HomeMy WebLinkAbout2007 01-22 City Council Packet5:00 p.m. Closed Session —Discuss Pending Litigation with John Baker and /f Alan KantrDd
6:00 p.m. Closed Session — Discuss Pending Litigation with Pam VanderWiel, Chuck Bethel, & H. Alan Kantrud
MAPLEWOOD CITY COUNCIL
7:0UP.K4. Monday, January 22,2O07
Council Chambers, City Hall
Meeting No. OY-02
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
Acknowledgement o/ Maplewood Residents Serving the Counby
Mayor's Address onProtocol:
"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 fYnnadumeo and Rules of Civility, which are located near the entrance. When you address the council,
please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and
Council. I then will direct staff, as appropriate, to answer questions or respond to comments.'
D. APPROVAL OF AGENDA
E. APPROVAL OF MINUTES
1. Minutes from the January 8 Council/Manager Workshop 5:0Op.no.
2. Minutes from the January 8 Council/Manger Workshop 8:OOp.nn.
3. Minutes from the January 8, 2007, City Council Meeting
1. 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 ba considered separately.
1. Approval OfClaims
2. Donation from SChnnR|z Countryside Volkswagen
J. East Metro Narcotics Task Force Joint Powers Agreement
4. VVyng8teTOvvDhO[nSS. City Project O4-33
Of Saint Paul Private Water Main AOna808nt.
5. Cotbag8vvO0d Utility Improvement, City Project 08-1O. Resolution Approving Change Order No. 2
S. County Road [) East Improvements, City Project O2-O7.AppnJv812-[n0nthExt8nSiOnt0
Purchase Option for Ramsey County Regional Rail Authority for Burlington Northern Rail
Corridor
7. Approval Of2OO7 Labor Contracts-Report b3Follow
8. Authorization t0 make payment for Eden System yearly support contract.
8. Conditional Use Permit — Launderville Towing (2194 VanDyke Street North)
J. AWARD OF BIDS
K. UNFINISHED BUSINESS
1 Saint Clair Hills Development - Findings Vf Fact (Carver Avenue, east of 1-494)
A. Moratorium Variance
B. Rezoning /R-1/R\toR-1\
2. TH 36 —Rice Interchange Improvements — Resolution Supporting Legislation for Preliminary
Engineering Study by Ramsey County and K8nO[)T
3. County Road D East Improvements, City Project 02-Oy,R8sNuiinnCVnfirnningEnninent[)Onn8in
Authorization for Schreier Parcel 8t Hazelwood/County Road D
L. NEW BUSINESS
1. Change of Manager, Noodle & Company for Wine and Strong Beer License
2. Change [f Manager, MGM Liquor VV8pehVVS8.[ff-S8|e|nLoxc8UnQLiqUorLic8nG8
3. Change of K88n8Q8r. TSE, Inc. at the Chalet for Lawful Gambling License
4. Annual Review Vf the Rules & Procedures for City Council and Council Meetings Manual
5. Funding for Life Safety Construction -BnJ8ntrUp Farm (21Y0 County Road [)East)
0. Bn]okvi8vvArea 8tpe8{ |nnpn}v8nn8nLS, C|h/ Project 07-01. Resolution Ordering Preparation of
Feasibility Study
Y. Desoto Skillman Area Street Improvements, City Project 0O-10. Approve Desoto Sin8Et Sidewalk
Survey
M. 1818 Currie SLne8i Lot Split, City Project O8'25. Resolution Ordering Preparation of Feasibility
Study
S. Trunk Highway 308t Hazelwood, City Project U3-31
Routes L0 School Funding Application for Trail |nnpnJvenn8nLs.
10. EMS Charges for City Employees.
M. COUNCIL PRESENTATIONS
N. ADMINISTRATIVE PRESENTATIONS
1. Citizen Advisory Boards and Commissions Meetings Broadcast Schedule
2. Citizen Advisory Boards and Commissions - Openings
ro
Sign language interpreters for hearing impaired persons are available for public hearings upon request.
The request for this service must be made Edleast 98 hours inadvance. Please call the City Clerk's Office Ed
(051) 249-2001 t0 D18kG 8rr8DgRnlRDtS. Assisted Listening Devices are also GvGi|8b|8. P|m8SG check with the
City Clerk for availability.
RULES OF CIVILITY FOR OUR COMMUNITY
Following are some rules uf civility the City uf Maplewood expects of everyone appearing at Council
Meetings - elected officials, staff and citizens. 8/8 hoped that bwfollowing these simple rDAes, everyone's opinions
can be heard and understood /na reasonable manner. N/e appreciate the fact that when appearing at Council
meetings, it/8Under8b7odbha/everynn9will/b8Ovvbhe3eprinciples: Show respect for each other, actively listen to
one another, keep emotions /ncheck and use respectful /a
Agenda Item El
A
:11
A
MINUTES
CLOSED SESSION
COUNCILIMANAGER WORKSHOP
5:00 P.M. Monday, January 08, 2007
Council Chambers, City Hall
A workshop of the City Council was held in the Council
to order at 5:05 P.M. by Mayor Longrie.
ROLL CALL
Diana Longrie, Mayor
Rebecca Cave Councilmember
Erik Hjelle, Councilmember
Kathleen Juenemann, Councilmember
Will Rossbach, Councilmember
APPROVAL OF AGENDA
Mayor Longrie moved to approve the age
Seconded by Councilmember Hjelle
Mayor Longrie moved into closed sessA
NEW BUSINESS
1. Information Session with Attorneys
H. Alan Kantrud-Pending Litigation
Mavor Longrie re-ooened the meeting at 6:02 P.m.
ADJOURNMENT
Mayor Longrie adjourned at 6:03 p.m.
ent
City Hall, and was called
m VanderWiel, Chuck Bethel and
Agenda Item E2
MINUTES
CITY COUNCILIMANAGER WORKSHOP
Monday, January 8, 2007
Council Chambers, City Hall
6:00 p.m.
A. CALL TO ORDER
A workshop of the City Council was held in the Council Chambers, at City Hall, and was called to
order at 6:00 P.M. by Mayor Longrie.
B. ROLL CALL
Diana Longrie, Mayor
Present
Rebecca Cave Councilmember
Present
Erik Hjelle, Councilmember
Present
Kathleen Juenemann, Councilmember
Present
Will Rossbach, Councilmember
Present
C. APPROVAL OF AGENDA
Mayor Longrie moved to approve the agenda as
presented.
Seconded by Councilmember Hielle
Ayes-All
D. NEW BUSINESS
1. Street Reconstruction Proaram
Public Works Director AN presented a PowerPoint presentation on the streets construction
program and included two videos outlining pavement design, intent and construction.
Discussion was held regarding the expanded program and the current approach to
financing the program.
Mr. AN will bring additional information back to council at a future workshop that will include
what he envisions as a "stepped-up plan" and the proposed financing for this expanded
program.
'11
L
Mayor Longrie adjourned at 7:03 p.m.
Agenda Item E3
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, January 8, 2007
Council Chambers, City Hall
Meeting No. 07-01
A. CALL TO ORDER
A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at
7:10 P.M. by Mayor Longrie.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Diana Longrie, Mayor Present
Rebecca Cave Councilmember Present
Erik Hjelle, Councilmember Present
Kathleen Juenemann, Councilmember Present
Will Rossbach, Councilmember Present
D. APPROVAL OF AGENDA
M1. Recording of Meetings
X11. Resolution on Behalf of Historical Preservation Commission
M2. City of Mound Public Works Superintendent
M3. Even Year Elections
M4. Council Rules Regarding Cable Commission
M5. Notification of Special Meetings
N1. City Attorney Kantrud-Incompatibility of Office
Mayor Longrie moved to approve the agenda as amended.
Seconded by Councilmember Cave Ayes-All
E. APPROVAL OF MINUTES
1. Minutes from the December 11, 2006 City Council Meeting
I
Seconded by Councilmember Hjelle Ayes-All
2. Minutes from the December 18, 2006 City Council Meeting
Councilmember Cave moved to approve the minutes from the December 18. 2006 Citv Council Meetin
as presented.
Seconded by Councilmember Hjelle Ayes-All
F. VISITOR PRESENTATIONS
1. Bill Kayser, 64080 81 Avenue North, Brooklyn Park, provided an update on a pending lawsuit
from his perspective.
January 8, 2007 City Council Meeting
2. Nancy Lazaryan, 10734 West Lake Road, Rice, presented council a copy of a proposed lawsuit
she referred to as "showing council her cards".
3. Bob Schmidt, 1439 East Burke Avenue. Maplewood, commented on recent organizational
changes at the Community Center, the city's snowplowing schedule and the Maplewood
Employee's Handbook.
Mayor Longrie dispelled the rumor that Councilmember Cave's husband is obtaining a different job
within the city.
G. APPOINTMENTSIPRESENTATIONS
None
H. PUBLIC HEARINGS
1 Desoto Skillman Area Street Improvements, City Project 06-16
Public Hearing 7:00 pm
Resolution Ordering Improvement after Public Hearing (4 votes)
a. Assistant City Engineer Laberee presented the report.
b. City Engineer Ahl presented further information from the report.
C. Mayor Longrie opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Mike Kline, 1778 DeSoto Street, Maplewood
P. Joe Moos, 1691 Payne Avenue, Maplewood
Jim Fitzgerald, 5141 DeSoto, Maplewood
Tom Wilkem, 1838 DeSoto, Maplewood
Larry Whitcomb, 518 County Road B East, Maplewood
Michelle Periolat, 607 Price Avenue, Maplewood
JoAnn Lorenz, 466 East County Road B, Maplewood
Dennis Carlson, 2020 Arkwright Street, Maplewood
Ben Kline, 1778 DeSoto Street, Maplewood
Margaret Johnson, 639 Kingston, Maplewood
Larry Chainer, 1771 DeSoto Street, Maplewood
Larry Whitcomb, 518 County Road B East, Maplewood
Mayor Longrie closed the public hearing.
Councilmern
RESOLUTION 07-01-001
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, a resolution of the city council adopted the 18th day of December, 2006, fixed a
date for a council hearing on the proposed street improvements for the Desoto-Skillman Area Street
Improvements, City Project 06-16.
January 8, 2007 City Council Meeting
AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was
given, and the hearing was duly held 0l January Rth.20O7. and the council has heard all persons
desiring t0be heard 0D the matter and has fully considered the same;
NOW THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL C}FK4APLEVVO(JO,
MINNESOTA, as follows:
1. That itisnecessary, and feasible, as detailed in the feasibility report, that
the City VfMaplewood nn8k8 improvements to Desoto-Skillman Area Street Improvements, City Project
00-18.
2. Such improvement iShereby ordered as proposed in the council reso|Vtion adopted th9
8th day of January 2007.
3. The city engineer isdesignated engineer for this improvement and is hereby directed to
prepare final plans and specifications for the making Vfsaid improvement.
4. The finance director ia hereby authorized t0
implement the financing plan for the project. A project budget of $5 Sh8U be established. The
proposed financing plan is8Gfollows:
Financing Plan for Desoto Skillman Street lmprovments
GO Debt Service
$ 1,346,000.00
24%
Assessments
$ 1,836,000.00
33%
Sanitary Sewer Fund
$ 239,400.00
4%
SPRWS
$ 147,000.00
3%
Environmental Utility Fund
$ 292,000.00
5%
Driveways
$ 60,000.00
1%
I Total
$ 5,597,500.00
100%
SBConded Lbv Council
Imember
Seconded bv Council
At 9:20 p.m. min
Ayes - Cou ncilmembers H�ell8
8ndR0sSb8ch
N8y'K88yorL0ngh9
staff tobhna the relevant information to council toconsider
A]
Ayes-Al Cave
was taken.
Councilmember Hjelle moved to adopt consent agenda items 4 and 5.
Seconded bvCoUn[i|nnenlb8rCave
Ayes-Al
CouOd|Dl8mbRrHkel|S moved to approve consent agenda item 1.
Seconded by Councilmember Juenemann Ayes-All
January 8, 2007 City Council Meeting 3
CoUn{i|n1enlberC8ve moved to approve consent agenda item 2.
Seconded bvCouOCi|[n8[nbRrJU8Denl8nO |
CoUn[i|rnennb9r[|8ve moved to approve consent agenda item 3.
Seconded byC0Unci|nnennberHhe||e Ayes
CoUnCi|nnennberJu8nennann moved to approve consent agenda item 6.
SSCOOdSd byC0uDCi|[n9[nbe[ROSSb8Ch Ayes-Councilmembers Cov8. MjS||e.
Juenemann and F(osGb8Ch
N8VS-Mavor Lonqrie
C0Unci|rnenlberJuenemann moved to ai
Seconded bvCOUnCi|nn8nnberHh8U8
C0uDCi|nle[nbe[CGve moved to approve
Seconded bvCVUnCi|nn9rnberHU8||8
1 Approval of Claims
ACCOUNTS PAYABLE:
$ 235.207.13 Checks #Y1570
dated 12/19/06
)rove consent ai
# 7
item 7.
ki|
$ 105,311.17 Disbursements via debits to checking aCoount
dated 12/08/06 thru 12/14/06
dated 12/26/06
$ 27* Disbursements debits mo checking account
�Ndated 12/15/06 thrU 12/21/08
,923.99 Checks # 71702 thru # 71750
dated 12/27/06 thru 01/02/06
$ 94 Disbursements via debits LV check account
�w
dated 12/22/00MhnJ 12/28/00
$ 1,188.108.80 Total Accounts Payable
PAYROLL
Payroll Checks and Direct Deposits dated
$ 482,711.32 12Y15/08
$ 2,963.93 Payroll Deduction check #10O0732thrU#
January 8, 2007 City Council Meeting
4
1000734
dated 12/15/06
Payroll Checks and Direct Deposits dated
$ 463.300.34 12/29/00
Payroll Deduction check #1000884UlrV#
$ 513.10 1000885
dated 12/29/00
$ 949.548}5 Total P8ynJU �
GRAND TOTAL
2. Approval of 2007 A i l Control C0
Accepted the 2007 contract from Animal Control
Brooklyn Center.
3. Temporary Gambling Permit — Carver Elementary
Adopted the follow resolution approving the tempora �
Elementary PTO and approved waiving the carnival and
ing license for Carver
3ry food fees:
ED
BE IT HEREBY RESOLVED, by the City Council of M aplewood, Minnesota, that
the temporary g is approved for the Carver Elementary PTO,
2680 Upper Afton Road, Maplewood, Minnesota.
�
FURTHERMORE, that the Maplewood City Council waives any objection hJthe
t imeliness Of application for said permit as governed by Minnesota St8tUte8349.213.
FURTHERMORE, that the Mapl ewood City Council requests that the Gambling
Control Division of the Department 0fGaming approve said permit application as
being in compliance with Minnesota Statute §349.213.
NOW THEREFORE be it further resolved that this Reso bv the City Council Of
tood, Minnesota, be forwarded to the Gambling Control Division for their approval.
4. Annual Gambling License Resolution — Hill Murray Mother's Club
Adopted the following re so l ution approv the lawful gambling opo|io8tkln for the Hill Murray
Mothers club to operate Ed5-M Tavern located at228SK8innehah8Avenue:
RESOLUTION 07-01-003
BE IT HEREBY RESOLVED, by the City Counc of Maplewood, Minnesota, that the premises
permit for lawful gambling is approved for Hill Murray Mothers Club, to operate at 5-8 Tavern located at
2289 Minnehaha, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any object tO the timeliness 0f
application for said permit as governed by Minnesota Statute §349.213.
c., 6400 Colfax
January 8, 2007 City Council Meeting
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.
