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HomeMy WebLinkAbout01-08-2007A A Q E. MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, January 8, 2007 Council Chambers, City Hall Meeting No. 07-01 CALL TO ORDER Agenda Item E1 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. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA M1. Recording of Meetings L11. Resolution on Behalf of Historical Preservation Commission M2. City of Mound Public Works Superintendent M3. Even Year Elections M4. Council Rules Regarding Cable Commission M5. Notification of Special Meetings N1. City Attorney Kantrud-Incompatibility of Office Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Cave Ayes -All APPROVAL OF MINUTES Minutes from the December 11, 2006 City Council Meeting Councilmember Cave moved to approve the minutes from the December 11, 2006 City Council Meeting as presented. Seconded by Councilmember Hjelle Ayes -All 2. Minutes from the December 18, 2006 City Council Meeting Councilmember Cave moved to approve the minutes from the December 18, 2006 City Council Meeting as presented. Seconded by Councilmember Hjelle Ayes -All F. VISITOR PRESENTATIONS 1. Bill Kayser, 64080 81St Avenue North, Brooklyn Park, provided an update on a pending lawsuit from his perspective. 2. Nancy Lazaryan, 10734 West Lake Road, Rice, presented council a copy of a proposed lawsuit January 8, 2007 City Council Meeting she referred to as "showing council her cards". 3. Bob Schmidt, 1439 East Burke Avenue. Maplewood, commented on recent organizational changes at the Community Center, the city's snowplowing schedule and the Maplewood Employee's Handbook. Mayor Longrie dispelled the rumor that Councilmember Cave's husband is obtaining a different job within the city. G. APPOINTMENTS/PRESENTATIONS None H. PUBLIC HEARINGS Desoto Skillman Area Street Improvements, City Project 06-16 Public Hearing 7:00 pm Resolution Ordering Improvement after Public Hearing (4 votes) a. Assistant City Engineer Laberee presented the report. b. City Engineer Ahl presented further information from the report. C. Mayor Longrie opened the public hearing, calling for proponents or opponents. The following persons were heard: Mike Kline, 1778 DeSoto Street, Maplewood P. Joe Moos, 1691 Payne Avenue, Maplewood Jim Fitzgerald, 2141 DeSoto, Maplewood Tom Wilkem, 1838 DeSoto, Maplewood Larry Whitcomb, 518 County Road B East, Maplewood Michelle Periolat, 607 Price Avenue, Maplewood JoAnn Lorenz, 466 East County Road B, Maplewood Dennis Carlson, 2020 Arkwright Street, Maplewood Ben Kline, 1778 DeSoto Street, Maplewood Margaret Johnson, 639 Kingston, Maplewood Larry Chainer, 1771 DeSoto Street, Maplewood Larry Whitcomb, 518 County Road B East, Maplewood d. Mayor Longrie closed the public hearing. Councilmember Rossbach moved to adopt the following resolution adopting the feasibility study plan for DeSoto Area Streets and to poll the residents within 300 feet of Desoto regarding the sidewalks and to split the project between north and south Roselawn: RESOLUTION 07-01-001 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 18th day of December, 2006, fixed a date for a council hearing on the proposed street improvements for the Desoto -Skillman Area Street Improvements, City Project 06-16. January 8, 2007 City Council Meeting AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on January 8th, 2007, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Desoto -Skillman Area Street Improvements, City Project 06-16. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 8th day of January 2007. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $5,597,500 shall be established. The proposed financing plan is as follows: Financing Plan for Desoto Skillman Street Improvments GO Debt Service $ 1,346,000.00 24% MSA $ 1,597,100.00 29% Assessments $ 1,836,000.00 33% Sanitary Sewer Fund $ 239,400.00 4% SPRWS $ 147,000.00 3% Environmental Utility Fund $ 292,000.00 5% WAC Fund $ 80,000.00 1% Driveways $ 60,000.00 1% Total $ 5,597,500.00 100% Seconded by Councilmember Juenemann Ayes-Councilmembers Cave, and Rossbach Nay -Mayor Longrie Hjelle, Juenemann Councilmember Rossbach moved to direct staff to bring the relevant information to council to consider including Brookview Street in the 2007 construction schedule. Seconded by Councilmember Cave Ayes -All At 9:20 p.m. a ten minute break was taken. I. CONSENT AGENDA Councilmember Hjelle moved to adopt consent agenda items 4 and 5. Seconded by Councilmember Cave Ayes -All Councilmember Hjelle moved to approve consent agenda item 1. Seconded by Councilmember Juenemann Ayes -All Councilmember Cave moved to approve consent agenda item 2. January 8, 2007 City Council Meeting Seconded by Councilmember Juenemann Ayes -All Councilmember Cave moved to approve consent agenda item 3. Seconded by Councilmember Hjelle Ayes -All Councilmember Juenemann moved to approve consent agenda item 6. Seconded by Councilmember Rossbach Ayes-Councilmembers Cave, Hjelle, Juenemann and Rossbach Nays -Mayor Longrie Councilmember Juenemann moved to approve consent agenda item 7. Seconded by Councilmember Hjelle Ayes -All Councilmember Cave moved to approve consent agenda item 8. Seconded by Councilmember Hjelle Ayes -All 1. Approval of Claims ACCOUNTS PAYABLE: $ 235,207.13 Checks # 71576 thru # 71633 dated 12/19/06 $ 105,311.17 Disbursements via debits to checking account dated 12/08/06 thru 12/14/06 $ 132,775.55 Checks # 71634 thru # 71701 dated 12/26/06 $ 274,144.82 Disbursements via debits to checking account dated 12/15/06 thru 12/21/06 $ 325,923.99 Checks # 71702 thru # 71750 dated 12/27/06 thru 01/02/06 $ 94,745.94 Disbursements via debits to checking account dated 12/22/06 thru 12/28/06 $ 1,168,108.60 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated $ 482,711.32 12/15/06 Payroll Deduction check # 1000732 thru # $ 2,963.93 1000734 dated 12/15/06 January 8, 2007 City Council Meeting 4 Payroll Checks and Direct Deposits dated $ 463,360.34 12/29/06 Payroll Deduction check # 1000864 thru # $ 513.16 1000865 dated 12/29/06 $ 949,548.75 Total Payroll $ 2,117,657.35 GRAND TOTAL 2. Approval of 2007 Animal Control Contract Accepted the 2007 contract from Animal Control Services, Inc., 6400 Colfax Avenue North, Brooklyn Center. 