 888-VERIPIC (888-837-4742) x 767 -. DATE: march 11, 2009 QLOTE VALIDTITROUGH: 04/10/2009 Proposal # HL01020090311 G~stomer: Maplewood Police Department 1s3o county road B East Digital Photo Management Project Maplewood, N1N 55109 Attention: Ivlychal Fowlds PHONE: 651-249-2923 Email: mychal.fowlds a ci.maplewood.mn.us EAX: `PART ID DE~SCRTPTIO:V OFITEMS`- '= '_ QTY P-RIGE(ca.) la}iT=A'VIT ~" SYSTEM VP-G100N-D VeriPic® Gold Floating License I $ 5,250.00 $ 5,250.00 VP-V100N-D VeriPic® View Floating License 0 $ 3,750.00 $ - VP-IM100N-D VeriPic® Import Station Floating License 0 $ 3,250.00 $ - VP-AV 100-M VeriPic® Audio /Video Module Floating License 2 $ 2,850.00 $ 5,700.00 Discount Quanity Discount Audio/Video Module 1 $ (570.00) ($570) SUBTOTAL FOR SYSTEM $ 10,380.00 OPTIONS SUBTOTAL FOR OPTIONS $ - PRODUCT MAINTENANCE MA I VeriPic® Pro-Rated Maintenance Agreement (start: 04/01/09) 1 $ 768.00 $ 768.00 SUBTOTAL FOR MAINTENANCE $ 768.00 PROFESSIONAL SERVICES --Non Taxable VP-TRN-101 2 Hour Webex Training Voucher 0 $ 399.00 $ - INSTALL Customer to install, VeriPic phone support provided $ - $ - VP-SHP-101 Shipping for hardwaze 0 $ 100.00 $ - VP-SHP-100 Shipping for softwaze only 0 $ 25.00 $ - SUBTOTAL FOR PROFESSIONAL SERVICES $ - SUBTOTAL ~ 11,148.00 TERMS : Net 30 Days from date of shipment 'TAX $ - *All prices quoted in US Dollars` TOTAL INVESTMENT ~ 11,148.00 Packet Page Number 203 of 220 SRECIAI.NOTES=Bs COMMENTS , '_ ~ Normal Delivery is 1 to 4 weeks from receipt of purchase order • Each floating user license permits software to be installed on multiple computers. The number of computers that can be actively using the system at any given time can not exceed the number of licenses purchased, even though the client software may have been installed on more computers. If there is a delivery delay in some components but the majority of the order is available for delivery we will deliver what we can and invoice only for the actual components delivered. The remaining portions of the order will be delivered as they become available and with each delivery will be an invoice for the components delivered with each shipment. lieu of purchase; this package may be acquired with the one of the following lease options. 24 Months $532.87 36 Months $368.00 Name: (Please Print) Signature: Date: CREDIT CARD>INFO_RMATIO_ N Card Number: Expiration Date: Name on Card: Card Type: Company Name (if present): Security Code: Billing Address line 1: Billing City: Billing Address line 2 (if present): Billing State: Billing Phone Number: Billing ZIP: P,.URCHASE-.ORDER INFORMATION °' ' PO Number: PRICING: TERMS';,AND CONDITIONS;arth UeriPicQ,; INC. <` 1 This quotation is based on the current product prices. Features, products and prices are subject to change a8er expiration date. 2. All Quotes are Valid For 60 Days unless otherwise stated by an expiration date at the top of the proposal 3, Customer to supply any needed client PC work stations, scanners, or digital cameras: Windows XP. Client Min Specs: 1 GB of RAM, 40 GB Free Disk Space, 2 GHz Processor, Windows XP OS, Graphics Card Resolution (min) 1024 X 768. (16 Bit or higher Color Depth) USB 2.0 Flash Memory Card Reader (required for input station operations), USB 2.0 Ports 4. If the customer is to supply a PC to be used as a Server for the VeriPicOO Database: Windows XP or Windows 2003 Advanced Server. This does not have to be a dedicated server, but must have the following Minimum Specifications: 2 GB of RAM, 80 GB Free Disk Space, Pentium 4 / 2.5 GHz Processor, Windows XP or Windows 2003 Advanced Server OS, Graphics Card: resolution (min) 1024 X 768 - 16 Bit or higher color depth. CD-RW or DVD-RW required if backing up onto CD's or DVD's, USB 2.0 External Hard Drive: required if backup onto external hard drive is desired, USB 2.0 Ports if importing photos directly to Server 5. If this quote includes a server, it will be listed under Software & Hardware. 6. 50% Down required upon ordering from all first time customers. 