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2010 12-13 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday,December 13,2010 City Hall, Council Chambers Meeting No. 25-10 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 andProcedures and Rules of Civility, which are located near the entrance. Before addressingthe council, sign in with the City Clerk. At the podium pleasestate your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will thendirect staff, as appropriate, to answer questions or respond to comments.” D.APPROVAL OF AGENDA E.APPROVAL OFMINUTES 1.Approval of November 15, 2010, Council Manager Workshop Minutes 2.Approval of November 22, 2010, Council Manager Workshop Minutes 3.Approval of November 22, 2010, City Council Meeting Minutes 4.Approval of November 29, 2010, Council Manager Workshop Minutes F.APPOINTMENTS AND PRESENTATIONS 1.Commissioner Appointments a.Planning Commission b.Police Civil Service Commission c. Business & Economic Development Commission CONSENT AGENDA – G.Items on the Consent Agenda are considered routine and non-controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1.Approval of Claims 2.Approval of Lawful Gambling License for Hill-Murray Mothers’ Club at 5-8 Tavern & Grill 3.Approval of Resolution Accepting Donation to the Fire Department From Nadeau Family 4.Approval of Resolution Accepting Donation to the Police Department From Residential Mortgage Group 5.Request Approval to Enter Into Two Agreements With Brodin Studios 6.Approval of 2011 Animal Control Contract 7.Fall 2010 Clean-Up Event Summary 8.Approval of Conditional Use Permit Review, Liberty Classical Academy and First Evangelical Free Church, 2696 Hazelwood Street 9.Approval of Conditional Use Permit Review, T-Mobile Tower –Harmony Learning Center, 1961 County Road C East 10.Approval of Commercial Use Antennas and Towers Ordinance Amendment – Second Reading 11.Design Approval – The Woodlands of Maplewood – Sophia Avenue, East of McMenemy 12.Approval of Final Plat – The Woodlands of Maplewood Second Addition (Sophia Avenue, East of McMenemy Street) 13.Approval of Resolution Ordering Transfer of Funds for Sanitary Sewer Main Televising, The Woodlands of Maplewood, Project 05-04 14.Approve Purchase of Jet/Vac Sewer Truck 15.Approval of Resolution Directing Modification of Existing Construction contract, Supplemental Agreement No. 42, Century Avenue Improvements, Project 03-15 16.Request Approval to Apply for Certified Local Government Status 17.Approval of a Resolution Authorizing the City to Participate in the Minnesota GreenStep Cities Program 18.Consider Revisions to Format and Dates for Citizen Forum in 2011 19.Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 1, Lift Station No. 8 Upgrades, Project 10-01 H.PUBLIC HEARINGS 1.Open Space and Parks Zoning Ordinance Amendment – (First Reading) I.UNFINISHED BUSINESS 1.Consider Contract Revisions for Installation of Solar Panel Array at Maplewood Community Center J.NEW BUSINESS 1.Approval Authorizing Purchase of Union Cemetery Property 2.Approval of Western Hills Area Street Improvements, City Project 10-14, Resolution Accepting Feasibility Study, Authorizing Preparation of Plans and Specifications and Calling for Public Hearing 3.Approval for an Off-Sale Intoxicating Liquor License for Hillside Wine & Spirits, Inc. 4.Approval for an On-Sale Intoxicating Liquor License for Osaka Sushi, Inc. 5.Approval of Joint Powers Agreement with City of North St. Paul for Recreation Program Services 6.Rezoning of 2433 Highwood Avenue From F (Farm Residential) to R1 (Single Dwelling Residential) 7.Approval of Award of Contracts for Fire Station Sleeping Quarters K. VISITOR PRESENTATIONS L.AWARD OF BIDS 1.Approval of Award of Bid for Maplewood Community CenterCatering Contracts M.ADMINISTRATIVE PRESENTATIONS N.COUNCIL PRESENTATIONS O.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 withthe 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 thesesimple 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 listento one another, keep emotions in check and use respectful language. Agenda Item E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP A.CALL TO ORDER B. ROLL CALL C.APPROVAL OF AGENDA D.UNFINISHED BUSINESS 1.Discuss Collection System Analysis Process E.NEW BUSINESS F. ADJOURNMENT Agenda Item E2 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP A.CALL TO ORDER B. ROLL CALL at 5:25 p.m. C.APPROVAL OF AGENDA D.UNFINISHED BUSINESS 1.Commissioner Interviews 2.Closed Session – Discussion of Condemnation Settlement with Azure Property – County Road D/Hazelwood - City Project 02-07 E.NEW BUSINESS F. ADJOURNMENT Agenda Item E3 MINUTES MAPLEWOOD CITY COUNCIL A.CALL TO ORDER B.PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1.Approval of November 1, 2010, City Council Workshop Minutes 2.Approval of November 8, 2010, City Council Workshop Minutes 3.Approval of November 8, 2010, City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1.Certificates of Appreciation for Girl Scouts – Mayor Rossbach G. CONSENT AGENDA 1. Approval of Claims GRAND TOTAL 2.Request Approval of 2011 Youth Service Bureau Agreement 3.Approval of 2010 Payment to Firefighters Pension Fund 4.Resolution approving Certification of Special Assessments for Unpaid Ambulance Bills 5.Resolution approving Certification of Special Assessments for Unpaid Miscellaneous Charges 6.Approval of Livable Communities Act (LCA) – Housing Action Plan 7.Approval of Conditional Use Permit Termination, T-Mobile Monopole, 2220 Edgerton Street North CONDITIONAL USE PERMIT TERMINATION RESOLUTION 10-11-489 8.Approval of authorization to Complete Audio/Video Updates in Council Chambers 9.Approval of Traffic Signal Maintenance Agreements with Ramsey County, City of Woodbury and Washington County, Century Avenue Improvements, City Project 03-15 10.Approval of Special Assessment Settlement Agreement for 3065 White Bear Avenue/County Road D Improvements, City Project 08-13 11.Approval of Resolution Directing Modification of Existing Construction Contract, Supplemental Agreement No. 3, White Bear Avenue/County Road D Improvements, Project 08-13 RESOLUTION 10-11-490 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 08-13, SUPPLEMENTAL AGREEMENT NO. 3 12.Approval of Agreement Between the Maplewood Community Center and Ashland Performing Arts 13.Resolution Approving Certification of Special Assessment for Unpaid SAC Fees for 27 Century Avenue RESOLUTION 10-11-491 H. PUBLIC HEARING 1.Markham Pond Retaining Wall, Project 05-18 RESOLUTION 10-11-492 ADOPTING ASSESSMENT ROLL 2.Tax Exempt Revenue Bond Financing – Hill Murray Foundation for Hill-Murray High School SECTION 1.LEGAL AUTHORIZATION AND FINDINGS. SECTION 2.THE NOTE. SECTION 3.MISCELLANEOUS . 3.Commercial Use Antennas and Towers Ordinance Amendment – (First Reading) I.UNFINISHED BUSINESS 1.Resolution for Adoption of 2011 Recreation Fees 2.Resolution for Adoption of St. Paul Water Surcharge Rate for 2011 3.Resolution for Adoption of Ambulance Rates for 2011 RESOLUTION 10-11-496 ADOPTION OF THE 2011 AMBULANCE RATES 4.Resolution for Adoption of 2011 Recycling Fees 5.Resolution for Adoption of Environmental Utility Fund Rates for 2011 6.Resolution for Adoption of Sanitary Sewer Rates for 2011 7.Consider Contract Revisions for Installation of Solar Panel Array at Maplewood Community Center table table J.NEW BUSINESS 1.Call for Special Work Session November 29, 2010, for the Purpose of Conducting Commissioner Interviewsat 5:15 p.m. 2.Consider Approval of Settlement Agreement for Condemnation of Property with Azure Propertiesat County Road D/Hazelwood – City Project 02-07 K.VISITOR PRESENTATIONS L.AWARD OF BIDS M.ADMINISTRATIVE PRESENTATIONS 1.Report on Progress on City Council Goals N.COUNCIL PRESENTATIONS 1.Holiday – O.ADJOURNMENT Agenda Item E4 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP A.CALL TO ORDER B. ROLL CALL Absent C.APPROVAL OF AGENDA D.UNFINISHED BUSINESS E.NEW BUSINESS F. ADJOURNMENT Agenda Report TO: FROM: DATE: SUBJECT:Commissioner Appointments a. Planning Commission b. Police Civil Service Commission c. Business & Economic Development Commission INTRODUCTION/SUMMARY RECOMMENDATION RESOLUTIONNO. ______ Planning Commission Police Civil Service Commission Business & Economic Development Commission G-1 AGENDA NO. AGENDA REPORT City Council TO: FROM:Finance Manager RE:APPROVAL OF CLAIMS November 22, 2010 DATE: Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $1,858,794.98Checks #82960 thru # 83032 dated 11/17/10 thru 11/23/10 $347,773.02Disbursements via debits to checking account dated 11/15/10 thru 11/19/10 $1,189,557.01Checks # 83033 thru # 83056 dated 11/30/10 $119,559.28Disbursements via debits to checking account dated 11/22/10 thru 11/26/10 $3,515,684.29Total Accounts Payable PAYROLL $505,601.75Payroll Checks and Direct Deposits dated 11/26/10 $2,392.75Payroll Deduction check # 1009683 thru # 1009685 dated 11/26/00 $507,994.50Total Payroll $4,023,678.79GRAND 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. sb attachments Check Register City of Maplewood CheckDateVendorDescriptionAmount 73Checks in this report. CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount TOTAL347,773.02 Check Register City of Maplewood CheckDateVendorDescriptionAmount 24Checks in this report. CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount TOTAL119,559.28 Transaction DatePosting DateMerchant NameTransaction AmountName CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK #CHECK DATEEMPLOYEE AMOUNT NAME 11/26/10JUENEMANN, KATHLEEN416.42 11/26/10KOPPEN, MARVIN416.42 11/26/10LLANAS, JAMES416.42 11/26/10NEPHEW, JOHN416.42 11/26/10ROSSBACH, WILLIAM473.15 11/26/10STRAUTMANIS, MARIS260.00 11/26/10AHL, R. CHARLES4,917.95 11/26/10ANTONEN, JAMES5,300.00 11/26/10BURLINGAME, SARAH1,861.61 11/26/10KANTRUD, HUGH184.62 11/26/10CHRISTENSON, SCOTT1,939.13 11/26/10FARR, LARRY2,885.65 11/26/10JAHN, DAVID1,840.37 11/26/10HENNING, KARISSA92.30 11/26/10RAMEAUX, THERESE3,030.67 11/26/10BAUMAN, GAYLE3,860.96 11/26/10FORMANEK, KAREN722.35 11/26/10ANDERSON, CAROLE1,795.43 11/26/10DEBILZAN, JUDY1,234.18 11/26/10JACKSON, MARY2,102.97 11/26/10KELSEY, CONNIE2,569.24 11/26/10LAYMAN, COLLEEN2,880.00 11/26/10ARNOLD, AJLA1,464.49 11/26/10CAREY, HEIDI2,494.95 11/26/10GUILFOILE, KAREN4,176.43 11/26/10KROLL, LISA1,627.96 11/26/10NEPHEW, MICHELLE1,630.15 11/26/10SCHMIDT, DEBORAH2,589.83 11/26/10SPANGLER, EDNA1,140.49 11/26/10CORTESI, LUANNE1,184.44 11/26/10LARSON, MICHELLE1,709.35 11/26/10MECHELKE, SHERRIE1,080.01 11/26/10MOY, PAMELA1,197.69 11/26/10OSTER, ANDREA1,886.77 11/26/10RICHTER, CHARLENE759.56 11/26/10SCHOENECKER, LEIGH1,227.81 11/26/10WEAVER, KRISTINE2,245.35 11/26/10CORCORAN, THERESA1,882.15 11/26/10KVAM, DAVID4,168.15 11/26/10PALANK, MARY1,886.77 11/26/10POWELL, PHILIP2,903.66 11/26/10SVENDSEN, JOANNE2,100.79 11/26/10THOMALLA, DAVID4,936.26 11/26/10YOUNG, TAMELA1,882.15 11/26/10ABEL, CLINT3,112.88 11/26/10ALDRIDGE, MARK3,213.05 11/26/10BAKKE, LONN419.23 11/26/10BARTZ, PAUL3,270.78 11/26/10BELDE, STANLEY3,079.81 11/26/10BENJAMIN, MARKESE2,750.05 11/26/10BIERDEMAN, BRIAN3,370.32 11/26/10BOHL, JOHN3,127.97 11/26/10BUSACK, DANIEL3,466.20 11/26/10COFFEY, KEVIN3,311.51 11/26/10CROTTY, KERRY3,575.20 11/26/10DEMULLING, JOSEPH2,737.89 11/26/10DOBLAR, RICHARD3,737.66 11/26/10DUGAS, MICHAEL3,887.83 11/26/10ERICKSON, VIRGINIA3,099.34 11/26/10FLOR, TIMOTHY3,480.81 11/26/10FRASER, JOHN3,151.94 11/26/10FRITZE, DEREK3,181.63 11/26/10GABRIEL, ANTHONY3,169.53 11/26/10HAWKINSON JR, TIMOTHY3,198.07 11/26/10HER, PHENG2,501.86 11/26/10HIEBERT, STEVEN2,888.66 11/26/10JOHNSON, KEVIN4,511.48 11/26/10KALKA, THOMAS372.36 11/26/10KARIS, FLINT4,579.80 11/26/10KONG, TOMMY2,961.30 11/26/10KREKELER, NICHOLAS803.20 11/26/10KROLL, BRETT3,096.36 11/26/10LANGNER, SCOTT3,293.35 11/26/10LANGNER, TODD3,028.74 11/26/10LU, JOHNNIE3,135.35 11/26/10LYNCH, KATHERINE1,887.11 11/26/10MARINO, JASON3,500.85 11/26/10MARTIN, JERROLD5,062.22 11/26/10MCCARTY, GLEN3,038.54 11/26/10METRY, ALESIA3,225.01 11/26/10NASH, AMY1,963.73 11/26/10NYE, MICHAEL3,451.60 11/26/10OLSON, JULIE2,974.53 11/26/10PARKER, JAMES1,944.87 11/26/10REZNY, BRADLEY3,087.37 11/26/10RHUDE, MATTHEW3,135.44 11/26/10SHORTREED, MICHAEL4,060.51 11/26/10STEINER, JOSEPH2,977.60 11/26/10SYPNIEWSKI, WILLIAM3,199.19 11/26/10SZCZEPANSKI, THOMAS3,122.50 11/26/10TAUZELL, BRIAN2,209.28 11/26/10THEISEN, PAUL2,930.85 11/26/10THIENES, PAUL4,754.35 11/26/10TRAN, JOSEPH3,046.97 11/26/10WENZEL, JAY3,331.33 11/26/10XIONG, KAO2,896.20 11/26/10BAUMAN, ANDREW3,102.33 11/26/10DAWSON, RICHARD3,062.94 11/26/10DOLLERSCHELL, ROBERT293.39 11/26/10EVERSON, PAUL3,760.80 11/26/10FOSSUM, ANDREW2,844.11 11/26/10HALWEG, JODI3,553.51 11/26/10HENDRICKSON, NICHOLAS2,311.99 11/26/10JUNGMANN, BERNARD3,375.63 11/26/10KUBAT, ERIC2,622.17 11/26/10LINDER, TIMOTHY2,962.94 11/26/10NOVAK, JEROME3,472.94 11/26/10OLSON, JAMES3,280.52 11/26/10PETERSON, ROBERT3,239.88 11/26/10PLACE, ANDREA2,388.55 11/26/10SEDLACEK, JEFFREY3,414.80 11/26/10STREFF, MICHAEL3,039.57 11/26/10SVENDSEN, RONALD3,370.12 11/26/10GERVAIS-JR, CLARENCE3,679.63 11/26/10LUKIN, STEVEN4,475.33 11/26/10ZWIEG, SUSAN2,275.20 11/26/10KNUTSON, LOIS1,996.55 11/26/10NIVEN, AMY1,411.62 11/26/10PRIEFER, WILLIAM2,713.17 11/26/10BRINK, TROY2,974.83 11/26/10BUCKLEY, BRENT2,479.52 11/26/10DEBILZAN, THOMAS2,702.22 11/26/10EDGE, DOUGLAS2,274.16 11/26/10JONES, DONALD2,611.23 11/26/10MEISSNER, BRENT1,860.55 11/26/10NAGEL, BRYAN3,408.40 11/26/10OSWALD, ERICK2,982.20 11/26/10RUNNING, ROBERT3,250.64 11/26/10TEVLIN, TODD2,722.46 11/26/10BURLINGAME, NATHAN1,948.04 11/26/10DUCHARME, JOHN2,713.97 11/26/10EATON, MEGAN224.00 11/26/10ENGSTROM, ANDREW2,459.75 11/26/10JACOBSON, SCOTT1,930.88 11/26/10JAROSCH, JONATHAN2,709.35 11/26/10KREGER, JASON2,016.40 11/26/10KUMMER, STEVEN3,063.75 11/26/10LINDBLOM, RANDAL2,713.98 11/26/10LOVE, STEVEN3,140.30 11/26/10THOMPSON, MICHAEL3,895.87 11/26/10ZIEMAN, SCOTT99.40 11/26/10HELCL, JOHN322.40 11/26/10EDSON, DAVID2,569.35 11/26/10HINNENKAMP, GARY2,466.64 11/26/10MARUSKA, MARK3,183.11 11/26/10NAUGHTON, JOHN2,476.26 11/26/10NORDQUIST, RICHARD2,127.66 11/26/10SCHINDELDECKER, JAMES2,129.98 11/26/10BIESANZ, OAKLEY1,477.95 11/26/10DEAVER, CHARLES387.65 11/26/10GERNES, CAROLE141.76 11/26/10HAYMAN, JANET1,520.94 11/26/10HUTCHINSON, ANN2,622.80 11/26/10WACHAL, KAREN854.68 11/26/10GAYNOR, VIRGINIA3,211.95 11/26/10BEHM, LOIS48.75 11/26/10KONEWKO, DUWAYNE4,390.46 11/26/10OLSON, ERICA1,291.19 11/26/10SINDT, ANDREA2,013.80 11/26/10THOMPSON, DEBRA638.11 11/26/10EKSTRAND, THOMAS3,800.52 11/26/10MARTIN, MICHAEL2,606.15 11/26/10BRASH, JASON2,154.15 11/26/10CARVER, NICHOLAS3,211.95 11/26/10FISHER, DAVID3,778.99 11/26/10SWAN, DAVID2,738.95 11/26/10WELLENS, MOLLY1,676.09 11/26/10BERGER, STEPHANIE228.00 11/26/10BJORK, BRANDON517.00 11/26/10JANASZAK, MEGHAN621.44 11/26/10KOHLMAN, JENNIFER144.88 11/26/10ROBBINS, AUDRA2,847.74 11/26/10ROBBINS, CAMDEN176.31 11/26/10SCHALLER, SCOTT107.50 11/26/10SHERRILL, CAITLIN923.89 11/26/10TAYLOR, JAMES2,583.24 11/26/10THOMFORDE, FAITH1,461.80 11/26/10ADAMS, DAVID1,739.20 11/26/10GERMAIN, DAVID2,139.99 11/26/10HAAG, MARK2,442.73 11/26/10KLOOZ, AUSTIN420.00 11/26/10SCHULTZ, SCOTT2,914.49 11/26/10ANZALDI, MANDY1,682.96 11/26/10BRENEMAN, NEIL2,036.93 11/26/10CRAWFORD - JR, RAYMOND609.68 11/26/10EVANS, CHRISTINE1,336.47 11/26/10GLASS, JEAN2,103.67 11/26/10HANSEN, LORI2,912.03 11/26/10HER, PETER496.80 11/26/10HOFMEISTER, MARY996.16 11/26/10HOFMEISTER, TIMOTHY353.63 11/26/10KLUCAS, PETER168.00 11/26/10KULHANEK-DIONNE, ANN491.51 11/26/10OLSON, SANDRA84.00 11/26/10PELOQUIN, PENNYE534.21 11/26/10PENN, CHRISTINE2,199.26 11/26/10SMITH, TERRENCE156.00 11/26/10STARK, SUE301.50 11/26/10VANG, KAY294.00 11/26/10VUE, LOR PAO169.13 11/26/10ZIELINSKI, JUDY38.50 11/26/10ANDERSON, MAXWELL133.00 11/26/10BAUDE, SARAH54.75 11/26/10BEITLER, JULIE18.00 11/26/10BIGGS, ANNETTE174.20 11/26/10BRENEMAN, SEAN470.88 11/26/10BRUSOE, CRISTINA79.10 11/26/10BUCKLEY, BRITTANY230.65 11/26/10BUTLER, ANGELA59.50 11/26/10CAMPBELL, JESSICA1,320.74 11/26/10CLARK, PAMELA56.25 11/26/10COLEMAN, DAYSHIA40.69 11/26/10DEMPSEY, BETH196.00 11/26/10DUNN, RYAN916.12 11/26/10ERICKSON-CLARK, CAROL49.00 11/26/10FONTAINE, KIM354.50 11/26/10GRAY, MEGAN37.40 11/26/10GRUENHAGEN, LINDA176.05 11/26/10HAGSTROM, EMILY60.30 11/26/10HANSEN, HANNAH228.47 11/26/10HEINRICH, SHEILA431.00 11/26/10HOLMBERG, LADONNA563.50 11/26/10HORWATH, RONALD2,589.01 11/26/10JOHNSON, BARBARA247.50 11/26/10KOHLER, ROCHELLE17.00 11/26/10KRONHOLM, KATHRYN647.25 11/26/10LAMSON, KEVIN29.40 11/26/10MATHEWS, LEAH117.90 11/26/10MCCARTHY, ERICA26.25 11/26/10MCCORMACK, MELISSA36.75 11/26/10METCALF, JOLENE15.63 11/26/10NADEAU, KELLY192.01 11/26/10PEHOSKI, JOEL137.50 11/26/10PROESCH, ANDY753.59 11/26/10RENFORD, NICHOLAS72.50 11/26/10RICHTER, DANIEL54.00 11/26/10RICHTER, NANCY42.00 11/26/10RONNING, ISAIAH119.44 11/26/10RONNING, ZACCEUS87.60 11/26/10SCHREIER, ROSEMARIE166.50 11/26/10SCHREINER, MICHELLE331.60 11/26/10SCHUNEMAN, GREGORY101.33 11/26/10SJERVEN, BRENDA195.50 11/26/10SMITH, ANN59.10 11/26/10SMITLEY, SHARON251.50 11/26/10TAYLOR, JASON160.00 11/26/10THORWICK, MEGAN62.48 11/26/10TREPANIER, TODD546.00 11/26/10TUPY, ELIANA68.00 11/26/10TUPY, HEIDE88.80 11/26/10TUPY, MARCUS276.60 11/26/10WARNER, CAROLYN290.40 11/26/10WEDES, CARYL98.00 11/26/10WEEVER, NAOMI68.88 11/26/10WOLFGRAM, TERESA90.00 11/26/10WOODMAN, ALICE23.00 11/26/10BOSLEY, CAROL364.80 11/26/10DANIEL, BREANNA171.50 11/26/10GIERNET, ASHLEY76.50 11/26/10HITE, ANDREA171.00 11/26/10LANGER, CHELSEA153.00 11/26/10LANGER, KAYLYN132.75 11/26/10SAVAGE, KAREN90.00 11/26/10ZAGER, LINNEA354.63 11/26/10BEHAN, JAMES2,385.53 11/26/10COLEMAN, PATRICK135.00 11/26/10DOUGLASS, TOM1,371.80 11/26/10FULFORD, ZAHKIYA268.25 11/26/10JOHNSON, JUSTIN105.00 11/26/10LONETTI, JAMES480.00 11/26/10MALONEY, SHAUNA195.00 11/26/10PRINS, KELLY1,255.62 11/26/10REILLY, MICHAEL1,915.75 11/26/10THOMPSON, BENJAMIN319.56 11/26/10VALERIO, TARA300.00 11/26/10VANG, PETER219.31 11/26/10FINWALL, SHANN3,138.95 11/26/10AICHELE, CRAIG1,859.03 11/26/10PRIEM, STEVEN2,390.15 11/26/10WOEHRLE, MATTHEW2,495.67 11/26/10BERGO, CHAD2,651.63 11/26/10FOWLDS, MYCHAL3,469.86 11/26/10FRANZEN, NICHOLAS2,413.50 11/26/10FRY, PATRICIA1,904.80 100965011/26/10CONNOLLY, COURTNEY195.00 100965111/26/10FEIST, ASHLEY78.00 11/26/10GEBHARD, MADELINE660.00 1009652 100965311/26/10GRAVES, CONNIE161.50 11/26/10JUGOVICH, CARALYNN104.00 1009654 100965511/26/10KRENZ, CASSANDRA104.00 11/26/10MIELZAREK, MAGGIE208.00 1009656 100965711/26/10MULLEN, REBECCA104.00 11/26/10PETERSON, HAYLIE110.50 1009658 100965911/26/10RITCHIE, KALLY110.50 11/26/10ROKKE, MARINA104.00 1009660 100966111/26/10ST. MARTIN, MICHELLE104.00 11/26/10VUKICH, CANDACE103.31 1009662 100966311/26/10HER, CHONG63.00 11/26/10ANDERSON, ALYSSA15.50 1009664 100966511/26/10CRANDALL, KRISTA163.56 11/26/10FLUEGEL, LARISSA75.56 1009666 100966711/26/10GIPPLE, TRISHA115.76 11/26/10JOYER, ANTHONY74.00 1009668 100966911/26/10MCLAURIN, CHRISTOPHER382.70 11/26/10MCMAHON, MICHAEL84.53 1009670 100967111/26/10MORIS, RACHEL37.50 11/26/10NORTHOUSE, KATHERINE58.13 1009672 100967311/26/10ROSTRON, ROBERT432.70 11/26/10SCHMIDT, EMILY93.63 1009674 100967511/26/10ELLIS, DANIEL125.00 11/26/10HER, MARINA187.50 1009676 100967711/26/10PENN, CAYLA36.00 11/26/10TVEDT, KELLY54.00 1009678 100967911/26/10BARTHOL, CASSIE159.50 11/26/10SCHULZE, KEVIN480.00 1009680 100968111/26/10STEFFEN, MICHAEL87.00 11/26/10XIONG, NAO217.50 1009682 505,601.75 Agenda Item G2 AGENDA REPORT TO: FROM: DATE: RE: Introduction RESOLUTION Recommendation Agenda ItemG3 AGENDA REPORT TO: James Antonen,City Manager FROM: Steve Lukin, Fire Chief SUBJECT: Resolution Accepting ADonation to the Fire Department from the Nadeau Family DATE: November 27, 2010 INTRODUCTION The fire department has received adonation from the Nadeau familyand city council approval is required before thisdonation can be accepted. BACKGROUND The Nadeau family met with me and other firefighters to present us with a check in the amount of $1,520 in memory of their parents Harry and Shirleyin appreciation for the medical care we provided to both of them. During the meeting with the family, it was decided to put this money towards the purchase of a new stair chair which will provide safety to our patients and firefighters as we move up and down stairs. RECOMMENDATION I recommend that the city councilapprove to accept this$1,520 donationin memory of the Nadeaus and that the necessary budget adjustments be made to the 2010 EMS fund 606-403- 4160 to reflect this donation. Agenda ItemG3 RESOLUTION AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHOIRIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, The Nadeau Family wishes to grant the city of Maplewood a check in the amount of $1,520, and; WHEREAS, The Nadeau Family has instructed that the City will be required to use the aforementioned for: use by the fire department to directly improve their service to the community, and; WHEREAS, the city of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a four-fifths majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by four-fifths or more majority vote of its membership on ________________________________, 20______. Signed: Signed: Witnessed: ________________________ _________________________ __________________________ (Signature) (Signature) (Signature) Mayor ____Chief of Fire City Clerk_________________ (Title) (Title) (Title) ________________________ _________________________ __________________________ (Date) (Date) (Date) AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Park Director Bill Priefer, Public Works Operations Analyst/Recycling Coordinator SUBJECT: Fall 2010 Clean-up Event Summary DATE: November 22, 2010 INTRODUCTION The Fall Clean-up Event was held on October 16, 2010 at Aldrich Arena. The following summarizes the event. BACKGROUND Attendance for the Fall 2010 Clean-up Event was up 101% compared to the Fall 2009 Clean-up Event. Three hundred and forty-one residents disposed of an assortment of trash, tires, appliances, TV’s and other e-waste, while one hundred and sixty-nine residents participated in the Fall 2009 Clean-up Event. The amount of e-waste collected was up 86% from 8,568 pounds in Fall of 2009 to 15,946 pounds this fall. This was still considerably less e-waste than the 36,681 pounds that were collected during the spring 2008 clean-up event when there was no fee charged for the disposal of e-waste. The increase in participation may be related to the change in venues from Gethsemane Lutheran Church to Aldrich Arena which also afforded our residents an opportunity to dispose of household hazardous waste at Ramsey County’s adjacent site. The bicycle shop, Re-Cycle, collected 76 bicycles which is approximately 2,000 pounds of metal, rubber and plastic. About 25 of the bicycles will be returned to the road. Many of the others will see new life as parts for other bicycles. This will reduce Minnesota’s carbon footprint by more than 9,200 pounds of carbon dioxide by reducing the need to manufacture new bicycles. According to our trash contractor, Veolia Environmental Services, 14.73 tons of trash and 9.32 tons of demo/construction debris were collected. They also collected 119 appliances, and two hundred and forty- two tires, with 44 dropped off on the day of the event, and 198 retrieved from city right-of-way by our street maintenance crew since last spring’s cleanup event. Ninety-four pounds of food and $55 were collected for the Second Harvest Heartland food shelf as part of the Clean-up Event. This compares to two hundred and sixty-four pounds of food and $40 collected during the fall 2009 event. Eleven thousand pounds of reusable furniture and household goods (or approximately 110 pieces of furniture) were collected by BRIDGING for redistribution to families in need. Jim Elfering from BRIDGING said that Maplewood’s clean-up event was once again, one of the most successful city sponsored event this year in terms of the quantity and quality of contributions. This compares with six thousand, seven hundred and fifty pounds of reusable furniture (or approximately 75 pieces of furniture) that was collected at the Spring 2010 event which was the first time that Bridging partnered with the city. We were also successful in keeping 61 mattresses out of the waste stream with the effort of our newest partner, Project for Pride in Living. This represents 3,399 pounds of mattresses that would have gone to landfills. Project for Pride in Living is able to reuse or recycle virtually all components of mattresses, box springs, sleeper sofas, futons and water beds that are not reusable. A special thank you goes to the Maplewood Police Reserves who once again provided excellent traffic control which minimized the long lines and reduced the idling and wait times. Thanks also goes out to Mayor Rossbach and Carol Mason Sherrill from the Environmental and Natural Resources Commission for their educational efforts and literature distribution. RECOMMENDATION No action is required on this item. MEMORANDUM SUBJECT: Conditional Use Permit Review, Liberty Classical Academy and First Evangelical Free Church INTRODUCTION BACKGROUND DISCUSSION RECOMMENDATION Hazelwood Neighborhood Preserves Hazelwood Park SITE Fire Station Harvest Park Location Map First Evangelical Free Church 2696 Hazelwood Street page #2 Hazelwood Park 7-8) Area Map *MVWX)ZERKIPMGEP*VII'LYVGL ,E^IP[SSH7XVIIX page #2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 10, 2006 Council Chambers, City Hall Meeting No. 06-18 A. CALL TO ORDER A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at 7:10 P.M. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present L. NEW BUSINESS 4. Conditional Use Permit Revision – Liberty Classical Academy (2696 Hazelwood Street) a. Planner Roberts presented the report, b. Rebecca Hagstrom, Director of Liberty Classical Academy, was present for council questions. c. Planning Commissioner Fisher provided the Planning Commission Report. Councilmember Rossbach moved to adopt the following resolution revising and extending the time for the conditional use permit for the planned unit development at 2696-2730 Hazelwood Street. The revision adds a school to the approved uses (the church and the day care). Maplewood bases this permit revision on the findings required by the code and subject to the following conditions (new words are underlined and deleted words are crossed out): CONDITIONAL USE PERMIT REVISION RESOLUTION 06-07-086 WHEREAS , First Evangelical Free Church and Liberty Classical Academy applied for a revision of the conditional use permit for a PUD to add a school as a land use to the building at 2696 Hazelwood Street that now has a church and day-care; WHEREAS , the PUD now includes the 75-unit, Hazel Ridge Seniors’ Residence, a church and a day care center; WHEREAS , this permit applies to 2696 and 2730 Hazelwood Street. The legal descriptions are: 1. PLAT 03031 SECTION 3 TOWN 29 RANGE 22. PART OF N 800 FT OF S 1310 FT OF W 578 FT OF SE ¼ DESC AS BEG ON EL THEREOF 458.6 FT N OF SE COR THEREOF TH N ON SD EL 341.4 FT TH N 88 DEG 55 MIN 02 SEC W 578 FT TH S 133 FT TH S 88 DEG 55 MIN 02 SEC E 33 FT TH S 70 DEG 45 MIN 30 SEC E 208.85 FT TH S 40 DEG E 97.65 FT TH S 69.67 FT TH S 88 DEG 55 MIN 02 SEC E 285 FT TO BEG (SUBJ TO HAZELWOOD AVE) IN SEC 3 TN 29 RN 22. (PID 03-29-22-43-0007) 07-10-06 City Council Meeting 1 2. PLAT 03031 SECTION 3 TOWN 29 RANGE 22. PART OF N 800 FT OF S 1310 FT OF W 578 FT OF SE ¼ DESC AS BEG ON EL THEREOF 458.6 FT N OF SE COR THEREOF TH S ON SD EL 458.6 FT TH N 88 DEG 55 MIN 02 SEC W 578 FT TH N 667 FT TH S 88 DEG 55 MIN 02 SEC E 33 FT TH S 70 DEG 45 MIN 30 SEC E 208.85 FT TH S 40 DEG E 97.65 FT TH S 69.67 FT TH S 88 DEG 55 MIN 02 SEC E 285 FT TO BEG (SUBJ TO HAZELWOOD AVE & ESMT) IN SEC 3 TN 29 RN 22. (PID 03-39-33-43-0008) WHEREAS , the history of this conditional use permit is as follows: 1. On June 19, 2006, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit. 2. On July 10, 2006, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans that the City stamped July 24, 1995, subject to the following conditions: a. All construction shall follow the site plan approved by the city and the school shall follow the building and floor plans submitted to the city. The Interim Director of Community Development may approve minor changes. The City Council may approve major changes. 07-10-06 City Council Meeting 2 b. Dropping the two parking spaces along the south property line at the east end of the parking lot. 2. The proposed school use on the property parking lot expansion construction must be started within one year after the council approves this revised permit or the permit shall end. The Council may extend this deadline for one year. 3. The council shall review this permit revision in one year. 4. The school shall have no more than 500 students. 5. The property owner or manager shall sweep and restripe the parking lot before the school occupies their space. This shall include having the required handicapped parking spaces in the parking area near the building entrance. 6. The school, the church, the fire marshal and the city building official shall agree on a plan for the school and the church to make any necessary or required life safety and building improvements to the building. This plan shall include the installation and maintenance of: a. The required fire protection (sprinkler) systems. b. An early warning fire protection system (smoke detection and monitoring). c. Additional emergency lights and exit signs (if necessary). d. Updated doors and hardware (if necessary). e. A proper address on the building. f. Any other changes the fire marshal or the building official deem necessary. Seconded by Mayor Longrie Ayes-All 07-10-06 City Council Meeting 3 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner Charles Ahl, Assistant City Manager SUBJECT: Conditional Use Permit Review, T-Mobile Tower – Harmony Learning Center LOCATION: 1961 County Road C East DATE: December 7, 2010 INTRODUCTION The conditional use permit (CUP) for the telecommunications monopole at 1961 County Road C East is due for review. The CUP is for operate a monopole on the site with a taller monopole and new ground equipment. (See the maps on pages 2 through 7 and the city council minutes starting on page 9.) BACKGROUND On December 14, 2009, the council approved the following for this site: 1.A conditional use permit (CUP) for a tower and related equipment at a school. Section 44-1321(b)(2)b of the city code requires a conditional use permit for communications towers located at a school 2.The tower design and site plan. DISCUSSION The applicant has finished construction of the monopole and all conditions of approval are being met. Staff recommends reviewing this permit again in one year to ensure the site continues to meet the conditions of approval and that the required planted vegetation remains healthy. If after one year all conditions continue to be met, staff would recommend an indefinite approval. RECOMMENDATION Review the conditional use permit for the telecommunications monopole at 1961 County Road C East again in one year. P:\SEC2S\1961 Co Rd C\Monopole CUP\TMobile_CUPReview_121310 Attachments: 1.Location Map 2.Zoning Map 3.Land Use Map 4.Site Plan, dated October 14, 2009 5.December 14, 2010City Council Minutes Attachment 1 T-Mobile — Request for Conditional Use Permit and CDRB Review 1961 Co Rd C Figure One — Location Map City of Maplewood April 8, 2009 NORTH Attachment 2 T-Mobile — Request for Conditional Use Permit and CDRB Review 1961 Co Rd C Figure Two — Zoning Map City of Maplewood April 8, 2009 NORTH Attachment 3 T-Mobile — Request for Conditional Use Permit and CDRB Review 1961 Co Rd C Figure Three — Land Use Map City of Maplewood April 8, 2009 NORTH Attachment 5 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, December 14, 2009 Council Chambers, City Hall Meeting No. 24-09 L.NEW BUSINESS 1. T-Mobile Tower – Conditional Use Permit And Design Review, 1961 County Road C (This item was heard out of order before L1. due to the request of Mayor Longrie) Councilmember Rossbach recused himself from the discussion due to a potential conflict of interest. a.Planner, Michael Martin gave the report and answered questions of the council. b.CDRB Boardmember, Mike Mireau, 1884 Ferndale Street, Maplewood gave the report from the CDRB. c. Attorney, Julie Perrus, Larkin, Hoffman, Daly & Lindgren, addressed and answered questions of the council. d.RF Engineer with T-Mobile, Thierry Colson addressed and answered questions of the council. e.PatConlin, FMHC Corporation addressed answered questions of the council. f.Linda Olson, 2005 County Road C East, Maplewood addressed and answered questions of the council. Mayor Longrie opened the discussion to the public. The following person was heard. 1.Mark Jenkins, 830 New Century Boulevard South, Maplewood addressed the council. Councilmember Nephew moved toapprove the Conditional Use Permit and Design (With the exception that the Review for T-Mobile Tower at 1961 County Road C. fencing be an 8 foot non-chainlink fence and a couple different alternative fencing materials should be provided and brought to the CDRB for review. The material should be something that weathers better than cedar fencing.Also that if any landscaping or plantings that die they be replaced pursuant city policy and standards. CONDITIONAL USE PERMIT REVISION RESOLUTION09-12-303 WHEREAS, Amy Dresch, of FMHC Corporation and representing T-Mobile, applied for a conditional use permit to install a 75-foot-tall telecommunications tower and related equipment. WHEREAS, this permit applies to 1961 County Road C East. The legal description is: That part of the Southwest ¼ of Section 2, Township 29, Range 22, Ramsey County. More particularly described as: Beginning at the intersectionof White Bear Avenue and the South link of Said Southwest 1/4; thence northerly on said center line 420.55 feet; thence east parallel with Attachment 5 said South line 311 feet; thence northerly parallel with said center line 140 feet; thence north 107.07 feet, thenceeast 391.55 feet to a point 658.95 feet north of said South line; thence to said South line at a point 200 feet west of said ¼ corner; then West to the point of beginning. WHEREAS, the history of this conditional use permit is as follows: 1.On May 19,2009, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission tabled their review and directed the applicant to consider alternative locations for the proposed telecommunications tower. 2. On November 17, 2009,the planning commission continued their review of the proposed conditional use permit for a telecommunications tower and recommended that the city council approve this request. 3.On December 14, 2009, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approvedthe above-described conditional use permit revision, because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use wouldnot create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Attachment 5 Approval is subject to the following conditions: 1.All construction shall follow the site plan approved by the city. Community development staff may approve minor changes. 2.The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3.The city council shall review this permit in one year. 4.This conditional use permit is conditioned upon T-Mobile allowing the collocation of other provider’s telecommunications equipment on the proposed tower. T-Mobile shall submit a letter to staff allowing collocationbefore a building permit can be issued. 5.If any required landscaping dies plantings must be replaced per city policy and standards. The Maplewood City Council approvedthis resolution on December 14,2009. Mayor Longrie added a friendly amendment that the provision that any landscaping or plantings that die that they be replaced pursuant city policy and standards. Seconded by Mayor Longrie. Ayes – Mayor Longrie, Councilmember Nephew Nay – Councilmember Juenemann Councilmember Nephew accepted the friendly amendment. Councilmember Rossbach had recused himself from the agenda item. Councilmember Hjelle left the meeting at 9:10 p.m. and was not present to vote on this. The motion passed. MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner Chuck Ahl, Assistant City Manager SUBJECT:Commercial Use Antennas and Towers Ordinance Amendment VOTE REQUIRED: Simple Majority Required for Approval of a Code Amendment DATE: December 6, 2010 INTRODUCTION On January 19, 2010, while preparing their 2009 Annual Report for the city council, the planning commission set a goal to review the city’s Commercial Use Antennas and Towers Ordinance regarding the cell-phone tower regulations. BACKGROUND On September 21 and October 19, 2010, the planning commission reviewed the ordinance and suggested revisions. On November 22, 2010, the city council moved first reading to approve this proposed ordinance revision. DISCUSSION The planning commission reviewed the tower ordinance in its entirety and found it to be thorough and complete. They did, however, make the following suggested revisions: 1. Section 44-1330. Change the word “may” to “shall” to require the removal of towers or antennas that are no longer in use. 2. Section 44-1327. Add the word “to” to the sentence, “Such a tower shall be subject to, but not limited to, the following conditions. . .” RECOMMENDATION Adopt the changes to the Commercial Use Antennas and Towers Ordinance as recommended by the planning commission. p:Ord\Cell Phone Towers\Tower Ordinance Amendment CC second reading 12 10 te Attachment 1. Commercial Use Antennas and Tower Ordinance Amendment Attachment 1 ORDINANCE NO. ______ AN ORDINANCE AMENDING THE COMMERCIAL USE ANTENNAS AND TOWERS REQUIREMENTS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1 . Additions are underlined and deletions are crossed out: Section 44-1327. Communication towers proposed in residential districts. No person shall build or install a tower in a residential zoning district without obtaining a conditional use permit from the city council. Such a tower shall be subject to, but not limited to, the following conditions: Section 44-1330. Removal of abandoned or damaged towers. Any tower and/or antenna that is not used for one year shall be deemed abandoned and shall may be required to be removed in the same manner and pursuant to the same procedures as for dangerous or unsafe structures established by Minn. Stats. §§ 463.15—463.26. Section 2. This ordinance shall take effect after publishing in the official newspaper. The Maplewood City Council approved this ordinance amendment on ___________. __________________ Attest: Mayor __________________ City Clerk MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner Charles Ahl, Assistant City Manager SUBJECT:Design ApprovalThe Woodlands of Maplewood - LOCATION: Sophia Street, east of McMenemy Street DATE: December 7, 2010 INTRODUCTION Project Description Rich Kettler of Kettler Construction is seeking design approval to complete the 28-unittownhouse developmentcalled the Woodlandsof Maplewood.This project will have 14 detached townhomes and seventwinhomes. This development is on an8.2-acre site on the east side of McMenemy Street, northof KingstonAvenueand south of the Saint Paul Hmong Alliance Church. Refer to the attachedmaps.A homeowners’ association would own and maintain the common areas. This project received its original approvals in 2005 and 2007 when Integra Homes was the developer. However, the economy stalled this development and Integra Homes is no longer involved with the project. The design plans approved in 2007 had a two year time limitwhich has expired requiring Mr. Kettler to seek design approval. The project plans show that each building would have horizontal-lap vinyl siding, aluminum soffits and fascia, asphaltshingles and thin-cut stoneveneers on the fronts. In addition, each unit would have a two-car garage. (See the building elevations attached to this reportandwithinthe enclosed plans.) Request To proceed withthis project, Mr. Kettleris requesting that the city approvethe design plans for the 28-unit town house development called the Woodlands of Maplewood.Technically, all of the design plans for this project are not approved because of the expiration of the two-year window with the original approval. However, Mr. Kettler is only proposing changes to the buildingelevations and landscape plan. Mr. Kettler is seeking approval of the original site plan, grading and drainage plans with no changes. In fact, the streets and utilities are already in place for this development. Staff is largely recommending the same conditions of approval as previously approved in 2005 and 2007. Planning and engineering staff have been working closely with Mr. Kettler for several months on assessing the as-built condition of the development and to ensure all previous conditions of approval are being met. BACKGROUND On July 26, 2005, the community design review board (CDRB) recommended approval of the project design plans. This recommendation was subject to the applicant bringing revised building elevations back to the CDRB for final approval. 1 On September 12, 2005, the city council made several approvals for this development. These included a land use plan change, a zoning map change, a street right-of-way vacation, a conditional use permit for a planned unit development, a preliminary plat and design approval (except the building elevations). On May 22, 2007, the CDRB approved building elevations for Woodlands of Maplewood. DISCUSSION Design Review Mr. Kettlerhas submitted new building plans for the single-familyunits andfor the twinhome units that hewants to build on this site. The elevations are attached to this report and in the enclosures. Mr. Kettler is proposing four different floor plans with many units having side-loading garages. Mr. Kettler believes the four different floor plans, which can be interchanged even within the twinhomes, will help provide a varied look within the development. Mr. Kettler is also proposing four different siding colors to be used within the development again to help keep the look ofthe neighborhood diverse. Building Design and Exterior Materials – Single-Family Units The proposed buildings should be attractive and should fit in with the design of the existing homes in the area. They would have an exterior of horizontal vinyl siding (Clayton Clay, Pebble, Wicker and Almond or Sandstoneincolor) with a thin-cut stone veneer on the fronts and the roofs would have “weathered-wood” colored asphalt shingles. In addition, there would be a mix of slab-on-grade and walk-outunits with each unit having anattached two-car garage.Staff does not have any major concerns about the proposed building elevationssince this development will beon cul-de- sacs and would be somewhat isolated. In fact, only the buyers of the townhouses would be ableto see the fronts of most of the new buildings. The builder is proposing a mix of three front elevations for these units. Having this mix of front elevations will provide more variety within the development.In addition, the side-loadedgarageswill helpcreate a variety of looks for the units from the streets. Building Design and Exterior Materials – Twinhomes The proposed twinhome buildings would have a style and a mix of materials that are very similar to the proposed single dwellings. As such, they also should be attractive and should fit in with the design of the existing and proposed homes in the area. They also would have an exterior of horizontal vinyl siding (Clayton Clay, Pebble, Wicker and Almond or Sandstone in color) with a thin- cut stone veneer on the fronts and the roofs would have “weathered-wood” colored asphalt shingles. In addition, there would be a mix of slab-on-grade and walk-out units with each unit having an attached two-car garage. Staff does not have any major concerns about the proposed building elevations since this development will be on cul-de-sacs and would be somewhat isolated. In fact, only the buyers of the townhouses would be able to see the fronts of most of the new buildings. As with the single dwelling units, the builder is proposing a mix of three front elevations for these units. Having this mix of front elevations will provide more variety within the development.In addition, the side-loaded garages will help create a variety of looks for the units from the streets. 