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HomeMy WebLinkAbout2005 04-11 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, April 11, 2005 Council Chambers, City Hall Meeting No. 05 -07 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country C. ROLL CALL Mayor's Address on Protocol: "Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments /questions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments." D. APPROVAL OF MINUTES Minutes from the City Council /Manager Workshop -March 28, 2005 Minutes from the City Council Meeting -March 28, 2005 Minutes from the Council /Manager Workshop -April 4, 2005 E. APPROVAL OF AGENDA I I. III III M1:1ki III &yl:jd *9:1. III IeAI[a]kiP Planning Commission (PC) Appointments G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. Approval of Claims Conditional Use Permit Review — Schlomka Landscaping (2511 Carver Avenue) Donation to Police Department for Cops & Kids Fishing Clinic H. PUBLIC HEARINGS AWARD OF BIDS UNFINISHED BUSINESS Troutland Automobile Dealerships (New County Road D, west of Highway 61) Conditional Use Permits K. NEW BUSINESS 1. Intoxicating Liquor License Manager Approval — Carie Hemmingson, Buffalo Wild Wings 2. Ramsey County 800 Mhz Antenna Facility (645 Sterling Street South) Conditional Use Permit Design Approval 3. County Road D Improvements (TH 61 to Southlawn), City Project 02 -07 — Approve Property Acquisition Agreement with Northern States Power Company (dba as Xcel Energy) 4. Dahl Avenue, Street and Utility Improvements for the Woodhill Development, Project 05- 10 — Accept Petition Requesting Public Improvement and Resolution Ordering Preparation of Feasibility Study 5. Myrtle Street Drainage Improvement, City Project 05 -11 — Resolution Ordering Preparation of Feasibility Study 6. Municipal State Aid Street Revision — Resolution Requesting Designation of Sterling Street and Brookview Drive as Municipal State Aid Routes 7. Dispatch Consolidation Consideration f TA1.1rt•]:a:J:1 *y4, III reAI[•],6y M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS White Bear Avenue Parade -No Report O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249 -2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, itis understood that everyone will follow these principles: Showrespect for each other, actively listen to one another, keep emotions in check and use respectful language. Draft - MINUTES COUNCIL /MANAGER WORKSHOP Monday, March 28, 2005 Council Chambers, City Hall 6:00 p.m. A. CALL TO ORDER B. ROLL CALL Robert Cardinal, Mayor Kathleen Juenemann, Councilmember Marvin Koppen, Councilmember Jackie Monahan - Junek, Councilmember Will Rossbach, Councilmember Others Present: City Clerk Guilfoile Planner Flnwall Eli F- : Z 6 ] � /e1w e ] ye[ H :I ki 117 -11 Present Present Present Present Present Councilmember Koppen moved to approve the agenda as presented. Seconded by Councilmember Monahan -Junek Ayes-All NEW BUSINESS Community Design Review Board (CDRB) Interviews Agenda Item D1 The following applicants were interviewed for the four vacancies on the Community Design Review Board: 1) Diana Longrie 2) John Hinzman 3) Valerie Taylor 4) Linda Mae Olson 5) Matt Ledvina Applicant Jeremy Yarwood was interviewed for a vacancy on the Planning Commission due to his inability to attend the council interviews on April 11, 2005. After completion of the interviews, the councilmembers ranked the applicants on a scale of 5 -1. The City Council will vote on the appointments at the following City Council Meeting. C F FUTURE TOPICS ADJOURNMENT Mayor Cardinal moved to adjourn at 6:57 p.m. Seconded by Councilmember Monahan -Junek Ayes-All City Council /Manager Workshop 03 -28 -05 U 1 -1 C. DRAFT -- MINUTES MAPLEWOOD CITY COUNCIL 7:05 P.M. Monday, March 28, 2005 Council Chambers, City Hall Meeting No. 05 -06 CALL TO ORDER: Agenda Item D2 A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 7:05 P.M. by Mayor Cardinal. I :A:l El0181= ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan - Junek, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES 1. Minutes from the Council /Manager Workshop, March 14, 2005 Councilmember Juenemann moved to approve the minutes from the March 14, 2005 City Council /Manager workshop as presented. Seconded by Councilmember Rossbach Ayes -Mayor Cardinal, Councilmembers, Juenemann, Koppen and Rossbach Abstain - Councilmember Monahan -Junek 2. Minutes from City Council Meeting -March 14, 2005 Councilmember Juenemann moved to approve the minutes from the March 14, 2005 as amended. Seconded by Councilmember Rossbach Ayes -Mayor Cardinal, Councilmembers, Juenemann, Koppen and Rossbach Abstain - Councilmember Monahan -Junek E. APPROVAL OF AGENDA M1. Democratic Governance M2. Mayor Inquiries M3. City Cleanup Day N1. April 4, 2005 Meeting N2. Dispatching Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Rossbach Ayes -All City Council 03 -28 -05 I I as] I.kIMI:I. I &91:jN:&I:I. I re 1. Community Design Review Board Appointments a. City Manager Fursman presented the staff report. b. Planner Roberts presented specifics from the report. Councilmember Rossbach moved to appoint the following persons to fill the four vacancies on the Community Design Review Board: 1. John Hlnzman with a term expiring January 1, 2006. 2. Matt Ledvina with a term expiring January 1, 2007. 3. Diana Longrie with a term expiring January 1, 2007. 4. Linda Olson with a term expiring January 1, 2007. Seconded by Councilmember Monahan -Junek Ayes-All 2. Tobacco Free Parks Carolyn Wieger, 2200 East Buhl Avenue, North St. Paul, presented the city council with a certificate of appreciation for voting for Tobacco Free Parks 3. Proclamation — Days of Remembrance - Holocaust Mayor Cardinal read a proclamation for the Days of Remembrance for the Holocaust. Mayor Cardinal moved to approve the Proclamation for the Days of Remembrance for the Holocaust. Seconded by Councilmember Rossbach Ayes-All 1 � � 81 • 1, 1.1 :1 . III reT H :I . I. 7e1 Councilmember Koppen moved to approve consent agenda items 1- 8. Seconded by Councilmember Monahan -Junek Ayes-All Councilmember Juenemann moved to approve consent agenda item 9. Seconded by Councilmember Rossbach Ayes-All 1. Approval of Claims ACCOUNTS PAYABLE: $ 185,836.78 Checks # 66461 thru # 66500 dated 03/15/05 $ 135,867.96 Disbursements via debits to checking account dated 03/04/05 thru 03/10/05 $ 82,572.62 Checks # 66501 thru # 66539 City Council 03 -28 -05 2 dated 03/22/05 $ 279,501.46 Disbursements via debits to checking account dated 03/11/05 thru 03/17/05 $ 683,778.82 Total Accounts Payable PAYROLL $ 440,792.33 Payroll Checks and Direct Deposits dated 03 -11- 05 $ 5,520.38 Payroll Deduction check # 100763 thru # 100768 dated 03 -11 -05 $ 446,312.71 Total Payroll $ 1,130,091.53 GRAND TOTAL 2. Resolution Clarification — Netnorlin Court Right -of -Way Vacation Adopted the following resolution clarifying the language for the street vacation for Netnorlin Court lying south of the Woodlynn Avenue right -of -way: VACATION RESOLUTION REVISION 05 -03 -041 Underlined or stricken text represents suggested text to be included or deleted in the revision to the vacation resolution Pursuant to due call and notice thereof, a regular meeting of the City Council of Maplewood, Minnesota, was duly called and held in the Council Chambers in said City on the 25th day of June, 1990, at 7:00 p.m. The following members were present: Gary W. Bastian, Councilmember Frances L. Juker, Councilmember George F. Rossbach, Councilmember Joseph A. Zappa, Councilmember The following members were absent: Norman G. Anderson, Mayor Councilmember Zappa introduced the following resolution and moved its adoption: 90 -6 -103 WHEREAS, Mack Nettleton initiated proceedings to vacate the public interest in the following - described property: Netnorlin Court south of Woodlynn Avenue right -of -way City Council 03 -28 -05 3 WHEREAS, the following adjacent properties are affected: Lots, 18, 19, 21, 22, and 23, Netnorlin Addition WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said street have signed a petition for this vacation; This vacation was reviewed by the Planning Commission on September 18, 1989. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on January 8, 1990, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. WHEREAS, upon vacation of the above - described street, public interest in the property will accrue to the following- described abutting properties: Lots 18, 19, 21, 22, and 23, Netnorlin Addition NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in the public interest to grant the above - described vacation on the basis of the following finding of fact: 1. When the adjoining properties are replatted, the street right -of -way will not be used as an access to any of the abutting properties, 2. The adjoining property owners have no interest in improving the street, 3. This street segment will not be needed for area traffic circulation of emergency vehicle access. This vacation is subject to the PL #PRtce ^f 2'^ by 59 feet city retaining a25-foot-long-by-50-foot-wide drainage and utility easement down the center of the vacated right -of -way adjacent to the Woodlynn Avenue right -of -way and a 50- foot -wide ingress and egress easement down the center of the vacated right -of -way from Woodlynn Avenue to the south end of the vacated cul -de -sac for the City to have access to maintain the drainage area on Lot 21. Seconded by Acting Mayor Rossbach Ayes— Acting Mayor Rossbach, Councilmembers Juker, Zappa Nays - Councilmember Bastian The Maplewood City Council adopted the original resolution on June 25, 1990. Conditional Use Permit Review— Emma's Place (2161- 2163 -2165 Van Dyke Street) Approved the conditional use permit for Emma's Place located at 2161, 2163 and 2165 Van Dyke Street North and review again in the future only if a problem arises or an expansion is proposed. Conditional Use Permit Review— Maplewood Toyota (2873 Highway 61 North) Approved the conditional use permit for Maplewood Toyota at 2873 Highway 61 only if the applicant proposes a change or expansion to the facility or if a problem arises. Temporary Gambling — Temporary Liquor — Church of the Presentation of the Blessed Virgin Mary City Council 03 -28 -05 Adopted the following resolution for a temporary gambling permit and temporary liquor license for Stephen Klein, on behalf of the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street, for their annual Spring Festival April 30, 2005 and May 1, 2005: RESOLUTION 05 -03 -036 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Southwinds Development at Hazelwood Street, City Project 04 -31— Approve Revision to Development Contract for Coop Grading, Right of Way Purchase, Assessment Payments and Sale of City Purchased Property with Southwinds of Maplewood, LLC Approved the following Agreement with Southwinds of Maplewood, LLC for Cooperative Grading, Right of Way Purchase, Assessment Payment, and Sale of City Purchase Property as part of Legacy Parkway, City Project 03 -26 and Grading at South winds Development, City Project 04 -31: This Agreement, dated March , 2005, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City ") and Southwind of Maplewood, LLC, a limited liability company in the State of Minnesota ( "Southwinds "). WHEREAS, the City and Southwinds have previously entered an agreement for Improvements and Sale of Property; WHEREAS, the parties desire to clarify issues related to said agreement. NOW THEREFORE, the City and Southwinds agree to add the following agreements to said original agreement. 1. Southwinds represents and warrants to the City that: A. It has been provided with all necessary documents by City related to title evidence. B. It agrees to be responsible for all real estate taxes for the subject property sale from City beginning on January 1, 2005. City shall be responsible for all real estate taxes for City property for 2004. City Council 03 -28 -05 C. It agrees to accept the assessments currently levied for City Project 03 -26 against the following parcels: a. 3016 Hazelwood $ 5,663.54 b. 3004 Hazelwood $14,158.85 C. 3062 Hazelwood $ 8,495.31 d. TOTAL $28,317.70 D. Said assessments shall be considered as payment to the City of the terms of this Agreement. E. It agrees to pay to the City the following amounts for improvements constructed by City: a. Water Main b. Water Main C. Water Service d. Water Service e. Sanitary Sewer f. Sanitary Sewer g. Sewer Service h. Sewer Service i. TOTAL DUE $ 6,568.00 (City property side) $ 6,568.00 (Southwinds side) $ 3,000.00 (City side) $ 3,250.00 (Southwinds side) $ 6,568.00 (City side) $ 6,568.00 (Southwinds side) $ 3,000.00 (City side) $ 3,250.00 ( Southwinds side) $38,772.00 F. It agrees that the amount due to the City related to the Mass Grading Project shall be reduced from $75,000.00 to $51,700.00 due to actions performed by Southwinds to reduce project costs to City and due to low bid quantities. G. It agrees to pay to the City the amount of $2,150.00 as costs related to closing. City shall be responsible to pay the state deed tax. Southwinds agrees to record the limited warranty deed supplied by City for the sale of the City property and to record said deed and pay all associated fees for recording. H. It agrees that the following shall summarize the closing amounts due by Southwinds to the City consider under all agreements a. Current levied assessments — credit ($ 28,317.70) b. Utility assessments $ 38,772.00 C. Property sale $150,000.00 d. Mass grading project payment $ 51,700.00 e. Closing expenses $ 2,150.00 f. City payment for right of entry ($ 50,000.00) g. TOTAL PAYMENT DUE TO CITY $164,304.30 I. It agrees to revise the requirement for units to include a maximum of five units with a value of at least $209,000 and at least nine units with a value of at least $229,900. The timing for construction of units shall remain unchanged. J. It agrees that all other terms of original agreement remain in full force and effect unless revised herein or by additional agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. National Incident Management System (NIMS) Resolution Adopted the following resolution designating the National Incident Management System (NIMS) as the basis for all incident management in the city of Maplewood: City Council 03 -28 -05 RESOLUTION 05 -03 -037 Resolution Designating the National Incident Management System (NIMS) as the Basis for all Incident Management in the CITY OF MAPLEWOOD WHEREAS the President of the United States, in Homeland Security Directive (HSPD)- 5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity; WHEREAS the collective input and guidance from all federal, state, local, and tribal security partners has been, and will continue to be vital to the development, effective implementation and utilization of a comprehensive NIMS; WHEREAS it is necessary and desirable that all federal, state, local and tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; WHEREAS, to facilitate the most efficient and effective incident management, it is critical that federal, state, local, and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform planning, training, and exercising standards, comprehensive resource management, and designated incident facilities during emergencies or disasters; WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities, and resources will improve the county's ability to utilize federal and state funding to enhance local agency readiness, maintain first responder safety, and streamline incident management processes; WHEREAS the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the State and the city of Maplewood, including current emergency management training programs; WHEREAS the National Commission on Terrorist Attacks (9 -11 Commission) recommended adoption of a standardized Incident Command System; WHEREAS the Governor of the State of Minnesota by Executive Order 05 -02, February 9, 2005, has designated the NIMS as the basis for all incident management in the State of Minnesota; NOW, THEREFORE, the Maplewood City Council does hereby establish the National Incident Management System (NIMS) as the standard for incident management in Maplewood. 8. Wakota Mutual Firemen's Aid Association Fire Service Agreement Moved to approve the signing of the Wakota Mutual Firemen's Aid Association fire Service Agreement for another three years. City Council 03 -28 -05 Transfers to Close Gladstone Project 01 -23 Approved a transfer of #3,433.50 to the Park Development Fund from the fund for project 01 -23 and authorized the appropriate budget changes. 10. Transfers to Close Eldridge Avenue Project 01 -29 Approved a transfer of $4,040 from the sanitary sewer fund to the fund for project 01 -29, approved a transfer of $27,850.44 from the fund for project 02 -10 to the fund for project 01 -29 and authorized the appropriate budget changes. 11. Upgrade to Heating and Cooling System at City Hall Authorized the use of funds to upgrade the heating and cooling system at City Hall 12. Temporary Impound Lot Contract Moved to enter in to a lease agreement between the City of Maplewood and D.K. Dockendorf, Inc. and March Ashby Trust. H. PUBLIC HEARINGS 1. 7:00 p.m. Tax - Exempt Financing Request - Mounds Park Academy (2051 Larpenteur Avenue) a. City Manager Fursman presented the report. b. Associate Planner Roberts presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Cardinal closed the public hearing. Councilmember Monahan -Junek moved to adopt the following resolution approving up to $14 million in tax - exempt revenue financing for Mounds Park Academy at 2051 Larpenteur Avenue: RESOLUTION 05 -03 -032 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF EDUCATIONAL FACILITIES REVENUE BONDS, TO PROVIDE FUNDS FOR AN EDUCATIONAL FACILITY PROJECT, ON BEHALF OF MOUNDS PARK ACADEMY BE IT RESOLVED by the Maplewood City Council (the "City "), as follows: 1. Authority The City is, by the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.152 through 469.1651, as amended (the "Act'), authorized to issue and sell its revenue bonds for the purpose of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment. 2. Authorization of Protect; Documents Presented Mounds Park Academy, a Minnesota nonprofit corporation (the "Borrower "), has proposed to this Council that the City issue and sell its Variable Rate Demand Educational Facilities Revenue Bonds (Mounds Park Academy Project), Series 2005 in City Council 03 -28 -05 substantially the form set forth in the hereinafter - mentioned Indenture (the "Bonds "), pursuant to the Act and loan the proceeds thereof to the Borrower, in orderto provide financing forthe acquisition, construction and equipping of an athletic field house, a two -story classroom addition linking the field house to the upper school, an early childhood (pre - kindergarten) classroom, and new parking and driveway improvements together with the construction of various capital improvements to the existing facilities located at 2025 and 2051 Larpenteur Avenue East in the City (the "Project "). Forms of the following documents relating to the Bonds have been submitted to the City: (a) Loan Agreement (the "Loan Agreement ") dated as of May 1, 2005 between the City and the Borrower; and (b) Indenture of Trust (the "Indenture ") dated as of May 1, 2005, between the City and U.S. Bank National Association, as trustee (the "Trustee "); and (c) Bond Purchase Agreement (the "Bond Purchase Agreement "), by and between Piper Jaffray & Co., (the "Underwriter "), the Borrower and the City; and (d) Form of the Official Statement, which together with all Appendices thereto and the insertion of the final underwriting details of the Bonds, including the interest rates thereon, and any other changes deemed necessary or desirable, is intended to constitute the final Official Statement (together the "Official Statement "). 3. Findings It is hereby found, determined and declared that: (a) On the basis of information available to the City it appears, and the City hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision 2 of Section 469.153 of the Act; that the Project furthers the purposes stated in Minnesota Statutes, Section 469.152; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to the Borrower to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City provide higher educational services for students, to help prevent the movement of talented and educated persons out of the state and to areas within the state where theirservices may not be as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the community. (b) There is no litigation pending or, to the best of its knowledge, threatened against the City relating to the Bonds, the Loan Agreement, the Bond Purchase Agreement or the Indenture or questioning the due organization of the City, or the powers or authority of the City to issue the Bonds and undertake the transactions contemplated hereby. (c) The execution, delivery and performance of the City's obligations under the Bonds, the Indenture, the Bond Purchase Agreement and the Loan Agreement do not and will not violate any order of any court or other agency of government of which the City is aware or in which the City is a party, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. (d) It is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture, underthe provisions of which the City's interest in the Loan Agreement will be pledged to the Trustee as security forthe payment of principal of, premium, if any, and interest on the Bonds. (e) The Loan Agreement provides for payments by, or on behalf of, the Borrowerto the Trustee for the account of the City of such amounts as will be sufficient to pay the principal of, City Council 03 -28 -05 premium, if any, and interest on the Bonds when due. The Loan Agreement obligates the Borrower to pay for all costs of operation and maintenance of the Project facilities, including adequate insurance, taxes and special assessments. (fl Under the provisions of the Act, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from nor charged upon any funds other than amounts payable pursuant to the Loan Agreement and moneys in the funds and accounts held by the Trustee which are pledged to the payment thereof; the City is not subject to any liability thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, norto enforce payment thereof against any property of the City; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City (other than the interest of the City in the Loan Repayments to be made by the Borrower under the Loan Agreement); and each Bond issued under the Indenture shall recite that such Bond, including interest thereon, shall not constitute or give rise to a charge against the general credit or taxing powers of the City. 4. Approval and Execution of Documents The forms of Loan Agreement, Indenture and Bond Purchase Agreement referred to in paragraph 2, are approved. The Loan Agreement, Indenture and Bond Purchase Agreement shall be executed in the name and on behalf of the City by the Mayor and the City Clerk, or executed or attested by other officers of the City, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof; and then shall be delivered to the Trustee. 5. Approval, Execution and Delivery of Bonds The City shall proceed forthwith to issue the Bonds, in an aggregate principal amount not to exceed $14,000,000, in the form and upon the terms set forth in the Indenture, which terms are for this purpose incorporated in this resolution and made a part hereof; provided, however, that the initial aggregate principal amount of and the maturities of the Bonds, the interest rates thereon, and any provisions for the optional or mandatory redemption thereof shall all be as set forth in the final form of the Indenture to be approved, executed and delivered by the officers of the City authorized to do so by the provisions of this Resolution, which approval shall be conclusively evidenced by such execution and delivery; and provided further that, in no event, shall such maturities exceed 30 years or such rates of interest exceed 10.00% per annum. The Underwriter has agreed, pursuant to the provisions ofthe Bond Purchase Agreement and subject to the conditions therein set forth, to purchasethe Bonds at the purchase price set forth in the final form of the Bond Purchase Agreement, and approval of said purchase prices shall be conclusively evidenced by execution and delivery of the Bond Purchase Agreement by the officers of the City authorized to do so by the provisions of this Resolution. The Mayor, City Clerk and other City officers are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee, together with a certified copy of this Resolution and the other documents required by the Indenture, for authentication, registration and delivery to the Underwriter. As provided in the Indenture, each Bond shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. 6. Official Statement The City hereby approves the form of and consents to the circulation by the Underwriter of the Official Statement in offering the Bonds for sale; provided, however, that the City has not participated in the preparation of the Official Statement or independently verified the information in the Official Statement and takes no responsibility for, and makes no representations or warranties as to, the accuracy or completeness of such information. 7. Bank Documents The City understands that, in connection with the issuance of the Bonds it is intended that a Letter of Credit and Reimbursement Agreement (the "Reimbursement Agreement'), and a Disbursing Agreement (the "Disbursing Agreement'), both dated as of May 1, 2005, be entered into between the Borrower and U.S. Bank National Association (the "Bank "). 8. Certificates, Additional Agreements, etc. The Mayor, City Clerk and other officers of the City are authorized and directed to prepare and furnish to bond counsel, the Bank and the purchasers of the City Council 03 -28 -05 10 Bonds, when issued, certified copies of all proceedings and records of the City relating to the Bonds, such additional agreements as may be necessary in connection with the issuance of the Bonds and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. Seconded by Councilmember Koppen Ayes-All AWARD OF BIDS County Road D Realignment West (Walter Street to TH 61) City Manager Fursman presented the report. City Engineer AN presented specifics from the report. Councilmember Koppen moved to adopt the following resolution to T.A. Schifsky and Sons, Inc. for the amount of $688,162.93: RESOLUTION 05 -03 -033 FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky & Sons, Inc., in the amount of $668,162.93 is the lowest responsible bid for the construction of County Road D Realignment West (Walter Street to T.H. 61), City Project 02 -08, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Seconded by Councilmember Juenemann Ayes-All UNFINISHED BUSINESS None K. NEW BUSINESS Sale of City -Owned Lot (between 2647 and 2659 Brookview Drive) City Manager Fursman presented the staff report. Planner Roberts presented specifics from the report. The following residents were heard Corey Sandberg, Representing Kingdom Homes Joseph Korba, 2659 Brookview Drive, spoke and presented the Mayor with a neighborhood petition. Bruce Rinkel, Representing Merit Chevrolet presented the Mayor and council a "reverter" letter of agreement. Councilmember Koppen moved to table this item for further review by the city attorney and staff. City Council 03 -28 -05 11 Seconded by Councilmember Juenemann Ayes-All A short break was taken. 