5. Approve Emergency Repair of Sanitary Sewer Main
Approved the repair Of the sanitary sewer at8 cost 0f$5,706 to be paid to Ro ContraCDg
6. Approve Purchase of Bobcat 5600 Turbo Work Machine/T
Approved the purchase Of the Work Machine/Tool Inc. under state
contract #436808 for $39,478.13.
7. Approve Arbor Day Proclamation
Adopted the following K88p|RvvOOd has met the
four standard required of community in order to b considered a participant in Tree City USA
pn]g[8Ol:
Arbor Day Proclamation
N/heR9a8 In 1872 J. Sterling Morton proposed to the Nebraska Board Of Agriculture that 8
special day be set aside for the planting of trees, and
Whereas, this holiday, called Arbor Day, was first observed with the planting of more than o
million trees in Nebraska, and
Whereas, Arbor Day is now observed throughout the nation and the world, and
Whereas named for the regal and ma Maple tree,
is celebrating its 50 Anniversa 8s8 City in2007,and
Maplewood wishes tn the over sixty Tree USA in Minnesota and
Whereas, the people of Maplewood, Minnesota initiated a statewide move for the
purchase of Open Space by voti upon themselves 8 property tax levy in1S93
U�
to acquire 3O8 aCn8S O| property all holding G vast store 0f trees and O8tUr8|
��. b8autv.@Od
ca n reduce the erosion Of our precious topsoil hv wind and water, cut
iting and coo costs, moderate the temperature, clean the air, produce life-
ng oxygen, and provide habitat for wildlife, and
Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our
fires, and beautify our community, and
trees in our city increase property values, enhance the economic vitality Of
business areas, and beautify our community, and
Whereas trees, wherever they are planted, are 8 source 0f joy and spiritual nanevv8i
January 8, 2007 City Council Meeting
Now, Therefore, 1, Diana Longrie, Mayor of the City of Maplewood, do hereby proclaim April 27,
2007 as Arbor Day in the City of Maplewood, and I urge all citizens to celebrate Arbor Day and
to support efforts to protect our trees and woodlands, and
Further, I urge all citizens to plant trees to gladden the heart and promote the well-being
of this and future generations.
8. Gladstone North Area Streets, City Project 04-15, Approve Settlement with Gene Shursen at
1816 Kennard Street for Flooding Damage
Approved the settlement agreement with Eugene Shursen at 1816 Kennard Street in the
amount of $13,000 for drainage damage from project 04-15 funds.
None
K. UNFINISHED BUSINESS
1. North St. Paul Electric Franchise Tax Ordinance — 2 nd
Councilmember Juenemann moved to adopt the following second reading of the North St. Paul El
Franchise Tax:
ELECTRIC FRANCHISE ORDINANCE
ORDINANCE NO. 877
CITY OF MAPLEWOOD, RAMSEY
An ordinance granting to THE
assigns, permission to co
electric distribution
appurtenances, for the furnishi
ways and public g
THE CITY COUNCIL OF THE
SECTION 1. DEFINITIONS.
For purposes of this C
following meanings:
NORTH SAINT PAUL, A Minnesota Corporation, its successors and
ct, operate, repair and maintain in the City of MAPLEWOOD, Minnesota, an
n lines, including necessary poles, lines, fixtures and
, its inhabitants, and others, and to use the public
city for such purposes.
RAMSEY COUNTY, MINNESOTA, ORDAINS:
the following capitalized terms listed in alphabetical order shall have the
City. The City of Maplewood, County of Ramsey, State of Minnesota.
City Utility System. Facilities used for providing non-energy related public utility service owned or operated by
City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other
forms of energy.
Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an
agency of the federal government which preempts all or part of the authority to regulate electric retail rates now vested
in the Minnesota Public Utilities Commission.
January 8, 2007 City Council Meeting
Company. The City of North Saint Paul, a Municipal Corporation, its successors and assigns.
Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures,
and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public
use.
Notice. A written notice served by one party on the other party referencing one or more provisions of
this Ordinance. Notice to Company shall be mailed to The City of North Saint Paul City Clerk, 2400 Margaret
Street, North Saint Paul, MN 55109. Notice to the City shall be mailed to the City Clerk, City Hall, 1830 East
County Road B, Maplewood, MN 55109. Either party may change its respective address for the purpose of
this Ordinance by written notice to the other party.
Public Ground. Land owned by the City for park, open space or
common by the public.
Public Way. Any street, alley, walkway or other public rig
SECTION 2. ADOPTION OF FRANCHISE.
2.1 Grant of Franchise. City hereby grants Company, for a peric
approved by the City, the right to transmit and furnish electric energyfor light, I
and private use within and through the limits of the City as its boundaries now
future. Forthese purposes, Company may construct, operate, repairand mai
and across the Public Ways and Public Grounds of City, subject to the provisi
all reasonable things necessary or customary to accomplish these purpose:
regulations as may be imposed by the City pursuant to ordinance and to
agreement.
2.2 Effective Date; Wrl
after passage of this Ordinance, it
Council resolution may revoke this
within 90 days after publication.
2.3 Service and F
service in City are subject to
provide electric service is sut
to City by Company.
rpose, which is held for use in
in the
I of 20 years from the date passed and
mt, power and other purposes for public
exist or as they may be extended in the
tain Electric Facilities in, on, over, under
ns of this Ordinance. Company may do
I subject, however, to such reasonable
:he further provisions of this franchise
)tance. This franchise agreement shall be in force and effect from and
ice by Company, and its publication as required by law. The City by
agreement if Company does not file a written acceptance with the City
to be provided and the rates to be charged by Company for electric
the Commission. The area within the City in which Company may
ns of Minnesota Statutes, Section 216B.40.
W,
publication of this Ordinance will be paid by City and reimbursed
2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any
obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The
notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a
resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties mayjointly select
a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a
mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the
selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for
such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action
permitted by law.
1161ty-al i Isu, Kel I - 1:4 a :1*111 W- i MM
3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to
interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal
operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as
determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric
Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to
January 8, 2007 City Council Meeting
the extent not inconsistent with the terms Of this franchise agreement. Company may abandon underground Electric
Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit
interfering with G City improvement project, but0D|yhoth88xtent3UChCOndUitiSunCov8r8dbv8xCGv8tiOn8Spod0fthe
City improvement project.
3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City
consistent with the requirements 0fMinnesota Sbduhaa Chapter 216D.
3.3 Street Openings. Company shall not open or disturb any Public Way or Public Ground for any purpose
without first having bbai d a permit from the City, if required bv a separate ordinance,
reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other
utilities for similar facilities or work. Company may, however, open and disturb any Public Way or Public Ground
without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In
such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not
later than the second working day thereafter, Company shall obtain any required permits and pay any required fees.
3.4 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground,
Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and
shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly
as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish,
equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after
demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed
five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such
work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for
noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction
performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be
required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission
to install, replace or maintain facilities in a Public Way.
3.5 /vc
out of the failure to
lities. Nothing in this Ordinance relieves any person from liability arising
to avoid damaging Electric Facilities while performing any activity.
3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to
Public Ways or Public Ground where the City has reason to believe that Electric Facilities may affect or be affected by
the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways and
Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when
the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the
work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual
commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric
37 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water
utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by
Company, by another electric utility, by a telephone utility, or by any cable television company or other form of
communication company, In addition, the City shall pay for any added cost incurred by Company because of such use
by City.
4.1 Relocation of Electric Facilities in Public Ways. U the City determines b} vacate 8 Public Way for 8City
improvement project, or at City's cost to grade, negnade, or change the line of any Public VVmv, or construct or
reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located
therein if relocation is reasonably necessary tVaccomplish the City's pPUpqg8d public iOOp[oVe[O8DL Except as
provided in Section 4.3. Company shall relocate its Electric Facilities aLits own expense. The City shall give Company
reasonable notice Of plans tO vacate for 8 City improvement project, O[k}g[8de.[eg[8dS
Public Way 0rtO construct 0[ reconstruct any City Utility System. |f8 relocation iS ordered within five years 0f@ prior
relocation Of the same Electric Facilities, which was made at Company expense, the City shall reimburse Companyfor
January 8, 2007 City Council Meeting
non-betterment costs Onatime and material basis, prov that if a subsequent relocation iS required because Ofthe
extension of a City Utility System to8 previously unserved area, Company may bSrequired to make the subsequent
relocat Gd its expense. Nothing iO this Ordinance requires Company hJ relocate, remove, replace 0[ reconstruct 8tits
Ovvn expense its B8[thc Facilities where such relocation, r9nnOva|. replacement Or reconstruction is solely for the
convenience of the City and is not reasonably necessary for the construction 0r reconstruction 0f8 Public Way orCity
Utility System or other City improvement.
42 Relocation of Electric Facilities in Public Ground. City may require Company at Company's expense to
r8k]C8t8 or nRnlVve its E|8CtMC F8Ci|UU8S from PVUUC Gn}VnU upon a finding by City that the Electric F8[i|ith]G have
become or will become a substantial impairment to the existing or proposed public use of the Public Ground.
4.3 Pro'ects with Federal Funding. Relocation, removal, or rearrangement of any Company Electric
Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be
governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that
the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric
Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is
financially subsidized in whole or in part bythe Federal Government orany agency thereof, unless the reasonable non-
betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City
need not pay those portions of such for which reimbursement to it is not available.
4.4 ' No Waiver. The provisions of this franchise apply o
franchise from the City and shall not be construed to waive or modify any
within a Company right-of-way acquired by easement or prescriptive rigt
Ground was established, or Company's rights under state or county per
SECTION 5. TREE TRIMMING.
Company may trim U trees and Shmb in th
finds necessary to avoid interference with the proper construction, oper-c
Facilities installed hereunder, provided that Company shall save the City
and subject to permit or other reasonable regulation by the City.
M�*M
facilities constructed in reliance on a
obtained by Company for installations
, e the applicable Public Way or Public
mmndsof City k)the exten Company
pair and maintenance Of any Electric
3s from any liability arising therefrom,
6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all
liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair,
inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Ways and Public
Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for
losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of,
Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a
proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or
directed by City after notice of Company's determination.
6.2 Defense of City. In the event a suit is brought against the City under circumstances where this
agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice
thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If
Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not
settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is
not, as to third parties, 8 waiver of any defense or immunity otherwise available to the City; and Company, in defending
any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could
assert in its own behalf.
SECTION 7' VACATION OF PUBLIC WAYS.
The City shall give Company at least two weeks prior written notice of proposed vacation of8 Public Way.
Except where required for 8 City improvement project, Ul8v8C8UVnVf8nyPVb|iCVVav.8fter@h8inGta|katk}nOfEleCthC
Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the
January 8, 2007 City Council Meeting 10
r88s0n8b|8 cost Ofrelocating the same and the loss and expense resulting from such r9k}Caik}n are first paid to
Company. In no case, however, shall City be liable to Company for failure to specifically preserve a i under
Minnesota Statutes, Section 160.29.
SECTION 8. CHANGE IN FORM OF GOVERNMENT.
Any change inthe form of government of the City shall not affect the validity of this Ordinance. Any
governmental Unit succeeding the City shall, without the consent of C0nnpany, succeed to all of the rights and
obligations of the City provided in this Ordinance.
SECTION 9' FRANCHISE FEE.
9.1 Fee Schedule.
Customer Class
Fee Per Premise Per
Residential customers
Small C0—Non/Demand
Small C&|—Demand
Large Commercial & Industrial
$1.00
-__-
$45.00
9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the
City Council, which ordinance shall not be adopted until after written notice enclosing such proposed ordinance has
been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company
billing month after written notice enclosing such adopted ordinance has been served upon Company by certified
mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to
the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate
ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesserfranchise
fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be
effective against Company unless thefee imposed on each other customer classification is reduced proportionately
in the same or greater amount per class as the reduction represented by the lesser fee on the residential class.
9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply:
9.3 1 "Customer Class" shall refer to the classes listed On the Fee Schedule and @s defined nr
determined electric tariffs on file with the Commission.
9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes
from which a franchise fee would be collected if a separate ordinance were implemented immediately after the
effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new
Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement.
9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based
on the amount collected by Company during complete billing months during the period for which payment is to be made
by imposing a surcharge equal to the designated franchise feeforthe applicable customer classification in all customer
billings for electric service in each class. The payment shall be due the last business day of the month following the
period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however,
each change shall meet the same notice requirements and not occur more often than annually and mo change shall
require 8collection from any cUstOmerfor8|ectric service in excess of the amounts specifically permittedbvthis Section
9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. N0 franchise fee
shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its
customers in each applicable class [f customers bv imposing a surcharge in Company's applicable rates for electric
service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to
account for UDCOUmCtib|8S. refunds and correction 0f erroneous billings. Company agrees h]make its records available
for inspection by the City at reasonable times provided that the City and its designated representative agree in writing
not b}disclose any information which would indicate the amount paid by any identifiable customer or customers or any
January 8, 2007 City Council Meeting I I
other information regarding identified cuStVnn8nS. In addition, the Company agrees to provide at the time of each
poynl8Dt@ statement summarizing how the franchise fee paymentwas determined, including information showing any
8diuStn18DbS to the total sUn:h8[g8 billed in the period for which the payment is being made b3 GCCOUnt for any
Vnco||e[tib|Rs refunds Or error corrections.
8.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against
Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater
equivalent amount on the receipts from sales of energy within the City by any otherenergy supplier, provided that, as to
such 8 supplier, the City has the authority bJ require 8 franchise fee ortVimpose a tax. The "same 0r greater equivalent
amount" shall be measured, if practicable, by h collected as a franchise fee from each similar
customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount
collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use
related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the
purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate
ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the
foregoing conditions will be waived to the extent of such written consent,
SECTION 10. PROVISIONS OF ORDINANCE.
10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every
other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any
other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this
Ordinance, the provisions of this Ordinance shall prevail.
10.2 Limitation on Aipplicabilit . This Ordinance constitutes a franchise agreement between the City and
Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third
person (including the public at large) so as to constitute any such person as a third party beneficiary of the
agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person
not a party hereto.
SECTION 11.
Either party to this franchis4
subject of concern and the other pz
amendment is agreed upon, this
ordinance declaring the provision
the filing of Company's written coi
the City of the amendatory ordinz
ient may at any time propose that the agreement be amended to address a
onsider whether it agrees that the amendment is mutually appropriate. Ifan
ice may be amended at any time by the City passing a subsequent
amendment, which amendatory ordinance shall become effective upon
a.reto with the City Clerk within 90 days after the date of final passage by
MEMO
AN ORDINANCE IMPLEMENTI
SAINT PAUL, A MINNESOTA N
PROVIDING ELECTRIC SERVI
THE CITY COUNCIL OF THE C
JELECTR|C SERVICE FRANCHISE FEE ON THE CITY OFNORTH
|PAL CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR
THIN THE CITY OF K4APLEVVC)[]0.
OFMAPLEWOODDOES ORDAIN:
SECTION 1. The City ofMaplewood K4Uni[ip8| Code is hereby amended to include reference LO the following
Special Ordinance.
Subdivision 1. Purpose. The Maplewood City Council has determined that itiSin the best interest Of
the City to impose a franchise fee on those public utility companies that provide electric services within the City
of Maplewood.