3. Temporary Gambling Permit — Carver Elementary Adopted the following resolution approving the temporary gambling license for Carver Elementary PTO and approved waiving the carnival and temporary food fees: RESOLUTION 07-01-002 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Carver Elementary PTO, 2680 Upper Afton Road, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 4. Annual Gambling License Resolution — Hill Murray Mother's Club Adopted the following resolution approving the lawful gambling application for the Hill Murray Mothers club to operate at 5-8 Tavern located at 2289 Minnehaha Avenue: RESOLUTION 07-01-003 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for Hill Murray Mothers Club, to operate at 5-8 Tavern located at 2289 Minnehaha, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. January 8, 2007 City Council Meeting NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 5. Approve Emergency Repair of Sanitary Sewer Main Approved the repair of the sanitary sewer at a cost of $5,706 to be paid to Ro-So Contracting I nc. 6. Approve Purchase of Bobcat 5600 Turbo Work Machine/Tool Cat Approved the purchase of the Work Machine/Tool Cat from Tri-State Bobcat Inc. under state contract #436808 for $39,478.13. 7. Approve Arbor Day Proclamation Adopted the following Arbor Day proclamation so that the City of Maplewood has met the four standard required of a community in order to b considered a participant in Tree City USA program: Arbor Day Proclamation Whereas, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Whereas, Arbor Day is now observed throughout the nation and the world, and Whereas, the City of Maplewood, Minnesota, named for the regal and majestic Maple tree, is celebrating its 50th Anniversary as a City in 2007, and Whereas, Maplewood wishes to join the over sixty Tree USA in Minnesota and Whereas, the people of Maplewood, Minnesota initiated a statewide movement for the purchase of Open Space by voting upon themselves a property tax levy in 1993 to acquire 308 acres of property all holding a vast store of trees and natural beauty, and Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life- giving oxygen, and provide habitat for wildlife, and Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community, and Whereas, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal. Now, Therefore, I, Diana Longrie, Mayor of the City of Maplewood, do hereby proclaim April 27, 2007 as Arbor Day in the City of Maplewood, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and January 8, 2007 City Council Meeting Further, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. 8. Gladstone North Area Streets, City Project 04-15, Approve Settlement with Gene Shursen at 1816 Kennard Street for Flooding Damage Approved the settlement agreement with Eugene Shursen at 1816 Kennard Street in the amount of $13,000 for drainage damage from project 04-15 funds. J. AWARD OF BIDS None K. UNFINISHED BUSINESS North St. Paul Electric Franchise Tax Ordinance — 2nd Reading Councilmember Juenemann moved to adopt the following second reading of the North St. Paul Electric Franchise Tax: ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. 877 CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA An ordinance granting to THE CITY OF NORTH SAINT PAUL, A Minnesota Corporation, its successors and assigns, permission to construct, operate, repair and maintain in the City of MAPLEWOOD, Minnesota, an electric distribution system and transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of electric energy to the City, its inhabitants, and others, and to use the public ways and public grounds of the city for such purposes. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Maplewood, County of Ramsey, State of Minnesota. City Utility System. Facilities used for providing non -energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. Company. The City of North Saint Paul, a Municipal Corporation, its successors and assigns. Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public January 8, 2007 City Council Meeting use Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to The City of North Saint Paul City Clerk, 2400 Margaret Street, North Saint Paul, MN 55109. Notice to the City shall be mailed to the City Clerk, City Hall, 1830 East County Road B, Maplewood, MN 55109. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. Public Way. Any street, alley, walkway or other public right-of-way within the City SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 21613.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties mayjointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION. OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. January 8, 2007 City Council Meeting 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, forwhich the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non -betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. January 8, 2007 City Council Meeting 4.2 Relocation of Electric Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non - betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Way or Public Ground was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Ways and Public Grounds of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any January 8, 2007 City Council Meeting 10 governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. Customer Class Residential customers Small C&I — Non/Demand Small C&I — Demand Large Commercial & Industrial Fee Per Premise Per Month $0.50 $1.00 $6.00 $45.00 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on file with the Commission. 