2. MGM Liquor Warehouse- Off -Sale Intoxicating Liquor License, Change of Owner, and Change of Manager City Manager Fursman presented the staff report. City Clerk Guilfoile presented specifics from the report. Councilmember Monahan -Junek Avenue. Seconded by Councilmember Koppen Ayes-All TH 61 Frontage Road Improvements, City Project 04 -25 — Approve Exchange Agreements for Project Improvement and Assessment Waivers with: a. Bloomer Properties (Lexus) b. Kline Volvo C. Kline Nissan City Manager Fursman presented the staff report. City Engineer AN presented specifics from the report. Councilmember Koppen moved to approve the exchange agreements with Lexus of Maplewood, Kline Volvo, and Kline Nissan for the TH 61 East Frontage Road Improvement Project, City Project 04 -25: EXCHANGE AGREEMENT This Agreement, dated March 2005, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City ") and Bloomer Properties, LLC, a limited liability company in the State of Minnesota ('Bloomer Properties "). WHEREAS, the City is undertaking a project known as the TH 61 East Frontage Road Improvements, Project Number 04 -25; WHEREAS, Bloomer Properties owns property in the Project Area, legally described as: Tract D, Registered Land Survey No. 525, County of Ramsey, State of Minnesota. "Lexus Property ;" WHEREAS, Bloomer Properties leases the Lexus Propertyto an operatorwhich operates its Lexus of Maplewood business on the Lexus Property; WHEREAS, the City is in need of a temporary construction easement over a portion of the Lexus Property for the TH 61 East Frontage Road Improvements, Project Number 04 -25, legally described as follows: That part of Tract D lying westerly of the following described line: Commencing at the northwest corner of said Tract D; thence easterly, south 89 degrees, 52 City Council 03 -28 -05 12 minutes, 48 seconds east, on an assumed bearing, along the north line of said Tract D, a distance of 51.17 feet to the point of beginning of said line; thence south 12 degrees, 24 minutes, 18 seconds west a distance of 313.18 feet to the south line of said Tract D and there terminating. Said temporary easement containing 17,145 square feet (0.394 acres) more or less. "Temporary Construction Easement Property ;" WHEREAS, in exchange for a temporary easement over the above - described Temporary Construction Easement Property by Bloomer Properties, the City of Maplewood shall: 1. Construct the TH 61 East Frontage Road Improvements, City Project 04 -25 as shown on the attached final construction plans prepared by SEH, Inc. 2. Once the TH 61 East Frontage Road is constructed and the underlying property is vacated by Mn /DOT to the City of Maplewood, the City of Maplewood will convey the property vacated by Mn /DOT to Bloomer Properties and the TH 61 East Frontage Road shall become a private roadway. The City's cost for the vacation of the Mn /DOT property and the subsequent conveyance of the property to Bloomer Properties shall be the responsibility of Bloomer Properties at a cost not to exceed $7,000. The schedule for the vacation of the Mn /DOT property and the subsequent conveyance of the property to Bloomer Properties shall be established by Mn /DOT. 3. Support the installation of additional street lighting along the frontage road if desired by Bloomer Properties. The cost for the preparation of any street lighting design plans and for the installation of the additional street lighting shall be the responsibility of Bloomer Properties. The City reserves the right to review and approve the final design plans for the additional street lighting. NOW THEREFORE, in consideration of the City's construction of the TH 61 East Frontage Road Improvements, CP 04 -25: 1. Bloomer Properties agrees to covey a temporary construction easement over the Temporary Construction Easement Property. The temporary easement shall commence on May 1, 2005 and shall automatically terminate on September 1, 2006. Once roadway and utility construction activities begin within the Temporary Construction Easement Property, all work within the Temporary Construction Easement Property shall be completed within 120 calendar days unless unavoidable delays are created by acts of god, labor unrest, material shortages or any delay outside of the control of the City. The City agrees to accept the temporary construction easement overthe Temporary Construction Easement Property in its "as is, where is" condition. 2. Bloomer Properties agrees to the closure of their existing driveway access to TH 61 and the establishment of restricted access along the entire TH 61 frontage for the Lexus Property. 3. Bloomer Properties agrees to execute a cross access easement with Kline Volvo and Kline Nissan for the use and maintenance of the frontage road. The preparation of the cross access agreement, and all related costs, shall be the responsibility of Bloomer Properties, Kline Volvo and Kline Nissan. The cross access agreement shall be fully executed and a copy provided to the City by June 3, 2005. All costs associated with the future maintenance of the frontage road shall be shared among Bloomer Properties, Kline Volvo, and Kline Nissan based upon the following percentages: Bloomer Properties - 25 %, Kline Volvo - 25 %. and Kline Nissan - 50 %. 4. Bloomer Properties agrees to waive any claims against the City for loss of business due to loss of access during the construction of the frontage road. Bloomer Properties represents and warrants to the City that: A. Bloomer Properties has all requisite power and authority to execute this Agreement and the documents previously listed hereof, and the officers of Bloomer Properties who did or will execute the same for and on behalf of Bloomer Properties have the power and the authority City Council 03 -28 -05 13 to do so and to bind Bloomer Properties. B. Bloomer Properties will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement. C. Bloomer Properties hereby agrees that the truthfulness of each of the foregoing representations and warranties and of all other representations and warranties herein made is a condition precedent to the performance by the City of its obligations hereunder. The representations contained herein shall survive closing hereunder for a period of one (1) year. Upon the material breach of any representation orwarranty, the City may declare this Agreement to be null and void. D. Bloomer Properties will pay to the City $61,700.00 in assessments for the frontage road improvements for the Lexus Property. Bloomer Properties has been advised of its right to notice and a public hearing and right to appeal concerning the assessments proposed against the Lexus Property with the amount to be $61,700.00. The assessments are to be paid over a fifteen (15) year period at an interest rate of 5 %. Bloomer Properties expressly agrees to waive the notice of hearing, hearing and its right to appeal said assessments pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953). The City's obligation under this Agreement shall be conditioned, for the sole benefit of the City, upon the following: A. Contingent upon review and approval of final terms by the City Council. EXCHANGE AGREEMENT This Agreement, dated March , 2005, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City ") and Richard G. Kline and Jennifer S. Kline, husband and wife ( "Mr. and Ms. Kline "). WHEREAS, the City is undertaking a project known as the TH 61 East Frontage Road Improvements, Project Number 04 -25; WHEREAS, Mr. and Ms. Kline own property in the Project Area, legally described as: That part of Tract A, Registered Land Survey No. 15, lying westerly of Tracts A and B, Registered Land Survey No. 525, County of Ramsey, State of Minnesota. "Nissan Property ;" WHEREAS, the City is in need of a portion ofthe Nissan Property for the new TH 61 East Frontage Road, legally described as follows: (Insert Legal Description) "Right -of -Way Property ;" WHEREAS, the City is in need of a temporary construction easement over a portion of the Nissan Property for the TH 61 East Frontage Road Improvements, Project Number 04 -25, legally described as follows: That part of the Nissan Property lying northwesterly and northerly of the following described line: City Council 03 -28 -05 14 Said line commencing at the southeast corner of said Nissan Property; thence westerly, north 89 degrees, 50 minutes, 49 seconds west, on an assumed bearing, along the southerly line of said Nissan Property, a distance of 420.00 feet to the point of beginning of said line; thence north 13 degrees, 00 minutes, 11 seconds east a distance of 100.00 feet; thence north 20 degrees, 43 minutes, 37 seconds east a distance of 318.17 feet; thence north 58 degrees, 58 minutes, 54 seconds east a distance of 120.00 feet; thence north 87 degrees, 37 minutes, 54 seconds east a distance of 101.05 feet to the easterly line of said Nissan Property, and there terminating. Said temporary easement containing 28,847 square feet (0.662 acres) more or less. "Temporary Construction Easement Property;" WHEREAS, in exchange forthe grant offeetitle forthe above - described Right -of -Way Property and a temporary easement over the above - described Temporary Construction Easement Property by Mr. and Ms. Kline, the City of Maplewood shall: 1. Construct the TH 61 East Frontage Road Improvements, City Project 04 -25 as shown on the attached final construction plans prepared by SEH, Inc. 2. Once the TH 61 East Frontage Road is constructed and the underlying property is vacated by Mn /DOT to the City of Maplewood, the City of Maplewood will convey the property vacated by Mn /DOT to Mr. and Ms. Kline and the TH 61 East Frontage Road shall become a private roadway. The City's cost for the vacation of the Mn /DOT right -of -way and the subsequent conveyance of the property to Mr. and Ms. Kline shall be the responsibility of Mr. and Ms. Kline at a cost not to exceed $7,000.00. The schedule for the vacation of the right -of -way and the subsequent conveyance of the property to Mr. and Ms. Kline shall be established by Mn /DOT. NOW THEREFORE, in consideration of the City's construction of the TH 61 East Frontage Road Improvements, CP 04 -25: 1. Mr. and Ms. Kline agree to covey a temporary construction easement over the Temporary Construction Easement Property. The temporary easement shall commence on May 1, 2005 and shall automatically terminate on September 1, 2006. Once roadway and utility construction activities begin within the Temporary Construction Easement Property, all work within the Temporary Construction Easement Property shall be completed within 120 calendar days unless unavoidable delays are created by acts of god, labor unrest, material shortages, or any delay outside the control of the City. The City agrees to accept the temporary construction easement overthe Temporary Construction Easement Property in its "as is, where is" condition. 2. Mr. and Ms. Kline agree to the establishment of restricted access along the entire TH 61 frontage for the Nissan Property with the exception of the area needed for the new east frontage road access. 3. Mr. and Ms. Kline agree to execute a cross access easement with Lexus of Maplewood forthe use and maintenance of the frontage road. The preparation of the cross access agreement, and all related costs, shall be the responsibility of Bloomer Properties and Mr. and Ms. Kline. The cross access agreement shall be fully executed and a copy provided to the City by June 3, 2005. All costs associated with the future maintenance of the frontage road shall be shared among Bloomer Properties, Kline Volvo, and Kline Nissan based upon the following percentages: Bloomer Properties - 25 %, Kline Volvo - 25 %, and Kline Nissan - 50 %. 4. Mr. and Ms. Kline agree to waive any claims against the City forthe loss of business due to access during the construction of the frontage road. Mr. and Ms. Kline represent and warrant to the City that: A. They have all requisite power and authority to execute this Agreement and the documents previously listed hereof. City Council 03 -28 -05 15 B. They will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement. C. They hereby agree that the truthfulness of each of the foregoing representations and warranties and of all other representations and warranties herein made is a condition precedent to the performance by the City of its obligations hereunder. The representations contained herein shall survive closing hereunder for a period of one (1) year. Upon the material breach of any representation or warranty, the City may declare this Agreement to be null and void. D. They will pay to the City $159,900.00 in assessments for the frontage road improvements for the Nissan Property. Mr. and Ms. Kline have been advised of their right to notice and a public hearing and right to appeal concerning the assessments proposed against the Nissan Property with the amount to be $159,900.00. The assessments are to be paid over a fifteen (15) year period at an interest rate of 5 %. Mr. and Ms. Kline expressly agree to waive the notice of hearing, hearing and their right to appeal said assessments pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953). The City's obligation under this Agreement shall be conditioned, for the sole benefit of the City, upon the following: A. Contingent upon review and approval of final terms by the City Council. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RICHARD G. & JENNIFER S. KLINE CITY OF MAPLEWOOD EXCHANGE AGREEMENT This Agreement, dated March 2005, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City ") and Richard G. Kline and Jennifer S. Kline, husband and wife ( "Mr. and Ms. Kline "). WHEREAS, the City is undertaking a project known as the TH 61 East Frontage Road Improvements, Project Number 04 -25; WHEREAS, Mr. and Ms. Kline own property in the Project Area, legally described as: Tract C, Registered Land Survey No. 525, County of Ramsey, State of Minnesota. "Volvo Property ;" WHEREAS, the City is in need of a portion of the Volvo Property for the new TH 61 East Frontage Road, legally described as follows: (Insert Legal Description) "Right -of -Way Property ;" WHEREAS, the City is in need of a temporary construction easement over a portion of the Volvo Property for the TH 61 East Frontage Road Improvements, Project Number 04 -25, legally described as follows: That part of Tract C lying westerly of the following described line: City Council 03 -28 -05 16 Said line commencing at the southwest corner of said Tract C; thence easterly, south 89 degrees, 52 minutes, 48 seconds east, on an assumed bearing, along the south line of said Tract C, a distance of 71.64 feet to the point of beginning of said line; thence north 12 degrees, 24 minutes, 15 seconds east a distance of 339.99 feet to the north line of said Tract C, and there terminating. Said temporary easement containing 29,299.50 square feet (0.673 acres) more or less. "Temporary Construction Easement Property;" WHEREAS, in exchange for the grant of fee title to the above - described Right -of -Way Property and a temporary easement over the above - described Temporary Construction Easement Property by Mr. and Ms. Kline, the City of Maplewood shall: 1. Construct the TH 61 East Frontage Road Improvements, City Project 04 -25 as shown on the attached final construction plans prepared by SEH, Inc. 2. Once the TH 61 East Frontage Road is constructed and the underlying property is vacated by Mn /DOT to the City of Maplewood, the City of Maplewood will convey the property vacated by Mn /DOT to Mr. and Ms. Kline and the TH 61 East Frontage Road shall become a private roadway. The City's cost for the vacation of the Mn /DOT right -of -way and the subsequent conveyance of the property to Mr. and Ms. Kline shall be the responsibility of Mr. and Ms. Kline at a cost not to exceed $7,000.00. The schedule for the vacation of the right -of -way and the subsequent conveyance of the property to Mr. and Ms. Kline shall be established by Mn /DOT. 3. Purchase property from the Ramsey Washington Metro Watershed District for the construction of the frontage road, legally described as follows: That part of Tract B, Registered Land Survey No. 525, Ramsey County, Minnesota, lying westerly of the following described line: Said line commencing at the northwest corner of said Tract B, which is adjacent to the easterly right -of -way of Highway 61; thence easterly, south 89 degrees, 50 minutes, 48 seconds east, on an assumed bearing, along the north line of said Tract B, a distance of 59.56 feet to the point of beginning of said line; thence south 12 degrees, 24 minutes, 01 seconds west a distance of 47.61 feet to the south line of said Tract B, and there terminating. Said parcel containing 2,142.1 square feet (0.049 acres) more or less. " RWMWD Property;" The purchase price for this property shall be determined by an independent appraiser 4. Upon the City's purchase of the RWMWD Property, the City shall sell the RWMWD Property to Mr. and Ms. Kline at a cost equal to the City's purchase price for the property. NOW THEREFORE, in consideration of the City's construction of the TH 61 East Frontage Road Improvements, CP 04 -25: 1. Mr. and Ms. Kline agree to covey a temporary construction easement over the Temporary Construction Easement Property. The temporary easement shall commence on May 1, 2005 and shall automatically terminate on September 1, 2006. Once roadway and utility construction activities begin within the Temporary Construction Easement Property, all work within the Temporary Construction Easement Property shall be completed within 120 calendar days unless unavoidable delays are created by acts of god, labor unrest, material shortages, or any delay outside the control of the City. The City agrees to accept the temporary construction easement overthe Temporary Construction Easement Property in its "as is, where is" condition. 2. Mr. and Ms. Kline agree to the closure of their existing driveway access City Council 03 -28 -05 17 to TH 61 and the establishment of restricted access along the entire TH 61 frontage for the Volvo Property with the exception of the area needed for the new east frontage road access. 3. Mr. and Ms. Kline agree to execute a cross access easement with Lexus of Maplewood for the use and maintenance of the frontage road. The preparation of the cross access agreement, and all related costs, shall be the responsibility of Bloomer Properties and Mr. and Ms. Kline. The cross access agreement shall be fully executed and a copy provided to the City by June 3, 2005. All costs associated with the future maintenance of the frontage road shall be shared among Bloomer Properties, Kline Volvo, and Kline Nissan based upon the following percentages: Bloomer Properties - 25 %, Kline Volvo - 25 %, and Kline Nissan - 50 %. 4. Mr. and Ms. Kline agree to waive any claims against the City for the loss of business due to access during the construction of the frontage road. Mr. and Ms. Kline represent and warrant to the City that: A. They have all requisite power and authority to execute this Agreement and the documents previously listed hereof. B. They will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement. C. They hereby agree that the truthfulness of each of the foregoing representations and warranties and of all other representations and warranties herein made is a condition precedent to the performance by the City of its obligations hereunder. The representations contained herein shall survive closing hereunder for a period of one (1) year. Upon the material breach of any representation or warranty, the City may declare this Agreement to be null and void. D. They will pay to the City $84,800.00 in assessments for the frontage road improvements for the Volvo Property. Mr. and Ms. Kline have been advised of their right to notice and a public hearing and right to appeal concerning the assessments proposed againstthe Volvo Property with the amount to be $84,800.00. The assessments are to be paid over a fifteen (15) year period at an interest rate of 5 %. Mr. and Ms. Kline expressly agree to waive the notice of hearing, hearing and their right to appeal said assessments pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953). The City's obligation under this Agreement shall be conditioned, for the sole benefit of the City, upon the following: A. Contingent upon review and approval of final terms by the City Council. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RICHARD G. & JENNIFER S. KLINE CITY OF MAPLEWOOD Seconded by Councilmember Rossbach Ayes -All Municipal State Aid Street System — Approve Resolution Requesting Designation of Ivy Avenue and Ferndale Street as Municipal State Aid Street Routes City Manager Fursman presented the staff report. Public Works Director AN presented specifics from the report. City Council 03 -28 -05 18 Councilmember Koppen moved to adopt the following resolution approving the request to designate Ivy Avenue and Ferndale Street as Municipal State Aid Street Routes: RESOLUTION 05 -03 -034 REQUESTING DESIGNATION OF MUNICIPAL STATE AID STREET ROUTES WHEREAS, the City of Maplewood may designate up to 20% of its local streets as Municipal State Aid Streets, and WHEREAS, the City Engineer has reported that 1.33 miles of streets remain available for designation within the City of Maplewood, and WHEREAS, pursuant to Department of Transportation State Aid for Local Transportation Division, State Aid Operations Chapter 8820 Rules, 8820.0700 Selection Criteria, the City Engineer has reported the following regarding Ivy Avenue between Century Avenue and Ferndale Street and regarding Ferndale Street between Maryland Avenue and Ivy Avenue: The justification for designating these routes is as follows: Each route is projected to carry a relatively heavier volume of traffic and is functionally classified as collector streets in the Comprehensive Plan. Each route connects points within the community of traffic interest, parks, and recreational areas within the urban municipality. Each route provides an integrated street system affording a network consistent with projected traffic patterns. The termini of these segments are Maryland Avenue, an MSAS route on the southern end, and, Century Avenue, a trunk highway on the eastern end. Additionally, Ferndale Street is an MSAS route south of Maryland Avenue. Each segment is 0.25 miles in length for a total designation of 0.50 miles. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The designation of Ivy Avenue between Century Avenue and Ferndale Street and Ferndale Street between Maryland Avenue and Ivy Avenue is hereby requested of the District State Aid Engineer for approval. 2. The city engineer is hereby directed to forward a copy of this resolution to the MnDOT District State Aid Engineer requesting his concurrence and requesting he forward said resolution to the Commissioner of Transportation certifying said designation. Seconded by Councilmember Juenemann Ayes -All Hazelwood Street Improvement (Beam Ave. to County Rd. D), Project 03 -39 — Resolutions for: a. Approving Plans and Advertising for Bids b. Ordering Preparation of Assessment Roll C. Approving Agreement with Ramsey County for Revisions of Traffic Control Signals City Manager Fursman presented the staff report. City Engineer AN presented specifics from the report. City Council 03 -28 -05 19 Councilmember Monahan -Junek moved to adopt the following resolutions for the Hazelwood RESOLUTION 05 -03 -035 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on November 22n 2004, plans and specifications for Hazelwood Street Improvements (Beam Ave. to County Rd. D), Project 03 -39 have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 29th day of April, 2005, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of May 9` 2005. RESOLUTION No. 05 -03 -038 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Hazelwood Street Improvements, (Beam Ave. to County Rd. D), Project 03 -39. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. City Council 03 -28 -05 20 Revisions to Traffic Control Signal and authorized the Mayor and City Manager to sign the agreement: AGREEMENT FOR REVISIONS OF TRAFFIC CONTROL SIGNALS AGREEMENT NO. PW2005 -05 Est. Cost 50% City of Maplewood $36,350.00 50% Ramsey County $36,350.00 Construction Cost $72,700.00 THIS AGREEMENT, made and entered into by and between the County of Ramsey, Department of Public Works, hereinafter referred to as the "County," and the City of Maplewood hereinafter referred to as the "City ", for the revision of the traffic control signal system at the intersection of Beam Avenue and Hazelwood Street; WITNESSETH: WHEREAS, the County has determined that there is justification and it is in the public's best interest to revise the traffic control signals Beam Ave (County State Aid Highway No. 19); at Hazelwood Street (Municipal State Aid Highway No. 112); and WHEREAS, the construction cost to revise traffic control signals will be shared between the County and the City in accordance with the terms and conditions hereafter set forth; and WHEREAS, there exists in full force and effect cooperative signal Agreement 89022, County Board Resolution 89 -790 dated October 24, 1989 entered into by and between the County and the City to share the cost, maintenance and operation of the traffic control signal with street lights, signs and EVP system at the intersection of Beam Avenue and Hazelwood Street; and WHEREAS, the traffic signal revision at Beam Avenue and Hazelwood Street is part of a larger plan, S.A.P. 62- 619 -27 and S.A.P. 138 - 112 -006, which includes reconstruction of Hazelwood Street north of Beam Avenue; and NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The City shall prepare the necessary plans, specifications and proposals and shall perform the engineering and inspection required to complete the items of work hereinafter set forth. Such work as described immediately above shall constitute "Engineering and Inspection" and shall be so referred to hereinafter. 2. The County shall assist with the inspection of the signal revision and this will constitute its share of the Engineering and Inspection. 3. The contract cost of the work or, if the work is not contracted, the cost of all labor, materials and equipment rental required to complete the traffic signal revision work, except the cost of providing the power supply to the service pole or pad shall constitute the actual "Construction Cost' and shall be so referred to herein. 4. The City shall revise or cause the revision of said traffic control signal system in accordance with the plan and specification for S.A.P. No. 62- 619 -27 and S.A.P. 138 - 112 -006 on Beam Avenue at Hazelwood Street. The County and City will participate in construction costs as follows: 50% County and 50% City. Estimated cost for the signal revisions is $72,700.00. 5. Upon execution of this agreement and a request in writing by the City, the County shall advance to the City an amount equal to their portion of the project costs based on the actual bid price. City Council 03 -28 -05 21 6. Upon final payment to the contractor and computation of the County's share of the work provided for herein, any amount of funds advanced in excess by the County will be returned without interest. The City agrees to pay to the County that amount of its final share which is in excess of the amount of the funds advanced by County. 7. The City and the County agree to indemnify each other and hold each other harmless from any and all claims' causes of action, lawsuits, judgments, charges, demands, costs and expenses including, but not limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this agreement or for damages caused to fourth parties as a result of the manner in which the City or the County perform orfail to perform duties imposed on each party by the terms of this agreement. Nothing herein shall be deemed a waiver of the limitations on liability set forth in Minnesota Statutes, Chapter 466. 8. This Agreement shall remain in full force and effect until terminated by mutual agreement of the City and the County. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures. Seconded by Councilmember Koppen Ayes-All Gladstone North Area Street Improvements, Project 04 -15 -- Resolution Ordering Assessment Hearing City Manager Fursman presented the staff report. Public Works Director AN presented specifics from the report. Councilmember Koppen moved to adopt the following resolution for the Gladstone North Area Street Improvements, Protect 04- 15- Ordering the Assessment Hearing for 7:00 p.m., Monday, �r RESOLUTION 05 -03 -039 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Gladstone North Area Street Improvements, City Project 04 -15, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 25th day of April 2005, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Seconded by Councilmember Juenemann Ayes-All City Council 03 -28 -05 22 Springside Drive Extension, Project 03 -36 — Resolution Ordering Assessment Hearing City Manager Fursman presented the staff report. Public Works Director AN presented specifics from the report. Councilmember Monahan -Junek 2005: RESOLUTION 05 -03 -040 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Springside Drive Extension, City Project 03 -36, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 25th day of April 2005, at the city hall at 7:15 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Seconded by Councilmember Koppen Ayes-All Audience Seating for Council Chambers City Manager Fursman presented the staff report and specifics from the report. This item has been put on hold for a future date due to budget concerns. L. VISITOR PRESENTATIONS Ron Cockriel, 943 Century Avenue, Maplewood, presented council with a petition regarding the Century/Holloway (120- Highway 5) project. M. COUNCIL PRESENTATIONS Democratic Governance — Councilmember Rossbach discussed a way of preparing the annual budget through a process of democratic governance and citizen involvement. Rossbach moved that staff begin the "frame- work" for this project to be addressed at a future council meeting. Seconded by Mayor Cardinal Ayes-All City Council 03 -28 -05 23 Mayor Inquiries — Councilmember Monahan -Junek reiterated her position as a Maplewood councilmember and her position as City Manager of Eveleth, Minnesota. City Cleanup Day — Councilmember Juenemann reminder citizens of the upcoming city cleanup day on Saturday, April 23rd. N. ADMINISTRATIVE PRESENTATIONS April 4, 2005 Mini - Retreat —City Manager Fursman provided a reminder of the "mini - retreat" that will be held on April 4, 2005, 5:00 p.m. to 7:00 p.m. for the council and management team staff. Dispatching —The dispatch issue will be put on the April 11, 2005 agenda for city council consideration. O. ADJOURNMENT Councilmember Koppen moved to adjourn the meeting at 9:10 p.m. Seconded by Councilmember Rossbach Ayes -All City Council 03 -28 -05 24 Agenda Item D3 MINUTES COUNCIL /MANAGER WORKSHOP Monday, April 04, 2005 Maplewood Room, City Hall 5:00 p.m. A. CALL TO ORDER B. ROLL CALL Robert Cardinal, Mayor Kathleen Juenemann, Councilmember Marvin Koppen, Councilmember Jackie Monahan - Junek, Councilmember Will Rossbach. Councilmember Others Present: Eli City Manager Fursman Assistant City Manager Coleman Finance Director Faust Parks and Recreation Director Anderson REAL Department Director Guilfoile Human Resource Director Le Police Chief Thomalla Fire Chief Lukin Public Works Director AN City Attorney Kelly F- : Z 6 ] � /e1w e ] ye[ H :I ki 117 -11 Present Present Present Absent Present Councilmember Rossbach moved to approve the agenda as submitted. Seconded by Councilmember Koppen Ayes-All NEW BUSINESS 1. Pre - Agenda Discussion was held regarding the importance of pre- agenda meetings. Mayor Cardinal moved to approve holding pre - agenda meetings at 4:45 p.m. each Thursday prior to City Council meetings with a goal of the meeting to be completed within 15 minutes. Seconded by Councilmember Koppen Ayes-All 2. Communication with Residents Discussion was held regarding the various forms of communication tools that the city uses to communicate with residents. City Council /Manager Workshop 04 -04 -05 Long -term Impact of Budge Votes Council and staff discussed budgeting issues that arise at council meetings, with emphasis on the city infrastructure. Roll of Council /Staff Discussion was held regarding the interaction between council and staff in dealing with public, personnel and neighborhood meeting issues. E. FUTURE TOPICS F. ADJOURNMENT With there being no further business, the council adjourned at 7:03 p.m. City Council /Manager Workshop 04 -04 -05 Agenda Item F1 MEMORANDUM TO: Richard Fursman, City Manager FROM: Ken Roberts, Planner SUBJECT: Interview of Applicants for Planning Commission Membership DATE: April 5, 2005 INTRODUCTION The city council needs to appoint three people to serve on the planning commission. These appointments will be to fill three -year terms that expired on December 31, 2004. There are three new applicants for the planning commission including Jim Kaczrowski, Valerie Taylor and Jeremy Yarwood. Please refer to the map on page four and their applications on pages five - seven. In addition, two of the three of the existing commissioners (Lorraine Fischer and Tushar Desai) have expressed a desire to continue to serve on the PC. Jeff Bartol submitted his resignation from the planning commission on April 4, 2005. The city council will conduct these interviews on April 11. One of the planning commission applicants, Mr. Yarwood, is unable to attend the city council workshop on April 11. As such, the city council interviewed him on March 28. BACKGROUND Planning Commission With Mr. Bartol's resignation, there is one vacancy on the planning commission. There are three of the nine current planning commissioners (including Mr. Bartol's vacancy) with terms that expired on December 31, 2004. As such, the city council has three appointments to make to the planning commission. Commission Member First Appointment Date Lorraine Fischer 1970 Tushar Desai July 22, 2002 Jeff Bartol December 8, 2003 DISCUSSION Planning Commission The planning commission ordinance specifies that the city council shall appoint nine members to the planning commission. Those members shall be residents of the city and may not hold an elected public office. When possible, the city council shall select commission members to represent the various areas of the city and to help meet the needs of the residents.) (Please see the maps on pages three and four.) RECOMMENDATION Interview the persons interested in serving on the planning commission (PC) and then appoint three people to fill the three existing PC terms. These terms will expire on December 31, 2007. P: /PC /PC interview memo (2005) Attachments: 1. Location Map of Incumbent PC Members 2. Location Map of PC Applicants 3. Jim Kaczrowski Application 4. Valerie Taylor Application 5. Jeremy Yarwood Application W CITY OF M APLEWOOD j Vti r 5 3 � fv x>� f 3 Attachment 1 ji z m - ' ; x `f 9 ft, 3 m I 4 F 4 rz 3� L x_ i �k r ,a t NL $ _ S �x } . v y + §a ll 5 q r *ti fi R w } w 3 Attachment 1 ji z m - ' ; x `f 9 ft, 3 m I 4 F 4 rz 3� L x_ i �k r ,a t NL $ _ S �x } . v y + §a ll 5 q r *ti fi R w } Cn OF MAPLEvkOOD Attachment 2 rr' � drhe s'J v x ' S e'ryts 32 '' _ a } i 1 '.