2 Landscape Plan Mr. Kettler has submitted landscape plans for both the detached and twinhome units. Staff is comfortable with those plans but will be recommending approval with several landscaping conditions from the previousapproval. COMMITTEE ACTION Community Design Review Board On November 23, 2010 the community design review board recommended approval of the design plans for the Woodlands of Maplewood development. The CDRB did recommend some minor revisions to the front and back building elevations as well as additional landscaping between units and surrounding mechanical equipment. At the time of writing of this report, the CDRB minutes from November 23, 2010 were not available, but the Board’s recommendations are reflected in the section below. RECOMMENDATION Approve new building elevations andlandscape plans date-stamped November 9, 2010 and approve the previous September 12, 2005 site planand gradingand drainage plansfor the Woodlands of Maplewood townhouses on the east side of McMenemy Street, north of Kingston Avenue. The city bases this approval on the findings required by the code. The developer or contractor shall do the following: 1.Repeat this review in two years if the city has not issued a building permit for this project. 2.Complete the following before the city issues a building permit: a. Comply or continue compliance with all engineering requirements as outlined in 2A of the May 22, 2007 community design review board’s minutes. b.Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. c.Submit revised building elevations and a landscape plan to staff for approval that incorporates the following details: (1) All lawn areas shall be sodded. Thecity engineer shall determine the vegetation within the ponding area. (2) The addition of eight-foot-tall trees (Black Hills spruce or Austrian pines)and/or fencing for screening along the westand south sides of the site. (3) The developer shall install landscaping in the ponding areas to break the appearance of the deep hole and to promote infiltration. Such landscaping shall be approved by the city engineer and shall be shown on the project landscape plans. (4) Showing in-ground irrigation,including the location of the sprinkler heads, for all 3 landscape areas (code requirement). (5) The plantings proposed around the front of the units shown on the landscape plan date-stamped November 9, 2010, shall remain on the plan. (6)A concrete walk from the driveway to the door of each unit. (7)The manicured or mowed areas from the natural areas. This shall include planting (instead of sodding) the disturbed areas around the ponding area with native grasses and native flowering plants. The native grasses and flowering plants shall be those needing little or no maintenance and shall extend at least four feet from the ordinary high water mark (OHWM) of the pond. This is to reduce maintenance costs and to reduce the temptation of mowers to encroach into the gardens. Specifically, the developer shall have the natural areas seeded with an upland mixture and lowland mixtures as appropriate. (8)In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged planting beds and the area within the ponding area). (9)The contractor shall restore the McMenemy Street and Kingston Avenue boulevards with sod. (10)Shall be approved by the city engineer before site grading and shall be consistent with the approved grading and landscape plans. (11)Shows in detail the landscape or ground treatment for the areas between the driveways of the double dwellings. (12)Per staff approval, the landscaping plan shall be revised to show adequate screening between units and of the mechanical equipment associated with each unit. (13)Building elevations shall be revised to show shared ridge vents as allowed by building code. (14)The front building elevations shall be revised to show the thin cut stone used on the garages be limited in heightto the level of the wainscoting location also on the front elevations. (15)All twin homes shall be of the same color. (16)The developer shall use no more than three home colors throughout the development and all units must share the same shingle color. d.Showthat Ramsey County has recorded the final plat for this development. e.Get the necessary approvals and permits from the watershed districts. f. Submit a site lighting plan for city approval. This plan shall show the existenceof the sevenstreet lights andhow the lighting on the buildings would add to the site lighting. 4 This plan also shall show details about the proposed light fixtures to ensure they are a design that hides the bulb and lens from view to avoid nuisances. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and from adjacent residential properties. g. Have the Saint Paul Regional Water Servicesapprove the proposed utility plans. h.The developer or builder will pay the city ParkAvailabilityCharges (PAC fees) at the time of the building permit for each housing unit. i.Submit the homeowners’ association bylaws and rules to the city for approval by the city staff. These are to assure that there will be one responsible party forthe care and maintenance of the common areas, outlots, the private utilities, trails, sidewalks, signs, . landscaping and retaining walls j.Provide the city with a letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3.Complete the following before occupying each building: a.Replace property irons that are removed because of this construction. b.Restore and sod damaged boulevards and sod all turf areas. c.Complete all landscaping and turf irrigation for that building and its rainwater garden(s). d.Install the required concrete curb and gutter. e.Install a reflectorized stop sign at the exits onto McMenemy Street and addresses on each building for each unit. In addition, the applicant shall install “no parking” signs within the site, as required by staff. f.Install and maintain all required trees and landscaping (including the plantings around each unit and around the pond) and an in-ground sprinkler system for all landscaped areas (code requirement). g.Install on-site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and the nearby homes and residential properties. h.Install a six-foot-high solid screening fence or additional eight-foot-high trees along the westand south property lines of the site where the vegetation doesnot adequately screen the townhouses from the existing dwellings. These additional materials are to ensure there is at least a six-foot-tall, 80 percent opaque screen on these sides of the site.The location, design and materials of the fence or the additional landscaping shall be subject to city staff approval. i.The developer or contractor shall: 5 (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. (3)Remove any debris or junk from the site. 4.If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to the public health, safety or welfare. b.The above-required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 of the next year if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. 5.All work shall follow the approved plans. The director of community development may approve minor changes. 6. Provide a sign and landscape plan for the entrance and island at McMenemyStreetfor city staff approval. The monument sign shall be no more than six feet tall and shall have materials that are consistent with and architecturally compatible with the buildings within the development.The landscaping shall be compatible with the extreme conditions of the location and the materials shall need little or no maintenance. 6 REFERENCE INFORMATION SITE DESCRIPTION Site size:8.2acres SURROUNDING LAND USES North:A single dwelling and the Saint Paul Hmong Alliance Church South:Houses on Kingston Avenue West:Houses on McMenemy Street East: Houses on Desoto Street PLANNING Existing Zoning: PUD (Planned Unit Development) Existing Land Use: Low DensityResidential and Medium Density Residential Ordinance Requirements Section 2-290(b) of the city code requires that the community design review board make the following findings to approve plans: 1.That the design and location of the proposed developmentand its relationship to neighboring, existing or proposed developments, and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2.That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental tothe harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Application Date The city received the complete application design plansonNovember 12, 2010. The initial 60-day review deadline is January 11, 2011.As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessaryto complete the review of the application. p:sec 17\The Woodlands\Woodlands_DesignReview_CC_121410 Attachments: 1.Location Map 2.Preliminary Platdated August 29, 2005 3.Grading and Drainage Plan dated August 29, 2005 4.Applicant’s Narrative 5.Unit Landscape Plan, dated November 9, 2010 6.Building elevations 7.May 22, 2007 CDRB meeting minutes 7 EdgertonPark RoselawnPark Site Location Map The Woodlands of Maplewood MINUTES OF THE JOINT MEETING BETWEEN THE COMMUNITY DESIGN REVIEW BOARD AND THE ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 22, 2007 VII.DESIGN REVIEW a.Woodlands Townhouses – Sophia Avenue, east of McMenemy Ms. Finwall said Ms. Lisa Lillestrand, representing Integra Homes, is asking the city to approve the building elevations for a 28-unit town house development called the Woodlands. This project will have 14 detached townhomes and seven twinhomes. This development is on an 8.2-acre site on the east side of McMenemy Street, north of Kingston Avenue and south of the Saint Paul Hmong Alliance Church. A homeowners’ association would own and maintain the common areas. The project plans show that each building would have horizontal-lap vinyl siding, shake siding for accent areas, aluminum soffits and fascia and stone veneer on the fronts. In addition, each unit would have a two-car garage. To proceed with this project, Ms. Lillestrand is requesting that the city approve the building elevations for the single dwellings and for the twin homes. The proposed buildings should be attractive and should fit in with the design of the existing homes in the area. They would have an exterior of horizontal vinyl siding (earth tone, green or grey in color) with a stone veneer on the fronts and the roofs would have asphalt shingles. In addition there would be a mix of 1½-story and walk-out units and each unit would have white soffits and accent boards and an attached two-car garage. Staff doesn’t have any major concerns about the proposed building elevations since this development will be on cul-de-sacs and would be somewhat isolated. In fact, only the buyers of the town houses would be able to see the fronts of most of the new buildings. The builder is proposing a mix of three front elevations for these units. Having this mix of front elevations will provide more variety within the development. However, as staff noted earlier, none of the proposed plans have side-loaded garages. If some of the units would have side-loaded garages that would help create a variety of looks for the units from the streets. The proposed twinhome buildings would have a style and a mix of materials that are very similar to the proposed single dwellings. As such, they also should be attractive and should fit in with the design of the existing and proposed homes in the area. They also would have an exterior of horizontal vinyl siding (earth tone, green or grey in color) with a stone veneer on the fronts and the roofs would have asphalt shingles. In addition, there would be a mix of 1½ -story and walkout units and each unit would have white soffits and accent boards and an attached two-car garage. Staff does not have any major concerns about the proposed building elevations since this development will be on cul-de-sacs and would be somewhat isolated. In fact, only the buyers of the town houses would be able to see the fronts of most of the new buildings. The community design review board noted in 2001 concerns about “snout- designed” homes. These dwellings have garages as the dominating street-side feature. The proposed townhomes have this design. The community design review board may want to have the developer change the proposed designs or add features to the buildings to lessen the impact of the garages. This could include additional landscaping in front of the dwelling parts of the buildings, adding covered front porches, using side-loaded garages, enhancing the design of the garage doors oradding decorative light fixtures next to the garages and entrance doors. Board member Ledvina asked if the number of units had changed since the last review of this proposal in 2005? Ms. Finwall said no. Chairperson Olson asked if the footprint of the buildings changed to accommodate the side loaded garages? Ms. Finwall said she was not the staff person that wrote this report but it didn’t appear the buildings were shifted, but the applicant can answer that question. Chairperson Olson asked the applicant to address the board. Ms. Lisa Lillestrand, Integra Homes, 12721 Overlook Road, Dayton, addressed the board. The footprint of the site has not changed. They redrew the plans to fit the existing footprint that was approved in 2005. She said only a fewof the lots have side loaded garages. Ms. Finwall said the preliminary plat shows 11 of the 28 units have side loaded garage units. Chairperson Olson asked the applicant if she brought any building samples to show the board? Ms. Lillestrand brought thebuilding material samples to the board to review. Board member Ledvina asked if the applicant would choose which buildings would be a certain color or would you allow the people buying these units to choose the color? Ms. Lillestrand said she will give the potential buyers the option. She will do the architectural review of each building but she doesn’t want to see a gray unit next to a gray unit. The buyers can be creative when deciding which shakes and shutters they want but the color palette has to work out too. If she made all the decisions, the buyers could go elsewhere and they could lose the sale, so she wants to give them some options. For instance if someone chooses a gray house she would like to see them use the burgundy or the slate blue shutters and shakes to match. It’s to her best interest to make the development look nice or the units won’t sell. She knows from the last time she came before the board in 2005 that the board said the City of Maplewood would like to see a little more variety incolor used in developments. Board member Ledvina asked why there weren’t any building plans showing the side loaded garage units? Ms. Lillestrand said the reason was because blue prints cost so much money and they plan to begin building the units from the street and into the development. The side loaded garage units cost the most to build and they didn’t have the funds to get blue prints. The last time the board reviewed the plans in 2005 those plans were from another project they were building at that time and those plans were available. Chairperson Olson said units 21 and 22 are side loaded garage units. Board member Ledvina said units 6, 7, and 8 are also side loaded garage units. Ms. Lillestrand said the side loaded garage units are towards the pond those have to remain that way. Board member Shankar said on page 18 and 19 of the staff report it shows the right and left side elevations of the single family units. He thinks those side elevations could use some embellishing and the window heights don’t line up. Ms. Lillestrand said she would ask the board to review the interior plan because sometimes the interior plan dictates where the windows can be set in order to meet the building code. Board member Shankar said he was referring to the tops of the windows not lining up and he wondered if the larger windows could be at the same height as the two smaller box windows. There are too many different sized windows on the side elevations and he thinks it looks strange that the windows don’t line up along the top. Ms. Lillestrand said on the single family units with the right side elevation on page 18, it shows the windows closest to the entrance which is a foyer window, then the two sets of windows in the middle are both bedroom windows and have to beso far off the ground to meet the building code. The windows closest to the deck are above the tub, and the window closest to the ground is a bedroom window and has to meet egress building code requirements. It will be difficult to make the windows all the same height. She said she could possibly change some window sizes or add window shutters to the middle windows. Board member Shankar asked if the top of the windows could at least line up? Ms. Lillestrand said it’s possible, but at the price point theyare at in Maplewood it might be difficult to do. If they have to do that they would have to do that for all the units and may have to buy taller windows which could price them out of the current market. Board member Shankar asked if there was an alternate way to dress up the windows? Ms. Lillestrand offered to add shutters on the side elevations. Chairperson Olson said she likes that idea. That may be enough to dress the right side of the single family elevation up more. On the left side elevation, she asked what you would do? Ms. Lillestrand said on the left side elevation of the single-family home she would add shutters to the big window in the center and the right hand side elevation she would add shutters to the middle bedroom windows. Board memberShankar said he thought that would be an improvement to that side of the building. He asked if they would be opposed to extending the cultured stone around the side of the building elevations? Ms. Lillestrand said if they had to extend the cultured stonearound to the side elevations that the market would price them out of the market because of the additional expense. She said it is a tough market in this area of Maplewood. These units would be priced at $325,000 for the maximum and realtors have told Integra Homes these units should be priced around $280,000. The area is really nice and it’s in their best interest to make the units look their best. Integra Homes has been building homes since 1972 and most of Integra’s experience has come from upper bracket homes and they plan to bring their building experience into this price point. She said just didn’t think she could extend 120 square feet of cultured stone onto the side elevations because of the expense. Chairperson Olson said these units are fairly close in proximity and the windows in the units will look out at their neighbors. She realizes there are a limited number of things to do to the building exteriors but she said she believes shutters will make a world of difference on the side elevations. Ms. Lillestrand said she spent two days driving around and looking at other townhome projects in this price range and she saw townhome units dressed up with shakes, shutters and dowels at the roofline which add architectural elements to the units. Board member Shankar asked the applicant if they could have two colors of vinyl siding on the side of the building elevations? Ms. Lillestrand said if they did use two different colors of vinyl siding on the side elevations that would limit their market. She said you typically see two different colors of vinyl siding in rental housing or in commercial projects but not in units “for sale”. A majority of these units will be walk-out units and with a walk out unit you would have one color of siding at four feet in height and then about two feet of the second color of vinyl siding because of the elevation difference. Chairperson Olson asked where the utility meters would be placed? Ms. Lillestrand said the electrical box would be placed on the sides at the 3-foot setback and for the gas meter it would be at a 7-foot setback from the front and in a year or two the shrubbery would grow to cover the meters. Chairperson Olson asked if there would be roof vents and extrusions extending out the front? Ms. Lillestrand said the vents would run out the back side of the house because we don’t want pipes extending out the front. Board member Demko said he noticed fireplace bumpouts shown on the left side elevation for the single family homes but he didn’t see that shown on the plans. Ms. Lillestrand said the fireplace bumpout will match the roofline of the house. That may change if the customer wants a double-sided fireplace that would be built between the great room and the master bedroom; then a fireplace bumpout wouldn’t be on the building exterior. Board member Shankar said the garage doors show a glass window along the top of the garage door and the three garage door panels underneath the windows show vertical lines on them, he asked what the vertical lines are? Ms. Lillestrand said the garage door is a craftsman-style garage door called a barn door. It’s an upgrade from the standard garage doorand is a shake style barn door, and is a maintenance free steel vinyl coated door and the color will probably be white to match the soffits and fascia as shown in the photos. Using white gives the front of the units more depth because the shakes and siding will be colored, and the garage door, fascia and soffits will be white. Board member Demko said on page 12 of the preliminary plat there is a circular area off of Edgemont Lane that looks like a cul-de-sac. He asked what that was on the plan because it looks like a round-a-bout or cul-de-sac? Board member Wise said he was at the site this past weekend and that is a turnaround. Chairperson Olson asked if it was solid asphalt and if it had a catch basin in it? Board member Wise said it does not have a catch basin in it. Ms. Lillestrand said Integra homes has one just like this at their White Bear Lake location and if they aren’t laid out just right, large utility trucks, garbage trucks, and the city snow plow doesn’t have enough room to turn around, so it’s better not to have a catch basin in the center. Board member Ledvina said when he went out to the site he thought the improvements turned out wonderful. He said he really liked the boulder walls, the plantings and the landscaping and he said he thought the applicant has done a wonderful job with this site. He said he had concerns in 2005 when the board originally looked atthis proposal. There have been tremendous improvements to this site and a great deal of grading was done on this site, which is unfortunate, but in order to build this and make it a nice development this had to be done. Ms. Lillestrand thanked the board.A lot of time has gone into this plan and we are anxious to get started on this project. She said they wish the market was a little bit better. Board member Ledvina said on page 6, in item j., he wondered if any changes needed to be made for that condition for the side loaded garages? Ms. Finwall said since the board didn’t see building elevations for the side loaded garage units those plans should be submitted to the city before the city issues the building permit. That would be up to the CDRB whether they want city staff to approve those or if the board wants to see those elevations. Ms. Lillestrand said because of the overages on the project that came in higher than they anticipatedIntegra Homes just doesn’t have the finances to be investing in blueprints for units they aren’t going to be building right now. The side loaded garage units are the most expensive units. Integra Homes plans to build the units from the street and into the site. Board member Ledvina moved to approve the building elevationsdate-stamped May 10, 2007, for the Woodlands of Maplewood town houses on the east side of McMenemy Street, north of Kingston Avenue. The city bases this approval on the findings required by the code. The developer or contractor shall do the following: (Changes or additions are in bold). 1.Repeat this review in two years if the city has not issued a building permit for this project. 2.Complete the following before the city issues a building permit: a.Have the city engineer approve final construction and engineering plans. These plans shall include: streets, grading, utility, drainage, erosion control, tree, sidewalk and driveway plans. The plans shall meet the following conditions and shall also meet all the conditions and changes noted in Erin Laberee’s memo dated September 2, 2005. (1)The erosion control plan shall be consistent with city code. (2)Submit to staff revised plans that show as many of the private driveways as possible at 28 feet wide to allow parking on one side. (3)The grading plan shall: (a)Include building, floor elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (b)Include contour information for the land that the construction will disturb. (c)Show sedimentation basins or ponds as may be required by the watershed board or by the city engineer. (d)Show all proposed slopes steeper than 3:1 on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1.This shall include covering these slopes with wood-fiber blankets and seeding them with a “no mow” vegetation rather than using sod or grass. (e)Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city. (f)Show the proposed street and driveway grades as allowed by the city engineer. (g)Show the drainage areas, and the developer’s engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the run-off from the surrounding areas. (h)Show details about the proposed pond fencing including the materials, gate, height and color. (4)The tree plan shall: (a)Be approved by the city engineer. (b)Include an inventory of all existing large trees on the site and shallshow where the developer will remove, transplant, save or replace large trees. (c)Show the size, species and location of the transplanted and replacement trees. The new coniferous trees shall be at least eight feet tall and shall be a mix of Black Hills spruce and Austrian pine. (d)Be consistent with the approved grading and landscape plans and shall show no tree removal beyond the approved grading and tree limits. (e)Show additional tree planting for screening along the south and west property lines of the site. (5)The street, driveway and utility plans shall show: (a)A water service to each lot and unit. (b)The repair and restoration of McMenemy Street and Kingston Avenue (including curbing, street, and boulevard) after the contractor removes the existing driveways, connects to the public utilities and builds the new streets, sidewalks, trails and driveways. (c)The street and the driveways with coniferous concrete curb and gutter except where the city engineer decides that it is not needed. (d)The developer contractor posting the streets and driveways with “no parking” signs to meet city standards. (e)The public streets and private driveways labeled on all plans. (f)The common area labeled as Outlot B on all plans. (g)Areas for proof of parking off the streets wherever possible. (6)The design of the ponding areas and any rainwater garden(s) shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off-site utility, grading or drainage easements and for recording all necessary easements. b.Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. c. Submit a revised landscape plan to staff for approval that incorporates the following details: (1)All lawn areas shall be sodded.The city engineer shall determine the vegetation within the ponding area. (2)The addition of eight-foot-tall trees and/or fencing for screening along the west and south sides of the site. (3)The developer shall install landscaping in the ponding areas to break the appearance of the deep hole and to promote infiltration. Such landscaping shall be approved by the city engineer and shall be shown on the project landscape plans. (4)Showing in-ground irrigation for all landscape areas (code requirement). (5)The plantings proposed around the front of the units shown on the landscape plan date-stamped February 1, 2005, shall remain on the plan. (6)A concrete walk from the driveway to the door of each unit. (7)The manicured or mowed areas from the natural areas. This shall include planting (instead of sodding) the disturbed areas around the ponding area with native grasses and native flowering plants. The native grasses and flowering plants shall be those needing little or no maintenance and shall extend at least four feet fromthe ordinary high water mark (OHWM) of the pond. This is to reduce maintenance costs and to reduce the temptation of mowers to encroach into the gardens. Specifically, the developer shall have the natural areas seeded with an upland mixture and lowland mixtures as appropriate. (8)In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged planting beds and the area within the ponding area). (9)The contractor shall restore the McMenemy Street and KingstonAvenue boulevards with sod. (10)The adding more evergreen trees (Black Hills spruce or Austrian pines) along the west and south property lines of the site. These trees are to be at least eight feet tall, and the contractor shall plant these trees in staggered rows to provide screening for the houses to the south and west. (11)Shows the in-ground lawn-irrigation system, including the location of the sprinkler heads. (12)Shall be approved by the city engineer before site grading and shall be consistent with the approved grading and landscaping plans. (13)Shows in detail the landscape or ground treatment for the areas between the driveways of the double dwellings. d.Show that Ramsey County has recorded the final plat for this development. e.Get the necessary approvals andpermits from the watershed districts. f.Submit a site lighting plan for city approval. This plan shall show the installation of at least seven street lights and how the lighting on the buildings would add to the site lighting. This plan also shall show details about the proposed light fixtures to ensure they are a design that hides the bulb and lens from view to avoid nuisances. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and from adjacent residential properties. g.Have the Saint Paul Regional Water Services (SPRWS) approve the proposed utility plans. h.The developer or builder will pay the city Park Availability Charges (PAC fees) at the time of the building permit for each housing unit. i.Submit the homeowners’ association bylaws and rules to the city for approval by the city staff. These are to assure that there will be one responsible party for the care and maintenance of the common areas, outlots, the private utilities, trails, sidewalks, signs, landscaping and retaining walls. j.The builder or contractor shall submit to city staff for final approval revised building plans and elevations. These shall show or include (but are not limited to) the colors of all materials, side loaded garages on some of the units, which are consistent with the 2005 elevations which showed cultured stone wainscot on the front of the side-loadedgarage. In addition, the applicant should submit revised side elevations for the single-family and twin homes which incorporate shutters on varying windows. The city must approve these revised plans before the city will issue a building permit. k. Provide the city with a letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3.Complete the following before occupying each building: a.Replace property irons that are removed because of this construction. b.Restore and sod damaged boulevards and sod all turf areas. c. Complete all landscaping and turf irrigation for that building and its rainwater garden(s). d.Install the required concrete curb and gutter. e.Install a reflectorized stop sign at the exits onto McMenemy Street and addresses on each building for each unit. In addition, the applicant shall install“no parking” signs within the site, as required by staff. f.Install and maintain all required trees and landscaping (including the plantings around each unit and around the pond) and an in- ground sprinkler system for all landscaped areas (code requirement). g.Install on-site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and the nearby homes and residential properties. h.Install a six-foot-high solid screening fencing or additional trees along the west and south property lines of the site where the vegetation does not adequately screen the town houses from the existing dwelling. These additional materials are to ensure there is at least a six-foot-tall, 80 percent opaque screen on these sides of the site. The location, design and materials of the fence or the additional landscaping shall be subject to city staff approval. i.The developer or contractor shall: (1)Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2)Place temporary orange safety fencing and signs at the grading limits. (3)Remove any debris or junk from the site. 4.If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to the public health, safety or welfare. b.The above-required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 of the next year if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. 5.All work shall follow the approved plans. Staff may approve minor changes. 6.Provide a sign and landscape plan for the entrance and island at McMenemy Street for city staffapproval. The monument sign shall be no more than six feet tall and shall have materials that are consistent with and architecturally compatible with the buildings within the development. The landscaping shall be compatible with the extreme conditions of the location and the materials shall need little or no maintenance. 7.Building elevations are not approved with this design review. All final building elevations must be approved by the community design review board. Ayes Chairperson Olson seconded. – Demko, Ledvina, Olson, Shankar, Wise The motion passed. Chairperson Olson thanked Ms. Lillestrand for bringing the building material samples. MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner Charles Ahl, Assistant City Manager SUBJECT: FinalPlat – The Woodlands of Maplewood SecondAddition LOCATION: Sophia Avenue, east of McMenemy Street DATE: December 7, 2010 INTRODUCTION Rich Kettler of Kettler Construction isrequesting that thecity council approve the final plat for the Woodlands of Maplewood Second Addition. This final plat will create seven additionallots for town housesaccessed by a private street east of McMenemy Street, north of Kingston Avenue and anew street (Sophia Avenue).The seven new lots will join the 21 lots that were created when the council approved the final plat for the Woodlands of Maplewood First Addition. BACKGROUND On September 12, 2005, the city council made several approvals for this development. These included a land use plan change, a zoning map change, a street right-of-way vacation, a conditional use permit for a planned unit development, a preliminary plat and design approval (except building elevations).(See the attached approved preliminary plat and council minutes.) DISCUSSION Rich Kettler is seeking to complete the final stages of this development. The project’s previous developercompleted the gradingof the site, the installationof the ponding areas and retaining walls, the installation of the utilities, the public and private streetsand much of the project landscaping.Staff has been working with Mr. Kettler for several months assessing the project’s current conditions to ensure the original council conditions of approvalare being met. The previous developer had submitted homeowner’s association documents for this development; however Mr. Kettler is developing a new set of homeowner’s association documents. The new homeowner’s association documents are nearly complete and will be required to be recorded at Ramsey County and approved by staff before the final plat can besigned.The developer has finished all the other conditions the council required for final plat approval. RECOMMENDATION Approve the final plat for The Woodlands of Maplewood SecondAddition date-stamped October 20, 2010.This approval is subject to the county recording the deeds, deed restrictions and homeowner’s association documents required by the city and the developer meeting all the conditions of the city engineer. P:\SEC17\The Woodlands\Woodlands2ndAddition_Final Plat_CC_121310 Attachments: 1.Location Map 2.ZoningMap 3.Approved Preliminary Plat 4.Approved First Addition Final Plat 5.Proposed Second Addition Final Plat, dated October 20, 2010 6. 9-12-05City Council Minutes 7.Proposed Second Addition Final Plat (Separate Attachment) EdgertonPark RoselawnPark Site Location Map The Woodlands of Maplewood PUD R1 M1 F Site R3 Zoning Map The Woodlands of Maplewood MINUTES MAPLEWOOD CITY COUNCIL A.CALL TO ORDER: B.PLEDGE OF ALLEGIANCE C.ROLL CALL J.UNFINISHED BUSINESS LAND USE PLAN CHANGE RESOLUTION05-09-137 Maplewood Review RESOLUTION: ZONING MAP CHANGE05-09-138 Maplewood Review STREET VACATION RESOLUTION 05-09-139 CONDITIONAL USE PERMIT RESOLUTION05-09-140 WHEREAS WHEREAS WHEREAS WHEREAS NOW, THEREFORE, BE IT RESOLVED (1) AGENDA REPORT TO: James Antonen, City Manager FROM: Steven Love, Assistant City Engineer SUBJECT: Approval of Resolution Ordering Transfer of Funds for Sanitary Sewer Main Televising, The Woodlands of Maplewood, Project 05-04 DATE: November 22, 2010 INTRODUCTION The city council will consider adopting a resolution ordering the transfer of funds for the televising of the sanitary sewer mains constructed as part of The Woodlands of Maplewood, Project 05-04. DISCUSSION The sanitary sewer main for this development was constructed as part of The Woodlands of Maplewood, Developer Project 05-04 in 2006. The original developer of the project defaulted on the project prior to the final completion and acceptance of the project. An engineering escrow was established as part of the 05-04 project at the time of application and has now been transferred to The Woodlands of Maplewood, Project 05-04 (Fund 807) to ensure the satisfactory completion of the project. These funds were established by the developer, however the developed failed to complete various items before defaulting. Therefore, the city, with the approval of the previous developer, has deposited the remaining escrow into an account so the city can fix deficiencies in order to bring the project up to a standard of acceptance. To ensure that the sanitary sewer main lines are currently clean and free of defects the city sanitary sewer department cleaned and televised the sanitary sewer mains constructed as part of the 05-04 project. BUDGET The total cost for televising, including equipment and man hours, equals $1,120.00. It is recommended that $1,120.00 in funds be transferred from the The Woodlands of Maplewood, Project 05-04 (Fund 807) into the Sanitary Sewer budget (601-508-000-4010) for the costs for televising and cleaning of the sanitary sewer mains. RECOMMENDATION It is recommended that the council approve the attached Resolution Ordering Transfer of Funds for Sanitary Sewer Main Televising. Attachments: 1. Resolution Ordering Transfer of Funds for Sanitary Sewer Main Televising RESOLUTION ORDERING TRANSFER OF FUNDS FOR SANITARY SEWER MAIN TELEVISING th WHEREAS, on this 13 day of December 2010, the adoption of the resolution ordering transfer of funds for sanitary sewer main televising, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. The finance director is hereby authorized to transfer $1,120.00 into the Sanitary Sewer budget (601-508-000-4010) from the The Woodlands of Maplewood, Project 05-04 (Fund 807), for the costs for televising and cleaning of the sanitary sewer mains. AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/Dep. Director of Public Works Scott Schultz, Fleet Superintendent SUBJECT: Approve Purchase of Jet/Vac Sewer Truck DATE: December 13, 2010 INTRODUCTION The 2011 capital outlay budget includes funding for the replacement of the Jet/Vac combination sewer truck. Council approval is needed to move forward with this purchase. BACKGROUND The current Jet/Vac machine has been increasingly unreliable for our operations and is not cost effective as repair costs are greatly increasing. Also, past breakdowns have required the city to rent similar equipment to complete regular maintenance tasks. The new Jet/Vac proposed for purchase would meet the needs of properly maintaining the city’s infrastructure. A Jet/Vac machine is a combination of a high pressure jetting truck and a vacuum truck. This unit is utilized throughout several departments in Public Works including; Fleet, Sanitary Sewer, Storm Sewer, Streets, and Building Maintenance. Its uses include cleaning and maintenance of sanitary sewers and lift stations; storm sewers and catch basins; all the sumps in city hall, the community center, parks and public works buildings, and fire stations. It is important to note that this piece of equipment is vital in meeting our MS4 NPDES Permit requirements through removal of sediments from a number of recently constructed sump structures. Due to past breakdowns of the existing Jet/Vac, this is the highest priority item in the fleet given its important function in the many departments listed above. The 2011 CIP only identifies this one item for purchase and other items of less importance were deferred to later years. BUDGET The 2011 capital improvement plan has $325,000.00 budgeted under CIP PW09.010 for the replacement of the unit described above. Staff is requesting that a purchase order be placed in 2010 to avoid 2011 price increases. Following are the costs for the replacements including sales tax and delivery: Tandem axle cab and chassis $111,567.02 Aquatech B10-1300 Jet/Vac unit $195,397.43 Total cost $306,964.45 This is $18,035.55 below the estimated expenditure identified in the Fleet Management fund. RECOMMENDATION It is recommended that the city council give approval to enter into contracts with the following vendors for these purchases under State Contract in an amount of $306,964.45: Flexible Pipe Equipment Aquatech B10-1300 Jet Rodder MN State Contract #442703 Nuss Truck & Equipment 2011 Mack GU813 MN State Contract #443436 Attachments: 1. Quote/Specs from Flexible Pipe Equipment 2. Quote/Specs from Nuss Truck and Equipment 3. Comparison of Aquatech and similar equipment FLEXIBLE PIPE TOOL COMPANY Sewer Cleaning and Inspection Equipment 30577 Pearl Drive St Joseph, Minnesota 56374 800-450-6969 DATE: November 30, 2010 TO: Scott Schultz City of Maplewood 1902 E County Road B Maplewood, MN 55109 FROM: Bob Guggenberger WE ARE PLEASED TO SUBMIT THE FOLLOWING QUOTATION. All prices are subject to immediate acceptance. Clerical errors are subject to correction. All agreements are contingent upon fires, accidents, labor difficulties, and causes beyond our reasonable control. No statement, contract, or order binding on the Company unless made or approved on behalf of the Company by one of its officers. One (1) 2011 Aquatech Model B10/1300 Collection Basin/Jet Rodder priced per Minnesota State Contract #442703 and including the following features/options: 1.0 Base unit price $ 145,045.00 2.1 Top hinged full opening rear door included 2.2 Splash shield included 2.3 Hydraulic door locks included 2.4 Internal tank flusher 1,842.00 2.5 Additional 5” diameter sight eye 186.00 2.7 Pump-off system, 180 GPM 3,970.00 3.1 Stainless steel float ball shutoff included 3.2 Air operated vacuum breaker included 4.1 19’ extendable boom included 4.6 (1) aluminum extension tube, 8” x 8’ included 4.12 (1) aluminum intake tube, 8” x 6’ included 4.16 (4) aluminum extension tubes, 6” x 6’ 1,028.00 4.19 (1) aluminum intake tube, 6” x 6’ 249.00 4.21 (1) 8” female to 6” male reducer 217.00 4.26 (1) 6” aluminum fluidizer tube 272.00 5.1 General 80 GPM @ 2000 PSI water pump included 5.3 Air purge system 298.00 5.4 Water pump cavity drains 120.00 6.1 Rear mounted hose reel included 6.2 Hydraulic 180 degree articulation on hose reel included 6.3 Foot control pedal for hose reel included 6.9 Rear reel level wind without counter 1,080.00 6.18 800 foot sewer hose installed 1,400.00 7.1 Curb side fill (steel piping) included 7.2 Washdown gun with ½” x 35’ hose included 7.10 Retractable hose reel, ½” x 100’ capacity 2,026.00 7.15 Unloader valve for rear reel 4,816.00 7.18 Cold weather recirculation for 1” hose reel 851.00 7.20 300 gallons additional water capacity 6,155.00 8.1 (2) side mounted aluminum tool boxes included 8.5 (1) aluminum tool box, 30”W x 18”D x 18”H 854.00 8.10 (2) side mounted storage racks for 6” tubes 627.00 9.1 Portable pendant control included 9.2 Vacuum/pressure gauge included 9.3 Engine throttle included 9.4 Tachometer included 9.5 Water pressure gauge included 9.7 Low water warning light 455.00 9.12 PTO hour meter 456.00 9.13 Boom control joystick 1,863.00 9.25 20’ retractable cord and halogen spotlight 333.00 9.27 Dual retractable halogen work lights on boom 597.00 9.31 LED strobe light on chassis cab 823.00 9.33 (2) LED strobe lights on jet/vac unit (front & rear opposite sides) 1,174.00 9.39 LED arrow board on unit 1,561.00 9.46 Side steps and grating 454.00 9.52 Rear view camera system 1,632.00 9.57 Mud flaps 89.00 9.59 Manhole tube support, 6” 355.00 11.1 Delivery and operator training 2,000.00 Subtotal for jet/vac body $ 182,828.00 Minnesota sales tax 12,569.43 Total $ 195,397.43 Note: Pricing does not include chassis. By: Robert R Guggenberger FLEXIBLE PIPE TOOL COMPANY VENDOR NAMENUSS TRUCK & EQUIPMENT MAKE AND MODEL2011 MACK GU813 Spec #DescriptionQtyPriceSubtotal 1.0Price for base unit:179,813.00$ 79,813.00$ 2.4 Frame fastener option (bolt or huck spun) 1$ 0.01$ 0.01 2.19 2.820,000 23.5 120,000 153 - 199 CA 1$ 727.00$ 727.00 3.1 Set back front axle option1 $ 0.01$ 0.01 18,000 front axle and matching suspension - Mack 3.6 FXL18 11,430.00$ $ 1,430.00 3.8 Heavy duty front axle shocks 1$ 0.01$ 0.01 3.13 Front brake dust shields 1$ 16.00$ 16.00 40,000# walking beam rear suspension and axle 4.2 Make & Model - Meritor RT-40-145 with Hendrickson HMX400 11,682.00$ $ 1,682.00 4.8 Driver activated differential lock on both front and rear axles 1$ 626.00$ 626.00 4.12 ½ round universal joints 1$ 0.01$ 0.01 Spicer 1810 HD drive line with half round universal 4.13 ons joints .. 