January 8, 2007 City Council Meeting 12
(a) Pursuant to City Ordinance 877 a Franchise Agreement between the City OfMaplewood and The City
of North Saint Paul, 8 Minnesota corporation, its successors and @SSiQmS. the City has the right to
impose a franchise fee on The City of North Saint Paul, its successors and assigns, in an amount and
fee design GS set forth in Section 9 of the The City Of North Saint P8U| Franchise and in the fee
schedule attached hereto 8s Schedule A.
Subdivision 2' Franchise Fee Statement. Afranuhise fee is hereby imposed 0n The City of
North Saint Paul, its successors and assigns, under its electric franchise in accordance with the schedule attached
here [O and made apart of this Ordinance, commencing with The City of North Saint Paul, January 2007 billing
This fee isonaccount-based fee on each premise and not 8 meter-based fee. |n the event that an
entity covered by this ordinance has more than one meter at a single premise, but only one account, only one
fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the
Company may have an account for each rate classification, which will result in more than one franchise fee
assessment for electric service to that premise. If the
account, the franchise fee assessed b] the account will be the |
classification for energy delivered b3that
more than one premise, each premise (address)
question arises as to the proper fee amount for a
at all similar premises in the city will control.
n the event any
chise fee applicable to a single rate
covered by this ordinance have
ct to the ap
fee. In the event a
nner of billing for energy used
Subdivision 3. Payment. The said franchise fee shall be payable LV the City inaccordance
with the terms set forth in Section 8.4 of the Franchise.
Subdivision 4. Surcharge '. The City recognizes that the Minnesota Public Utilities
Commission allows the utility company to ad� a surcharge to customer rates to reimburse such utility company
for the cost of the fee and that The City of North Saint Paul will surcharge its customers in the City the amount
of the fee.
Subdivision 5. Record Support for Payment. The City of North Saint Paul shall make each
payment when due and, if required by the City, shall provide at the time of each payment a statement summarizing
how the franchise fee payment was determined, including information showing any adjustments to the total
surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or
error corrections.
Subdivision enforcement ofo default regarding
this ordinance will b8 resolved in accordance with Section 2.5 of the Franchise Agreement.
Subdivision 7. Effective Date of Franchise Fee. The effective date of this Ordinance shall bn after its
publication and after the sending of written notice enclosing a copy of this adopted Ordinance to The City of North
Saint Paul by certified mail. Collection of the fee shall commence aS provided in Subdivision 2.
Subdivision 8. Sunset Clause. This ordinance shall automatically sunset on December 31
the City Council acts t0 renew or extend the fee 8Lleast six (8) months prior L0the sunset date. The City Council
may unilaterally renew or extend the fee on the same terms and conditions. Without waiver Of any rights under
Minnesota law, the City Council shall seek agreement from Company if the City intends to change the fee rate or
bines the rate classifications into a single
January 8, 2007 City Council Meeting 13
fee design.
Franchise Fee Rates:
Electric Utility
The franchise fee for the following purposes hghL+}f-vv8y maintenance, street |
conservation, alternative energy sources and other city energy-related expens
by applying the following schedule per customer premise/per h based
the City:
Customer Class Fee Per Premise
Residential customers $0.50
Small C&|—Non/Demand
Small C&|—Demand wr 8
Large ConnnnerCi8| & Industrial $45.00 ;
Franchise fees are t0 be C0||Rct8d by the Utility
basis as follows:
January — March collections due
Anh| — JUDe collections due bv July ":
Ju|y — G b
October — December collections due
Seconded by
L. NEW BUSINESS
1. Liauor License APoUca0ion—Kennett
, burial Of power lines, energy
Ubeinon amount determined
A service to customers within
rate listed below, and submitted to the City on a quarterly
!r 31.
Uary31.
TE
le, Cub Discount Liquor Store —1OOVV. County
Road B
a. REaL Director/Interim Parks and Recreation Director presented the report.
C. Kenneth Stidfole, the applicant, was present for council questions.
CoVmci|nnember Cave moved L08r)r)n}v9 the |iaVOr license 8om|ic8iion for Kenneth SLidfol/
Seconded by Councilmember 0el|e Ayes-Mayor LOnghe.Counci|members
Cave, Hh8U88nd RVssbadn
Nays-COund|nnennberJVenenn8nn
2. Liquor License Application — Edward Bremer, Heritage Liquor —1347 Frost Avenue
8. FlE8L Director/interim Parks and Recreation [}ine[torGVi|fOi|R presented the report.
b. Ed Bremer, 1G55 MoC8ffey Street, St. Paul, the applicant, was present for council
questions.
January 8, 2007 City Council Meeting 14
Councilmember Cave moved to approve the liguor license application for Edward Bremer,
Heritage Liquor at 1347 Frost Avenue.
Seconded bvCoVmci|memb9rH
Ayes - M ayor LOnQhH and CoVmci|membRrs
Cave, HheUe and RoSsbgch
N8y-CounCi| member Juenenn8nn
3. /\nnV8| R9nevv8| VfLi Licenses [Jff-s8|8. On-sale, Wine and C|VU
8. RE8L [)irBCt0n1nL8h[n Parks and Recreation []irSnt0[
Councilmember Cave moved I
License Off-Sale and On-Sale
nted the report.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY C
MINNESOTA, that the following On-Sale, Off-Sale, Club and Wine Liquor Licenses, �
previously duly issued by this Council, are hereby approved for renewal for one year,
1, 2007, with approvals granted herein subject to satisfactory results of required Polic
On-Sale Liquor Licenses
Licensee
JiUSk0Oh8irn
Jose Valentin Leon
Lynn Roth
Dorot Piotrowsk
Jacse Lee
Nicholas Schwartz
C8M8K8ihe
Judith A. Landreville
Martin Mongoven
Bret Shociren
5-8 Tavern & Grill
Acapulco Mexican Restaurani
AMF Maplewood Lanes
Best Western Maplewood Inn
Bleechers Bar and Grill
Buffalo Wild Wings Grill
Chili's Grill & Bar #224
Chiootle Mexican Grill
Paul Mateyka
Dean's
Michael Gengler
Guldens Roadhouse
Cheryl Lynn Wolf
Huey's Saloon
Sherry Peak
Keller Golf Course Clu bhouse
Jeffrey Kehr
Myth Nightclub
Matthew Hinrichs
Noodles & Company
Gjon Prendi
Olive Garden #1200
Stephen Parr
Outback Steakhouse
Michael Pauly
Red Lobster #0283
Amanda Kranz -
StarQoh8 Bar & Dance Club
Philip Kenneth Poling T.G.|. Friday's #0472
Brian Meyer
The Bird Nightclub
Matthew K]e|os
The Chalet Lounge
Brian Bauman
The Rock
ress
2289 Minnehaha Ave
3069 White Bear Avenue
1955 English Street
3_1 Wh Bea ...—.
178O County Road [}
White Bear Avenue
3OO5 White Bear Avenue
1734 Adolphus Street
180O Beam Avenue
23O3 White Bear Avenue,
1980 Rice Street
1G98 White Bear Avenue
2Q98 North Highway 01
2425 Highway 01
210U Maplewood Drive
3090 SOUth|8vvD Drive
2O05 White Bear Avenue
174S Beam Avenue
1770 Beam Avenue
2925 White Bear Avenue
170O Rice Street, Suites J
3087 White Bear Avenue
3O35 White Bear Avenue
1820 Rice Street
2O29VVOUd|yDnAvenue
ng been
active January
:ire and health
January 8, 2007 City Council Meeting 15
Off-Sale Liquor Licenses
Licensee
GVn88tArn ja
Ar1 Liquor
PhiUipLu
Big Discount Liquor
Arthur Stein
L8bmr'aLiquOrS
Wendy Lauber
Maplewood Wine Cellar
How8ndRemer0vvski
MGM Liquor Warehouse
K48rvinKOppen
Party Time Liquor
B|ong[ee
Princess LiqUor'nTobacco
Chriat0pher8ornaok
Gornaok'S |nt1. Wine &Spirits
On-Sale Wine an
Licensee
B. K8iCh88| Di8be|
Robert Delmont
Bo|birSh0ke[
Alan Hartman
d Club
Goodrich Golf Course, Inc
Pei VV8i As Diner, Inc.
Taste OfIndia
yN8p|9w0Od yN0OSS Lodge
Seconded bvCoVnci|nnenlb8rH
4. Annual City Council Appointments
Mayor Longrie moved to appoint th
Seconded bvCouOd|08mbBr
Mayor Longrie moved
information requested.
Seconded by CouncilrT
Mayor Longrie moved
council representative
Mayor Lon
COOd8dbv
retfu
nrCova
8hiRnd|y
Address
18 Century Avenue North
2515 White Bear Avenue
170O0 Rice Street
1281 Frost Avenue
295O White Bear Avenue
1835E.LGrp8nL8UrAvenue
2728 Stillwater Road
23O5 Stillwater Road
�
Address
1820 Nor
3095 W
1745 � t
0
F-
vanmyt
Bear�
8 �vBnue
h Street
Jnn8nL d|S8|k}vvng free cable service for the
which he feels is inappropriate for elected
friendly amendment.
member Ayes-Mayor LDnghe
� @nUR0aSb8Ch
� N8y-COUnCi| members HU8||8and
JUHnern8nn
Appointment
800 MHz Dispatch Committee K8th|e8nJu8nen1onn
Will F<OSSb8Ch(4|tRnlGtR)
Acting Mayor* Rebecca Cave
*Rotation of acting mayors: 2005 N0/Ro8sb8Ch, 2006 Kathleen JUenennann
Data Compliance Officers:
Responsible Authority K8n}nGVilfoile
City Personnel Officer T8ni8Ranleaux
City Law Enforcement Officer David Thomalla
January 8, 2007 City Council Meeting 16
Fire Relief Association
Diana Longrie
Relief By-Laws require Mayor
Gayle Bauman (Staff Liaison)
to be member of the Board
Joint Ice Arena Board
Erik Hjelle
Rebecca Cave
Doug Taubman (Staff Liaison)
Municipal Legislative Commission
Diana Longrie
(Monthly, Wed. 11:30 a.m.-1:00 p.m.)
Rebecca Cave (Alternate)
N.E.S.T
Will Rossbach
(First Tuesday @ 7:30 p.m.)
Diana Longrie
Official Newspaper
Tabled for further data
The Partnership
Erik Hjelle
Mike Shortreed (Staff Liaison)
Police Civil Service Commission
Erik Hjelle
(Meets as Needed)
Terrie Rameaux (Staff Liaison)
Ramsey County League
Will Rossbach
of Local Governments
Kathleen Juenemann (Alternate)
Rarnsey[Washington
Kim Facile
Suburban Cable Commission
Rebecca Cave (Alternate)
Rush Line Corridor
Will Rossbach
Chuck AN (Staff Liaison)
Suburban Area Chamber
Diana Longrie
of Commerce
Suburban Rate Authority
Diana Longrie
(First month of quarter)
St. Paul Water Utility Will Rossbach
Board of Commissioners
Mayor Longrie moved to extend the meeting until all agenda items are complete
Seconded by Councilmember Hjelle Ayes-Mayor Longrie, Councilmembers
Cave, Hjelle and Rossbach
Nay - Councilmember Juenemann
A five minute break was taken.
5. Rules of Procedure for Public Hearings
a. REaL Director/interim Parks and Recreation Director Guilfoile presented the report.
Councilmember Hjelle moved to approve the draft of the Rules of Procedures for Public
Hearings.
Seconded by Councilmember Cave Ayes-All
January 8, 2007 City Council Meeting 17
�
7
Discontinuation CfPre-Agenda
a. City Manager Cope presented the report.
CoVnC|nnemb8rC8Ye moved to discontinue pre-agenda meetings and amend the Polices
Handbook accordingly.
Seconded bvCoVnCi|rnennb9rHke||e
Purchase of ATM Machines for City Hall and the Community C enter
e. REaL Director/interim Parks and Raoraat
nted the report.
Counc member Hjell moved to approve the purchase of ATM Machines from Ultimate ATIN
Service for $3,100 each (excluding tax) and for the installation of the necessary phone lines
City Hall and the Community Center.
Seconded by Councilmember Cave Ayes-All
Saint Clair Hills (Carver Avenue, east of 1-494)
Moratorium Variance
a. Planner Roberts presented the report.
b. Commissioner Trippler presented the Planning Commission report.
C. Jamie Jensen, 1517 Dawn Circle, Arden Hills, the applicant, was present for council
Council
1. Strict enforcement of the moratorium ordinance would not cause 8n undue hardship hD
the property orto the property owner.
2. There are no special circumstance or conditions in this case that warrant the city
approving a variance to the moratorium
3 rezoning (and then the proposed subdivision) would b8 premature and
vv0U|d not be co with the land use and zoning designations.
4. The proposed rezoning and subdivision would not meet the spirit and intent of the
moratorium ordinance.
Seconded by Councilmember Cave |
Mayor Longrie moved Lo deny the proposed zoning map change (from R-1 (R) to R-1) for the
proposed Saint Clair Hills development on Carver Avenue because:
January 8, 2007 City Council Meeting
18
1. The request does not meet all the criter required hv the city for 8 zoning map change.
This iG because the city cannot determine if the proposed zoning change would have any
negative effect upon the logical, efficient, and economical extension of public services and
facilities.
2. Staff is recommending that the city not grant the variance to the moratorium. The
mo ratorium prohibits the city from id h ng rezoning or development | the i
approves a variance to the moratorium.
3. The proposed rezoning is not consistent with the R-1(R) zoning that the city intends to
preserve the semi-rural lifestyle.
Seconded by Councilmember Hjelle Ayes-All
Mayor Longrie moved to support staff sending the applicant an extension notice to allow time for
Seconded bvC0uDC|[nSmbBrCave =
8. 2007 Membership D ue Payments to Municipal Legisl
Metropolitan Municipalities (Metro Cities)
a. City Manager Copeland presented the report.
Councilmember Hjelle moved to authorize payment c
Commission ($9,070) and the Association of Metroi)
10. Citizen Advi
_ C Manager Copeland ,r--_-- -,--
C0unSimembeeMi81|e moved to table this item 8Chiz
)n Commission
peland presented the report.
��
��
11
a. City K8an
Councilmember
the 2007 Nation
Countv Poor Fa
Commission and Association of
n Advisory Boards and Commissions
January 8, 2007 City Council Meeting
ILI
M. COUNCIL PRESENTATIONS
1. Recording
Mayor's Forum due to conce
_ Mounds Citv Superintendent _
by the Attorney C
council created a
did not appear th
inherently incoml
position to evalw
3. P0|iD8
&eStedChv Attorney Kantrud's opinion nD the recording nfthe
s residents have relayed to him.
elle shared a recent article from the Star Tribune regarding a decision made
, neral's Office regarding whether a public works employee serving on the city
incompatibility of offices. The Attorney Generals decision included that it
the office of city council member and city employee were necessarily or
itible and that local officials, and not the Attorney General, are in the best
:I- whether the position would constitute a conflict.
As the Council Liaison for the Police Civil Service ComnnisskJn, C0Vn[i|rn8rnber HURU9 shared
his dissatisfaction with not being notified of the recent emergency meeting of the Police Civil
Service Commission until after the fact. Me suggested 8 phone call in the future would be
beneficial and appreciated in the case Vfan emergency meeting.
January 8, 2007 City Council Meeting 20
N. ADMINISTRATIVE PRESENTATIONS
Incompatibility of Office
City Manager Copeland will be placing the recent decision made by the Attorney General's
office in the personnel files of Councilmember Hjelle and George Cave which indicates no
conflict of interest for city employees being serving on the city council.
2. Letterhead
City Manger Copeland presented a draft of proposed letterhead reflecting the City's 50th
Anniversary.