£ r yy SE EI � c � o 1 Yu _ i y � Y PLANNING COMMISSION APPLICANTS 'W! 1 Jim Kaczrowski 428 Marnie Street 2 Valerie Taylor 2052 Bradley Street 3, Jeremy Yarwood 2324 Moreland Court s li s x k 3 4 Attachment 3 CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAN ILI ADDRF.S S P Work HONE NO, (2 c Dome: v 5/ DATE - -- - ------ ------- - t"C'ff: ('/' ­ el-' 2, 1) 1 low long have you lived in the City of Maplewood'? Ce, 4� o l /c - -- — - ---------------- - - ------ - 'I) Will other commitments Took-, regular attendance at meenre difficult? Yes No Comments: 3) On which Board or Corr unission are interested in ocrving? (please check) Community Design Review Board Park & Recreation Corarrds hor Housina & Redevelopment Authority Planning Commission Ilunnin RQlations Commission Police Civil Service C .oriurusslorl Environmental Committee Historic Preserc Cornrnksion 4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities? - O's- 7 00'9 -I- '1wa " cz;'e ✓ 5 List other organizations or clubs in the Community ai which you have been or are an active participant: 6 4�A"'r x ls�Ncrw. -ILI f 6) Whv wookl you like to serve on this Board or Cornriassion? --to 7 h -:' v '71 fV4 — ADDITIONAL COMMENTS: a = col -'a' oil! 5 1l, - THE INFORMATION CONTAINED TN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC EAKEPr FOR HOME AND WORK TELEPHONE NUMBERS. Return or maigthisi in to: City of Maplewood, 1830 County Road 8 East, Maidennond, PAN 55109 — NiArl 0 2 200 5 5 Attachment 4 CITY OF APL CAD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM t ADDRESS -,/ , - - - I-s -` `C-L Zi P--`o Izv 11 I PHONE NO. Work: -,Home:-,- 1 How long have you lived in the City of Maplewood?_ ---------------- 2) Will other commitments make regular attendance at meetings difficult? Yes _ r — No a: I'll U v` I' -,L� -1 t N� a eq� V I Comment F+ 4 : 1 4 Al 4) Do you have any spers fic areas of interest within this Board's or Commetsion's, scope of responsibilities? 3 1 1j, - ?y /L" P,,vp z 5) List other organizations or clubs in the Community in which you have been or are an active participant: or 4 U v Y K , 6) Why would you like to serve on the Board or Commission? r. n 4- `1 ^ I c V- y'U I ADDlTl6 f — THE INFORMATION CONTAINED IN THIS APPLICA TION AND ANY A TTA CHMENT PROVIDED ARE CONSIDERED PUBLIC INFORMATION EXCEPT FOR HOME AND WORK TELEPHONE NUMBERS Return or mail this applicaticn to: City at Maplewood 1830 County Road B Saw, Maplewood NIN 55109 M Attachment 5 CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM N-ANIE 1: 0 3) On which Board or Commission are interested in serving'' (please check) Community Design Review Board Park & Recreation Commission Housing & Redevelopment Authority Planning Commission Human Relations Commission Police Civil Service Commission Environmental Committee Historic Preservation Commission j wV, oc� 1k"%jc CC ADDIA�NA COs)lMENTS: s­ �, C I _ 7 ),; & qA AGENDA NO. G -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: April 11, 2005 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. ACCOUNTSPAYABLE: $ 271,841.57 Checks # 66540 thru # 66617 dated 03/25/05 thru 03/29/05 $ 131,882.51 Disbursements via debits to checking account dated 03/18/05 thru 03/24/05 $ 557,227.11 Checks # 66618 thru # 66666 dated 04/05/05 $ 269,463.45 Disbursements via debits to checking account dated 03/25/05 thru 03/31/05 $ 1,230,414.64 Total Accounts Payable PAYROLL $ 430,159.54 Payroll Checks and Direct Deposits dated 03 -25 -05 $ 3,855.39 Payroll Deduction check # 100874 thru 100877 dated 03 -25 -05 $ 434,014.93 Total Payroll $ 1,664,429.57 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651- 249 -2902 if you have any question on the attached listing. This will allow me to check the supporting documentation on file if necessary. ds attachments P:\ FINANCE \EXCEL\APRCLMS \2005 \05- AprCIms 03 -25 and 04 -01 Check Register City of Maplewood vchlist 03/25/2005 10:17:32 AM Check Date Vendor 66556 66540 3/25/2005 03363 STILLWATER LICENSE CENTER 66541 3/29/2005 01047 3M 66542 3/29/2005 00072 ALL MAIN STREET ELECTRIC 66543 3/29/2005 00111 ANIMAL CONTROL SERVICES INC 66544 3/29/2005 03295 ASHWOOD, STEVE 66545 3/29/2005 03349 AUGIE'S MOBILE CHEF, CATERING 66546 3/29/2005 03304 BENCHMARK CABINETRY & ARCH 66547 3/29/2005 01811 BERNATELLO'S PIZZA INC 66548 3/29/2005 02667 BIESANZ, OAKLEY 66549 3/29/2005 00198 BOARD OF WATER COMMISSIONERS 66550 3/29/2005 01865 BOWMAN, DON 66551 3/29/2005 03108 BOWMAN, TRACY 66552 3/29/2005 00211 BRAUN INTERTEC CORP. 66553 3/29/2005 02746 CLOVER SUPER FOODS INC 66554 3/29/2005 00353 CURTIS 1000 66555 3/29/2005 00526 FOREST LAKE CONTRACTING INC 66556 3/29/2005 02635 G -WHIZ LETTERING 66557 3/29/2005 00589 GRAF, DAVE 66558 3/29/2005 01867 HANSON, PERRY 66559 3/29/2005 03330 HOISINGTON KOEGLER GROUP INC 66560 3/29/2005 03087 JACOBSON, SCOTT A 66561 3/29/2005 02136 JOHNSON, DOUGLAS 66562 3/29/2005 00789 KATH FUEL OIL SERVICE CO 66563 3/29/2005 02728 KIMLEY- HORN & ASSOCIATES INC Description /Account NOTARY RECORDING - 2 ELECTRONIC FILM & SCOTCHLITE REFL TEMP POWER TO PARKING LOT LIGHTS ASSEMBLE & INSTALL LIGHTPOLE PATROL & BOARDING FEES 3/14 - 3/18 VOLLEYBALL OFFICIAL - 12 MERCH FOR RESALE CUSTOM CABINETS & INSTALL IN POLICE MERCH FOR RESALE MERCH FOR RESALE REIMB FOR MILEAGE & PRKG 2/24 - 3/17 WATER UTILITIES VOLLEYBALL OFFICIAL COORDINATOR VOLLEYBALL OFFICIAL - 9 PROJ 03 -39 PROF SRVS THRU 2/25 MERCH FOR RESALE MAILING LABELS WINDOW ENVELOPES IVORY ENVELOPES LETTERHEAD & SET UP CHARGE BLANK LETTERHEAD LETTERHEAD LETTERHEAD LETTERHEAD LETTERHEAD LETTERHEAD LETTERHEAD LETTERHEAD LETTERHEAD BLANK LETTERHEAD BLANK LETTERHEAD BLANK LETTERHEAD BLANK LETTERHEAD BLANK LETTERHEAD BLANK LETTERHEAD LETTERHEAD NOTE CARD ENVELOPES NOTE CARDS STATIONERY ENVELOPES STATIONERY ENVELOPES STATIONERY ENVELOPES STATIONERY ENVELOPES STATIONERY ENVELOPES STATIONERY ENVELOPES STATIONERY ENVELOPES STATIONERY ENVELOPES STATIONERY ENVELOPES STATIONERY ENVELOPES STATIONERY ENVELOPES STATIONERY ENVELOPES PR #04 -23 LEGACY STREETLIGHTS PYMT2 PROJ 04 -31 GRADING - FINAL PYMT LOGO EMBRODIERY KARATE INSTRUCTOR VOLLEYBALL OFFICIAL - 15 PROJ 04 -21 GLADSTONE REDEV -FEB REIMB FOR MILEAGE 3/15 - 3/16 REIMB CAR RENTAL, GAS, MEALS 2/17 - 20 6999 GALS UNL MID -GRADE 89 OCT GAS PROJ 02 -07 PROF SRVS THRU 1/31/05 PROJ 02 -07 PROF SRVS THRU 1/31 Amnunt 200.00 1,750.86 188.00 1,666.00 790.91 264.00 18.48 5,284.00 216.00 270.00 17.91 1,356.35 504.00 198.00 2,298.25 125.20 494.47 1,346.25 229.27 217.49 24.22 262.34 262.34 87.45 174.89 174.89 43.73 87.45 431.11 12.11 12.11 24.22 24.22 24.22 48.43 437.24 226.06 402.53 137.77 206.65 103.33 34.45 34.45 241.09 895.49 137.77 137.77 275.54 219.95 34.45 86,925.00 27,939.64 37.28 143.00 330.00 22,606.43 126.76 158.82 12,189.76 6,514.63 2,497.72 iII Check Date Vendor Description /Account Amount 66564 3/29/2005 03021 KIMLINGER, JENNIFER 66565 3/29/2005 01874 KULAS, RONALD C. 66566 3/29/2005 00891 MAMA 66567 3/29/2005 00935 MAPLEWOOD FIRE FIGHTERS RELIEF 66568 3/29/2005 02863 MAYER, DUANE 66569 3/29/2005 01819 MCLEOD USA 66570 3/29/2005 03023 MELANDER, JON 66571 3/29/2005 02948 MN HUMANITIES COMMISSION 66572 3/29/2005 01049 MN NATIVE PLANT SOCIETY 66573 3/29/2005 01126 MN NCPERS LIFE INSURANCE 66574 3/29/2005 03022 MOTT, RANDALL 66575 3/29/2005 02886 OERTEL ARCHITECTS 66576 3/29/2005 01914 OLSON, ELIZABETH A 66577 3/29/2005 01213 OLSON, JULIE 66578 3/29/2005 00001 ONETIMEVENDOR 66579 3/29/2005 00001 ONETIMEVENDOR 66580 3/29/2005 00001 ONETIMEVENDOR 66581 3/29/2005 00001 ONETIMEVENDOR 66582 3/29/2005 00001 ONETIMEVENDOR 66583 3/29/2005 00001 ONETIMEVENDOR 66584 3/29/2005 00001 ONETIMEVENDOR 66585 3/29/2005 00001 ONETIMEVENDOR 66586 3/29/2005 00001 ONETIMEVENDOR 66587 3/29/2005 00001 ONETIMEVENDOR 66588 3/29/2005 00001 ONETIMEVENDOR 66589 3/29/2005 00001 ONETIMEVENDOR 66590 3/29/2005 00001 ONETIMEVENDOR 66591 3/29/2005 01863 PACKER, ROGER 66592 3/29/2005 01254 PEPSI -COLA COMPANY 66593 3/29/2005 01316 QQEST SERVICE COMPANY LC 66594 3/29/2005 01337 RAMSEY COUNTY -PROP REC & REV 66595 3/29/2005 01340 REGIONS HOSPITAL 66596 3/29/2005 01360 REINHART FOODSERVICE 66597 3/29/2005 01387 ROSSINI, DR. JAMES 66598 3/29/2005 02663 SAARION, CARL 66599 3/29/2005 01410 SPI DESIGN GROUP 66600 3/29/2005 01526 STATETREASURER 66601 3/29/2005 01915 STEFFEN, NANCY 66602 3/29/2005 01527 STEFFEN, SCOTT 66603 3/29/2005 02853 SVENDSEN, JOANNE 66604 3/29/2005 01572 SYSTEMS SUPPLY, INC. 66605 3/29/2005 03364 THAWTE USA INC 66606 3/29/2005 01635 TOWER ASPHALT INC 66607 3/29/2005 02069 ULTIMATE DRAIN SERVICES INC 66608 3/29/2005 01683 UNIFORMS UNLIMITED INC 66609 3/29/2005 03334 UNIQUE PAVING MATERIALS CORP 66610 3/29/2005 01698 UNITED WAY OFTHE ST. PAUL 66611 3/29/2005 03194 VERNIX FORESTRY CONSULTANTS 66612 3/29/2005 01734 WALSH, WILLIAM P. 66613 3/29/2005 01754 WEBER &TROSETH INC. 66614 3/29/2005 01872 WEBER, MARK 66615 3/29/2005 01757 WELCHLIN, CABOT 66616 3/29/2005 02410 WELLS FARGO LEASING INC 66617 3/29/2005 01190 XCEL ENERGY 78 Checks in this report PROJ 02 -07 PROF SRVS THRU 2/28 PROJ 02 -07 PROF SRVS THRU 1/31 PROJ 02 -07 PROF SRVS THRU 2/28 VOLLEYBALL OFFICIAL - 33 VOLLEYBALL OFFICIAL - 11 LUNCHEON 3/17 STATE SUPPLEMENTAL BENEFITS MUGS LOCAL PHONE SERVICE 2/16 - 3/15 VOLLEYBALL OFFICIAL - 17 COUNCIUMGMT STAFF RETREAT TRAINING REGISTRATION PERA LIFE INS (PAYROLL DED IN MARCH) VOLLEYBALL OFFICIALS - 13 PROJ 03 -19 PROF CONSULTING SRVS VOLLEYBALL OFFICIALS - 2 REIMB FOR TUITION & BOOKS 11/16 - 2/1 REIMB FOR TUITION 6/15 - 8/3 REF ROBERT MIGGLER - AMB 04016126 REF BLAKE HANSON - CANCEL LEAGUE REF CARRIE RICKEL -TOURN DEPOSIT REF LAURIE EVANS -TOURN DEPOSIT REF MARK EMME - TOURN DEPOSIT REF JENNIFER POTHEN - TOURN DEPOSIT REF DAVID SPRINGBORN - PARKS FROG REF BILL PATRICK- PARK PROGRAM REF CHELLY DUFOUR - PARKS FROG REF JOE STADLER- PARKS FROG REF JONI MULFINGER - PARKS FROG REF DAN LAUX- PARKS FROG REF LAURIE EVANS - PARKS FROG VOLLEYBALL OFFICIAL - 29 MERCH FOR RESALE MERCH FOR RESALE MANAGER PLUS SOFTWARE COPIES TRAINING - 8 PARAMEDIC SUPPLIES MERCH FOR RESALE MERCH FOR RESALE FITNESS PROGRAM FEE- MAR VOLLEYBALL OFFICIALS - 6 ADMISSION CARDS TRAINING CLASS VOLLEYBALL OFFICIALS -4 REIMB FOR SHIRTS REIMB FOR MILEAGE 1/13 TO 3/22 LASER CARTRIDGES PRINTER CARTRIDGES 2 YR SECURITY SERVICE CERTIFICATE WINTER MIX PROJ 04 -15 TELEVISE SEWER LINE PROJ 04 -15 TELEVISE SEWER LINE GATOR HAWK VEST WINTER MIX QUARTERLY PAYMENT DUTCH ELM DISEASE COMP INSP COMMERCIAL PLUMBING INSP RECHARGE FIRE EXTINGUISHER VOLLEYBALL OFFICIAL - 7 REIMB FOR TUITION RICOH COPIER LEASE 3/9 - 4/9 MONTHLY UTIL - STMT 3/3,3/7, & 3/8 MONTHLY UTIL - STMT DATE 3/17 7,137.08 366.45 4,598.48 751.00 242.00 18.00 7,000.00 496.89 2,054.64 374.00 675.00 40.00 293.00 286.00 11,261.84 44.00 675.81 630.00 1,107.22 200.00 130.00 130.00 65.00 65.00 22.00 22.00 22.00 11.00 11.00 11.00 11.00 638.00 816.40 463.40 349.00 148.00 320.00 2,109.59 465.86 664.11 100.00 132.00 497.80 35.00 88.00 105.58 6.48 599.22 305.21 944.30 772.87 160.00 560.00 769.50 460.08 684.00 281.82 343.20 48.00 154.00 573.75 1,467.57 27,898.09 8,006.58 Total checks: 271,841.57 9 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 03/17/05 03/18/05 MN State Treasurer 03/09/05 03/18/05 MN Dept of Revenue 03/15/05 03/18/05 ARC Administration 03/17/05 03/18/05 MN Dept of Natural Resources 03/18/05 03/21/05 MN State Treasurer 03/21/05 03/22/05 MN State Treasurer 03/09/05 03/22/05 MN Dept of Revenue 03/22/05 03/23/05 MN State Treasurer 03/23/05 03/24/05 MN State Treasurer 03/18/05 03/24/05 Elan Financial Services* TOTAL Description Drivers License /Deputy Registrar Sales Tax DCRP & Flex plan payments DNR electronic licenses Drivers License /Deputy Registrar Drivers License /Deputy Registrar Fuel Tax Drivers License /Deputy Registrar Drivers License /Deputy Registrar Purchasing card items *Detailed listings of Elan purchasing card items are attached. Amount 9,355.75 9,390.00 130.00 478.50 8,932.47 8,516.18 323.80 19,890.96 21, 037.01 53,827.84 131, 882.51 H Transaction Review 3/21/2005 For Transactions posted between 03/05/2005 to 03/18/2005 Post Date Vendor Name Settlement Amt Cardholder Name 03/10/2005 VERIZON WRLS I2KW RE3 61.86 R CHARLES AHL 03/08/2005 G & K SERVICES 006 224.68 BRUCE K ANDERSON 03/08/2005 G & K SERVICES 006 71 1.64 BRUCE K ANDERSON 03/09/2005 BROWNELLS INC 187.95 SCOTTANDREWS 03/07/2005 SNYDER DRUG #5073 8.26 MANDY ANZALDI 03/07/2005 PARTY AMERICA 1008 31.26 MANDY ANZALDI 03/09/2005 TCT M &N INTERNATIONAL 120.80 MANDY ANZALDI 03/11/2005 JOANN ETC # 1970 17.48 MANDY ANZALDI 03/17/2005 WAL MART 264.85 MANDY ANZALDI 03/17/2005 WAL -MART STORES, INC 8.46 MANDY ANZALDI 03/17/2005 SNYDER DRUG #5073 10.50 MANDY ANZALDI 03/07/2005 UNIFORMS UNLIMITED INC 196.30 JOHN BANICK 03/07/2005 AIRGAS NORTH CENTRAL 154 769.47 JOHN BANICK 03/07/2005 ARDEN SHOREVIEW AN HOSPT 140.83 JOHN BANICK 03/07/2005 SHRED -IT 123.21 JOHN BANICK 03/09/2005 GRAFIX SHOPPE 244.95 JOHN BANICK 03/11/2005 JACK NADEL INC 1,820.08 JOHN BANICK 03/11/2005 AIRGAS NORTH CENTRAL 302 396.61 JOHN BANICK 03/11/2005 DON' PAINT & BODY SHOP 542.59 JOHN BANICK 03/14/2005 MN PHOTO 6.08 JOHN BANICK 03/14/2005 MN PHOTO 44.76 JOHN BANICK 03/14/2005 DON' PAINT & BODY SHOP 1,503.89 JOHN BANICK 03/15/2005 DPMS INC 157.76 JOHN BANICK 03/15/2005 DON' PAINT & BODY SHOP - 1,503.89 JOHN BANICK 03/17/2005 MN PHOTO 4.93 JOHN BANICK 03/17/2005 MN PHOTO 29.77 JOHN BANICK 03/18 /2005 MN PHOTO It 2.60 JOHN BANICK 03/07/2005 VIKING AUTOMATIC SPRINKL 270.00 JIM BEHAN 03/09/2005 US WATER SERVICES 35.15 JIM BEHAN 03/10/2005 US WATER SERVICES -35.15 JIM BEHAN 03/10/2005 GREEN LIGHT RECYCLING 130.47 JIM BEHAN 03/10/2005 PARK SUPPLY INC 204.48 JIM BEHAN 03/15 /2005 VERIZON WRLS I2KW RE3 105.63 JIM BEHAN 03/16/2005 THE HOME DEPOT 2801 11.58 JIM BEHAN 03/16/2005 NUCO2 Of OF Of 50.54 JIM BEHAN 03/16/2005 NUCO2 Of OF Of 95.62 JIM BEHAN 03/16/2005 NUCO2 Of OF Of 87.33 JIM BEHAN 03/16/2005 NUCO2 Of OF Of 57.05 JIM BEHAN 03/16/2005 NUCO2 Of OF Of 82.64 JIM BEHAN 03/16/2005 NUCO2 Of OF Of 87.33 JIM BEHAN 03/18/2005 PARK SUPPLY INC 25.05 JIM BEHAN 03/18/2005 W W GOETSCH ASSOCIATES IN 1,618.80 JIM BEHAN 03/16/2005 BLUE RIBBON BAIT & TACKL 4.79 OAKLEY BIESANZ 03/07/2005 TRUCK UTILITES INC 18.24 RON BOURQUIN 03/09/2005 VERIZON DIRECTORIES 121.50 HEIDI CAREY 03/11/2005 DGI DYNAMIC GRAPHICS 79.00 HEIDI CAREY 03/16/2005 KINKO'S #0617 92.02 HEIDI CAREY 03/16/2005 ADOBE SYSTEM 186.32 HEIDI CAREY 03/16/2005 CDW GOVERNMENT INC 75.61 HEIDI CAREY 03/14/2005 UHL COMPANY INC 89.75 STEVE CARLSON 03/14/2005 UHL COMPANY INC 153.75 STEVE CARLSON 03/07/2005 NEXTEL WIRELESS SVCS 245.22 CHRISTOPHER CAVETT 5 Post Date Vendor Name Settlement Amt Cardholder Name 03/17/2005 VERIZON WRLS I2KW RE3 28.42 CHRISTOPHER CAVETT 03/15/2005 GYP FAST COMPANY 15.00 MELINDA COLEMAN 03/09/2005 CUB FOODS, INC. 19.82 LINDA CROSSON 03/09/2005 ANDON INC. 38.94 LINDA CROSSON 03/14/2005 WMS WASTE MGMT WMEZPAY 818.11 LINDA CROSSON 03/14/2005 FITNESS WHOLESALE INC 721.65 LINDA CROSSON 03/16/2005 FITNESS WHOLESALE INC -721.65 LINDA CROSSON 03/11/2005 CUB FOODS, INC. 18.37 ROBERTA DARST 03/14/2005 TINUCCIS RESTAURANT & CAT 624.99 ROBERTA DARST 03/14/2005 SENSIBLE LAND USE COAL 30.00 ROBERTA DARST 03/18/2005 PBD ICMA PUBLICATIONS 24.05 ROBERTA DARST 03/18/2005 TERRYBERRY COMPANY 53.76 ROBERTA DARST 03/07/2005 MENARDS 3059 9.52 DAVE EDSON 03/08/2005 MAUTZ #3525 31.56 DAVE EDSON 03/09/2005 VIKING ELECTRIC -ST. PAUL 65.28 DAVE EDSON 03/14/2005 HOULE FARM GARDEN & 49.40 DAVE EDSON 03/14/2005 HIRSHFIELD'S MAPLEWOOD 276.81 DAVE EDSON 03/17/2005 MENARDS 3059 50.69 DAVE EDSON 03/16/2005 CENTURY COLLEGE CONTINUIN 90.00 VIRGINIA ERICKSON 03/11/2005 MENARDS 3059 34.04 PAUL E EVERSON 03/14/2005 VRZN WRLS VZSRVE W RE3 73.48 DANIEL F FAUST 03/14/2005 ICMA 150.00 DANIEL F FAUST 03/14/2005 NWA AIR 0122114581486 482.40 DANIEL F FAUST 03/08/2005 G & K SERVICES 006 942.68 DAVID FISHER 03/08/2005 G & K SERVICES 006 279.48 DAVID FISHER 03/09/2005 INT'L CODE COUNCIL INC 100.00 DAVID FISHER 03/15/2005 WASTE MANAGEMENT 334.36 DAVID FISHER 03/15/2005 WASTE MANAGEMENT 334.36 DAVID FISHER 03/18/2005 INSIGHT PUBLIC SECTOR 906.32 MYCHAL FOWLDS 03/07/2005 OFFICE MAX 00007054 234.23 NICK FRANZEN 03/07/2005 OFFICE MAX 00007013 181.03 NICK FRANZEN 03/07/2005 OFFICE MAX 00007054 138.43 NICK FRANZEN 03/10/2005 NORTHSTAR SOLUTIONS 30.00 NICK FRANZEN 03/10/2005 OFFICE MAX 00007054 212.98 NICK FRANZEN 03/17/2005 SYX TIGERDIRECT.COM 24.98 NICK FRANZEN 03/17/2005 HP DIRECT - PUBLICSECTOR 624.09 NICK FRANZEN 03/17/2005 HP DIRECT - SMB 1,507.92 NICK FRANZEN 03/18/2005 SYX TIGERDIRECT.COM 48.03 NICK FRANZEN 03/18/2005 NEWEGG COMPUTERS 839.96 NICK FRANZEN 03/08/2005 S & T OFFICE PRODUCTS 11.56 PATRICIA FRY 03/09/2005 S & T OFFICE PRODUCTS 1.68 PATRICIA FRY 03/10/2005 S & T OFFICE PRODUCTS -2.23 PATRICIA FRY 03/07/2005 SPRINTPCS AUTOPYMT RC 114.71 RICHARD FURSMAN 03/18/2005 PBD ICMA PUBLICATIONS 90.38 RICHARD FURSMAN 03/18/2005 KNOWLANS #2 6.59 VIRGINIA GAYNOR 03/09/2005 KINKO'S #0617 1 1.13 CLARENCE GERVAIS 03/07/2005 S & T OFFICE PRODUCTS 69.11 JEAN GLASS 03/16/2005 S & T OFFICE PRODUCTS 11.65 JEAN GLASS 03/18/2005 S & T OFFICE PRODUCTS 79.36 JEAN GLASS 03/07/2005 THE HOME DEPOT 2810 7.44 MIKE GRAF 03/09/2005 BATTERIES PLUS 47.91 MIKE GRAF 03/11 /2005 A DOLLAR/MAPLE WOOD MALL 26.08 MIKE GRAF 03/14/2005 TARGET 00011858 48.63 MIKE GRAF 03/16/2005 ORIENTAL TRADING CO 185.85 MIKE GRAF 03/14/2005 RAINBOW FOODS 00088526 6.78 JANET M GREW HAYMAN 03/11/2005 PROPERTYKEY.COM, INC. 50.00 KAREN E GUILFOILE 11 Post Date Vendor Name Settlement Amt Cardholder Name 03/15/2005 VERIZON WRLS I2KW RE3 62.14 KAREN E GUILFOILE 03/09/2005 EMERGENCY MEDICAL PROD 158.69 JODI HALWEG 03/14/2005 TARGET 00011858 74.31 JODI HALWEG 03/14/2005 TARGET 00011858 41.50 JODI HALWEG 03/18/2005 CUB FOODS, INC. 12.63 JODI HALWEG 03/16/2005 THE HOME DEPOT 2801 31.82 ROLAND HELEY 03/16/2005 MENARDS 3022 84.54 GARY HINNENKAMP 03/07/2005 SCOUT SHOP - ST. PAUL 6.69 RON HORWATH 03/11/2005 OFFICE MAX 00002204 12.76 RON HORWATH 03/17/2005 PSW FRONTIER PRO SHOP 79.84 RON HORWATH 03/07/2005 ADT SECURITY SERVICES 164.00 STEVE HURLEY 03/07/2005 THE PERCS INDEX INC 500.00 STEVE HURLEY 03/07/2005 THE PERCS INDEX INC 500.00 STEVE HURLEY 03/07/2005 ESRI INC 1,332.50 STEVE HURLEY 03/14 /2005 NWAAIR 0122114548875 313.90 STEVE HURLEY 03/15 /2005 NEXTEL WIRELESS SVCS 52.14 STEVE HURLEY 03/16/2005 CLEARCUBE TECHNOLOGY INC 1,595.00 STEVE HURLEY 03/11/2005 KNOWLANS #2 14.02 ANN E HUTCHINSON 03/14/2005 MISS RIVER CTR -ST. PAU 67.25 ANN E HUTCHINSON 03/15 /2005 NEXTEL WIRELESS SVCS 3 5.7 8 ANNE HUTCHINSON 03/07/2005 HENRIKSEN ACE HARDWARE 36.16 DAVID JAHN 03/07/2005 EXCELLCOM 21.29 DAVID JAHN 03/11/2005 DALCO ENTERPRISES, INC 311.02 DAVID JAHN 03/11/2005 PARTS ASSOCIATES INC 163.60 MICHAEL KANE 03/14/2005 CINTAS FIRST AID #0431 27.05 MICHAEL KANE 03/09/2005 HENRIKSEN ACE HARDWARE 5.06 FLINT KARIS 03/16/2005 AEI ELECTRONIC PARTS 31.01 MARY B KOEHNEN 03/15/2005 HOLIDAY INN SELECT FB 3.78 DAVID KVAM 03/15/2005 HOLIDAY INN SELECT FB 19.94 DAVID KVAM 03/16/2005 JITB #0815 00008151 8.17 DAVID KVAM 03/16/2005 HOLIDAY INN SELECT FB 9.65 DAVID KVAM 03/16/2005 PAPPADEAUX SEAFOOD KITCHN 19.34 DAVID KVAM 03/16/2005 EMERGENCY MEDICAL PROD -55.67 DAVID KVAM 03/17/2005 ARBYS #I t 12 6.34 DAVID KVAM 03/17/2005 HOLIDAY INN SELECT FB 9.65 DAVID KVAM 03/17/2005 HOLIDAY INN SELECT FB 14.78 DAVID KVAM 03/17 /2005 MPD MPH CMI 133.86 DAVID KVAM 03/18/2005 HOLIDAY INN SELECT FB 9.65 DAVID KVAM 03/09/2005 DALCO ENTERPRISES, INC 73.24 MICHAEL LIDBERG 03/07/2005 THE HOME DEPOT 2801 42.47 DENNIS LINDORFF 03/10 /2005 MENARDS 3022 22.37 DENNIS LINDORFF 03/14/2005 HIRSHFIELD'S MAPLEWOOD 11.70 DENNIS LINDORFF 03/14 /2005 MENARDS 3022 9.31 DENNIS LINDORFF 03/15 /2005 MENARDS 3022 76.04 DENNIS LINDORFF 03/18/2005 THE HOME DEPOT 2801 16.60 DENNIS LINDORFF 03/15 /2005 NEXTEL WIRELESS SVCS 1,023.30 STEVE LUKIN 03/15/2005 WASTE MANAGEMENT 255.70 STEVE LUKIN 03/17 /2005 VERIZON WRLS I2KW RE3 71.06 STEVE LUKIN 03/17/2005 3M RESOURCE RECOVERY 109.14 STEVE LUKIN 03/17/2005 VIKING INDUSTRIAL CENTER 45.10 STEVE LUKIN 03/18/2005 EMERGENCY APPARATUS MA NT 208.39 STEVE LUKIN 03/18/2005 CHAMPPS MAPLEWOOD 38.07 STEVE LUKIN 03/18/2005 ADVANCED GRAPHIX INC 13.38 STEVE LUKIN 03/08/2005 G & K SERVICES 006 500.37 MARK MARUSKA 03/09/2005 HENRIKSEN ACE HARDWARE 99.35 MARK MARUSKA 03/10/2005 ZEP MANUFACTURING 508.37 MARK MARUSKA 7 Post Date Vendor Name Settlement Amt Cardholder Name 03/11/2005 AMERICAN FASTENEROO OF 00 8.65 MARK MARUSKA 03/15/2005 WASTE MANAGEMENT 198.29 MARK MARUSKA 03/17/2005 ON SITE SANITATION, IN 45.49 MARK MARUSKA 03/17/2005 VERIZON WRLS 12KW RE3 36.22 MARK MARUSKA 03/16/2005 CENTURY COLLEGE CONTINUIN 378.00 JON A MELANDER 03/17/2005 VERIZON WRLS 12KW RE3 61.83 ED NADEAU 03/07/2005 S & T OFFICE PRODUCTS 228.72 JEAN NELSON 03/08/2005 FREDPRYOR/CAREERTRACK - 179.00 JEAN NELSON 03/08/2005 G & K SERVICES 006 456.07 AMY NIVEN 03/08/2005 G & K SERVICES 006 88.40 AMY NIVEN 03/08/2005 G & K SERVICES 006 282.80 AMY NIVEN 03/08/2005 S & T OFFICE PRODUCTS 1 19.06 AMY NIVEN 03/10/2005 KINKO'S #0617 22.75 AMYNIVEN 03/17/2005 S & T OFFICE PRODUCTS 79.30 AMY NIVEN 03/07/2005 NORTHWOOD POWER EQUIPMENT 91.23 RICHARD NORDQUIST 03/18/2005 NATIONAL CAMERA EXCHANGE 451.49 ERICK OSWALD 03/07/2005 MISSOURI APCO 99.00 MARSHA PACOLT 03/18/2005 QWEST COMMUNICATION 673.00 MARSHA PACOLT 03/07/2005 EMERGENCY MEDICAL PROD 93.22 KURT PARSONS 03/10/2005 LATTER PKG EQUIP INC 323.59 KURT PARSONS 03/11/2005 EMERGENCY MEDICAL PROD 354.85 KURT PARSONS 03/14/2005 THE UPS STORE #2171 6.16 KURT PARSONS 03/14/2005 EMERGENCY MEDICAL PROD 66.51 KURT PARSONS 03/17/2005 EMERGENCY MEDICAL PROD 627.86 KURT PARSONS 03/11/2005 PROPERTYKEY.COM, INC. 50.00 DENNIS PECK 03/14/2005 S & T OFFICE PRODUCTS 12.14 KATHLEEN PECK HALL 03/17/2005 THE HOME DEPOT 2801 31.59 ROBERT PETERSON 03/18/2005 NAPA AUTO PARTS # 28438 5.73 ROBERT PETERSON 03/07/2005 BLACKHAWK PRODUCTS GROUP 68.85 PHILIP F POWELL 03/08/2005 MEDTECH FORENSICS INC 97.00 PHILIP F POWELL 03/10/2005 EXCELLCOM 127.48 PHILIP F POWELL 03/10/2005 BIZCHAIR.COM 479.88 PHILIP F POWELL 03/10/2005 NEWEGG COMPUTERS 100.99 PHILIP F POWELL 03/11 /2005 NARDINI FIRE EQUIPMENT CO 222.00 PHILIP F POWELL 03/14/2005 NARDINI FIRE EQUIPMENT CO 75.00 PHILIP F POWELL 03/14/2005 FMS PLUS 632.91 PHILIP F POWELL 03/16/2005 CC MILITARY SURPLUS LL 65.00 PHILIP F POWELL 03/16/2005 FT MC COY 09 56.82 PHILIP F POWELL 03/16/2005 KWIK TRIP 79600007963 16.78 PHILIP F POWELL 03/16/2005 MENARDS 3059 20.85 PHILIP F POWELL 03/16/2005 BEST BUY 00000109 74.53 PHILIP F POWELL 03/14/2005 CINTAS FIRST AID #0431 30.14 WILLIAM J PRIEFER 03/07/2005 KATH AUTO PARTS 221.52 STEVENPRIEM 03/09/2005 BORGEN RADIATOR CO 491.24 STEVENPRIEM 03/09/2005 VERMEER SALES & SERVICE 572.83 STEVENPRIEM 03/10/2005 CATCO PARTS & SERV # 1 128.59 STEVENPRIEM 03/11/2005 PARTS ASSOCIATES INC 50.16 STEVEN PRISM 03/14/2005 HENRIKSEN ACE HARDWARE 5.53 STEVENPRIEM 03/14/2005 FACTORY MOTOR PARTS 110.38 STEVENPRIEM 03/15/2005 H& L MESABI COMPANY 135.26 STEVENPRIEM 03/15/2005 BAUER BULT TRE33200023 291.23 STEVENPRIEM 03/15/2005 BAUER BULT TRE33200023 516.31 STEVENPRIEM 03/15/2005 KATH AUTO PARTS 48.03 STEVENPRIEM 03/16/2005 TOUSLEY FORD 127200039 -79.88 STEVENPRIEM 03/16/2005 GALLES CORPORATION 42.43 STEVENPRIEM 03/16/2005 EATINC 71.89 STEVENPRIEM N Post Date Vendor Name Settlement Amt Cardholder Name 03/16/2005 BAUER BULT TRE33200023 410.03 STEVENPRIEM 03/17/2005 SUNRAYBTB 149.93 STEVENPRIEM 03/17/2005 ZARNOTH BRUSH WORKS INC 238.67 STEVENPRIEM 03/17/2005 KATH AUTO PARTS 145.86 STEVENPRIEM 03/18/2005 TRI STATE BOBCAT 114.38 STEVENPRIEM 03/18/2005 ZARNOTH BRUSH WORKS INC 1,154.46 STEVEN PRIEM 03/18/2005 ZARNOTH BRUSH WORKS INC 1,689.57 STEVENPRIEM 03/18/2005 KATH AUTO PARTS 47.34 STEVEN PRIEM 03/18/2005 POLAR CHEVROLET 4.53 STEVENPRIEM 03/17/2005 THE TAPE COMPANY 118.95 KEVIN RABBETT 03/07/2005 THE STAR TRIBUNE - ADVERTIS 752.32 TERRIE RAMEAUX 03/10/2005 PIONEER PRESS ADVERTISIN 1,952.88 TERRIE RAMEAUX 03/07/2005 DALCO ENTERPRISES, INC 942.34 MICHAEL REILLY 03/10/2005 HENRIKSEN ACE HARDWARE 2.52 MICHAEL REILLY 03/16/2005 MENARDS 3059 50.35 MICHAEL REILLY 03/17/2005 DALCO ENTERPRISES, INC 1,099.89 MICHAEL REILLY 03/07/2005 8854 - RAINBOW F00088542 12.76 AUDRA ROBBINS 03/07/2005 CITY OF SHOREVIEW 69.65 AUDRA ROBBINS 03/09/2005 MAPLEWOOD COMMUNITY CNTR 4.50 AUDRA ROBBINS 03/10/2005 LEEANN CHIN INC4019 23.37 AUDRA ROBBINS 03/14/2005 CUB FOODS, INC. 9.26 AUDRA ROBBINS 03/18/2005 S S S ARTS CRAFT 130.50 AUDRA ROBBINS 03/09/2005 S & T OFFICE PRODUCTS 26.88 DEB SCHMIDT 03/15/2005 S & T OFFICE PRODUCTS 2.30 DEB SCHMIDT 03/15/2005 S & T OFFICE PRODUCTS 25.96 DEB SCHMIDT 03/08/2005 ROTHHAMMER INTERNATIONAL -1.76 RUSSELL L SCHMIDT 03/18/2005 ARAMARK REF SVS #6013- 309.95 RUSSELL L SCHMIDT 03/08/2005 G & K SERVICES 006 227.18 GERALD SEEGER 03/10/2005 T- MOBILE 23.53 ANDREA SINDT 03/17/2005 VERIZON WRLS I2KW RE3 45.13 ANDREA SINDT 03/07/2005 8861 - RAINBOW F00088617 45.49 PAULINE STAPLES 03/07/2005 CHRISTMASDEPOYCOM 112.40 PAULINE STAPLES 03/10/2005 S & T OFFICE PRODUCTS 147.11 PAULINE STAPLES 03/10/2005 USI ED GOV 50.95 JOANNE M SVENDSEN 03/18/2005 S & T OFFICE PRODUCTS 284.21 JOANNE M SVENDSEN 03/07/2005 RED WING SHOE STORE 84.00 AUSTIN SVENDSEN 03/14/2005 ASPEN MILLS 8005717343 44.95 AUSTIN SVENDSEN 03/14/2005 JEFFERSON FIRE & SAFETY I 546.00 AUSTIN SVENDSEN 03/17/2005 SEARS ROEBUCK 1122 1,019.78 AUSTIN SVENDSEN 03/18/2005 EDEN PRAIRIE TUITION OFFI 228.26 AUSTIN SVENDSEN 03/11/2005 ROCKLER WOODWORK 013 31.59 LYLE SWANSON 03/11/2005 HENRIKSEN ACE HARDWARE 186.19 LYLE SWANSON 03/11/2005 TWIN CITY FILTER SERV. 39.59 LYLE SWANSON 03/14/2005 VIKING ELECTRIC -ST. PAUL 22.33 LYLE SWANSON 03/14/2005 VIKING ELECTRIC -ST. PAUL 34.46 LYLE SWANSON 03/14/2005 GREEN LIGHT RECYCLING 117.93 LYLE SWANSON 03/16/2005 NORTH CHINA 6.71 LYLE SWANSON 03/16/2005 ROCKLER WOODWORK 013 11.79 LYLE SWANSON 03/16/2005 THE HOME DEPOT 2801 19.07 LYLE SWANSON 03/17/2005 ARM COM DISTRIBUTING CO - 186.55 LYLE SWANSON 03/17/2005 ARM COM DISTRIBUTING CO - 186.55 LYLE SWANSON 03/17/2005 THE HOME DEPOT 2801 20.31 LYLE SWANSON 03/17/2005 ARM COM DISTRIBUTING CO 186.55 LYLE SWANSON 03/17/2005 ARM COM DISTRIBUTING CO 193.37 LYLE SWANSON 03/17/2005 ALL MAIN STREET ELECTRIC 153.00 LYLE SWANSON 03/18/2005 MENARDS 3059 9.93 LYLE SWANSON A Post Date Vendor Name 03/07/2005 Q QWESTCOMM TN612 03/07/2005 Q QWESTCOMM TN612 03/07/2005 Q QWESTCOMM TN612 03/07/2005 Q