7. If full payment is not received within 30 days of invoice date, the account will be placed on credit and service hold. A late penalty of 10% will be applied to the outstanding balance. In addition a montlily interest charge of 0.8% will be applied to any unpaid balances. 8. Normal Delivery 1-3 Weelcs 9. Customer is responsible for maintenance of all cable & wiring associated with this equipment. 10. The above pricing currently being offered to the customer and is to be considered confidential. Customer will be held liable if any information contained in this Quotation is provided to any third party. Packet Page Number 204 of 220 )DUCT TERMS Bti~Cf1NDITIONS: ' The number of concurrent licenses purchased for each license type allows the customer to have up to that number of simultaneous users usine that license type at any liven time. Upgrade Price is the difference between the list price of the new System and the price paid for the old. INITIAL You, the customer or as a representative of the customer with the authority to act on behalf of the customer, will agree that VeriPic, Inc. is a California Corporation with only one location at 2360 Walsh Ave., Santa Claza, CA 95051. You agree that VeriPic, Inc. has a business presence in the City of Santa Claza, California and does not have a business presence anywhere else. If the City of Santa Claza, California is not part of your jurisdiction you agree that VeriPic, Inc. does not have a business presence within your local jurisdiction and that any taxes, regulations, business licensing requirements or any other laws based on a business presence in your locality do not apply to VeriPic, Inc. because you agree ~~, that VeriPic, Inc. does not have a business presence in your locality. You further agree that the existence of VeriPic, Inc. products alone in your locality do not constitute a business presence. Any agreement is not final until all documents aze sent to VeriPic, Inc at 2360 Walsh Ave., Santa Claza, CA 95051 for final approval. You, the customer or a representative of the customer with the authority to act on behalf of the customer, will agree that that any agreement made between VeriPic, Inc. and you or your organization is made in Santa Claza County, California and that Santa Claza County, California is the proper venue for the settlement of any disputes that may arise out of this agreement. In a database concurrent license environment, licenses aze served by a license server. In a database concurrent license environment, all client computers must be on the same Local Area Network as the database server. The hard drives of the client PC's must be mapped such that the client computers can read and write from the database of the server. In all environments, system administrators must not block read and write access to the system registry for any of the users. Non-Networked versions are meant to run on one computer, Networked versions allow the one user per license to be logged into the system at one time on as many computers as is allowed (Described in line #1). The customer is responsible for installation and setup of the computer network prior to contacting our technical support department. VeriPic®, Inc. is not responsible for helping with setting up the customer's internal network. (112A1.::MAINTENANCEFkGREEMENT'{Tvveive-9,121 Monthsb~INCI;UDES: Updates to current versions of VeriPic® during the term of the maintenance agreement. Phone and email support for the VeriPic® System. Addition of your new camera models to our camera compatibility list while support is active. Customer pays postage for sending equipment to us. '/Dote: hr eery rare cases, some cameras /rune s•ecuriq~J/mrs tha/prevent cmnera driver creation. In these cases, the ph°1°s jr°m sue/r cameras Wray sli!! be "Secured" and stored in lire VeriPid~ System bnt "Aulhemicali°n"may not be possible. VeriPic~, Inc. is not responsible jar secerilyJlmvs• desibnred into some cameras. You may wish to discuss such camera desibnr Jlatrs with the camera m°mrjaclurer. Camera driver creation roil! be done only !jour technical staffdclennines that it is technically