Mayor Longrie adjourned at 12:42 a.m.
January 8, 2007 City Council Meeting 21
AGENDA NO, 1 -1
AGENDA REPORT
TO: City Council
FRONT: Finance Director
1.� Aaa ZfITS- 03 due IhI1►I
DATE: January 22, 2007
Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the
bills and authorized payment in accordance with City Council approved policies.
ACCOUNTS PAYABLE:
$ 366,237.89 Checks # 71751 thru # 71803
dated 01/04107 thru 01/09/07
$ 285,532.19 Disbursements via debits to checking account
dated 12/29106 thru 01/04/07
$ 283,735.98 Checks # 71804 thru # 71863
dated 01/16/07
$ 116,146.47 Disbursements via debits to checking account
dated 01/05/07 thru 01110/07
$ 1,051,652.53 Total Accounts Payable
PAYROLL
$ 583,905.88 Payroll Checks and Direct Deposits dated 01/12/07
$ 2,618.41 Payroll Deduction check # 1000968 thru # 1000970
dated 01/12/07
$ 586,524.29 Total Payroll
$ 1,638,176.82 GRAND TOTAL
Attached is a detailed listing of these claims. Please call me at 651- 249 -2903 if you have any
questions on the attached listing. This will allow me to check the supporting documentation on rile
ds
attachments
S : \CTY_CLRK\Agenda Lists and Reports 20071Agenda Reports \01- 22 -07 \11 Approval of Claims.xls
0110512007
Check Date
71751
71752
71753
71754
71755
71756
71757
71758
71759
71760
71761
71762
71763
71774
71775
71776
71777
71778
71780
71781
71782
71783
71784
71785
71786
71787
71788
71789
71790
71791
71792
71793
t 1• 11
t 1• 11
i 1• Ii
t 1• 11
1 i• i1
i 1• Ii
i i• fi
i i• fi
t 1• 11
i 1• Ii
1 t• i1
i i• fi
1 i• i1
i 1• Ii
i i• fi
t 1• 11
Vendor
01088
03576
02728
02728
02728
01018
01149
01337
01504
01504
01504
01504
01546
01546
01190
01190
01798
01798
03729
03729
01284
01047
01047
01047
01047
00025
03335
00159
00174
00211
02929
03313
03658
00403
00103
00103
03303
03516
00612
03597
03330
03330
00718
00718
03581
00393
01085
01172
03785
03781
01202
00001
00001
00001
00001
00001
00001
00001
Check Register
City of Maplewood
MN POLLUTION CONTROL AGENCY
EUREKA RECYCLING
KIMLEY -HORN & ASSOCIATES INC
KIMLEY -HORN & ASSOCIATES INC
KIMLEY -HORN & ASSOCIATES INC
MINNEAPOLIS FINANCE DEPT
NATURAL RESOURCES RESTOR INC
RAMSEY COUNTY -PROP REC & REV
CITY OF ST PAUL
CITY OF ST PAUL
CITY OF ST PAUL
CITY OF ST PAUL
SUBURBAN SPORTSWEAR LLC
SUBURBAN SPORTSWEAR LLC
XCELENERGY
XCELENERGY
YOCUM OIL CO.
YOCUM OIL CO.
KNAAK & KANTRUD PA
KNAAK & KANTRUD PA
POSTMASTER
3M
3M
3M
3M
ABLE FENCE INC
AMERICAN ENGINEERING
PAUL BARTZ
STAN BELDE
BRAUN INTERTEC CORP.
CNAGLAC
DAMARCO SOLUTIONS LLC
CHARLES DEAVER
DISPUTE RESOLUTION CENTER
EARL F ANDERSON INC
EARL F ANDERSON INC
MYCHAL FOWLDS
ANTHONY GABRIEL
GYM WORKS INC
MARY JO HOFMEISTER
HOISINGTON KOEGLER GROUP INC
HOISINGTON KOEGLER GROUP INC
INDEPENDENT SCHOOL DIST #622
INDEPENDENT SCHOOL DIST #622
BRETT KROLL
DEPT OF LABOR & INDUSTRY
MN LIFE INSURANCE
NORTH HIGH ALUMNI CHOIR
NORTHDALE CONSTRUCTION CO, INC
NORTHERN ESCROW, INC
NYSTROM PUBLISHING CO INC
ONE TIME VENDOR
ONE TIME VENDOR
ONE TIME VENDOR
ONE TIME VENDOR
ONE TIME VENDOR
ONE TIME VENDOR
ONE TIME VENDOR
Description
WASTEWATER CERTIFICATION EXAM
RECYCLING STICKERS
PROJ 06 -16 PROF SRVS THRU 11130
PROJ 06 -10 PROF SRVS THRU 11/30
PROJ 04 -21 PROF SRVS THRU 11130
AUTO PAWN SYSTEM FEE - NOV
BUCKTHORN & HONEYSUCKLE
TRUTH IN TAXATION NOTICE
CRIME LAB SERVICES - NOV
STREET LIGHTING MAINT & REPAIR -
INTERVIEW & INTERROGATION
ASPHALT
T- SHIRTS AND SWEATSHIRTS
SWEATSHIRTS
ELECTRIC & GAS UTILITY
ELECTRIC & GAS UTILITY
UL GAS 89 OCT 10% ETH
B -2 DIESEL FUEL PERFORMANCE
LEGAL SERVICES - DEC
PROSECUTION SERVICES - DEC
POSTAGE FOR CITY NEWS
SIGNS - FILM, RIS, HIGH INTENSITY
CUBED REFLECTIVE SHTG
STOP SIGNS
SIGNS - TRANSFER TAPE ROLL
CANINE HANDLER KENNEL
PROJ 05 -16 TESTING SRVS
REIMS FOR PLAIN CLOTHES
REIMS FOR SHOES
PROJ 06 -16 PROF SRVS THRU 12/08
LONG TERM CARE INSURANCE - JAN
RIGHT -TO -KNOW SERVICE FEE
REIMS FOR MILEAGE 1211 - 12131
CHARITABLE GAMBLING AWARD
CHANNELPOSTS
CHANNELPOSTS
REIMS FOR INT,CELL,INTRO TO GTN
REIMS FOR EDUCATION
REPAIR OF FITNESS EQUIP
REIMB FOR MILEAGE 11/16 - 12120
PROJ 04 -21 GLADSTONE REDEV - NOV
PROJ 04 -21 GLADSTONE MASTER PLAN
SUPERVISION & POOL USAGE
YOUTH DANCE SUPV & CAFE USAGE
REIMB FOR SHOES
MONTHLY SURTAX - DEC
MONTHLY PREMIUM - JAN
CONCERT FOR 3M
PROJ 06 -10 COTTAGEWOOD PMT #2
PROJ 05 -29, LIFT STATION #18, PMT #2
CITY NEWSLETTER - DEC
REFUND BLAZIN WINGS OVERPD
REFUND E ASWAN - LICENSES
REFUND J JAMES - MEMBERSHIP
REF ANDERSON HTG BLDG PERMIT 06-
REFUND M TRIPLETT - MEMBERSHIP
REF KING ELECT BLDG PERMIT 06-
REFUND P SANDERS - SWIM LESSONS
Amount
32.00
4,100.00
31,815.85
23,531.28
3,191.92
481.00
6,603.00
2,659.31
365.00
340.85
200.00
184.25
1,000.00
695.00
10,374.10
1,154.74
16,366.00
14,950.64
8,250.00
8,250.00
5,000.00
1,701.34
889.49
809.77
74.28
958.50
295.40
194.82
59.99
10,417.50
600.44
1,500.00
27.77
654.00
2,831.84
- 615.04
170.00
513.50
347.77
12.68
1,387.46
1,276.35
1,849.45
34.50
85.00
1,708.67
3,317.91
100.00
27,992.28
59,735.60
2,281.00
1,500.00
448.00
168.00
66.10
27.69
23.90
14.00
4
0110512007
Check Date
71798
71799
WI �' Ii
1 t• i1
i 1' Ii
i 1' ti
Vendor
01254
01373
03531
01409
01409
01409
01409
01409
01409
01409
01409
01409
01409
01409
01409
01418
00198
00198
00198
01550
02705
01674
01730
PEPSI -COLA COMPANY
AUDRA ROBBINS
ROSSBACH CONTRUCTION INC
S.E.H.
S.E.H.
S.E.H.
S.E.H.
S.E.H.
S.E.H.
S.E.H.
S.E.H.
S.E.H.
S.E.H.
S.E.H.
S.E.H.
SAM'S CLUB DIRECT
ST PAUL REGIONAL WATER SRVS
ST PAUL REGIONAL WATER SRVS
ST PAUL REGIONAL WATER SRVS
SUMMIT INSPECTIONS
DAVE SWAN
USPCA
W.W. GOETSCH ASSOCIATES, INC.
53 Checks in this report.
Check Register
City of Maplewood
Description
MDSE FOR RESALE
REIMS FOR MILEAGE 6114 - 8130
INSTALL OAK INSERTS IN COUNCIL
PROJ 03 -07 PROF SRVS THRU 11/30
PROJ 03 -07 PROF SRVS THRU 11130
PROJ 06 -17 PROF SRVS - NOV
PROJ 06 -16 PROF SRVS - NOV
PROJ 04 -21 PROF SRVS 1011 - 11130
PROJ 06 -02 PROF SRVS - NOV
DOC FOR ENGR ELECT RECORDS
PROJ 03 -04 PROF SRVS 6115 - 11130
PROJ 06 -05 PROF SRVS - NOV
PROJ 06 -15 PROF SRVS - NOV
PROJ 02 -07 PROF SRVS - NOV
PROJ 04 -05 PROF SRVS - NOV
GYM SUPPLIES
ANNUAL AUTO FIRE SUPPLY
WATER UTILITY
WATER UTILITY
ELECTRICAL INSPECTIONS
REIMS FOR SHOES
K -9 ASSOCIATION DUES 2007
DIAPHRAGM GASKETS
Amount
646.00
117.04
3,528.00
37,310.24
24,690.04
10,184.32
8,329.30
4,582.33
3,729.02
1,471.80
1,450.33
1,369.84
1,049.14
553.24
220.50
168.20
745.51
23.85
22.10
2,684.00
69.99
40.00
248.20
•• :•
3
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Transmitted Settlement
Date Date Payee
12/2O/08
12/28/OG
12/2800
12/29/O6
12/29/O6
12/29/OS
12/29/OS
12/2S/08
12/2S/08
12/28/00
12/280G
12/29/O6
O1/02/O7
01/03/O7
12/29/O0
12/288)6
U1/U2/U7
U1/O2/07
U1/O2/U7
01/02/07
01/02/07
O1/02/O7
O1/O2/O7
U1/U2/U7
U1/03/U7
U1/O3/U7
O1/O3/07
01/04/07
MN State Treasurer
|CMA (Vanbagapoinba)
K4N State Treasurer
U.S.Tn*asun*r
VV| Dept ofRevenue
MN Dept ofNatural Resources
Orchard Trust
US Bank
MidAmoehoa - |NG
Labor Unions
MN State Treasurer
P.ER.A.
Discover
MN State Treasurer
Description
Drivers License/Deputy Registrar
Deferred Compensation
Drivers License/Deputy Registrar
Federal Payroll Tax
State Payroll Tax
DNRe|eo(nonic licenses
Deferred Compensation
Credit Card fees
HRA Rex plan
Union Dues
State Payroll Tax
P.E.R.A.
Credit Card fees
Drivers License/Deputy Registrar
Amount
12,428.50
5,289.37
14
95,743.79
3,092.11
779.00
24.818.98
1,530.92
2,899.44
4
18,960.25
62,069.22
138.85
88
11
Check Register
City of Maplewood
0111212007
Check
71804
71805
71806
71807
71808
71809
71810
71811
71812
71813
71814
71815
71816
71817
71818
71819
71820
71821
71822
71823
71824
71825
71826
71827
71828
71829
71830
71831
71832
71833
71834
71835
71836
71837
71838
71839
71840
71841
71842
71843
71844
71845
71846
71847
1 • i1
i • Ii
i • fi
t • 11
i • fi
t • 11
i • Ii
i • Ii
t • 11
i • Ii
i • fi
T• ••
� •E
� •E
1
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11
ti
11
fill
ASPEN EQUIPMENT CO
ERICKSON OIL PRODUCTS INC
MRPA
CITY OF ST PAUL
XCELENERGY
XCELENERGY
XCELENERGY
XCELENERGY
RAMSEY COUNTY
UNIVERSITY OF MINNESOTA
10,000 LAKES CHAPTER
AMEM
ABLE FENCE INC
ACCURATE RADAR SPECIALTIES
AGGREGATE INDUSTRIES NCR INC
AGGREGATE INDUSTRIES NCR INC
ANIMAL CONTROL SERVICES INC
APPEARANCE PLUS CAR WASH
ASSN OF METRO MUNICIPALITIES
ASSN OF MN BUILDING OFFICIALS
BARR ENGINEERING CO
BETHEL & ASSOCIATES, PA
BRIAN BIERDEMAN
JAMES BURAU
C.S.C. CREDIT SERVICES
CLAREYS SAFETY EQUIPMENT
DGM INC.
DGM INC.
DGM INC.
DGM INC.
DGM INC.
DGM INC.
DGM INC.
DGM INC.
DGM INC.
DGM INC.
DGM INC.
TOM DOUGLASS
ELPIS ENTERPRISES
VIRGINIA ERICKSON
GARCEAU HARDWARE & POWER
HUNT ELECTRIC CORP
DEPT OF LABOR & INDUSTRY
MEMA
MARSDEN BLDG MAINTENANCE CO
JERROLD MARTIN
METRO FIRE CHIEFS ASSN
MN CHAPTER OF MAPMO
MN GFOA
MN STATE FIRE CHIEFS ASSOC
MN VOLUNTARY ORG ACT DISASTER
MUNICIPAL LEGISLATIVE COMM
NORTH CENTRAL EMS COOPERATIVE
ONE TIME VENDOR
ONE TIME VENDOR
ONE TIME VENDOR
ONE TIME VENDOR
ONE TIME VENDOR
Description
AUTOCRANE TITAN SERVICE BODY
CAR WASHES - DEC
VOLLEYBALL TEAM REGISTRATIONS
HYDRANT & WATER USAGE
ELECTRIC & GAS UTILITY
ELECTRIC & GAS UTILITY
ELECTRIC & GAS UTILITY
ELECTRIC & GAS UTILITY
RECORD DEED -TIRE VIEW ESTATES
CLASS REGISTRATION - WORKSHOP
MEMBERSHIP DUES
MEMBERSHIP DUES
CONSTRUCTION OF KENNEL FOR
RADAR CALIBRATION
WINTER SAND
WINTER SAND
PATROL & BOARDING FEE 12/18 -12/31
CAR WASHES - DEC
MEMBERSHIP DUES
MEMBERSHIP DUES
PROFESSIONAL SRV 10/07-12/01
HR SERVICES 12/14 - 12129
K -9 MAINT - 1115 -1131
REIMS FOR UNIFORMS
APPLICANT BACKGROUND CHECKS
REPAIR SCBA'S
TOW FORFEITURE VEHICLE
TOW FORFEITURE VEHICLE
TOW FORFEITURE VEHICLE
TOW FORFEITURE VEHICLE
TOW FORFEITURE VEHICLE
TOW FORFEITURE VEHICLE
TOW FORFEITURE VEHICLE
TOW FORFEITURE VEHICLE
TOW VEHICLE
TOW FORFEITURE VEHICLE
TOW FORFEITURE VEHICLE
REIMS FOR TUITION & BOOKS
BUILD BIRDFEEDER - INSTRUCTOR
REIMS FOR UNIFORMS
CHAINSAWS
REPAIR OF BLDG AT GETHSMANE
FIRE STATION 1
MEMBERSHIP DUES
CLEAN SEWER BACKUP
REIMS FOR UNIFORMS
MEMBERSHIP DUES
MEMBERSHIP DUES
MEMBERSHIP RENEWAL
MEMBERSHIP DUES
MNVOAD SEMINAR
ANNUALDUES
MEMBERSHIP DUES
CLAIM E SHURSEN PROJ 04 -15
REFUND P MURRAY - MEMBERSHIP
REFUND JOHNSON PLUMBING - PERMIT
REFUND LOFGREN HTG- PERMIT
REFUND I WEBER - AEROBIC CARD
Amount
16,325.98
68.16
1,072.00
982.93
6,818.42
4,868.42
4,668.95
46.86
56.00
900.00
100.00
235.00
958.50
820.00
1,312.35
1,284.97
1,208.17
96.20
8,987.00
400.00
75.61
8,531.50
17.50
184.96
50.00
668.80
143.78
122.48
122.48
122.48
90.53
90.53
90.53
90.53
90.53
90.53
90.53
496.40
55.00
190.70
1,185.14
313.61
35.00
60.00
639.00
144.73
100.00
75.00
80.00
305.00
20.00
9,070.00
75.00
13,000.00
795.56
128.50
90.10
50.00
Check Register
City of Maplewood
0111212007
Check
71848
71849
71850
71851
71852
71853
71854
71855
71856
71857
71858
71859
71860
71861
71862
71863
t • 11
1 • i1
i • fi
1 • 11
T• r•
1111
1111
1111
1 :•
1i ••
1 11'
1 �•
i .