1$7700$7700 jit1$7700$7700 4.15 Rear brake dust shield 1$ 30.00$ 30.00 6.1 Nylon wafers or wheel guards on all wheels (6 ea) 1$ 39.00$ 39.00 10,000 lb 22.5 9” front steel rims, 315/80R 22.5 J front 6.7 tires 1401.00$ 401.00$ 6.24 12R 22.5 H rear tires 11,392.00$ 1,392.00$ 7.1 Wabco System Saver 1200 E heated air dryer 10.01$ 0.01$ 7.2 Manual cable drain valves on air tanks 115.00$ 15.00$ 7.5 MGM type TR-T rear brake chambers 130.00$ 30.00$ S.S. pins on slack adjuster yoke (2 ea per yoke) 7.6 For all air brake chambers 122.00$ 22.00$ Mack MP7-395C, 395 HP @ 1500 - 1700 RPM, 8.3A 1560 LB FT Max Torque @ 1200 RPM 1861.00$ 861.00$ No Muffler, Single (R/S) Vertical Exhaust Cab Mounted, 8.13 Lower Venturi Diffuser, Turned End 1227.00$ 227.00$ Single (R/S) Vertical Straight Exhaust Stack Turned 8.16 Out 10.01$ 0.01$ 8.52 66 Gallon LH Steel D-Shape with Integral DEF Tank 180.00$ 80.00$ 9.3 Delco 24 SI Alternator, 130 AMP 155.00$ 55.00$ 9.12 Coolant spin on filter/conditioner 118.00$ 18.00$ 9.14 Air applied fan drive, Borg Warner Cool Logic Fan 1193.00$ 193.00$ 9.17 Radiator hose package (Silicone) per Spec 3.2 125.00$ 25.00$ 9.18 Curved exhaust pipe end 10.01$ 0.01$ 9.24 Radiator bug screen 1$ 0.01$ 0.01 9.26 Extended life anti-freeze 1$ 16.00$ 16.00 Synthetic (TranSynd) lubrication for Automatic 10.5 Transmission 1$ 336.00$ 336.00 llison 4500-RDS 6 spd, push button, PTO A111,170.00$ 11,170.00$ 10.8 10.48 Transmission oil cooler 1$ 291.00$ 291.00 10.51 Allison shift to neutral when park brake engaged 1$ 79.00$ 79.00 10.52 Shift lever control for Allison $ 138.00$ - 11.6 Remote jump start terminals 1$ 79.00$ 79.00 11.8 OEM daytime running lights 1$ 26.00$ 26.00 11.10 3 each 625 CCA batteries in lieu of 2 each batteries 1$ 0.01$ 0.01 11.20 RH/LH led work light on both side of truck 1$ 102.00$ 102.00 11.24 Body Link w/o cab floor pass thru hole/rubber boot 1$ 0.01$ 0.01 Six extra switches 2-15A ignition, 1-20A ignition, 1-10A 11.28 ignition, 1- 5A battery, & 1-20A battery 1$ 44.00$ 44.00 11.31 Ecco back-up alarm 575 constant sound level 1$ 68.00$ 68.00 p$$ 11.42 LED type tail lights 1180.00$ 180.00$ 12.4 Fender mirrors per Spec 3.4 1$ 108.00$ 108.00 12.13 Imron and clear coat paint option 1$ 123.00$ 123.00 12.15 Cab Air Ride Suspension 1$ 0.01$ 0.01 12.16 Tilting hood per Spec 3.8 1$ 0.01$ 0.01 12.17 Hood assist lift mechanism per Spec 3.8 1$ 0.01$ 0.01 12.22 Front fender extensions 1$ 95.00$ 95.00 12.29 Front tow hooks 1$ 0.01$ 0.01 12.30 Rear tow hooks 120.00$ 20.00$ 12.35 Bright finish hood intake 114.00$ 14.00$ 12.36 Bright finish bars with surround grille 187.00$ 87.00$ 12.39 Led type marker & clearance lights 169.00$ 69.00$ 13.2DSlate Gray Color with brushed metalic instrument panel 1$ 859.00859.00$ 13.6O.E.M factory installed, AM/FM/CD with weatherband 1199.00$ 199.00$ 13.8 O.E.M factory installed, air conditioning 10.01$ 0.01$ 13.9 Cab mounted non-resettable hour meter 1$ 0.010.01$ 13.15 Transmission oil sensor (check & fill) Allison only 1$ 0.01$ 0.01 13.17 Tilt & telescope steering wheel 10.01$ 0.01$ 13.19 Self canceling turn signals 1$ 67.00$ 67.00 13.24National 2000 hi-back air driver seat - single chamber air lumbar, 2 position front cushion adjustable 1$ 96.00$ 96.00 13.38 Cloth with vinyl driver & rider seat 1$ 0.01$ 0.01 13.44 Diagonal grab handle on inside of driver door 1$ 26.00$ 26.00 Co-pilot driver display (enhanced 4.5" diagonal graphic 13.45 LCD display w/4-button stalk control - includes guardog routine maintenance mnitoring 1$ 0.01$ 0.01 13.495lb fire extinguisher between LH seat base and door 152.00$ 52.00$ with valve aimed rearward 13.50 Reflector kit parallel to inside of rider base seat 126.00$ 26.00$ 13.56 Dual multiband antenna 129.00$ 29.00$ Exhaust pyrometer, transmission oil temperature, 13.63 manifold pressure and air application gauges 146.00$ 46.00$ 13.66 Light & buzzer for seat belt 124.00$ 24.00$ 16.3 Manuals in CD form, parts repair and service, per set 1600.00$ 600.00$ 16.4 VCADS software 11,700.00$ $ 1,700.00 Total Unit Cost:$104,390.20 Tax:$7,176.82 $111,567.02 AQUATECHvs.OTHERS Alljet/vacunitsbasicallydothesamethingʹtheycombinethefunctionsofsewerjettingandvacuumingdebris.The differencesbetweenunitsareinthedesignandmanufactureoftheunits.TheAquatechunitwasoriginallydesigned andbuiltbycontractors.Theyincorporatedthefeaturestheywantedinaunitthatnooneintheindustrywas providing. Aquatechistheonlyunitthatisatoploader.Thedebrisisdroppedinthefrontofthedebristankʹmaterialon material.Thiseliminatesthewearinsidethetankfromabrasiveandcorrosivematerialbeingblastedtotherearofthe debristank.Byloadingthetankfromfronttorear,youdistributetheweightbetweentheaxlesofthechassisresulting inamorestableunitontheroad.Loadingthematerialinthefrontalsoforcesthewatertotherear.Everyoneputs theirdecantvalveonthebottomofthantwater ereardoor.WithanAquatech,youcanactuallyusethevalvetodec andcontinuejetting.Youarenotforcedtolosetimebyhavingtobreakyoursetupandunload. Aquatechistheonlyunitthathasaboomthatrotates360degrees.Thisallowsyoutoworkanywherearoundthetruck. Sometimesyoucannotpositiontheunitexactlywhereyouwouldlikebecauseofspaceorweightrestrictions.Nota problemwithanAquatech. TherearhosereelontheAquatechwasoriginallydevelopedinordertosellunitsinEurope.Thehosereelinthefront createdablindspotforthedriverʹhecouldnotseepedestriansorsmallcars.Puttingthehosereelintherear eliminatestheblindspotbutalsooffersotheradvantages.TherearreelputsyouincompliancewithOSHAregulations regardingnoiselevelswithouthearingprotection.Youcanactuallycomcatewithothersattherearoftheunit muni whichyoucannotdoinfront.Therearreelputstheweightofthehosereelonthereartandemsinsteadofthefront axle.TheAquatechĚŽĞƐŶ͛ƚrequirea20,000poundfrontaxle.Wehavealsoseenheatissueswiththefrontreelunits becausethereelrestrictstheairtotheĞŶŐŝŶĞ͛Ɛcoolingsystem.Thisisgoingtobeabiggerproblemgoingforward becauseofthehigherengineoperatingtemperaturesrequiredforthenewemissionstandards. TheAquatechisthelightestunitintheindustrywhichtranslatestoitbeingabletohandlethelargestpayload.This againisimportantforeliminatingdowntimewhileunloading,increasingproductivity,andkeepingyoulegalonthe highwaysandbridges. Finally,thedesignoftheAquatechissimple.Everythingisaccessibleandeasytomaintainincludingengineoillevel. Howoftenisoillevelcheckedbyanoperatorwhenhe(she)hastostarttheengine,movethehosereeltotiltthehood, andthenwaitforthecoldoiltodrainbacktotheoilpan?TheAquatechdesignalsoincludesnotstoringtubesabove theŽƉĞƌĂƚŽƌ͛Ɛheadandigdesignthatmakestheboomdotheliftingandnottheoperator.The ncorporatingacouplin tubescanactuallybeassembledbyasingleoperator.Thearticulationoftherearreelprovidesalargerworkareathan anyfrontreelunit.TheAquatechunitwasdesignedbyandforoperators. AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer / Dep. Public Works Director SUBJECT: Approval of Resolution Directing Modification of Existing Construction Contract, Supplemental Agreement No. 42, Century Avenue Improvements, Project 03-15 DATE: December 1, 2010 INTRODUCTION The city council will consider approving the attached resolution directing the modification of the existing construction contract. DISCUSSION The city was not required to approve previous supplemental agreements because they did not affect the city’s cost share agreement for construction costs. However, Supplemental Agreement No. 42 does contain an obligation of the city in the amount of $508.75 out of the total $10,780.01 increase to the contract for the signal work that is required. BUDGET Approval of Supplemental Agreement No. 42 will increase the city’s share for construction by $508.75, and will not affect the approved budget, as it falls within construction contingencies. RECOMMENDATION It is recommended that the council approve the attached Resolution Directing Modification of Existing Construction Contract, Supplemental Agreement No. 42, for City Project 03-15. Attachments: 1. Resolution 2. Supplemental Agreement 42 3. Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 03-15, SUPPLEMENTAL AGREEMENT NO. 42 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered improvements to Project 03-15, Century Avenue Improvements, and has concurred with a contract let by Ramsey County and in accordance to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as City Project 03-15 including Supplement Agreement No. 42. 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 Supplemental Agreement No. 42 which is an increase of $508.75. th Adopted by the Maplewood City Council on this 13 day of December 2010. )<,-&-8 03'%8-321%4 &633/:-);(6-:) 944)6%*8326( 463437)( -1463:)1)287 1%40);33( 03;)6%*8326( ;33(&96= 0-2;33(%:)29) 0%/)63%( 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, 2007), The Lawrence Group;April 30, 2007 for County parcel and property records data; April 2007 for commercial and MEMORANDUM TO: James Antonen, City Manager FROM: Chuck Ahl, Assistant City Manager David Fisher, Building Official SUBJECT:Request Approval to Apply for Certified Local Government Status DATE: November23, 2010 for the December 13, 2010 City Council Meeting INTRODUCTION The City of Maplewood is ready to apply for Certified Local Government Status (CLGS) from the Minnesota State Historic Preservation Office (SHPO). The Minnesota Certified Local Government procedures manual requires the Mayor to make the request. The SHPO will respond to the Mayor within 60 days of receipt of the written request. If the city meets the criteria for the certification, the SHPO will prepare a written certification agreement between the SHPO and the city. BACKGROUND The number one 2010 goal for the Heritage Preservation Commission (HPC) is to obtain Certified Local Government Status (CLGS) for the City of Maplewood. This would make the city more eligible for Federal grants. The first step in achieving this goal was to amend the Heritage Preservation Ordinance. The second reading was approved June 28, 2010, by the city council. The next step was to obtain the resumes from the HPC, list the designated sites and submit the request to the SHPO. DISCUSSION As a Certified Local Government the City of Maplewood will be required to do the following: - Provide copy of the HPC ordinance to the State Historic Preservation Officer. - Provide HPC’s resumes and contact information to the State Historic Preservation Officer. - Provide survey list and the addresses of the two properties that meet the criteria for historical sites. - Enforce appropriate state and local legislation for the designation and protection of historic properties. The CLG will conduct design review of the designated properties. This would only affect two properties at this time: the Bruentrup Heritage Farm and the Ramsey County Poor Farm. - Establish and maintain HPC by State or local legislation. - Maintain a system for the survey and inventory of historic properties. - Provide for adequate public participation in the local historic preservation program, including the process of recommending properties for nomination to the National Register. - Provide annual report to the State Historic Preservation Officer. - Comply with the CLG handbook. - Agree to indemnify and save and hold the Society, its agents, contractors and employees harmless from any and all claims or causes of action arising from the CLGS agreement. the The purpose of achieving CLGS is to strengthen existing local preservation programs and promote development of new programs. Cities that have CLGS are eligible to apply annually for grants administered through the State Historical Preservation Society from a designated federal pass-through allocation. RECOMMENDATIONS a Staff recommends the city council approve the City of Maplewood pply for Certified Local Government Status with the Minnesota State Historic Preservation Office. P:\com-dev\HPC CLG12-13 -10 City Council meeting Attachments: 1. Cover letter for Mayor’s signature 2. Minnesota Certified Local Government Procedures Manual 1 November 18, 2010 Minnesota Historical Society Attention: Mike Koop, Historic Preservation Specialist 345 West Kellogg BLVD St. Paul, MN 55102-1906 Dear Mr. Koop; The City of Maplewood is requesting to become a Certified Local Government (CLG) by the Minnesota State Historic Preservation Office. The City’s Historical Preservation Commission, recently renamed the Heritage Preservation Commission, has existed since 1998 and has been working to obtain the CLG designation for about two years. The Heritage Preservation Commission Ordinance was updated to meet the requirements for Certified Local Government. The City of Maplewood has two Heritage sites, the Bruentrup Heritage Farm and the Ramsey County Poor Farm, which would meet the criteria for a survey of properties for CLG. The Commission has been working with the Maplewood Area Historical Society in a collaborative effort to educate the public and the preserve heritage of Maplewood. Please find enclosed the contact information for all of the Heritage Preservation Commission members and their resumes for your review. Thank you for the opportunity to become a Certified Local Government . If you have any questions please contact me at 612-363-6832 or by email at Will.Rossbach@ci.maplewood.mn.us or the Heritage Preservation Commission Liaison, David Fisher at 651-249-2320 or email at dave.fisher@ci.maplewood.mn.us. Sincerely, Will Rossbach Mayor City of Maplewood P HPC Will Letter for CLG MINNESOTA CERTIFIED LOCAL GOVERNMENT PROCEDURES MANUAL STATE HISTORIC PRESERVATION OFFICE 345 KBW ELLOGGOULEVARDEST SP, M55102-1906 AINTAULINNESOTA 651/296-5451 www.mnhs.org SEPTEMBER 2002 TABLE OF CONTENTS Introduction2 I.Purpose of the CLG Program 2 II.Eligibility3 III.Requirements for Certification of Local Governments 3 IV.Process for Certification of CLGs 9 V.Process for Monitoring and Decertifying CLGs 10 VI.Process for Allocating CLG Grant Pass-Through Funds to CLGs 10 Appendix A – Federal Professional Qualifications Standards 12 Appendix B – Minnesota Statutes 471.193 14 Appendix C – Secretary of the Interior’s Standards for Treatment of 16 Historic Properties Appendix D – Model Local Government Certification Agreement17 Upon request, this publication can be made available in alternative formats – audiotape, large print, or computer disk. This program receives Federal funds from the National Park Service. Under Title IV of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, the U.S. Department of the Interior strictly prohibits discrimination on the basis of race, color, national origin, or disability in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility operated by a recipient of federal assistance, or if you desire further information, please write to: Director, Equal Opportunity Program, U.S. Dept. of the Interior, National Park Service, P.O. Box 37127, Washington, D.C. 20013-7127. Minnesota CLG Procedures Manual, page 1 Issued September 2002 State Historic Preservation Office INTRODUCTION Since its initial enactment in 1966 and through several amendments, the National Historic Preservation Act, as amended (16 U.S.C. 470 et seq.), has provided the statutory framework for the national historic preservation partnership. Federal, State, Tribal and local governments have well-defined and significant roles in the identification, evaluation, designation and protection of historic and prehistoric properties. The State Historic Preservation Office (SHPO) develops and administers a comprehensive preservation program which in Minnesota, is housed at the Minnesota Historical Society. The success of the federal-state relationship prompted Congress to expand the partnership to include local governments in 1980. Local units of government were given the opportunity to participate in the national preservation program by becoming a Certified Local Government (CLG). The role of CLGs in the partnership includes the responsibilities of administering local preservation ordinances, maintaining systems for survey of historic resources, and participating in the National Register of Historic Places program. In order to become certified, a local government must meet several requirements, chief of which are to have enacted an historic preservation ordinance and appointed a qualified Heritage Preservation Commission (HPC). The federal act directs the State Historic Preservation Officer (SHPO) and the Secretary of the Interior to certify local governments to participate in the partnership. The Certified Local Government program is the primary way through which qualified and interested local governments participate in the national historic preservation partnership. This handbook describes how the CLG program operates in Minnesota. I. PURPOSE OF THE CLG PROGRAM The CLG program seeks to encourage and expand local involvement in preservation issues through a partnership between the CLG and the SHPO. To strengthen existing local preservation programs and to promote the development of new ones, CLGs are eligible to apply annually for grants administered by the SHPO from a designated federal CLG pass-through allocation (see Section VI. Process for Allocating CLG Grant Pass-Through Funds to CLGs). CLGs assume a leadership role by identifying, evaluating and protecting historic resources within their communities; receiving technical advisory services from the SHPO; and having a formal role in the National Register process. CLGs can choose to assume other responsibilities such as participating in the review of federal projects, reviewing state tax credit projects and administering covenants. The primary goal of participating in the CLG program is to strengthen the historic preservation program at the local level. The CLG program ensures that historic preservation issues are understood and addressed at the local level and are integrated into the local planning and decision-making process at the earliest possible opportunity. Historic preservation should be considered equally with other planning issues in a CLG and not be viewed as superfluous to decision-making. CLG status can bring pride and official recognition to a community that is committed to historic preservation. Minnesota CLG Procedures Manual, page 2 Issued September 2002 State Historic Preservation Office II. ELIGIBILITY Any general purpose subdivision of the state, such as a city, town or county, which meets the criteria set forth in this document is eligible to apply for certification. III. REQUIREMENTS FOR CERTIFICATION OF LOCAL GOVERNMENTS Five broad federal standards, all of which must be met by a local government seeking certification, are amplified by the specific Minnesota CLG requirements. A.The local government must enforce appropriate state or local legislation for the designation and protection of historic properties. 1. The local government must adopt a municipal heritage preservation ordinance under the provisions of Minnesota Statutes 471.193 (Appendix B). The purpose of the ordinance must be clearly stated and be in conformance with definitions set forth in Section 101 (c) (4) of the National Historic Preservation Act, as amended, and 36 CFR 61.6. For the purpose of the CLG program, the Act defines: “Designation” as “the identification and registration of properties for protection that meet criteria established by the State or the locality for significant historic and pre- historic resources within the jurisdiction of a local government.” Designation includes the identification and registration of resources according to State or local criteria which must be consistent with the Secretary of the Interior’s Standards for Identification and Registration. “Protection” as “a local review process under State or local law for proposed demolition of, changes to, or other action that may affect historic properties designated pursuant to” a local government becoming a Certified Local Government. The CLG’s local protection review process of the Act applies only to properties designated pursuant to State or local laws and procedures. This would not include properties listed on or determined eligible for the National Register of Historic Places unless such properties also were designated under the appropriate local process. 2. The ordinance must contain a clearly defined process for the survey, designation and protection of individual properties and/or districts of historic, architectural or archaeological significance.Both the criteria for determining significant properties and the procedure for designating those properties must be defined, either within the ordinance or in other procedures adopted by the local government. The process shall include forwarding all proposed designations to the Minnesota SHPO for comment before final local designation is made, pursuant to Minnesota Statutes 471.193 Subd. 6. Properties shall not be removed from designated status except in cases where there has been a procedural or professional error in the designation process or where the property has been destroyed or radically altered. The process for local designation must provide for public comment. Minnesota CLG Procedures Manual, page 3 Issued September 2002 State Historic Preservation Office 3. The ordinance must contain a clearly defined process for the review of all proposed alterations, relocations, demolition, or new construction within the boundaries of locally designated properties and/or districts. Both the criteria to be utilized in the evaluation of proposed actions and the procedure for reviewing those actions must be clearly stated, either within the ordinance or in other procedures adopted by the local government. The Secretary of the Interior's Standards for Treatment of Historic Properties should be utilized in developing the review criteria (Appendix C). The process of permit review must provide for public comment. 4. The HPC must adhere to Minnesota Statutes 138.17 and the procedures of the State Archives Department, Minnesota Historical Society regarding commission records (www.mnhs.org/preserve/records/infoleaf9.pdf). 5. Local governments should consult 36 CFR 67.8 to insure that local ordinances meet the certification criteria pursuant to the Economic Recovery Tax Act of 1981 and the Tax Reform Act of 1976. Note that certification of a local government under the CLG procedures does not constitute certification of a commission under the preservation tax incentives process. B.The local government must establish an adequate and qualified historic preservation commission by State or local legislation. 1. The local government shall create a heritage preservation commission (HPC) to carry out the provisions of the ordinance. 2. All commission members must have a demonstrated interest, competence or knowledge in historic preservation. If available in the community, at least two members of the HPC shall be drawn from professionals in architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or related disciplines. Other related professions might include the building trades, real estate or law. For the purposes of commission membership as described in this section, the professional standards stipulated in Appendix A need not be met. One member of the HPC must be a designated representative of the county historical society in which the commission is located, if available, pursuant to the Minnesota Statutes, 471.193 Subd. 5. Specific disciplines and professional qualifications must be represented on the commission (or professional expertise must be sought) when considering National Register nominations (see III.B.4.) and other actions that will impact properties which are normally evaluated by a professional in such a discipline. Minnesota CLG Procedures Manual, page 4 State Historic Preservation OfficeIssued September 2002 Regarding conflicts of interest, it is federal policy that no person shall participate in the selection, award, or administration of any HPF-assisted program activity, subgrant, contract, or subcontract if a conflict of interest, real or apparent, exists. By definition, “person” includes CLG commission members, agents, or staff. Commissions are encouraged to adopt procedures for a conflict of interest situation. The SHPO can provide examples of the conflict of interest statements used by its boards and committees. 3. The HPC shall meet as often as is necessary to complete the workload in a timely fashion. 4. The HPC's responsibilities regarding local designation of properties and building permit review are mentioned in III.A.2. and III.A.3. above. Federal law prescribes that the commission participate in the National Register nomination process as follows: a. Before a property within the jurisdiction of the Certified Local Government may be considered by the State to be nominated to the Keeper of the National Register for inclusion on the National Register, the SHPO shall notify the owner, the applicable chief local elected official, and the local HPC. The HPC, after reasonable opportunity for public comment, shall prepare a report as to whether or not such property, in its opinion, meets the criteria of the National Register. Within sixty days of notice from the SHPO, the chief local elected official shall transmit the report of the commission and his/her recommendation to the SHPO. Except as provided below, after receipt of such report and recommendation, or if no such report and recommendation are received within sixty days, the State shall make the nomination pursuant to established procedures. The state may expedite such process with the concurrence of the certified local government. If the HPC chooses to initiate the nomination of a property to the National Register and submits that nomination to the SHPO, the HPC may include the comments of the chief local elected official and the HPC with the initial submittal to the SHPO, along with a request that the 60 day comment period for CLGs be waived. In such cases, the SHPO will give the standard required 30 days notice to both the property owners (s) and the local government of the State Review Board meeting. The required 60 day CLG review period may thus be waived. b. If both the commission and the chief local elected official recommend that property not be nominated to the National Register, the SHPO shall take no further action, unless within thirty days of the receipt of such recommendation by the SHPO an appeal is filed with the State. If such an appeal is filed, the State shall follow the procedures for making nomination pursuant to established procedures. Any report and recommendations made under this section shall be included with any nomination submitted by the State to the Keeper of the National Register. Minnesota CLG Procedures Manual, page 5 Issued September 2002 State Historic Preservation Office c. All nominations, when sent by the SHPO to the CLG for comment, will be classified as primarily historic, archaeological, and/or architectural in nature. If an HPC does not have professional expertise in accordance with the necessary 1 federal qualifications in the appropriate area(s) (see Appendix A), the HPC can 1) choose not to comment on that nomination through the CLG review process (in which case it should advise the SHPO of that choice), or 2) obtain the opinion(s) of a qualified professional or qualified professionals in the subject area and consider the opinion(s) in their recommendation. Under 2), both the credentials and the opinion(s) of the consulted professional(s) should be submitted to the SHPO with the CLG recommendation. Even if the HPC chooses not to comment under the CLG process outlined above (e.g., when professional expertise is not available), comments on a nomination may be submitted to the SHPO in as much as any interested party may submit comments. The provisions of 3.b. above, however, would not apply in such cases. The SHPO can provide assistance in locating qualified professionals. 5. Federal guidelines also require that the unit of government and the HPC possess certain financial qualifications in order to receive federal pass-through funds. These will be explained in Section VI. 6. The functions of the HPC must be complimentary to and carried out in coordination with the responsibilities of the SHPO as defined in 36 CFR 61. 7. The SHPO shall make available to HPCs orientation materials and training workshops designed to provide a working knowledge of the roles and operations of federal, state and local preservation programs and historic preservation in general. C.The local government must maintain a system for the survey and inventory of historic properties. The local government must maintain an ongoing process to survey and inventory all buildings, structures, sites and districts within the local jurisdiction. This survey information must be clearly organized and accessible to the public (excluding restrictions on locations of archaeological sites). The SHPO should be consulted in the initial development of such a system, and the inventory forms of the SHPO should be used or, alternatively, local inventory forms should be approved by the SHPO. The local inventory should clearly indicate those 1 For an architectural nomination, the commission must have a member who qualifies under the federal architectural history or historic architecture standards. For a history nomination, the commission must have a member who qualifies under the federal history standards. For an archaeological nomination, the commission must have a member who qualifies under the federal archaeology standards. If a nomination is classified in more than one area, the commission must have expertise in all appropriate areas in order to comment through the CLG comment process. Minnesota CLG Procedures Manual, page 6 Issued September 2002 State Historic Preservation Office properties that have been designated locally as well as those listed in the National Register of Guidelines for SHPO Historic Places. All surveys should be conducted according to the Architecture/History Projects. 1. The local government must submit a copy of the local inventory form for each locally designated property and district to the SHPO. 2. The local government must advise the SHPO on the status of the local inventory on an annual basis (see E.2.e). 3. The local survey information submitted to the SHPO will be integrated into the statewide inventory. The SHPO may request additional survey and inventory data from the local government as part of the development of the state's comprehensive planning process. D.The local government shall provide for adequate public participation in local historic preservation programs, including the process of recommending properties for nomination to the National Register. 1. All meetings of the commission shall adhere to the Minnesota Open Meeting Law (Minnesota Statutes 471.705). 2. All National Register nominations on which the commission chooses to comment (as outlined under III.B.4. above) must be considered at an open meeting of the commission, with opportunity for public comment. 3. Both the local designation process and the building permit review process (see III.A.2. and III.A.3.) must contain a provision for public comment on proposed actions. 4. Minutes of all commission decisions and actions, including the reasons for making those decisions, must be kept on file and available for public inspection. E.The local government shall satisfactorily perform the responsibilities listed in points A-D above and those specifically delegated to it under the Act by the Minnesota SHPO. 1. The local government will demonstrate performance of the responsibilities listed in points A-D in an annual report to be submitted to the SHPO by October 30 for each preceding year (October 1 - September 30). 2. This report must demonstrate an active commitment of the HPC to an effective community preservation program. It should contain, at minimum, the following information: a. Number, names, and dates of local designations made during the year. (Inventory forms on these sites should have been submitted to the SHPO during the year as part of the local designation process - see III.A.2.). Minnesota CLG Procedures Manual, page 7 Issued September 2002 State Historic Preservation Office b. Number of building permits reviewed during the year, and a summary of findings of the HPC on those reviewed. c. Listing of members and officers of the HPC including preferred mailing address, phone number and e-mail address, resumes for any new members, and an indication of the commissioner who represents the county historical society. d. Listing of 1) National Register nominations on which the HPC has commented, and 2) National Register nominations submitted to the State Historic Preservation Office for nomination, during the year. e. A summary of available inventory information currently included in the local in inventory. This might be done with a simple listing of inventoried property addresses. Maps and other material may also be useful. The location of the inventory records should also be indicated. f. Assurances that the HPC has adhered to 1) the public participation provisions as stipulated under Section III.D. and 2) the procedures of the State Archives Department, Minnesota Historical Society, regarding commission records. g. Descriptions of other activities, publications or events undertaken by the HPC during the previous year and planned by the HPC for the coming year. 3. The performance standards for the items listed in III.E.2., above, will be as follows: a. The HPC must demonstrate an ongoing process of local designation with a mini- mum of one designation a year. (In situations where this may not be possible, as in very small cities where the entire area of jurisdiction is designated, the city should explain the reasons for a lack of action.) b. The HPC must show that all permits related to designated properties are being reviewed, according to the procedure set forth in the ordinance. c. The requirements of Section III.B.2 must be met. d. (No minimum.) e. The inventory should be shown to be clearly organized and accessible to the public. f. (No minimum.) g. (No minimum.) Minnesota CLG Procedures Manual, page 8 Issued September 2002 State Historic Preservation Office 4. At least one member of the HPC must attend SHPO-sponsored training each year. (If attendance at a statewide workshop or conference is not possible, the SHPO should be consulted for an alternate means of meeting this training requirement.) Technical and other information for commissions is available from the SHPO. IV. PROCESS FOR CERTIFICATION OF LOCAL GOVERNMENTS A.The chief elected official of the local government shall request certification from the Minnesota SHPO. The request for certification shall include the following: 1. A copy of the local historic preservation ordinance. 2. Copies of local inventory forms for all sites and districts locally designated, and a summary of available inventory information on properties not locally designated (property addresses, maps, etc.). 3. Resumes for each of the members of the historic preservation commission. These resumes must clearly show that all members have a demonstrated interest, competence or knowledge in historic preservation, and that at least two members are preservation- related professionals (see III.B.2.). (If these professionals are unavailable, an explanation should be attached.) The resumes should also indicate expertise in the areas of archi- tectural history, archaeology, and history, for the purpose of establishing expertise to review National Register nominations (see III.B.3.c.) B. SHPO and National Park Service Review The SHPO will respond to the chief elected official within 60 working days of the receipt of an adequately documented written request. If the local government meets the criteria for certification, the SHPO will prepare a written certification agreement that lists the specific responsibilities of the local government when certified and forward that agreement to the local government for signature (see Appendix D for model agreement). When the signed agreement is returned to the SHPO the request and agreement will then be forwarded to the National Park Service for review with a request for concurrence. If the NPS does not take exception to the request within 15 working days of receipt, the local government shall be regarded as Certified. A Certification Agreement is not effective until it is signed by the chief elected official and the SHPO, and concurred with in writing by NPS. The effective date of certification is the date of NPS concurrence. When NPS concurs with the SHPO recommendation for certification, NPS will notify the SHPO in writing, and send a copy of that letter to the CLG. Minnesota CLG Procedures Manual, page 9 Issued September 2002 State Historic Preservation Office V. PROCESS FOR MONITORING AND DECERTIFYING CLGS A. The SHPO will review the annual reports submitted by certified local governments, records of the administration of funds allocated from the Historic Preservation Fund, and other documents as necessary, to assure that each government is fulfilling the required standards. Other review and monitoring may be conducted as necessary. B. If the SHPO evaluation indicates that the performance of a CLG is inadequate, the SHPO shall document that assessment and delineate for the local government ways to improve performance. The CLG shall have a period of not less than 30, nor more than 180 days to implement improvements. If the SHPO determines that sufficient improvement has not occurred, the SHPO will recommend decertification of the local government to the Secretary of the Interior citing specific reasons for the recommendation. C. If the local government is decertified, the SHPO will conduct financial assistance closeout procedures as specified in the HPF Grants Manual. VI. PROCESS FOR ALLOCATING CLG GRANT PASS-THROUGH FUNDS TO CLGs The Minnesota SHPO administers the CLG Grant program and produces and distributes a CLG Grants manual each year that describes the application process, matching requirements and priorities for the given year. Under this program, in accordance with the Department of the Interior requirements for the Historic Preservation Fund programs, at least ten (10) percent of Minnesota's annual HPF appropriation is designated as pass-through funding to Certified Local Governments (CLGs) each year. This pass- through grant program has assisted CLGs across the state of Minnesota build and strengthen their local preservation programs. The CLG Grants Manual includes information on General Grant Conditions, Eligible Program Activities and Priorities for Projects, the Application Process, Instructions for Completing Application Forms, and Project Administration and Reporting. Application Forms, a sample CLG Grant Agreement and sample Project Description (Attachment A), a CLG Request for Reimbursement Form, Supplemental Infor- mation on Allowable Costs, and forms for fiscal documentation are also included. Because federal funds are used for CLG grants, numerous federal regulations apply. Federal regulations will be enforced, and failure on the part of a CLG to meet them will result in the cancellation of a grant project. All work accomplished under these grants must meet the Secretary of the Interior’s Standards for Archaeology and Historic Preservation. Providing matching funds may be an annual prerequisite and is one of the selection criterion for CLG grants. Applicants are encouraged to provide a match that exceeds the minimum requirement. Matching funds may be cash, in-kind and/or donated services or materials contributed to the project or a combination of the three. Minnesota CLG Procedures Manual, page 10 Issued September 2002 State Historic Preservation Office There are six areas of eligible program activity for CLG grants: (A) Comprehensive Planning; (B) Survey; (C) Evaluation; (D) Local Designation Forms; (E) National Register Nomination Forms; and (F) Public Education. The CLG Grants Manual provides guidance and examples for each category. Projects receive special priority are those that: reflect the goals and strategies in the statewide preserva- tion plan; promote sound preservation planning through historic context development and the comple- tion of historic and archaeological surveys; result in local designations; and involve properties associ- ated with the history of heretofore under-documented groups or communities (ethnic or racial minorities for example, but also other groups defining themselves as communities. Projects will be evaluated on the following criteria (total points available 100): 1. How well the applicant addresses questions for each category in the CLG Grants Manual (0- 25 points); 2. How well the annual priorities and criteria outlined in the CLG Grants Manual are addressed and how well the project is related to the state preservation plan (0-15 points); 3. Clearly stated measurable goals that can be realistically attained within the funding period (0 to 15 points); 4. Demonstrated community support and leveraged funds (0 to 15 points); 5. Products and past performance of previously administered CLG grants (0 to 15 points); 6. Quality and practicality of the budget (0 to 15 points). The CLG Grants Manual is available by contacting the Grants Office at the Minnesota Historical Society, 345 Kellogg Boulevard West, St. Paul, MN 55102-1906; telephone (651) 296-5478. Minnesota CLG Procedures Manual, page 11 Issued September 2002 State Historic Preservation Office APPENDIX A PROFESSIONAL QUALIFICATIONS STANDARDS The following requirements are those used by the National Park Service, and have been previously published in the Code of Federal Regulations, 36 CFR 61. The qualifications define minimum education and experience required to perform identification, evaluation, registration, and treatment activities. In some cases, additional areas or levels of expertise may be needed, depending on the complexity of the task and the nature of the historic properties involved. In the following definitions, a year of full-time professional experience need not consist of a continuous year of full-time work, but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent of a year of full-time experience. History The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one of the following: 1. At least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historic organization or agency, museum, or other professional institution; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of history. Archaeology The minimum professional qualifications in archaeology are a graduate degree in archaeology, anthropology, or closely related field plus: 1. At least one year of full-time professional experience or equivalent specialized training in archaeological research, administration or management; 2. At least four months of supervised field and analytic experience in general North American archaeology; and 3. Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the prehistoric period. A professional in historic archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the historic period. Minnesota CLG Procedures Manual, page 12 Issued September 2002 State Historic Preservation Office Architectural History The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field, with course work in American architectural history; or a bachelor's degree in architectural history, art history, historic preservation or closely related field plus one of the following: 1. At least two years of full-time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historic organization or agency, museum, or other professional institution; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history. Architecture The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time experience in architecture; or a State license to practice architecture. Historic Architecture The minimum professional qualifications in historic architecture are a professional degree in architecture or a State license to practice architecture, plus one of the following: 1. At least one year of graduate study in architectural history, preservation planning, or closely related field; or 2. At least one year of full-time professional experience on historic preservation projects. Such graduate study or experience shall include detailed investigations of historic structures, preparation of historic structures research reports, and preparation of plans and specifications for preservation projects. Minnesota CLG Procedures Manual, page 13 Issued September 2002 State Historic Preservation Office APPENDIX B State Enabling Legislation for Heritage Preservation Commissions (from 2001 Minnesota Statutes) 471.193 MUNICIPAL HERITAGE PRESERVATION. Subdivision 1. Policy. The legislature finds that the historical, architectural, archaeological, engineering, and cultural heritage of this state is among its most important assets. Therefore, the purpose of this section is to authorize local governing bodies to engage in a comprehensive program of historic preservation, and to promote the use and conservation of historic properties for the education, inspiration, pleasure, and enrichment of the citizens of this state. Subd. 2. Heritage preservation commissions. The governing body of a statutory or home rule charter city, county, or town as described in section 368.01, subdivisions 1 and 1a may establish a heritage preservation commission to preserve and promote its historic resources according to this section. Subd. 3. Powers. The powers and duties of any commission established pursuant to this section may include any power possessed by the political subdivision creating the commission, but shall be those delegated or assigned by the ordinance establishing the commission. These powers may include: (1) the survey and designation of districts, sites, buildings, structures, and objects that are of historical, architectural, archaeological, engineering, or cultural significance; (2) the enactment of rules governing construction, alteration, demolition, and use including the review of building permits, and the adoption of other measures appropriate for the preservation, protection, and perpetuation of designated properties and areas; (3) the acquisition by purchase, gift or bequest, of a fee or lesser interest, including preservation restrictions, in designated properties and adjacent or associated lands which are important for the preservation and use of the designated properties; (4) requests to the political subdivision to use its power to eminent domain to maintain or preserve designated properties and adjacent or associated lands; (5) the sale or lease of air rights; (6) the granting of use variations to a zoning ordinance; (7) participating in the conduct of land use, urban renewal, and other planning processes undertaken by the political subdivision creating the commission; and (8) the removal of blighting influences, including signs, unsightly structures, and debris, incompatible with the physical well-being of designated properties or areas. Minnesota CLG Procedures Manual, page 14 Issued September 2002 State Historic Preservation Office No power shall be exercised by a commission which in contrary to state law or denied a political subdivision by its charter or by law. Powers of a commission shall be exercised only in the manner prescribed by an ordinance and no action of an ordinance unless expressly authorized by the ordinance. Subd. 4. Exclusion. If a commission is established by the city of St. Paul, it shall for the purpose of this section exclude any jurisdiction over the capitol area as defined in section 15.50, subdivision 2. Subd. 5. Commission members. Commission members must be persons with demonstrated interest and expertise in historic preservation and must reside within the political subdivision regulated by the ordinance establishing the commission. Every commission shall include, if available, a member of a county historical society of a county in which the municipality is located. Subd. 6. Communication with the state historic preservation officer. Proposed site designations and design guidelines must be sent to the state historic preservation officer at the Minnesota Historical Society, who shall review and comment on the proposal within 60 days. By October 31 of each year, each commission shall submit an annual report to the state historic preservation officer. The report must summarize the commission's activities, including designations, reviews, and other activities during the previous 12 months. Minnesota CLG Procedures Manual, page 15 Issued September 2002 State Historic Preservation Office APPENDIX C SECRETARY OF THE INTERIOR’S STANDARDS FOR TREATMENT OF HISTORIC PROPERTIES Preservation is defined as the act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project. 1. A property will be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces and spatial relationships. Where a treatment and use have not been identified, a property will be protected and, if necessary, stabilized until additional work may be undertaken. 2. The historic character of a property will be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided. 3. Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate, and conserve existing historic materials and features will be physically and visually compatible, identifiable upon close inspection, and properly documented for future research. 4. Changes to a property that have acquired historic significance in their own right will be retained and preserved. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. 6. The existing condition of historic features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material will match the old in composition, design, color, and texture. 7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. 8. Archaeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. Minnesota CLG Procedures Manual, page 16 Issued September 2002 State Historic Preservation Office APPENDIX D MODEL LOCAL GOVERNMENT CERTIFICATION AGREEMENT This agreement is made between the of[insert proper name of local government] and the Minnesota Historical Society. 1. As a Certified Local Government (CLG) established under the provisions of the “Minnesota Certified Local Government Handbook” and of 36 CFR 61.5 and 36 CFR 61.7, made a part of this agreement by reference, the of agrees to: A. Enforce appropriate state and local legislation for the designation and protection of historic properties. The CLG will conduct design review of designated properties according to the Secretary of the Interior’s Standards for Rehabilitation. B. Maintain an adequate and qualified historic preservation review commission by State and Local legislation. C. Maintain a system for the survey and inventory of historic properties. D. Provide for adequate public participation in the local historic preservation program, including the process of recommending properties for nomination to the National Register. E. Satisfactorily perform the responsibilities listed in points A-D above and those specifically delegated to it under the Act by the State Historic Preservation officer (SHPO). 2. The specified obligations of the CLG under each of the above areas are outlined in the document “Minnesota Certified Local Government Handbook.” Performance of these responsibilities will be demonstrated in the annual report submitted by the CLG to the SHPO by November 1 of each year (See Section I.E. of the Handbook). Failure to report or unsatisfactory performance may be grounds for potential decertification as described in Section III of the Handbook. 3. It is mutually understood that upon final execution of this agreement, the Local Government will achieve, subject to final review by the Secretary of the Interior, Certified Local Government status. Transference of funds pursuant to said status will require compliance with this Handbook, and the current CLG Grants Manual. 4. The Certified Local Government agrees to indemnify and save and hold the SOCIETY, its agents, contractors, and employees harmless from any and all claims or causes of action arising from the CLG’s performance of this agreement. 5. The Certified Local Government will comply with Title VI of the Civil Rights Act of 1964; Public Law 88-352 (78 Stat. 241; 42 U.S.C. 2000d) which prohibits discrimination and is made a part of this agreement by reference. MINNESOTA HISTORICAL SOCIETY LOCAL GOVERNMENT State Historic Preservation Officer Date Mayor Date Deputy State Historic Preservation Date Chair, Heritage Date Officer Preservation Commission Print Name: Contracting Officer Date Minnesota CLG Procedures Manual, page 17 Issued September 2002 State Historic Preservation Office Agenda Item G.17 MEMORANDUM TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Approval of a Resolution Authorizing the City to Participate in the Minnesota GreenStep Cities Program DATE: December 6, 2010 for the December 13 City Council Meeting BACKGROUND City Council 2010 Goals One of the City Council’s 2010 goals is improved environmental planning. To address accomplishments to this goal, staff presented a report to the City Council on November 22 which outlines the city’s environmental and sustainability progress in 2010 and goals for 2011. In the report staff recommended that the city participate in the Minnesota GreenStep Cities recognition program in order to further the city’s environmental planning efforts. Minnesota GreenStep Cities Minnesota GreenStep Cities (greenstep.pca.state.mn.us) is a voluntary program administered by the Minnesota Pollution Control Agency (MPCA). The program challenges, assists, and recognizes cities for actions that reduce greenhouse gas emissions. It is designed to help cities meet their sustainability goals through implementation of 28 best practices (Attachment 1). Each best practice can be implemented by completing one or more specific actions (depending on size of the city) from a list of four to eight actions. These actions are tailored to all Minnesota cities, focus on cost savings and energy use reduction, and encourage innovation. There are currently nine Minnesota cities participating in the new program. Any Minnesota city can participate. To begin, a city needs to approve a resolution to work toward GreenStep Cities recognition. Once the resolution is passed and accepted by the GreenStep Cities coordinators, a city then registers and posts initial information on the GreenStep Cities web site. A work group is formed to specify implementation actions and identify a lead person for each best practice. A work plan is created for implementation of the best practices, which is then presented to committees, commissions, and the City Council as needed. The City of Maplewood has already completed some of the best practices, or is proposing to implement the practices through our Sustainable Operations. Staff is recommending that the city participate in the program and work toward GreenStep Cities recognition. The Green Team can serve as the work group. Leaders have already been identified for each best practice through our Sustainable Operations project. And finally staff can update the City Council of its work plans and successful completion of best practices during the annual sustainability report. RECOMMENDATION Adopt the attached resolution (Attachment 2) which authorizes the City of Maplewood to participate in the Minnesota GreenStep Cities recognition program. Adopting the resolution and working toward GreenStep Cities recognition will further the city’s environmental planning efforts. Attachments: (1) MN GreenStep Cities Best Practices, (2) Resolution of Support MINNESOTA GREENSTEP CITIES BEST PRACTICES, ACTION OPTIONS AND PROGRAM REQUIREMENTS 5 Buildings & Lighting Best Practices 1. Public Buildings (1)Enter baseline information into the Minnesota B3 database and continue entering monthly energy use data from city-owned buildings. (2)Audit (or when cost-effective, recommission) all city-owned buildings in the bottom third of the B3 energy performance ranking and implement a majority of energy efficiency opportunities that have a payback under 5 years. (3)Complete energy efficiency improvements in at least one city, school or park district building (in addition to buildings addressed in action 2) via retrofit and retro-/re- commissioning, with financing at attractive interest rates under MN’s PBEEEP program or related lease-purchase financing, energy performance contracting, or other cost-justified program. (4)Participate in other state or utility programs that provide rebates or co-funding for energy efficiency improvements to public buildings. (5)Renovate and operate at least one city-owned building to meet or qualify for a green building standard. (6)Create an internal loan fund for making public building improvements based on an energy or green building standard. (7)Install in at least one public building at least one of the following energy efficiency measures: a.A distributed energy technology: micro-turbine, fuel cell, reciprocating engine. b.A ground-source, closed loop geothermal system where net greenhouse gases are less than those generated by the system being replaced. 2. Private Buildings (1)Create a marketing and outreach program with the local utility and/or the local Community Action Program to promote residential energy use reduction and energy efficiency. (2)Integrate green building information into the building permit process. (3)Develop a (or modify an existing) truth-in-housing inspection program for homes being sold, to include a blower-door test and energy-use rating. (4)Partner with an assistance provider such as a utility, EnergySmart, MNTAP or ReTAP, and document at least one of the following: a.Building energy improvements in businesses. b.Use of Energy Star’s Portfolio Manger by businesses. c.Operation of a least three buildings to meet or qualify for a green building standard. (5)Take action to conserve drinking water resources through at least one the following: a.Implement a robust watering ordinance. b.Implement a conservation rate structure. c.Adopt, with modifications as necessary, a model landscaping ordinance to allow for low water-use landscaping. d.Create a rebate or feebate program to promote purchases of WaterSense- and Energy Star-rated appliances. (6)Provide a meaningful and significant incentive to builders, homeowners, businesses or institutions who renovate to a green building standard: a.Building permit fee discount b.Grant, rebate or tax breaks (e.g., property tax abatement) c.Expedited permit review d.Green building design assistance e.Density bonus (7)Customize a model sustainable building policy and adopt language governing commercial renovation projects: a.Receiving city financial support, and/or b.Requiring city regulatory approval (conditional use permit, rezoning, PUD status). (8)Arrange for on-bill financing, using either utility or property tax bills, to make home/building sustainability improvements easier and more affordable. 3. New Green Buildings (1)Require, by ordinance, new city-owned buildings and substantial remodels to meet or qualify for a green building standard. (2)Work with the local school or park district to ensure that all schools or park buildings meet or qualify for a green building standard. (3)Customize a model sustainable building policy and adopt language governing new development projects: a.Receiving city financial support, and/or b.Requiring city regulatory approval (conditional use permit, rezoning, PUD). (4)Provide a meaningful and significant incentive to residents, builders or developers who build to a green building standard: a.Building permit fee discount b.Expedited permit review c.Green building design assistance d.Grant, rebate or tax breaks (e.g., property tax abatement) e.Density bonus (5)Adopt covenant guidelines for common interest communities addressing issues such as stormwater, native vegetation, clothes lines and renewable energy. (6)Work with local financial institutions to use energy-efficient mortgages for buildings seeking a green building certification. 4. Outdoor Lighting & Signals (1)Require energy efficient, Dark-Sky compliant new or replacement outdoor lighting fixtures on city-owned buildings and facilities. (2)Require all new street lighting and traffic signals to be Dark-Sky compliant, energy efficient lighting technologies. (3)Modify any city franchise or other agreement with a utility to facilitate rapid replacement of inefficient street lighting. (4)Synchronize traffic signals so as minimize car idling at intersections yet maintain safe and publicly acceptable vehicle speeds. (5)Install solar powered lighting in a street, parking lot or park project. (6)Work with a utility program to relamp exterior building lighting for at least 30% of city- owned buildings with energy efficient, Dark-Sky compliant lighting. (7)Replace at least 50% of the city’s parking lot lighting with Dark-Sky compliant, energy efficient, automatic dimming lighting technologies. (8)Replace at least one-third of the city’s traffic signals with energy efficient LED lighting technologies. 5. Building Reuse (1)Develop and adopt an historic preservation ordinance to encourage adaptive reuse, with attention to energy and resource conservation, indoor air quality and other green building practices. (2)For cities with traditional downtown areas, implement the Main Street model for commercial revitalization with attention to green building practices. (3)Work with a local school to either add-on space, or to repurpose space into non-school uses, with attention to green building practices. (4)Create/modify a green residential remodeling assistance/financing program to assist homeowners in adding space to their existing homes while retaining historic architectural elements. (5)Adopt development and design standards that facilitate infill and redevelopment, such as developing strip/big box commercial areas into more livable/walkable neighborhoods and gathering places. 5 Land Use Best Practices 6. Comp Plan (1)Adopt/have an adopted comprehensive plan that is less than ten years old (required for Category A cities) OR, Category B and C cities may simply adopt a land use plan that was adopted by a regional entity or the county less than ten years ago. (2)Demonstrate that regulatory ordinances comply with the comprehensive plan including but not limited to having the zoning ordinance explicitly reference the comprehensive plan as the foundational document for decision making. (3)Include requirements in comprehensive plans for intergovernmental coordination dealing with at least six of the following issues: a.Transportation b.Watershed impacts c.Land use d.Economic development e.Housing and foreclosures f.Police g.Fire h.Health i.Sewer and water (4)Include provisions in the comprehensive plan that explicitly aim to achieve all of the following goals: a.Minimize the fragmentation and development of agricultural, forest, wildlife, and high quality open space lands in and around the city. b.For cities adjacent to undeveloped land: establish a growth area with staging criteria that reflects projected population growth and, if applicable, is subject to an orderly annexation agreement and planned extension of municipal services. c.Establish policies to reduce vehicle miles traveled. (5)Adopt climate protection or energy independence goals and objectives in the comprehensive plan or in a separate policy document, and link these goals to direct implementation recommendations. 7. Higher Density (1)Limit barriers to higher density housing by including in the city zoning ordinance and zoning map a zoning district that allows: a.Traditional urban neighborhood single-family density at six units per acre or greater. b.Multi-family housing at a gross density of at least 15 units per acre adjacent to a commercial zoning district or transit center. (2)Encourage higher density housing through at least two of the following strategies: a.Incorporate a flexible lot size/frontage requirement for infill development. b.Use density and floor area ratio (FAR) bonuses in selected residential zoning districts. c.Tie a regulatory standard to comprehensive plan language defining compact city expansion zones that limit sprawl. d.Allowing accessory dwelling units by right in selected zoning districts. (3)Encourage a higher intensity of commercial land uses through at least one of the following strategies: a.Include in the city zoning ordinance and zoning map a commercial district with reduced lot sizes and zero-lot-line setbacks, or a FAR minimum between .75 and 1. b.Set targets for the minimum number of employees/acre in different commercial zones. (4)Provide one or more of the following incentives for infill projects, or for life-cycle housing near job or retail centers, or for achieving an average net residential density of seven units per acre: a.Building permit fee discount. b.Expedited permit review. c.Grant or tax breaks. d.Other incentives. (5)Modify the city zoning ordinance and zoning map to allow, without variance or rezoning in at least one district, developments that meet the prerequisites for LEED-Neighborhood Development certification. 8. Mixed Uses (1)Create a main street program or organize a Minnesota Design Team planning charrette. (2)Locate or lease a new government facility that has at least two of these attributes: a.Near an existing employment or residential center. b.Accessible by walking and biking. c.Accessible by any existing regular transit service. (3)Modify a planned unit development – PUD - ordinance to emphasize mixed use development or to limit residential PUDs to areas adjacent to commercial development. (4)Certify a new development as complying with LEED-ND standards, including the mixed-use credits. (5)Create, or modify an existing, downtown zoning district to allow residential and small compatible commercial development, based on the 2009 Minnesota Model Ordinances for Sustainable Development. (6)Create, or modify an existing, district to use form-based zoning standards that de- emphasize use-based standards. (7)Create incentives for vertical mixed-use development in appropriate locations (downtown, commercial districts near colleges or universities, historic commercial districts). 9. Highway Development (1)Conduct a visual preference survey with community members and establish design goals for highway corridors. (2)Participate in regional economic development planning with representatives from surrounding townships, cities, the county and business interests to: a.Estimate commercial/industrial needs among all jurisdictions. b.Jointly implement recommendations to stage highway commercial development in order to avoid overbuilding and sprawl. (3)Adopt transportation infrastructure design standards that accomplish at least one of the following: a.Improve the ecologic functions of land adjacent to highway corridors. b.Facilitate clustering of commercial highway development. c.Context-sensitive design. (4)Adopt, with modifications as necessary, at least one of the following model ordinances: a.Model access management overlay b.Highway Commercial District c.Adequate Public Facilities ordinance that stages highway commercial development concurrently with infrastructure expansion. (5)Require decommissioning in development agreements for big box stores should they remain vacant for several years. 10. Conservation Design (1)Conduct a Natural Resource Inventory and Assessment (NRI and NRA) and incorporate protection of priority natural systems or resources through the subdivision or development process, as described in Minnesota’s 2009 Model Ordinances for Sustainable Development. (2)For cities outside or on the fringe of metropolitan areas, conduct a cost of public services study for development outside the city grid and adopt development standards or a concurrency ordinance to ensure staged urban growth that protects natural systems. (3)For cities within metropolitan areas, incorporate by policy woodland best management practices into zoning or development review. (4)For cities with undeveloped natural resource areas use, or adopt as policy the use of, a conservation design scorecard as a tool in negotiating development agreements. (5)Develop and fund a conservation easement program, such as a purchase of development rights program, in collaboration with a land trust. 4 Transportation Best Practices 11. Complete Green Streets (1)Adopt a complete streets policy that addresses street trees and stormwater, and modify street standards accordingly. (2)Adopt zoning language for a selected area/project that is substantially equivalent to the LEED for Neighborhood Development credits for Walkable Streets or Street Network. (3)Document the installation of trees, and green stormwater infrastructure, and utility renovations as needed (sewer, water, electric, telecommunications) as part of at least one complete street reconstruction project. (4)Identify and remedy non-complete street segments by, for example, adding a bike lane or sidewalk. (5)Identify and remedy street-trail gaps (at least one) between city streets and trails/bike trails to better facilitate walking and biking. (6)Implement traffic calming measures in at least one street redevelopment project. 12. Mobility Options (1)Promote walking, biking and transit use by one or more of the following means: a.Produce/distribute a map(s) and/or signage and/or a web site that shows (by neighborhood if a larger city) key civic/commercial sites, best bike and pedestrian routes, and transit routes and schedules. b.Increase the number of bike facilities: racks, bike stations, showers at city offices. c.Increase the number of bus facilities: signage, benches, and shelters. d.Increase the number of employers who offer qualified transportation fringe benefits instead of only a tax-free parking fringe benefit. e.Launch an Active Living campaign in concert with your local community health board. (2)Launch a Safe Routes to School program with educational, public health and other partners. (3)Prominently identify on the city’s web site mobility options for hire: transit services; paratransit/Dial-A-Ride; cab service(s); rental car agency(s). (4)Promote carpooling or on-demand ridesharing among community members, city employees, businesses, high schools and institutions of higher education. (5)Launch an eWorkPlace Minnesota campaign, working with business and transportation management organizations, or help bring telemedicine technology to a local health care provider. (6)Accomplish at least one of the following, working with other units of local governments as needed: a. Add/expand transit service. b.Launch a car sharing or bike sharing business. 13. City Fleets (1)Decrease use of city vehicles by means such as trip bundling, video conferencing, carpooling and financial incentives for efficient vehicle use. (2)Right-size the city fleet with the most fuel-efficient vehicles that are of an optimal size/capacity for their intended functions. (3)Document the phase-in of at least three of the following in vehicle contracts, for city or local transit fleets, or for school/park board fleets: a.Monthly monitoring and reporting for staff on fuel usage and costs. b.Training for more efficient driving, including anti-idling behavior/rules. c.Maintenance schedules that optimize vehicle life and fuel efficiency. d.Alternative fuel vehicles. e.Charging stations (solar or wind powered) for plug-in hybrid and full electric vehicles. f.Lower-carbon fuels (such as biodiesel, straight vegetable oil) using a life-cycle calculation. g.More fuel-efficient vehicles. h.Car share vehicles owned by a third party to decrease fleet size. i.Bicycles. (4)Phase in bike, foot or horseback police patrols. (5)Document that the local school bus fleet has optimized routes, start times, boundaries, vehicles, bus fuels, and driver actions to decrease fuel use. (6)Participate in Project GreenFleet to retrofit or replace diesel engines, or to install auxiliary power units that reduce truck and bus idling. 14. Demand-Side Travel Planning (1)In development standards, right-size parking minimum standards and add parking maximums in pedestrian-friendly or transit-served areas. (2)For cities with regular transit service, require or provide incentives for the siting of retail services at transit/density nodes. (3)For cities with regular transit service, require or provide incentives for the siting of higher density housing at transit/density nodes. (4)Incorporate demand-side transportation strategies into development regulations, adopting, with modifications as necessary, at least one of the following from Minnesota’s 2009 Updated Model Ordinances for Sustainable Development: a.Travel Demand Management Performance Standard b.Transit-oriented Development Ordinance (5)Document that a development project certifies under the LEED for Neighborhood Development program and is awarded at least one of the following credits: a.Transportation Demand Management. b.Housing and Jobs Proximity. 9 Environmental Management Best Practices 15. Environmental Purchasing (1)Adopt a policy or administrative policy directing that the city purchase only: a.EnergyStar certified equipment and appliances and b.Paper containing at least 30% post-consumer recycled content. (2)Purchase 15% of city energy requirements from renewable energy sources. (3)Establish a local purchasing preference and, working with a local business association, develop a list of locally-produced products and suppliers for common purchases. (4)Require purchase of U.S. EPA Water Sense-certified products for all product categories covered by the Water Sense program. (5)Set minimum standards for the percentage of recycled-content material in at least 5 products typically purchased by the city, such as asphalt and roadbed aggregate. (6)Require printing services to be purchased from companies certified by Minnesota Great Printers or by the Sustainable Green Printing Partnership. (7)Lower the environmental footprint of meetings and events in the city through one or more of the following: a.Adopt a policy for meetings and events hosted by city government. b.Adopt a policy for meetings and events taking place on city property, including parks and libraries. c.Distribute educational materials for use at city-supported events such as National Night Out. (8)Specify the use of state and national green standards/guidelines for at least 3 of the following categories of purchasing: a.Electronics b.Wood products c.Organic food d.Cleaning products e.Paints, coatings and adhesives f.Carpets g.Furniture h.Paper products 16. Urban Forests (1)Qualify as a Tree City USA. (2)Adopt as policy MN Tree Trusts’ Best Practices and use the guidelines in at least one development project to achieve an excellent an exemplary rating. (3)Budget tree installation and maintenance to, within 15 years, achieve the following tree canopy shading for streets, sidewalks and parking lots in the following zoning districts: a.At least 25% for industrial and commercial zoning. b.At least 75% for residential zoning. (4)Maximize tree planting along your main downtown street. (5)Adopt at least two of the following ordinances/policies: a.Adopt a policy of no net loss of specified natural landscapes. b.Adopt a policy relating to replacement of trees on public, or on public and private, property. c.Adopt landscaping/nuisance ordinances that promote, rather than create barriers for, native vegetation. 17. Stormwater (1)Complete the Blue Star City stormwater management assessment and achieve a minimum threshold of specific activities detailed in this program. (2)Adopt by ordinance one or more of the following: a.A narrower streets provision that permits construction of 22-foot roads. b.A 1.5 inch rainfall on-site rainwater infiltration design requirement for construction sites. c.A stormwater runoff volume limit to pre-development volumes for the 5-year, 24- hour rainfall maximum event. (3)Maintain less than 12% impermeable surfaces in the watershed in which the city lies. (4)Create a stormwater utility that uses variable fees to incentivize enhanced stormwater management and funds community stormwater infrastructure and assistance/education programs. (5)Adopt and implement design standards or guidelines for new development and re- development in the city establishing requirements for at least one of the following: a.Rain gardens. b.Green roofs with or without cisterns and water/greywater reuse systems. c.Green alleys. d.Green parking lots. (6)Adopt an ordinance with erosion and sediment control provisions as well are requirements for permanent stormwater treatment. 18. Green Infrastructure (1)Identify gaps and connectivity breaks in your city’s system of parks, trails and open spaces, and remedy at least one of them. (2)Plan and budget for a network of parks, green spaces, water features and trails in all new development areas. (3)Document at least one of the following: a.At least 20% of total city land area in protected green infrastructure (parks and protected natural resource areas and trails). b.All residents are within a ½ mile of a park or protected green space. (4)Adopt low-impact design standards in parks and trails that infiltrate or retain all 2 inch, 24- hour stormwater events on site. (5)Create park management standards that maximize at least one of the following: a.Low maintenance native landscaping. b.Organic or integrated pest management. c.Sources of non-potable water for irrigation. (6)Certify at least one golf course in the Audubon Cooperative Sanctuary Program for Golf Courses. (7)Construct all new park buildings to a green building standard, with special attention to highlighting and educating around the green features. (8)Develop a program to involve community members in land restoration and stewardship. 19. Surface Water (1)Assist at least one lake or river association to earn the Star Lake/River designation for their lake/river. (2)Assist at least one lake or river association to become Star Lake/River-ready by achieving a majority of the program requirements. (3)Work with other organizations to support citizen education about and involvement with actions to attain measurable, publicly announced lake, stream, ditch and wetland health improvement targets adopted by the city council and reported on each year. (4)Adopt a shoreland ordinance consistent with MN Dept. of Natural Resources rules as modified. 20. Water and Wastewater Facilities (1)Compare the energy use and performance of your facilities with other peer plants using standardized, free tools. (2)Plan and budget for motor maintenance and upgrades so as to assure the most energy efficient, durable and appropriate equipment is available when upgrades or break downs occur. (3)Establish an on-going budget and program for decreasing inflow and infiltration into sewer lines, involving at least gutter, foundation drains and sump pump disconnects. (4)Assess energy and chemicals use, inflow and infiltration volumes, water reuse potential and pollutants, and implement one-third of recommendations with a payback of less than 3 years. (5)Require property owners to have their private sanitary sewer lateral pipe inspected before a property sale or title transfer. (6)Implement at least one of the following projects/programs: a.Assist local businesses, institutions and/or residents in pre-treating and lowering volumes and toxicity of sewer inflows. b.Co-generate electricity and heat from the wastewater treatment plant. c.Reuse water (sell reclaimed water) from a wastewater plant for nonpotable ag- processing, irrigation or power plant uses. d.A greywater reuse system in at least one public or private building. 21. Septic Systems (1) Report to landowners suspected noncompliant or failing septic systems as part of an educational, informational and financial assistance and outreach program designed to trigger voluntary landowner action to improve septic systems. (2)Create a program that follows the five-step process for addressing failing septic systems developed by the University of Minnesota’s Onsite Sewage Treatment Program. (3)Implement one or more organizational options for the proper design, siting, installation, operation, monitoring and maintenance of septic systems. (4)Adopt a Subsurface Sewage Treatment System ordinance based on the Association of Minnesota Counties model ordinance template. (5)Create a program to finance septic systems upgrades through, for example, a city revenue bond, repayable through taxpayers’ property taxes. (6)Work with homeowners and businesses in environmentally sensitive areas and areas where standard septic systems are not the least-cost option to promote innovative waste water systems. (7)Arrange for assistance to commercial, retail and industrial businesses with water use reduction, pollution prevention and pretreatment prior to discharge to septics. 22. Solid Waste Reduction (1)Adopt percentage reduction goals for waste and toxicity generated from city operations (including schools, libraries, parks, municipal health care facilities). Accomplish reduction goals in at least three of the following areas: a.Overall waste generation b.Paper use and junk mail c.Pesticide/herbicide use d.Water use/waste water generation (2)Adopt and meet aggressive goals for the overall percentage diversion of currently disposed waste from city operations into recycling and organics collection. (3)Document signing of at least one resource management contract with a waste hauler for one or more of: a.City government operations. b.Schools, libraries, parks, or municipal health care facilities. c.A commercial or industrial business. (4)Publicize, promote and use the varied businesses collecting and marketing used and repaired consumer goods in the city/county. (5)Arrange for a residential or business/institutional organics collection/management program (food-to-people, food-to-animals, composting, anaerobic digestion, and backyard composting). (6)Organize residential solid waste collection by private and/or public operations to accomplish multiple benefits. (7)For cities that provide direct or contract waste collection services, offer volume-based pricing on residential garbage and/or feebates on recycling so that the price differences are large enough to increase recycling/composting but not illegal dumping. (8)Adopt a construction and demolition ordinance for projects over a specified size that mandates levels of recycling and reuse for materials and soil/land-clearing debris and is tied to demolition permits. 23. Local Air Quality (1)Conduct an education/financial assistance campaign around one of the following issues: a.Indoor wood burning behavior, to ensure that wood burning is only done with seasoned wood and in a manner that doesn’t negatively impact neighbors. b.Indoor wood burning technology, to result in community members upgrading from inefficient/more polluting fireplaces and wood stoves to natural gas stoves and fireplaces or the most efficient certified wood stoves. c.Smoker cars - older model/high polluting vehicles, to result in repairs spurred by repair vouchers. (2)Regulate outdoor wood burning, using model ordinance language, performance standards and bans as appropriate, for at least one of the following: a.Recreational burning. b.Outdoor wood boilers. (3)Conduct one or more education/behavior change campaigns on the topics below and document: a.Decreased vehicle idling in specific locales or by specific fleets. b.Increased sales by retail stores of low and no-VOC household products. c.Replacement of gasoline-powered equipment with lower polluting equipment. (4)Document the participation of at least 3 larger businesses/fleets in at least one of the following: a.Clean Air Minnesota’s Project GreenFleet. b.U.S. EPA’s SmartWay Transport program. c.Installation of auxiliary power units that reduce truck and bus idling. (5)Install at least two public charging stations for plug-in hybrid and full electric vehicles. 5 Economic and Community Development Best Practices 24. Benchmarks & Community Engagement (1) Report progress annually to community members on implementation of GreenStep City best practices, including energy/carbon benchmarking data if gathered. (2) Organize goals/outcome measures from all city plans – comprehensive, parks, library, housing, stormwater, drinking water, transportation, economic development, energy, sustainability, etc. – and annually report to community members data that show progress toward meeting these goals. (3) Engage community members in a public process involving a city council committee or community task force that results in city council adoption of and commitment to measure and report on progress toward sustainability indicators. (4) Conduct or support an energy efficiency or sustainability education and action campaign for: a. The entire community b. Homeowners c. Block clubs/neighborhood associations d. Congregations e. Schools and youth (5) Conduct or support a community education, visioning and planning initiative using a sustainability framework such as: a. Strong Towns b. Transition initiatives c. Eco-municipalities/The Natural Step d. ISO 14001 e. Post Carbon Cities f. Permaculture g. Natural Capitalism h. Genuine Progress i. Healthy communities j. Multi-generation learning 25. Green Business Development (1) Identify new and emerging local businesses in the green economy and support these businesses and green jobs through one or more of the following: a. Coordinated marketing and business assistance. b. Incubator space. c. Streamlined grants, loans or permitting processes. d. Workforce training opportunities with community colleges and job training centers. (2) Invite assistance providers, including utilities, to conduct personalized energy, environmental sustainability, benchmarking, and waste audits with at least 5 businesses. (3) Distribute green tourism resources to all tourism and hospitality businesses in the city and facilitate follow-up with at least five businesses to assist them in greening their business. (4) Support the creation of a value-added business utilizing local waste products, such as wood from felled trees or reusable deconstruction and landscaping materials. (5) Document steps taken to lower the environmental footprint of a brownfield remediation/redevelopment project. (6) Use a green business certification program to publicly promote that a targeted number or percentage of businesses has improved the environmental performance of their company. (7) Conduct or participate in a buy local campaign, working with local organizations and assistance providers. (8) Work with the state Small Business Environmental Assistance Program (SBEAP) to help at least 5 businesses to use SBEAP services. 26. Renewable Energy (1) Adopt, with modifications as necessary, at least one of the following from Minnesota’s 2009 Model Ordinances for Sustainable Development: a. Solar energy standards. b. Model wind energy ordinance. (2) Consistently promote at least one of the following: a. A local utility’s green power purchasing program for homes and businesses. b. Local, state and federal financial incentives for property owners to install renewable energy systems. (3) Create a renewable energy financing program for property owners to install generation capacity. (4) Promote firms that contract with property owners (in groups or individually) to install/finance renewable installations, some at little or no upfront cost. (5) Install a public sector renewable energy technology, such as solar electric (PV), solar hot water or hot air, micro-hydro or wind. (6) Work with private/public partners to create renewable energy generation capacity with one or more of the following attributes: a. Fueled by flowing water, wind, or biogas0-. b. Fueled in part or whole by woody biomass, optimized for minimal air and other environmental impacts and for energy efficiency and water conservation. c. Distributing heating/cooling services in a district energy system. d. Producing combined heat and power. 