possible. Defective, Damaged or Lost Hazdwaze Key: -Free replacement if key is Defective or battery in hazdwaze key runs out. Old key must be returned to VeriPic® first. VeriPic® is not responsible for acts of God, flooding, power surges, etc. Lost or stolen or damaged Hazdwaze Keys: One (1) lost or damaged or stolen key (or any key that is not classified as defective) is replaced per year (no questions asked). ~If a second non-defective replacement key is requested within a 12 month period the cost will be 20% of the system price. ~If a third non-defective replacement key is requested within a 12 month period the cost will be 50% of the system price. Additional non-defective replacement keys requested within a 12 month period the cost will be 100% of system price. If you purchased computer hazdwaze from VeriPic® your support contract covers, at VeriPic®'s option, repair or replacement of any parts found to be defective with parts of similar or better specifications than the defective parts. (This provision does not cover computer or other hazdwaze parts not purchased from VeriPic nor does it cover damage due to abuse, damage or misuse by the customer.) 20% discount on the hourly rate of our experts should your business need the services of our experts in laboratory work 20% discount on our on-site training services 20% discount on replacement or lost manuals or disks or training materials 0. Support service will cover all aspects of the normal operation, maintenance and usage of the VeriPic® System, but exclude any discussion and disclosure of VeriPic® trade secrets in accordance to the "California Uniform Trade Secret Act". VerilPic~RETURN POLICY ' 1. VeriPic® software return policy applies to packages sold directly from the factory. If a package is returned unopened within 30 days of the original shipment date, the customer will receive a full refund. If within that 30 day period from shipment date the package is returned opened, there will be a 15% restocking chazge deducted from the refund amount due to the customer. A$er 30 days from the shipment date, there will not be a refund due to the customer. 2. If within 90 days of the original shipment date there is a defect in material or workmanship in the disk or manual, VeriPic® will replace the defective disk or manual at its own expense-including shipping costs. The defective disk or manual must be shipped by the customer to VeriPic® in order for the customer to receive a new disk or manual. I /lave read and understand the above ler•ms and conditions. 11.20.2008 Signature: Date: Packet Page Number 205 of 220 1101 East 78th Street * Bloomington, MN 55420 Phone:952-925-6800 Fax:952-925-6801 (30) Olympus DS2400 digital portables. Contact: Jennifer Anderson Email: jennifera@loffler.com _ C~ U O_T_E ;;:.;. :: s~F~e ~~> ~:> ]~.0~lurr~t7~r :S~r i a1:~#:; ,::;C~t~':: is [ ::..::~::::::.::::.~.~'::;::::::::>:~>::~: ~ : ~ :~::~:i:~:i:' :~:~ ~~;i`:::::~::::~:><+ ~~ :`~~~<:: 48 Olympus DS 2400 digital voice recorders. Includes: Recorder, 1G SD Card, USB Cable, DSS Software, 2 AAA batteries. ... .kt~:~F!i~ic~: ~T;55fi~l:I~ivesfii~riei~t?~'~~ ~~` ~~$~A,~.,..~~.::: :::dales:T~x::>::::: i ~': ~ 08i~4:': ::::~::~.::~~...:..~:•.:~..~ :: :..::..:.:... :..:.... ~~ oil ~::~: T`4tal~~:~:':~::~: ~:~ ~~>~Q424~ :~:'::::~'1.'.1;.x .:..:..:..:..:.•.,.•.,. $227.00 $10,896.00 PRICES SUBJECT TO CHANGE -PRICES BASED UPON TOTAL PURCHASE -ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED -GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOR ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. MINIMUM 15% RESTOCKING FEE WITH ORIGINAL PACKAGING. Page 1 Packet Page Number 206 of 220 Agenda Item M 16 AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development/Park Director Bill Priefer, Public Works Operations Analyst SUBJECT: Approval of Spring 2009 Clean-up Event DATE: March 5, 2009 INTRODUCTION The 2009 Maplewood Spring Clean-Up Event is scheduled to take place on April 25th at Aldrich Arena, 1850 White Bear Avenue, from 7 a.m. to 1 p.m. Staff is recommending that the disposal fees be