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
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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
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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
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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
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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.
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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
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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
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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
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PLANNING COMMISSION APPLICANTS
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1 Jim Kaczrowski
428 Marnie Street
2 Valerie Taylor
2052 Bradley Street
3, Jeremy Yarwood
2324 Moreland Court
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Attachment 3
CITY OF MAPLEWOOD
BOARDS AND COMMISSIONS
APPLICANT INFORMATION FORM
NAN
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ADDRF.S
S
P Work
HONE NO, (2 c Dome: v 5/ DATE
- -- - ------ ------- -
t"C'ff: ('/'
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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.
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6) Whv wookl you like to serve on this Board or Cornriassion?
--to
7
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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
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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.
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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
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ADDIA�NA COs)lMENTS: s
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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
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2511 Carver Avenue rl
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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
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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
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SOUTH ELEVATION
Attachment 9
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SOUTH ELEVATION (ENLARGED)
PROPOSED SHELTER ELEVATIONS
PROPOSED SHELTER ELEVATION'S
17
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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:
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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.
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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.
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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
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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
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Location Map
Agenda Item K5
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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.
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Myrtle Street Drainage Improvements
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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
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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.