27. Local Food (1) Incorporate working landscapes - agriculture and forestry - into the city by adopting, with modifications as necessary, one or more of the 2009 Minnesota Model Ordinances for Sustainable Development: a. Agriculture and Forest Protection District b. Local Food Production District c. Performance Standards for Minor and Major Agricultural Retail. (2) Permit the incorporation of food growing areas/local food access into a residential development. (3) Expand/strengthen or create at least one of the following: a. A farmer’s market. b. A community-supported agriculture (CSA) - arrangement between farmers and community members/employees. c. A community or school garden, orchard or forest. d. A rural grocery store. (4) Conduct at least one of the following campaigns to measurably increase: a. Purchase of local and Minnesota-grown food. b. Backyard gardening. c. Institutional buying of local foods by schools, hospitals/nursing homes, restaurants and hotels, or grocery stores d. Sale of local food in markets and restaurants. 28. Business Synergies (1) Help at least three businesses register as users of the Minnesota Materials Exchange and document their exchanges/sales of byproducts with other local/regional businesses. (2) Assist at least one business, through a voluntary coordination or incentive program, to use waste heat or water discharge from another business or city facility. (3) Require, build or facilitate at least four of the following in a business/industrial project: a. Shared parking/access. b. Shared recreation /childcare facilities. c. A green job training program. d. Green product development, manufacturing or sales. e. Buildings located within walking distance of transit and/or residential zoning. f. Renovated buildings. g. Buildings designed for reuse. h. Green buildings built to exceed the Minnesota energy code. i. Combined heat and power (CHP) generation capacity. j. Shared geothermal heating/cooling. k. Low-impact site development. (4) Use eco-industrial park tools to identify industrial facilities that could achieve economic and environmental benefit by co-locating in the city’s industrial park or industrial zone. From among all the best practices (1 - 28), the "floating BP" requirement: TOTAL BEST PRACTICES IMPLEMENTED TO BE RECOGNIZED AS A STEP 3 GREENSTEP CITY Attachment 2 RESOLUTION NO. _____ CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION AUTHORIZING THE CITY OF MAPLEWOOD TO PARTICIPATE IN THE MINNESOTA GREENSTEP CITIES PROGRAM WHEREAS, uncertainty in energy prices and the transition away from fossil fuel energy sources present new challenges and opportunities to both the City of Maplewood and to the economic health of its citizens and businesses; and WHEREAS, climate changes have been observed in Minnesota and have the potential to negatively impact local, regional and state economies; infrastructure development; habitat; ecological communities, including native fish and wildlife populations; spread invasive species and exotic diseases; reduce drinking water supplies and recreational opportunities; and pose health threats to our citizens; and WHEREAS, local governments have the unique opportunity to achieve both energy use and climate change gas reductions through building and facilities management; land use and transportation planning; environmental management; and through economic and community development; and WHEREAS, efforts to address energy and climate issues provide an opportunity to move toward energy self-reliance and greater community resiliency; provide environmentally healthy and cheaper-to-operate public buildings; encourage new economic development and local jobs; and support local food and renewable energy production; and WHEREAS, the City of Maplewood has adopted the U.S. Mayors Climate Protection Agreement on June 23, 2008, which commits the city to reducing emissions and pollution in city operations and the community; and WHEREAS, in September 2008 the City of Maplewood formed a working group (Maplewood Green Team) to review and make recommendations on how the city can realistically and feasibly reduce emissions and pollution now and in the future based on the goals and objectives of the U.S. Mayors Climate Protection Agreement; and WHEREAS, Minnesota Session Laws 2008, Chapter 356, Section 13 directed the Minnesota Pollution Control Agency (“MPCA”) and Office of Energy Security in the Department of Commerce (“Office of Energy Security”), in collaboration with Clean Energy Resource Teams (“CERTs”), to recommend municipal actions and policies that work toward meeting the State’s greenhouse gas emissions reduction goals; and WHEREAS, the Next Generation Act of 2007, Minnesota Session Laws 2007 - Chapter 136: (1) sets State greenhouse gas emissions reduction goals of cutting emissions to 15 percent below 2005 levels by 2015, 30 percent below 2005 levels by 2025, and 80 percent below 2005 levels by 2050; (2) sets a State energy conservation goal of achieving annual energy savings equal to 1.5 percent of annual retail energy sales of electricity and natural gas; (3) establishes an energy policy goal that the per capita use of fossil fuel as an energy input be reduced by 15 percent by the year 2015, through increased reliance on energy efficiency and renewable energy alternatives; (4) establishes an energy policy goal that 25 percent of the electricity used in the state be derived from renewable energy resources by the year 2025; and WHEREAS, a broad coalition of public and private stakeholders including the League of Minnesota Cities, the MPCA, Office of Energy Security and CERTs responded to the 2008 legislation by establishing the Minnesota GreenStep Cities program to provide a series of sustainable development best practices focusing on local government opportunities to reduce energy use and greenhouse gases; and WHEREAS, the Minnesota GreenStep Cities program assists in facilitating technical assistance for the implementation of these sustainable development best practices; and WHEREAS, the Minnesota GreenStep Cities program provides cost-effective sustainable development best practices in the following five categories: (1) Buildings and Lighting; (2) Transportation; (3) Land Use; (4) Environmental Management; and (5) Economic and Community Development; NOW, THEREFORE, be it resolved that the City Council of the City of Maplewood does hereby authorize the City of Maplewood (the “City”) to participate in the Minnesota GreenStep Cities program. Be it further resolved that the City: 1. Appoints Shann Finwall, Environmental Planner, to serve as the city’s GreenStep coordinator to facilitate best practice implementation;and 2. Will facilitate the involvement of community members, civic, business and educational organizations, and other units of government as appropriate in the planning, promoting and implementing of GreenStep Cities best practices; and 3. Will identify a short list of best practices for initial implementation by March 2011; and 4. Will claim credit for having implemented and will implement in total at least 16 required and optional GreenStep best practices that will result in energy use reduction, economic savings and reduction in the community’s greenhouse gas footprint. A summary of the city’s implementation of best practices will be posted on the Minnesota GreenStep Cities web site. Adopted this ____ day of December 13, 2010. By: Attest: _______________________________ ____________________________________ Mayor City Clerk 2 Item G18 MEMORANDUM TO: FROM: DATE: SUBJECT: AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer / Dep. Public Works Director Scott Schultz, Utility / Fleet Superintendent SUBJECT: Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 1, Lift Station No. 8 Upgrades, Project 10-01 DATE: December 7, 2010 INTRODUCTION The council will consider approving the attached resolution directing the modification of the existing construction contract. This change order reflects an increase in the construction contract due to additional work being performed. BACKGROUND/ DISCUSSION On July 26, 2010, the council awarded a construction contract to Magney Construction, Inc. in the amount of $144,650.00. The construction contract included upgrades to improve the pumping efficiency and decrease the annual maintenance costs. Change Order No. 1 is necessary for the following items: Floats changed from north wet well to south wet well $1,697.50 Coating pipes and fittings in valve vault $1,746.38 $3,443.88 BUDGET Change Order No. 1 will increase the current construction contract by $3,443.88 from $144,650.00, to $148,093.88. RECOMMENDATION It is recommended that the council approve the attached Resolution Directing Modification of Existing Construction Contract, Change Order No.1, for City Project 10-01. Attachments: 1. Resolution 2. Change Order No.1 3. Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 10-01, CHANGE ORDER NO. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 10-01, Lift Station No. 8 Upgrades, and has let a construction contract pursuant to Minnesota Statutes, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 10-01, Change Order No.1. 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.1 in the amount of $3,443.88. The revised contract amount is $148,093.88 . CHANGE ORDER NO. 1 3535 Vadnais Center Drive, St. Paul, MN 55110-5196651.490.2000800.325.2055651.490.2150 FAX City of MaplewoodDecember 7, 2010 OwnerDate 10-01111227 MAPLE Owner Project No.State Project Nos.SEH File No. Lift Station 8, Demolition, Recondition, Well Pumps and Electrical ControlsMaplewood MN Project NameProject Location The following changes shall be made to the contract documents: Description: oat te ppes anttngsn te vave vaut an reocate wet weoatsrom nort we to sout we Chidfiiihlldlllflfhllhll. Basis of Cost:ActualEstimated y Attachments (list supporting documents) ee attace Shd Contract Status TimeCost Original contract: $144,650.00 Net change from prior change orders: $0.00 Change this change order: $3,443.88 Revised contract: $148,093.88 Recommended for Approval:Short Elliott Hendrickson Inc. By: Title:Project Manager Agreed to by Contractor:Approved for Owner: Magney Construction, Inc.City of Maplewood ByByDate TitleTitle Lift Station #8 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 (February 1, 2010), The Lawrence Group;February 1, 2010 for County parcel and property records data; February 2010 for commercial MEMORANDUM TO: FROM: SUBJECT:Open Spaceand Parks District (OSP) Ordinance DATE: INTRODUCTION DISCUSSION 8LI'SQQYRMX]4EVOWWIVZIEFVSEHIVTYVTSWIERHJYRGXMSRXLERRIMKLFSVLSSHTEVOW*SGYWMWSRQIIXMRK GSQQYRMX]FEWIHVIGVIEXMSREPRIIHWEW[IPPEWTVIWIVZMRKYRMUYIPERHWGETIWERHSTIRWTEGIW COMMISSION ACTION RECOMMENDATION Attachment 1 ORDINANCE NO. ___ AN ORDINANCE AMENDING THE MAPLEWOOD ZONING CODE TO CREATE A OPEN SPACE AND PARKS (OSP) ZONING DISTRICT Section 1. This amendment revises Section 44-6, Definitions, to read as follows (additions are underlined): Section 44-6. Definitions. Open SpaceandParks means properties that are publicly ownedwhich are used or planned as open space or park lands. Section 2.This amendment revises Section 44-9to read as follows(additions are underlined): Section 44-9. Zoning Districts. OSP OpenSpaceandParks F Farm Residence District R-1 Residence District (Single Dwelling) R-1R Rural Conservation Dwelling District R-1S Small-Lot 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 Commercial District LBC Limited Business Commercial District BCM Business Commercial Modified District SC Shopping Center District M1 Light Manufacturing District M2 Heavy Manufacturing District MU Mixed Use Zoning District Attachment 1 Section 3. This amendment revises Article II,District Regulations,by changing Division 1 of the District Regulations to read as follows(additions areunderlined and deletions are crossed out): ARTICLE II. DISTRICT REGULATIONS DIVISION 1. GENERALLYOPEN SPACE AND PARKS DISTRICT (OSP) Section 44-46. Purpose and Intent. The OSPdistrict is designed to be a public park and open space district. Public parks and open space may be owned oroperated by Maplewood, Ramsey County or any other public body. All improvements within these districts must be consistent with the MaplewoodComprehensive Land Use Plan. Section44-47. Permitted Uses The onlyuses permitted in the open space andparks district, are the following: Public open space and park lands. Section 44-48.Development Guidelines Improvements and structures within open space lands andpublic parks with recreational facilities and structuresshall be consistent with the Maplewood Comprehensive Land Use Plan and developed in conformance with the site-development requirements stipulated in the Maplewood Zoning Ordinance. Sections 44-49 – 44-70. Reserved. Section 4. This ordinance shall take effect upon publication. The Maplewood City Council approved this ordinance on ____________, 2011. ____________________________ Mayor Attest: _____________________________ City Clerk Attachment 2 DRAFT MINUTESOF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, NOVEMBER 16, 2010 6.NEW BUSINESS a.Parks and Open Space District (POS) Ordinance a.Senior Planner, Tom Ekstrand gave the report on the (POS) Ordinance and answered questions of the council. Commissioner Trippler moved to approve the ordinance amending the Maplewood zoning code to create a parks and open space (POS) zoning districtwith the recommended changes discussed with staff during the meeting. Seconded by Commissioner Bierbaum. Ayes – All The motion passed. THIS PAGE IS INTENTIONALLY LEFT BLANK AGENDA REPORT TO FROM: SUBJECT:Consideration of Solar Array at MCC DATE:December 7, 2010 INTRODUCTION Attachment A DISCUSSION Attachment B Attachment C Attachment D Attachment E Attachment F an appraisal of the value of the system is required en vogue. Attachment G Attachment H CONCLUSION AGENDA REPORT TO FROM: SUBJECT:Financing Plan and Exclusive Contract for Solar Panel Installation at Maplewood Community Center DATE:November 3, 2010 INTRODUCTION Summary of Proposal and Financing Plan Analysis Recommended Action SOLAR SYSTEM PURCHASE AGREEMENT THIS AGREEMENT (hereinafter this "Purchase Order") is made this _____ day of December 2010, by and between the City of Maplewood, Minnesota, a Minnesota municipal corporation, (“Buyer”), and Parsons Electric, a ________ (the “Seller”). Seller and Buyer shall be referred to hereunder individually as a “Party” and collectively as the “Parties.” Seller desires to perform services and furnish equipment and material to construct and commission an approximately 40 kw photovoltaic solar system to be installed on the roof of the <__________><City of Maplewood Community Center located at County Road B and White Bear Avenue>, as more particularly described in Exhibit A(hereinafter the "Energy System"). Any specifications for the equipment, materials, or performance of the Energy System described in Exhibit A shall be considered the “Specifications”. The Buyer will on or about the date of this agreement enter into that certain Facility Lease Agreement (the “Lease Agreement”) pursuant to which the Buyer will lease the Energy System to ECS Maplewood, LLC (the “Operator”). The Operator and the Buyer will on or about the date of this Agreement enter into that certain Power Purchase Agreement (the “Power Purchase Agreement”) pursuant to which the Operator will sell power generated by the Energy System to the Buyer. The Power Purchase Agreement together with the Lease Agreement are herein referred to as the “Related Documents”. 1.Price and Payment Terms : Price: Buyer agrees to pay Seller the expected sum of $329,000 as consideration for the delivery of A. the Energy System (the “Price”). The Price shall be paid at Final Project Completion. Final Project Completion means the date on which all components of the Energy System have been installed, the Energy System has been interconnected with the building energy meter, the Energy System has been demonstrated to be capable of producing electrical power in accordance with its design specifications, the Seller has certified that all third-party inspections necessary for the Energy System to be placed in operation have been successfully completed, and the Energy System is lien-free. The Price shall include all taxes (including, but not limited to, use, gross receipts, excise, franchise and value added taxes). The Price(s) shall include all import or export duties, licenses, fees and other sums due any governmental entity (or division thereof) which either party is required to pay as a result of the sale of the services, equipment and materialscovered by this Purchase Order. Payment Terms: Payment of the Price shall consist of Buyer assigning to Seller its right to receive, B. and any payments received by the Buyer under (i) that certain State of Minnesota Grant Contract between the Buyer and the Minnesota Department of Commerce providing for ARRA funds for the Energy System in the expected amount of approximately $100,000; (ii) payments made with respect to the Energy System under the Solar Rewards Program conducted by Xcel Energy in the expected amount of approximately $90,000; (iii) payments made with respect to the Energy System under the Minnesota Made program conducted by Xcel Energy in the expected gross amount of approximately $<140,000><110,000>payable over a period of years; (iv) any federal tax credits under Internal Revenue Code Sec. 48 or grants in lieu thereof, including so-called 1603 grants; and (v) any other tax credit, grant, rebate or refund relating to the construction of the Energy System. The Buyer shall cooperate with the Seller in applying for and qualifying for such payments, provided that the Buyer shall not be obligated to incur any out of pocket costs in such cooperation. The Buyer shall execute such documents or assignments as are reasonably requested by the Seller toevidence the assignments provided for hereunder. The Buyer shall not be obligated to use any funds other than those identified in this paragraph for the payment of the Price, and Buyer’s only payment obligation shall consist of making the assignments in this paragraph. If after reasonable Page 1 of 9 efforts of the Seller and Buyer, there is a reduction in the amounts expected to be received under such funding sources, such reduction shall be borne by the Seller as a reduction in Price. The Seller agrees that to the extent the payments under this paragraph are not available at the time of Final Project Completion, such payments shall be considered deferred payments for the Energy System. The Seller represents that the expected present value of the current payments and deferred payments measured at the time of Final Project Completion will be $329,000. Warranties 2. : Services, Equipment and Materials excluding PV Panels and Inverters: The warranty in this A. Section 5.A applies to all of Seller’s services, equipment and materials hereunder with the exception of (i) photovoltaic panels and (ii) DC/AC inverters. Seller warrants that the Energy System shall be constructed with reasonable care and in a good and workmanlike manner of the type exercised by other professionals of comparable services; that the Energy System shall be completed in accordance with the Specifications; and that when completed, the Energy System shall be free from defects in workmanship and from defect in design and suitable for its intended purpose. Seller further warrants that all equipment and materials provided will be new and that unless otherwise provided, no surplus, rebuilt, reconditioned or used equipment or materials shall be provided. Seller specifically warrants its products for a period equal to 60 months from the date of Final Project Completion. Within fifteen (15) days of receipt of written notice from Buyer of a warranty claim, Seller shall, if required by Buyer, at Seller’s sole expense, correct any condition in the Energy System that fails to conform to the above warranties. Seller shall provide such additional certification as Buyer may require to verify that the repairs or replacements comply with the requirements of the Purchase Order. The expense of all work incidental to such correction, re-performance, repair, replacement, or testing shall be borne solely by Seller. If Seller fails within a reasonable time or refuses to repair, replace, correct or reperform as required by Buyer, Buyer may, at its sole discretion, repair, replace, correct, reperform or take other remedial action. Seller shall indemnify Buyer for all costs so incurred, provided that said costs are approved in advance in writing by Seller, approval not to be unreasonably withheld. Neither the inspection by Buyer, nor the failure of Buyer to inform Seller of any defect in the Equipment, shall relieve Seller of any of its obligations under this Purchase Order, nor shall the same be interpreted as implying acceptance of any such defect by Buyer. However, Seller shall provide Buyer with notice after discovery of any defects. These warranties shall survive any delivery, approval, inspection, acceptance or payment and no such delivery, approval, inspection, acceptance or payment shall be deemed to waive any of Buyer’s rights hereunder. These warranties are conditioned upon proper use and maintenance of the Equipment. These warranties do not cover ordinary wear and tear. Page 2 of 9 Seller’s obligation under this portion of the warranty and Buyer’s sole remedy for any breach of warranted performance is limited to and shall be fully discharged by Seller repairing any defective element, or replacing same. PV Panels and Inverters : PV Panels and inverters will be covered by manufacturer’s warranties, all B. of which will be assignedto Buyer. Buyer acknowledges that it has had the opportunity to review the choice of PV panels and inverters. Nothing in this Section 5.B will relieve the Seller from its obligation to utilize PV panels and inverters conforming to the Specifications. The services required to design, construct and install such items will be included in the warranties under Section 5.A. Seller disclaims any warranty for defects in the PV panels or inverters. For a period of 60 months from Final Project Completion, the Seller shall act as Buyer’s representative in pursuing any warranty claims against the manufacture of the PV panels and the inverters. Compliance with Regulations : Seller warrants that the installation of the Energy System will C. comply with all applicable Federal, state and local laws and regulations and codes. No Liens: Seller warrants that the Energy System shall be delivered free and clear of all liens and D. encumbrances. Presentation by Seller of a lien waiver executed by Seller shall be a condition precedent to Final Project Completion. Exclusivity: The warranties set forth herein are exclusive and made in lieu of all other warranties E. whether statutory, expressed or implied including warranties of merchantability and fitness for a particular purpose and warranties arising from course of dealing or usage of trade. Energy Performance Guarantees: Seller guarantees that the Energy System shall provide a F. minimum of $3,000 annual utility savings to Buyer for each of 10 years beginning with the Final Project Completion.<> 3.Progress in Performance: No Substitutions: Seller shall not substitute for any brand, manufacturer, material or other A. characteristic of any component in the Specifications, whether or not of comparable quality, without Buyer’s prior written consent. Reporting of Anticipated Delay: Buyer shall proceed diligently with work required under this B. Purchase Order in order to achieve Final Project Completion on or about ____, 2011. If Seller becomes aware that, for any reason, it will notbe able to deliver the Energy System by such date, Seller shall notify Buyer in writing of the anticipated delay and its expected duration, the reason for the delay, and Seller’s plans to expedite to provide assurance that all efforts are being made to mitigate the delay. 4.Termination for Convenience or for Default: Cancellation: Buyer may, at its option, terminate this Purchase Order, upon written notice to A. Seller. Immediately upon receipt of such notice, Seller shall stop performance hereunder except as may otherwise be directed by Buyer. In case of termination, Seller shall deliver to Buyer such portions of the completed Energy System, supplies, materials, designs, drawings and other information Seller has acquired or prepared under this Purchase Order as Buyer may request, in accordance with Buyer’s directions. Buyer shall pay Seller an amount equal to Seller’s costs incurred in fulfillment of this Purchase Order prior to the termination date. The amounts due to Seller hereunder shall in no caseexceed the total purchase price set forth on the face of this Page 3 of 9 Purchase Order. Payment of such amount shall be due within forty-five (45) days of the date of Buyer’s receipt of Seller’s request for payment hereunder, together with documentation supporting such request. In the absence of agreement otherwise, the amount due for work done shall be the entire purchase price due under this Purchase Order less the cost amount of completing performance. Termination for Cause: If Seller (1) becomes insolvent; (2) has a petition under any chapter of the B. bankruptcy laws filed by or against it; (3) makes a general assignment for the benefit of its creditors; (4) has a receiver requested for or appointed to it; or (5) fails to comply with any of its obligations under the Purchase Order, then Buyer may, at its option, either cure the default at Seller’s expense or terminate this Purchase Order after first giving Seller three (3) days’ written notice to cure such default, unless Seller cures the default within that period. Upon such termination, Buyer may (i) take possession of the Energy System components covered by this Purchase Order wherever they may be and in whatever state of completion they may be, together with all drawings and other information necessary to enable Buyer to have them completed, installed, operated, maintained and/or repaired; (ii) pay to Seller any amount then due under this Purchase Order; (iii) contract with or employ any other party or parties to finish the Goods and/or Services; and (iv) collect from the Seller any additional expense, losses or damage which Buyer may suffer as a result of termination hereunder or of the default which resulted in such termination. 5.Delivery and Acceptance : The Energy System shall be received subject to Buyer’s inspection and testing. Payment by Buyer shall not be deemed to indicate acceptance. Acceptance shall include the following: (1) the Energy System has satisfied all tests and guarantees identified in the Purchase Order documents; and (2) Seller has delivered to Buyer all documentation required under the terms of this Purchase Order, including, but not limited to, installation manuals, operation manuals, maintenance manuals, and as-built drawings. 6.Changes : Buyer may by its written notice or order authorize changes in the Specifications, provided that the Price is adjusted to reflect any increase or decrease in Seller’s costs for such change, plus a reasonable amount for profit. Seller shall submit its request for such changes to the Price within five (5) business days of receipt of Buyer’s request for such changes to the Purchase Order. Any dispute over the proposed revisions to the Purchase Order shall be resolved as provided at Article 10 below. 7.Title and Risk of Loss: Title to the Energy System and to all materials, inventory, work in progress, design data, and other documentation and all contract rights related to the foregoing, shall vest in Buyer upon delivery upon Final Project Completion. Prior to delivery, Seller shall bear all risk of loss for all equipment and materials in its care, custody or control. 8.Insurance: Prior to commencing performance under this Purchase Order, Seller shall procure and shall maintain in force throughout the term of this Purchase Order (including all applicable warranty periods) insurance as specified below: A.Sellershall carry worker's compensation and employer's liability insurance as prescribed by the state or states in which work is being performed under this Purchase Order. Seller shallalso carry commercial general liability, including auto liability and umbrella form excess liability insurance. B.Certificates of the insuring coverages be delivered by Seller to Buyer before Seller commences performance under this Purchase Order. Page 4 of 9 9.Indemnities: A.Seller’s Indemnification Obligations. Seller shall comply with all federal, state and local laws and regulations in connection with the performance of its obligations under this Purchase Order. Seller shall indemnify and hold the Buyer harmless from and against any and all suits, claims, liability, losses, liens, attorney’s fees, costs, penalties and damages of any kind arising out of, directly or indirectly, Seller’s failure to comply with any such laws or regulations, breach of anywarranty of Seller or of any of its obligations under this Purchase Order, or any negligent or willful acts of Seller or of any of Seller’s agents or employees. B.Buyer’s Indemnification Obligations . Buyer shall comply with all federal, state and locallaws and regulations in connection with the performance of its obligations under this Purchase Order. Buyer shall indemnify and hold the Seller harmless from and against any and all suits, claims, liability, losses, liens, attorney’s fees, costs, penalties and damages of any kind arising out of, directly or indirectly, Buyer’s failure to comply with any such laws or regulations, breach of any warranty of Buyer or of any of its obligations under this Purchase Order, or any negligent or willful acts of Buyer or of any of Buyer’s agents or employees. 10.Claims and Disputes: In the event of any controversy or claim arising out of or related to this Purchase Order, or the interpretation, termination or breach hereof, Seller and Buyer shall, upon the written request of the other, attempt to resolve the matter by agreement of the representatives of each of them. Such representatives shall be at least one management level above the individuals who have had direct responsibility for performance of the Purchase Order, or the highest level of management of any party whose highest level of management has had direct responsibility for such performance. Such representatives shall meet in person or by telephone or teleconference at least once, and shall attempt to resolve any matter raised by either of them by the written notice requesting such resolution for a period of at least thirty (30) days. In the event that Seller and Buyer are unable to resolve the dispute by agreement of such representatives within such 30-day period, then at the written request of either party, the parties shall submit the matter to mediation under the then current rules of mediation and conciliation of the American Arbitration Association. Seller and Buyer shall attempt to resolve the matter submitted to mediation under this Article 10 within thirty (30) days after the date of delivery of the written request for mediation. Neither party shall commence litigation against the other unless and until it has first complied with this Article 10. The arbitration proceedings shall be held in the State of Minnesota at a location designated by Buyer. Except as expressly provided to the contrary in this Purchase Order, in any dispute arising under this Purchase Order, each party shall bear its own attorney fees, expenses and court costs. 11. General Provisions: Assignment: This Purchase Order is binding upon and inures to the benefit of Buyer, Seller and A. their respective successors, legal representatives and assigns. Notwithstanding the foregoing, Seller shall not assign this Purchase Order without the prior written consent of Buyer, and any attempted assignment without such written consent shall be void. B.Independent Contractors: Seller is acting as an independent contract, and nothing herein contained shall be deemed to make Seller a partner, agent, or joint venturer of Buyer or to imply or impose any other relationship between Seller and Buyer. Page 5 of 9 C.Severability: If any word or provision of this Purchase Order shall violate any applicable statute, ordinance or rule of law in any jurisdiction in which it is used, such provision shall be ineffective to the extent of such violation without invalidating any other provision of this Purchase Order. D.Entire Subcontract; Waiver; Amendment :This Purchase Order shall constitute the full and complete agreement between the parties hereto with respect to the subject matter hereof. There are no statements, agreements, understandings, representations or trade customs of any kind, express or implied, concerning the subject matter which are not merged herein or superseded hereby. A waiver of any of the terms of this Purchase Order shall not bind either party unless signed by one of its duly authorized representatives. Waiver by either party of anydefault by the other party hereunder shall not be deemed a waiver by such party of any default by the other which may occur thereafter. This Purchase Order may only be modified or amended by an agreement in writing executed by both parties hereto. E.Governing Law : The Purchase Order shall be governed by the law of Minnesota. F.Notices: Notices to be given to either Party shall be given by mail to the following addresses, unless a difference address shall be later specified in writing by either Party: If notice or other transmittal (other than payment of invoices) is to City: The City of Maplewood, Minnesota _______________________ _______________________ Attention: _______________ If notice or other transmittal is to Seller: Parsons Electric c/o Electrical Consulting Solutions 5960 Main Street NE Fridley, Minnesota 55432 Attn.: _________ Telephone Number: (763) 528-2263 Facsimile Number: (763) 571-7210 Page 6 of 9 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seal the day and year first written above. BUYER:SELLER: City of MaplewoodParsons Electric By:____________________________________By:_________________________________ Name (Printed):_______Name (Printed):_______________________ Title:___________________Title:________________________________ Date:___________________________________Date:________________________________ Page 7 of 9 EXHIBIT A DESCRIPTION AND SPECIFICATIONS OF SYSTEM [description and specifications to be provided] <____><Four> hours of on-site training of Buyer’s personnel in the safe and efficient operation, care and maintenance of the Energy System (this service to be scheduled at Buyer’s discretion, subject to 15 days advance notice to Seller). <5644085v2> Page 8 of 9 Input: Legend: <Insertion > <Deletion > <Moved from > <Moved to > Style change Format change Moved deletion Statistics: FACILITY LEASE AGREEMENT THIS FACILITY LEASE AGREEMENT is made and entered into as of <November><December> ___, 2010 (“Agreement”) by and between the city of Maplewood, Minnesota, a Minnesota municipal corporation (the “Landlord”), and ECS Maplewood, LLC,a Minnesota limited liability corporation (the “Tenant”), a wholly owned subsidiary of Parsons Electric. Landlord and Tenant are sometimes referred to in this Agreement individually as “Party” or jointly as the “Parties”. RECITALS WHEREAS , Landlord owns that real propertylocated at <______________________><County Road B and White Bear Avenue, Maplewood Minnesota, presently used as a community center> and more particularly described in Exhibit A attached hereto (the “Property”); and WHEREAS , Tenant desires to lease from Landlord, and Landlord desires to lease to Tenant, a portion of the Property for the construction and operation of a solar energy generation system, subject to the terms and conditions of this Agreement. WHEREAS , Landlord has arranged to acquire the energy generation system from an affiliate of Tenant, and Landlord desires to lease the same to Tenant subject to the terms and conditions of this Agreement. NOW, THEREFORE , for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged in exchange for a lease of the Property and Energy System, the Parties agree as follows: 1.0 Leased Space. Landlord hereby leases to Tenant and Tenant accepts from Landlord the following: (i) approximately _______ square feet of space on the roof of the building located on the Property <and [_______ square feet of space to be designated in the mechanical room for the purpose of installing the meter] >(the “Leased Space”) more particularly described in Exhibit B, and (ii) the photovoltaic energy generation system to be installed on the Leased Space including <rights to place wiring to the point of electrical interconnection, including >but not limited to the equipment identified in Exhibit C (the “Energy System”< and together with the Leased Space, the “Leased Property”>)<.> 2.0Acquisition of Energy System. Upon completion of the Energy System, Tenant shall execute, or cause to be executed, a bill of sale for the Energy System in favor of the Landlord for $1.00 and other good and valuable consideration. 3.0Access to Leased <Space and Leased Energy System><Property>. Landlord grants to Tenant the right to access <its><the> Leased <Space and Energy System><Property> by reasonable route or routes over the Property upon prior notice to Landlord. Landlord will cooperate with Tenant to access the meter or any other part of the Energy System which is not located in the Leased <Space><Property>. 1 4.0 Permitted Use of Leased Space. During the Term, Tenant shall have the exclusive right to use the Leased Space for the construction, installation, operation, maintenance, repair, replacement, relocation, reconfiguration, removal, alteration, modification, improvement, use and enjoyment of the Energy System and other necessary and incidental uses for the operation of the Energy System (“Permitted Uses”). Tenant may not erect any other facilities or use any other equipment on the Leased Space that is not expressly permitted under the terms of this Agreement without first obtaining Landlord’s written consent, which consent shall not be unreasonably withheld, delayed or conditioned provided the other facilities or equipment are necessary for the operation of the Energy System. 5.0 Term.This Agreement shall be in effect beginning on the date that Tenant commences installation of the Energy System (“Commencement Date”), and shall expire on the date that is twenty (20) years after after the commencement of commercial operations of the Energy System (the “Placed in Service Date”). TheTenant shall give the Landlord five (5) calendar days advance written notice of the Comment [HK1]: Norm~ I think we should initiate the lease term at the date of commission of Commencement Date. Within ten (10) calendar days after the Placed in Service Date, Landlord and the system, not the date of the initiation of Tenant shall execute a document setting forth the actual Placed in Service Date and the actual square construction. This would create an odd disconnect between the term of solar rewards and the lease term footage of the Leased Space as of the Placed in Service Date, which shall be attached to and constitute a b/t ECS and Maplewood wouldn't it? part of this Agreement. 6.0 Rent. 6.1Rent of Leased Space. Beginning on the first anniversary of the Commencement Date and continuing on each anniversary of thereof throughout the Term, Tenant shall pay to Landlord, without notice, demand or offset of any type, $<4,000.00><2,000.00> for the Leased Space. Comment [HK2]: Is this now the final amount of OUR lease with ECS? 6.2Rent of Energy System. Beginning on the firstanniversary of the Commencement Date and continuing on each anniversary of thereof throughout the Term, Tenant shall pay to Landlord in advance, without notice, demand or offset of any type, $1.00 for the Energy System. 7.0 Holdover. If Tenant holds over after expiration of the Term, such tenancy shall be month-to-month subject to the terms and conditions of this Agreement. Either Party may terminate such month-to-month tenancy at any time upon no less than 30 days written notice to the other Party. 8.0Operating Permits.Tenant shall, at its sole expense, maintain in full force and effect all certificates, permits and other approvals (“Operating Permits”) required by any federal, state or local authorities having jurisdiction over Tenant or the Leased Space (“Governmental Authorities”). If any required Operating Permits are canceled, expire, lapse or are otherwise withdrawn or terminated by any Governmental Authority so that Tenant is unable to operate its Energy System on the Leased Space and the Operating Permits are not reinstated within 30 days after Tenant receives written notice thereof, Landlord may terminate this Agreement upon 30 days written notice to Tenant. Tenant shall provide to Landlord at its request a copy of any required Operating Permits.<> 9.0 Ownership and Maintenance of Energy System. 2 9.1 Energy System Remains the Property of Landlord. The Parties agree that any and all fixtures, equipment, improvements or personal property of whatsoever nature at any time constructed or placed on or affixed to the Leased Space by Tenant, including but not limited to the Energy System shall be and remain the property of Landlord. Tenant shall leave the Energy System at the end of the Term in substantially the same condition as existed immediately prior to the Term, ordinary wear and tear and casualty damage excepted. Tenant shall execute, or cause to be executed, a bill of sale in favor of the Landlord upon completion of the Energy System. 9.2 Repair During Term. Tenant shall have theright at any time during the Term to repair, relocate, reconfigure, alter, modify or replace the Energy System. Tenant shall repair any damage to the Property, with contractors approved by Landlord (such approval not to be unreasonably withheld), that results from its repair, relocation, reconfiguration, alteration, modification or replacement of the Energy System<. Landlord shall have the right at any time to access the Leased Space to inspect, maintain or repair the roof and components thereof. Tenant, at its own cost, shall temporarily remove such components of the Energy System as will interfere with the Landlord’s inspection, maintenance or repair of the roof, and shall replace such components upon Landlord’s notice that such work of the Landlord iscomplete. Landlord shall give 60 days notice to Tenant of any such maintenance or repair work to be done, unless in an emergency, in which case Landlord shall give such notice as is possible. If Tenant shall fail to remove any interfering components of the Energy System, Landlord shall have the right to do so, at Tenant’s cost, provided that any damage to the Energy System caused by Landlord, and which is not inherent in the removal process, shall be at Landlord’s cost>. 9.3 Tenant Maintenance Obligations.Tenant, at Tenant’s sole cost and expense, Comment [HK3]: Norm~ To make my client a bit more comfortable with the lease, it would be agrees to keep and maintain, or cause to be kept and maintained, the Energy System in good condition great to address the issue of 'condition of equipemnt' and repair. Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant for at termination or end of this lease. 