QWESTCOMM TN612 03/07/2005 Q QWESTCOMM TN612 03/07/2005 Q QWESTCOMM TN612 03/07/2005 Q QWESTCOMM TN612 03/07/2005 Q QWESTCOMM TN612 03/07/2005 Q QWESTCOMM TN612 03/07/2005 Q QWESTCOMM TN612 03/14/2005 Q QWESTCOMM TN651 03/18/2005 R RAINBOW FOODS 00088617 03/09/2005 U USPS POSTAL STORE 03/07/2005 V VIKING #1090 03/10/2005 C COMMUNICATION BRIEFINGS Settlement Amt Cardholder Name 57.51 JUDY TETZLAFF 57.51 JUDY TETZLAFF 57.51 JUDY TETZLAFF 86.27 JUDY TETZLAFF 86.27 JUDY TETZLAFF 86.27 JUDY TETZLAFF 86.27 JUDY TETZLAFF 115.02 JUDY TETZLAFF 241.17 JUDY TETZLAFF 374.61 JUDY TETZLAFF 60.45 JUDY TETZLAFF 21.79 JOSEPH WATERS 38.00 JUDY WEGWERTH 115.64 SUSANZWIEG 79.00 SUSAN ZWIEG 213.08 SUSANZWIEG 53,827.84 10 Check Register City of Maplewood vchlist 04/01/2005 12:04:37 PM Check Date 66618 4/5/2005 66619 4/5/2005 Vendor 66620 66621 66622 66623 66624 66625 66626 66627 66628 66629 66630 66631 66632 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 00014 AT &T 01908 ADMINISTRATION, DEPT OF 00111 ANIMAL CONTROL SERVICES INC 00135 ASSN OF TRNG OFFICERS OF MN 00173 BELDEN, TIM 01936 BERGO„ CHAD 02914 BLUECROSS BLUESHIELD OF MN 01922 BREHEIM, ROGER 02929 CNAGLAC 00331 COPYMED INCORPORATED 00384 DE LAGE LANDEN FINANCIAL SRVS 00384 DE LAGE LANDEN FINANCIAL SRVS 00384 DE LAGE LANDEN FINANCIAL SRVS 00520 FLOR, TIMOTHY W 00529 FORTIS BENEFITS INSURANCE CO 66633 66634 66635 66636 66637 66638 66639 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 02481 FRANK, PETE 03365 FRANZEN, NICK 03366 FREDERICKS, MAYKAO 02642 GALLES CORP 00668 HIEBERT, STEVEN 02995 INTEGRATED LOSS CONTROL INC 02728 KIMLEY- HORN & ASSOCIATES INC 66640 4/5/2005 00821 KVAM, DAVID 66641 4/5/2005 00827 L M C IT 66642 66643 66644 66645 66646 66647 66648 66649 66650 66651 66652 66653 66654 66655 66656 66657 66658 66659 66660 66661 66662 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 4/5/2005 00857 LEAGUE OF MINNESOTA CITIES 00857 LEAGUE OF MINNESOTA CITIES 03065 MATS A 02336 M ATAYLOR INC 03332 MC CARTY, GLEN 02872 METLIFE SBC 02452 METRO CISM TEAM 00985 METROPOLITAN COUNCIL 03296 MILLERBERND MANUFACTURING CO 01035 MN CHAPTER IAAI 01085 MN LIFE INSURANCE 01160 NEWMAN TRAFFIC SIGNS 01175 NORTH ST PAUL, CITY OF 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 02270 PALDA & SONS INC 01346 RAMSEY- WASHINGTON METRO DIST 02001 ROSEVILLE, CITY OF 01418 SAM'S CLUB DIRECT Description /Account MANAGED INTERNET SRV - FEB NETWORK DATA BACKUP - FEB WIDE AREA NETWORK - FEB ANIMAL CONTROL SERVICE 3/21 - 3/26 FIELD TRAINING - 3 K -9 MAI NT - APR REIMB FOR MILEAGE & INTERNET MONTHLY PREMIUM PERS CELL PHONE USAGE - APR LONGTERM CARE INS INVESTIGATIVE MED RECORDS COPIER LEASE COPIER LEASE COPIER LEASE REIMB FOR TUITION & BOOKS 11/16 - 2/1 MONTHLY LTD PREMIUM STD PLAN 4043120 -0 -1 APR BASKETBALL SEASON REFEREE COORD REIMB FOR MILEAGE & INTERNET DANCE PERFORMANCE 9/25/04 ICE MELT K -9 MAI NT - APR HEALTH & SAFETY SRVS - APR THRU JUN PROJ 02 -21 PROF SRVS THRU 8/31/04 PROJ 02 -21 PROF SRVS THRU 9/30 PROJ 02 -21 PROF SRVS THRU 10/31 PROJ 04 -21 PROF SRVS THRU 12/30 PROJ 02 -21 PROF SRVS THRU 12/30 PROJ 03 -22 PROF SRVS THRU 1/31 PROJ 03 -26 PROF SRVS THRU 1/31 PROJ 04 -21 PROF SRVS THRU 1/31 PROJ 03 -26 PROF SRVS THRU 2/28 PROJ 04 -21 PROF SRVS THRU 2/28 PROJ 04 -23 PROF SRVS THRU 2/28 REIMB FOR TUITION 2/15 - 3/8 INS QUARTERLY PREM APR - JUN WORK COMP QUARTELRY APR =JUN DIRECTORY OF MN CITY OFFICIALS REGISTRATION FEE - 3 CONFERENCE REGISTRATION - 1 POLICE & FIRE FITNESS CONSULTANT REIMB FOR MEALS 3/2 - 3/30 MONTHLY DENTAL PREM TRAINING REGISTRATION -2 WASTEWATER-APR PROJ 03 -07 SIGNAL -ORDER #14528 IAAI MEMBERSHIP MONTHLY PREMIUM SIGNS DARE SKATING PARTY PROCEEDS 3/28 REF SCOTT PEDERSON - PR03 -39 DRVWY REF PHYLLIS BAKER - MEMBERSHIP REF SHIRLEY LEKO - MEMBERSHIP REF SHELLY CONWAY - MCC PROGRAM PROJ 02 -08 CTY RD D IMPRV - PYMT 3 2005 WATERFEST - CITY CONTRIBUTION JOINT POWERS AGREEMENT - MAR MERCH FOR RESALE MERCH FOR RESALE MERCH FOR RESALE MERCH FOR RESALE Amnunt 1,013.60 2,036.66 392.00 521.16 375.00 35.00 111.25 121,247.00 15.00 907.04 33.06 511.20 342.36 161.88 696.30 2,327.87 1,411.87 1,500.00 89.22 100.00 164.54 35.00 1,743.00 18,418.49 4,163.30 1,901.65 1,874.87 1,149.97 5,536.50 10,199.38 9,999.75 10,833.55 5,464.29 3,523.40 280.00 41,961.75 46,902.50 315.24 225.00 199.00 1,550.00 24.13 9,212.11 240.00 185,478.30 1,420.00 25.00 4,260.95 764.14 61.00 766.81 138.48 134.82 50.58 44,813.04 750.00 625.00 212.29 178.99 251.64 94.23 11 Check Date Vendor Description /Account Amount PROGRAM SUPPLIES 264.75 66663 4/5/2005 01504 ST PAUL, CITY OF MONTHLY WIRELESS REPORTING -APR 3,798.00 WATER & HYDRANT USAGE -4TH QTR 443.81 66664 4/5/2005 02705 SWAN, DAVE REIMB FOR BLDG INSP CERT 3/30 140.00 66665 4/5/2005 01649 TRI -STATE BOBCAT, INC. STEEL SURCHARGE 2,139.59 66666 4/5/2005 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING INSP 670.80 49 Checks in this report Total checks : 557,227.11 12 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 03/24/05 03/25/05 03/24/05 03/25/05 03/25/05 03/25/05 03/28/05 03/25/05 03/25/05 03/29/05 03/25/05 03/30/05 03/25/05 03/28/05 03/25/05 03/25/05 03/25/05 03/28/05 03/28/05 03/28/05 03/29/05 03/29/05 03/29/05 03/30/05 03/30/05 03/31/05 03/31/05 03/31/05 MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources MN State Treasurer U.S. Treasurer P.E.R.A. MN State Treasurer MN State Treasurer Orchard Trust MN State Treasurer MSA /Dispatcher Unions MN State Treasurer WI Dept of Revenue ARC Administration TOTAL Description Drivers License /Deputy Registrar Deferred Compensation DNR electronic licenses Drivers License /Deputy Registrar Federal Payroll Tax P.E.R.A. Drivers License /Deputy Registrar State Payroll Tax Deferred Compensation Drivers License /Deputy Registrar Union Dues Drivers License /Deputy Registrar State Payroll Tax DCRP & Flex plan payments Amount 14,578.94 9,356.10 647.12 13,714.50 89, 211.34 50, 531.29 13,399.16 17, 001.24 24,387.00 18, 871.75 154.00 14,694.50 1,575.64 1,340.87 269,463.45 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 03/25/05 CARDINAL, ROBERT 422.42 dd 03/25/05 JUENEMANN, KATHLEEN 371.77 dd 03/25/05 KOPPEN, MARVIN 371.77 dd 03/25/05 MONAHAN- JUNEK, JACQUELINE 371.77 dd 03/25/05 ROSSBACH, WILLIAM 371.77 dd 03/25/05 COLEMAN, MELINDA 4,058.22 dd 03/25/05 DARST, ROBERTA 1,673.55 dd 03/25/05 FURSMAN, RICHARD 4,638.25 dd 03/25/05 SWANSON, LYLE 1,707.45 dd 03/25/05 LE, SHERYL 3,958.50 dd 03/25/05 RAMEAUX, THERESE 2,353.34 dd 03/25/05 FAUST, DANIEL 4,128.24 dd 03/25/05 SCHMIDT, DEBORAH 1,303.27 dd 03/25/05 ANDERSON, CAROLE 1,703.29 dd 03/25/05 BAUMAN, GAYLE 3,287.77 dd 03/25/05 JACKSON, MARY 1,802.95 dd 03/25/05 KELSEY, CONNIE 804.08 dd 03/25/05 TETZLAFF, JUDY 1,802.95 dd 03/25/05 FRY, PATRICIA 1,673.35 dd 03/25/05 GUILFOILE, KAREN 2,855.98 dd 03/25/05 OSTER, ANDREA 1,747.66 dd 03/25/05 CARLE, JEANETTE 1,631.16 dd 03/25/05 FIGG, SHERRIE 963.02 dd 03/25/05 JAGOE, CAROL 1,638.51 dd 03/25/05 JOHNSON, BONNIE 1,005.24 dd 03/25/05 MOY, PAMELA 748.67 dd 03/25/05 OLSON, SANDRA 1,477.03 dd 03/25/05 WEAVER, KRISTINE 1,736.55 dd 03/25/05 BANICK, JOHN 3,834.90 dd 03/25/05 CORCORAN, THERESA 1,614.15 dd 03/25/05 POWELL, PHILIP 2,246.22 dd 03/25/05 RICHIE, CAROLE 1,633.47 dd 03/25/05 SPANGLER, EDNA 255.75 dd 03/25/05 THOMALLA, DAVID 4,247.72 dd 03/25/05 ABEL, CLINT 2,386.60 dd 03/25/05 ALDRIDGE, MARK 2,979.47 dd 03/25/05 ANDREWS, SCOTT 3,246.95 dd 03/25/05 BAKKE, LONN 2,431.80 dd 03/25/05 BELDE, STANLEY 2,666.95 dd 03/25/05 BIERDEMAN, BRIAN 2,078.38 dd 03/25/05 BOHL, JOHN 2,855.47 dd 03/25/05 BUSACK, DANIEL 2,400.36 dd 03/25/05 COFFEY, KEVIN 2,096.92 dd 03/25/05 CROTTY, KERRY 2,428.02 dd 03/25/05 DOBLAR, RICHARD 2,767.54 dd 03/25/05 DUNN, ALICE 2,521.16 dd 03/25/05 GABRIEL, ANTHONY 1,771.74 dd 03/25/05 HEINZ, STEPHEN 2,912.76 dd 03/25/05 HILBERT, STEVEN 2,611.76 dd 03/25/05 JOHNSON, KEVIN 3,358.45 dd 03/25/05 KARTS, FLINT 2,866.22 14 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 03/25/05 KONG, TOMMY 2,361.32 dd 03/25/05 KROLL, BRETT 2,438.11 dd 03/25/05 KVAM, DAVID 3,257.27 dd 03/25/05 LARSON, DANIEL 285.53 dd 03/25/05 LU, JOHNNIE 2,386.60 dd 03/25/05 MARINO, JASON 2,201.18 dd 03/25/05 MARTIN, JERROLD 2,419.22 dd 03/25/05 MCCARTY, GLEN 2,023.71 dd 03/25/05 METRY, ALESIA 2,230.84 dd 03/25/05 NYE, MICHAEL 1,652.23 dd 03/25/05 OLSON, JULIE 2,520.45 dd 03/25/05 RABBETT, KEVIN 3,450.09 dd 03/25/05 STEFFEN, SCOTT 2,975.34 dd 03/25/05 SYPNIEWSKI, WILLIAM 1,584.25 dd 03/25/05 SZCZEPANSKI, THOMAS 2,497.34 dd 03/25/05 TRAN, JOSEPH 2,583.63 dd 03/25/05 WENZEL, JAY 2,373.01 dd 03/25/05 XIONG, KAO 2,262.99 dd 03/25/05 BARTZ, PAUL 2,463.17 dd 03/25/05 BERGERON, JOSEPH 3,065.50 dd 03/25/05 DUGAS, MICHAEL 2,668.61 dd 03/25/05 ERICKSON, VIRGINIA 2,595.52 dd 03/25/05 EVERSON, PAUL 1,965.67 dd 03/25/05 FLOR, TIMOTHY 3,117.66 dd 03/25/05 FRASER, JOHN 2,737.12 dd 03/25/05 HALWEG, JODI 1,785.07 dd 03/25/05 L'ALLIER, DANIEL 1,453.09 dd 03/25/05 LANGNER, SCOTT 1,913.85 dd 03/25/05 PALMA, STEVEN 2,918.29 dd 03/25/05 PARSONS, KURT 2,208.40 dd 03/25/05 THIENES, PAUL 2,830.54 dd 03/25/05 DAWSON, RICHARD 1,792.15 dd 03/25/05 DUELLMAN, KIRK 1,844.53 dd 03/25/05 JOHNSON, DOUGLAS 1,792.15 dd 03/25/05 NOVAK, JEROME 1,792.15 dd 03/25/05 PETERSON, ROBERT 1,923.85 dd 03/25/05 SVENDSEN, RONALD 1,869.15 dd 03/25/05 GERVAIS -JR, CLARENCE 2,729.91 dd 03/25/05 BAUER, MICHELLE 1,755.04 dd 03/25/05 FLAUGHER, JAYME 1,876.31 dd 03/25/05 HERMANSON, CHAD 1,194.25 dd 03/25/05 HUBIN, KENNARD 1,569.35 dd 03/25/05 LAFFERTY, WALTER 1,876.51 dd 03/25/05 LINN, BRYAN 2,158.07 dd 03/25/05 PACOLT, MARSHA 2,339.34 dd 03/25/05 RABINE, JANET 2,140.95 dd 03/25/05 SCHAULS, ADAM 72.25 dd 03/25/05 SCHREIER, JENNIFER 136.00 dd 03/25/05 STAHNKE, JULIE 1,810.15 dd 03/25/05 LUKIN, STEVEN 3,731.90 dd 03/25/05 SVENDSEN, AUSTIN 2,991.94 dd 03/25/05 ZWIEG, SUSAN 1,745.35 dd 03/25/05 DOLLERSCHELL, ROBERT 282.07 dd 03/25/05 AHL, R. CHARLES 4,329.30 dd 03/25/05 NIVEN, AMY 1,165.02 dd 03/25/05 PRIEFER, WILLIAM 2,604.66 15 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 03/25/05 WEGWERTH, JUDITH 1,752.28 dd 03/25/05 BRINK, TROY 1,692.93 dd 03/25/05 DEBILZAN, THOMAS 682.95 dd 03/25/05 EDGE, DOUGLAS 1,826.15 dd 03/25/05 JONES, DONALD 2,023.40 dd 03/25/05 KANE, MICHAEL 2,941.68 dd 03/25/05 LUTZ, DAVID 1,826.77 dd 03/25/05 MEYER, GERALD 1,920.45 dd 03/25/05 NAGEL, BRYAN 2,130.27 dd 03/25/05 OSWALD, ERICK 2,138.79 dd 03/25/05 TEVLIN, TODD 1,662.75 dd 03/25/05 CAVETT, CHRISTOPHER 3,270.46 dd 03/25/05 DUCHARME, JOHN 2,323.66 dd 03/25/05 ENGSTROM, ANDREW 1,795.42 dd 03/25/05 JACOBSON, SCOTT 1,837.85 dd 03/25/05 KNUTSON, LOIS 974.20 dd 03/25/05 LABEREE, ERIN 3,821.18 dd 03/25/05 LINDBLOM, RANDAL 3,262.18 dd 03/25/05 MURRA, AARON 290.95 dd 03/25/05 PECK, DENNIS 2,330.59 dd 03/25/05 PRIEBE, WILLIAM 3,492.01 dd 03/25/05 VERMEERSCH, CHARLES 3,285.52 dd 03/25/05 ANDERSON, BRUCE 4,024.42 dd 03/25/05 CAREY, HEIDI 1,991.75 dd 03/25/05 HALL, KATHLEEN 1,749.97 dd 03/25/05 MARUSKA, MARK 2,649.16 dd 03/25/05 NAUGHTON, JOHN 1,655.75 dd 03/25/05 SCHINDELDECKER, JAMES 1,824.46 dd 03/25/05 BIESANZ, OAKLEY 1,438.40 dd 03/25/05 HAYMAN, JANET 1,333.86 dd 03/25/05 HUTCHINSON, ANN 2,221.50 dd 03/25/05 NELSON, JEAN 990.69 dd 03/25/05 SEEGER, GERALD 577.10 dd 03/25/05 GAYNOR, VIRGINIA 1,957.35 dd 03/25/05 EKSTRAND, THOMAS 3,014.19 dd 03/25/05 KROLL, LISA 1,173.56 dd 03/25/05 LIVINGSTON, JOYCE 969.88 dd 03/25/05 SINDT, ANDREA 1,586.15 dd 03/25/05 THOMPSON, DEBRA 645.66 dd 03/25/05 YOUNG, TAMELA 1,466.95 dd 03/25/05 FINWALL, SHANN 2,232.55 dd 03/25/05 ROBERTS, KENNETH 2,589.39 dd 03/25/05 CARVER, NICHOLAS 2,728.26 dd 03/25/05 FISHER, DAVID 3,234.20 dd 03/25/05 RICE, MICHAEL 1,846.95 dd 03/25/05 SWAN, DAVID 1,936.55 dd 03/25/05 KONEWKO, DUWAYNE 2,600.55 dd 03/25/05 ANZALDI, KALI 440.00 dd 03/25/05 WORK, ALICIA 36.00 dd 03/25/05 FINN, GREGORY 2,133.02 dd 03/25/05 GRAF, MICHAEL 1,890.59 dd 03/25/05 KELLY, LISA 1,181.22 dd 03/25/05 KYRK, ASHLEY 146.00 dd 03/25/05 MCBRIDE, PATRICK 82.00 dd 03/25/05 NIEMCZYK, BRIAN 84.00 dd 03/25/05 OHLHAUSER, MEGHAN 200.00 16 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 03/25/05 ROBBINS, AUDRA 1,997.38 dd 03/25/05 SHERRILL, CAITLIN 240.75 dd 03/25/05 TAUBMAN, DOUGLAS 2,797.48 dd 03/25/05 ZIELINSKI, JOSEPH 36.00 dd 03/25/05 BREHEIM, ROGER 1,826.77 dd 03/25/05 GERMAIN, DAVID 1,831.39 dd 03/25/05 NORDQUIST, RICHARD 1,822.15 dd 03/25/05 SCHULTZ, SCOTT 2,141.20 dd 03/25/05 ANZALDI,MANDY 1,170.44 dd 03/25/05 COLEMAN, PHILIP 217.50 dd 03/25/05 COLLINS, ASHLEY 184.80 dd 03/25/05 CRAWFORD - JR, RAYMOND 313.78 dd 03/25/05 CROSSON, LINDA 2,486.83 dd 03/25/05 EVANS, CHRISTINE 780.55 dd 03/25/05 PELOQUIN, PENNYE 648.60 dd 03/25/05 SCHMIDT, RUSSELL 2,007.26 dd 03/25/05 SCHULZE, BRIAN 383.41 dd 03/25/05 STAPLES, PAULINE 2,898.01 dd 03/25/05 ABRAHAMSON, DANIEL 49.00 dd 03/25/05 BENDTSEN, LISA 44.78 dd 03/25/05 BRENEMAN, NEIL 605.29 dd 03/25/05 CRAWFORD, RAYMOND 116.00 dd 03/25/05 EDSON, JAMIE 96.06 dd 03/25/05 ERICKSON- CLARK, CAROL 65.75 dd 03/25/05 ESTRADA, KIEL 248.55 dd 03/25/05 FONTAINE, KIM 797.94 dd 03/25/05 GREDVIG, ANDERS 102.23 dd 03/25/05 HALEY, BROOKE 176.55 dd 03/25/05 HORWATH, RONALD 1,978.42 dd 03/25/05 IRISH, GRACE 187.60 dd 03/25/05 IRISH, KARL 181.75 dd 03/25/05 KOEHNEN, AMY 144.90 dd 03/25/05 KOEHNEN, MARY 904.23 dd 03/25/05 KRONHOLM, KATHRYN 329.26 dd 03/25/05 MARUSKA, ERICA 106.50 dd 03/25/05 MATHEWS, LEAH 45.50 dd 03/25/05 NELSON, SIERRA 39.00 dd 03/25/05 OVERBY, ANNA 77.20 dd 03/25/05 POTTRATZ, DIANE 45.85 dd 03/25/05 PROESCH, ANDY 349.08 dd 03/25/05 SCHMIDT, LINDSEY 19.50 dd 03/25/05 SHAW, KRISTINA 119.10 dd 03/25/05 SMITH, ANN 196.88 dd 03/25/05 TUPY, HEIDE 161.60 dd 03/25/05 TUPY, MARCUS 446.88 dd 03/25/05 WERNER, REBECCA 26.00 dd 03/25/05 WHITE, NICOLE 467.20 dd 03/25/05 GROPPOLI, LINDA 326.25 dd 03/25/05 HANSON, ELIZABETH 42.00 dd 03/25/05 KURKOSKI, STEPHANIE 40.43 dd 03/25/05 BEHAN, JAMES 1,702.83 dd 03/25/05 LONETTI, JAMES 1,218.68 dd 03/25/05 MILES, LAURA 178.05 dd 03/25/05 PATTERSON, ALBERT 1,044.92 dd 03/25/05 PRINS, KELLY 1,184.37 dd 03/25/05 REILLY, MICHAEL 1,580.55 17 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 03/25/05 AICHELE, CRAIG 1,884.84 dd 03/25/05 PRIEM, STEVEN 2,180.81 dd 03/25/05 BERGO, CHAD 2,255.29 dd 03/25/05 FOWLDS, MYCHAL 1,976.78 dd 03/25/05 FRANZEN, NICHOLAS 1,512.86 dd 03/25/05 HURLEY, STEPHEN 3,245.74 dd 03/25/05 ARNOLD, DAVID # # ##### # #### dd 03/25/05 BECKER, RONALD # # ##### # #### dd 03/25/05 BURKE, MYLES # # ##### # #### dd 03/25/05 CAHANES, ANTHONY # # ##### # #### dd 03/25/05 CLAUSON, DALE # # ##### # #### dd 03/25/05 DREGER, RICHARD # # ##### # #### dd 03/25/05 EDSON, KAREN # # ##### # #### dd 03/25/05 HALWEG, KEVIN # # ##### # #### dd 03/25/05 MEEHAN, JAMES # # ##### # #### dd 03/25/05 MELANDER, JON # # ##### # #### dd 03/25/05 MOESCHTER, RICHARD # # ##### # #### dd 03/25/05 MORELLI, RAYMOND # # ##### # #### dd 03/25/05 MULVANEY, DEWS # # ##### # #### dd 03/25/05 NELSON, CAROL # # ##### # #### dd 03/25/05 OSTROM, MARJORIE # # ##### # #### dd 03/25/05 RYAN, MICHAEL # # ##### # #### dd 03/25/05 SKALMAN, DON # # ##### # #### dd 03/25/05 STAFNE, GREG # # ##### # #### dd 03/25/05 STOCKTON, DERRELL # # ##### # #### dd 03/25/05 SVENDSEN, BRANDON # # ##### # #### dd 03/25/05 URBANSKI, HOLLY # # ##### # #### dd 03/25/05 VIETOR, LORRAINE # # ##### # #### dd 03/25/05 VORWERK, ROBERT # # ##### # #### WE 100778 03/25/05 INGVOLDSTAD, CURTIS 137.50 WE 100779 03/25/05 WORKMAN, ROBERT 50.00 WE 100780 03/25/05 CARLSON, STEVEN 1,838.34 WE 100781 03/25/05 JAHN, DAVID 1,663.27 WE 100782 03/25/05 MORIN, TROY 204.00 WE 100783 03/25/05 MATHEYS, ALANA 1,973.48 WE 100784 03/25/05 GENNOW, PAMELA 940.88 WE 100785 03/25/05 HANSEN, LORI 1,679.76 WE 100786 03/25/05 PALANK, MARY 1,616.46 WE 100787 03/25/05 SVENDSEN, JOANNE 1,786.59 WE 100788 03/25/05 SHORTREED, MICHAEL 2,884.59 WE 100789 03/25/05 STEINER, JOSEPH 582.00 WE 100790 03/25/05 WELCHLIN, CABOT 2,526.13 WE 100791 03/25/05 FREBERG, RONALD 655.22 WE 100792 03/25/05 JAROSCH, JONATHAN 471.75 WE 100793 03/25/05 EDSON, DAVID 1,928.30 WE 100794 03/25/05 HELEY, ROLAND 1,859.48 WE 100795 03/25/05 HINNENKAMP, GARY 1,834.03 WE 100796 03/25/05 LINDORFF, DENNIS 1,826.77 WE 100797 03/25/05 NOVAK, MICHAEL 1,753.35 WE 100798 03/25/05 GERNES, CAROLE 188.81 WE 100799 03/25/05 SOUTTER, CHRISTINE 96.25 WE 100800 03/25/05 FREYBERGER, RACHEL 324.00 WE 100801 03/25/05 GRAF, ASHLEY 65.00 WE 100802 03/25/05 HARGROVE, CAYLA 84.00 WE 100803 03/25/05 HJELMGREN, NICOLE 10.75 WE 100804 03/25/05 ROBBINS, EMERALD 118.00 i[3 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT WE 100805 03/25/05 SHOBERG, KARI 84.56 WE 100806 03/25/05 TARR -JR, GUS 60.00 WE 100807 03/25/05 ZUSTIAK, CODY 147.00 WE 100808 03/25/05 HAAG, MARK 1,774.11 WE 100809 03/25/05 NADEAU, EDWARD 2,930.14 WE 100810 03/25/05 DOBLAR, STEVE 103.60 WE 100811 03/25/05 GLASS, JEAN 1,786.43 WE 100812 03/25/05 TOLBERT, FRANCINE 334.00 WE 100813 03/25/05 UNGER, MARGARET 549.90 WE 100814 03/25/05 VELASQUEZ, ANGELA 448.50 WE 100815 03/25/05 ANDERSON, CALEB 28.60 WE 100816 03/25/05 ANDERSON, JOSHUA 58.50 WE 100817 03/25/05 ANDERSON, JUSTIN 65.00 WE 100818 03/25/05 BRENEMAN, SEAN 43.23 WE 100819 03/25/05 BRIN, LAUREN 33.50 WE 100820 03/25/05 CLARK, PAMELA 51.00 WE 100821 03/25/05 COSTA, JOSEPH 507.08 WE 100822 03/25/05 DEMPSEY, BETH 112.00 WE 100823 03/25/05 DUNN, RYAN 591.20 WE 100824 03/25/05 EVANS, KRISTIN 37.50 WE 100825 03/25/05 FENGER, JUSTIN 78.85 WE 100826 03/25/05 FIERRO WESTBERG, MELINDA 35.43 WE 100827 03/25/05 FLICKINGER, JUANITA 39.00 WE 100828 03/25/05 GRANT, MELISSA 140.00 WE 100829 03/25/05 GRUENHAGEN, LINDA 718.35 WE 100830 03/25/05 HOULE, DENISE 200.70 WE 100831 03/25/05 KROLL, MARK 66.00 WE 100832 03/25/05 LEMAY, KATHERINE 78.00 WE 100833 03/25/05 MCCANN, NATALIE 16.50 WE 100834 03/25/05 MCMAHON, MELISSA 158.03 WE 100835 03/25/05 PEHOSKI, JOEL 34.58 WE 100836 03/25/05 PETERSON, ANNA 39.00 WE 100837 03/25/05 ROSTRON, ROBERT 19.50 WE 100838 03/25/05 SCHOENECKER, SAMANTHA 71.50 WE 100839 03/25/05 SCHRAMM, BRITTANY 71.50 WE 100840 03/25/05 SCHREINER, MICHELLE 194.85 WE 100841 03/25/05 SMITLEY, SHARON 345.00 WE 100842 03/25/05 STAHNKE, AMY 183.63 WE 100843 03/25/05 TRUE, ANDREW 120.70 WE 100844 03/25/05 WARNER, CAROLYN 326.80 WE 100845 03/25/05 WELTER, ELIZABETH 123.45 WE 100846 03/25/05 WOODMAN, ALICE 206.30 WE 100847 03/25/05 ZIEMER, NICOLE 529.00 WE 100848 03/25/05 BOSLEY, CAROL 265.20 WE 100849 03/25/05 DOBBS, SYDNEY 30.00 WE 100850 03/25/05 HAGSTROM, EMILY 108.88 WE 100851 03/25/05 LEWIS, AMY 165.76 WE 100852 03/25/05 OIL, REBECCA 149.10 WE 100853 03/25/05 PARAYNO, GUAI 159.10 WE 100854 03/25/05 QUINN, KELLY 35.75 WE 100855 03/25/05 SATTLER, MELINDA 37.50 WE 100856 03/25/05 STODGHILL, AMANDA 18.00 WE 100857 03/25/05 VAN HALE, PAULA 234.00 WE 100858 03/25/05 WALKER, DAPHINE 88.80 WE 100859 03/25/05 BALDWIN, JANA 103.08 WE 100860 03/25/05 DOUGLASS, TOM 996.92 19 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT WE 100861 03/25/05 HER, CHONG 206.50 WE 100862 03/25/05 HER, PHENG 201.08 WE 100863 03/25/05 NAGEL, BROOKE 119.35 WE 100864 03/25/05 O'GRADY, VICTORIA 63.18 WE 100865 03/25/05 O'GRADY, ZACHARY 121.63 WE 100866 03/25/05 OLSON, CHRISTINE 25.40 WE 100867 03/25/05 RYDEEN, ARIEL 73.55 WE 100868 03/25/05 SIMPSON, JOSEPH 89.48 WE 100869 03/25/05 SIMPSON, KIMBERLYN 136.33 WE 100870 03/25/05 THEESFELD, CALEB 53.20 WE 100871 03/25/05 VANG, KAY 113.05 WE 100872 03/25/05 VANG, TIM 130.18 WE 100873 03/25/05 ZIMMERMAN, STEPHEN 22.23 430.159.54 20 Agenda Item G.2 MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, Associate Planner SUBJECT: Conditional Use Permit Review - Schlomka Landscaping, Inc. APPLICANT: Paul Schlomka LOCATION: 2511 Carver Avenue DATE: April 1, 2005 INTRODUCTION The two conditional use permits (CUPS) associated with Schlomka Landscaping, Inc. are due for review. Paul Schlomka operates the landscape business out of a 4,224- square -foot pole barn he constructed on his Farm Residence zoned property at 2511 Carver Avenue. 1- 7e[83:(H:Zo1lll1.U7 September 10, 2001: The city council amended the Farm Residence (F) zoning district to allow a landscape business, or any other similar use, as an accessory use with a CUP. (Refer to September 10, 2001 city council minutes.) Paul Schlomka prompted the amendment with a request to the city for a home occupation license to operate a landscape business from his Farm Residence zoned property. September 24, 2001: The city council approved two CUPS for Schlomka Landscaping, Inc. as follows: 1) a CUP to operate a landscape business within the Farm Residence (F) zoning district; and 2) a CUP to build a 4,224- square -foot, 18.5- foot -high pole barn. (Refer to September 24, 2001, city council minutes attached.) November 13, 2002; January 12, 2004: The city council approved extensions to the two CUPS for Schlomka Landscaping, Inc. DISCUSSION Prior to construction of the pole barn in 2001, Mr. Schlomka had a stockpile of dirt and rock on the property. The city council approved the conditional use permit for the landscaping business on the condition that he remove the dirt and rock from the property or use the dirt in the construction of the pole barn. Mr. Schlomka constructed the pole barn in the spring of 2002. At that time he removed the rock and obtained a grading permit to move a portion of the dirt to the east side of the property in order to help screen the pole barn and landscape business from the adjacent residential property. Upon inspection of the site this year, staff found another large stockpile of dirt located along the northeast side of the lot. (Refer to picture attached.) Mr. Schlomka explained that he had placed the material there in order to extend the existing berm. Stockpiling of material and /or moving dirt of this magnitude onto a lot in order to create a berm requires a grading permit from the City of Maplewood. A grading permit would allow the city's engineering department to review and inspect the site for appropriate erosion control and turf establishment. This is especially important on this property because it is located near Fish Creek, which is an environmentally sensitive area. Mr. Schlomka did not obtain the required grading permit and as such is in violation of city code. In addition, Mr. Schlomka's conditional use permit for the landscape business and the city ordinance allowing such a business states that no exterior storage is allowed. The city added this condition to address concerns that the exterior storage of landscape materials (including rock and dirt), and the movement of those materials with machinery, would detract from the residential character of the neighborhood. Mr. Schlomka is therefore also in violation of his conditional use permit. City staff notified Mr. Schlomka of the need for a grading permit for the construction of the berm. Mr. Schlomka replied that he is unwilling to obtain such a permit due to the fact that an experienced landscaper /excavator such as himself should be exempt from these requirements. Mr. Schlomka stated that instead of obtaining the required grading permit, he would remove the dirt. To date, the large stockpile of dirt remains and Mr. Schlomka has not applied for a grading permit. For this reason the city's engineering department has sent Mr. Schlomka a stop work notice specifying that he needs to obtain the required grading permit or remove the stockpiled dirt by Friday, April 8, 2005. RECOMMENDATION Staff recommends that the city council review Paul Schlomka's conditional use permits for a landscape business (Schlomka Landscaping, Inc.) at 2511 Carver Avenue again in two months (June 2005). If Mr. Schlomka has not complied with the entire engineering department's requirements by this time, the city council should consider the revocation of the conditional use permit for a landscape business. p:sec24 -28 \2511 Carver Schlomka 2005 CUP Review Attachments: 1. Location Map 2. Site Plan 3. September 10, 2001 City Council Minutes 4. September 24, 2001 City Council Minutes 5. Picture Attachment 1 MAN a MON Schlornka Landscaping 2511 Carver Avenue rl o O � K M ' 00 RIM 0 P 0 17 "It M E Location Map V W 5� 2 / y a]B Kres pi p •.. o! 89j �O bees no rynorl mta a Brim . /P;ne Ireea - Crbert P.00mea Slorope 9v.i6ny 2 u;xenonema tma tn•augnort I inla oreo / pi p •.. o! 89j �O bees no rynorl mta a Brim . /P;ne Ireea - Crbert P.00mea Slorope 9v.i6ny 2 Centerline of C,er ....� .Fa' -4. ME N Site Plan 4 I �9rae � Slre.t Em.m.n Centerline of C,er ....� .Fa' -4. ME N Site Plan 4 Attachment 3 AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 10, 2001 Council Chambers, Municipal Building Meeting No. 01 -19 J. UNFINISHED BUSINESS Code Amendment F (Farm Residence) District (Second Reading) a. City Manager Fursman introduced the staff report. Councilmember Allenspach moved to approve the following ordinance amendment in order to allow landscaping and other similar businesses in the farm zone with a conditional use permit. ORDINANCE 814 AN ORDINANCE AMENDING THE FARM RESIDENCE DISTRICT The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment adds subdivision (5) to Section 36 -52 (Farm Residence District Conditional Uses) (additions are underlined): Section 36 -52. Conditional uses. The following uses may be permitted by conditional use permit: (1) Any use allowed by conditional use in the R -1 Residence District, except that equipment and vehicles used for on -site farming or equipment and vehicles used for an on -site landscaping business, or anv other similar business approved with a conditional use permit as described in Section 36 -52(5) below, shall be a permitted use. (5) As an accessory use to residential property, a landscaping business, or any other similar use that is determined to be the same general character as a landscape business, if on a parcel of land which is four 4) acres or larger. Where there is a question concerning the he appropriateness of a similar use as a conditional use within the farm residence district, the planning commission shall review the question and forward a recommendation to the city council for final determination. The landscaping or similar type business must meet the findings for a conditional use permit as well as the following: a. No exterior storage of commercial vehicles, equipment, or material associated with the business. Storage of these items must be in an approved accessory structure that meets the findings below: 1. The accessory structure must meet the size and heieht requirements as specified in Section 36 -77 (Accessory Structures). 2. When adjacent a residential lot, the accessory structure must comply with the setback requirements specified in Section 36- 28(c)(6)(b) (Additional Design Standards). When adjacent to a commercial lot, the accessory structure must comply with Section 36 -71 and 36 -72 Residential Side and Rear Setbacks for Accessory Structures)- 3. When adjacent a residential lot, the accessory structure, and other areas of the lot where deemed necessary, shall comply with Section 36- 27(a), (b), (c), and (d) (Landscaping and Screemn b. No more than one (1) nonresident employee shall be allowed to work on the premises. C. The hours of operation are limited to 7 a.m. to 7 p.m., Monday through Saturday. Seconded by Councilmember Koppen Ayes -All 2. Code Amendment Rezonings (Second Reading) a. City Manager Fursman introduced the staff report. Councilmember Wasiluk moved to approve the following proposed ordinance amendment changing the voting requirements for zoning code amendments and zoning map changes: Attachment 4 MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 24, 2001 Council Chambers, Municipal Building Meeting No. 01 -22 3. 7:30 Schlomlca Landscaping Inc. (2511 Carver Avenue) a. Conditional Use Permit (Landscaping Business in F Zone) b. Conditional Use Permit (Over -Sized Accessory Structure) a. Assistant City Manager Coleman introduced the staff report. b. Associate Planner Finwall provided specifics of the report. C. Commissioner Rossbach presented details from the September 4, 01 Planning Commission Meeting. d. Mayor Cardinal opened the public meeting. The following people were heard: Paul Schlomlca, applicant, 2511 Carver Avenue, Maplewood e. Mayor Cardinal closed the public hearing. Councilmember Allenspach moved to approve the following resolutions for the Conditional Use Permit for a Landscaping Business in an F Zone and a Conditional Use Permit for an Over -Sized Accessory Structure with staff revisions: RESOLUTION O1 -09 -89 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Paul Schlomlca applied for a conditional use permit to operate a landscaping business within a farm residence zoning district; WHEREAS, this permit applies to property located at 2511 Carver Avenue, Maplewood, Minnesota. The legal description is: Subject to HWY AVE and Easements, Part of Southeasterly of Northwesterly L of SD HWY of W V2 of NW Y4 of NE Y4 of SEC 24, TN 28, RN 22. WHEREAS, the Ramsey County Property Identification Number for this property is 24- 28 -22 -12 -0005; WHEREAS, the history of this conditional use permit is as follows: On September 4, 2001, the planning commission recommended that the city council approve the conditional use permit. 2. On September 24, 2001, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above - described conditional use permit based on the building and site plans. The city approved this permit because: 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 runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 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 of the conditional use permit is subject to the following conditions: 1. The business must be conducted solely within the house or an accessory structure. 2. No exterior storage is allowed, including all commercial vehicles, equipment, and supplies associated with the business. 3. No more than one (1) nonresident employee shall be allowed to work on the premises. 