9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period forwhich payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the Company agrees to provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to January 8, 2007 City Council Meeting 11 such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount' shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. ORDINANCE NO. 879 AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON THE CITY OF NORTH SAINT PAUL, A MINNESOTA MUNICIPAL CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF MAPLEWOOD. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES ORDAIN: AND THE FOLLOWING ADOPTED: SECTION 1. The City of Maplewood Municipal Code is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Maplewood City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Maplewood. (a) Pursuant to City Ordinance 877 a Franchise Agreement between the City of Maplewood and The City of North Saint Paul, a Minnesota corporation, its successors and assigns, the City has the right to impose a franchise fee on The City of North Saint Paul, its successors and assigns, in an amount and fee design as set forth in Section 9 of the The City of North Saint Paul Franchise and in the fee schedule attached hereto as Schedule A. Subdivision 2. Franchise Fee Statement. A franchise fee is hereby imposed on The City of North Saint Paul, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with The City of North Saint Paul, January 2007 billing month. January 8, 2007 City Council Meeting 12 This fee is an account -based fee on each premise and not a meter -based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. Subdivision 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.4 of the Franchise. Subdivision 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that The City of North Saint Paul will surcharge its customers in the City the amount of the fee. Subdivision 5. Record Support for Payment. The City of North Saint Paul shall make each payment when due and, if required by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subdivision 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subdivision 7. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and after the sending of written notice enclosing a copy of this adopted Ordinance to The City of North Saint Paul by certified mail. Collection of the fee shall commence as provided in Subdivision 2. Subdivision 8. Sunset Clause. This ordinance shall automatically sunset on December 31, 2011, unless the City Council acts to renew or extend the fee at least six (6) months prior to the sunset date. The City Council may unilaterally renew or extend the fee on the same terms and conditions. Without waiver of any rights under Minnesota law, the City Council shall seek agreement from Company if the City intends to change the fee rate or fee design. SCHEDULE A Franchise Fee Rates: Electric Utility The franchise fee for the following purposes right-of-way maintenance, street lighting, burial of power lines, energy conservation, alternative energy sources and other city energy-related expenses shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to customers within January 8, 2007 City Council Meeting 13 the City: Customer Class Residential customers Small C&I — Non/Demand Small C&I — Demand Large Commercial & Industrial Fee Per Premise Per Month $0.50 $1.00 $6.00 $45.00 Franchise fees are to be collected by the Utility at the rate listed below, and submitted to the City on a quarterly basis as follows: January — March collections due by April 30. April — June collections due by July 31. July — September collections due by October 31. October — December collections due by January 31. Seconded by Councilmember Hjelle L. NEW BUSINESS Ayes -All Liquor License Application — Kenneth Stidfole, Cub Discount Liquor Store — 100 W. County Road B a. REaL Director/Interim Parks and Recreation Director presented the report. C. Kenneth Stidfole, the applicant, was present for council questions. Councilmember Cave moved to approve the liquor license application for Kenneth Stidfole, Cub Discount Liquor at 100 W. County Road B. Seconded by Councilmember Hjelle Ayes -Mayor Longrie, Councilmembers Cave, Hjelle and Rossbach Nays-Councilmember Juenemann 2. Liquor License Application — Edward Bremer, Heritage Liquor — 1347 Frost Avenue a. REaL Director/Interim Parks and Recreation Director Guilfoile presented the report. b. Ed Bremer, 1655 McCaffey Street, St. Paul, the applicant, was present for council questions. Councilmember Cave moved to approve the liquor license application for Edward Bremer, Heritage Liquor at 1347 Frost Avenue. Seconded by Councilmember Hjelle Ayes -Mayor Longrie and Councilmembers Cave, Hjelle and Rossbach Nay-Councilmember Juenemann 3. Annual Renewal of Liquor Licenses Off -sale, On -sale, Wine and Club a. REaL Director/Interim Parks and Recreation Director Guilfoile presented the report. Councilmember Cave moved to adopt the following resolution approving the following Liquor License Off -Sale and On -Sale Wine and Club licenses for a period of one year: January 8, 2007 City Council Meeting 14 RESOLUTION 07-01-004 RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following On -Sale, Off -Sale, Club and Wine Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 2007, with approvals granted herein subject to satisfactory results of required Police, Fire and health inspections: On -Sale Liquor Licenses Licensee Address Jill Skogheim 5-8 Tavern & Grill 2289 Minnehaha Avenue Jose Valentin Leon Acapulco Mexican Restaurant 3069 White Bear Avenue Lynn Roth AMF Maplewood Lanes 1955 English Street Dorothy Piotrowski Applebee's Neighborhood Grill 3001 White Bear Ave., Jacse Lee Best Western Maplewood Inn 1780 County Road D Nicholas Schwartz Bleechers Bar and Grill 2220 White Bear Avenue Carie Mike Buffalo Wild Wings Grill 3085 White Bear Avenue Judith A. Landreville Champps - Maplewood 1734 Adolphus Street Martin Mongoven Chili's Grill & Bar #224 1800 Beam Avenue Bret Shogren Chipotle Mexican Grill 2303 White Bear Avenue, Paul Mateyka Dean's 1986 Rice Street Raymond Emerfoll Garrity's 1696 White Bear Avenue Michael Gengler Guldens Roadhouse 2999 North Highway 61 Cheryl Lynn Wolf Huey's Saloon 2425 Highway 61 Sherry Peak Keller Golf Course Clubhouse 2166 Maplewood Drive Jeffrey Kehr Myth Nightclub 3090 Southlawn Drive Matthew Hinrichs Noodles & Company 2865 White Bear Avenue Gjon Prendi Olive Garden #1200 1749 Beam Avenue Stephen Parr Outback Steakhouse 1770 Beam Avenue Michael Pauly Red Lobster #0283 2925 White Bear Avenue Amanda Kranz Stargate Bar & Dance Club 1700 Rice Street, Suites J Philip Kenneth Poling T.G.I. Friday's #0472 3087 White Bear Avenue Brian Meyer The Bird Nightclub 3035 White Bear Avenue Matthew Kielas The Chalet Lounge 1820 Rice Street Brian Bauman The Rock 2029 Woodlynn Avenue Off -Sale Liquor Licenses Licensee Address Guneet Arneja A-1 Liquor 19 Century Avenue North Phillip Lu Big Discount Liquor 2515 White Bear Avenue Arthur Stein Laber's Liquors 1700 D Rice Street Wendy Lauber Maplewood Wine Cellar 1281 Frost Avenue Howard Remerowski MGM Liquor Warehouse 2950 White Bear Avenue Marvin Koppen Party Time Liquor 1835 E. Larpenteur Avenue Blong Lee Princess Liquor'n Tobacco 2728 Stillwater Road Christopher Sarrack Sarrack's Int'I. Wine & Spirits 2305 Stillwater Road On -Sale Wine and Club Licensee Address B. Michael Diebel Goodrich Golf Course, Inc. 1820 North Van Dyke Robert Delmont Pei Wei Asian Diner, Inc. 3095 White Bear Balbir Shoker Taste of India 1745 Cope Avenue Alan Hartman Maplewood Moose Lodge 1946 English Street January 8, 2007 City Council Meeting 15 Seconded by Councilmember Hjelle Ayes -All 4. Annual City Council Appointments Mayor Longrie moved to appoint the following staff liaisons: Seconded by Councilmember Cave Ayes -All Mayor Longrie moved to table the appointment of the official newspapers due to further information requested. Seconded by Councilmember Cave Ayes -All Mayor Longrie moved to appointment the following annual council representatives: Councilmember Hjelle requested a friendly amendment disallowing free cable service for the council representative for the Cable Commission which he feels is inappropriate for elected officials. Mayor Longrie regretfully declined the friendly amendment. Seconded by Councilmember Cave 800 MHz Dispatch Committee Acting Mayor* Ayes -Mayor Longrie, Councilmembers Cave and Rossbach Nay -Council members Hjelle and Juenemann Appointment Kathleen Juenemann Will Rossbach (Alternate) Rebecca Cave *Rotation of acting mayors: 2005 Will Rossbach, 2006 Kathleen Juenemann Data Compliance Officers: Responsible Authority Karen Guilfoile City Personnel Officer Terrie Rameaux City Law Enforcement Officer David Thomalla Fire Relief Association Relief By -Laws require Mayor to be member of the Board Joint Ice Arena Board Municipal Legislative Commission (Monthly, Wed. 11:30 a.m.-1:00 p.m.) N.E.S.T (First Tuesday @ 7:30 p.m.) Official Newspaper The Partnership Diana Longrie Gayle Bauman (Staff Liaison) Erik Hjelle Rebecca Cave Doug Taubman (Staff Liaison) Diana Longrie Rebecca Cave (Alternate) Will Rossbach Diana Longrie Tabled for further data Erik Hjelle Mike Shortreed (Staff Liaison) Police Civil Service Commission Erik Hjelle January 8, 2007 City Council Meeting 16 (Meets as Needed) Ramsey County League of Local Governments Ramsey/Washington Suburban Cable Commission Rush Line Corridor Suburban Area Chamber of Commerce Suburban Rate Authority (First month of quarter) St. Paul Water Utility Board of Commissioners Terrie Rameaux (Staff Liaison) Will Rossbach Kathleen Juenemann (Alternate) Kim Facile Rebecca Cave (Alternate) Will Rossbach Chuck Ahl (Staff Liaison) Diana Longrie Diana Longrie Will Rossbach Mayor Longrie moved to extend the meeting until all agenda items are completed. Seconded by Councilmember Hjelle A five minute break was taken. 5. Rules of Procedure for Public Hearings Ayes -Mayor Longrie, Councilmembers Cave, Hjelle and Rossbach Nay-Councilmember Juenemann a. REaL Director/Interim Parks and Recreation Director Guilfoile presented the report. Councilmember Hjelle moved to approve the draft of the Rules of Procedures for Public Hearings. Seconded by Councilmember Cave Ayes -All 6. Discontinuation of Pre -Agenda a. City Manager Copeland presented the report. Councilmember Cave moved to discontinue pre -agenda meetings and amend the Polices Handbook accordingly. Seconded by Councilmember Hjelle Ayes -All January 8, 2007 City Council Meeting 17 7. Purchase of ATM Machines for City Hall and the Community Center a. REaL Director/Interim Parks and Recreation Director Guilfoile presented the report. Councilmember Hjelle moved to approve the purchase of ATM Machines from Ultimate ATM Service for $3,100 each (excluding tax) and for the installation of the necessary phone lines for Citv Hall and the Communitv Center. Seconded by Councilmember Cave Ayes -All 8. Saint Clair Hills (Carver Avenue, east of 1-494) Moratorium Variance Rezoning (R -1(R) to R-1) a. Planner Roberts presented the report. b. Commissioner Trippler presented the Planning Commission report. C. Jamie Jensen, 1517 Dawn Circle, Arden Hills, the applicant, was present for council questions. Councilmember Rossbach moved to deny the request from Jamie Jensen for a variance from the development moratorium for the property south of Carver Avenue and east of Sterling Street because it does not meet the required findings by state law that strict enforcement would cause an undue hardship; there is no hardship in this case. Council cannot determine whether the variance would be in keeping with the spirit and intent of the ordinance in studying the area because a study has not been completed therefore council does not know what the spirit and intent are. Seconded by Councilmember Cave Ayes -All Mayor Longrie moved to deny the proposed zoning map change (from R -1(R) to R-1) for the proposed Saint Clair Hills development on Carver Avenue based upon the recommendations of the denial in the staff report (items 1 and 2) and adding the following item 3: 1. The request does not meet all the criteria required by the city for a zoning map change. This is because the city cannot determine if the proposed zoning change would have any negative effect upon the logical, efficient, and economical extension of public services and facilities. 