'ordinary wear and tear' does not tell us much regarding a quarter- which claims are or may be secured by any mechanic’s or materialmen’s liens against the Leased Space million dollar system. or the Property. Tenant shall notify Landlord at least ten (10) days prior to the commencement of construction of any Tenant’s work and Landlord shall have the right to post and record a notice of nonresponsibility in conformity with applicable law. Within ten (10) days following completion of Tenant’s work, Tenant shall file a Notice of Completion and deliver to Landlord an unconditional release and waiver of lien executed by each contractor, subcontractor and materialman involved in Tenant’s work. In the event any lien is filed against the Leased Space or any portion thereof or against Tenant’s leasehold interest therein, Tenant shall obtain the release and/or discharge of said lien (which may be by procurement and recordation of a mechanic’s lien release bond meeting the requirements of Minnesota Statutes § 514.10), within ten (10) days after the filing thereof. In the event Tenant fails to do so, Landlord may obtain the release and/or discharge of said lien and Tenant shall indemnify Landlord for the costs thereof, including reasonable attorney’s fees, together with interest at the Applicable Interest Rate, as published monthly by the Internal RevenueService, from the date of demand. Nothing herein shall prohibit Tenant from contesting the validity of any such asserted claim, provided Tenant has furnished to Landlord a lien release bond freeing the Premises from the effect of the lien claim. Tenant acknowledges that the building has a low parapet at the roof and does not have fall protection around the perimeter. It is the responsibility of Tenant to take all necessary actions to ensure that Tenant’s employees have a safe work environment and comply with all government regulations. Tenant shall indemnify and hold harmless Landlord from any claims, damages, losses and 3 expenses arising from Tenant’s employees due to the low parapet; provided however, that such indemnification obligation shall not applyto any such claims, damages, losses and expenses arising from the gross negligence or intentional misconduct of Landlord and Landlord’s employees, agents and contractors. 9.4 Utilities. Prior to delinquency, Tenant shall pay all taxes and assessments levied upon the Energy System and other personal property located and/or installed on the Property by Tenant; and Tenant shall provide Landlord copies of receipts for payment of all such taxes and assessments. To the extent any such taxes are not separately assessed or billed to Tenant, Tenant shall pay the amount thereof as reasonably invoiced by Landlord. Tenant shall pay all utility costs and applicable personal property taxes incurred in connection with the Energy System within thirty (30) days after receipt of a written invoice setting forth such utility costs and applicable personal property taxes. 10.0 Interference. 10.1 Interference by Tenant. Tenant shall operate the Energy System in a manner that will not unreasonably interfere with any equipment operated and/or owned by the Landlord or Property occupant. All operations by Tenant shall be lawful and in compliance with all regulations and requirements of the Minnesota Public Utilities Commission, as well as any other applicable state, federal or local regulations and requirements (“Legal Requirements”), provided, however, that minor violations of Legal Requirements that do not result in an adverse effect on the Landlord, the Property occupant, the Property or the Leased Space shall not constitute a default under this Agreement. 10.2 Interference by Landlord. Subsequent to the installation of the Energy System, Landlord shall not, and shall not cause or permit any other persons or parties to, install equipment or facilities or construct orallow any construction of a structure or structures (“New Construction”) near the Leased Space if such New Construction will interfere with the Energy System as determined by Tenant in its sole discretion. Landlord shall not move, modify, remove, adjust,alter, change, replace, reconfigure or operate the Energy System, or any part of it, during the term of the Agreement, without prior written direction or approval of Tenant, except if there is an occurrence reasonably deemed by the Landlord to be a bona fide emergency, in which case Landlord will immediately notify Tenant of such emergency and Landlord’s proposed actions. Landlord shall be responsible for any damage to the Energy System caused by the gross negligence or intentional misconduct of Landlord or Landlord’s employeesor agents, and shall promptly pay all costs to repair such damage to the Energy System and shall immediately notify Tenant of any such occurrence. 11.0 Environmental Provisions. 11.1 Definitions. “Environmental Law” shall mean any applicable federal, state, regional or local law, regulation, decision of the courts, ordinance, rule, code, order, directive, guideline, permit, or permit conditions which as of the date of this Agreement relates in any way to worker or workplace safety, environmental conditions, environmental quality or policy, or health and safety issues or concerns (including product safety), including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, (42 USC, §§9601 et seq.), the Resource Conservation and Recovery Act (42 USC, §§6901 et seq.), the Toxic Substance Control Act 4 (29 USC §§2601, et seq.), the Occupational Safety and Health Act (29 USC §§651 et seq.),the Minnesota Occupational Safety and Health Act (Minnesota Statutes §§182 et seq.), and applicable regulations or rules promulgated thereunder. “Hazardous Material” shall mean any chemical, substance, material, controlled substance, object, condition, solid or hazardous waste or combination thereof which is hazardous to human health or safety or the environment due to its ignitability, corrosivity, reactivity, toxicity, or other harmful or potentially harmful properties or affects, including but not limited to any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials, and substances defined as “hazardous substances,” “hazardous material,” “hazardous wastes,” or “toxic substances” in, under or pursuant to any Environmental Law (as that term is defined above), oil or petroleum and petroleum products, asbestos, and any asbestos containing materials, radon, polychlorinated biphenyls (PCBs), urea formaldehyde insulation, lead paints and coatings, and all of those chemicals, substances, materials, controlled substances, objects, conditions and waste or combinations thereof which as of the date of this Agreement are listed, defined or regulated in any manner by any applicable federal, state or local Environmental Law (as that term is defined above). For purposes of this Agreement, the terms “encumbrance” and “encroachment” shall not be deemed to include the presence of any Hazardous Material contamination on, in or under the Property or its underlying groundwater. 11.2 Indemnification for Hazardous Materials. If during preparation for or construction of the Energy System Hazardous Materials are identified in, on or under the Property, construction shall cease immediately and Tenant shall notify Landlord of the presence of Hazardous Materials in writing. Landlord shalldetermine the nature and extent of the Hazardous Materials and Landlord shall comply with all Environmental Laws regarding the Hazardous Materials. If it is determined that Tenant was responsible for the deposit of the Hazardous Materials on the Property, Tenant shall be responsible for the investigation and remediation of such Hazardous Materials and shall promptly pay one hundred percent (100%) of the investigation and remediation costs incurred in connection therewith, otherwise Landlord shall promptlypay all such investigation and remediation costs. 11.3 No Deposit of Hazardous Materials. Each Party shall not, and shall not cause or permit any other person or entity to, release, store, bring upon, dispose of or transport to or from the Leased Space any Hazardous Materials or by-products or waste from such Hazardous Materials, except as necessary to operate the Energy System. 12.0 Insurance. 12.1 Insurance to be Maintained by Tenant. At all times during this Agreement, Tenant shall provide and maintain, at Tenant’s expense, the following types of insurance: 12.1.1 General Liability Insurance. Tenant shall maintain commercial general liability policy or policies, insuring against liability arising from bodily injury and property damage. Suchcoverage shall be in an amount of not less than One Million Dollars ($1,000,000.00) in limits per occurrence. 5 12.1.2 Automobile Liability Insurance. Tenant shall maintain an automobile liability policy or policies insuring against liability for damages because of bodily injury, death, or damage to property, occurring in any way related to the use, loading or unloading of any of Tenant’s automobiles (including owned, non-owned, leased, rented and/or hired vehicles). Such coverage shall be in an amount of not less than One Million Dollars ($1,000,000.00) combined single limit. 12.1.3 Workers’ Compensation Insurance and Employers’ Liability Insurance. In accordance with Minnesota state law, Tenant shall maintain in force workers’ compensation insurance for all of its employees. Tenant shall also maintain employer’s liability coverage in an amount of not less than One Million Dollars ($1,000,000.00) per accident and per employee for disease. 13.0 Tenant’s Indemnification. Tenant shall indemnify, defend and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, successors and assigns (individually and collectively, “Landlord’s Parties”), against direct damages, actions, claims, costs, expenses and liabilities, including but not limited to reasonable attorney’s fees and expenses (collectively, “Losses”) incurred by Landlord’s Parties caused by or arising from Tenant’s negligence, malfeasance or willful misconduct in engaging in the Permitted Uses of the Leased Space or Tenant’s material breach or default in the performance of Tenant’s obligations under this Agreement, except to the extent that such Losses are caused by or arise from Landlord’sor Landlord’s agents’ or employees’gross negligence, malfeasance or willful misconduct. 14.0. Miscellaneous Provisions. 14.1Entire Agreement; Amendment. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof, superseding all negotiations, prior discussions and preliminary agreements made prior to the date hereof. This Agreement may not be modified, amended or changed in any way except in a written instrument executed by both Parties. 14.2 Section Heading and Construction. The section headings contained in this Agreement shall not be considered to be a part hereof for purposes of interpreting or applying this Agreement, but are for convenience only. 14.3 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any lawsuit brought in connection with this Agreement (as may be permitted hereunder) shall be brought in the appropriate court of the County of Ramsey, State of Minnesota. 14.4 Binding on Successors. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, successors, and assigns. 14.5 Attorneys’ Fees. If either Party files any action or brings any proceeding against the other arising from or related to this Agreement, then the prevailing party shall be entitled to recover from the other party as an element of its costs of suit and not as damages, reasonable attorneys’ fees, 6 costs and expenses incurred in the action or proceeding, including any appeal thereof. The “prevailing party” within the meaning of this Section 12.5 shall mean the Party to the action or proceeding who is entitled to recover its costs of suit for the proceeding, whether or not the same proceeds to final judgment. A Party not entitled to recover its costs shall not recover attorneys’ fees. 14.6 Notices. All notices to be given under this Agreement shall be in writing and either: sent by a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with this courier, or by telecopy or similar means, if a copy of the notice is also sent by United States mail, in which case notice shall be deemed delivered upon transmittal by telecopier or other similar means provided that a transmission report is generated reflecting the accurate transmission of the notices, as follows: If to Tenant: ECS Maplewood, LLC c/o Electrical Consulting Solutions 5960Main Street NE Fridley, Minnesota 55432 Attn.: President Telephone Number: (763) 528-2263 Facsimile Number: (763) 571-7210 If to Landlord: The City of Maplewood ______________________________ ______________________________ Attn.: __________________________________ Telephone Number: (___) _____________ Facsimile Number: (___) _____________ Either Party may change the address or persons to which notices are to be sent to it by giving the written notice that such change of address or persons to the other Party in the manner provided for giving notice. 14.7 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original. 14.8 Quiet Possession. Landlord agrees that upon compliance with the terms and conditions of this Agreement, Tenant shall peaceably and quietly have, hold and enjoy the leased space for the Term and any extension(s) thereof. Landlord covenants that Tenant shall at all times have the 7 right to quiet use and enjoyment of the leased space during the term of this Agreement and any extension thereof. 14.9 Authorized Representatives. Each person executing this Agreement on a Party’s behalf represents and warrants he or she has been duly authorized to execute the same on such Party’s behalf. 14.10Memorandum of Lease. Promptly after execution of this Agreement, the Parties shall cause a Memorandum of Lease in the form attached hereto as Exhibit E and incorporated herein to be recorded in the official records of the county in which the Property is located. [The rest of this page has been intentionally left blank] 8 IN WITNESS WHEREOF , the Parties have read this Agreement, understand it and agree to be bound by its terms as of the date first set forth above. LANDLORD: THE CITY OF MAPLEWOOD, MINNESOTA By: __________________________________ Name: __________________________ Title: ___________________________ TENANT: ECS MAPLEWOOD, LLC By: Name: Title: 9 EXHIBIT A DESCRIPTION OF PROPERTY 10 EXHIBIT B DESCRIPTION OF LEASED SPACE 11 EXHIBIT C EQUIPMENT List of equipment: Photovoltaic panels Terminal box Mounting pads Conduit Combiner Box(es) Transformer DC to AC power inverter Disconnect switches Combiner box(es) Generation output meter Power output meter I/O panel box 12 EXHIBIT D MEMORANDUM OF LEASE RECORDING REQUESTED BY AND SPACE ABOVE THIS LINE RESERVED WHEN RECORDED MAIL TO:FOR RECORD'S USE ECS Maplewood, LLC c/o Electrical Consulting Solutions 5960 Main Street NE Fridley, Minnesota 55432 <MAIL TAX STATEMENTS TO:> <ECS Maplewood, LLC> <c/o Electrical Consulting Solutions> <5960 Main Street NE> <Fridley, Minnesota 55432> <APN: _____________________> MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE (this “Memorandum”) is made <November><December> ___, 2010, by and between the city of Maplewood, Minnesota, a Minnesota municipal corporation (“Landlord”), and ECS Maplewood, LLC, a Minnesota limited liability company (“Tenant”). 1.Grant of Lease. For $1.00 and good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord hereby leases to Tenant and Tenant accepts from Landlord the Leased Space defined in the Lease, that is located on the real property described on Exhibit A attached hereto. 2. Terms and Conditions. The terms and conditions upon which Landlord leases to Tenant and Tenant hires from Landlord the Leased Space are set forth in that certain Facility Lease Agreement, dated as of <________><December >___, 2010 by and between Landlord and Tenant (the “Lease”). The terms and conditions of the Lease are incorporated herein by reference. This Memorandum is prepared for the purpose of recordation and in no way modifies the terms and conditions of the Lease. If there is any inconsistency between the terms and conditions of the Memorandum and the terms and conditions of the Lease, the terms and conditions of the Lease shall control. 3.Lease Term. The term of the Lease commences on _________ ___, 2011, and expires twenty (20) years thereafter. IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Lease to be duly executed on the day and year first above written. LANDLORD: THE CITY OF MAPLEWOOD, MINNESOTA By: Name: ________________________ Title: ________________________ <TENANT:> <_______________________________________> <By:> <Name: ________________________> <Title: ________________________> <ACKNOWLEDGEMENTS> STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On <November><December> ___, 2010, before me, ______________________________, Notary Public, personally appeared __________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. _________________________ <(SEAL)> Notary Public <[signature page to Memorandum of Lease between City of Maplewood and ECS Maplewood, LLC]> <TENANT:> <_______________________________________> <By: > <Name: ________________________> <Title: ________________________> STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On <November><December> ___, 2010, before me, ______________________________, Notary Public, personally appeared ______________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. _________________________ <(SEAL)> Notary Public < ACKNOWLEDGEMENTS> <> 5619773v<2><3> MINNESOTA SOLAR*REWARDS CUSTOMER CONTRACT Application ID:____________ Customer-Sited Photovoltaic (PV) Systems Greater than 0.5 kW and Less than 40 kW DC Nameplate Capacity This Contract is made and entered into by and between Northern States Power Company, a Minnesota corporation, having a mailing address of 414 Nicollet Mall, Minneapolis, Minnesota 55401 ("Company"), and __________ (whether one or more, “Customer”), whose mailing address for billing and notice purposes is:____________________, concerning electric service at the following address: ______________________ (the “Service Address”). 1. Fact Background. a. Customer will be installing the electric generating facilities described in Exhibit 1 (the “PV System”) and meeting the requirements stated in this Contract, with a nameplate capacity rated at greater than 0.5 kilowatts and less than 40 kilowatts direct current (“DC”), on property located at the Service Address. b. Customer’s PV System also meets the requirements of the Minnesota Public Utilities Commission (the “Commission”) Rules Chapter 7835 on Cogeneration and Small Power Production and any technical standards for interconnection the Company has established that are authorized by those Rules. c. Customer is prepared to generate electricity in parallel with the Company using the PV System. d. Customer has submitted to Company an application and paid an application fee of $250.00, to participate in Company’s Solar*Rewards program using the PV System. e. The Company is obligated under federal and Minnesota state law to interconnect with Customer and to purchase electricity generated by Customer through qualifying facilities and offered for sale to Company by Customer. f. Customer and Company enter into this Contract which sets out the terms and conditions for the purchase and sale of the electricity generated by the PV System (“Solar*Rewards Program”), and related matters. Minnesota Solar*Rewards Customer Contract Page 1 of 13 2. Purchases and Sales of Electricity. Customer and Company agree: a. Company will sell electricity to Customer under the rate schedule in force for the class of customer to which Customer belongs. b. Customer agrees to supply electricity generated by the PV System in the form of ___ phase, ___ wire, alternating current at the nominal frequency of 60 hertz, and at a nominal voltage of ___. c. Company will buy electricity generated by the PV System from Customer under the applicable Company rate schedule filed with the Commission. Customer elects to sell electricity generated by the PV System in excess of Customer’s own use under the terms of the following Company tariff: Net Energy Billing Service, Rate Code A50 Purchase and Sale Billing Service, Rate Code A51 Time of Day Purchase Service, Rate Code A52 A copy of the currently filed elected tariff is attached as Exhibit 2. The rates, terms and conditions for sales and purchases of electricity may be changed over the time this Contract is in force, due to actions of the Company or of the Commission, and Customer and Company agree that sales and purchases will be made under the rates in effect each month during the time this Contract is in force. d. Customer will pay a monthly metering charge under the Company tariff elected by the Customer, provided in Exhibit 2, and according to meter installation requirements in Section 5b. The monthly metering charge pays for the cost and installation of a bi-directional meter at the Service Address which measures electricity delivered by the Company to the Customer and energy received by the Company from the Customer, and the associated billing, operating and maintenance expenses. The metering charge may be changed over the time this Contract is in force, due to actions of the Company or of the Commission, and Customer and Company agree that the metering charge will be under the rates in effect each month during the time this Contract is in force. e. The Company will compute the charges and payments for purchases and sales of electricity for each billing period. If the payments for electricity generated by the PV System and sold to Company exceed the charges for electricity which the Company supplies and sells to Customer (i.e. net positive production by the PV System), the credit will accumulate on the Company’s billing statement to Customer and will be paid by check to Customer within fifteen (15) days of the billing date once the accumulated credit exceeds $25.00. Minnesota Solar*Rewards Customer Contract Page 2 of 13 f. Company may stop providing electricity to Customer during a system emergency, without notice. Company will give Customer prior notice by telephone or regular U.S. mail when Company is to stop providing electricity in non-emergency circumstances. The Company will not discriminate against Customer when it stops providing electricity or when it resumes providing electricity. Company may stop purchasing electricity from Customer when necessary to construct, install, maintain, repair, replace, remove, investigate or inspect any equipment or facilities within its electric system when this activity would be adversely affected if customer were supplying power to the system. Company will give Customer prior notice by telephone or regular U.S. mail letter when Company will stop purchasing electricity from Customer. 3. Ownership of Renewable Energy Credits. Customer and Company agree: a. On the terms and subject to the conditions set forth in this Contract, the Customer agrees to convey to the Company and the Company will own all of the Renewable Energy Credits (“RECs”), defined in Section 5(l) below generated by the PV System at the Service Address for a term of twenty (20) years from the installation date set forth in the “Actual System Installation Information” attached to this Contract as Exhibit 1. b. In consideration for Customer’s participation in Company’s Solar*Rewards Program, Company shall make a one (1) time payment to Customer of $2.25 per watt DC capacity that is installed, to be paid by Company to Customer in the form of a check and not as a bill credit, within thirty (30) business days of Customer’s delivery to Company of (i) completed Exhibit 1, certifying installation of the PV System at the Service Address, and (ii) a certified test report verifying successful completion of testing procedures on the PV System. 4. Representations by Customer. Customer hereby makes the following representations and warranties to Company: a. Customer warrants that the person signing this Contract on behalf of Customer is authorized and competent to sign this Contract and to bind Customer to the terms of this Contract. b. Customer receives electric service from Company at the Service Address set forth above, is the person in whose name electric service is listed at the Service Address, and is the owner of the property at the Service Address. c. Customer is an end-use electric consumer located within the electric service territory of Company in Minnesota whose primary business is not the generation of electricity for retail or wholesale sale from the Minnesota Solar*Rewards Customer Contract Page 3 of 13 same facility. Customer is not installing the PV System at the Service Address in connection with a business of developing or improving real estate for resale. d. Customer shall install a new PV System at the Service Address, which shall have at least a five (5) year warranty, and shall be installed as of the date set forth, and conform to the specifications, tilt and orientation described in Exhibit 1 as completed and delivered to Company by Customer. e. The PV System shall be located on the Customer’s facilities at the Service Address at all times during the term of this Contract. f. The PV System has a minimum nameplate DC output capacity of 500 watts and a maximum capacity of less than 40 kilowatts. g. PV equipment including, but not limited to modules, inverters, etc., as described in Customer’s completed Exhibit 1 shall meet eligibility requirements when listed as qualified on the Company website: www.xcelenergy.com/solar. h. The orientation of the PV System is free of shade from trees, buildings and other obstructions that might shade the orientation of the system measured from the center point of the solar array through a horizontal angle plus or minus 60 degrees and through a vertical angle between 15 degrees and 90 degrees above the horizontal plane. 5. Requirements for PV System Installation, Operation, and Maintenance. Energy Audit. a. Customer is required to conduct an Energy Audit for the building at the Service Address which hosts a PV system, at Customer’s expense, in compliance with Company’s Energy Audit program prior to Company’s payment made as described in Section 3b, unless such audit has been completed within the past three years, or (for residential customers) the Customer’s home was ENERGY STAR-certified under the Company’s ENERGY STAR homes project, or (for business customers) the Customer participated in the Commercial Real Estate, Energy Design Assistance, Energy Efficient Buildings, or Recommissioning programs. Based on the results of Customer’s Energy Audit and in order to participate in the Solar*Rewards Program, Customer may be required by Company to implement certain Energy Efficiency Options that the Energy Audit identifies as an effective Energy Efficiency Solution. Metering. b. Two meters are required to be installed at the Service Address. One meter is located at the main service and is a bi-directional meter that will record energy delivered to the Customer from the Company, Minnesota Solar*Rewards Customer Contract Page 4 of 13 and energy received by the Company from Customer. Installation of a bi-directional meter may not be required if the configuration of Customer’s facilities allows and a previously installed bi-directional meter provides the information necessary for billing purposes. The second (Production) meter will record energy generated by the PV System only. The Company shall install, or cause to be installed, own, operate and maintain the Production meter to measure the AC production of the PV System, at the Company’s expense and including the cost of the Production meter itself. Customer will provide all meter housing and socket replacement and rewiring to install both meters. Customer shall be charged monthly the metering charge described in Section 2(d) above for the bi-directional meter. The metering charge assumes common use of all Company facilities up to the metering point, for both receipt and delivery of energy. Any additional facilities required by Company to accommodate the PV System will require Customer to pay a net interconnection charge in advance. c. Company shall receive all net energy, if any, generated by the PV System at the Service Address and not consumed by the Customer. If the production of the PV System is more than the Customer’s usage as measured by the Company’s meter, the negative consumption (i.e. net energy delivered to the Company) as measured by the Company’s meter shall be considered as net energy and Customer shall be compensated as provided in Sections 2(c) and (e) above. Onsite use of energy generated by the PV System shall be unmetered for purposes of compensation. Interconnection to Company Distribution System. d. Company will permit Customer to connect the PV System to Company’s distribution system on the load side of Customer’s meter. The connection must be made through a Customer provided, Customer installed National Electrical Manufacturer’s Association-approved, manual disconnect switch of adequate ampere capacity. The switch shall not open the neutral when the switch is open. This switch shall have provisions for being padlocked in the open position with a standard Company padlock. Customer agrees to locate the switch in a position accessible to Company personnel on the building exterior within ten (10) feet of the main service meter, unless another location is identified and approved in advance by Company. Customer further agrees that the switch may be operated by Company personnel at all times that such operation is deemed necessary by Company for safety and operating reasons. If the PV System uses commuted synchronous inverters, the inverters shall be connected on the load side (PV System side) of the safety disconnect switch. e. Customer shall pay Company for the actual, reasonable costs of interconnection, which will be determined by Company and communicated to Customer upon Company’s receipt of Customer’s application to participate in Company’s Solar*Rewards Program. Customer must pay these costs to Company before Company will perform any work to its electric distribution system relating to Customer’s PV System. Minnesota Solar*Rewards Customer Contract Page 5 of 13 Interconnection to Company Distribution System. f. Customer shall provide the necessary equipment as approved by Company to operate the PV System in parallel with Company’s distribution system. The PV System must be equipped to instantaneously discontinue all output to and energization of Company’s distribution system under any of the following conditions: 1. De-energized Company system 2. Sustained line faults on Company’s system 3. Faults on Customer’s PV System Customer shall consult with Company regarding these minimum requirements, additional protections recommended by Company, and proper operation of Customer’s PV System. Since the power factor and the voltage at which Company’s system and Customer’s PV System are operated will vary, Customer and Company agree to operate their respective systems at a power factor as near unity as possible in such manner as to absorb its share of the reactive power, and voltage as conducive to the best operating standards. g. Customer shall supply to Company a single-line diagram and associated equipment list for the PV System control circuitry to enable Company to determine if the PV System safety equipment provides a level of safety consistent with the safety level required by the Company. The singleline diagram shall show all major equipment of the PV System, including visual isolation equipment, Point of Common Coupling, Point of Delivery for Generation Systems that intentionally export, ownership of equipment and the location of metering. h. Customer understands and agrees that the Grid Inter-Tie Inverter System used in conjunction with its PV System must be certified as meeting the requirements of UL 1741. i. Customer understands and agrees that as additional cogeneration facilities are connected to the Company distribution system, Company may require Customer to install additional safety devices at Customer’s expense. j. Customer shall provide to Company for approval a copy of the test procedure that will be used to verify the protection and operation of the PV System. The PV system cannot backfeed the Company system upon loss of the utility source. If analysis of the proposed PV System by Company reveals that it is capable of backfeed into the Company lines during distribution outages, Customer shall immediately disconnect the PV from the Company distribution system and shall only reconnect the PV System through a Customer-provided, Company approved, interconnect device that will prevent backfeed. Customer shall notify Company at least two (2) weeks in advance of the testing of the PV System and Company reserves Minnesota Solar*Rewards Customer Contract Page 6 of 13 the right to witness the testing. Customer shall provide to Company a copy of the certified test report verifying that the test procedure was successful. k. Customer agrees to disconnect the PV System from the Company distribution system or to reimburse Company for cost of necessary system modifications if operation of the PV System causes radio, television or electrical service interference to other customers, or interference with the operation of Company’s system. l. For purposes of this Contract, these terms have the following meanings: “Area EPS” is an electric power system (EPS) that serves Local EPSs. Note: typically an Area EPS has primary access to public rights-of- way, priority crossing of property boundaries, etc. The Company is an Area EPS. “EPS” (Electric Power System) are facilities that deliver electric power to a load. Note: this may include generation units. “Generation” is any device producing electrical energy, for example, rotating generators driven by wind, steam turbines, internal combustion engines, hydraulic turbines, solar, fuel cells, or any other electric producing device, including energy storage technologies. “Generation System” is the interconnected generator(s), controls, relays, switches, breakers, transformers, inverters and associated wiring and cables, up to the Point of Common Coupling. “Grid Inter-Tie Inverter” is a device that converts DC electricity to AC electricity. A Grid Inter-Tie Inverter also has been specifically designed and constructed to safely interconnect with an Area EPS. For purposes of this Contract, a Grid Inter-Tie Inverter is also designed and tested to meet the requirements of IEEE 1547 and ANSI 929 standards. If the Grid Inter-Tie Inverter is tested under UL 1741, it meets these aforementioned requirements. “Local EPS” is an electric power system (EPS) contained entirely within a single premises or group of premises. “Point of Common Coupling” is the point where the Local EPS is connected to the Company. “Point of Delivery” is the point where the energy changes possession from one party to the other. Typically this will be where the metering is installed but it is not required that the Point of Delivery is the same as where the energy is metered. “Renewable Energy Credits” or “RECs” are all attributes of an environmental or other nature that are created or otherwise arise from the PV System’s generation of energy using solar energy as a fuel, including, but not limited to, tags, certificates or similar products or rights associated with solar energy as a "green" or "renewable" electric generation resource, including any and all environmental air quality credits, emission reductions, off-sets, allowances or other benefits related to the generation of energy from the PV System that reduces, displaces or off-sets emissions resulting from fuel combustion at another location pursuant to any existing or future international, federal, state or local legislation or regulation or voluntary agreement, and the aggregate amount of credits, offsets or other benefits including any rights, attributes or credits arising from or eligible for consideration in the M-RETS program or any similar program pursuant to any international, federal, state or local legislation or regulation or voluntary agreement and any renewable energy certificates issued pursuant to any program, information system or tracking system associated with the renewable energy generated from the PV System. RECs Minnesota Solar*Rewards Customer Contract Page 7 of 13 do not include any federal, state or local tax credits, cash grants, production incentives or similar tax or cash benefits for which Customer or the PV System are eligible or which either receives, or any depreciation, expenses, credits, benefits or other federal, state or local tax treatment for which Customer or the PV System is eligible or that either receives Installation, Operation and Maintenance of PV System. m. Customer agrees that its installation of the PV System will be in compliance with all applicable electric codes and the PV System will be operated only after the installation has been inspected and approved by the appropriate authorities. Customer shall be solely responsible for ensuring that the PV System equipment as installed and operated meets all applicable codes, standards, and regulatory requirements. Customer understands and agrees that Company’s approval of the proposed or installed PV System does not preclude the necessity of Customer obtaining all required permits, building and zoning variations and applicable inspections. n. The proposed installation of the PV System will be reviewed by Company to determine adequacy of the associated Company distribution system components. Customer agrees to reimburse Company for the addition, modification, or replacement of any distribution system components made necessary by Customer’s PV system installation. o. Customer shall effectively ground the PV System installation and to provide and install adequate surge arrester protection to prevent lighting damage to any Company distribution system equipment. p. Customer shall maintain the PV System and the individual components of the system in good working order at all times during the term of this Contract. The Company shall have no responsibility for the maintenance or repair of the PV System, or for its installation or removal. If during the term of this Contract the PV System or any of the individual components of the system should be damaged or destroyed, Customer shall promptly repair or replace the equipment to its original specifications, tilt and orientation as set forth in Exhibit 1 at Customer’s sole expense. q. Customer will give the Company reasonable access to Customer’s property and PV System if the configuration of those facilities does not permit disconnection or testing from the Company's side of the interconnection. If the Company enters Customer's property, the Company will remain responsible for its personnel. r. Customer must operate its PV System within any rules, regulations, and policies adopted by the Company not prohibited by the Commission’s rules on Cogeneration and Small Power Production which provide reasonable technical connection and operating specifications for Customer (Company's Rules Minnesota Solar*Rewards Customer Contract Page 8 of 13 and Regulations Applicable to Cogeneration and Small Power Production Facilities are attached as Exhibit 3). s. Customer will operate its PV System so that it conforms to the national, state, and local electric and safety codes, and Customer will be responsible for the costs of conformance. Additional Requirements . t. This Contract shall apply to new PV solar equipment only. Used equipment does not qualify for the payment described in Section 3b. u. Customer shall comply with all of the rules stated in Company’s applicable electric tariff related to photovoltaic systems, as the same may be revised from time to time. The Company's rules, regulations, and policies must conform to the Commission's rules on Cogeneration and Small Power Production. In the event of any conflict between the terms of this Contract and Company’s electric tariff, the provisions of the tariff shall control. v. Customer will obtain and keep in force liability insurance against personal or property damage due to the installation, interconnection, and operation of its PV System. The amount of insurance coverage will be $300,000. Customer shall provide proof of this insurance prior to interconnection of the PV System to the Company’s distribution system. 6. Limitations and Liabilities. a. Qualification for the one-time payment from Company does not imply any representation or warranty by Company of the design, installation, or operation of the PV equipment, and Company expressly disclaims any and all warranties of the equipment as to workmanship, quality, or performance, including the fitness of the equipment for the purpose intended. b. Company shall not be responsible or liable for any personal injury or property damage caused by the PV System or any individual component equipment of the system. Company shall not be liable for failure or fault in the delivery of electrical energy to Customer or for total or partial interruption of service caused by accidents, breakdown of equipment, acts of God, floods, storms, fires, strikes, riots, war, terrorist attacks, sabotage, labor disputes, shortage of materials, the forces or nature, the authority and orders of government, and other causes or contingencies of whatever nature beyond the reasonable control of the Company, or which reasonably could not have been anticipated and avoided by the Company. c. Nothing in this Contract shall be construed as any representation or warranty by Company of the design, installation or operation of the PV System or any component thereof, and Company expressly Minnesota Solar*Rewards Customer Contract Page 9 of 13 disclaims any and all warranties of the equipment as to workmanship, quality, or performance, including the fitness of the equipment for the purpose intended. d. Company shall not be liable for revenue lost by Customer due to Company’s inability to purchase or wheel energy generated by the PV System. e. Customer shall indemnify, defend, and hold Company, its employees, agents, successors, assigns, subsidiaries and affiliates harmless against any and all claims, demands, liens, lawsuits, judgments or actions of whatsoever nature that may be brought on account of the installation, maintenance, operation, repair, or replacement of the PV System or any component equipment of the system. Company shall not be liable to the Customer for any punitive, special, exemplary or consequential damages, including but not limited to, lost profits, loss of use, and costs of replacement, whether based in contract, tort, upon any theory of indemnity, or otherwise. Company makes no warranty or representation concerning the taxable consequences, if any, to Customer with respect to its onetime payment to Customer for participation in the Solar*Rewards Program, or compensation for electric service sold to Company from the operation of Customer’s PV System (if any), and Customer is urged to seek professional advice regarding this issue. 7. Commencement and Term; Assignment; Enforceability. a. This Contract becomes effective as soon as it is signed by the Customer and the Company and shall continue for a term of twenty (20) years. b. This Contract is assignable by Customer to any subsequent purchaser of Customer’s premises at the Service Address. Company shall have ownership of all RECs produced by the PV System during the twenty (20) year term of this Contract. In order for an assignment to be effective, Customer is required to provide to assignee the following documents: Assignment Agreement, a copy of this Contract, and any remaining warranty information for the PV System. Customer is released from any and all future liability under this Contract upon its effective assignment. c. This Contract and the terms contained in the Contract shall be binding and enforceable against the parties, their successors and assigns for as long as the Contract remains in effect. d. This Contract does not waive Customer's right to bring a dispute before the Commission as authorized by Minnesota Rules, parts 7835.4800, 7835.5800, and 7835.4500, and any other provision of the Commission's rules on Cogeneration and Small Power Production authorizing Commission resolution of a dispute. Minnesota Solar*Rewards Customer Contract Page 10 of 13 e. If a Party defaults in performing its obligations under this Contract, the non-defaulting Party may give written notice to the defaulting Party identifying the nature of the default and stating that the non- defaulting Party may terminate this Contract if the defaulting Party does not cure the identified default within thirty (30) days of the date the non-defaulting Party mailed or delivered the written notice to the defaulting Party. If the defaulting Party does not cure the default identified in the written notice within that thirty (30) day period, then the non-defaulting Party may, at its sole option, terminate this Contract upon written notice of termination mailed or delivered to the defaulting Party. Any notices given under this Section shall be addressed to the Parties (or their successors in interest) at their respective mailing addresses identified in the first paragraph of this Contract. f. Each Party hereby irrevocably and unconditionally waives any right to a trial by jury for the resolution of any dispute arising under this Contract. Failure of either party to enforce any term or condition of this Contract shall not constitute a waiver of that term or condition or of any other term or condition of this Contract. 