4. The landscape business hours of operation are limited to 7 a.m. to 7 p.m., Monday through Saturday. 5. Any exterior fighting associated with the business must not produce glare on adjacent residential properties nor shall it exceed 0.4- foot - candles at the property line. 6. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. The conditional use permit shall be reviewed by the city council in one year. 8. The conditional use permit shall be reviewed in the event the property is transferred to a new owner who intends to operate a landscaping business, or similar business, from the property. 9. If the conditional use permit for a landscape business is voluntarily abandoned and ceases for a continuous period of one year or more, the conditional use permit will become null and void. RESOLUTION O1 -09 -90 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Paul Schlomka applied for a conditional use permit to construct a 4,224- square -foot pole barn within a farm - residence zoning district; WHEREAS, this permit applies to property located at 2511 Carver Avenue, Maplewood, Minnesota. The legal description is: Subject to HWY AVE and Easements, Part of Southeasterly of Northwesterly L of SD HWY of W V2 of NW Y4 of NE Y4 of SEC 24, TN 28, RN 22. WHEREAS, the Ramsey County Property Identification Number for this property is 24- 28 -22 -12 -0005. WHEREAS, the history of this conditional use permit is as follows: On September 4, 2001, the planning commission recommended that the city council approve the conditional use permit. 2. On September 24, 2001, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above - described conditional use permit based on the building and site plans. The city approved this permit because: 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. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic 9 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 of the conditional use permit is subject to the following conditions: The pole barn is limited in size to 4,224 square feet in area and 18.5 feet in height. 2. The pole barn must maintain at least a 50 -foot setback from the adjacent residential property. 3. The applicant will obtain all necessary permits for the construction of the pole barn. Prior to issuance of a building permit the owner will submit for staff's review and approval a revised site plan showing a 6 -foot high berm to be constructed along the east side of the pole barn and driveway. A staggered row of 12, 6- foot -high evergreens must be installed on the berm. 5. Prior to the building department finalizing the building permit, the owner will do the following: a. Remove the stockpile dirt and rock from the north side of the property. These materials must be removed from the property entirely, used in the construction of the pole barn, or stored inside the pole barn. b. Install the required berm and landscaping. 6. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. The conditional use permit shall be reviewed by the city council in one year. Seconded by Councilmember Koppen. Ayes -All 10 Attachment 5 Stockpiled Dirt Located on the Northeast Corner of 2511 Carver Avenue (Schlomka Landscaing, Inc.) Picture Taken March 15, 2005 11 Agenda #G -3 AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David J. Thomalla Subject: Donation to Police Department for Cops & Kids Fishing Clinic Date: April 4, 2005 Introduction The Police Department has received a $200 donation from Saturn of St. Paul for the annual Cops & Kids Fishing Clinic, and City Council approval is required to accept this donation. Background For the past several years, the Maplewood Police Department, which provides police services in the City of Landfall, has held a one -day Cops & Kids Fishing Clinic for youth living in Landfall. This Fishing Clinic provides an opportunity for the children to interact with police officers in a positive way while they spend the morning fishing and then having lunch. Saturn of St. Paul has donated $200 to be used toward the Cops & Kids Fishing Clinic, and City Council approval is required for us to accept this donation. Budget Impact If approved, the appropriate budgetary adjustments need to be made to utilize this donation for the Cops & Kids Fishing Clinic. Recommendation It is recommended that the City Council approve the acceptance of this donation from Saturn of St. Paul. Action Required Submit to the City Council for review and action. DJT:js Agenda Item J1 MEMORANDUM TO: City Manager FROM: Tom Ekstrand. Senior Planner SUBJECT: Postponement of Conditional Use Permit Reviews PROJECT: Trout Land Auto Dealers LOCATION: New County Road D and Highway 61 DATE: March 30, 2005 INTRODUCTION The Ryan Companies have applied for conditional use permits (CUPS) for used auto sales and automobile service on two parcels in the Trout Land development between the future County Road D Extension and Highway 61. Refer to the attachments. On March 14, 2005, the city council considered these CUPS and, after considerable discussion, tabled this review until April 11. The council was not willing to approve these permits for development since the plans needed considerable revisions. Tabling was at the applicant's request to give them time to consider changes to their plans. Request Brian Teeters, of Ryan Companies, is requesting that the city council postpone this review for an indefinite period of time to enable them to explore plan revisions based on the comments received from the planning commission and the city council. Mr. Teeters, furthermore, waives their 60 -day review deadline rights under the state statute. Refer to the attached letter dated March 30, 2005. X61MIMlki1:1 W- ITAIPL1.1 February 23, 2005: The planning commission recommended approval of these permits, subject to the conditions recommended by staff. The planning commission further identified specific concerns of theirs regarding this project and required that the revised plans be submitted for their review and recommendation as well as that of the community design review board and city council. March 14, 2005: The city council tabled their review of the CUPS until April 11, 2005. Refer to the attached minutes. Q 6.18111 :9 [a]. Staff sees no reason not to table this review until the applicant is ready with plan revisions. RECOMMENDATION Table review of the Trout Land Automotive conditional use permit requests by Ryan Companies for an indefinite period of time to allow the applicant time to revise their plans and applications. p:sec4 \trout land autos postponement to Attachments: 1. Location /Zoning Map 2. Site /Landscaping Plan 3. Applicant's Letter of Postponement dated March 30, 2005 4. City Council Minutes of March 14, 2005 PROPOSED AUTO SALES LOTS LOCATION /ZONING MAP Rl I WAN - - -- - -------- - ----- - ---- OUTLAND Ni �j I o f ­Zz i 7. a) m QK I pr nux", ror W �_s:. ..... .. . . . �-A .......... M rn c M -- ' / f I N m 10T$ Z 0 rr 0 ;a "Tar rn M z M WTI ITI, V!, T, IMA. T 0.1 "1 TI,W V T, tD JAH 2 0 2005 fj"' "ifs "IfoIL) Attachment 3 Mr, Turn Ekstrand Sooner Community DovOinsourn, Discstor City of Maplewood l 1131 Bast County Road D Maplewood, MN 55109 Re; Troulland Auto Dealerships CUP Applications Dear Mr, Ekstrand: Repo Companies US, Inc. has an application before the City of Maplewood for two Conditional Use Permits for Ancamonva use m the Trouthind Development. Since this proposal is shil mica seedy and undergoing plan revisions based upon feedback from cor City Council, Planning Commission and City Staff, We wish to postpone out application review at the April 1 1, 2005 City Council Costing Sur an undetermined future meeting and-agree, to waive our 60-day rights; is, sis.--cified by Shrinecons, Statutes Section 15AA for our two Auto Dealership CUP Applicio ones, Thank you for year nssismvi-.- with this matter, I Attachment 4 Ordinance 860 Sectiorr, 30 -7 Unlawful disposal, location of containers for collection - portable on- demand storage units PODsl; disposal of inflammable or explosive materials. a Language that is underlined and bolded represents the proposed ordinance additions Seconded by Councilrnerrrber Juenemann K. NEW BUSINESS Schlomka Property Proposed Development, South of Carver Avenue at Henry Lane -- Concept Plan Review and Consider Request for Preparation of Environmental Assessment Worksheet a. City Manager Foreman presented the staff report, b, Public Works Director AN presented specifics from the report. c. Commissioner Trippler presented the Planning Commission Report Clark Whitland, Representing Rottlund Homes, expressed that they were not ready to present a Concept Plan Review to the council and requested to withdraw the request for the Environmental Assessment Worksheet at this time, Councilmember Koppen moved to aoce t Rottlund Homes re nest to table their request for an Environment Assessment Worksheet at this time. b, Perry Thorvig, Consultant Planner presented specifics from the report. C. Commissioner Trippler presented the Planning Commission Report Jim Kellison Representing Trout Land, Proposed Business Owners Steve Bloomer and Bryan Totters {representing Ryan Companies} addressed questions from the City Council, Councilmember Koppen moved to ado t a resolution app roving a conditional use ermit for a Seconded by Councilmember Juenemann Motion Denied Mayor Cardinal moved t reconsider. Seconded by Councilmember Rossbach Ayes - Councilmember Koppen and Juenemann Nays— Counctimersmber Rossbach and Mayor Cardinal Ayes -Mayor Cardinal, Councilmembers Juenemann and Koppen Nays - Councilmember Rossbach Councilmember Juenemann moved that council suspended this item and move to the next item so that the a li nt can recons his options. Seconded by Councilmember Koppen Applicant asked council to table this item until the April 11, 2005 City Council Meeting, Counci lmember Juenemann moved to table the items for Parcel 1 and Parcel 2 un til th April 11 2(}05 City Council Meeting. Seconded Councilmember Rossbach 3, a, b. c. Councilmember Rossbach re quire by code: CONDITIONAL RESOLUTION 05 -03 -025 Homes, applied for a conditional use permit t (PUCt), the west side of McMenemy Street, south amsey County, Minnesota. {PIN 18- 20 -22- WHEREAS, the 1. On February notice in the this conditional use permit is as 105, the planning commission held a and sent notices to the surrounding The city staff published a The planning Agenda Item K1 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: April 5, 2005 RE: Intoxicating Liquor License Introduction Carie Hemmingson has submitted an application for an intoxicating liquor license for the Buffalo Wild Wings located at 3085 White Bear Avenue North. Background Ms. Hemmingson has lived in Minnesota since infancy and currently resides in White Bear Lake. Ms. Hemmingson was transferred from her former position of general manager at the Roseville Buffalo Wild Wings to the same position at the new Maplewood restaurant In checking with the Roseville Police Department, the Roseville Buffalo Wild Wings has passed every alcohol compliance check while Ms. Hemmingson was the general manager. In fact, Lieutenant Mathwig, stated that they were excellent clients. Ms. Hemmingson's references were very complimentary of her, one stating that she was highly recommended as a liquor license holder. Deputy Chief Banick met personally with the applicant to discuss measures to eliminate sale of alcohol to underage persons, general security, retail crime related issues, and Maplewood liquor ordinances. As required by city ordinances, the necessary background investigation was completed by the Police Department on Ms. Hemmingson. In the course of the investigation, State criminal history files were checked along with contacts and warrants in the City of St. Paul, City of Roseville and Ramsey and Hennepin Counties. Recommendation The on -sale intoxicating liquor license is submitted for council approval. Agenda Item K2 1411MI Xa mI:1M[a]:L1ki I Bill M TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit and Design Review PROJECT: Ramsey County 800 MHz Antenna Facility LOCATION: Hillwood Drive and Sterling Street (645 Sterling Street South) DATE: March 22, 2005 INTRODUCTION Project Description Tim Mayasich, representing Ramsey County, is proposing to install a new 800 Mhz antenna facility at the existing water tower at 645 Sterling Street South. This proposal would include the addition of antennas to the top of the existing tower and a new prefabricated equipment building near the base of the water tower. Ramsey County would lease the property for the facility and use from the Saint Paul Regional Water Services (the owner of the site). Requests The applicant is requesting that the city approve: 1. A conditional use permit (CUP) for a public facility (the antennas and the related ground equipment). 2. The design and site plans. DISCUSSION It is staff's opinion that the county has done a good job in trying to address all the potential problems with the facility. City staff found no major issues or concerns about the proposal. INx8101MIMI:Iki U7e11111PL6y City staff is recommending that the city council approve the conditional use permit and the design plans for the proposal, subject to several conditions of approval. IMI:IM[a]:L1ki Bill MI TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit and Design Review PROJECT: Ramsey County 800 MHz Antenna Facility LOCATION: Hillwood Drive and Sterling Street (645 Sterling Street South) DATE: March 22, 2005 INTRODUCTION Project Description Tim Mayasich, representing Ramsey County, is proposing to install a new 800 Mhz antenna facility at the existing water tower at 645 Sterling Street South. This proposal would include the addition of antennas to the top of the existing tower and a new prefabricated equipment building near the base of the water tower. (Refer to the statement on page seven and the maps and plans on pages 8 - 18.) Ramsey County would lease the property for the facility and use from the Saint Paul Regional Water Services (the owner of the site). Requests The applicant is requesting that the city approve: 1. A conditional use permit (CUP) for a public facility (the antennas and the related ground equipment). 2. The design and site plans. DISCUSSION Conditional Use Permit Federal Law The 1996 Federal Telecommunications Act does not allow cities to prohibit the installation of telecommunications facilities and equipment. Because of this law, local governments may only regulate, but may not prevent, the installation of monopoles or other telecommunications facilities. As such, the city may only base their decision about this request (or any other similar request) on land use and on health, safety and welfare concerns. The Federal Communications Commission (FCC) licenses all telecommunications systems. This licensing requires that the proposed or new telecommunications equipment not interfere with existing communications or electronics equipment. If there is interference, then the FCC requires the telecommunications company to adjust or shut down the new equipment to correct the situation. Maplewood must be careful to not limit or prohibit this facility (or any other antenna site) because of electronic interference. That is up to the FCC to monitor and regulate. I have included a press release from July 2004 from the FCC (starting on page 25) and a summary of an FCC hearing from January 2005 (starting on page 29). These provide more information about the potential interference and the 800 MHz system. Several of the neighbors near this site expressed concerns about the new equipment interfering with electronic items in their homes. In response to their concerns, Commissioner Reinhardt had the county's radio consultant review the proposal and provide her with information about the possible interference issues. Commissioner Reinhardt summarized his findings in a letter that I have included on pages 23 and 24. The city council should approve this request as this project meets the criteria for a CUP. The proposed site design should be compatible with the adjacent houses and the existing tower. Much of the base area and the lower portion of the water tower would be screened by existing and proposed trees. The applicant is proposing to add trees to the southeast and northeast sides of the tower and existing driveway to help screen the base area from view from nearby homes. The county revised the original plans by adding more trees on the northeast side of the driveway (along the Hillwood Drive side of the site) to help screen the houses to the north and northeast of the tower. (See the plans on pages 11 and 12.) The site design, with the additional tree planting, would be compatible with the nearby homes. It is important for the city council, when reviewing this or similar applications, to balance the interests of the applicant, the property owner, the neighbors and the city as a whole. The proposed location maximizes the use of existing trees on the site and neighbors' properties to help screen the proposed equipment building from the homes on three sides of the site. In addition, the proposed location provides some screening of the site (especially the base area) from the south. The proposed site balances the interests of the water utility and Ramsey County in having an antenna facility on the site and the concerns of the neighbors who want the facility screened from their views. Design and Site Issues Site Plan. Drivewav and Access This proposed site design does a great job of fitting the new building on the property while considering the existing site conditions and limitations. The county had to consider several factors when picking the location for the equipment building on the site. These included the existing driveway, site topography and the pipelines on the west part of the property. In addition, there is a spillway at the base of the water tower and underground water and storm sewer pipes that they had to design around. All of these existing conditions led the county to propose the building location the city is now considering. (See the enlarged site plan on page 12.) The proposed building site maximizes the use of the existing driveway without a need to extend the bituminous. Also, the proposed plan minimizes the amount of site grading and ground disturbance while keeping the new building off the existing slopes and away from the pipelines, the spillway and the underground utilities. Access to the lease area and equipment building would be from the existing driveway that is on Hillwood Drive. The city should require the removal of any debris, sod replacement or restoration and general site clean up as conditions of this approval. Site Screening and Landscaping The existing landscaping and trees along the west side of Sterling Street will help to at least partially screen the base area. The applicant should preserve as much of this vegetation as W possible when installing the new equipment building. To help screen the base area of the site, the applicant is now proposing to add 24 Black Hills Spruce and Austrian Pines to the southeast and northeast sides of the equipment building and driveway. (See the plans on pages 11 and 12.) This is a revision to the earlier plan that only had 12 new trees on the site. This revised landscape and screening plan will do a better job of hiding the driveway and the base area of the proposed facility. Building Design As proposed, the equipment building for the facility would be a prefabricated structure 12 feet by 30 feet in size. It would be made of exposed aggregate with a faux block or brick exterior finish and would have a flat roof. (See the proposed building elevations on pages 16 through 18.) The final colors and materials of this building should be approved by city staff before the city issues a building permit for the project. Other Comments Lt. David Kvam of the Maplewood police department did not identify any public safety concerns with this request. David Fisher, the Maplewood Building Official, identified several matters that he will have the applicant and contractor address before the city will issue a building permit for this facility. (Please see his memo on page 19.) Chris Cavett, the Assistant City Engineer, noted no significant engineering issues with the proposal. He also noted that they may require a grading permit and an escrow before approving a building permit. COMMISSION ACTION On March 21, 2005, the planning commission recommended approval of the CUP and the project design plans for the proposed antenna facility. RECOMMENDATIONS A. Adopt the resolution on pages 33 and 34. This resolution approves a conditional use permit to allow Ramsey County to install an 800 MHz radio facility (antennas and equipment building) at the property at 645 Sterling Street South. This approval is for the property on the southwest corner of Sterling Street and Hillwood Drive. The city bases this approval on the findings required by the ordinance and is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction of the new antenna facility 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. 191 3. The city council shall review this permit in one year. 4. Any antenna or equipment that is not used for a year shall be deemed abandoned and the city may require the owner to remove it. 5. Ramsey County shall be responsible for the costs and implementation of any corrections or changes necessary because of interference or other problems caused by this facility. The county shall make any such corrections or changes in a timely manner. B. Approve the plans date - stamped February 4, 2005, and the revised site and landscaping plan dated March 22, 2005, for an antenna facility (including antennas and an equipment building) on the property at 645 Sterling Street South (on the southwest corner of Sterling Street and Hillwood Drive). Approval is based on the findings required by code and subject to the applicant doing the following: 1. Repeat this review in two years if the city has not issued permits for this project. 2. Before the city issues a building permit, city staff must approve the following: a. A certificate of survey for the project area that shows the proposed new construction, the location of the property lines and existing site features around the proposed lease area. b. A revised landscape and screening plan that: (1) Shows the preservation of as much of the existing vegetation as possible. (2) Shows the clean -up and the restoration of all turf areas with sod. c. A driveway, sidewalk, grading, drainage and erosion control plan for the project site. d. The plans for the equipment building that show the proposed exteriors with the designs, colors and materials. e. Project plans and specifications that meet all the requirements of the city building official. 3. Before getting a certificate of occupancy, the applicant shall remove and dispose of any debris and ensure that the site is cleaned up. 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 city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150% of the cost of the unfinished work. 5. All work shall follow the approved plans. The director of community development may approve minor changes. 51 A:1,&Wife]MIM1:1, III K I surveyed the owners of the 72 properties within 500 feet of this site. All five of the replies had comments or concerns about the proposal. In Favor None Objections None Comments /Concerns 1. See the comments in the e-mail from the Sahyuns of 2458 Hillwood Drive on page 20. 2. See the e-mail from Craig Beske of 2449 Hillwood Drive on page 21 for additional comments. 3. Also see the e-mail from the Yohnks of 2448 Hillwood Drive on page 22 for more concerns. 4. Would this affect my TV reception (rabbit ears) in any way? (Battey — 2461 Linwood Avenue) 5. Please provide additional landscaping around this facility — especially along Hillwood Drive (anonymous). REFERENCE INFORMATION SITE DESCRIPTION Site size: 59,242 square feet (1.36 acres) Existing land use: An existing water tower SURROUNDING LAND USES North: Houses across Hillwood Drive South: Houses across Sterling Street West: Vacant residential lot and houses on Hillwood Drive East: Houses across Sterling Street 5 5 PLANNING Land Use Plan designation: G (government) Zoning: R -1 (Single dwelling residential) Ordinance Requirements Section 44 -1092 (1) requires a CUP for any public facility in any location. Findings for CUP Approval Section 44 -1097 (a) states that the city council must base approval of a CUP on nine standards for approval. Refer to findings one through nine in the resolution on pages 33 and 34. Application Date The city received all the application materials for this request on February 4, 2005. State law would normally require the city to take action on this request by April 3, 2005. In this case, however, the applicant agreed to a time extension at the March 7, 2005, planning commission meeting. As such, the city will have to act on this request by April 11, 2005, unless the applicant agrees to another time extension. p:sec12- 28 /800mhz antenna - 2005 Attachments: 1. Applicant's Statement 2. County Location Map 3. Location Map 4. Area Map 5. Proposed Site Plan dated 3 -22 -05 6. Site Plan (Enlarged) dated 3 -22 -05 7. East Elevation 8. South Elevation 9. South Elevation (Enlarged) 10. Proposed Shelter Elevations 11. Proposed Shelter Elevations 12. Photo of Proposed Shelter 13. 2 -14 -05 memo from David Fisher 14. 2 -15 -05 e -mail Sahyuns 15. 2 -18 -05 e -mail from Craig Beske 16. 2 -18 -05 e -mail from Yohnks 17. Response letter dated 2 -25 -05 from Victoria Reinhardt 18. July 8, 2004 FCC press release 19. January 31, 2005 FCC 800 Mhz hearing summary 20. Conditional Use Permit Resolution 21. Project Plans (separate attachment) Attachment 1 11 11 l 113 1 1 111'il l �11;� !q The City of Maplewood will be a direct benefactor if the CUP for this project is approved. The City would be a partner on the Ramsey County 80OMHz Radio System, The Ramsey County system is a sub-system of the State 8001 system that allows all participating agencies the ability to communicate more efficiently during local, regional, state, or national emergencies. Ramsey County has issued $14.5 in general obligation bonds to fund the cost of the infrastructure and to subsidize the subscriber units (radios) associated with the BOOMHz system. Ramsey County is providing a subsidy of $1,995 for each municipal radio unit purchased. The City of Maplewood has notified Ramsey County that the City plans on purchasing 248 radio units. APPLICANT'S STATEMENT 7 Attachment 2 I IN MR I SITE ,x! " t \ v / Depmtmeat of lsu�JiC WrKS o I", o r LOCATION MAP Romsey County 800 0 Towers COUNTY LOCATION MAP 1.1 L f P g7St*ta Patrol To �ox � F+ -' v— i x �� MR017xv — v IRMS Auk 0MWRU& MR I SITE ,x! " t \ v / Depmtmeat of lsu�JiC WrKS o I", o r LOCATION MAP Romsey County 800 0 Towers COUNTY LOCATION MAP 1.1 Attachment 3 I I M w] e t4_ 5 1 T a63 Vista Hills Park 582 5 1 No i V ° 591 ✓ Z 61 5 2562 00 \x 3 y a66 F 5 '*.a OLt � 243:,..'`£. , 810 x 2469 245 =n 25x..1.;,: 2499 r$ 62 2'U 2A39 7+49 L °831 ° t v ry, t 2547"` s1,.5 2IP HILL.WOOD DRIVE 5 2- p SITE 55 t�51a X52 �t3 OgKRIO,�C7 2448 2458 24 8 2478 2488 2Viv � . 8 682 ss ?., ki �z " 2457 ,.4 2 -74 581 7 59'7 :1 4 2 r '- S1 w. :5 ,n 2541 h aA#,7''v: td ns �v n�} },� SPRING 244$ 91 6 682 243? ,241 y 65L ` ' .. - i: tU Y 7t,7a X22 2519 2536 Q ,. 244 24.52 tr 12 7 7- . } ' n ''x£ '18 718 `. LL�.. .. LINWOOD AVE � �i �y Ltr, 2142 p v ,,2441 a �248u 257° X588 2isia, ". 1475. t t � 10 4 N HILLWOOD DRIVE € s" q Alh P� f > � Alt �S . L+�',u .. H G.. § � Y gveM' ) ` y 1A g JU gt mM` V pt 5 j � 1 3 A x r• * H Y § RY no ps gi T 7 3 ARachment 6 HILLWOOD DRWE ------------ a SRI pMN.5l RIM doll V& A�— \� 00 A g9l W gag 1 -1 X T.L 1.0 1 ly J Q& L Low m " a Fs — j A'l t A Mal Qj— SITE PLAN (ENLARGED) I I N EAST ELEVATION Attachment 8 S EL OVA MN SOUTH ELEVATION Attachment 9 x�. - SOUTH ELEVATION (ENLARGED) PROPOSED SHELTER ELEVATIONS PROPOSED SHELTER ELEVATION'S 17 click to return home SAMPLE PHOTO OF PROPOSED SHELTER 18 9/29,12004 Attachment 13 February 14, 2005 To. Ken Roberts, Planner From: David Fisher, Building Official Re: Ramsey County 800 MHZ Antenna, Equipment & Shelter Building 7. All "Prefabricated Buildings" must meet the requirements of MSBC 1360, S. Provide a copy of the "Compliance Certificate and Data Plate" to the city for approval prior to installation. 9. Demonstrate all the requirements of the 1999 Minnesota State Energy Code, Chapter 7676, 10. Provide wind design and ice loads on plans 11. All stoops and landings must have approved frost footings, 12. Permits are required for building, electrical and mechanical. Inspection record cards shall be kept on job site for inspector sign off. 13 City-stamped copy of plans, permit and plan review must be kept on job site. 101 Attachment 14 2458 Hillwood Dr. Maplewood, MN 55119 February 15, 2005 Victoria A. Reinhardt Ramsey Courax Commissioner 220 Court House 15 W. Kellogg Blvd, St. Paul, NIN 55102 Dear Victoria, Electronic interference represents area] degradation of'quality of life in this digital ass. It may be expected to have a negative impact on property values, as oxll a home in which utilization of electronic techrolooy is compromised would be less attractive on the market. We want to know what safeguards and guarantees will be in place to prevent these consequences of operation of the antenna facility. In the absence of a convincing commitment on the part of the city and county to protect neighboring residents, not Just verbal assurances from those with a vested interest in the Plan . we must to) on record opposing this otherwise worthwhile plan. Please forward these comments to Tim Me ' xich and other appropriate individuals on the Ramsey C a omav staff involved in planning and implementation of the 800 MHz network. Sincerely, 'yIelville R. V. and Irene M, N, Sahvun .... ........ c K Roberts. City ol"Miple"ood OR Comments re: Ramsey County antenna on Maplewood Water tower Pase I of I Ken Roberts Attachment 15 Frown Beaks, Craig L. [Craig, L.Beske@state. mn.us] Sent: Friday, February 18, 2005 12:36 PM To: Ken Roberts Cc: bdevinsl@fairview.org: d-cvohnk@corTowsi.net: ebeske@na8OO.net Subject: Comments re Ramsey County antenna on Maplewood Water tower We received the neighborhood survey regarding the addition of antennas and a utility building to the water tower site at 645 Sterling Ave. ow are not impressed with either the styling of the utility building or it's proposed location It looks like a crypt in the pictures, Also — the site drawings show the building on the east side of the tower, which rrowns it will be quite visible. We suggest it be put in the southwest corner of the site, where it would be hidden from public view by the hill that the water tower sits on. The landscaping would then need to be revised appropriately, too. We can be reached via mail at Craig SeskeiSarb Devins 2449 Millwood Dr E Maplewood, MN 55119 Cr via small at: Thank you for island our concerns forward. Craig Beefs 2/18/200 21 Pace I of I Ken Roberts Attachment 16 Ken This small is in response to your request for comments regarding the proposed installation of an 800 MHz antenna at 645 Staring Street So in Maplewood. After reviewing your proposal, we are concerned with the aesthetics of the entire project. We believe that the plan as it exists, especially the proposed shelter! utility building would not Wend into the neighborhood very wall. Also, the additional towers would certainly not be a very appealing addition to the neighborhood. Additionally, I think that this type of construction would have a negative impact on property values in our neighborhood. Thank you for your consideration Of Our concerns. smsebfly, David and Cathy Yonne 2448 Hi0sood Dr Maplewood, Mid 55119 22 7� CHAIR BOARD OF RAMSEY COUNTY COMMISSIONERS DISTRICT7 DARREN E TOBOLT AQI�IAV - 1 (� \ IMN U February 25, 2005 Melville R. V. and Irene M.N, Sahyun 2458 Hillwood Drive Maplewood, MN 55119 Dear Mel and Irene: Attachment 17 22�) U: N ,� - 11 - 1 i6i])26b NI FAX —S(YIA 6,,DZ66 Thank you for talking with me about this issue and forwarding me a letter expressing your concerns about the 800 MHz Project's equipment uipment planned to be added to the South Maplewood water tower. This letter is in response. I appreciate your recognition of the value of the project and acknowledge your concerns. As requested in your letter, I have also forwarded your comments to Project Staff, I asked Ron Vegemast, the Project's Engineering Consultant, to address your questions. He has worked on several 800 MHz projects and has a great deal at experience in this area. Mr. Vegemast sent me a technical memo explaining his assessment of the potential for interference and environmental impact, Mr. Vegemast has said that there are 39 base radio station locations already in use in the nine county metro area. To his knowledge there has not been any interference to electrical equipment in an area surrounding any of the base radio station locations. If a case of interference would occur, the County would work to resolve the problem. than the cell phone, or cordless phones while in use. Minnesota's First Home Rule County Mr. Vegemast also reported that the FCC ties establ:sned rules for the levei of intensity of radio signal strength. This standard is set at 2. level that does not raise body temperature any measurable amount. Cell phones and cordless phones are lower than the FCC standard, The signal strength of the 800 MHz Project's equipment at street level is lower Melville R. V. and Irene M.N. Sahyun February 25, 2005 Page 2 The design, installation, placarding, operation and maintenance of the Ramsey County radio equipment at the south Maplewood water tank will comply with all FCC, EPA, OSHA and State of Minnesota requirements, If you have further concerns, please feel free to contact me, Victoria A. Reinhardt Chair Commissioner, District 7 Q1 Attachment 18 News media mfDmmfiDn 202f418-0560 TTY 202 f4lfl-25515 Fax-On-Demand 2021418-2830 Interest Mtp:flwwwlcc.gov ftpfws gov BandRee-onfiguriddon and Fula anced Rest laraclices Are Kej' Elements 25 As it result, the Conrmissron determined that reliance on these voluntar ' v measures alone was insufficient and thus initiated it rulernaking proceeding to dei etop the efl'active solution it adopted today, We rev ion, will authorize disbursement of farads for band reconfiguration based on requests for payment by affected parties and resolve funding disputes. In the event of a material change in Nextal's financial situation, the Commission concluded that the Transition Administrator %vould be empenvered to take control of the guaranteed Funds and cornplete the band reconfiguration, The Commission determined that this approach provides significant public interest benefits by quickly resole ing the interference problem which reduces operation costs to public safety and commercial providers, creating more spectrum and increased flexibility for public safety licensees, and accelerating band-clearing at 1 9 GHz- all of'which demonstrate fillpioN od spectrurn management over this issue and result in more effective protection of life and satisfy for both emergency responders and the public. The Commission recognized that, while it is essential to act PrOmPtIN in light of the vit public safer, interest served by this dricismn, die parties bar a raised novel issues regardint appropriations law, and the U.S. Comptroller General has agreed to review those issues, The Commission stated that, should the Comptroller General unambiguously conclude that are Commission's plan violates the appropriations statutes. the Commission will address - either on its own motion or air that oftricivnils parties - whether it is appropriate to stay the erl'set of sornle aspects of the plan pendi ag a final decision by the Court of Appeals on any application for on reo, Historical documents in and i skilled to this procession may be I'Muld at l Action to the Commission, July 8, 2004, by Report Lord Ordel% 1"Ourth Rcooev aml Ch der. "Mrsioneafivat O and Oi-dior, and Order (FCC 04-168) Chairman PorwILCorrunissioners Abernathy, Copps, rvlarlin. and Adelstein. Separate statements issued lty Chairman Pooell, Commissioners AbLamphy, Copps, and Adelstein, VVI'Docket No, 02-55 ET Docket No 00-258- RM-9498 RM- [0024, ET Docket No. 1)5 -18; Ed Docket No. 41 -185 For further information, contact Roberto MUssenden or Brian Marenco, Wireless Telecommuni Bureaul]"uhlic Safety & Critical Infrastructure Division at (2 418-0680. For further information regarding Broadcast Auxiliary Service or Unlicensed PCS relocation issues- contact Jamison Prime or Prize Shritevasom, 6flfice of Engineering and Technology at (2 418-2472. Nee, a I vol it ille Fedevl I O-WINs I I Lill I I 1 11S COIMM%.1011 eW at ll be t, Ill ild on tile ill ��hqli "RO) 'ie 27 Attachment 19 REGIONAL PRIORITIZATION PLAN OF THE 800 Mile TRANSITION ADMINISTRATOR TOP 800 M"z TRANSITION ADMINISTRATOR Breit S. linen Robert B. Kelk Daniel M Hand Douglas L, Rovich B--aiin lnc. Squire. Sanders & Doinixey LL P, 1676 International Drive 1201 Penursv k ania Avenue. `~l. W McLean. VA 22102-4828 P,0, Box 40 1703 747-3000 Washington- DC 200-44-0407 (202) 626-6600 Januan 31, 2005 OZ.] SUMMARY co KIi7 31 Attachment 20 X61kiI 7 I III [a]ki /eR1by:9:24N ��I1119:7 *Y6AIjI[a]ki I WHEREAS, Mr. Tim Mayasich, representing Ramsey County, applied for a conditional use permit to install a new 800 MHz antenna facility at the existing water tower at 645 Sterling Street South. WHEREAS, this permit applies to the property on the southwest corner of Sterling Street and Hillwood Drive. The legal description is: Outlot B, Beth Heights First Addition, according the recorded plat in Section 12, Township 28, Range 22 in Ramsey County, Minnesota. (PIN 12- 28 -22 -43 -0012) WHEREAS, the history of this conditional use permit is as follows: On March 7, 2005, the planning commission held a public hearing. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. At this meeting, at the request of the applicant, the planning commission tabled action on the request until their meeting on March 21, 2005. 2. On March 21, 2005, the planning commission continued the public hearing for this request. City staff sent notices about the continued hearing to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. At this meeting, the planning commission recommended that the city council approve this permit. 3. April 11, 2005, 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: 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 runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create 7 K3rtl traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction of the new antenna facility 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. Any antenna or equipment that is not used for a year shall be deemed abandoned and the city may require the owner to remove it. 5. Ramsey County shall be responsible for the costs and implementation of any corrections or changes necessary because of interference or other problems caused by this facility. The county shall make any such corrections or changes in a timely manner. The Maplewood City Council approved this resolution on 2005. 26 33 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, MARCH 21, 2005 CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Chairperson Lorraine Fischer Present Commissioner Eric Ahlness Present Commissioner Jeff Bartol Present Vice - Chairperson Tushar Desai Present Commissioner Mary Dierich Present Commissioner Michael Grover Present Commissioner Daniel Lee Present Commissioner Gary Pearson Absent Commissioner Dale Trippler Present Staff Present: Ken Roberts Planner Lisa Kroll Recording Secretary V. PUBLIC HEARING Ramsey County 800 MHz Antenna Facility (645 Sterling Street South) (7:05 -7:45 pm) Mr. Roberts said Mr. Tim Mayasich, representing Ramsey County, is proposing to install a new 800 MHz antenna facility at the existing water tower at 645 Sterling Street South. This proposal would include the addition of antennas to the top of the existing tower and a new prefabricated equipment building near the base of the water tower. Ramsey County would lease the property for the facility and use from the Saint Paul Regional Water Services (the owner of the site). This item was tabled at the last planning commission meeting on March 7, 2005, this was so the applicant could have another representative from Ramsey County address the commission's questions that were raised and two representatives are present this evening to answer the commission's questions. The planning commission had requested additional trees be added to the site to screen the building. The applicant added more trees to the landscaping plan on the northeast side of the tower. Mr. Roberts said Commissioner Ahlness found a news release which he sent to staff regarding the FCC and potential interference problems faced by 800 MHz public safety radio systems. Staff has given this information to planning commission members along with a colored map of the United States frequency allocation radio spectrum. Mr. Roberts said staff recommends approval of the CUP for a public facility (the antennas and the related ground equipment) along with the design and site plans (which would normally be reviewed by the CDRB). However, staff is asking the planning commission to review the design and site plans tonight. Chairperson Fischer asked the applicant to address the commission. Planning Commission -2- Minutes of 03 -21 -05 Mr. Paul Kirkwold, Project Manager for the 800 MHz Antenna Facility, addressed the commission. His role in this project is to facilitate the construction of the infrastructure, get it operating and then turn it over to Ramsey County. The 800 MHz system is not just a Ramsey County system but it's an integrated county system that would be used by every public safety agency in Ramsey County including Maplewood police and fire departments as well as the Ramsey County Court House. The need for a tower in South Maplewood was determined because of the necessity to have adequate radio frequencies across all spectrums of the county. The terrain is very hilly and it's difficult to get radio signals into some of those areas from antennas located a long distance away. Commissioner Trippler asked what the building would be made of. Mr. Kirkwold said the building is prefabricated with an exterior aggregate finish which could be altered within the economics they have. Mr. Scott Williams, Radio Systems Manager, Ramsey County, addressed the commission. He would be the on -going manager of this 800 MHz system once it's constructed. He comes to Ramsey County after running the system in Hennepin County for three years. He is here to answer the interference issues that were raised at the last planning commission meeting. Mr. Williams said harmonics are a multiple of the frequency that you intend to operate on which is sort of like an echo. 800 MHz may produce an echo of 1.86 megahertz. A poorly manufactured piece of equipment and poorly designed equipment can generate harmonics or echoes which can cause interference with other services. Mr. Williams said the way the industry deals with interference is through aggressive filtering. These filters look like long metallic cylinders which direct the RF energy through these cavities. The filters are designed to resonate the energy that you want. This is your license frequency and will pass through the filter. Other signals won't pass through the chamber and will dissipate as heat. That is basically how they control the emissions so they only broadcast from their own frequency. Throughout the region there are 39 antenna sites which are operated by MnDOT and Hennepin County. In his three years working with Hennepin County he doesn't recall any complaints regarding interference. Many of these antenna sites are located in populated single - family neighborhoods. Commissioner Bartol asked if there was some type of maintenance that had to be done on these systems. Mr. Williams said a regular preventive maintenance program has to be done and these sites are visited multiple times a year. If there are any problems with interference they are required by the FCC to correct the problem. They also post their phone number on the outside of the building for people to call with complaints as well. Commissioner Trippler asked what the difference was between this tower and towers like KSTP where he picks the radio station up on his telephone at home. Mr. Williams said the difference between this kind of tower and KSTP's tower is this tower uses a much lower wattage compared to KSTP that uses wattage in the thousands which can be overwhelming and can interfere with other systems. Chairperson Fischer said if anyone in the audience wanted to speak regarding this item to come forward and address the commission. Planning Commission -3- Minutes of 03 -21 -05 Mr. Tom Loven, 589 Sterling Street, Maplewood, addressed the commission. Mr. Loven said he lives about 600 feet from the proposed site. He has concerns regarding the location of the building on the site and feels the building could be moved further south so it would be more neighborhood friendly. There may be other reasons why this building is proposed to be positioned in this location. He heard the assurance that there aren't going to be interference problems, but what about in the future. He asked if there was a possibility for future problems if it could be written in the conditional use permit who would be responsible to take care of improvements and problems. This would help the neighbors understand who to go to in the future if problems occur. Mr. Roberts believed the building was put in that location because it's very flat in that location, which means very little grading would have to be done. The driveway wouldn't have to be extended any further, and would only require a sidewalk. By moving the building, you would be getting close to the pipelines and a spillway located there which is there in case of overflow if the water tower ever had to dump water. Because of these things, Ramsey County thought this would be the best location to minimize the other factors. Mr. Roberts said with the landscaping that is going to be planted the building would be shielded anyway. The fact is the water tower is still there and can't be shielded no matter where you locate the building. The landscape will help hide the building but the water tower still sticks out. If Ramsey County were to make any changes or alterations Ramsey County would have to come before the city for approval. Chairperson Fischer said if there were any problems number 5 is a condition listed in the staff report and should cover any future problems. Mr. Roberts said if there were any problems, with Ramsey County taking care of issues that arise with this site the city could revoke the conditional use permit. Commissioner Ahlness said to help reassure the neighbors, the previous licensee of this site was Nextel, and Nextel has worked extensively in the metropolitan area for a number of years with the 800 MHz system and if the neighbors haven't experienced problems with Nextel, they probably won't with Ramsey County either since it will be a similar type of use. This is a broad system being implemented nationwide. The Government bought out the frequency Nextel was on and moved Nextel to a different frequency in order to free this frequency up for this public service use. Besides the public good that is coming from this use along with Ramsey County working with the public on this, it should be good for everyone. Mr. John Ryan, 593 Sterling Street, Maplewood, addressed the commission. He lives next door to Tom Loven and has questions regarding how tall this building is going to be and if they are going to use footings. Mr. Kirkwold said the building will have footings and the structure would be set on top. The structure will be hauled in on a truck. The building is about 9' /z feet tall and the landscaping will be about 8 feet tall at the time of planting, so the majority of the structure will be covered. Basically you will see the water tower and a small portion of the building surrounded by 8- foot -tall trees. Mr. Ryan said he would like the commission to consider requiring Ramsey County to move the building further out of view. Planning Commission -4- Minutes of 03 -21 -05 Mr. Loven said if the building was moved further to the south, Ramsey County could save money on landscaping and it would be more neighborhood - friendly. Commissioner Trippler moved to adopt the resolution on pages 25 and 26 of the staff report. This resolution approves a conditional use permit to allow Ramsey County to install an 800 MHz radio facility (antennas and equipment building) at the property at 645 Sterling Street South. This approval is for the property on the southwest corner of Sterling Street and Hillwood Drive. The city bases this approval on the findings required by the ordinance and is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction of the new antenna facility 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. Any antenna or equipment that is not used for a year shall be deemed abandoned and the city may require the owner to remove it. 5. Ramsey County shall be responsible for the costs and implementation of any corrections or changes necessary because of interference or other problems caused by this facility. The county shall make any such corrections or changes in a timely manner. Commissioner Trippler moved to approve the plans date - stamped February 4, 2005, and the revised site and landscaping plan dated March 11, 2005, for an antenna facility (including antennas and an equipment building) on the property at 645 Sterling Street South (on the southwest corner of Sterling Street and Hillwood Drive). Approval is based on the findings required by code and subject to the applicant doing the following: 1. Repeat this review in two years if the city has not issued permits for this project. 2. Before the city issues a building permit, city staff must approve the following: a. A certificate of survey for the project area that shows the proposed new construction, the location of the property lines and existing site features around the proposed lease area. b. A revised landscape and screening plan that: (1) Shows the preservation of as much of the existing vegetation as possible. (2) Shows the clean -up and the restoration of all turf areas with sod. C. A driveway, sidewalk, grading, drainage and erosion control plan for the project site. d. The plans for the equipment building that show the proposed exteriors with the designs, colors and materials. Planning Commission -5- Minutes of 03 -21 -05 e. Project plans and specifications that meet all the requirements of the city building official 3. Before getting a certificate of occupancy, the applicant shall remove and dispose of any debris and ensure that the site is cleaned up. 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 city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150% of the cost of the unfinished work. 5. All work shall follow the approved plans. The director of community development may approve minor changes. Commissioner Bartol seconded. Ayes — Ahlness, Bartol, Desai, Dierich, Fischer, Grover, Lee, Trippler Commissioner Grover recommended that Ramsey County check into the possibility of repositioning the building as per the two Maplewood residents' requests. Mr. Kirkwold said Ramsey County would check into the possibility of repositioning the building; however, without knowing what is underground as far as piping, there are no guarantees the building could go in another location other than where it is shown on the plans. There is the possibility of higher costs that could come into play if additional grading had to be done and if the driveway had to be added on to. They would work with city staff regarding this issue. The motion passed. This item goes to the city council on April 11, 2005. AGENDA REPORT Agenda Item K3 TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: County Road D Improvements (TH 61 to Southlawn), City Project 02 -07 — Approve Property Acquisition Agreement with Northern States Power Company (dba Xcel Energy) DATE: April 4, 2005 Introduction On June 28, 2004, the city council awarded the construction contract for the realignment of County Road D on the east side of Trunk Highway 61 to Southlawn Drive. Final approval of the acquisition agreement is required to proceed with the construction. It is recommended that the city council approve an agreement with Xcel Energy for property acquisition for this project. Background On December 9, 2002, the city council approved a resolution to proceed with a project to realign County Road D from Hazelwood Street to TH 61. On May 12, 2003, the city council selected a final alignment for the new roadway and authorized preparation of a preliminary report on the improvement. Following a public hearing on September 8, 2003, the city council approved the realignment of County Road D between TH 61 and Southlawn Drive. The city council approved the first phase of construction with the award of bid on November 10, 2003, for soil correction and wetland creation. On June 28, 2004, the city council awarded the final contract for the roadway improvements for the roadway realignment project. The final alignment required the acquisition of property from the southeastern portion of the Xcel Energy substation. That agreement has been completed and a copy attached. The value of the land was appraised at a range of $220,000 to $400,000. The final acquisition cost is $285,000 as listed within the attached agreement. Only a portion of the property will remain as right of way, with the remainder to be sold as an option to Countryview Golf as part of their development consideration. The value of the resale is $242,320. Countryview has not exercised their option at this time and has until August 2005 to close on the property. Approval of the attached agreement is recommended. Budget Impact The $285,000 expense is consistent with the amount paid for other easements on this project. The total easement costs for this project have exceeded estimates, as property in this project area has increased rapidly in value beyond expectations this past year. The bids for this project were very favorable and resulted in a $1,000,000 savings, although changes in construction have required increased construction expenses. At this time, it appears that additional funds will be needed to complete this project. Staff is updating all costs for projects in the area and will provide the council a summary at a future meeting. RECOMMENDATION It is recommended that the city council approve the acquisition agreement with Northern States Power Company (dba Xcel Energy) for the County Road D Realignment Project (TH 61 to Southlawn Drive) at a total payment of $285,000. Attachments: 1. Acquisition Agreement 2. Location Map (Colored maps will be provided to the Council and City Manager.) PURCHASE AGREEMENT This PURCHASE AGREEMENT ( "Agreement') is made as of the day of 2004, by and between Northern States Power Company, a Minnesota corporation, with an address of 414 Nicollet Mall, Mezzanine, Minneapolis, Minnesota 55401 ( "Seller "), and the City of Maplewood, a political subdivision of the State of Minnesota, with an address of ( "Purchaser "). Purchaser desires to purchase certain property owned by Seller, and Seller desires to sell such property to Purchaser pursuant to the terms and conditions set forth in this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Purchaser agree as follows: Article 1. Definitions. The following terms shall have the meanings set forth below: 1.1 Agreement This Agreement, including the following exhibits attached hereto and hereby made a part hereof: Exhibit A Legal Description of Land Exhibit B Permitted Exceptions Exhibit C Property Access Agreement 1.2 Closine Concurrently, the transfer of title to the Property to Purchaser, the payment to Seller of the Purchase Price, and the performance by each party of the other obligations on its part then to be performed, all in accordance with the article entitled "Closing". 1.3 Closing Date The Closing shall occur on 2005. The Closing shall be held at 10:00 a.m. on the Closing Date at the offices of Title Company or at such other place, date and time as Seller and Purchaser may agree. 1.4 Commitment The title insurance commitment with respect to the Real Property described in Section entitled "Title Evidence ". 1.5 Earnest Money. The earnest money deposit, together with any interest earned thereon, made by Purchaser and held by Title Company described in Section entitled "Purchase Price ". 1.6 Feasibility Period. The time period commencing on the Effective Date and ending on the date which is 30 days after the Effective Date. 1.7 Improvements All buildings, structures, fixtures and improvements located on the Land, if any, excepting therefrom Seller's equipment, structures or fixtures used in Seller's normal course of business. 1.8 Land The real property in the City of Maplewood, County of Ramsey, State of Minnesota, said real property being legally described on Exhibit A together with all appurtenances thereto. 1.9 Property. The Real Property. 1.10 Purchase Price The purchase price for the Property described in Article 3. 1.11 Real Property The Land and the Improvements, if any, collectively. 1.12 Survey The survey of the Real Property described in Section entitled "Title Evidence ". 1.13 Title Company Capital Title Corporation, 1210 West County Road E, Arden Hills, Minnesota 55112 1.14 Title Evidence The title commitment and copies of exceptions with respect to the Property described in Section entitled "Title Evidence ". 1.15 Title Policy The Owner's Policy of Title Insurance to be issued pursuant to the Title Commitment, obtained as part of the Title Evidence. Article 2. Purchase and Sale. Seller hereby agrees to sell, and Purchaser hereby agrees to purchase, upon and subject to the terms and conditions hereinafter set forth, the Property. Article 3. Purchase Price. 3.1 Amount Purchaser shall pay to Seller as and for the Purchase Price for the Property the sum of Two Hundred Eight Five Thousand Dollars ($285,000.00). 3.2 Manner of Pam The Purchase Price shall be payable as follows: 3.2.1 Twenty Five Thousand Dollars ($25,000) as Earnest Money, to be deposited by Purchaser in escrow with Title Company contemporaneously with the mutual execution and delivery of this Agreement and held and disbursed pursuant to the terms of this Agreement. The Earnest Money shall be non - refundable to Purchaser except as provided in Sections entitled "Correction of Title ", "Feasibility Period ", "Condemnation ", and "Default". The Earnest Money shall be paid by the Title Company to Seller at Closing, or upon any termination of this Agreement except as provided in this Section. The Earnest Money will be credited against the Purchase Price at Closing. Purchaser acknowledges that the non- 2 refundable character of the Earnest Money is to compensate Seller for its costs incurred in connection with this Agreement and its lost opportunity costs in taking the Property off the market. 3.2.2 The balance of the Purchase Price in cash or by certified or cashier's check or wire transfer of immediately available funds on the Closing Date. Article 4. Closing. 