raised and that fees for disposal of a-waste be reinstated. These fees still allow Maplewood residents to pay for approximately 25 to 35% of disposal costs. In the past the City has typically targeted a subsidy rate of approximately 65 to 75% of these disposal costs. Attached is a copy of the fee schedule for your review. Fees for disposal have not been raised since 2003, and costs to the City continue to escalate. Last year a new Minnesota State Law required electronics manufacturers to help pay for the recycling of e- waste which allowed Maplewood to waive the disposal fees at both Spring and Fall 2008 clean-up events. However, electronics manufacturers reached the recycling goals set by state law sooner than expected, and are no longer required to accept a-waste for free. Since the City must now pay for the disposal of e- waste, re-establishment of past fees is necessary. Maplewood's Spring Clean-up Event is being scheduled at the same time as Ramsey County's Household Hazardous Waste collection program. Household hazardous waste including oil, paint, antifreeze, and household chemicals will be accepted free of charge. The household hazardous waste collection program will run from 7 a.m. to 4 p.m. Combining these two services will offer residents the opportunity to participate in both events without making additional trips for disposal of these items. Maplewood's Environmental and Natural Resource Commission members will also be present at this collection event to answer questions and distribute educational information to the residents. RECOMMENDATION Staff recommends approval of the 2009 Spring Clean-Up Event scheduled for April 25th at Aldrich Arena from 7 a.m. to 1 p.m. Attachment: 1. Spring Clean-Up Event Fee Schedule/Information Fact Sheet Packet Page Number 207 of 220 SPRING 2009 CLEAN-UP DAY Maplewood's annual Spring Clean-up day is Saturday, April 25t" from 7 a.m. to 1 p.m. in the Aldrich Arena parking lot at 1850 White Bear Avenue. Maplewood residents, with proof of residency, will be able to dispose of appliances, tires, construction debris, mattresses, furniture, car parts, scrap metal, other assorted junk, and all electronic equipment such as televisions, computers, monitors and cell phones. NO BRUSH OR TREE WASTE WILL BE ACCEPTED Last year a new Minnesota State law required electronics manufacturers to help pay for the recycling of a-waste which allowed Maplewood to waive the disposal fees that we charged in the past. However, manufacturers reached the recycling goals set by state law sooner than expected, and are no longer required to accept a-waste for free. Since the City must now pay for the disposal of e-waste, re-establishment of past fees is necessary. In conjunction with Maplewood's Spring Clean-up day, Ramsey County will be collecting household hazardous waste starting at 7 a.m. Household hazardous waste including oil, antifreeze, paint and other hazardous waste items will be accepted free of charge. Combining these two services will offer residents the opportunity to participate in both events without making additional trips for disposal. If you only have hazardous waste to dispose of, Ramsey County will also be collecting hazardous waste at Aldrich Arena on Friday, April 25t" from 10 a.m. to 6 p.m. Bicycles will be collected by Re-Cycle, a used bicycle shop in Minneapolis. Re-Cycle will be collecting bicycles in ANY CONDITION. Many of the bicycles will be restored and returned to the road for re-use. Others will be stripped for parts. Are-used bicycle saves approximately 175 pounds of carbon dioxide emissions by reducing the need to produce a new bicycle. For more information, visit re-cycle.com. In conjunction with this event, Maplewood will also be sponsoring a food drive for the Second Harvest Food Bank. Containers will be set up to collect food items. Tuna, peanut butter, macaroni and cheese, canned soups and vegetables, infant items, dried foods and cash are needed. COLLECTION FEES (CASH OR CHECK ONLY) TYPE OF LOAD E-WASTE Cars without a trailer $15 Televisions $10 Cars with a trailer $20 Computer/Monitor $15 Pickup Trucks $20 Printers $5 Large loads $50 plus DVD/VCR $10 INDIVIDUAL ITEMS Car tires on or off rims $4 Appliances $15 Please call 651-249-2400 with any questions that you may have. Packet Page Number 208 of 220 Agenda Item M 17 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner SUBJECT: Woodlynn Ponds Townhomes-Planned Unit Development Review DATE: March 16, 2009 INTRODUCTION The conditional use permit (CUP) for the Woodlynn Ponds Townhomes planned unit development (PUD) is due for its annual review. The PUD allows this 26-unit townhome development which has 10 buildings fronting on Chisholm Court, a private roadway and three twin homes that front on Woodlynn Avenue. Refer to the attachments. BACKGROUND July 14, 2003: The city council approved the preliminary plat, awetland-encroachment variance/mitigation plan, a PUD and the design plans. September 8, 2003: The city council approved the final plat. July 12, 2004, November 14, 2005, November 13, 2006 and November 26 2007: The city council reviewed this PUD and required review again the next year. DISCUSSION City code requires that the city council review CUPs annually to check on project status. This development is nearly completed-12 of the 13 twin homes have been built. The remaining building to be constructed is the easterly twin home on Woodlynn Avenue. Since there is no building here yet, that site has not been landscaped. This will be done when the final twin home is constructed. All of the other site work has been completed. Staff recommends reviewing this PUD again in one year since the last twin home must still be constructed to complete the project. RECOMMENDATION Review the conditional use permit for the Woodlynn Ponds Townhomes PUD in one year. p:sec2N\Woodlynn Ponds CUP Rev0309 Attachments: 1. Location Map 2. PUD Development Plan Packet Page Number 209 of 220 Attachment 1 SEAM AVE ~: ~~a:,~:.,_~,z:~•, ~~~~ ~~r 1 ~ ~. ~~ ~ ~r ~~ ~ i ~ ~ ~ • ~~ ~~ ' •~ Woodlynn Ponds Townhomes Packet Page Nun 210 of 220 Location Map Attachment 2 ~..__-._____~.~~`6 _ -----_~_---~________ ~_--~ ~.,.~ "~m,.w ..k~.._~___ CaUNTI' RUAD ~ ~ ~ Rea~i=x •„ ~.es _ .~:ndl LvF~xK .~+c•M~r ww C • .. i~ ti •~L . c: ~= r~ ~ c y i _I r t '' _ ~ L }~ r -1- ~ _, ~ _._ .. f.. ~ r :h 4 i _ ~ 11`lf ~~.i r~ ~ ~}i - - - fiF:~ c I :,~ ,~, '_!( 1';' ~ __._._ _. _._ ~:~, ..'. - til i lj • i l: } i , e ~ y.r... - x ,. - ~' .; - _ . y .,_ =1.' ' ~ t z ~ ~ . ~ i'' ;; - -t. -.- ,,..~._ -:.. . ~. . r- i ~~fDDDLYNN ANY ~_ i _ ~ _ ~ _ _ .~ ~ _ -.. _ R M. LICE. ~I .. .. IM r !F M i li1T`.. 5~ ~.' v rn I ~^~ ~ ~ ..z ~,~ ~~. z ,. ~ -o o~ ~~ ----- _-- ;:- :-_ -- x a . o -~ ' ~~ s~ o •' o _~ ~ r __ ~~_ - _ . - Y . ~ . - . _ . d I z d i --- -- -' - -~ -~.._ i ~. ~ ' ;` . o ~ m f ~. -c ~ ~+ ~ r~ ~J __s~ ~ ~-r-,m -:~= ~ m ~. ~ ~.. ° ~ L-~--~- f I --'------- Packgt Page Nu m., _ !_ ! 211 of 220 Agenda Item M 18 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Conditional Use Permit Review PROJECT: Olivia Gardens PUD LOCATION: 2313 to 2335 Olivia Court DATE: March 12, 2009 INTRODUCTION The conditional use permit (CUP) for the Olivia Gardens planned unit development (PUD) is due for review. This PUD is fora 14-unit town house development consisting of seven two-unit buildings. Refer to the maps. BACKGROUND On July 12, 2004, the city council approved the following for the Olivia Gardens project: 1. A change in the city's land use plan from R-1 (single dwellings) to R-2 (double dwellings). 2. A zoning map change from R-1 (single dwellings) to R-2 (double dwellings). 3. A conditional use permit (CUP) for a planned unit development (PUD). 4. A preliminary plat. On October 26, 2004, the community design review board (CDRB) approved the design plans. On January 10, 2005, the city council approved the final plat for Olivia Gardens. On July 11, 2005, and July 24, 2006, the city council reviewed this permit and agreed to review it again in one year or sooner if the owner proposes a major change to the site. DISCUSSION This project is finished and all conditions have been met. Staff recommends no further reviews unless the home-owners' association proposes a change or a problem arises. RECOMMENDATION Review the conditional use permit for Olivia Gardens PUD again only if the home-owners' association proposes a change or if a problem arises. p:sec25\Oliva Gardens annual PUD review 2009 to Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan Packet Page Number 212 of 220 Attachment 1 ~ jr~cw~t ok . 