2. The moratorium prohibits the city from considering rezoning or development requests, unless the city approves a variance to the moratorium. 3. The proposed rezoning is not consistent with the R -1(R) zoning that the city intends to preserve the semi -rural lifestyle and minimize tract housing. Seconded by Councilmember Hjelle Ayes -All Mayor Longrie moved to support staff sending the applicant an extension notice to allow time for the minutes to be approved and to send the specific findinas to the applicant. Seconded by Councilmember Cave Ayes -All January 8, 2007 City Council Meeting 18 9. 2007 Membership Due Payments to Municipal Legislative Commission and Association of Metropolitan Municipalities (Metro Cities) a. City Manager Copeland presented the report. Councilmember Hjelle moved to authorize payment of 2007 dues for the Municipal Legislative Commission ($9,070) and the Association of Metropolitan Municipalities ($8,987.) Seconded by Councilmember Cave Ayes -All 10. Citizen Advisory Boards and Commissions Policies a. City Manager Copeland presented the report. Councilmember Hjelle moved to table this item (Citizen Advisory Boards and Commissions Policy) for further discussion. Seconded by Councilmember Cave Ayes -All 11. Historical Preservation Commission a. City Manager Copeland presented the report. Councilmember Cave moved to adopt the following resolution (07-01-005) stating support for the 2007 National Preservation Conference Tour of the Bruentrup Heritage Farm and Ramsey County Poor Farm: Seconded by Councilmember Rossbach Ayes -All January 8, 2007 City Council Meeting 19 M. COUNCIL PRESENTATIONS Recording of Meetings Councilmember Rossbach requested City Attorney Kantrud's opinion on the recording of the Mayor's Forum due to concerns residents have relayed to him. 2. Mounds City Superintendent Councilmember Hjelle shared a recent article from the Star Tribune regarding a decision made by the Attorney General's Office regarding whether a public works employee serving on the city council created an incompatibility of offices. The Attorney Generals decision included that it did not appear that the office of city council member and city employee were necessarily or inherently incompatible and that local officials, and not the Attorney General, are in the best position to evaluate whether the position would constitute a conflict. 3. Police Civil Service Commission As the Council Liaison for the Police Civil Service Commission, Councilmember Hjelle shared his dissatisfaction with not being notified of the recent emergency meeting of the Police Civil Service Commission until after the fact. He suggested a phone call in the future would be beneficial and appreciated in the case of an emergency meeting. N. ADMINISTRATIVE PRESENTATIONS Incompatibility of Office City Manager Copeland will be placing the recent decision made by the Attorney General's office in the personnel files of Councilmember Hjelle and George Cave which indicates no conflict of interest for city employees serving on the city council. 2. Letterhead City Manger Copeland presented a draft of proposed letterhead reflecting the City's 50th Anniversary. O. ADJOURNMENT Mayor Longrie adjourned at 12:42 a.m. January 8, 2007 City Council Meeting 20 MEMO TO: Maplewood City Council and City Manager FROM: Charles Ahl, Public Works Director/City Engineer Bryan Nagel, Street Superintendent SUBJECT: Fact Sheet Regarding Agenda Item 16, Approve Purchase of Bobcat 5600 Turbo Work Machine / Toolcat DATE: January 8, 2007 The attached fact sheet was prepared in response to the mayor's request for additional information regarding the purchase of the Bobcat 5600 Turbo Work Machine / Toolcat. Bobcat 5600 Turbo Work Machine / Toolcat Fact Sheet Funding: Capital Outlay Request from EUF Fund Warranty: 1 Year Maintenance Cost: Approximately $250.00 per year for routine maintenance: including oil & filters, belts, & hoses Tasks 1. City staff has completed pond inspections/inventory throughout the city. The next step is to start accessing these areas. The Toolcat will enable city crews to haul tools and materials in and out of these areas without damaging yards, thus avoiding costly restoration. 2. The Toolcat, a rear discharge machine, will be used for mowing of boulevards and right-of-way areas. Currently these areas are mowed with a side discharge machine and grass is often discharged into the street. When that occurs, a street sweeper is often needed to clean up after mowing. 3. The Toolcat will also be used as the primary snow removal machine for our sidewalks. It is able to run the equipment that the city currently owns including blowers, v -plow, and broom. It is estimated that these three specific tasks would total approximately 600 — 800 hours of work time per year. The current weekly rental rate for a Toolcat is $800 per week. The estimated cost of rental would be $12,000 - $16,000 per year. Bobcat Company Page 1 of 1 r "Of ma * products owwviaw Aft -4 hek- Steer'Loaders Attachments campact ExcavaR0ra Compact "ftaek Londera Light cofteutrclion Leadw Sack.hoes Mfni't'kaek Loaders S)dd-Steer Loaders Tooticat Mork 9twhine Utility, ProdUcto uaraaRandlatM Historical Speca Equipment Financing Pileing Irdarmatban Trade Showa :& Faits P. Tratnittg Resoure" M i3oaler Locator Toolcat Overview: Features Specifications Applications CWingefu CaAwt t" Select a Product Attacl