4.1 Seller's Closing Documents At Closing, subject to delivery by Purchaser of the Purchase Price and performance of its other obligations under this Agreement, Seller shall execute, acknowledge (where appropriate), and deliver to Purchaser the following, each dated as of the Closing Date: 4.1.1 A limited warranty deed conveying to Purchaser the Real Property, subject only to Permitted Exceptions (the "Deed "). 4.1.2 An affidavit of Seller regarding liens, judgments, tax liens, bankruptcies, parties in possession, mechanics' or materialmens' liens and other matters affecting title to the Real Property in customary form as may be reasonably required by Title Company to delete the so- called "standard exceptions" from the Title Policy. 4.1.3 All reasonable and customary documents and instruments which (a) Purchaser or Title Company may reasonably determine are necessary to transfer the Property to Purchaser subject only to the Permitted Exceptions, (b) Purchaser or Title Company may reasonably determine are necessary to evidence the authority of Seller to enter into and perform this Agreement and the documents and instruments required to be executed and delivered by Seller pursuant to this Agreement, (c) Title Company may require as a condition to issuing the Title Policy or (d) may be required of Seller under applicable law. 4.1.4 A settlement statement consistent with this Agreement. 4.2 Purchaser's Closing Deliveries At Closing, Purchaser shall cause the following to be delivered to Seller: 4.2.1 The Purchase Price less the Earnest Money, as adjusted pursuant to Section entitled "Closing Adjustments ", by cashier's check or by federal wire transfer of immediately available funds. The Earnest Money shall be applied to and credited against the Purchase Price and shall be disbursed to Seller by Title Company at Closing. 4.2.2 All normal and customary documents and instruments, each executed and acknowledged (where appropriate) by Purchaser, which (a) Seller or Title Company may reasonably determine are necessary to evidence the authority of Purchaser to enter into and perform this Agreement and the documents and instruments required to be executed and delivered by Purchaser pursuant to this Agreement, or (b) may be required of Purchaser under applicable law. 4.2.3 A settlement statement consistent with this Agreement executed by Purchaser. 4.3 Closing Escrow Purchaser and/or Seller at their option may deposit the respective Closing deliveries described in the Sections entitled "Seller's Closing Deliveries" and "Purchaser's Closing Deliveries" with Title Company with appropriate instructions for recording and disbursement consistent with this Agreement. 4.4 Closing Adjustments The following adjustments shall be made at Closing: 4.4.1 Seller shall pay when due all real property taxes for the Property imposed for the period up to and including the date of Closing, and Purchaser shall be responsible for any real property taxes for the Property imposed after Closing. In the event Purchaser receives a tax bill for the Property for some or all taxes due from Seller pursuant to this Agreement, Seller shall remit the full amount of taxes due to Purchaser within twenty (20) days following its receipt of the tax bill. In the event Seller receives a tax bill for the Property for some or all taxes due from Purchaser pursuant to this Agreement, Purchaser shall remit the full amount of taxes due to Seller within twenty (20) days following its receipt of the tax bill 4.4.2 Personal property taxes applicable to any of the Personal Property due and payable in the year of Closing shall be prorated between Seller and Purchaser on a daily basis as of the Closing Date based upon a calendar fiscal year, with Seller paying those allocable to the period prior to the Closing Date and Purchaser being responsible for those allocable subsequent thereto 4.4.3 Seller shall pay in full all special assessments, which are due, and payable prior to the Closing shall be paid by Seller. Any other special assessments (and charges in the nature of or in lieu of such assessments) levied, pending or constituting a lien with respect to any of the Real Property shall be prorated as of the Closing Date, with Seller paying those allocable to the period prior to the Closing Date and Purchaser being responsible for those allocable subsequent thereto 4.4.4 Purchaser shall pay all sales tax due regarding this transaction. 4.4.5 Purchaser shall pay the documentary fee required in connection with the recording of the Deed. 4.4.6 Seller shall pay the cost of recording any documents necessary to place record title to the Property in Seller in the condition required pursuant to the Section entitled "Correction of Title ". Purchaser will pay the cost of recording all other documents, including the Deed. 4.4.7 Purchaser will pay the premium for the Title Policy and the cost of any lender's title insurance, and any endorsements desired by Purchaser or required by its lender. H! 4.4.8 Purchaser shall pay any escrow fee and/or Closing fee payable to Title Company with respect to the transaction contemplated by this Agreement. 4.4.9 The charges for any utility expenses, including water, fuel, gas, electricity, telephone, sewer, trash removal, heat and other services furnished to or provided for the Property shall be prorated between Seller and Purchaser on a daily basis as of the Closing Date, with Seller paying those allocable to the period prior to the Closing Date and Purchaser being responsible for those allocable subsequent thereto. Seller agrees to have all meters with respect to any such utilities read as of the Closing Date and Purchaser agrees to transfer any meters located on the Property to Purchaser effective as of the Closing Date. 4.4. 10 Except as provided in the Article entitled "Default", Seller and Purchaser shall each pay its own attorneys' fees incurred in connection with this transaction. If any of the amounts allocated under this Section cannot be calculated with complete precision at Closing because the amount or amounts of one or more items included in such calculation are not then known, then such calculation shall be made on the basis of the reasonable estimates of Seller and Purchaser, subject to prompt adjustment (by additional payment or refund, as necessary) when the amount of any such item or items become known. 4.5 Possession Seller shall deliver possession of the Property to Purchaser on the Closing Date, subject to the Permitted Exceptions. Article 5. Title Examination 5.1 Title Evidence Purchaser, at its sole cost and expense, shall have the option to obtain the following: 5.1.1 a commitment to insure title to the Real Property issued by Title Company in an amount equal to the Purchase Price and copies of all documents, instruments and matters shown as exceptions which are recorded in the office of the clerk and recorder of the county in which the Real Property is located. 5.1.1 A current survey of the Real Property prepared and certified by a land surveyor licensed in Minnesota. The survey shall (a) conform to the "Minimum Standard Detail Requirements for Land Title Surveys" as adopted in 1992 by the American Land Title Association and the American Congress on Surveying & Mapping, and (b) contain a certification to Purchaser, Title Company and/or lender designated by Purchaser, if any. 5.2 Purchaser's Objections and Requirements Purchaser shall be allowed ten (10) days after delivery of the last of the Title Evidence for examination thereof and making any objections to the form and/or content of the same. Any objections not made within said ten (10) day period shall be deemed to be waived by Purchaser and shall be Permitted Exceptions, along with the items set forth on Exhibit B attached hereto. Purchaser shall have an additional five (5) day period in which to object to any revisions or endorsements to the Title Evidence as may be issued from time to time. 5.3 Correction of Title Seller shall be allowed until Closing to cure Purchaser's title objections but will be under no obligation to do so. If such cure is not completed prior to the Closing Date, Purchaser shall have the option to do any of the following: 5.3.1 Terminate this Agreement. 5.3.2 Waive its objection(s) and proceed to Closing. Article 6. Representations and Warranties. 6.1 Seller's Representations and Warranties Seller represents and warrants to Purchaser as of the date of this Agreement as follows: 6.1.1 Seller has not entered into any contracts for the sale of any of the Property other than this Agreement. Seller has received no notice of and has no knowledge of any rights of first refusal or first offer, options to purchase any of the Property or any other rights or agreements, which may delay or prevent this transaction. 6.1.2 Seller has received no notice of and has no knowledge of any pending or proposed special assessments affecting the Property or any proposed or pending public improvements which may give rise to any special assessments affecting the Property. 6.1.3 Seller has received no notice of and has no knowledge of any pending or threatened condemnation or transfer in lieu thereof affecting any of the Property, nor has Seller agreed or committed to dedicate any of the Property. 6.1.4 There is no pending, or to the best of Seller's knowledge, threatened or contemplated, litigation, investigation, arbitration, condemnation or other proceedings of any kind affecting the Seller or any of the Property. 6.1.5 To Seller's knowledge, without investigation, there is no condition existing with respect to the Property or the operation thereof by Seller, or any part thereof, which violates any law, rule, regulation, ordinance, code, other, decree or ruling of any city, county, state or federal government, agency or court. Seller has not received notice from any governmental or quasi - governmental agency requiring the correction of any condition with respect to the Property, or any part thereof. Seller has not received notice of, and has no other knowledge or information of, any pending or contemplated litigation or condemnation action with respect to the Property, or any part thereof. 6.1.6 Seller has been incorporated under, and in good standing under, the laws of the State of Minnesota, and has the requisite power and authority to enter into and perform this Agreement and the documents and instruments required to be executed and delivered by Seller pursuant hereto. Execution, delivery and performance of this Agreement and the documents and instruments required to be executed and delivered by Seller pursuant hereto does and will not conflict with or result in a violation of Seller's articles of 6 incorporation or by -laws or any judgment, order or decree of any court or arbiter to which Seller is a party, or any agreement to which Seller and/or any of the Property is bound or subject. 6.1.7 Seller has not (i) made a general assignment for the benefit of creditors, (ii) filed any involuntary petition in bankruptcy or suffered the filing of any involuntary petition by Seller's creditors, (iii) suffered the appointment of a receiver to take possession of all or substantially all of Seller's assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Seller's assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of settlement, extension or composition to its creditors generally. Notwithstanding the foregoing provisions of this Section entitled "Seller's Representations and Warranties ". Seller will not be deemed to be in breach of this Agreement with respect to facts or conditions, which are the subject of the foregoing representations, which are disclosed to, or discovered by, Purchaser prior to the expiration of the Feasibility Period. Further, notwithstanding anything to the contrary herein, the liability of Seller hereunder, if any, shall be limited to the Purchase Price of the Property. Subject to the foregoing, Seller's representations and warranties shall survive Closing, provided Seller shall have no liability with respect to any breach of a particular representation and warranty if Purchaser shall fail to (a) notify Seller thereof within a reasonable time after discovery thereof, or (b) commence an action against Seller with respect to the breach in question within six (6) months after Closing. Wherever herein a representation is made based upon the knowledge of, or notice to, Seller, such knowledge or notice, is limited to the actual knowledge of, or notice received by Gina L. Bulloch, Director Corporate Real Estate, Xcel Energy Services, Inc. 6.2 Purchaser's Representations and Warranties Purchaser represents and warrants to Seller as of the date of this Agreement as follows: 6.2.1 Purchaser has been duly incorporated under the laws of the State of Minnesota and is in good standing under the laws of the jurisdiction in which the Property is located, is duly qualified to transact business in the jurisdiction in which the Property is located, and has the requisite power and authority to enter into and perform this Agreement and the documents and instruments required to be executed and delivered by Purchaser pursuant hereto. This Agreement has been duly executed and delivered by Purchaser and is a valid and binding obligation of Purchaser enforceable in accordance with its terms. This Agreement and the documents and instruments required to be executed and delivered by Purchaser pursuant hereto have each been duly authorized by all necessary corporate action on the part of Purchaser and that such execution, delivery and performance does and will not conflict with or result in a violation of Purchaser's articles of incorporation or by -laws or any judgment, order or decree of any court or arbiter to which Purchaser is a party, or any agreement to which Purchaser and/or any of the Property is bound or subject. 7 6.2.2 Purchaser has not (i) made a general assignment for the benefit of creditors, (ii) filed any involuntary petition in bankruptcy or suffered the filing of any involuntary petition by Purchaser's creditors, (iii) suffered the appointment of a receiver to take possession of all or substantially all of Purchaser's assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Purchaser's assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of settlement, extension or composition to its creditors generally. The foregoing representations and warranties are express representations and warranties, which Seller shall be entitled to rely on regardless of any investigation or inquiry made by, or any knowledge of, Seller. Consummation of this Agreement by Seller with knowledge of any such breach shall not constitute a waiver or release by Purchaser of any claims arising out of or in connection with such breach. The foregoing representations and warranties shall survive Closing or termination of this Agreement. Article 7. Feasibility Period. (a) During the Feasibility Period, Purchaser may investigate the Property and all matters relevant to its acquisition, development, usage, operation and marketability, and any and all permits and approvals necessary for Purchaser's usage. Such investigations shall be conducted at Purchaser's sole expense and may include, without limitation, studies or inspections (including environmental inspections) of the Property. Any environmental or other physical inspection of the Property shall occur pursuant to the terms and conditions of the Property Access Agreement attached hereto as Exhibit C. Subject to the terms of this Agreement and the Property Access Agreement Seller shall reasonably cooperate with Purchaser's inspections during the Feasibility Period. Purchaser shall deliver copies of any reports or results of any tests regarding the Property within five (5) days of receipt by Purchaser. (b) Seller, without additional cost to Purchaser, shall deliver to Purchaser copies of all surveys, engineering studies, feasibility studies, soil and water test results, maps, plats, contracts, documents, agreements, permits, licenses, reports and data pertaining to or affecting the Property that it has in its possession. These documents shall be delivered to Purchaser on or before five (5) days after the Effective Date. In the event of termination of this Agreement for any reason after the Effective Date, Purchaser, without additional cost to Seller, shall promptly return to Seller all of the above listed materials pertaining to the Property, which are in the Purchaser's possession or under Purchaser's control. Purchaser shall keep all such materials confidential and shall not disclose such information or documents to any third party without the prior written consent of Seller. (c) Seller does not warrant the accuracy of any record, document or information made available to Purchaser or any of the records or documents. Statements of fact or opinion contained in any record, documents or information made available to Purchaser shall not be deemed to be a representation or warranty hereunder. The records, documents or information made available to Purchaser are being provided to Purchaser for informational purposes only and shall be read in the context that they were prepared by Seller or Seller's consultants for intercompany use without expectation that such documents would be disseminated to third parties in connection with this transaction. Further, it is agreed that Purchaser is responsible for its own due diligence despite receiving information and documentation relating to the Property from Seller. Purchaser agrees that Purchaser shall independently verify such information provided by Seller and Purchaser releases Seller from any and all liability, damages and claims associated with Purchaser's reliance thereon. (d) If either the Purchaser or Seller, in their sole discretion, is not satisfied with the results of said inspection, Purchaser or Seller shall deliver written notice thereof to the other party on or before the expiration of the Feasibility Period. If such notice is received by either party, as set forth above, and if Purchaser and Seller have not agreed, in writing, to a settlement thereof on or before ten (10) days after the expiration of the Feasibility Period (Resolution Deadline), this Agreement shall terminate three calendar days following the Resolution Deadline; unless the party that received the termination notice receives written notice from the other party waiving objection to any unsatisfactory condition prior to the Resolution Deadline. If said written notice of such unsatisfactory condition(s) is not received on or before the date specified above, then this Agreement shall remain in full force and effect and the contingency as set forth in this paragraph shall be deemed to be waived. (e) Purchaser shall indemnify, hold harmless, and defend Seller from any claim, liability, or cost, including attorney fees, which Seller may incur or which may be asserted against Seller or the Property by reason of Purchaser's inspections, tests, and investigations of the Property, or as a result of Purchaser's entrance onto the Property, including without limitation injury to persons or property and the assertion of any mechanic's liens or claims for payment; provided, however, that Purchaser shall have no liability relating to the mere discovery of adverse conditions on the Property not created by Purchaser. The provisions of this Section shall not be construed to merge with the passage of title to the Property and shall survive Closing or other termination of this Agreement. (f) The Property is sold by Seller and acquired by Purchaser "As -Is, Where -Is, With All Faults" with no right of set -off or reduction in the Purchase Price, and that except as explicitly set forth in this Agreement or in the Deed (with respect to warranties of title) such sale shall be without representation of warranties, express or implied, either oral or written, made by Seller or any agent or representative of Seller with respect to the physical or structural condition of the Property, or with respect to the existence or absence of petroleum, hazardous substances, pollutants or contaminants in, on, under, or affecting the Property or with respect to the compliance of the Property or its operation with any laws, ordinances or regulations of any government or other body. Purchaser acknowledges and agrees that Seller has not made and does not make any representations, warranties or covenants of any kind or character whatsoever, whether express or implied, with respect to warranty of income potential, operating expenses, uses, habitability, tenant ability, or suitability for any purpose, merchantability, or fitness of the Property for a particular purpose, all of which warranties Seller hereby expressly disclaims. Purchaser is relying 9 entirely upon information and knowledge obtained from its own investigation, experience, or personal inspection of the Property. Purchaser expressly assumes, at closing, all environmental and other liabilities with respect to the Property and releases and indemnifies Seller from same, whether such liability is imposed by statute or derived from common law including, but not limited to, liabilities arising under the Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA "), the Hazardous and Solid Waste Amendments Act, the Resource Conservation and Recovery Act ( "RCRA "), the Federal Water Pollution Control Act, the Safe Drinking Water Act, the Toxic Substances Control Act, the Superfund Amendments and Reauthorization Act and the Hazardous Materials Transportation Act, all as amended, and all other comparable federal, state or local environmental, conservation or protection laws, rules or regulations. The foregoing assumption and release shall survive closing. All statements of fact or disclosures, if any, made in this Agreement or in connection with this Agreement, do not constitute warranties or representations of any nature. The foregoing provision shall survive Closing and shall not be deemed merged into any instrument of conveyance delivered at Closing. Article 8. Indenture Release. Seller shall apply for and obtain a release of the Property from Seller's Corporate Indenture ( "Indenture Release ") within ninety (90) days after Closing. Article 9. Lot Split. The sale and purchase of the Property requires a lot split. Purchaser shall obtain the approval of the required governmental agencies for said lot split prior to the expiration of the Feasibility Period, and shall complete the lot split, including subsequently obtaining certificates of title for the split parcels from the Examiner of Titles, all at Purchaser's sole cost and expense. Article 10. Reservation or Dedication of Easements. Seller shall reserve in the Deed any utility easements it requires for the present and future operation of its facilities over, under and across the Property. Article 11. Contingency. The sale of the Property by Seller shall be contingent upon, and occur contemporaneously with, the granting of an easement by Burlington Northern Santa Fe to Seller and the associated transactions related to property adjacent to the Property, as set forth in that certain Agreement by and between Seller and Purchaser dated 1 2004. Article 12. Condemnation. If prior to Closing eminent domain proceedings are commenced against any material portion of the Property, Seller shall immediately give notice thereof to Purchaser, and Purchaser at its option (to be exercised within fifteen (15) days after Seller's notice) may either (a) terminate this Agreement, or (b) proceed to Closing and receive at Closing either a credit against the Purchase Price in the amount of the award, in the case of a completed eminent domain proceeding, or an assignment of all rights in eminent domain, in the case of a pending eminent domain proceeding. Prior to Closing, Seller shall not designate counsel, V appear in, or otherwise act with respect to any eminent domain proceedings, or commence any repair or restoration resulting therefrom, without the consent of Purchaser. Articlel3. Brokers. Each of the parties represents to the other that such party has not incurred any brokerage commission or finder's fee as a result of this transactions and each party agrees to hold the other harmless from all liabilities incurred by the other relating to such brokerage commission or finder's fee incurred as a result of the actions of such party. The provisions of this Article shall survive Closing or termination of this Agreement. Articlel4. Default. In the case of any default by Purchaser, Seller's sole and exclusive remedy shall be termination of this Agreement and, upon any such termination, the Earnest Money shall be forfeited to Seller as liquidated damages. In the case of any default by Seller, upon Purchaser's option, Purchaser may terminate this Agreement whereupon the Earnest Money shall be returned to Purchaser. Purchaser also shall have the right to specifically enforce this Agreement, provided that any action therefore is commenced within six (6) months after such right arises. Purchaser waives any right it may have to recover damages from Seller in any action or proceeding to enforce this Agreement or any term hereof, the prevailing party shall be entitled to recover its reasonable costs and attorneys' fees. Articlel5. Assignability. Purchaser may not assign its rights under this Agreement without the consent of Seller, provided, however that, one time only, without Seller's consent, but upon notice to Seller, Purchaser may assign its rights under this Agreement to an entity owned and controlled by Purchaser which agrees to assume all of Purchaser's duties and obligations under this Agreement. Articlel6. Confidentiality. Seller and Purchaser agree to retain the confidentiality of the identity of the other and of the terms of this Agreement, and not to disclose the same to any third party other than to the extent required by applicable law. Articlel7. Notices. Any notice, consent, waiver, request or other communication required or provided to be given under this Agreement shall be in writing and shall be sufficiently given and shall be deemed given when delivered personally or when mailed by certified or registered mail, return receipt requested, postage prepaid, or when dispatched by nationally recognized overnight delivery service, in any event, addressed to the party's address as follows: 11 If to Seller: Gina L. Bulloch Director, Corporate Real Estate Corporate Real Estate Department Xcel Energy Services, Inc. 550 15` Street, Suite 1000 Denver, Colorado 80202 With copy to: Jennifer Thulien Smith, Esq. Law Department Xcel Energy Services, Inc. 800 Nicollet Mall, Suite 2900 Minneapolis, MN 55402 If to Purchaser: City of Maplewood 1830 East County Road B Maplewood, MN 55109 With copy to: Sarah J. Sonsalla, Esq. Kelly & Fawcett, P.A. 2350 U.S. Bancorp Piper Jaffrey Plaza 444 Cedar Street St. Paul, MN 55101 or to such party at such other address as such party, by ten (10) days prior written notice given as herein provided, shall designate, provided that no party may require notice to be sent to more than two (2) addresses. Any notice given in any other manner shall be effective only upon receipt by the addressee. Article 8. Miscellaneous. 8.1 Entire Agreement; Modification This Agreement embodies the entire agreement and understanding between Seller and Purchaser, and supersedes any prior oral or written agreements, relating to this transaction. This Agreement may not be amended, modified or supplemented except in a writing executed by both Seller and Purchaser. No term of this Agreement shall be waived unless done so in writing by the party benefited by such term. 12 18.2 Survival; No Merger The terms of this Agreement shall survive and be enforceable after the Closing and shall not be merged therein. 18.3 Governing Law This Agreement shall be construed under and governed by the laws of the State of Minnesota. 18.4 Severability If any term of this Agreement or any application thereof shall be invalid or unenforceable, the remainder of this Agreement and any other application of such term shall not be affected thereby. 18.5 Time of the Essence Time is of the essence under this Agreement. 18.6 Construction The rule of strict construction shall not apply to this Agreement. This Agreement shall not be interpreted in favor of or against either Seller or Purchaser merely because of their respective efforts in preparing it. 18.7 Captions, Gender. Number and Language of Inclusion The article and section headings in this Agreement are for convenience of reference only and shall not define, limit or prescribe the scope or intent of any term of this Agreement. As used in this Agreement, the singular shall include the plural and vice versa, the masculine, feminine and neuter adjectives shall include one another, and the following words and phrases shall have the following meanings: (i) "including" shall mean "including but not limited to ", (ii) "terms" shall mean "terms, provisions, duties, covenants, conditions, representations, warranties and indemnities ", (iii) "any of the Property" or "any of the Real Property" shall mean "the Property or any part thereof or interest therein" or "the Real Property or any part thereof or interest therein ", as the case may be, (iv) "rights" shall mean "rights, duties and obligations ", (v) "liabilities" shall mean "liabilities, obligations, damages, fines, penalties, claims, demands, costs, charges, judgments and expenses, including reasonable attorneys' fees ", (vi) "incurred by" shall mean "imposed upon or suffered or incurred or paid by or asserted against", (vii) "applicable law" shall mean "all applicable Federal, state, county, municipal, local or other laws, statutes, codes, ordinances, rules and regulations ", (viii) "about the Property" or "about the Real Property" shall mean "in, on, under or about the Property" or "in, on under or about the Real Property ", as the case may be, (ix) "operation" shall mean "use, non -use, possession, occupancy, condition, operation, maintenance or management ", and (x) "this transaction" shall mean "the purchase, sale and related transactions contemplated by this Agreement". 