8. Miscellaneous. a. This Contract contains all the agreements made between Customer and the Company except that this Contract shall at all times be subject to all rules and orders issued by the Commission or other government agency having jurisdiction over the subject matter of this Contract. The terms of this Contract shall be modified and amended if required to comply with any order or regulation of the Commission, applicable state or federal laws or regulations, or other government agency having jurisdiction over the subject matter of this Contract. Company shall post all such modifications and amendments at its website at: www.xcelenergy.com/solar, and Customer and Company shall be bound by these posted modifications and amendments. Other than these exceptions, Customer and Company are not responsible for any agreements other than those stated in this Contract. b. This Contract shall be governed by and interpreted in accordance with the laws of the State of Minnesota. c. This Contract may be executed in two or more counterparts, each of which is deemed original but all constitute one and the same instrument. The Parties agree that a facsimile copy of a signature will be deemed original and binding. d. Except as otherwise specifically provided herein, this Contract is not intended to, and shall not, create rights, remedies, or any benefits of any character whatsoever, in favor of any person, corporation or other entity other than the Parties hereto, and the obligations herein assumed are for the use and benefit of the Parties, their successors in interest, and permitted assigns. Minnesota Solar*Rewards Customer Contract Page 11 of 13 e. This Contract and the rights and obligations of the parties hereunder shall be subject to all valid applicable state, local and federal laws, rules, regulations, ordinances, orders and decisions issued or promulgated for or by any court or regulatory agency having or asserting jurisdiction over this Contract, the services to be performed hereunder or either of the parties hereto. f. By executing this Contract, Customer grants to Company permission to share information concerning the location of the PV System and other information concerning the RECs owned by Company under this Contract to other Minnesota public utilities, municipalities, cooperatives and other entities that may be involved in REC transactions for the limited purpose of ensuring that the RECs associated with the Customer’s PV System have not been sold to another entity. g. By executing this Contract, Customer grants to Company permission to share with Installer selected by Customer any Customer information necessary to Installer to complete installation of the PV system on Customer’s behalf. h. CUSTOMER AND THE COMPANY HAVE READ THIS CONTRACT AND AGREE TO BE BOUND BY ITS TERMS. AS EVIDENCE OF THEIR AGREEMENT, THEY HAVE EACH SIGNED THIS CONTRACT BELOW ON THE DATE WRITTEN AT THE BEGINNING OF THIS CONTRACT. As a qualified Company customer, I have read, understand, and agree to the terms of the Contract set forth above and accept the one-time payment described in Section 3(b). Customer Name (printed): ___________________________________ Customer Signature: ___________________________________ Date: __________________ Based on the actual equipment information provided, Company extends the following one-time payment to Customer: $________________ Northern States Power Company, a Minnesota corporation By: __________________________________________________ Date: ___________________ as authorized agent for Northern States Power Company Title: ____________________________________________ Please mail the signed Solar*Rewards Contract to the Solar*Rewards program manager at the address shown below. The Contract will be signed by Company and a copy of the Contract will be mailed back to you. Minnesota Solar*Rewards Customer Contract Page 12 of 13 Solar*Rewards Xcel Energy 414 Nicollet Mall – 6th Floor Minneapolis, MN 55401 Fax: 800-252-4371 Solar*Rewards Program Manager: ____________________________________ Minnesota Solar*Rewards Customer Contract Page 13 of 13 Minnesota Solar*Rewards Customer Contract EXHIBIT 1: ACTUAL SYSTEM INSTALLATION INFORMATION Installer completes the following AFTER project completion and installation. Customer name: Service Address: Installer company: Actual price for PV installation without batteries (attach PV invoice): Company Account Number: Date of PV installation: Town / municipality / county: Amount of Solar*Rewards Program payment ($): Please check the appropriate box(es) if this is the same as the application for each item: Please check the appropriate box(es) if this is the same as the application for each item: Tilt: ____º (90º is vertical, 0º is flat) Orientation: ____º (180º is south, 90º is east, 270º is west) Manufacturer of PV panels installed: Model number of PV panels installed: STC rating (kW DC): Manufacturer of PV inverter installed: Model number of PV inverter installed: Inverter Quantity: Power rating: ____W PV Watts estimate of annual kWh generated: Efficiency %: Battery backup: As the installer for this project, I certify that the above-referenced PV equipment was installed at the Service Address listed above. _________________________________________ ______________________ Installer’s Signature Date Minnesota Solar*Rewards Customer Contract Exhibit 1 Page 1 of 1 Minnesota Solar*Rewards Customer Contract EXHIBIT 2 Attach a copy of current Company tariff elected by Customer Minnesota Solar*Rewards Customer Contract EXHIBIT 3 Attach a copy of current Rules and Regulations Applicable to Cogeneration and Small Power Production Facilities PUT AND CALL AGREEMENT THIS PUT AND CALL AGREEMENT (this “Agreement”), is made as of December ___, 2010, by and among the City of Maplewood, Minnesota, a Minnesota municipal corporation (the “City”) and Parsons Electric, a Minnesota ______________ (“Parsons”). WHEREAS , the Parsons is the owner of 100% of the membership interests(the “Interest”)in ECS Maplewood, LLC, a Minnesota limited liability company (“ECS”); and WHEREAS , ECS is the lessee of a solar energy system and associated rights under that certain Facility Lease Agreement of even date herewith(the “Lease”); and WHEREAS , the parties hereto now desire to enter into this Put and Call Agreement to set forth the provisions of terms and conditions upon which the Parsons has an option to put the Interest to the City and upon which the City has an option to call the Interest from Parsons. NOW, THEREFORE, in consideration of the foregoing, of mutual promises of the parties hereto and of other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the parties hereby agree as follows: Section 1. Put of Interest. Following the fifth anniversary of the Commencement Date as defined in the Leaseand for a period of six months thereafter,(the “Put Period”), Parsons shall have the right and option to require the Cityto purchase all (but not less than all) of its Interest (the “Put”), by delivering written notice thereof to the City.Parsonsmay exercise thePut by delivering notice of such exercise in writing to the Cityduring the Put Period. If exercised, Parsons shall be obligated to sell, and the Cityshall be obligated to purchase, all of the Interest then owned by Parsons. The purchase price for the Parsons's Interest shall bean amount equal to $20,000 (the “Put Price”). The Put Priceshall be paid by the City to Parsons in cash on the Put Closing Date. The date of the Put closing (the “Put Closing Date”) will be sixty (60) calendar days following the notice of exercise of the Put, or such earlier date as the City and Parsons shall agree in writing. Section 2. Call of Parsons’s Interest. The Cityshall have the right and option (“Call”) to purchase all, but not less than all of the Interest for one (1) year following the last day of the Put Period. If exercised, Parsons shall be obligated to sell, and the Cityshall be obligated to purchase, all of the Interest. The date of the Call closing shall be sixty (60) calendar days following delivery of the notice of exercise of the Call, or such other date as the Cityand Parsonsmay agree upon in writing. The purchase price for the Interest pursuant to this Section 2 shall be an amount equal to the fair market value (the “Fair Market Value Price”) of such Interest (as determined by the parties and if no agreement is reached then by an appraisal of an independent qualified appraiser, selected by the City). All costs relating to an appraisal shall be born byParsons. The purchase price pursuant to this Section 2 shall be payable by the Cityto the Parsons in cash on the Call closing date. The Fair Market Value Priceshall be determined by valuing the estimated cash flow and capital proceeds to be received by Parsons pursuant to the operating agreement of NCSits capacityas a member thereof during the remaining term of the Lease, using actual income and expenses for the prior calendar year, as updated through the month prior to the month of closing, and thereafter using an appropriate time value of money discount rate reasonably acceptable to the City, provided the appraiser (a) uses the income capitalization approach to valuation based upon the actual income received by NCS(and not comparable sales method of valuation), and (b) uses an aggregate valuation and marketabilitydiscount rate for the Interestfor illiquidity, any restrictions on transferability and any minority non-voting characteristics thereof. The above method of determining 1 Fair Market Value Priceshall be modified as appropriate, to comply with then existing tax law respecting valuation of the fair market value of the Interest. Certain Rights and Obligations. After the transfer and assignment of the Interest,Parsons shall have no further obligations in connection with NCS or the Lease, provided that nothing herein shall relieve Parsons of obligations under that certain Solar System Purchase Agreement of even date herewith. Title to the Interest shall not vest in the Cityuntil payment in full of the applicable purchase price. Upon such payment, the Parsonsshall forthwith execute appropriate amendments to the organizational documents of NCS, in form and substance reasonably acceptable to the City, or at the election of the City, dissolve NCS. Section 4.Representations and Warranties of Parsons .Parsonsrepresents and warrant to the Cityas follows: (a)Parsonshas authority to enter into this Agreement and carry out the transaction contemplated hereunder. (b) the execution, delivery, and performance by Parsonsof this Agreement have been duly authorized by all necessary corporate action of Parsons. (c)Parsons has, and will have at the time of any assignment to the City hereunder, and will convey to the City, good title to the Interest free of any encumbrances, liens or interests whatever, and will indemnify the City for any such interests. Section 5.Notice . All notices and other communication permitted or required hereunder shall be in writing and shall be delivered as provided in the Lease. Section 6Governing Law . . This Agreement and the rights and obligations of the parties hereunder shall be governed by, and construed, interpreted and enforced in all respects in accordance with the laws of the State of Minnesota. Section 7.Entire Agreement . This Agreement contains the entire agreementof the parties with respect to the subject matter hereof, and any representation, inducement, promise or agreement between the parties with respect to the subject matter of this Agreement that is not embodied herein shall be null and void and of no further force or effect. Section 8.Amendment . This Agreement may not be modified, amended or otherwise altered except by written agreement executed by Parsonsand the City. Section 9.Counterparts . This Agreement and any amendments hereof may be executed in counterpart, each of which when so executed and delivered shall be an original, and all of which together shall constitute one instrument. In proving this Agreement, it shall not be necessary to produce or account for more than one such counterpart signed by the party against whom enforcement is sought. Section 10.Time is of the Essence . Time is of the essence with respect to all of the terms of this Agreement. Section 11.Fees . Except as otherwise set forth herein, each party shall pay its ownfees and expenses in connection with the exercise of the Put or the Call, as applicable. 2 General. This Agreement (a) shall be binding upon and inure to the benefit of the respective heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. [Signatures contained on following pages] 3 SIGNATURE PAGE PUT AND CALL AGREEMENT IN WITNESS WHEREFORE, the undersigned have executed this Put and Call Agreement as of the day and year first above written. The City of Maplewood, Minnesota Parsons Electric (“City”) (“Parsons”) By:_______________________________ By:__________________________________ Printed:___________________________ Printed:______________________________ Title:_____________________________ Title:_________________________________ 4 POWER PURCHASE AGREEMENT THIS POWER PURCHASE AGREEMENT (“Agreement”) is made and entered into this ______ day of <November><December>, 2010 (“Effective Date”), by and between the City of Maplewood, a Minnesota municipal corporation (the “City”) and ECS Maplewood, LLC, a Minnesota limited liability company (“ECS”). City and ECS are hereinafter sometimes referred to individually as “Party” or collectively as “Parties”. WITNESSETH: WHEREAS, an affiliate of ECS will be installing the Energy System as defined in that certain Facility Lease Agreement executed by City and ECS of even date herewith (the “Lease”), and will transfer the Energy System to the City; WHEREAS , pursuant to the Lease, the City will lease the Energy System to ECS to operate; WHEREAS, ECS desires to sell renewable electric power inclusive of all rights to its attendant environmental attributes and the City desires to purchase all such electricity which is produced by the Energy System; WHEREAS , the City has entered or will enter that certain Minnesota Solar Rewards Contract (the “NSP Contract”) by and between the City and Northern States Power Company (“NSP”), pursuant to which the City will transfer to NSP all electricity produced by the Energy System, inclusive of all environmental attributes; NOW, THEREFORE, in consideration thereof, ECS and City agree as follows: 1. Application. It is understood and agreed that this Agreement applies only to the operation of the Energy System described in the Lease. Subject to the terms herein, the City shall purchase all electricity produced by the Energy System for the term of this Agreement. 2.Rates For Purchase. The rate the City will pay ECS for energy shall be (i) $<5,000><4,000> per year for all electricity produced by the Energy System for the first five years of operations of the Energy System, and (ii) thereafter <[$.05] per kwh><a rate equal to 75% of the rate then in effect for sales of energy to NSP under the NSP Contract>. The amount of electricity produced by the Energy System shall be as determined under the Offtaker Agreement. 3.Ownership of Renewable Energy Credits . ECS agrees to convey to the City, and the City will convey to NSP pursuant to the Offtaker Agreement, all Renewable Energy Credits generated by the Energy System for the term of this Agreement. Renewable Energy Credits as used in the preceding sentence are all attributes of an environmental or other nature that are created or otherwise arise from the Energy System using solar energy, including, but not limited to, tags, certificates or similar projects or rights associated with solar energy as a “green” or “renewable” electric generation resource. Renewable Energy Credits shall also include any other environmental attribute intended to be transferred to NSP under the Offtaker Agreement. 4.Obligations Under Offtaker Agreement . ECS hereby agrees to undertake all of the City’s obligations under the Offtaker Agreement, including but not limited to, completion, inspection and reporting obligations, and any other liability whatsoever. 5.Term of Agreement. The term of this Agreement shall be 20 years commencing with the Placed In Service Date, as such term is defined and determined under the Lease. 6.Assignment. Neither Party shall assign this Agreementor any portion thereof without the prior written consent of the other Party, and any attempted assignment or transfer without such written consent shall be of no force or effect. As to any permitted assignment: (a) reasonable prior notice of any such assignment shall be given to the other Party; and (b) any assignee shall expressly assume the assignor’s obligations hereunder, unless otherwise agreed to by the other Party in writing. 7. Disputes. In the event of a dispute between the Parties arising out of or relating to this Agreement, such dispute shall be submitted within twenty (20) days of written notice, to a management panel composed of representatives of the respective Parties for informal dispute resolution or settlement prior to the institution of any other dispute resolution process. Should the informal dispute resolution process described herein be unsuccessful, the Parties agree that no written or oral representations made during the course of the attempted dispute resolution shall constitute a Party admission or waiver and that each Party may pursue any other legal or equitable remedy it may have available to it. The Parties agree that the existence of any dispute or the institution of any dispute resolution process (either formal or informal) shall not delay the performance of each Party’s undisputed responsibilities under this Agreement. 8. Notices. Except as otherwise provided in this Agreement, any notice, request, consent, demand, or statement which is contemplated to be made upon either Party hereto by the other Party hereto under any of the provisions of this Agreement, shall be in writing and sent by certified mail with a return receipt requested or via overnight courier with tracking capability to the address set forth below: If notice or other transmittal (other than payment of invoices) is to City: The City of Maplewood, Minnesota _______________________ _______________________ Attention: _______________ If notice or other transmittal is to ECS: ECS Maplewood, LLC c/o Electrical Consulting Solutions 5960 Main Street NE Fridley, Minnesota 55432 Attn.: President Telephone Number: (763) 528-2263 Facsimile Number: (763) 571-7210 9.Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute a single instrument. [The remainder of this page has been intentionally left blank] -2- IN WITNESS WHEREOF, the Parties have executed this Agreement, effective as of the Effective Date first above written. The City of Maplewood, Minnesota ECS Maplewood, LLC (“City”) (“ECS”) By:_______________________________ By:__________________________________ Printed:___________________________ Printed:______________________________ Title:_____________________________ Title:_________________________________ 5625518v<1><2> -3- Input: Legend: <Insertion > <Deletion > <Moved from > <Moved to > Style change Format change Moved deletion Statistics: Input: Legend: <Insertion > <Deletion > <Moved from > <Moved to > Style change Format change Moved deletion Statistics: RenewableEnergyIncentivesFutureinDanger | TriplePundit: Peop...http://www.triplepundit.com/2010/12/renewable-energy-incentives-bi... Investing in Clean EnergyEarn15-25%Annually See how Goldman Sachs helps drive clean energy solutionsProducing Oil & Gas Properties, IRA 401K Qualified, $25K GoldmanSachs.com/Progress Min, Dividends RenewableEnergyIncentives Future in Danger By Richard Levangie | December 8th, 2010 0 Comments 0MOIPMOIW7MKR9TXSWII[LEX]SYVJVMIRHWPMOI important piece of Political rancor seems likely to derail a vitally legislationaffectingtherenewable energy sector . Investment Tax Credit The (ITC) grant scheme was introduced as part of the 2009 U.S. stimulus package, and it was considered a key piece of legislation by the green sector because it supported the industry during an economic recession when venture capital all but dried up. Clean technology manufacturers are now looking to the Democrats to extend the ITC past its scheduled end point this month, but Republicans stalled the legislation until the White House capitulated on extending the Bush-era tax cuts for the wealthiest Americans. With Congress currently embroiled in a lame duck session, and filibusters threatened at every turn, it remains uncertain if the legislation stands a snowballs chance. The ITC offers developers of wind, solar and other renewable energy projects grants worth up to 30 percent of development costs. As a result of the impasse, a number of large-scale solar thermal projects in the Golden State are rushing to break ground this month so they can still qualify for the funding. Last week, it appeared that Democratic senators Max Baucus and Harry Reid had hit upon a proposal that would extend the grants through 2011, in exchange for extending the tax cuts to Americans making less than $200,000. That optimism proved short-lived. Republicans decided that compromise wasnt nearly enough, and the bill failed to secure the 60 votes required to prevent deadlock. The new compromise offers some hope, but with the incoming Congress dedicated most ardently to the concept of debt reduction, this type of funding is unlikely to be popular. Renewable energy groups are stepping up their efforts to pressure Congress, and its easy to understand why — its fourth and goal, from the one yard line. The comprehensive tax bill also proposed advancing a further $2.5 billion in tax credits for clean tech manufacturers, and attempted to find a compromise that would keep intact a percentage of the current tax breaks for ethanol producers. A new legislative session will begin in January, so its possible that this proposal could be reintroduced in some form. But whether or not it will meet with any more success is anyones guess. 38 retweet 'PIER8IGL4SPMG] +SZIVRQIRX6IRI[EFPI)RIVK] Follow3pon Twitter Hot Topics CarbonTrading Corporate Responsiblity (CSR) GDPandEconomics Green Data Centers Green Marketing GreenSupplyChain Microfinance SmartGridandSmart Power Social Entrepreneurship SustainabilityConsulting Sustainability Management 1 of 212/9/10 11:07 AM RenewableEnergyIncentivesFutureinDanger | TriplePundit: Peop...http://www.triplepundit.com/2010/12/renewable-energy-incentives-bi... Shareholder Activism 3PGENERALINFOFOLLOW3P Advertise with Us Twitter Contact Us TriplePundit.com is published under a creative commons license. You are free to republish Articles Jobs at 3P only headlines and excerpts of 3p articles except where explicitly permitted by agreement with 3p. Please Contact Us for details. Writefor3P Privacy Policy SEARCH3P 7IEVGL Privacy Policy Copyright © 2009 TriplePundit | All rights reserved. 2 of 212/9/10 11:07 AM THIS PAGE IS INTENTIONALLY LEFT BLANK Agenda Item J1 AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director SUBJ: Approval Authorizing Purchase of Union Cemetery Property DATE: December 1, 2010 INTRODUCTION The City of Maplewood has been leasing approximately two acres of land from Union Cemetery since 1977 for one dollar a year. The Nature Center’s existing southern trail segment traverses the leased property. Also included in this two acre piece is part of the Oak Savanna that is located on the southern and western border of the Union Cemetery and Nature Center’sproperty line. The City has been discussing the acquisition of these two acres with the Union Cemetery Association for the past 15 years. Staff has reached an agreement with Union Cemetery to purchase these two acres for $160,000. The purchase price is based on an appraisal conducted by Mr. Blake Davis. In an effort to reduce costs – both parties agreed to proceed with one appraisal. A copy of the Purchase Agreement and corresponding information is included as an attachment to this report. Monies to pay for this acquisition will come from the “Open Space Acquisition Fund” which currently has a balance of approximately $200,000. Staff is requesting that council approve the attached Purchase Agreement to acquire approximately two acres of land from Union Cemetery. The proposed legal description is as follows: Legal Description For Part of The Union Cemetery to be Transferred to the City of Maplewood Those parts of the following described property: Lot 1, Block 1, UNION CEMETERY ANNEX, according to the recorded plat thereof, Ramsey County, Minnesota; Together with: Block 16, vacated East Seventh Street and vacated Ferndale Street, originally dedicated as Seventh St. and Union Ave., respectively, all in THE UNION CEMETERY, according to the recorded plat thereof, Ramsey County, Minnesota. (Said THE UNION CEMETERY being the Southwest Quarter of the Southeast Quarter of Section 25, Township 29 North, Range 22 West). Described as follows: Beginning at the northeast corner of said Southwest Quarter of the Southeast Quarter; thence westerly, along the northerly line of said Southwest Quarter of the Southeast Quarter, on an assumed bearing of South 89 degrees 52 minutes 00 Seconds West a distance of 543.21 feet; thence South 55 degrees 08 minutes 00 seconds East a distance of 278.95 feet; thence North 89 degrees 52 minutes 00 seconds East a distance of 265.53 feet; thence northeasterly a distance of 66.31 feet along a non-tangential curve, concave to the southeast, having a radius of 55.70 feet, a central angle of 68 degrees 12 minutes 35 seconds and a chord that bears North 49 degrees 56 minutes 58 seconds East; thence southeasterly a distance of 47.37 feet along a non- tangential curve, concave to the southwest, having a radius of 72.50 feet, a central angle of 37 degrees 26 minutes 05 seconds and a chord that bears South 78 degrees 26 minutes 23 seconds East; thence North 40 degrees 36 minutes 25 seconds East, not tangent to said curve, a distance of 27.83 feet; thence South 49 degrees 23 minutes 35 seconds East a distance of 40.06 feet; thence North 89 degrees 52 minutes 00 seconds East a distance of 76.61 feet; thence North 13 degrees 14 minutes 59 seconds East to the north line of said Lot 1; thence westerly, along the north line of said Lot 1, to the east line of said Southwest Quarter of the Southeast Quarter; thence northerly to the point of beginning and there terminating. BACKGROUND In 1977, the city entered into an agreement to lease approximately 2.2 acres of land from Union Cemetery when the Nature Center was created. This land borders the Nature Center 20 acre wetland “Green Heron Pond” on the south side. These acres consist of about 1 acre of prairie restoration, and 1 acre of woods with dogwood shrubs, green ash, box elder, cottonwoods and oaks. Staff believes that the purchase of this land is important for the following five reasons. It is a critical trail link for hikers around the pond. It is a highly used teaching habitat for programs held by the Nature Center. It is a critical buffer zone for the Green Heron Pond. Protection of Wildlife Habitat, including breeding and migrating birds. Demonstrates continued City support for a natural area that has benefitted from much state and federal grant money. 1. Trail Connection and Loop: The land was leased for thirty years. The naturalists, with grant and City dollars, created a one mile trail that circles the wetland through this prairie restoration and the woods. This trail connection that goes through the 2 acres is an important link for our main trail that circles the Nature Center wetland. Approximately 10,000 people attend the Nature Center programs on an annual basis – many are visitors who come specifically to walk the trails. In addition, this trail link provides a fantastic shorter “loop” trail that is a 2 perfect walk for preschoolers. Naturalists hike with groups around this loop quite often – it is probably the most highly used trail loop at the Nature Center. Trail loops are important for hiking, and for logistics – when 50-60 kids are out on the trails it makes the experience much more satisfying to hike a loop without having to pass other large groups and provides different views and habitats for hikers. 2. Teaching Area: The prairie restoration that was created by the naturalists in the early 1980’s is a wonderful productive prairie habitat that naturalists use for teaching. It is the only prairie community we have right at the Nature Center that is not located on and or directly adjacent to a street or parking lot. Naturalist’s conduct several environmental educational programs, including insect identification, prairie restoration work, collecting seeds, and plant identification. The wooded area is where the largest cottonwood at the Nature Center resides, and it is a favorite of all. Naturalists conduct all types of programs there, including tree and wildflower identification, adopt a tree, camouflage games, understanding natural communities, and many more. 3. & 4. Buffer Zone and Wildlife Habitat: These acres serve as an important buffer zone and wildlife habitat for the Green Heron Pond. Many times this wetland edge is where the ducklings and goslings hide, feed and take shelter. It is a haven for frogs and migrating and breeding birds. The Nature Center pond breeds wood ducks, mergansers, and several types of warblers. Many Audubon birders consider this one of the best birding spots in the metro area. St Paul Audubon has partnered with Maplewood Nature Center on buckthorn removal grants, sustainable trails grants, and taught adult bird seminars in its efforts to help the natural area and promote interest in bird habitats. 5. Federal and State Expenditures: The nature center was purchased and built with Federal Conservation grant monies. Several DNR grants, including a $50,000 matching grant for the Nature Center boardwalk, have been awarded to the Nature Center. These agencies have donated the money with the expectation that the city will continue to support and manage the property for outdoor recreation and wildlife and habitat protection. DISCUSSION The catalyst that finally moved this discussion forward was Union Cemetery’s desire to explore the idea of constructinga Cremation Garden in this vicinity. Further complicating this issue was the City’s wetland ordinance and associated setbacks. Although staff was very supportive of the Cremation Garden Concept, staff wanted to ensure that the project would meet the requirements of the wetland ordinance. After numerous meetings and discussions with Union Cemetery, we were able to work out a design that is compliant with the wetland ordinance. 3 In addition, the intended use of the remaining monies in the Open Space Acquisition Fund was to acquire key parcels that were adjacent to existing open space sites. This Union Cemetery property best fits this objective and for the many reasons stated previously, the Nature Center would benefit from the purchase of this property. RECOMMENDATION Staff recommends that the Council approve the Purchase Agreement for the acquisition of 1.91 acres of property from Union Cemetery. Furthermore, staff is also recommending that monies from the Open space Acquisition Fund totaling $160,000 be used to pay for this property. ATTACHMENTS: 1. Union Cemetery Purchase Agreement and related information. 4 PURCHASE AGREEMENT This Agreement is made as of the “Effective Date” (as defined in Section 12 below), between The Union Cemetery Association, a Minnesota not-for-profit corporation (“Seller”), and The City of Maplewood, a Minnesota municipal corporation (“Buyer”). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the following property (referred to herein as the “Property”): Legal Description For Part of The Union Cemetery to be Transferred to the City of Maplewood Those parts of the following described property: Lot 1, Block 1, UNION CEMETERY ANNEX, according to the recorded plat thereof, Ramsey County, Minnesota; Together with: Block 16, vacated East Seventh Street and vacated Ferndale Street, originally dedicated as Seventh St. and Union Ave., respectively, all in THE UNION CEMETERY, according to the recorded plat thereof, Ramsey County, Minnesota. (Said THE UNION CEMETERY being the Southwest Quarter of the Southeast Quarter of Section 25, Township 29 North, Range 22 West). Described as follows: Beginning at the northeast corner of said Southwest Quarter of the Southeast Quarter; thence westerly, along the northerly line of said Southwest Quarter of the Southeast Quarter, on an assumed bearing of South 89 degrees 52 minutes 00 Seconds West a distance of 543.21 feet; thence South 55 degrees 08 minutes 00 seconds East a distance of 278.95 feet; thence North 89 degrees 52 minutes 00 seconds East a distance of 265.53 feet; thence northeasterly a distance of 66.31 feet along a non-tangential curve, concave to the southeast, having a radius of 55.70 feet, a central angle of 68 degrees 12 minutes 35 seconds and a chord that bears North 49 degrees 56 minutes 58 seconds East; thence southeasterly a distance of 47.37 feet along a non-tangential curve, concave to the southwest, having a radius of 72.50 feet, a central angle of 37 degrees 26 minutes 05 seconds and a chord that bears South 78 degrees 26 minutes 23 seconds East; thence North 40 degrees 36 minutes 25 seconds East, not tangent to said curve, a distance of 27.83 feet; thence South 49 degrees 23 minutes 35 seconds East a distance of 40.06 feet; thence North 89 degrees 52 minutes 00 seconds East a distance of 76.61 feet; thence North 13 degrees 14 minutes 59 seconds East to the north line of said Lot 1; thence westerly, along the north line of said Lot 1, to the east line of said Southwest Quarter of the Southeast Quarter; thence northerly to the point of beginning and there terminating. file://N:/PL/19903/19903-003/1109510.doc 2. Purchase Price and Manner of Payment. The purchase price to be paid for the Property is One Hundred and Sixty Thousand and no/100ths Dollars ($160,000.00). The Purchase Price is payable as follows: 2.1 The Purchase Price in cash or by wire transfer of funds on the date of Closing. 3. [Intentionally omitted.] 4. Closing. The closing of the purchase and sale contemplated by this Agreement (“the Closing”) will occur on or before February 15, 2011, at the City offices of Buyer unless another time or place is agreed upon in writing by both parties prior thereto. Seller agrees to deliver possession of the Property to Buyer at the Closing. 4.1 Seller’s Closing Documents. On the date of Closing, Seller will execute and deliver to Buyer the following (collectively, “Seller’s Closing Documents”): 4.1.1 Deed. A Warranty Deed conveying the Property to Buyer, which deed shall include a statutory well certification and be subject to “Permitted Exceptions” as defined in Section 5 below. 4.1.2 Certificate of Real Estate Value. A CRV will be delivered properly filled in and attested to by Seller at Closing. 4.2 Buyer’s Obligation. On the date of Closing, Buyer will deliver to Seller the following: 4.2.1 Funds representing the Purchase Price less the amount contemplated by § 2.1. 4.3 Title Insurance and Closing Fee. Except as expressly provided below, Buyer will pay all closing costs, including the cost to record the deed. 4.5 Deed Tax. Seller will pay all state deed tax payable to record the deed. 4.6 Real Estate Taxes and Special Assessments. The parties acknowledge that the Property is not subject to real estate taxes and/or assessments. To the extent any assessment(s) arise prior to Closing, Buyer shall assume responsibility for such assessment(s) and take title subject thereto as a Permitted Exception hereunder. 5. Title Examination. Title Examination will be conducted as follows: 5.1 Title Evidence. Buyer shall, at Buyer’s cost, within 20 days after the date of this Agreement, obtain evidence of title to the Property (the “Title Evidence”) which may include a commitment for title insurance or properly conducted title exam. 5.2 Buyer’s Objections. Within 20 days after receiving the Title Evidence, Buyer shall make file://N:/PL/19903/19903-003/1109510.doc written objections (“Objections”), if any, to the marketability of title to the Property. Buyer’ failure to make Objections within the time period will constitute waiver of Objections. Any matter shown on that Title Evidence and not objected to by Buyer will be a ‘Permitted Exception” hereunder. Seller shall have the right but not the obligation to cure any Objection. In the event Seller elects to attempt to cure an Objection, Seller will notify Buyer thereof, whereupon Seller will have 100 days after receipt of the objections to cure the Objections, during which period the Closing will be postponed, if necessary. If the Seller elects not to cure an Objection, or if all Objections are not cured within the 100 day period, Buyer’s only remedies will be the following: 5.2.1 Terminate this Agreement; or 5.2.2 Waive the Objections (which shall then become “Permitted Exceptions”) and proceed to Closing. For purposes hereof, the term “Permitted Exceptions” shall mean (a) all matters of record (to the extent not cured by Seller if Objection thereto is made by Buyer, if applicable) (b) matters, if any, as may be disclosed by an accurate survey of the Property; and (c) such other matters, if any, as may be or become Permitted Exceptions pursuant to the terms of this Purchase Agreement. 6. Representations, Warranties and Certifications by Seller. 6.1 Existence; Authority. Seller represents, warrants and certifies to Buyer that Seller is a fee owner in good standing, and/or has the requisite power and authority to enter into and perform this Agreement and Seller’s Closing Documents; the documents have been duly authorized by all necessary action; the documents are valid and binding obligations of Seller, and are enforceable in accordance with their terms. 6.2 Representations and Warranties.Neither Seller nor any agent acting on behalf of Seller have made any representations or warranty concerning any environmental or physical aspect of the Property, and the Buyer is relying solely upon their own inspection, investigation and review, if any. Notwithstanding any provision of this Purchase Agreement to the contrary, the Property and any right, interest or title Seller may or may not have therein is being sold AS IS, WHERE IS, and without any warranty or representation of any kind with respect to right, title, interest, marketability, fitness, merchantability or any other matter, either express or implied. 6.3 Wells. The Seller certifies that Seller does not know of any well on the Property which comes within the meaning of Minn. Stat. § 103I and agrees that a statement to that effect shall be included on the deed at Closing; this certification is intended to satisfy the requirements of that statute. 6.4 Septic System. The Seller hereby represents and notifies Buyer of the non- existence of a septic system in operation on the Property. 7. Broker’s Commission. Seller and Buyer represent to each other that they have dealt with no brokers, finders or the like in connection with this transaction, and agree to indemnify file://N:/PL/19903/19903-003/1109510.doc and hold each other harmless from all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any fees or commissions incurred by the other party, including attorney’s fees. 8. Survival. All of the terms of this Agreement and warranties and representations herein contained will survive and be enforceable after the Closing. 9. Notices. Any notice required or permitted will be given by personal delivery upon an authorized representative of a party hereto; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Buyer: City of Maplewood 1830 County Road B East Maplewood, MN 55109 If to Seller: Union Cemetery Association 2505 Minnehaha Avenue Maplewood, MN 55119 Notices will be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving notice of such change 10 days prior to the effective date of the change. 10. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the sale of the Property. 10.1 Buyer also agrees that City-based permit fees for the retaining wall improvements to the subject premises shall be waived. 10.2 Buyer and Seller both acknowledge that the Seller will be constructing a fence on the subject property and that Buyer shall become the owner of the same upon completion and therefore become responsible for its upkeep and maintenance. 10.3 Seller agrees to vacate those portions of the property currently dedicated for street purposes as identified on Exhibit A but including those portions of Ferndale and East Seventh Street that directly affect the subject parcel. 10.4 There are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns. This Agreement has been made under the laws of the State of Minnesota, and such file://N:/PL/19903/19903-003/1109510.doc laws will control its interpretation. 11. Remedies. If Seller defaults in the performance of its obligations hereunder, then Buyer’s sole remedy will be to terminate the Purchase Agreement. If Buyer defaults in the performance of its obligations hereunder, then Seller’s sole remedy will be to terminate the Purchase Agreement. 