View the many atta, available for the Took work r Standard Eau The Toolcat utility work i comes standard with the 1 eq Eases W Learn how the Toolr Eases Tough Winter V1 More than you need? Check out my little brothers. o, ±il orkSaaer Toolcat Utility Work THIS IS IT. ► Markets The new ToolcatTm 5600 is an entirely new concept in utility work machines. It was developed by Bobcat Company after hundreds of hours of research with r 8*bcatStvey customer discussion groups around the nation. r hiedld Resoum" You told us what you wanted in a machine that would excel at large property maintenance and commercial groundskeeping. Bobcat engineers went to P. C<Mtacls work, and after years of planning, designing and testing, created a machine like no other on earth—the Toolcat 5600! ► Bohoal Merrchandlse The first of its kind There's never been a machine like the 5600. It's designed to have all the best Etriptoyn ent features of a utility loader, pickup truck and attachment carrier. It will not only take you and a co-worker to the jobsite, it will also complete the job like no Fraqua lyAsked other machine can! Questlr ns ► tnvestorR,latio Seeing is believing The revolutionary Toolcat 5600 is designed to out -lift, out -pull and out -haul other machines. Discover the performance yourself. F ingera dlRand.com CWingefu CaAwt t" Select a Product Attacl View the many atta, available for the Took work r Standard Eau The Toolcat utility work i comes standard with the 1 eq Eases W Learn how the Toolr Eases Tough Winter V1 P.O. Box 6000, West Fargo, ND 58078-6000 Send us your Questions & Comments. Technical Website Comments: webmaster Bobcat"S Read our Privacy Statement. do © Bobcat Company 1997-2006 httn://www.bobcat.com/Droducts/twm/index.html 1/8/2007 Request More Info Toolcat Utility Work Machine (PDF: 10 pages / 1. ToolcatTM Video Cli Bandwidth: High L Toolcat T- Safety Vi P.O. Box 6000, West Fargo, ND 58078-6000 Send us your Questions & Comments. Technical Website Comments: webmaster Bobcat"S Read our Privacy Statement. do © Bobcat Company 1997-2006 httn://www.bobcat.com/Droducts/twm/index.html 1/8/2007 Bobcat Company Angle Broom Pallet Forks Snow Blower Sprayer Auger Box Scraper Landpllane Mower Sand Spreader Snow Blade Tiller Trencher Also Available: Chipper Stump Grinder Dozer Utility Forks Grader Water Kit Scraper Whisker Seeder Tilt-Tatch Page 2 of 3 http://www.bobcat.com/products/twm/attachments.html 1/8/2007 Bobcat Company/WorkSaver/Fall 2004 Page 1 of 3 TOOLCAT 5600 EASES TOUGH WINTER WORKLOAD When it comes to comfort, the unique, multi-purpose ToolcatTm 5600 is second to none. The two -seat cab features unmatched ergonomics, good visibility, easy-to-use controls, a smooth ride and optional heated and air conditioned n Insure When it comes to working efficiently and Wariasawer ec current issue productively, this work utility machine tackles jobs like nothing Summer 2306 else can. It combines the best features of a tool carrier, spring 2006 loader and pickup truck with a 46 hp diesel engine (or sl205iait ,a0� optional 56 hp turbo), compact size and tight -turning, turf - Archives friendly all -wheel steering and four-wheel drive. �x . These features pay off on a wide range of jobs throughout Toolcat 861 P, hurk0a F. Bobcat limy P- itledla host umat I* Contacts ► Bcb=1 Merchandise f Fr ptoymonli i, Frequently asked duestiorm ► Investor F3alatlons the year whether mowing grass on a sizzling, sultry day in July or battling a blizzard on a frigid night in January. In fact, last winter provided a good test of the machine's mettle in keeping operators comfortable despite frosty temperatures and biting winds. In many areas, snowfall was far above average. But, the Toolcat 5600 proved up to the challenge of brushing, plowing or blowing snow quickly and easily in mountain towns as well as congested cities. 5600 eases tough winter workload John Watson, director of buildings and grounds for the Fashion Institute of Technology in New York City, describes his experience this way: We had more snow than usual last winter and no matter what we got hit with, our Toolcat machine had no problems removing it." Saving work in winter and beyond Lorain County Community College, Elyria, Ohio, replaced a tractor with a Toolcat 5600, purchased from Bobcat dealer D.L. Page. The unit works year-round on the campus. The timing was excellent. In January, snowfall in the area topped 70 in., second highest on record, reports Jeff Smith, physical plant operations supervisor for the college. Equipped with an angle broom, the Toolcat work machine cleaned the school's 2.5 miles of sidewalks more quickly than the tractor - brush unit it replaced. "The 5600 has streamlined our operation and shortened the hours our crew needs to clear the sidewalks," he says It also provides the power and precision needed to efficiently remove the snow, Smith adds. "The hydrostatic transmission allows us to keep the brush rotating at the proper speed, even while traveling at slow speeds," he says. At the same time the utility work machine gets into areas where the tractor couldn't operate. That includes working around columns that support a system of elevated walkways connecting many of the buildings on campus. "Maneuvering around the columns was a problem for the tractor," says Smith. "But with its all -wheel steering, the 5600 can easily get around the columns and right up next to httn://www.bobcat.com/worksaver/04fall/5600 workload.html 1/8/2007 Bobcat Company/WorkSaver/Fall 2004 doorways, reducing the amount of hand shoveling needed. Also, the heated cab allows the operator to work in shirt sleeves." User-friendly features The Toolcat 5600 owned by the Town of Avon, Colorado, is used for a variety of street and park maintenance chores. In the winter, that means clearing snow from sidewalks, pedestrian malls and bike paths. It can be a long season. Situated at the base of Beaver Creek ski resort, winter weather