18.8 Binding Effect This Agreement shall inure to the benefit of and shall bind the respective heirs, executors, administrators, successors and assigns of Seller and Purchaser. 18.9 Counterparts This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. 13 Article 19. Recordine Neither party shall record this Agreement. In the event Purchaser records this Agreement, this Agreement shall automatically terminate and Seller shall have the remedies set forth in the Section entitled "Default'. Article 20. Offer This proposal shall expire unless accepted in writing, by Purchaser and Seller, as evidenced by their signatures below, the offering party receives notice of such acceptance and Purchaser deposits the Earnest Money on or before noon on December 17, 2004 (Acceptance Deadline). If accepted, this document shall become a contract between Seller and Purchaser. 14 SIGNATURE PAGE FOR PURCHASE AGREEMENT BETWEEN NORTHERN STATES POWER COMPANY (MINNESOTA) AND CITY OF MAPLEWOOD Seller and Purchaser have caused this Agreement to be executed and delivered as of the date first above written. SELLER: NORTHERN STATES POWER COMPANY, MINNESOTA Gina L. Bulloch Its: Director, Corporate Real Estate PURCHASER: CITY OF MAPLEWOOD By: Its: And By: Its: 15 EXHIBIT A Legal Description of the Land A severed parcel over and across the following described property: TRACT A, REGISTERED LAND SURVEY NO. 262, files of the Registrar of Titles, Ramsey County, Minnesota. Said severed parcel is all that part of above - described property which lies southerly and southeasterly of a line drawn parallel and concentric with and distant 50.00 feet northerly and northwesterly from the following described line and its extensions: Commencing at the northeast corner of the Northeast Quarter of the Northwest Quarter of Section 3, Township 29, Range 22; thence on an assumed bearing of North 89 degrees 44 minutes 58 seconds East along the north line of the Northeast Quarter of said Section 3, for 535.77 feet; thence southwesterly for 908.99 feet along a non - tangential curve, concave to the southeast, radius 850.00 feet, central angle 61 degrees 16 minutes 20 seconds, the chord of the said curve bears South 59 degrees 06 minutes 48 seconds West to the beginning of the line to be described; thence South 28 degrees 28 minutes 38 seconds West for 1007.59 feet to a point of curvature; thence southwesterly for 495.09 feet along a tangential curve, concave to the northwest, radius 460.00 feet, central angle 61 degrees 39 minutes 58 seconds; thence North 89 degrees 51 minutes 25 seconds West for 200.00 feet and said line there terminating. P.I.N. #: 03- 29 -22 -21 -0002 16 EXHIBIT B PERMITTED EXCEPTIONS The lien for real property taxes not yet due and payable. Utility and drainage easements. Building and zoning laws, ordinances, and state and federal regulations. Restrictions relating to use or improvement of the Property. Reservation of any mineral rights to the State of Minnesota. Perpetual right and easement to erect and maintain a line of towers and wires for the transmission of electrical current including telephone wires, granted to Northern States Power Company by easement recorded in Book 75 of Misc., Page 136. Easement granted to Northern States Power Company of a perpetual right, privilege and easement to construct, operate, maintain, use, rebuild or remove electric transmission lines with all towers, structures, poles, crossarms, cables, wires, guys, supports, counterpoises, fixtures and devices over, across and upon a strip 225 feet in width, and recorded as Doc. No. 514455. Right of Way Conveyance granted to Standard Oil Company to lay, maintain, inspect, operate, replace, change or remove a pipeline for the transmission of oil, gas, or the products thereof, filed for record as Doc. No. 243980, Said Right of Way Conveyance having been assigned to the American Oil Company, a Maryland corporation, by Doc. No. 426627, which Right of Way Conveyance has been confined to a Strip 50 feet in width, by Doc. No. 591006, the location of said strip being as described in said partial release. 17 V A ' c CA 1 6 .10 f. PRO w •�.+, \ � — � 'u MPY � \ may / Pr ry / City olMaplewood DF-PARTME OF EE " PUBLIC WORKS E1VGI�EE.PING DIVISION mnmee tM1 Y ( Y Emp nssB ru [Ri9 no-wwe C \ � �xa- �xvovo WE W PREPPRAMN: MM.BER 17. 3W] COUNTY ROAD D REALIGNMENT CITY PROJECT 02 -07 PROPOSED RIGHT —OF —WAY AQUISITION— XCEL ENERGY EXHIBIT 1 Agenda Item K4 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Civil Engineer I SUBJECT: Dahl Avenue, Street and Utility Improvements for the Woodhill Development, City Project 05 -10 Accept Petition Requesting Public Improvement and Resolution Ordering Preparation of Feasibility Study DATE: April 4, 2005 INTRODUCTION Nedegaard Custom Homes, (a.k.a. Nedegaard Construction), is developing the property at 2516 Linwood Avenue with 16 single - family lots on a cul -de -sac. The developer is proposing Dahl Avenue to be a public street with public utilities. The developer will grade the site and prepare it for the public improvements, which will be done by the city as a public improvement. The developer has petitioned the city to prepare the feasibility study and ultimately the construction plans for Dahl Avenue in the Woodhill Development. All of the improvement costs shall be assessed to the benefiting properties. The city council shall consider accepting the petition for public improvement and ordering the preparation of the feasibility study. Background The Woodhill Development is located just east of Sterling Street, south of Linwood Avenue. There are several critical wetlands south of the site. The developer has worked closely with the city and Ramsey Washington Metro Watershed to developer a storm water management system that will benefit the environment and improve the quality of water discharging into the wetlands. Ribbon curb and rainwater gardens will allow runoff to infiltrate into the ground instead of flowing directly into the storm sewer system. It is proposed that the street and utilities be public infrastructure. They are to be constructed as part of a public improvement project due to the sensitive storm water system design and the proximity to the wetlands. The Maplewood Engineering Department will prepare the detailed plans and specifications for the street and utilities. It should be noted that as this proposed Woodhill development was originally considered and approved in late 2003. The property, (2516 Linwood Avenue), had been tied up in the court system in probate after the death of Mr. Kayser. Mr. Bruce Nedegaard of Nedegaard Construction has indicated that the court system has decided in their favor but that the final paperwork has not cleared the court. Nedegaard Construction has agreed to cover the cost of preparing the initial feasibility study, rather than delaying the project process while the final paperwork is being resolved. Likewise, the city will later not be able to proceed with the preparation of construction plans until the developer can provide the city with final proof of ownership, or is willing to escrow additional funds for plan preparation. Ultimately, no project can be awarded or assessments levied until the ownership question has been resolved. Staff sees no risk to the city to proceed in this manner. Agenda Item K4 Once the developer is able to provide proof of their ownership, they will want to begin work on the site which will include the necessary tree removals, site grading and to prepare the site for the city's street and utility construction. Before the developer will be allowed to begin any work on the site they are required to provide the city with final grading plans to be approved by the city engineer and will be required to sign a developer's agreement to cover their obligations and requirements related to the development including waiving their right to appeal the assessments on the public improvement project. BUDGET A not -to- exceed project budget of $5,000 would be established for the preliminary engineering required to complete the feasibility study. Approval of the current resolution and the requirement of the developer to cover the initial cost of the feasibility study will result inn no impact to the tax levy. The project financing will be determined by the feasibility study. At this time it appears that nearly all the cost would be financed by the developer. There may be the possibility of a small assessment another property that will benefit from utility extensions. In either case such a project is expected to have very little to no impact on the tax levy. These items will be flushed out in the feasibility study. RECOMMENDATION Staff recommends that the city council approve the attached resolution ordering the preparation of the feasibility study for the Dahl Avenue, Street and Utility Improvements for the Woodhill Development, City Project 05 -10. Attachments 1. Resolution 2. Petition from Nedegaard Construction 3. Location Map RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY Agenda Item K4 WHEREAS, it is proposed to make Dahl Avenue, Street and Utility Improvements for the Woodhill Development, City Project 05 -10, and to assess the benefited properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $5,000 are appropriated to prepare this feasibility report. Agenda Item K4 1 ME TO A� D C -IJe M MEe5 L2o0 CENFRAL A.rE. NE - MINN?APOLI$, NIN 5541 • (7¢) i,}1 2924 - FAX (763) 75 t88- i5f -29E5 April 1, 2005 Charles Ahi City of ivlaplewood is 30 C'ounty Road R East Maplewood, MN 55109 Dear Charles, I ant the developer of the project known as Woodhill in the City of Maplewood_ This development has been held up in the court system for the lat4t year but is finally ready to go. As (lie legal property owner and developer of Woodhill Property; (2516 Linwood Avenue, PIN: 032$22120010), I am petitioning the City of Maplewood to prepare a featiihility study for the construction of public streets and utilities to serve the Woodhill development. l have been talking with your assistant, Chris Cavett, to get this arranged and also to set up a meeting next week with the City and your consulting engineers, Humphrey Engineering and our company to review the best way to orga this project. Please contact me at 763/757 2926 with a meeting time that is convenient for you. Nedegaard Construction is willing to place $5,000.00 escrow money with the City so this can begin as soon as possible. Sincerely, r� Brice Nedegaarit ■ @ ( A DIVISION OF NE )EGAARL CONS RU0 COMPANY, INC Iff W tr FFF.; LIC NO.. D002068 ,'?w,�. www nitlg �'tlpttl,GOr1 .. �� KING ST, � �7 ODAQ BATTLE CREEK MAI LAND ° GOLF CIR. o COURSE ° ° c O 1. CRESTVIEW Q ° ° vista Hills Z z MPark Park J FOREST EAK- Q O Park Of DR. O NOOD � � 1 2 ' 2. DEER RIDGE ==3 O w TEAKWOOD DR. Cn LN. CT. ° Q OAKRIDGE DR. 3: w Off. HILL WOOD LL z cn Q cn o > 2 ' DR. HILL 04k RIOGE ly- L�j v 1 CT SPR/NCSIDE �r(T���` U AE ° DR. Q� w AVE. LINWOOD w KP H L AVE. LINWOOD oP� PROMO o � ° y NTORy z U Z r OJECT D z SPLEN LOCATION o Li TIMBER WHITE OAk sNOw TIMBER TR. o LER DR. C� 8011M Le B� z SG�pL CIR. 5 PHYLIS CT, < U ADR. � U w P\N J z 2 VVIEWY �� VALLEY VIEW AVE. ReDP 3 3. /NE 1 AV. _ -- I-- -- OAR. 1. a 2. HIGHWOOD Cn Cn cn AVE. 1 7 1 7 � o w L/q /E n o Q o z = MAMIE AVE Q Q71 AVE. cn O W O Y ¢ MP�P. NEMITZ 4g4 o° AVE. < � NEMITZ ST. ER )RI CIF �LN no scale Dahl Avenue, Street and Utility Improvements for Woodhill Development C.P. 05 -10 Location Map Agenda Item K5 /e[r]:Iki U7e\N:I as] :iI TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Civil Engineer I SUBJECT: Myrtle Street Drainage Improvements, City Project 05- 11-- Resolution Ordering Preparation of Feasibility Study DATE: April 4, 2005 INTRODUCTION A low point exists on Myrtle Street between Larpenteur Avenue and Montana Avenue. Water ponds in the street causing problems to nearby residents. This problem was brought to the city's attention in the summer of 2004. Staff reviewed the drainage problem and determined a quick and easy fix was not feasible. A feasibility report is needed to determine the project scope. The city council will consider approving the attached resolution ordering the preparation of the feasibility study. Project Description Residents have been experiencing drainage problems at a low area on Myrtle Street. There is no existing storm sewer on Myrtle Street. When the problem was brought to the city's attention in the summer of 2004, staff initially thought it would be feasible to install a short run of storm sewer pipe to direct runoff from the low area to a nearby pond. After further examination staff determined the pond was undersized and other storm sewer management measures would be necessary. Discussion A not -to- exceed project budget of $5,000 would be established for the project development and preliminary engineering required to complete the feasibility study. The feasibility study will identify project financing which may or may not have an ultimate impact on the tax levy. Possible funding on such a project may be from assessments, the Environmental Utility Fund (EUF), or city general tax levy. Until the project funding is identified and a project ordered, any initial cost would be funded from the tax levy. A $5000 budget would result in a $398 annual tax levy over 20 years. RECOMMENDATION Staff recommends that the city council approve the attached resolution ordering the preparation of the feasibility study for the Myrtle Street Drainage Improvements, Project 05 -11. Attachments: 1. Resolution 2. Location Map RESOLUTION Agenda Item K5 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the Myrtle Street Drainage Improvements, City Project 05 -11, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $5,000 are appropriated to prepare this feasibility report. z CD z U� MCKNIGHT LN u LARPENTEUR w � PROJECT CD LOCATION z U � O W Q L'J HOYT AVE. Q MONTANA AVE. L MO NA IR. O TEVLI N OAK n-� CT. CIR. I 6g u NEBRASKA O w -- S Nebraska �k v Park � GTON Sterling Oaks e E x h i b i t no scale Location Map Myrtle Street Drainage Improvements C.P. 05 -11 Agenda Item K6 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer Bill Priefer, Public Works Administrative Assistant SUBJECT: Municipal State Aid Street Revision — Resolution Requesting Designation of Sterling Street and Brookview Drive as Municipal State Aid Routes DATE: April 4, 2005 INTRODUCTION The City can designate up to 20% of the local street system to receive Municipal State Aid Street (MSAS) funding from the Minnesota Department of Transportation. Maplewood has 0.83 miles available to be designated. It is proposed that Sterling Street and Brookview Drive be approved as MSAS routes. A resolution is needed to begin this process. Approval is recommended. Project Description The adoption of the attached resolution begins the designation process for the establishment of the funding proposal. The justification for designating these routes must be consistent with MSAS rules and is as follows: These roadways function as a neighborhood collector to access a major arterial, 1 -94, and a major collector, Century Avenue, and function as a local bypass of the arterial system. Connect points within the community of traffic interest, parks, and recreational areas within the urban municipality. Provide an integrated street system affording a network consistent with projected traffic patterns. The termini of these segments are 1 -94 trunk highway right -of -way (Hudson Place) to the west and Century Avenue, a trunk highway, on the eastern end. The designation of an MSAS route requires that the streets be constructed to State Aid standards for width and design. This designation is to make the routes available for future MSAS funding and to provide additional sources of needs for the City in the annual MSAS calculation. The current street reconstruction program is reconstructing streets with a 20 to 40 range of PCI rating. A PCI (Pavement Condition Index) range is an evaluation of a street as part of the street rating system. The PCI for Sterling Street from Hudson Place to Brookview Drive is 24, while the PCI for Brookview Drive from Sterling to Century Avenue is 34. The segment lengths are 0.13 miles and 0.50 miles respectively, for a total designation of 0.63 miles. DISCUSSION There is no immediate financial impact of this action. This is a beneficial long -term funding process that will help reduce the tax - supported debt - service requirement for reconstruction. Agenda Item K6 RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the request to designate Sterling Street and Brookview Drive as Municipal State Aid Street Routes. Attachments: 1. Resolution 2. Area Map (Colored maps will be provided to the Council and City Manager.) Agenda Item K6 RESOLUTION REQUESTING DESIGNATION OF MUNICIPAL STATE AID STREET ROUTES WHEREAS, the City of Maplewood may designate up to 20% of its local streets as Municipal State Aid Streets, and WHEREAS, the City Engineer has reported that 0.83 miles of streets remain available for designation within the City of Maplewood, and WHEREAS, pursuant to Department of Transportation State Aid for Local Transportation Division, State Aid Operations Chapter 8820 Rules, 8820.0700 Selection Criteria, the City Engineer has reported the following regarding Sterling Street between 1 -94 right -of -way (Hudson Place) and Brookview Drive and Brookview Drive from Sterling Street to Century Avenue: The justification for designating these routes is as follows: Each route functions as a neighborhood collector to access a major arterial, 1 -94, and a major collector, Century Avenue, and functions as a local bypass of the arterial system. Each route connects points within the community of traffic interest, parks, and recreational areas within the urban municipality. Each route provides an integrated street system affording a network consistent with projected traffic patterns. The termini of these segments are 1 -94 trunk highway right -of -way (Hudson Place) to the west and Century Avenue, a trunk highway, on the eastern end. Sterling Street from 1 -94 right -of- way (Hudson Place) to Brookview Drive is 0.13 miles. Brookview Drive from Sterling Street to Century Avenue is 0.50 miles. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The designation of Sterling Street from 1 -94 right -of -way (Hudson place) to Brookview Drive and Brookview Drive from Sterling Street to Century Avenue is hereby requested of the District State Aid Engineer for approval. 2. The City Engineer is hereby directed to forward a copy of this resolution to the MnDOT District State Aid Engineer requesting his concurrence and requesting he forward said resolution to the Commissioner of Transportation certifying said designation. Approved this 1 1` day of April, 2005 Agenda Item K6 Location Map Designation of Sterling Street and Brookview Drive as Municipal State Aid Street Routes Sterling Street and Brookview Drive as Municipal State Aid Routes K. <xv ,iAfl- -'i Agenda #K -7 AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David J. Thomalla and Fire Chief Steve Lukin Subject: PSAP Consolidation Consideration Date: April 5, 2005 Introduction The City Council has been considering consolidated PSAPs with Ramsey County and has been discussing this issue for some time now. Background The City has received a response from Ramsey County Commissioner Jim McDonough responding to the letter that was sent by the City of Maplewood asking for clarification regarding consolidation issues. Attached is a copy of Commissioner McDonough's response for your review. Additional information will be presented at the City Council meeting Recommendation The City Manager requested that a recommendation be presented with action by the City Council anticipated. DJT & SJL:js JIM McDONOUGH BOARD OF RAMSEY COUNTY COMMISSIONERS DISTRICT6 Richard Fursman City Manager City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Mr. Fursman. IN COURI Ho; SAINT PA,UU, MINNF501A �- ri� F-L, l65 'MMX) FAX u'o i 2o) Ki.V Thank you for your letter of March 181h regarding the County's dispatch consolidation offer. We appreciate the opportunity for an open dialog on this issue. I would like to respond to the concerns raised in your letter, "The County appears to want to freeze current budgets across the county and to place a schedule in effect that will gradually reduce municipal payments over a seven year period. At year eight, the County would then assume all costs for dispatching thereafter, no longer billing cities for dispatching costs, " "'Maplewood currently contracts with the Cities of North fit, Paul for dispatching services. The contract calls equal,- to 23% of the total calls. - We recognize that North St- Paul contracts with Maplewood for dispatching services and contributes to the operating costs of your PSAD. Accordingly, Maplewood's first year contribution to a consolidated dispatch operation would be $525,500 instead of $681,515. "Dispatching protocol is also a significant concern that must be addressed as part of any consolidation planning. Maplewood must have assurances that issues of public safety and protocol will be handled in a fashion that are as unique as some of the services provided in the City. Previous attempts at consolidation fall far short of promises as the special dispatching needs of Maplewood were Sinondt Minnesota's First Home Rule County Mr. Richard Foreman April 1, 2005 Page Two Consolidation offers an opportunity to take a fresh look at how dispatching is done in Ramsey County and create a customer-focused operation that meets the needs of the participating agencies. Cities involved in this venture at the outset will have more influence in shaping the outcomes than cities that join later, "At minimum, the level of service must meet or exceed the expectaficirs established as the 800 MHz Dispatch dradigamp, These inchics: Calls answered in three rings or less (three rings is 14-18 seconds) 95% of the how, wo'l, of all calls answered in 40 seconds or less. loridofemergency dispatching of fire concluded within 60 seconds. Emergency dispatch of law enforcement per SOP based upon type of incident Transfers of calls from the PSAP to anotheraqw or PSAP must be ' "warm" transfers: ie, call taker on ounce with railer coal connected with the party being transferred In: call transfer will riot exceed 30 seconds, A quality assurance program consistent among PSAP's must be in place. It should be noted that the average call time in Maplewood is currently at 3.2 seconds." "There must be the availability to cushunsm repave to meet Pdawlecoards particular needs especially in the area of EMS personfref, Occvskircafy, Maplewood preservative respond from their residences and deodiumers must have on intimate knowledge of personnel and mission to coordinate and handle special circumstances." Mr. Richard Fursman April 1, 2005 Page Three "Maplewood should have representation on the joint powers board, or an ability to set miniamar standards Ond cannot be deviated frorn without approval of the city, -- Each PSAP that becomes part of the consolidated Dispatch Center will be represented on the policy committee as well as having representation on any working group that is setting the minimum standards. "Maplewood most express concern that there are few details yet on what the operating budget wifibe - and that there is little factual information available I would be happy to meet with you for further discussion on these issues. cc: Commissioner Victoria Reinhardt Scott Williams Paul KirkwoJd Connie Catlin Mary Kamp 6" BASF MAPS EVVOOD 2006 100% $525,500.00 2007 90% $ 472.950 00 2008 80% $ 420,400,00 2009 65% $ 341,575,00 2010 50% $ 262,750,00 2011 35% $ 183,925,00 20 2Wk $ 105,100-00 2013 0% s - 2W4 0% s 2415 on, /0 $ - PSAP Consolidation Consideration With Ramsey County 1. Should utilize the largest and fastest telecommunications platform with unrivaled high- speed, high- volume notification and call - handling capabilities. 2. Should share information and receive feedback from employees, customers, and affiliated agencies quickly, directly, and reliably at any time. 3. Should provide an on- demand back -up for all call centers, to taking calls and making calls simultaneously and without interruption. 4. Should be able to handle a high volume of inbound calls in a short time, especially in the event of an emergency, also, can quickly overload all switchboards and call centers. 5. Should be able to answer every inbound call while keeping outbound lines open. 6. Should allow meeting the ongoing needs of communities without interruption. 7. Should have no caller receive a busy signal and can immediately provide information instruction and peace of mind. 8. Should make all organizations more capable and responsive. 9. Should ensure the continuity of operations and free up people to focus on their core responsibilities. 10. Recognize the limitations and vulnerabilities of an on -site system; the costs of managing and maintaining a self - operated, on -site system. 11.All future system upgrades should be available automatically at no additional cost; a solution that will never become obsolete. 12.Trust the most critical communications solutions to be completely secure, redundant, and reliable. 13.Teams such as emergency management or executive to be secure for conference bridge up to 75 people being always available. 14. World -class support available always live, and around the clock help desk. 1 15.Systems should be continually tested, ably backed up with UPS generators. 16. Community's confidence should never be compromised. 17. System as a high- speed, high- volume notification and inbound call handling system that is accessed, controlled, and maintained via the Internet. 18.Should make available more than 3,000 outdial VRU ports (lines) and additional 30,000 inbound VRU ports. Plus, 30,000 fax ports. Should have large call capacity and a system to offer inbound call handling. This means that 180,000 thirty- second outgoing calls could be made per hour, without affecting volume of incoming calls received and rerouted simultaneously. 19.Should allow searchable, sortable database and GeoCoded mapping features which allows to isolate a calling area by simply outlining it on a map, and then the database ensures you have the most current and complete calling information available. This eliminates the need to build and maintain own database. 20. Should be prepared for any situation, even ones that have not been anticipated. 21. Should allow setting up the system requirements with no equipment to be purchased, no phone lines to be installed, and no software to be maintained. This means equipment on -site cannot be disabled in the event of a physical catastrophe at the site location. 22. System operated via the Internet with 100% generated backup, to ensure continuity of operations. System will operate even if there is an interruption in the electrical supply. 23. System help desk available 24 hours a day, ' every day of the year for technical support or for assistance in executing a notification procedure should our Internet access be unavailable. 24. System to include no hardware or software to purchase or maintain, and requires no additional phone lines. Installation, time and expense would be minimal, and any future system upgrades would be automatically made available to all users at no additional cost. 25.System should be able to be used for any number of both emergency and day -to -day uses, including the call -up of emergency teams and key personnel or mass public notification alerts for severe weather warnings, evacuation instructions, or AMBER Alerts. System should allow calling lists to be generated from existing in -house databases, and GeoCoded mapping functions. 26. Using massive inbound call handling capability being offered should handle Public Safety use of existing numbers to establish public information hotlines. Providing this information on- demand should greatly reduce the burden on the 9 -1 -1 system and local dispatching call centers, which in turn allows emergency personnel to focus on the event. 27. System should allow to reach key personnel and officials regardless of their location; providing real -time reporting so that the status of each call can be confirmed. 28.You don't know what you don't know. Os Agenda Item G4 MEMORANDUM TO: City Manager FROM: Steve Lukin, Fire Chief SUBJECT: TEMPORARY IMPOUND LOT CONTRACT DATE: April 11, 2005 I i• III f i:101 e1 l Z O 7 [s ] At the March 28, 2005 Council Meeting, the city council approved the lease agreement between Mark Ashby and the city of Maplewood for a temporary impound lot at 1160 Frost Avenue. After further review of the agreement by Mr. Ashby, he asked that the following be added to the agreement on page 4, #16 HAZARDOUS MATERIALS. Lessee shall solely be responsible for any and all liability or remediation of hazardous materials on the Premises including any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company upon entry of the premises for the direction of the tenancy. This addition to the agreement was reviewed and approved by the city attorney. RECOMMENDATION I recommend that the city council approve the addition of #16 to the impound lot lease agreement.