1 .
1 1:
/ 1
/
1 :1
ONE TIME VENDOR
ONE TIME VENDOR
ONE TIME VENDOR
PATRICK GRAPHICS & TROPHIES
PRAIRIE RESTORATIONS INC
PREMIER BANK
DEPT OF PUBLIC SAFETY
DEPT OF PUBLIC SAFETY
RAMSEY COUNTY PUBLIC WORKS
RICK JOHNSON DEER & BEAVER INC
TOUSLEY FORD, INC.
TOUSLEY FORD, INC.
JOSEPH IRAN
TSE, INC.
THE WATSON CO INC
WELLS FARGO BROKERAGE SERV LLC
ZIEGLER INC.
60 Checks in this report.
Description
REFUND D ALLEN - PROGRAM
REFUND M HILL - MEMBERSHIP
REFUND P HENSLEY - LUNCH BUNCH
VOLLEYBALL TROPHIES
MULCHED CO RD D & HAZELWOOD
SAFE DEPOSIT BOX 00149
CJDN QUARTERLY PMT
TRANSFER TITLE OF FORFEITURE
RIGHT -OF -WRY REGISTRATION
DEER REMOVAL - DEC
SQUAD CAR UPGRADE
SQUAD CAR UPGRADE
REIMS FOR PALM PILOT
JANITORIAL SERVICES 11112 - 12/23
MDSE FOR RESALE
2004F BOND PAYMENT
RENTAL & TRANSPORTATION OF D6
Amount
22.00
15.89
4.00
104.00
750.00
75.00
1,921.58
87.50
25.00
100.00
91.84
91.84
250.00
1,386.00
354.08
188,046.50
1,618.80
A
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Transmitted Settlement
Date Date Payee
Description
01/04107
01/05/07
K4N State Treasurer
Drivers License/Deputy Registrar
018)2K)7
01/05807
ARC Administration
DCRP& Flex plan payments
01/05/07
01/08/07
K4N State Treasurer
Drivers License/Deputy Registrar
01/05/07
01/08/07
MN Dept ofNatural Resources
DNFlelectronic licenses
01/08/07
01/09/07
MN State Treasurer
Drivers Licenne/DeputyRegistrar
01/09/07
01/10/07
MN State Treasurer
Drivers License/Deputy Registrar
01/05/07
01/10/07
US Bank VISA One Card*
Purchasing card items
TOTAL
*Detailed listing of VISA purchases isattached.
Amount
13.112.30
5,6O7.%Z
15
3,008.00
21.108.44
14,501.25
43.024.93
r
Visa Transactions 12 -23 -06 to 1 -5 -07
Trans Date Posting Date Merchant Name
12/27/06
12/28/06
TARGET 00011858
12/27/06
12/29/06
SHRED -IT
01/01/07
01/03/07
ARROWHEAD EMS ASSOCIAT
12/28/06
12/29/06
PRECOR
12129/06
01/02/07
HENRIKSEN ACE HARDWARE
01/02/07
01/03/07
HUNT ELECTRIC CORPORATION
12/21/06
12/26/06
OFFICE MAX 00002204
12/22/06
12/26/06
OFFICE DEPOT #1090
12/24/06
12/26/06
THINK ALL
12/28/06
12/29/06
AMAZON.COM
12/28/06
12/29/06
PETSMART 00004614
12/28/06
12/29/06
KNOWLANS #2
12/28/06
01/02/07
BLUE RIBBON BAIT & TACKLE
12/27/06
12/28/06
UNITED RENTALS #D09
12/27/06
12/29/06
OFFICE DEPOT #375
01/03/07
01/04/07
FERGUSON ENTERPRISES #525
12/22/06
12/26/06
DEX EAST- LOCKBOX
12/27/06
12/28/06
TARGET 00011858
01/03/07
01/05/07
RX EXPRESS MARKETING INC
12/22/06
12/26/06
GE CAPITAL
12/27/06
12/28/06
GE CAPITAL
12/27/06
01/03/07
GE CAPITAL
12/28/06
12/29/06
12/21/06
12/22/06
12/26/06
12128/06
01/03/07
01/03/07
12/26/06
12/29/06
12/26/06
12/29/06
01/02/07
01/02/07
12121/06
12/22/06
12/27/06
12/27/06
12/29/06
01/02/07
12/26/06
12/26/06
12/28/06
12/29/06
01/05/07
01/05/07
12/28/06
01/02/07
12/28/06
01/02/07
01/03/07
01/03/07
12/26/06
12/26/06
12/28/06
12/29/06
APEX MANAGEMENT SERVICES
GEORGE'S SHOE STORE
THE HOME DEPOT #4935
FRATTALLONE'S ACE HDWE
THE HOME DEPOT 2810
FRATTALLONE'S ACE HDWE
THE HOME DEPOT 2810
RYCO SUPPLY COMPANY
SEARS ROEBUCK 1122
LAKE SUPERIOR COLLEGE
TARGET 00021352
TARGET 00011858
WMS *WASTE MGMT WMEZPAY
WMS *WASTE MGMT WMEZPAY
BERBEE INFORMATION NETWRK
SPRINT PCS- 995 -SP WEB
METRO SALES INC
RDC
12/27/06
12/29/06
PROFIT SYSTEMS INC
12/28/06
12/29/06
QWESTCOMM *TN651
12/28/06
01/02/07
SPRINT PCS #226
12/29/06
01/02/07
GHG CORPORATION
12/29/06
01/02/07
LASERQUIPT, INC
01/04/07
01/05/07
AT &T ARBOR /ESB
12/21/06
12/26/06
HP ASSISTED SERVICE
i►�f►x:11 Fl!W D Y�Wfl2NUT I_l cI:8 :LAIR[* =iON it9�
12/28/06
01/02/07
SOFTWARE HOUSE INTL
01/03/07
01/05/07
LASERQUIPT, INC
12/29/06
01/02/07
PAKOR INC
12/29/06
01/02/07
OFFICE DEPOT #1090
12/29/06
01/02/07
PRAIRIE MOON NURSERY 1
12/26/06
12/27/06
TARGET 00011858
01/03/07
01/05/07
GOPHERSPORT /PLAYWPURPOSE
19il�i f r �FTriTT
$2.64
MANDY ANZALDI
$143.19
JOHN BANICK
$530.00
JOHN BANICK
$67.36
JIM BEHAN
$43.58
JIM BEHAN
$85.00
JIM BEHAN
$17.56
CHAD BERGO
$1,569.19
CHAD BERGO
$49.90
CHAD BERGO
$131.47
CHAD BERGO
$15.87
OAKLEY BIESANZ
$5.58
OAKLEY BIESANZ
$3.09
OAKLEY BIESANZ
$63.88
TROY BRINK
$25.53
TROY BRINK
$184.21
TROY BRINK
$35.95
HEIDI CAREY
$5.31
HEIDI CAREY
$676.00
HEIDI CAREY
$158.69
LINDA CROSSON
$158.69
LINDA CROSSON
($158.69)
LINDA CROSSON
$25.00
LINDA CROSSON
$225.25
KERRY CROTTY
$335.07
CHARLES DEAVER
$21.35
CHARLES DEAVER
$16.77
CHARLES DEAVER
($5.31)
CHARLES DEAVER
$6.37
CHARLES DEAVER
$36.08
CHARLES DEAVER
$104.99
DOUG EDGE
$200.00
ANDREW ENGSTROM
$21.25
LARRY FARR
$9.57
LARRY FARR
$351.19
LARRY FARR
$351.19
LARRY FARR
$465.61
MYCHAL FOWLDS
$122.52
MYCHAL FOWLDS
$1,365.00
MYCHAL FOWLDS
$862.23
MYCHAL FOWLDS
$834.30
MYCHAL FOWLDS
$66.45
MYCHAL FOWLDS
$319.49
MYCHAL FOWLDS
$1,600.00
MYCHAL FOWLDS
$340.75
MYCHAL FOWLDS
$1,013.60
MYCHAL FOWLDS
$331.75
NICK FRANZEN
$4,217.40
NICK FRANZEN
$1,520.82
NICK FRANZEN
$224.78
NICK FRANZEN
$28.18
PATRICIA FRY
$46.28
PATRICIA FRY
$800.00
VIRGINIA GAYNOR
$21.26
MIKE GRAF
$159.32
MIKE GRAF
Visa Transactions 12 -23 -06 to 1 -5 -07
Trans Date
01/04/07
01/04/07
12/28/06
12/26/06
01102/07
01/03/07
12/27/06
01/01/07
12/29/06
12/22/06
12/28/06
12/28/06
12/28/06
12/28/06
01/02/07
12/31/06
12/29/06
12/21/06
12/21/06
12/23/06
12/29/06
01/02/07
12/27/06
12/29/06
12/27/06
12/30/06
01/02/07
12128/06
12/28/06
01/02/07
01/02/07
12/29/06
01/01/07
12/27/06
01/03/07
12/27/06
12127/06
12/27/06
12/26/06
12/21/06
12/26/06
12/29/06
01/02/07
01/03/07
12/26/06
12/28/06
12/28/06
12/29/06
01/04/07
12/29/06
01/02/07
01/02/07
12/21/06
12/21/06
12/21/06
Posting Date
01/05/07
01/05/07
01/02/07
12/28/06
01/03/07
01/04/07
12/29/06
01/03/07
01/02/07
12/26/06
01/02/07
12/29/06
12/29/06
12/29/06
01/04/07
01/02/07
01/02/07
12/26/06
12/26/06
12/26/06
01/02/07
01/03/07
12/28/06
01/02/07
12/29/06
01/02/07
01/03/07
01/02/07
01/02/07
01/04/07
01/03/07
01/02/07
01/03/07
12/28/06
01/05/07
12/29/06
12/29/06
12/29/06
12/27/06
12/26/06
12/27/06
01/02/07
01/03/07
01/05/07
12/27/06
01/02/07
12/29/06
01/02/07
01/05/07
01/02/07
01/03/07
01/03/07
12/26/06
12/26/06
12/26/06
JUMP ROPES COUNTER
SPRINT AQUATICS
OFFICE MAX 0000 2204
RED WING SHOE STORE
MENARDS 3059
MENARDS 3129
NYSTROM
DE LAGE LANDEN OP01 OF !
LAKE SUPERIOR COLLEGE
SUPERAMERICA 4022 •64
USPS POSTAL •.
SUPREME AUDIO INC
FITNESS WHOLESALE INC
.. PRODUCTS
WATER ,.
VZW `•• CCVISIONNO
LAKE • !• COLLEGE
UNIFORMS E INC
RUNNERS .
LAKE SUPERIOR COLLEGE
ECI*GOTOMYPC.COM
OF ! •
LAKE • !• COLLEGE
JEFFERSON FIRE ; SAFETY I
• j NORTH CENTRAL
KATH j • j
• PARTS
PTS TOOL SUPPLY
THE HOME DEPOT ii
HENRIKSEN ACE HARDWARE
OFFICE MAX 0000 2204
METROCALL ARCH WIRE
FIRST CINTAS
RED • STORE
OFFICE DEPOT i'!
OFFICE DEPOT i'!
OFFICE DEPOT i•1
STITCH AND CLEAN INC
OFFICE DEPOT !'!
OFFICE DEPOT i'!
OFFICE DEPOT i'1
OFFICE DEPOT • i'1
OFFICE DEPOT !•!
OFFICE DEPOT i'!
OFFICE DEPOT i•i
DATA ! !