typically starts in mid-November and lingers well into April. "Our operators really like the heated cab," says Dan Higgins, fleet manager. The machine also gives them a good view of the 72 -in. snow blade so they can see exactly where it is and avoid hitting objects." All -wheel steering, he reports, makes it easy to maneuver in tight areas and around benches and light poles. As fleet manager, Higgins also appreciates good support from his dealer, Bobcat of the Rockies, Grand Junction, and readily available parts. The machine is made in America so we quickly get any parts we need," he says. "We looked at other utility machines which were foreign -made and the parts were a lot more expensive and we would have had to wait much longer to get them." Versatile productivity Another municipality which learned the value of the Toolcat 5600 for clearing snow last winter was the City of Belleville, Ontario. The city bought the machine from John's Equipment Sales & Service, Ltd., just in time for winter. It replaced a dedicated snow -removal machine. "We wanted a piece of equipment we could use 12 months out of the year, says Gerry LeMay, superintendent of public works. Twenty-seven of our 30 operators selected it over three other utility machines we evaluated. They liked the Toolcat machine's ease of operation, simple -to -use controls, visibility and comfort." The 5600 clears sidewalks in an eight -by -six block area of downtown and on one of the city's four residential sidewalk routes. It's equipped with various Bobcat attachments, depending on snow conditions. The bucket is used in the downtown area to push snow off the sidewalks and into the streets or to load snow into the back of a small dump truck. The hydraulically operated angle broom is used to brush away light snow, while the snow blade is used to remove packed snow and ice. "If the snow in the downtown area is really deep, we'll mount the snowblower and blow the snow into trucks," LeMay says. The Toolcat 5600 is also nice in the residential areas because we can blow snow from the sidewalks into the yards and not on the driveways." Time -saving maneuverability "We can't fool around wasting time clearing snow," says Watson of the Fashion Institute of Technology. "Our students and faculty need to have ready access to our buildings." That's one reason he's been impressed with the performance of his Toolcat 5600 which is equipped with an http://www.bobcat.com/worksaver/04fall/5600—workload.html Page 2 of 3 1/8/2007 Bobcat Company/WorkSaver/Fall 2004 enclosed cab with heating and air conditioning. He's responsible for clearing snow from sidewalks, alleys and loading docks in a 11/2 square block area. The machine's Bobcat snow attachments include an angle broom for light snow, a snow blade for removing snow up to about 12 -in. deep and a snowblower. The cargo box is used to haul boxes of salt. "Our Toolcat machine definitely saves us time," Watson says. It works much faster than the small tractor, walk -behind plows and hand tools which it replaced, he reports. That time savings reflects the ability to change attachments quickly and all -wheel steering to maneuver easily and efficiently around tight corners and close quarters. The machine cuts labor costs as well. "The 5600 and one operator replaced three people," he says. The up -close view of the snow blade, great all-around visibility from the cab, the four headlights along with mirrors and strobe light add to the ease of working in high -traffic areas, he notes. His satisfaction with the machine is enhanced by strong service and support from his dealer, Bobcat of New York City. "Our 5600 is a terrific running machine," Watson says. Return to Table of Contents Page 3 of 3 P.O. Box 6000, West Fargo, ND 58078-6000 Send us your Questions & Comments. � Out � Technical Website Comments: Webmaster Read our Privacy Statement. © Bobcat Company 1997-2006 http://www.bobcat.com/worksaver/04fall/5600 workload.html 1/8/2007 'THIS IS IT. The new Toolcat" 5600 is an entirely new concept in utility work machines. It was developed by Bobcat Company after hundreds of hours of research with customer discussion groups around the nation. You told us what you wanted in a machine that would excel at large property maintenance and commercial groundskeeping: Bobcat engineers went to work, and after years 'of planning, designing and testing, created a machine like no other on earth — the Toolcat 5600! The first of its kind There's never been a machine like the 5600. It's designed to have all the best features of a loader, pickup truck and attachment carrier. It will not only take you and a co-worker to the jobsite, it will also complete the job like no other machine can! Seeing is believing The revolutionary Toolcat 5600 is designed to out -lift, out -pull, and out -haul other machines. Discover the performance yourself. See your Bobcat dealer for a demonstration! Great Visibility Two -Seat Cab Roll-over and Falling Object Protective Structures (BOPS/FOPS approved) Easy -To -Use Controls World -Famous Bobcat Attachments Cargo Area with 46 hp or 56 hp Turbo -Charged Diesel Enaine 4-1111heel Drive High-flow option now available The Bobcat chipper attachment grinds branches, trees and limbs, reducing branch volume ten -to -one. Highly maneuverable, it can easily be placed in backyards and remote areas. With carbide -tipped teeth and fingertip controls, the Bobcat stump grinder makes fast work of tree stump removal. Its 80 -degree arc lets you grind an entire stump from HYDROSTATIC DRIVE SYSTEM A special hydrostatic transmission gives Toolcat machines high axle torque, simple shifting and excellent speed control. High axle torque, coupled with 4 -wheel drive, delivers plenty of power for filling buckets, pulling heavy implements and trailers, and pushing large amounts of material. Shifting between low and high range can be done on -the -fly and while under power, so you're always in