12. Withdrawal of Offer. This Agreement will be deemed to be withdrawn, unless accepted by Buyer, and a fully executed counterpart of this Agreement returned to Seller on or before 4:30 p.m. on January 15, 2011. Provided this Agreement is accepted by Buyer and fully executed and delivered to Seller on or before 4:30 p.m. on February 15, 2011. The “Effective Date” of this Agreement shall be the date upon which Buyer delivers a fully executed counterpart of this Agreement to Seller. [Signatures on next page] file://N:/PL/19903/19903-003/1109510.doc IN WITNESS WHEREOF, Seller and Buyer have executed this Agreement as of the date first written above. Dated as of the Effective Date (as defined above). SELLER: BUYER: UNION CEMETERY ASSOCIATION THE CITY OF MAPLEWOOD By: _______________________________ By: ______________________________ _______________________________ ____________________, Mayor Its: _______________________________ City of Maplewood 1830 East County Road B Date of Seller’sMaplewood, MN 55119 Execution: _________________________ And By: ______________________________ ________________, City Manager City of Maplewood 1830 East County Road B Maplewood, MN 55119 And By: ______________________________ ________________, City Attorney City of Maplewood 1830 East County Road B Maplewood, MN 55119 And By: ______________________________ __________________, City Clerk City of Maplewood 1830 East County Road B Maplewood, MN 55119 Date of Buyer’s Execution: _______________________ file://N:/PL/19903/19903-003/1109510.doc A Proposed Legal Description For the Vacation of Portions of East Seventh Street and Ferndale Street (July 29, 2010) Those parts of East Seventh Street and Ferndale Street, originally dedicated as Seventh St. and Union Ave., respectively, in THE UNION CEMETERY, according to the recorded plat thereof, Ramsey County, Minnesota (said THE UNION CEMETERY being the Southwest Quarter of the Southeast Quarter of Section 25, Township 29 North, Range 22 West), being within the following described property: Beginning at the northeast corner of said Southwest Quarter of the Southeast Quarter; thence southerly, along on the east line of said Southwest Quarter of the Southeast Quarter, 133.00; thence westerly, on a line parallel with the north line of said Southwest Quarter of the Southeast Quarter, 325.00 feet; thence northwesterly, to a point on the north line of said Southwest Quarter of the Southeast Quarter, 450.00 feet west of said northeast corner; thence easterly, on said north line, 450.00 feet to the point of beginning. A Proposed Legal Description For Part of The Union Cemetery to be Transferred to the City of Maplewood (July 29, 2010) Those parts of the following described property: Lot 1, Block 1, UNION CEMETERY ANNEX, according to the recorded plat thereof, Ramsey County, Minnesota; Together with: Block 16, vacated East Seventh Street and vacated Ferndale Street, originally dedicated as Seventh St. and Union Ave., respectively, all in THE UNION CEMETERY, according to the recorded plat thereof, Ramsey County, Minnesota. (Said THE UNION CEMETERY being the Southwest Quarter of the Southeast Quarter of Section 25, Township 29 North, Range 22 West). Described as follows: Beginning at the northeast corner of said Southwest Quarter of the Southeast Quarter; thence westerly, along the northerly line of said Southwest Quarter of the Southeast Quarter, on an assumed bearing of South 89 degrees 52 minutes 00 Seconds West a distance of 543.21 feet; thence South 55 degrees 08 minutes 00 seconds East a distance of 278.95 feet; thence North 89 degrees 52 minutes 00 seconds East a distance of 265.53 feet; thence northeasterly a distance of 66.31 feet along a non-tangential curve, concave to the southeast, having a radius of 55.70 feet, a central angle of 68 degrees 12 minutes 35 seconds and a chord that bears North 49 degrees 56 minutes 58 seconds East; thence southeasterly a distance of 47.37 feet along a non-tangential curve, concave to the southwest, having a radius of 72.50 feet, a central angle of 37 degrees 26 minutes 05 seconds and a chord that bears South 78 degrees 26 minutes 23 seconds East; thence North 40 degrees 36 minutes 25 seconds East, not tangent to said curve, a distance of 27.83 feet; thence South 49 degrees 23 minutes 35 seconds East a distance of 40.06 feet; thence North 89 degrees 52 minutes 00 seconds East a distance of 76.61 feet; thence North 13 degrees 14 minutes 59 seconds East to the north line of said Lot 1; thence westerly, along the north line of said Lot 1, to the east line of said Southwest Quarter of the Southeast Quarter; thence northerly to the point of beginning and there terminating. AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director Steven Love, Assistant City Engineer Steven Kummer, Staff Engineer SUBJECT: Western Hills Area Street Improvements, City Project 10-14, Resolution Accepting Feasibility Study, Authorizing Preparation of Plans and Specifications and Calling for Public Hearing DATE: December 2, 2010 INTRODUCTION The feasibility study for the Western Hills Area Street Improvements, City Project 10-14, is complete and available in the office of the city engineer. Copies will be distributed to council members prior to the meeting. The study includes information on the proposed improvements, costs, and proposed financing. An executive summary of the feasibility study is attached to this report. The city council will consider accepting the feasibility study, authorizing the preparation of plans and specifications, and ordering a public hearing to be held on January 10, 2011. BACKGROUND It is important that the city maintains its infrastructure valued at a little under $200 million. This project is proposed to meet set goals of the council as identified in the adopted budget to attain a pavement condition index rating of 70 out of 100 for 75% of the 135 miles of local streets. Currently 63% of the local streets are rated at 70 or higher, 12% shy of the set goal. Over the next 4-5 years this goal is set to be accomplished, assuming roughly 4 miles of street is reconstructed yearly. The city’s street reconstruction program began in 1999 and many neighborhoods have seen investment through this program. Recently post construction surveys have been incorporated into these projects and residents have been very favorable to the neighborhood investment. The reconstruction program is also the best opportunity to reduce the volume of runoff and pollutants before reaching lakes and wetlands, which the city is required to do as part of the NPDES MS4 Permit requirements mandated through the Minnesota Pollution Control Agency under the Clean Water Act. The proposed project area can be seen on the attached project location map and is generally bounded by Roselawn Avenue to the north, DeSoto Street to the east, Larpenteur Avenue to the south, and Rice Street to the west. The feasibility report was ordered at the July 26, 2010 city council meeting. Subsequently a letter was mailed to the residents on August 3, 2010 to provide information on the council’s action and to inform them that preliminary engineering, such as soil borings and a topographic survey, would begin within the neighborhood. On September 2, 2010 an information packet was sent to the residents containing a questionnaire, information about the questionnaire, information about the construction process, a driveway reconstruction program pamphlet with a copy of the driveway warranty, a rain garden pamphlet, a project location map, and a cover letter addressing the project and the information contained in the packet. Informational neighborhood meetings were held both on September 8, 2010 and September 9, 2010 from 5:00-7:00 P.M. at the Maplewood Community Center. Additional neighborhood meetings were held on October 20, 2010 and December 2, 2010 from 5:00-7:00 P.M. at the Maplewood Community Center. Approximately 60 residents attended the four informational neighborhood meetings. Items discussed at these meetings included the public improvement process, the construction process, existing conditions, proposed improvements, proposed assessments, and an estimated project timeline. A separate neighborhood meeting was held on October 27, 2010 for Larpenteur Avenue residents regarding the construction of a sidewalk along Larpenteur Avenue. Another neighborhood meeting will be scheduled for the residents along Jackson Street regarding the proposed construction of a sidewalk along the east side of Jackson Street. After the presentation residents were given the opportunity to ask questions, express concerns, and give input about the project. Staff opened up the meeting for a brainstorming session to get ideas from residents about how a Maplewood street project could resolve some long-standing issues in their neighborhood. Staff made themselves available to residents to discuss the project one-on-one with residents after the general question and answer period of the presentation. From discussion with the residents after the meeting the overall feeling was that the improvements are warranted, however there are some concerns over the proposed assessments. Following the meetings, staff made themselves available via phone, email and meetings at residences to discuss the proposed improvement. Staff mailed out a notice and an exhibit to residents of Gurney Street to ascertain feedback about a proposed closure of Gurney Street at Larpenteur Avenue. Residents were asked to respond by phone or schedule a meeting with staff. One phone call and a request to meet with staff were received. During the design phase staff will continue to work with the residents as design options are explored. Response questionnaires mailed back to the city by residents along with a summary of written comments are attached to this report. DISCUSSION The neighborhood improvement project generally consists of the following streets Abel Street, Adolphus Street (south of Roselawn Avenue), Agate Street, Arkwright Street, Beaumont Street, Bellwood Avenue, City Heights Drive, Edgemont Street, Fenton Avenue, Gurney Street, Jackson Street, Kingston Avenue, Onacrest Court, Onacrest Curve, Summer Avenue, and Sylvan Street. Street and utility improvements for all of the above listed streets were planned for 2011 reflecting the council’s previous adoption of the 2011-2015 Capital Improvement Plan (CIP). Staff is proposing to add Adolphus Street (north of Larpenteur Avenue) and the Sylvan Street Alleyway to the project. Adolphus Street (north of Larpenteur Avenue) and the Sylvan Street Alleyway are currently in use and maintained by city forces. These additional roadways are in need of repair and will allow for a complete neighborhood reconstruction design and would represent a cost savings over reconstructing them as standalone projects. Staff is proposing to also add the construction of two concrete sidewalks to the project along collector streets to provide needed pedestrian facilities. The first is the construction of a 6-foot concrete sidewalk with boulevard along the north side of Larpenteur Avenue. Staff received a number of requests for a sidewalk along Larpenteur Avenue connecting Adolphus Street to Rice Street. The second is the construction of a 6-foot concrete sidewalk with boulevard along the east side of Jackson Street. Jackson Street would be chip sealed and possibly restriped to include bike lanes. These additions to the project scope are in an effort to implement “Living Streets” concepts and would represent a cost savings over constructing them as standalone projects. The following is a summary of the proposed improvements to the neighborhood streets with the exception of Jackson Street. All of the streets in the proposed project area do not have concrete curb and gutter. New concrete curb and gutter would be installed along all of the neighborhood streets. The full roadway throughout the neighborhood will need to be removed and replaced as part of the street reconstruction due to lack of an adequate existing road cross-section and deteriorating pavement condition. The majority of the existing neighborhood streets are currently constructed without the necessary aggregate base to provide a firm base to support the bituminous section of the road. Select areas of poor subgrade soils will need to be removed and replaced with a granular material to allow proper subsurface drainage in order to prevent frost heaving. The neighborhood street widths range from 24 to 31 feet wide and are generally proposed to remain the same width which is what most residents prefer. City staff is looking into the option of narrowing Adolphus Street, in coordination with its residents, from 30 feet to 26 feet. This reduction in street width is proposed to accommodate a sidewalk that would link the Western Hills Park trail network with the proposed sidewalk along Larpenteur Avenue. Limited storm sewer is present within the project area. An expansion of the existing system is a major part of the proposed improvements to relieve drainage issues, reduce street ponding problems, and reduce the amount of storm water runoff in the roadway section. Currently there are no water quality treatment practices in the project area. Proposed treatment features such as filtration basins, underground storage cells, and private rainwater gardens will provide the means to capture and reduce pollutants from reaching downstream water bodies. Repairs will be made to the existing structures as needed, and sumps will be added to structures just upstream from treatment basins and neighborhood wetlands. Staff has partnered closely with the Capitol Regions Watershed District (CRWD) in meeting all applicable treatment requirements. The city’s sewer superintendent has noted that this neighborhood’s sanitary sewer system has a history of root intrusion, structural deficiencies, and that there is a high probability that spot repairs to the main line will be required. The proposed project will include the televising of the sewer main line, lining of main lines where required, and main line spot repair as identified by televising reports. Additionally the city will pay for a free sewer service televising for homeowners; and any deficiencies found within the right of way would be paid for by the city during the project. Staff has met with Saint Paul Regional Water Services (SPRWS) on several occasions and SPRWS has identified approximately 10,000 linear feet (1.9 miles) of water main in need of replacement as well as the need for 450 linear feet of new water main extensions. BUDGET The total project cost as identified through the feasibility process is $7,152,700. The project budget detailed in the City’s Capital Improvement Plan is $6,040,000 which includes costs for the private driveway program. The project budget is higher than the Capital Improvement Plan estimate due to the following reasons: The large amount of water main replacement (approximately 1.9 miles) proposed by SPRWS resulted in an increase to the overall budget (It is important to note that the city is then reimbursed by SPRWS once the improvements are installed). The addition of Adolphus Street (north of Larpenteur Avenue) and the Sylvan Street Alleyway to the scope of the project. Staff believes it is appropriate to add these areas to the project as Adolphus Street and the Sylvan Street Alleyway are in need of repair and this will allow for a complete neighborhood design. A more extensive upgrade to the storm sewer system which increases the cost of the project budget. The addition of concrete sidewalks along Larpenteur Avenue and Jackson Street to the scope of the project, in addition to a chip seal of Jackson Street. Staff believes it is appropriate to add these to the project as they are in line with meeting our Living Streets goals, provide a necessary pedestrian connection, and will allow for a complete neighborhood design. The following is a comparison in projection for the current feasibility and the adopted Capital Improvement Plan: ESTIMATED PROJECT COST RECOVERY FEASIBILITY ESTIMATECIP ESTIMATE FUNDING SOURCE G.O. IMPROVEMENT BONDS$2,944,200$2,383,000 SANITARY SEWER FUND$412,400$302,000 ENVIRONMENTAL UTILITY FUND$1,560,200$900,000 SPECIAL BENEFIT ASSESSMENTS$1,691,300$2,096,000 ST. PAUL WATER$443,800$119,600 W.A.C. FUND$40,800$179,400 DRIVEWAY REPLACEMENT PROGRAM$60,000$60,000 TOTAL FUNDING$7,152,700$6,040,000 The increased project cost, as mentioned above, is in part due to additional water main work proposed by SPRWS; however they would reimburse the city the work associated with the replacement of main and extensions. This is reflected in the additional contribution by SPRWS to the project financing plan. It is also important to note that an independent appraisal firm was hired to ascertain the special benefit as a result of proposed project. This information was used to set the proposed special benefit assessment amounts for the project area. The total proposed amount to be assessed is less than what was proposed in the CIP, therefore the G.O. Improvement Bond (city share) financing is higher than what was proposed in the CIP. With the understanding of holding to debt levels resulting from the approved 5-year CIP the intent is to design this project with a number of bid alternate options which could reduce the scope of improvements; such as eliminating Living Streets concepts and/or scaling back the extent of storm sewer improvements and street improvements. In essence, this would allow the bids to be received and the city can choose the design based on the cost it is comfortable with in order to proceed. RECOMMENDATION It is recommended that the city council approve the attached resolution accepting the feasibility report, authorizing the preparation of plans and specifications, and calling for a public hearing for 7:00 p.m., Monday, January 10, 2010, for the Western Hills Area Street Improvements, City Project 10-14. Attachments: 1. Resolution 2. Executive Summary 3. Questionnaire Results 4. Location Map RESOLUTION ACCEPTING FEASIBILITY STUDY, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolutions of the council adopted July 26, 2010, a report has been prepared by the city engineering division with reference to the improvement of Western Hills Area Street Improvements, City Project 10-14, and this report was received by the council on December 13, 2010, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the Western Hills Area Street Improvements, City Project 10-14 in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $7,152,700. 2. The city engineer or designated staff engineer is the engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The finance director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A proposed budget of $7,152,700 shall be established. The proposed financing plan is as follows: TOTAL % OF TOTAL AMOUNTPROJECT FUNDING SOURCE G.O. IMPROVEMENT BONDS$2,944,20041% SANITARY SEWER FUND$412,4005% ENVIRONMENTAL UTILITY FUND$1,560,20022% SPECIAL BENEFIT ASSESSMENT$1,691,30024% ST. PAUL WATER$443,8006% W.A.C. FUND$40,8001% DRIVEWAY REPLACEMENT PROGRAM$60,0001% TOTAL FUNDING$7,152,700100% th 4. A public hearing shall be held on such proposed improvement on the 10 day of January, 2011 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. th Approved this 13 day of December 2010 FEASIBILITY REPORT EXECUTIVE SUMMARY WESTERN HILLS AREA STREET IMPROVEMENTS PROJECT 10-14 AS,AS,AS,AS,BS, BEL TREETDOLPHUS TREETGATETREETRKWRIGHT TREETEAUMONT TREET BA,CHD,ES,FA,G ELLWOOD VENUEITY EIGHTS RIVEDGEMONT TREETENTON VENUEURNEY S,JS,KA,OC,OC, TREETACKSON TREETINGSTON VENUENACREST OURTNACREST URVE SA,SSSSA UMMERVENUE YLVAN TREET AND YLVAN TREET LLEYWAY Project Summary This feasibility report has been prepared for the Western Hills Area Street Improvement Project, City of Maplewood Project 10-14. The above referenced streets total approximately 3.4 miles in length. The neighborhood area is generally bounded by Roselawn Avenue to the North, DeSoto Street to the East, Larptenteur Avenue to the South, and Rice Street to the West. The proposed improvements include the following: 1) The full reconstruction of all streets listed above except Jackson Street. Full reconstruction of these streets will include removal and replacement of the existing aggregate base and bituminous. The street reconstruction will also include sub grade corrections consisting of replacing the sub grade fill material with a sand sub base, drain tile, and a geo-textile fabric. 2) Concrete curb and gutter installation for all streets except Jackson Street. 3) Installation of a new storm sewer system in the neighborhood to relieve drainage issues and reduce ponding problems. 4) Evaluate and implement storm water best management practices as required to meet Capitol Region Watershed District and City of Maplewood requirements. 5) Reroute existing storm water drainage currently discharging from the small neighborhood north of Roselawn Avenue away from SPRWS Sandy Lake property. 6) Conduct repairs to the existing sanitary sewer system. The sanitary sewer system for the project area has a history of rot intrusion, structural deficiencies, and there exists a high probability that spot repairs to main line will be required. 7) Conduct private sewer service televising, cleaning, and inspection as needed. Evaluate televising data to determine needs for sanitary sewer service repairs within the street right-of- way. 8) Conduct water main replacement and repairs in the area in conjunction with Saint Paul Regional Water Services’ (SPRWS) capital improvement plan. SPRWS has identified approximately 10,000 linear feet of water main replacement and 450 linear feet of water main extension. SPRWS is currently evaluating other water system repairs, replacements, and enhancements for items such as gate valves, hydrants, curb stops and other system components. 9) Consider closing or reducing access to Larpenteur Avenue at the Gurney and Abel Street intersections. Staff will consider Police and Fire Department comments as well as resident input. 10) Add the construction of a minimum 6-foot wide concrete sidewalk on the north side of Larpenteur Avenue. Staff received a number of requests for a sidewalk along Larpenteur Avenue connecting Adolphus Street to Rice Street. 11) Add the construction of a minimum 6-foot wide concrete sidewalk with boulevard along the east boulevard of Jackson Street. Chip seal and possibly restripe Jackson to include bike lanes. 12) Add Adolphus Street north of Larpenteur Avenue to the project. This additional area is in need of repair and will allow for a complete neighborhood reconstruction design. Project Cost The estimated costs for the proposed improvements are detailed below. These costs include a 10% construction cost contingency and a 28% allowance for indirect costs. TOTAL % OF TOTAL PROPOSED IMPROVEMENTS AMOUNTPROJECT STREET IMPROVEMENTS$ 4,363,80061% DRAINAGE IMPROVEMENTS$ 1,831,90025% SANITARY SEWER IMPROVMENTS$ 412,4006% WATER SYSTEM IMPROVEMENTS$ 484,6007% DRIVEWAY REPLACEMENT PROGRAM$ 60,0001% TOTAL ESTIMATE OF PROJECT COSTS$ 7,152,700100% Proposed Financing The improvements are proposed to be financed through a combination of special assessments to the benefiting properties, G.O. Improvement Bonds, E.U.F. and W.A.C. funds, other City of Maplewood funds, and St. Paul Water. The following is a summary of the estimated financing for the proposed project. ESTIMATED PROJECT COST RECOVERY TOTAL % OF TOTAL AMOUNTPROJECT FUNDING SOURCE G.O. IMPROVEMENT BONDS$2,944,20041% SANITARY SEWER FUND$412,4005% ENVIRONMENTAL UTILITY FUND$1,560,20022% SPECIAL BENEFIT ASSESSMENT$1,691,30024% ST. PAUL WATER$443,8006% W.A.C. FUND$40,8001% DRIVEWAY REPLACEMENT PROGRAM$60,0001% TOTAL FUNDING$7,152,700100% Schedule The following schedule may be implemented, should it be determined to proceed with the project: Receive feasibility study 12/13/2010 Authorize preparation of plans and specs 12/13/2010 Order public hearing 12/13/2010 Public hearing 01/10/2011 Approve plans and specs/authorize advertisement for bids 03/28/2011 Bid date 04/29/2011 Assessment hearing 05/09/2011 Accept bids/award contract 05/09/2011 Begin construction 05/16/2011 Assessments certified to Ramsey County 10/01/2011 Complete construction 11/04/2011 AgendaItemJ3 MEMORANDUM TO:Jim Antonen, City Manager FROM:Karen Guilfoile, Citizen Services Manager DATE:December 13, 2010 SUBJECT:Off-Sale Intoxicating Liquor License – Hillside Wine & Spirits Introduction Mai Nhia Lee and Kong Lee new owners of HillsideWine and Spirits located at 1690 McKnight Road North have submitted an application for an off-sale intoxicating liquor license. Background Background checks have been conducted on both owners and nothing has been identified in the background check that would prohibit themfrom holding this license. Chief Thomalla met with the new owners to discuss measures to eliminate the sale of alcoholic beverages to underage persons, general security and retail crime issues, and the Maplewood Liquor Ordinances. Consideration It is recommended that the City Council approve anoff-sale intoxicating liquor license for the Hillside Wine & Spirits. AgendaItem J4 MEMORANDUM TO:Jim Antonen, City Manager FROM:Karen Guilfoile, Citizen Services Manager DATE:December 13, 2010 SUBJECT: On-Sale Intoxicating Liquor License – Osaka Shushi & Hibachi Introduction Wu Li, Ping Li, Qing Li, and Sun Yan co-owners of Osaka Sushi & Hibachilocated at 1900 County Road D East have submitted an application for an on-sale intoxicating liquor license. Background Background checks have been conducted on all four co-ownersand nothing has been identified in the background check that would prohibit themfrom holding this license. While conducting the background investigation it was discovered that the Osaka restaurant in Apple Valley has failed three alcohol compliance checks since October of 2008. Chief Thomalla will be meetingwith the establishment managerto discuss measures to eliminate the sale of alcoholic beverages to underage persons, general security and retail crime issues, and the Maplewood Liquor Ordinances. Consideration It is recommended that the City Council consider the on-sale intoxicating liquor license for Osaka Sushi and Hibachi. AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Parks and Recreation Director Approval of Joint Powers Agreement with City of North St. Paul for SUBJECT: Recreation Program Services DATE: December 6, 2010 INTRODUCTION The City of Maplewood and the City of North St. Paul are pleased to announce a new proposed partnership of their Parks and Recreation Department. Proposed start date, dependant on Council approval of attached Joint Powers Agreement (JPA) is January 1, 2011. The City of North Saint Paul approved the JPA at their November 16, 2010 City Council meeting. The duration of the JPA is four years. This new collaboration will provide both communities with an exciting opportunity to experience enhanced recreation programs for participants of all ages from preschool aged children to seniors. As a result of this partnership, residents will soon see expanding youth and sports leagues, fitness seminars, and citywide special events. New health and community wellness initiatives and more sports association partnerships will result as well.Together, Maplewood and North St. Paul will incorporate more cost-effective marketing that will bring the Parks & Recreation Department to a whole new level. Staff is recommending that Council approve the JPA between Maplewood and the City of North Saint Paul. Under the Joint Powers Agreement with North Saint Paul, staff will be administrating their adult softball leagues. The administration of these leagues will bring in additional revenue to our overall operating budget.In addition to the financial gain for administering these programs it will give our leagues an opportunity to do some crossover games and improve upon the leagues we have built in the City of Maplewood. With the addition of all of the North Saint Paul fields in our permitting control it opens up many more places for the residents of both Maplewood and North Saint Paul to play. This collaborative effort will also strengthen our relationship with the North Saint Paul Athletic Association and the School District. Staff is hopeful that additional opportunities will emerge from this partnership. Maplewood Parks and Recreation will continue to staff the swimming beach at Silver Lake and the warming houses at Hause and Northwood Parks in North Saint Paul. This will help to streamline costs and services and keep open facilities that would otherwise be closed to Maplewood and North Saint Paul Residents. Special Events such as Concerts in the Park, Movie Nights, 5K Runs, The Annual Park Spring Cleanup, etc. will be enhanced by community participation from both cities. Maplewood’s Adult Volleyball program will also gain valuable gym space at the North Saint Paul Community Center for our leagues to use. Our current Adult Open Volleyball Program at Edgerton Community Gym is so popular that we have had to turn people away each week. Staff plans to add an additional Adult Open Volleyball Night in North Saint Paul to meet this need. The JPA will include offering a Group Fitness Program at the North Saint Paul Community Center (NSPCC). Since group fitness is not included in current North Saint Paul memberships, this program will generate an additional revenue source for Maplewood Parks and Recreation. Beginning January 2, the MCC fitness team will be offering 22 classes at the NSPCC facility. These classes will include six innovative formats (Boot Camp, Yoga, Kickboxing, Strength, Core Training, and Pilates), five senior formats (Yoga Light, Forever Fit, Senior Strength, Stability Sculpt, Stretch/Balance) and the opportunity for North Saint Paul members to visit the MCC and take a Spinning Class two nights a week. Class fees will be paid by purchasing a punch pass, with class costs ranging from $2.50 - $4.00 per class for seniors and $4.50 - $8.00 per class for community center members/non-members. The classes will be taught by MCC instructors and managed as “one program” with MCC Group Fitness by MCC Management to save on coordinating and overhead costs. The MCC offers over 70 fitness classes per week that North Saint Paul members will be able to attend by purchasing an MCC Pass card. North Saint Paul members will also have an opportunity to participate in all fitness programs offered at the MCC at the member rate. The MCC fitness team will also be offering personal training at the NSPCC. Although the MCC trainers will be providing complimentary orientations for new North Saint Paul members (as they do at the MCC) all fees for training sessions will be receipted into the Maplewood Parks and Recreation operating budget. NSPCC does not have a Massage Center but beginning January 2nd North Saint Paul members will be able to enjoy the many benefits of therapeutic massage at the MCC at the member rate. This should enhance not only the sales of individual massages but participation in the 3 Month Massage Membership program. This partnership will also allow both facilities to join forces and share the cost in bringing community wellness events to Maplewood, North St. Paul and surrounding communities. RECOMMENDATION Staff recommends that the City Council approve the Joint Powers Agreement with the City of North Saint Paul to provide recreation program services for a period of four years beginning January 1, 2011 and ending on December 31, 2014. Attachment: 1. Joint Powers Agreement between the City of North Saint Paul and Maplewood for Recreation Programming Services JOINT POWERS AGREEMENT BETWEEN THE CITY OF NORTH SAINT PAUL AND THE CITY OF MAPLEWOOD FOR RECREATION PROGRAMMING THIS AGREEMENT, made and entered into on the ____ day of _________, 2010, by and between the CITY of NORTH SAINT PAUL (NSP), and the City of Maplewood (“MAPLEWOOD”) both of which are governmental subdivisions of the State of Minnesota located in the County of Ramsey. PURPOSE 1. NSP has heretofore planned and executed various recreational programs for the benefit of its residents, including but not limited to adult and youth athletic programming, after-school programs, and certain fitness and community wellness programs at the North Saint Paul Community Center. 2. NSP is desirous of having MAPLEWOOD develop, coordinate, and implement the programming and execution of all such recreation programming currently being offered by NSP. 3. Minnesota Statutes, Section 471.59, provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they are exercised. AGREEMENT Now, therefore, in consideration of the mutual undertakings herein expressed, the NSP and MAPLEWOOD, agree as follows: 4. That MAPLEWOOD shall provide the following services: a. MAPLEWOOD will plan, coordinate and execute all recreation programming for NSP in conjunction with the programming it currently provides for it residents, including but not limited to: adult and youth sports, after-school programming and certain fitness and community wellness programs at the North Saint Paul Community Center. b. MAPLEWOOD shall provide staff to facilitate the programming it provides at its cost and acknowledges that any employees shall be the exclusive responsibility of MAPLEWOOD. c. The parties acknowledge that the oversight for and management of lifeguard activities at Silver Lake Beach require additional discussions prior to operation and that the specific terms and agreements will be completed between staff of NSP and MAPLEWOOD on an annual basis. d. Except as to the NSP payments set forth in paragraph 5 hereunder, Maplewood agrees to indemnify and hold harmless NSP, its officers, agents, attorneys and employees from any liability, claims, damages, cost, judgments, and expenses including attorney’s fees resulting directly or indirectly from an act or omission with respect to the implementation of this Agreement. 5. That NSP will provide the following services: a. NSP hereby agrees to provide MAPLEWOOD with an annual fee of $75,000.00, payable in four (4) quarterly payments of $ 18750.00 under the following terms: 1. The first payment shall be made to MAPLEWOOD no later than March 31 of each year. 2. The second payment shall be made to MAPLEWOOD no later than June 30 of each year. 3. The third payment shall be made to MAPLEWOOD no later than September 30 of each year. 4. The fourth payment shall be made to MAPLEWOOD no later than December 31 of each year. b. NSP agrees to indemnify and hold harmless MAPLEWOOD, its officers, agents, attorneys and employees from any liability, claims, damages, cost, judgments, and expenses including attorney’s fees resulting directly or indirectly from an act or omission with respect to the implementation of this Agreement or the suitability, design, usual maintenance, and operations of the facilities provided by and maintained by NSP and its agents. NSP represents that said facilities are suitable for their operation. c. All policies of insurance shall require that the issuer notify MAPLEWOOD at least thirty (30) days prior to the effective date of any policy cancellation, modification, or non-renewal. d. NSP agrees to comply with the Minnesota Data Practices Act and all other State and Federal laws relating to data privacy or confidentiality. NSP will immediately report to MAPLEWOOD any requests from third parties for information relating to this 2 Agreement. NSP agrees to promptly respond to inquiries from MAPLEWOOD concerning data requests. NSP agrees to hold MAPLEWOOD, its officers, agents, attorneys, department heads, and employees harmless from any claims resulting from NSP’s unlawful disclosure or use of any data protected under State or Federal laws. 6. This Agreement will remain in effect for four (4) years unless properly terminated earlier for breach by one of the parties. 7. Nothing in this Agreement shall be construed to create a master/servant relationship nor is this Agreement intended to create a partnership. Upon breach of any term of this agreement, the non-breaching party shall send written notice of the breach to the breaching party. The breaching party shall have 10 days to cure the breach, or provide evidence satisfactory to the non-breaching party that remedial procedures are being implemented to cure the breach, and reimburse the non-breaching party for any and all costs associated with the breach including attorney’s fees. Failure to cure shall constitute grounds for termination of this agreement. Further costs incurred due to the uncured breach shall constitute “damages” payable by the breaching party. For purposes of providing notice regarding a breach or for any other reason related to this Agreement, the parties shall provide notice: For MAPLEWOOD to: 1830 East County Rd. B Maplewood, MN 55109 For NSP to: 2400 Margaret Street North Saint Paul, MN 55109 IN WITNESS WHEREOF, NSP and MAPLEWOOD have caused this Agreement to be executed on their behalf by their proper officers, Council and Board. CITY OF NORTH SAINT PAUL CITY OF MAPLEWOOD By: ______________________ By: ____________________ Mayor Mayor By: __________________________ By: ___________________ Wally Wysopal, City Manager James Antonen, City Manager 3 MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner Chuck Ahl, Assistant City Manager Rezoning of 2433 Highwood Avenue from F (farm residential) to R1 SUBJECT: (single dwelling residential) VOTE REQUIRED: Simple Majority Required for Approval DATE: December 6, 2010 INTRODUCTION On August 17, 2010, the planning commission evaluated the city’s zoning and land use maps for inconsistencies between the two documents and to check for zoning classifications that may not make sense. The zoning issues found are not inconsistencies resulting from the recent 2030 comprehensive plan update, but have existed for many years. One such case is the split zoning of the single dwelling property located at 2433 Highwood Avenue. The planning commission directed staff to proceed with rezoning the front (southerly) half of this lot that is zoned F zoned (farm residence) to R1 (single dwelling residential) to match the R1 zoning of the back half of the property. Refer to the attachments. Request Rezone the F zoned front half of 2433 Highwood Avenue to R1. BACKGROUND On December 17, 2002, the city approved the division of the “flag shaped” lot west of and behind 2433 Highwood Avenue. That part lying behind 2433 Highwood, once split from its larger portion, was then combined with 2433 Highwood. Refer to the attached map of that lot division. At that time, 2433 Highwood was zoned F and the abutting subdivided property was zoned R1. Once 2433 Highwood was combined with the parcel in back it then had two zoning classifications. DISCUSSION Split Zoning—City Attorney’s Comment Alan Kantrud, the city attorney, previously commented to the planning commission about properties with split zones—those having more than one zoning classification. One recent case reviewed by the planning commission was the undeveloped Mogren family property southwest of the Regal Car Wash at County Road C and White Bear Avenue. Mr. Kantrud does not recommend that the city allow properties to have split zonings. Such method of zoning often conflicts with the land use plan depending on the zoning mix, and may make development confusing and encumbered. Why the Proposed Revision to R1? The reason for this proposed rezoning from F to R1 is simply to eliminate the “split zoning” of this property to achieve uniformity. A rezoning to R1 will also be compatible with the city’s comprehensive land use plan which classifies 2433 Highwood Avenue as LDR (low density residential). Impact on Development Potential There would be no affect on the development potential of this property. In actuality, the land use provisions for both the F and R1 zoned properties are the same. There would be no change in the use provisions by this rezoning. Property Taxes The Ramsey County Tax Assessor’s office stated that zoning has no affect on property taxes. Tax classifications are based on the use of the property, not on the zoning. The tax classification, along with the market value is used to calculate taxes. If the current use is continued, the tax classification will not change. Zoning changes will not affect taxes. Criteria for Rezoning Section 44-1165 of the zoning ordinance states that, to revise the zoning map, the planning commission and council shall: Assure itself that the proposed change is consistent with the spirit, purpose and intent of this chapter. Determine that the proposed change will not substantially injure or detract from the use of neighboring properties 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. Determine that the proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable. COMMISSION ACTION November 16, 2010: The planning commission recommended approval of this rezoning. RECOMMENDATION Approve the resolution rezoning the southerly half of 2433 Highwood Avenue from F (farm residential) to R1 (single dwelling residential) for the following reasons: 1. This proposed rezoning would remove the split zoning by replacing the F, farm zoning classification with the R1, single dwelling zoning classification. 2. This change would comply with the comprehensive land use plan low density residential classification. 3. The proposed rezoning would meet the following five criteria for a zoning map revision as required by city ordinance: a. Assure itself that the proposed change is consistent with the spirit, purpose and intent of this chapter. b. Determine that the proposed change will not substantially injure or detract from the use of neighboring properties 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. c. Determine that the proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. d. Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. e. Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable. REFERENCE SITE DESCRIPTION Existing Use: Single dwelling property SURROUNDING LAND USES North: Undeveloped property owned by the City of Maplewood South: Highwood Avenue and single dwellings East: Open space property owned by the City of Maplewood West: Single dwellings PLANNING Land Use Plan Designation: LDR Zoning: F and R1 p:Sec13-28\Rezoning 2433 Highwood Avenue Split Zoning CC 12 10 te Attachments: 1. Location/Zoning Map 2. Land Use Map 3. 2002 Lot Split & Zoning Map 4. Rezoning Resolution Attachment 4 REZONING RESOLUTION WHEREAS , the City of Maplewood city staff proposed a change to the city's zoning map from F (farm residential) to R1 (single dwelling residential); WHEREAS , this zoning map change applies to the south half of the property located at 2433 Highwood Avenue. The property identification number for the affected property is: 13-28-22-24-0098 WHEREAS , this rezoning is proposed to eliminate the split zoning of this property and for compatibility with the city’s comprehensive land use plan. WHEREAS , the history of this change is as follows: 1. On November 16, 2010, the planning commission held a public hearing to consider this rezoning. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2. On December 13, 2010, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council ________ the above- described change in the zoning map for the following reasons: 1. This proposed rezoning would remove the split zoning by replacing the F, farm zoning classification with the R1, single dwelling zoning classification. 2. This change would comply with the comprehensive land use plan low density residential classification. 3. The proposed rezoning would meet the following five criteria for a zoning map revision as required by city ordinance: a. Assure itself that the proposed change is consistent with the spirit, purpose and intent of this chapter. b. Determine that the proposed change will not substantially injure or detract from the use of neighboring properties 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. c. Determine that the proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. d. Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. e. Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable. The Maplewood City Council approved this resolution on ______, 2010. AGENDA REPORT TO: FROM: SUBJECT: DATE: INTRODUCTION RECOMMENDATION THIS PAGE IS INTENTIONALLY LEFT BLANK Agenda Item L1 MEMORANDUM TO: Jim Antonen, City Manager FROM: DuWayne Konewko, Parks & Recreation Director Christie Penn, Banquet & Event Manager DATE: December 6 for the December 13 City Council Agenda SUBJECT: Approval of Award of Bid for MaplewoodCommunity Center Catering Contracts INTRODUCTION The City of Maplewood is proposing to enter into an agreement with three exclusive food caterers for the Maplewood Community Center. Selected food caterers will supply food service and/or non- alcoholic beverages for banquets, meetings, special events and other functions conducted at the MCC. BACKGROUND The Food Caterer Request For Proposal was approved by Council on September 27 and Council authorization was given to advertise and bid this contract. Proposals were received and reviewed on October 25, 2010. All three caterers have agreed to compensate the MCC 10% of the revenues generated from MCC events that they cater Monday – Thursday and 25% of the revenues generated from MCC events that they caterer Friday – Sunday. The percentage paid to the MCC will be based on the final gross bill, excluding tax and gratuity. Staff recommends the following three providers: Dan Good Catering (DCG) on behalf of the Hospitality Catering Corporation: The Hospitality Corporation includes eight facilities throughout the Twin Cities and offers full service catering, party planning, and even management services. With experience catering wedding receptions, funeral luncheons, holiday parties, graduation parties, and many other types of events DCG is well suited to meet the needs of Maplewood Community Center guests. While offering extensive menus, DCG also enjoys the opportunity to tailor a menu that fits the needs of their client. DCG is competitively priced and prides itself on being a customer oriented organization. Kane’s Catering, Inc.: Kane’s Catering, Inc. is a full-service catering company with extensive experience as an off- premise caterer. Family owned and operated since 1972, Kane’s Catering has provided service at hundreds of events including weddings, anniversary parties, corporate functions, birthday parties, and funeral luncheons. Kane’s menu offerings include a wide range of options including elegant sit down service, full banquet service, cocktail receptions, drop off meal service, box lunches, and more. In addition, Kane’s prides itself on being extremely flexible while providing great and excellent service at reasonable rates. Vincenzo Catering: Vincenzo Catering believes that the food provided at an event needs to be as memorable as the event itself. Providing a full range of menu items and prices to suit all needs, Vincenzo creates delectable wedding cakes and a complete made-from-scratch menu ranging from appetizers to a complete dinner. Launched 16 years ago, Vincenzo Catering has built a business based on ingenuity, unparalleled cuisine, and wholehearted dedication to their Agenda Item L1 clients. From a small party of 40, to a grandiose event for over 2000 guests, Vincenzo handles the dining details from start to finish, adding their signature touches to each event. RECOMMENDATION It is recommended that the City Council contract with Hospitality Catering Corporation, Kanes Catering and Vincenzo Catering for food catering service for the Maplewood Community Center Banquet Event Center for a duration of three years beginning January 1, 2011 and running through December 31, 2013.