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OrtMiope Eaevn.et / ~~~® ~ ~ z i a r / ~~/ ~ /_:.. ~ ~ ~.,: ~~ o /. ~' ~~Y ~~o J ~ eb9 c /. ~~ 4 /. ~ .- ~ .~p ~ I ~J ~® 1 ~ ~ ..~{{~ ~ w~~}d~ - cy°~B ~a OUTLOT A - ~ e`er ~s:'°; xurta reea F.e~ ~~ 7 ' .,. °1 / ~ ~~/ / ®,~ / / ~ / ~B ~,~~~ ~ ~ SATE PLAN io~~6~f 4 N 215 of 220 Agenda Item M19 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Steve Lukin, Fire Chief SUBJECT: Increase for Fire Department Stipends DATE: March 18, 2009 INTRODUCTION/SUMMARY The Fire Department has several paid-per-call positions that also receive a yearly stipend, in particular, the Fire Captain and Fire Engineer. I am requesting in increase for these two stipends, which were put into place in 1997. The money for the increases is in place in the 2009 Budget. RECOMMENDATION It is recommended that the City Council approve the increase in the yearly stipend for the Fire Engineer from $600 to $1,000 and the Fire Captain from $1,000 to $1,200 retroactive to January 1, 2009. Packet Page Number 216 of 220 MEMORANDUM TO: James Antonen, City Manager FROM: Carol Mason Sherrill, Environmental and Natural Resources Chair SUBJECT: Approval of the Environmental and Natural Resources Commission 2008 Annual Report DATE: March 16, 2009 for the March 23 City Council Meeting INTRODUCTION The Environmental and Natural Resources (ENR) Commission was formed by the city council on September 11, 2006. The purpose of the commission is to establish environmental priorities and to propose changes necessary to existing environmental ordinances to ensure the protection, preservation, and enhancement of the city's environmental assets. Most of Maplewood's ordinances creating boards and commissions require the submittal of an annual report to the city council. The annual report outlines the actions and activities taken by the commission or board during the preceding year, recommendations needed to existing ordinances or policies based on past reviews, and goals envisioned for the upcoming year. These reports are reviewed and approved by the city council. The ENR Commission ordinance does not have an annual reporting requirement. However, the ENR Commission would like to begin submitting annual reports in order to update the city council on accomplishments achieved by the commission and obtain feedback and approval on proposed goals. On March 3, 2009, the ENR Commission recommended the following content for their first annual report to the city council. ENR 2008 ANNUAL REPORT Preface The ENR Commission is charged with protecting, preserving and enhancing the environment of the City of Maplewood. Members Agenda Item M20 The ENR Commission consists of seven members appointed by the city council. Membership terms are for three years, with extensions for additional terms approved by the city council. The current membership is as follows: Board Member Membership Began Term Expires Carole Lynne Carol Mason Sherrill Ginny Yingling Dale Trippler Frederica Musgrave Bill Schreiner Judith Johannesen 11 /27/06 11 /27/06 11 /30/06 02/25/08 06/25/07 06/09/08 07/14/08 12/31/09 12/31 /09 12/31 /09 12/31 /09 12/31 /09 12/31/10 12/31/10 Packet Page Number 217 of 220 Meetings The ENR Commission's regularly scheduled meetings are the first Tuesday of every month at 5:15 p.m. In 2008, the ENR Commission held 15 meetings. Eight of those meetings were held during regularly scheduled dates, the other seven were held during alternate dates to accommodate rescheduling or addition of meetings. 