TARGET 00011858
NATIONAL CAMERA EXCHANGE
FEDEX • •!•
CAPITAL GE
SPRINT *WIRELESS SVCS
KATH AUT• PARTS
TOUSLEY FORD 127200039
Trans Amount
Name
$80.93
MIKE GRAF
$401.67
MIKE GRAF
$123.45
KAREN E GUILFOILE
$142.80
MARK HAAG
$21.34
PATRICK HEFFERNAN
$5.10
PATRICK HEFFERNAN
$880.76
ANN E HUTCHINSON
$206.61
ANN E HUTCHINSON
$325.00
JON JAROSCH
$7.32
KEVIN JOHNSON
$40.00
LOIS KNUTSON
$498.00
MARY B KOEHNEN
$233.75
MARY B KOEHNEN
$167.50
MARY B KOEHNEN
$273.14
MARY B KOEHNEN
$66.20
DUWAYNE KONEWKO
$125.00
STEVEN KUMMER
$93.50
DAVID KVAM
$67.50
DAVID KVAM
$50.00
DAVID KVAM
$125.00
ERIN M LABEREE
$19.95
ERIN M LABEREE
$130.00
RANDY LINDBLOM
$125.00
RANDY LINDBLOM
$129.00
STEVE LUKIN
$903.83
STEVE LUKIN
$268.50
STEVE LUKIN
$4.88
GORDON MALLORY
$23.43
GORDON MALLORY
$24.73
DAN MARTIN
$62.83
MARK MARUSKA
$140.56
ED NADEAU
$39.18
ED NADEAU
$53.80
BRYAN NAGEL
$164.90
BRYAN NAGEL
($126)
AMY NIVEN
($49.91)
AMY NIVEN
$331.69
AMY NIVEN
$56.39
ERICK OSWALD
$59.68
MARY KAY PALANK
$34.97
MARY KAY PALANK
$10.16
MARY KAY PALANK
$50.08
MARY KAY PALANK
$36.65
MARY KAY PALANK
$59.28
KATHLEEN PECK HALL
$55.37
KATHLEEN PECK HALL
$1,260.00
PHILIP F POWELL
$403.64
PHILIP F POWELL
$31.94
PHILIP F POWELL
$69.74
ROBERT PRECHTEL
$331.22
WILLIAM J PRIEFER
$357.52
WILLIAM J PRIEFER
$66.40
STEVEN PRIEM
$184.31
STEVEN PRIEM
$281.04
STEVEN PRIEM
1
Visa Transactions 12 -23 -06 to 1 -5 -07
Trans Date
12/23/06
12/27/06
12/27/06
12/28/06
12128/06
12/29/06
01/02/07
01/02/07
01/03/07
12/22/06
12/28/06
01/04/07
01/02/07
12/28/06
12/26/06
12/26/06
12/27/06
12/28/06
12/28/06
12/28/06
01/03/07
01/03/07
01/04/07
12/26/06
12/22/06
12/22/06
12/27/06
12129/06
12/21/06
01/03/07
12/21/06
12/21/06
12/27/06
01/01/07
12/21/06
12/28/06
12129/06
12/29/06
01/03/07
12/21/06
12/22/06
12/28/06
12/22/06
12/27/06
12/29/06
12/29/06
12/29/06
01/02/07
01/03/07
12/29/06
12/29/06
01/01/07
12/23/06
01/02/07
12/27/06
Posting Date
12/26/06
12/28/06
12/29/06
12/29/06
01/02/07
01/02/07
01/04/07
01/05/07
01/04/07
12/26/06
12/29/06
01/05/07
01/03/07
12/29/06
12/28/06
12/28/06
12/29/06
12/29/06
01/02/07
01/02/07
01/04/07
01/05/07
01/05/07
12/27/06
12/26/06
12/26/06
12/29/06
01/02/07
12/26/06
01/04/07
12/26/06
12/26/06
12/29/06
01/02/07
12/26/06
01/02/07
01/02/07
01/02/07
01/04/07
12/26/06
12/26/06
01/02/07
12/26/06
12/28/06
01/02/07
01/02/07
01/02/07
01/04/07
01/05/07
01/02/07
01/02/07
01/02/07
12/26/06
01/03/07
12/28/06
I T' i erchant l ame
FACTORY MOTOR PARTS #19
TRUCK UTILITIES INC
KATH # PAR P
POLAR CHEVROLET
MERIT - • CO
T OUSLEY FORD 127200039
BOYER FORD TR UCKS
AMERICAN FASTENER & SU
A LLST A TE S LE
UNIF UNLIMITE INC
111 PRICE CO
SPRINT
MN OCCUPATIO
HILLY MINNE
PO INT CAMP MINI
W ONDER/HOSTESS •4
MILLS FLEET F
CUB F • ,
SUN RA L
SUN RA Y LANES
" TAR GET iii
MILLS FLEET FARM #27
AR • 1
GA RCEAU HARDWARE AND PO
P I O NEER PR ESS SUBSC
USPS 2 6636500 15
OFFICE DEPOT i'1
FLOWERS ..
• POWER EQUIP
MEN ARDS 3059
OFFICE DEPOT i•1
OFFICE DEPOT i'!
SHRE
T-M
UNIF UNLIMITE INC
UNIF ! INC
UNIF ! INC
UNIF ! INC
HEAD LITES CORPORATION
OFFICE DEPOT i'!
OFFICE DEPOT i'!
OFFICE DEPOT i'1
WEBER ELECTRIC
HENRIKSEN ACE HARDWARE
CENTE MUSKA LIGHTING MUSKA LIGHTING
CENTE MUSKA LIGHTING
CENTE
HIRSHFIEL A• # #!
HIRSHFIEL A• # #!
SPARTAN PROMOTIONAL G..
S PARTAN PROMOTIONAL GT-MOBILE
• •
FSH C OMMUNICATION01 OF i
P I R TCK MI
19'�i f r �FTriT2
$38.60
STEVEN PRIEM
$9
STEVEN PRIEM
$37.10
STEVEN PRIEM
$41.68
STEVEN PRIEM
..
.0
STEVEN PRIEM
$29.74
STEVEN PRIEM
$2 8 . 63
STEVEN PRIEM
$ 34 .6 1
PR IEM
$193.00
KEVIN R ABBETT
$1, 078.00
RABB
$2,170.43
KEVIN RABBETT
$64 5.58
MICHAEL REILLY
$700.00
' !' ROBB
$77.96
' i• ROBB
$9
1 ! • j ROBB
$102.78
' i•j ROBB
$49
1 !•1 ROBB
$29.23
ROBERT RUNNING
$50.05
H• • • RYD
H RYD
i
H RYD
H RYD
$57.07
JAMES SCHIN DELDECKER
1
JAMES SCHINDELDECKER
$219.24
DEB SCHMID
',4• •
DEB SCHMID
$17.
DEB SCHMID
$45.01
•
$55.84
MICHAEL • - - !
$84.46
MICHAEL SHORTREED
$44.95
MICHAEL SHORTREED
$1 00.00
MICHAEL SHORTREED
$955
MICHAEL SHORTREED
$16.06
ANDREA SINDT
$,i
ANDREA i
$187.41
ANDREA !
$468.62
1 •
',.•
•
$160.66
•
$75.
LYLE SWANSO
$156
LYLE SWANSO
$13.83
LYLE 1 •
$22.87
LYLE •
!
DOUGLAS :
'f
DOUGLA
$93.36
DOUGLAS J TAUBMA
JU DY TETZLAFF
:
JUD TETZLAFF
$2
TODD TEVLIN
iff
Visa Transactions 12 -23 -06 to 1 -5 -07
Trans Date Posting Date Merchant Name
12/26/06
12/28/06
RIFFS INC
12/28/06
01/02/07
PROFEEL MARKETING INC
01/01/07
01/03/07
ARROWHEAD EMS ASSOCIAT
12/22/06
12/26/06
PIONEER PRESS SUBSCRIPTI
12128/06
12/29/06
ANCOM TECHNICAL CENTER IN
01/03/07
01/04/07
MYR *MYRON MANUFACTURIN
01/04/07 01/05/07 FIREHOUSE /CYGNUS
01/04/07 01/05/07 ANCOM TECHNICAL CENTER IN
$382.33
DAVID J THOMALLA
$1,799.80
DAVID J THOMALLA
$386.00
DAVID J THOMALLA
$31.20
SUSAN ZWIEG
$726.82
SUSAN ZWIEG
$274.20
SUSAN ZWIEG
$40.00
SUSAN ZWIEG
$104.00
SUSAN ZWIEG
$43,024.93
ill
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
01/12/07
CAVE, REBECCA
397.80
01/12/07
HJELLE, ERIK
397.80
01/12/07
JUENEMANN, KATHLEEN
397.80
01/12/07
ROSSBACH, WILLIAM
397.80
01/12/07
COPELAND, EUGENE
3,090.00
01/12/07
RYDEL, HARRIET
1,565.60
01/12/07
FARR, LARRY
1,912.51
01/12/07
SWANSON, LYLE
1,711.57
01/12/07
ARNOLD, AJLA
84.00
01/12/07
PALANK, MANDY
291.50
01/12/07
RAMEAUX, THERESE
2,670.96
01/12/07
SCHMIDT, DEBORAH
1,647.75
01/12/07
ANDERSON, CAROLE
958.43
01/12/07
BAUMAN, GAYLE
3,898.35
01/12/07
DEBILZAN, JUDY
720.00
01/12/07
JACKSON, MARY
1,873.35
01/12/07
KELSEY, CONNIE
2,116.69
01/12/07
TETZLAFF, JUDY
1,873.35
01/12/07
FRY, PATRICIA
1,754.82
01/12/07
GUILFOILE, KAREN
3,391.34
01/12/07
MORSON, JOHN
383.04
01/12/07
SPANGLER, EDNA
921.45
01/12/07
ANDERSON, SUZANNE
614.25
01/12/07
JAGOE, CAROL
1,725.55
01/12/07
KELLY, LISA
1,400.11
01/12/07
MECHELKE, SHERRIE
1,109.48
01/12/07
MOY, PAMELA
1,019.33
01/12/07
OSTER, ANDREA
1,836.90
01/12/07
WEAVER, KRISTINE
1,839.76
01/12/07
BANICK, JOHN
71,262.74
01/12/07
CORCORAN, THERESA
1,677.35
01/12/07
POWELL, PHILIP
2,394.54
01/12/07
RICHIE, CAROLE
1,684.28
01/12/07
THOMALLA, DAVID
4,429.00
01/12/07
ABEL, CLINT
2,400.11
01/12/07
ALDRIDGE, MARK
2,730.67
01/12/07
ANDREWS, SCOTT
3,828.43
01/12/07
BAKKE, LONN
2,795.74
01/12/07
BARTZ, PAUL
3,210.82
01/12/07
BELDE, STANLEY
3,000.67
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
01/12107
BIERDEMAN, BRIAN
2,400.11
01/12107
BOHL, JOHN
3,714.10
01/12107
BUSACK, DANIEL
2,448.52
01/12107
COFFEY, KEVIN
2,745.77
01/12107
CROTTY, KERRY
2,667.76
01/12107
DOBLAR, RICHARD
3,861.37
01/12107
GABRIEL, ANTHONY
2,288.52
01/12107
HEINZ, STEPHEN
2,537.23
01/12107
HIEBERT, STEVEN
2,772.07
01/12107
JOHNSON, KEVIN
3,564.84
01/12107
KALKA, THOMAS
686.28
01/12107
KARIS, FLINT
3,213.45
01/12107
KONG, TOMMY
2,422.18
01/12107
KROLL, BRETT
2,451.61
01/12107
KVAM, DAVID
3,523.42
01/12107
LANGNER, TODD
2,214.48
01/12107
LARSON, DANIEL
2,702.21
01/12107
LU, JOHNNIE
2,650.41
01/12107
MARINO, JASON
2,400.11
01/12107
MARTIN, DANIEL
654.68
01/12107
MARTIN, JERROLD
2,514.38
01/12107
MCCARTY, GLEN
2,474.26
01/12107
METRY, ALESIA
2,613.33
01/12107
NYE, MICHAEL
2,141.58
01/12107
OLSON, JULIE
2,782.85
01/12107
RABBETT, KEVIN
3,587.70
01/12107
RHUDE, MATTHEW
1,874.47
01/12107
STEFFEN, SCOTT
2,998.23
01/12107
STEINER, JOSEPH
1,918.33
01/12107
STOCKTON, DERRELL
5,857.34
01/12107
SYPNIEWSKI, WILLIAM
1,891.61
01/12107
SZCZEPANSKI, THOMAS
2,700.72
01/12107
TRAN, JOSEPH
2,331.55
01/12107
WENZEL, JAY
2,937.36
01/12107
XIONG, KAO
2,400.11
01/12107
BERGERON, JOSEPH
3,423.72
01/12107
DUGAS, MICHAEL
2,514.38
01/12107
ERICKSON, VIRGINIA
2,713.80
01/12107
FLOR, TIMOTHY
3,266.34
01/12107
FRASER, JOHN
2,970.72
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
01/12107
LANGNER, SCOTT
2,704.87
01/12107
PALMA, STEVEN
2,720.07
01/12107
THEISEN, PAUL
2,670.97
01/12107
THIENES, PAUL
2,644.79
01/12107
BARTA, JEREMY
2,854.89
01/12107
DAWSON, RICHARD
2,722.03
01/12107
DUELLMAN, KIRK
3,254.47
01/12107
EVERSON PAUL
3,261.18
01/12107
JOHNSON, DOUGLAS
2,997.88
01/12107
NOVAK, JEROME
3,113.35
01/12107
PARSONS, KURT
3,261.17
01/12107
PETERSON, ROBERT
3,179.35
01/12107
PRECHTEL, ROBERT
3,226.45
01/12107
SVENDSEN, RONALD
3,950.79
01/12107
GERVAIS -JR, CLARENCE
2,868.34
01/12107
BAUER, MICHELLE
2,121.19
01/12107
BURAU, JAMES
1,915.27
01/12107
FLAUGHER, JAYEE
2,354.79
01/12107
HERMANSON, CHAD
2,716.50
01/12107
HUBIN, KENNARD
2,134.15
01/12107
KNAPP, BRETT
2,425.68
01/12107
LINN, BRYAN
2,689.05
01/12107
PACOLT, MARSHA
2,529.68
01/12107
RABINE, JANET
2,931.93
01/12107
STAHNKE, JULIE
2,662.84
01/12107
LUKIN, STEVEN
4,016.18
01/12107
ZWIEG, SUSAN
1,813.35
01/12107
DOLLERSCHELL, ROBERT
293.39
01/12107
AHL, R. CHARLES
4,675.69
01/12107
KNUTSON, LOIS
1,570.95
01/12107
KONEWKO, DUWAYNE
3,059.51
01/12107
NIVEN, AMY
1,268.22
01/12107
PRIEFER, WILLIAM
2,601.27
01/12107
BRINK, TROY
1,838.15
01/12107
BUCKLEY, BRENT
1,577.08
01/12107
DEBILZAN, THOMAS
2,157.16
01/12107
EDGE, DOUGLAS
2,380.85
01/12107
FREBERG, RONALD
2,042.00
01/12107
JONES, DONALD
2,411.17
01/12107
MEYER, GERALD
2,081.49
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
01/12107
NAGEL, BRYAN
2,486.01
01/12/07
OSWALD, ERICK
2,366.21
01/12/07
RUNNING, ROBERT
2,145.85
01/12/07
TEVLIN, TODD
2,071.90
01/12/07
DUCHARME, JOHN
2,414.86
01/12/07
ENGSTROM, ANDREW
1,776.55
01/12/07
ISAKSON, CHAD
725.09
01/12/07
JACOBSON, SCOTT
1,694.15
01/12/07
JAROSCH, JONATHAN
2,129.35
01/12/07
KUMMER, STEVEN
2,338.17
01/12/07
LABEREE, ERIN
2,882.35
01/12/07
LINDBLOM, RANDAL
2,414.86
01/12/07
PECK, DENNIS
13,498.91
01/12/07
SCHREMPP, ANTHONY
485.60
01/12/07
THOMPSON, MICHAEL
2,234.15
01/12/07
ANDERSON, BRUCE
4,184.27
01/12/07
CAREY, HEIDI
2,179.76
01/12/07
HALL, KATHLEEN
1,820.29
01/12/07
MARUSKA, MARK
2,754.63
01/12/07
NAUGHTON, JOHN
1,822.15
01/12/07
SCHINDELDECKER, JAMES
1,895.66
01/12/07
BIESANZ, OAKLEY
1,665.82
01/12/07
DEAVER, CHARLES
539.56
01/12/07
HAYMAN, JANET
1,428.49
01/12/07
HUTCHINSON, ANN
2,330.27
01/12/07
NELSON, JEAN
1,233.31
01/12/07
GAYNOR, VIRGINIA
2,060.55
01/12/07
EKSTRAND, THOMAS
3,244.09
01/12/07
KROLL, LISA
1,290.69
01/12/07
LIVINGSTON, JOYCE
846.06
01/12/07
SINDT, ANDREA
1,745.35
01/12/07
THOMPSON, DEBRA
793.28
01/12/07
YOUNG, TAMELA
1,633.35
01/12/07
FINWALL, SHANN
2,388.55
01/12/07
ROBERTS, KENNETH
2,486.06
01/12/07
BRASH, JASON
1,544.55
01/12/07
CARVER, NICHOLAS
2,853.51
01/12/07
FISHER, DAVID
3,712.12
01/12/07
RICE, MICHAEL
2,110.95
01/12/07
SWAN, DAVID
2,214.15
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
01/12107
WELLENS, MOLLY
1,197.41
01/12107
BJORK, ALICIA
468.00
01/12107
GOODRICH, CHAD
27.75
01/12107
GOODRICH, DANIELLE
24.75
01/12107
NIEMAN, JAMES
35.00
01/12107
OHLHAUSER, MEGHAN
688.50
01/12107
ROBBINS, AUDRA
2,288.25
01/12107
SHERRILL, CAITLIN
114.00
01/12107
STAPLES, PAULINE
3,028.20
01/12107
TAUBMAN, DOUGLAS
2,854.34
01/12107
UNDERHILL, KRISTEN
12.00
01/12107
GERMAIN, DAVID
1,902.59
01/12107
NORDQUIST, RICHARD
1,939.53
01/12107
SCHULTZ, SCOTT
2,078.15
01/12107
ANZALDI, MANDY
1,475.56
01/12107
CRAWFORD - JR, RAYMOND
341.00
01/12107
CROSSON, LINDA
12,778.57
01/12107
EVANS, CHRISTINE
808.21
01/12107
GRAF, MICHAEL
2,094.61
01/12107
HER, CHONG
404.00
01/12107
HOFMEISTER, MARY
871.34
01/12107
PELOQUIN, PENNYE
549.06
01/12107
SCHMIDT, RUSSELL
9,003.26
01/12107
SCHULZE, BRIAN
860.58
01/12107
TOLBERT, FRANCINE
45.00
01/12107
BRENEMAN, NEIL
486.41
01/12107
BRUSOE, CRISTINA
116.31
01/12107
BUCKLEY, BRITTANY
62.44
01/12107
DUNN, RYAN
586.81
01/12107
ERICKSON- CLARK, CAROL
23.75
01/12107
EVANS, KRISTIN
65.85
01/12107
FIERRO WESTBERG, MELINDA
25.00
01/12107
FONTAINE, KIM
690.31
01/12107
GREDVIG, ANDERS
266.48
01/12107
GUZIK, JENNIFER
172.00
01/12107
HASSENSTAB, DENISE
67.05
01/12107