the right gear. Travel direction is changed with a shuttle lever. You get easy, synchronized changes in direction with no gear grinding — and no clutch to maintain! Variable speed control is simple. The drive pedal finds the exact speed you need. Cruise control and the speedometer make it easy to repeat and hold the right speed for jobs such as mowing, spraying and spreading sand. The front loader, with its excellent lifting capacity and reach, dumps into many truck and container sizes. Applications for the Toolcat sprayer attachment range from spot spraying for weed control to broadcast spraying of liquid fertiliser and chemicals. ATTACHMENTS With a wide variety of Bobcat built attachments available, Toolcat machines can handle many applications, including your toughest jobs from mowing to dirt work. And with the industry standard Bob -Tach'" system, attachment changes are easily accomplished by one person in a matter of minutes. trsibility. In designing the 5600, special attention was placed on attachment visibility. Because the attachments are front -mounted, they can be easily seen during connection and operation. Efficiency. Front -mounted attachments also have the advantage of allowing the work to be done before driving over the work area. This is particularly helpful for mowing, sweeping and snow removal applications. Other attachment features: • In -cab attachment controls • Hydraulic quick couplers with pressure release • Variable hydraulic flow • Dual direction detent The cab is enclosable, with doors, heater and air conditioning as factory options. The Bobcat sod layer attachment installs 24 in. and 48 in. sod rolls quickly and easily. ALL -WHEEL STEERING Tight turns, excellent maneuverability, turf -friendly operation — those are just some of the advantages of the revolutionary all -wheel steering system developed especially for the 5600. With a 17 -foot turning diameter, the 5600 moves with great agility in surprisingly small spaces. Another advantage: machines with conventional steering require direction changes, but the 5600 can turn around without backing up! Less ground disturbance All -wheel steering makes the 5600 ideal for turf and grass work. That's because each axle shares the steering angle — this, coupled with dual differentials, allows sharp turns on grass and improved surfaces with little or no damage. Rear hydraulics and PTO kits Add versatility and improve productivity with rear hydraulics and PTO kits. Hydraulic PTO motor powers pull -type implements requiring up to 46 engine horsepower. Formed and Welded Rear Steel Frame Leaf Springs The suspension system provides many benefits, including smoother ride at travel speeds; axle oscillation for better traction; and modulation of attachment down -force. Machine 18 ft' (2/3 yard') - struck Engine 46 hp Kubota diesel 56 hp Kubota diesel Weight (no attachments) 4755 lb. 4820 lb. Overall Dimensions 37 in. 37 in. (length x width x height) 150 x 61 x 81 in. 148 x 61 x 81 in. Wheelbase 85 in. 85 in. Outside Turning Diameter (AWS) 17 ft. 17 ft. Fuel Capacity 10.5 gal. 16 gal. Tire Size 27 x 10.5-15 (6 -ply) 27 x 10.5.15 (6 -ply) Ground Clearance 10.2 in. 10.2 in. Travel Speeds Low Range 0 - 10 mph 0 - 10 mph High Range 0 - 18 mph 0 -18 mph Reverse 0 -10 mph 0 -10 mph Loader Fuel and temperature gauges Suspension driver's seat Rated Operating Capacity (ROC) 1500 lb. 1500 lb. Lift Height (pivot pin) 84 in. 84 in. Max. Reach (pivot pin) 35 in. 35 in. Roll -Back Angle fat ground level) 30° 30° Dump Angle (at full lift height) 40° 40° Pilot -controlled hydraulic joystick with integrated float feature Quick -latch tailgate :Attachment Systems, Hydraulic Flow 18 gpm 18 gpm High -Flow Hydraulics (optional) NA 26 gpm Hydraulic Pressure 3000 psi 3000 psi Bob-TachTM quick -attach system mounted to the loader Hydraulics supplied by quick couplers with pressure -release system Hydraulics activated by variable-rate fingertip controls Machine. Capacities Cargo Box Volume 18 ft' (2/3 yard') - struck 18 f' (2/3 yard') - struck Cargo Box Size (length x width x height) 61 x 52 x 10 in. 61 x 52 x 10 in. Bed Height (from ground) 37 in. 37 in. Cargo Box Lift Dual hydraulic cylinders Dual hydraulic cylinders Cargo Boz Maximum Load 2000 lb. 2000 Ib. Machine Rated CapacitVJ mbmad agnl 2200 lb. 2200 lb. V load oam,.a,m, ..,go bxlaad, op—ta, and pada W) Total Rated Ca pa city hombaad w gbl oeoad 4200 lb. 4200 lb. on GN am, calga box load, oparama, p assango, and mxwagh, l Standard Features " All -wheel steer Front and rear suspension Radiator Screen Automatic glow plugs Front window with dual Rear hitch Bolt -on box sides wipers Speedometer with stake pockets Fuel and temperature gauges Suspension driver's seat Cruise control Full-time four-wheel drive Tachometer Drivers side armrest Hand throttle Three-point seat belt with Toolcat Interlock Control Hourmeter with Two -speed transmission System (TICS1m) resettable job clock Variable -speed Engine and hydraulic Hydraulic box lift hydrostatic drive monitor with shutdown Quick -latch tailgate Worklights Complies with SAE J1040/ ISO 3471 for roll-over protection (HOPS) Complies with SAE J1043/ ISO 3449 (level one) forfalling object protection (FOPS) NOTE- Where applicable, dimensions are in accordance with Society of Automotive Engineers (SAE) ANSI and ISO standards. Specifications and design are subject to change without notice. Pictures of machines may show other than standard equipment. Bobcat Company complies with the requirements of 150 9001 as registered with BSI. OPERATOR TRAINING The ToolcatTM Utility Work Machine Operator Training Course and a 10 - minute safety video are available in English and Spanish. Check out the training resources link at www.bobcat.com. REAR WINDOW GUARD Protects window in the event of shifting or unsteady loads in dump box. BED LINER Heavy-duty liner permits easy dumping and cleanup, protects bed of dump box for longer service life.