2008 Attendance Board Member Attendance Carole Lynne 13 of 15 Carol Mason Sherrill 14 of 15 Ginny Yingling 12 of 15 Dale Trippler 13 of 13 Frederica Musgrave 11 of 15 Bill Schreiner 7 of 8 Judith Johannesen 7 of 7 Reviews and Accomplishments Wetland Ordinance: Recommended approval of a draft wetland ordinance in October after several years of review by the wetland committee and ENR Commission. Expect adoption of wetland ordinance by the city council in 2009. 2. Maplewood Comprehensive Plan: Reviewed three chapters of the city's 2030 Comprehensive Plan including: a. Natural Resources Chapter b. Sustainability Chapter c. Surface Water Management Chapter Draft 2030 Comprehensive Plan was forwarded to adjacent governmental agencies in December. Expect adoption of 2030 Comprehensive Plan by the city council in 2009. 3. U.S. Mayor's Climate Protection Agreement: Recommended approval of the U.S. Mayor's Climate Protection Agreement that commits the city to reducing emissions and waste in the community. 4. Rules of Procedure: Drafted the ENR's Rules of Procedure to help facilitate meetings. 5. Silver Lake Improvement Association Request for Herbicide Treatment Funding: Recommended approval of funding the Silver Lake herbicide treatment for the removal of curly leaf pondweed and Eurasian Watermilfoil. 6. University of Minnesota Sustainable Maplewood Project: Worked with the University of Minnesota professors and students on their Sustainable Maplewood project. 7. New Member Orientation: Held orientation for two new commissioners in the fall of 2008. Packet Page Number 218 of 220 8. Capitol Region Watershed District 2010 Watershed Management Plan: Representatives of the Capitol Region Watershed District presented the process for reviewing their 2010 watershed management plan. Commissioner Schreiner volunteered to sit on the advisory committee. 9. St. Paul Regional Water Services Zebra Mussel Management Plan: Recommended the St. Paul Regional Water Service take measures to protect Maplewood lakes from zebra mussels and other invasive species which may be spread from the water service operations. 10. Eureka Recycling 2007 Report: Review Eureka Recycling's 2007 report and gave recommendations for the 2008 work plan. 11. Wind Turbine Ordinance: Began reviewing proposed wind turbine regulations for the City of Maplewood. 12. Environmental Protection Ordinance (Slopes and Mississippi Corridor Critical Area): Began reviewing the city environmental protection ordinance for possible amendments to the slope and Mississippi Critical area regulations. 13. Goal Setting: Held a goal setting meeting to determine the top three goals which could be accomplished by the ENR Commission in 2009. Outside Activities 1. Waterfest 2. National Night Out Recycling Bin Distribution 3. Collaborative Joy Park Buckthorn Removal Project 4. Spring and Fall Clean Up Goals During the ENR Commission's November 18, 2008, Goal Setting Meeting, the commission came up with three main goals they would like to focus on in 2009 including: 1. Storm Water 2. Greenways 3. Trash Hauling During the goal setting meeting, the commission agreed to break up into subcommittees to do research and work outside of the full commission. The subcommittees will bring back reports to the full commission for review and recommendations. Conclusion The ENR Commission will continue to carry out the mission of the commission which is 1. Establish environmental priorities for the city. 2. Make recommendations on policies, procedures and ordinances that control, protect, preserve, and enhance the city's environmental assets. 3. Participate in the mission and goal of the Maplewood Nature Center and Neighborhood Preserves. Packet Page Number 219 of 220 4. Promote greater use and appreciation of the city's environmental assets. 5. Sponsor environmental projects to enhance, repair, replace, or restore neglected or deteriorating environmental assets of the city. 6. Develop educational programs that foster the mission of the commission. 7. Develop and promote sustainable practices for city policies and procedures. RECOMMENDATION Accept the Environmental and Natural Resources' 2008 Annual Report. Packet Page Number 220 of 220