HORWATH, RONALD
2,159.70
01/12107
IRISH, GRACE
24.00
01/12107
IRISH, PETER
84.50
01/12107
KOEHNEN, AMY
104.20
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK # CHECK DATE
1000881
1000882
1000883
1000884
1000885
1000886
1000887
1000888
1000889
1000890
1000891
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
01/12107
EMPLOYEE NAME
KOEHNEN, MARY
KROLL, MARK
KRONHOLM,KATHRYN
MATHEWS, LEAH
PROESCH, ANDY
SMITH, ANN
TELLIN, SARAH
TRUE, CAROLINE
TUPY, HEIDE
TUPY, MARCUS
WERNER, REBECCA
WOLFGRAM, MARY
GROPPOLI, LINDA
HER, SHILLAME
HOLMGREN, STEPHANIE
STEVENS, PATTI
BEHAN, JAMES
BERLIN, SARAH
PATTERSON,ALBERT
PRINS, KELLY
REILLY, MICHAEL
SCHOENECKER, LEIGH
VANG,HUE
AICHELE, CRAIG
PRIEM, STEVEN
WOEHRLE, MATTHEW
BERGO,CHAD
FOWLDS, MYCHAL
FRANZEN, NICHOLAS
LONGRIE, DIANA
JAHN, DAVID
MORIN, TROY
MATHEYS, ALANA
HANSEN, LORI
GENNOW, PAMELA
PALANK, MARY
SVENDSEN, JOANNE
SHORTREED, MICHAEL
WELCHLIN, CABOT
BAUMAN, ANDREW
AMOUNT
1,299.44
297.50
412.98
20.00
398.18
118.20
27.80
30.30
84.80
209.48
99.62
116.34
252.50
86.10
57.75
81.95
1,738.09
198.38
1,010.20
1,046.83
1,706.95
129.09
79.93
1,975.11
2,129.35
1,680.55
2,355.82
2,686.82
1,780.66
452.00
1,638.86
114.75
23,453.63
1,887.93
841.75
1,679.66
1,855.39
3,268.81
2,537.23
1,440.00
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK #
CHECK DATE
EMPLOYEE NAME
AMOUNT
1000892
01/12107
STELLA, JAMES
960.00
1000893
01/12107
EDSON, DAVID
1,932.28
1000894
01/12107
HELEY, ROLAND
1,934.59
1000895
01/12107
HINNENKAMP, GARY
2,081.13
1000896
01/12107
LINDORFF, DENNIS
1,897.97
1000897
01/12107
NOVAK, MICHAEL
1,893.35
1000898
01/12107
BERGER, STEPHANIE
178.50
1000899
01/12107
BONKO, NICHOLAS
120.00
1000900
01/12107
BROZAK, KATHERINE
26.25
1000901
01/12107
DEGREE, AMANDA
45.94
1000902
01/12107
KLEIN, ERIN
168.00
1000903
01/12107
KOHLMAN, JENNIFER
24.00
1000904
01/12107
LINDA, KELLIE
150.00
1000905
01/12107
MALLET, AMANDA
34.00
1000906
01/12107
ROBBINS, EMERALD
98.00
1000907
01/12107
SCHALLER, SCOTT
70.00
1000908
01/12107
HAAG, MARK
1,942.25
1000909
01/12107
NADEAU, EDWARD
3,061.98
1000910
01/12107
GLASS, JEAN
1,868.83
1000911
01/12107
NAGEL, BROOKE
327.94
1000912
01/12107
SIMPSON, JOSEPH
228.30
1000913
01/12107
VELASQUEZ, ANGELA
45.00
1000914
01/12107
BENJAMIN, AYLA
19.50
1000915
01/12107
BRENEMAN, SEAN
25.50
1000916
01/12107
BRUSOE, AMY
46.38
1000917
01/12107
CHASTAN, ADAM
11.38
1000918
01/12107
CLARK, PAMELA
107.10
1000919
01/12107
COSTA, JOSEPH
158.60
1000920
01/12107
DEMPSEY, BETH
122.50
1000921
01/12107
FENGER, JUSTIN
287.16
1000922
01/12107
GRANT, MELISSA
84.00
1000923
01/12107
GRUENHAGEN, LINDA
327.95
1000924
01/12107
HAGSTROM, EMILY
18.90
1000925
01/12107
JOHNSON, JAMES
90.35
1000926
01/12107
JOYER, MARTI
128.72
1000927
01/12107
LEMAY, KATHERINE
44.53
1000928
01/12107
MCMAHON, MELISSA
142.98
1000929
01/12107
PEHOSKL JOEL
22.60
1000930
01/12107
PROCHNOW, SARAH
101.50
1000931
01/12107
RICHTER, DANIEL
51.00
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK # CHECK DATE EMPLOYEE NAME
AMOUNT
1000932
01/12107
RICHTER, NANCY
248.50
1000933
01/12107
RYAN, ERICA
18.20
1000934
01/12107
RYDEEN, ARIEL
72.68
1000935
01/12107
SAUCERMAN, MICHAEL
223.56
1000936
01/12107
SCHMIDT, EMILY
105.46
1000937
01/12107
SCHMIDT, JOHN
55.25
1000938
01/12107
SCHRAMM, BRITTANY
85.75
1000939
01/12107
SCHREINER, MICHELLE
423.88
1000940
01/12107
SMITLEY, SHARON
352.10
1000941
01/12107
STAHNKE, AMY
143.33
1000942
01/12107
TAYLOR, JASON
43.88
1000943
01/12107
TRUE, ANDREW
53.68
1000944
01/12107
WARNER, CAROLYN
251.50
1000945
01/12107
WEDES, CARYL
24.50
1000946
01/12107
WHITE, NICOLE
290.48
1000947
01/12107
WILLIAMS, KRISTINE
61.10
1000948
01/12107
WOODMAN, ALICE
138.00
1000949
01/12107
BOSLEY, CAROL
324.88
1000950
01/12107
KELLY, BRYAN
168.00
1000951
01/12107
LEWIS, AMY
40.70
1000952
01/12107
CIE, REBECCA
207.22
1000953
01/12107
PARAYNO, GUAI
118.28
1000954
01/12107
SATTLER, MELINDA
34.50
1000955
01/12107
STODGHILL, AMANDA
37.13
1000956
01/12107
VAN HALE, PAULA
74.70
1000957
01/12107
ZAGER, LINNEA
125.33
1000958
01/12107
BIRKHOLZ, TYLER
107.73
1000959
01/12107
DOUGLASS, TOM
1,116.60
1000960
01/12107
GADOW, ANNA
23.13
1000961
01/12107
HER, CHEF
73.03
1000962
01/12107
HER, PETER
127.00
1000963
01/12107
O'GRADY, VICTORIA
25.20
1000964
01/12107
SCHULZE, KEVIN
26.60
1000965
01/12107
VANG, KAY
136.68
1000966
01/12107
VANG, TIM
37.00
1000967
01/12107
VUE, LOR PAO
139.00
583,905.88
To: City Manager Greg Copeland
From: Chief of Police David J. Thomalla
Subject: Donation From Schmelz Countryside Volkswagen
Date: January 12, 2007
Introduction
The Police Department has received a donation from Schmelz Countryside
Volkswagen, and City Council approval is required before the donation can be
accepted.
For the past several years, Schmelz Countryside Volkswagen has made a donation to
the Maplewood Police Department to show its appreciation and support for the work
done in the community.
This year we received a check for $2,500, and John Schmelz has asked that the money
be used toward youth and senior citizen programs.
It is recommended that approval be given to accept this donation and that the
necessary budget adjustments be made for the Police Department to expend the funds
as requested by Schmelz Countryside Volkswagen.
Action Required
Submit to the City Council for review and action.
To: City Manager Greg Copeland
From: Chief of Police David J. Thomalla
Subject: East Metro Narcotics Task Force Joint Powers Agreement
Date: January 12, 2007
Introduction
The Police Department wishes to enter into a Joint Powers Agreement with the East
Metro Narcotics Task Force, and City Council approval is required before this can be
done.
The Police Department recently received a $40,000 grant for a Narcotics Officer. This
Narcotics Officer will be working with the East Metro Narcotics Task Force, and the
Police Department is required to enter into a Joint Powers Agreement to participate in
this Task Force.
A copy of the Joint Powers Agreement is attached for your review.
The Agreement was drafted by the Ramsey County Attorney's Office and has been
approved as to form and legality by Maplewood City Attorney Alan Kantrud.
Iffmommn-WR=
It is recommended that the City Council approve our participation in this Joint Powers
Agreement with the East Metro Narcotics Task Force.
Action Required
Submit to the City Council for review and action.
DJT:js
Attachment
p
P AIN
1 11 q ir
111111q1111111 1!11111
THE EAST METRO NARCOTICS TASK FORCE
WIJEREAS, On or about February 7, 2005, Ramsey County ("County"), a political subdivision of
the State of Minnesota, and the City of Saint Paul ("City"), a Minnesota municipality entered into a
Joint Powers Agreement ( ".TPA'') to create the East Metro Narcotics Task Force ("Task Force"); and
WBEREAS, The Cities of Maplewood ("Maplewood"), Roseville ("Roseville"), and White Bear
Lake ("WBU) wish to become parties to the JPA and members of the Task Force; and
ValEREAS, The provisions of the Request for Proposals for calendar year 2007 funding issued by
the Minnesota Department of Public Safety Office of Justice Programs require participating
agencies to enter into a JPA; and
WHEREAS, Certain provisions of the JPA need to be modified due to the expansion of the parties
to the JPA (collectively, "Parties") to include Maplewood, Roseville, and WBL as required in order
to comply with the requirements for calendar year 2007 funding by the Minnesota Department of
Public Safety Office of Justice Programs;
NOW TBEREFORE, The Parties agree as follows:
On and after the effective date of this Amendment, the term "Agencies" shall mean the
Ramsey County Sheriff s Office, the City of Saint Paul Police Department, the City of
Maplewood Police Department, the City of Roseville Police Department, and the City of
White Bear Lake Police Department,
2, Section 2 Members, is revised to read as follows:
"The East Metro Narcotics Task Force (hereinafter "Task Force") is hereby established
by the Parties. The Task Force members are Ramsey County, the City of Saint Paul, the
City of Maplewood, the City of Roseville, and the City of White Beat Lake "
The title of Section 4 is revised to read as follows,
"4, Term of Agreement /Withdrawal /Termination ",
4. Section 4.2 is revised to read as follows.
"42 A Party may withdraw from the Task Force and terminate its participation upon
giving at least thirty (30) days' written notice to the other Parties. This Agreement shall
automatically renew for additional one year periods ("Renewal Term") unless a majority
of the then-current Parties gives written notice to the other Parties of their intent not to
renew at least sixty (60) days prior to the end of the then - current Initial Term or any
Renewal Term."
5 Section 4.3 is revised to read as follows:
"4.3 This Agreement may be terminated at any time during the Initial Term of Renewal
Term by a majority of the then-current Parties upon no less than sixty (60) days' written
notice by the terminating Patties notice to the other Parties."
Amendment to East Metro Narcotics Task force JPA 1of6
6 Section 6. Task Force Board, Paragraph 6 1, is revised to read as follows:
"61 The governing board of the Task Force shall be a Board of Directors ("Board"), to
be made up of one representative from each of the following agencies: the Ramsey County
Sheriff's Office, the City of Saint Paul Police Department, the City of Roseville Police
Department, the City of Maplewood Police Department, the City of White Bear Lake Police
Department, the Ramsey County Attorney's Office, and the United States Attorney's Office
the Grant Coordinator for the Task Force who shall be selected by the Ramsey County
Sheriff and Saint Paul Police Department Chief, and a fiscal representative who shall be
selected by the Ramsey County Sheriff and Saint Paul Police Department Chief. All
Directors shall serve at the pleasure of their appointing authorities,"
7, Effective Date The terms of this Amendment shall be effective as of the last date signed
below.
Except as modified herein, the terms of the Agreement remain in full force and effect as
to all Parties to this Amendment
IN WITNESS THEREOF, the undersigned Parties, by actions of their governing bodies, or their
authorized designees, have caused this Amendment to be executed in accordance with the
authority of Minnesota Statutes § 471 59
RAMSEY COUNTY
David Twa, County Manager
Date:
Approval recommended.
Bob Fletcher, Sheriff
Approved as to form and insurance.
Assistant County Attorney
Purchase Order or
Aspen Vendor Contract Number.
Funds are available
Account Number:
Budgeting and Accounting
Amendment to East Metro Narcotics Task Force JPA 2 of 6
CITY OF ROSEVILLE
By.
Its, Mayor
Date.
Approval Recommended:
Polic-, Chief
Roseville Police Department
Approved as to form and legality:
Roseville City Attorney
Financial Services Director
A4nendrnent to East Metro Narcotics Task force SPA. 5 of 6
CITY OF WIUTE BEAR LAK-E
By: _
Its: Mayor
Date:
Approval Recommended:
Police Chief
White Bear Lake Police Department
Approved as to form and legality:
White Bear lake City Attorney
Financial Services Director
6 of'6
Amendment to East Metro Nucofics Task Force JPA
JOINT POWERS AGREEMENT CREATING THE EAST
This is an agreement between Ramsey County, a political subdivision of the State of
Minnesota, and the City of Saint Paul, a Minnesota municipality (hereinafter collectively
referred to as "the Parties"), pursuant to the provisions of Minnesota Statutes Section
471,59, the Joint Powers Act.
WHEREAS, The Parties each have law enforcement agencies with police powers within
their respective jurisdictions: Ramsey County has the Ramsey County Sheriff s Office, and
the City of Saint Paul has the City of Saint Paul Police Department; (hereinafter collectively
referred to as "the Agencies"); and
WHEREAS, The Agencies are responsible for the enforcement of controlled substance
laws in their respective jurisdictions; and
WHEREAS, The Parties, through their Agencies, wish to form a joint task force for the
I
purpose of more efficiently and effectively enforcing controlled substance laws and
investigating and prosecuting their related crimes, especially felonies that have the
likelihood of being related to the distribution of narcotics and/or other cases that have an
impact on both Parties;
NOW THEREFORE, The Parties, agree as follows:
1. General Purpose.
The purpose of this Agreement is to establish the East Metro Narcotics Task Force
as an organization to coordinate efforts to investigate, apprehend, and prosecute drug
offenders, and to define the rights and obligations of the Parties with respect to the duties
and activities performed by the Task Force throughout the term of the Agreement.
2. Members
East Metro Narcotics Task Force JPA
I
The East Metro Narcotics Task Force (hereinafter "Task Force") is hereby
established by the Parties. The Task Force members are Ramsey County and the City of
Saint Paul.
3. Good Faith
The Parties and the Agencies shall cooperate and use their best efforts to ensure
that the various provisions of this Agreement are fulfilled, and to undertake resolution of
disputes, if any, in good faith and in an equitable and timely manner.
4. Term of Agree ment/Termi nation
41 The Initial Term of this Agreement shall be for a one-year period, from
January 1, 2005 through December 31, 2005,
4.2 This Agreement shall automatically renew for additional one year periods
( "Renewal 'Term") unless either of the Parties gives written notice to the other party
of its intent not to renew at least sixty (60) days prior to the end of the then-current
Initial Term or any Renewal Term.
4.3 This Agreement may be terminated at any time during the Initial Term or
Renewal Term by one of the Parties with 30 days written notice to the other Parties,
4.4 Upon termination of this Agreement, all property owned by the Task Force
shall be distributed to the Agencies in equal parts or sold with the proceeds
distributed to the Agencies in equal parts, Property of the Agencies or the Parties
that had been loaned for use by the Task Force shall be returned.
5. State Assistance for Narcotics Control
Ramsey County, acting on behalf of Task Force, the Parties to this Agreement, or
the Agencies, in relation to this Agreement, shall be the grant applicant for funding from the
Minnesota Office of Justice Programs ("OJP"), Department of Public Safety ("DIPS") for
multi jurisdictional narcotics task forces, and all other sources for this Agreement.
& Task Force Board
6,1 The governing board of the Task Force shall be a Board of Directors
("Board"), to be made up of one representative from each of the following agencies:
the Ramsey County Sheriff's Office, the City of Saint Paul Police Department, the
City of Roseville Police Department, the Ramsey County Attorney's Office, and the
United States Attorney's Office; the Grant Coordinatorfor the Task Force who shall
be selected by the Ramsey County Sheriff and Saint Paul Police Department Chief;
and a fiscal representative who shall be selected by the Ramsey County Sheriff and
Saint Paul Police Department Chief, All Directors shall serve at the pleasure of their
appointing authorities.
East Metro Narcotics "Task Force JPA
6.2 Directors shall not be deemed employees of the Task Force and shall receive
no compensation from the Task Force for serving as directors.
6.3 The Board has final administration and policy decision-making authority for
the Task Force. Decisions shall be made by a majority of the Board,
6.4 The Board shall meet quarterly to evaluate the progress of the Task Force.
The Board shall maintain records of Task Force activities. A special meeting may
be called by any Director, or by a Task Force Commander.
6.5 The Board may apply for grants, approve contracts, including
agreements for the rental of real property, incur expenses and make expenditures
necessary and incidental to the effectuation of its purposes and consistent with its
powers.
6.6 The Board will develop Task Force priorities, a Task Force budget,
and 'Task Force operational policies and procedures.
6J The Board shall cooperate with other federal, state, and local law
enforcement agencies when appropriate and necessary to accomplish the purpose
for which the Task Force is organized.
6.8 The Board may not incur debts.
6.9 'The Board shall make the Task Force's books, reports, and records open to
inspection by the Agencies at all reasonable times.
6.10 The Board has sole authority to incur obligations and approve contracts and
take final action on behalf of the Task Force,
6.11 The Task Force may not incur obligations or approve contracts that extend
beyond the Initial Term or Renewal Term of this Agreement or which will require the
expenditure of funds in excess of funds available,
6.12 Nothing herein is intended or should be construed in any manner as creating
or. establishing the relationship of co-partners between the parties hereto or as
constituting one of the Agencies or Parties as the agent, representative or employee
of any of the other Agencies or Parties for any purpose or in any manner
whatsoever.
6.13 The Board shall make a quarterly statistical report and a financial report to
the Parties on all activities conducted by the Task Force.
7. Task Force Operations
7.1 Daily operation and responsibility for carrying out the purpose of the Task
Force shall be under the direction of Two Task Force Commanders, one appointed
by the St. Paul Police Chief, and one appointed by the Ramsey County Sheriff,
7.2 The Task Force Commanders will plan and coordinate case activities and
direct investigative activities based on intelligence provided by the Agencies, with
priorities as determined by the Board.
8. Finances
East Metro Narcotics Task FX03 JPA
8.1 Task Force operations will be financed from the Task Force grant funds and
drug forfeiture funds as necessary to meet the Parties' matching fund obligations
under the terms of any the grant agreement ("Task Force Funds").
8.2 Ramsey County shall serve as the Fiscal Agent for the Task Force,
8.3 Ramsey County, as Fiscal Agent, is authorized to receive all Task Force
Funds for deposit and make disbursements therefrom in accordance with standard
accounting practices and procedures. In conjunction therewith, the Ramsey County
Sheriff's Office Accounting Division shall maintain current and accurate records of
all obligations and expenditures of Task Force Funds.
8.4 Task Force Funds may be expended as directed by the Board and in
accordance with this Agreement. In no event shall there be an expenditure of
Task Force Funds except per the approved Task Force budget,
8.5 The Ramsey County Sheriffs Office shall make and submit to the Board a
quarterly report of the budget status of the Task Force Funds.
9. Task Force Personnel
9.1 The Agencies shall assign licensed peace officers and other personnel to the
Task Force as needed to carry out its purpose and to perform their responsibilities
under this Agreement.
9.2 Other law enforcement agencies may also assign personnel to the Task
Force.
93 All personnel assigned to the Task Force ("Task Force Personnel") shall
remain employees of the agency assigning the personnel and shall not be
considered temporary or permanent employees of any of the other Parties or the
Task Force for any purpose whatsoever or be entitled to tenure rights or any rights
or benefits by way of workers compensation, re-employment insurance, medical and
hospital care, sick and vacation leave, severance pay, PERA or any other right or
benefit of another of the Parties. The Agencies acknowledge their individual
responsibility to provide all salary compensation and fringe benefits to their
employees while performing services on behalf of the Task Force.. Benefits may
include, but are not limited to, health care, disability insurance, life insurance, re-
employment insurance, FICA, Medicare, PERA, vacation, sick leave, and unpaid
leave of absence.
9.4 All Task Force Personnel shall be required to comply with the rules of
conduct and operating procedures prescribed by the Task Force Commanders,
which shall be developed in consultation with the heads of the Agencies and in
recognition of the rules of their respective Agencies. The Task Force Commanders,
ortheir designees, shall refer disciplinary matters involving Task Force Personnel to
the person's originating agency for investigation and disposition unless, based on
the judgment of a Task Force Commander, or his/her designee, a particular matter
represents probable cause for the issuance of a criminal complaint, in which case
the matter shall be referred directly to an external law enforcement agency for
investigation, provided the person's agency head is notified in advance thereof.
9.5 As assigned by the Task Force Commanders, Task Force Personnel will be
responsible for drug investigation, including intelligence management, case
development, and presenting cases for charging to the appropriate prosecuting
authority. Task Force Personnel may also assist other law enforcement agencies in
surveillance and undercover operations. Task Force Personnel will work
East Metro Narcotics Task Force JPA
cooperatively with assisting agencies. Task Force Personnel who are peace
officers and who take action in the jurisdiction of another jurisdiction are authorized
to exercise the powers of a peace officer in the other jurisdiction for purposes of
'Task Force activities.
10. Advisor
The Ramsey County Attorney shall designate an Assistant Ramsey County Attorney
from the Prosecution Division to advise the Task Force. The Ramsey County Attorney's
Office shall provide civil legal advice to the Task Force, as and if required.
11. Location
Task Force activities shall take place out of a central location to be agreed to by the
Agencies.
12. Forfeiture, Seizures and Fines
The Agencies are entitled to money or proceeds from the sale of forfeited property
after payment of seizure, storage, forfeiture and sale expenses and satisfaction of valid
liens against forfeited property, in accordance with Minnesota statutes on forfeiture.
Proceeds received by the Agencies from specific Task Force case forfeitures shall be used
to support the efforts of the Task Force according to the Task Force grant requirements.
The use and disbursement of these proceeds must be approved by the Board.
IN WITNESS THEREOF, the undersigned Parties, by action of their governing bodies, or
their authorized designees, have caused this Agreement to be executed in accordance
with the authority of Minnesota Statutes § 471.59.
RAM SEY COUNTY
David Twa, County Manager
Date: 2-1 - 7 10
Approval recommended:
Bob Fletcher, Sheriff
Approved as to form and insurance:
#Asi;tant 4Co�ntyAt�torr:Vy��
Purchase Order or
East Metro Narcotics Task Force JPA
Aspen Vendor Contract Number:
Funds are available
Account Number:
Budgeting and Accounting
CITY OF UINT PAUL
as tojofm legality:
Saft-Raul City
Financial ervice Director
East Metro Narcotics Task Fot-c.(-IJPA 6
Agenda Item 14
AGENDA REPORT
TO: Greg Copeland, City Manager
FROM: CharleS/\hi Public Works Director/City Engineer
Bill Prief8[ Public Works Operations Analyst
SUBJECT: Wyngate1[ownhomes, City Project 04-33, Approve Board of Water
Commissioners of the City of Saint Paul Private Water Main Agreement
DATE: January 11"2007
W1VV/\W, Limited P8rtn8rship, FVrn USA, LLC, and Kennard Professional Building E8st, LLC have made
application to the Board of Water Commissioners of the City of Saint Paul to supply water to their
development known as Wyngate Townhomes, Lot 9, Block 1, Heritage Square Second Addition, Legacy
Village of Maplewood.
DISCUSSION
The attached private water main agreement between K8VVAH. Limited Pahnerahip, Funn USA LLC,
Kennard Professional Building East, LLC, the City of Mao|8vvVVd and the Board of Water Commissioners of
the City of Saint Paul 8U0vvS for the COnD8Cti0O h3 the public water supply system of Saint P8U| R80iODG|
Water Services within the City OfMaplewood by k8\NAH, Limited Partnership, Furn USA, LLC, and Kennard
Professional Building East, LLC property known as Wyngate Townhomes. This is8 standard agreement
that indude3, but is not |innib3d to the conveyance of perpetual water main easement to the City Of
Maplewood and the Board of Water Commissioners of the City of Saint Paul from MWAH, Limited
Partn9rShip, FVrn U8A, LLC and Kennard Professional Building East, LLC. Upon approval, permission will
be granted to MWAH, Limited Partnership, Furn USA, LLC and Kennard Professional Building East, LLC
by the City of Maplewood and the Board [f Water Commissioners of the City 0f Saint Paul L0construct,
maintain and repair 8 private vv8&8r main necessary for the furnishing of water service to the property
subject to the terms and conditions contained in this agreement.
It is recommended that council approve the private water main agreement between MWAH, Limited
Partnership, Furn USA, LLC, Kennard Professional Building East, LLC the City 0fMaplewood and the
Board of Water Commissioners of the City of Saint Paul.
Attachment:
Private Water Main Agreement
19 R WIN 9 AM 'In 9 N tad V.11 I Ex" R 81 NO I WON
THIS AGREEMENT, made this day by and between MWAH LIMITED
PARTNERSHIP, a Minnesota partnership ("Owner"), FURN USA, LLC, a South Dakota limited
liability company ("Grantor I"), KENNARD PROFESSIONAL BUILDING EAST, LLC, a
Minnesota limited liability company ("Grantor 2"), the CITY OF MAPLEWOOD, a Minnesota
municipal corporation ("Maplewood") and the BOARD OF WATER COMMISSIONERS OF
THE CITY OF SAINT PAUL, a Minnesota municipal corporation (the "Board"); and
WITNESSETH:
WHEREAS, the Board during all times herein mentioned did and does manage, control and
operate, pursuant to the Home Rule Charter of the City of Saint Paul, its water works and public
water supply system primarily for the purpose of furnishing an adequate supply of water for
industrial, commercial and domestic purposes to residents of the City of Saint Paul within its
corporate limits, and incidentally to residents of the City of Maplewood, for the same or similar
purposes, pursuant to agreements by and between the Board and the City of Maplewood and
ordinances of said City of Saint Paul and City of Maplewood germane thereto; and
WHEREAS, Maplewood and the Board have made subsisting agreements, by and between
them, germane to the extension of water service from said public water supply system of said City of
Saint Paul, by the Board, to said City of Maplewood and the residents of the same within its
corporate limits, and such extension of water supply service has been and now is the subject of city
ordinances germane thereto duly enacted by the City of Maplewood and said City of Saint Paul, this
Agreement to be deemed subject to said prior subsisting agreements and said ordinances.
WHEREAS, Owner owns the following described land, which is situated within the
corporate limits of said City of Maplewood in the County of Ramsey, State of Minnesota (the
1
"Property "):
Lot 9, Block 1, Heritage Square Second Addition, Legacy Village of Maplewood,
according to the recorded plat thereof, Ramsey County Minnesota.
WHEREAS, Grantor 1 owns the following described land, which is situated adjacent to the
Property, within the corporate limits of said City of Maplewood in the County of Ramsey, State of
Minnesota ( "Grantor 1's Property "):
Lot 5, Block 2, Legacy Village of Maplewood, according to the recorded plat
thereof, Ramsey County Minnesota.
WHEREAS, Grantor 2 owns the following described land, which is situated adjacent to the
Property, within the corporate limits of said City of Maplewood in the County of Ramsey, State of
Minnesota ( "Grantor 2's Property
That part of Lot 2, Block 2, Legacy Village of Maplewood, according to the
recorded plat thereof, Ramsey County, Minnesota, lying easterly of a line
described as follows:
Commencing at the northeast corner of said Lot 2; thence South 89 degrees 46
minutes 12 seconds Nest, along north line of said Lot 2, a distance of 594.65 feet
to the beginning of the line to be described; thence South 0 degrees 14 minutes
51 seconds East a distance of 357.70 feet to the south line of said Lot 2, and said
line there terminating.
WHEREAS, Owner has made application to the Board for water supply service to be
afforded from the public water supply system to the Property according to the rates and charges
payable therefore by Owner, its successors or assigns, to Maplewood or the Board as the same may
be established from time to time; and
WHEREAS, Owner has requested that Grantor 1 and Grantor 2 grant to Maplewood and to
2
the Board a perpetual water main easement over Grantor I's Property and Grantor 2's Property
respectively, in order to provide Board-required access to the water service supply within the
Property, and Grantor I and Grantor 2 are willing to grant such an easement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties, for themselves, their successors and assigns, do hereby mutually agree as follows:
1. Owner, Grantor I and Grantor 2 do hereby each convey and grant to Maplewood and the
Board a perpetual water main easement in, under, through and over and across portions of the
Property, Grantor I's Property and Grantor 2's Property, as described and shown in Exhibit "A",
attached hereto and incorporated herein.
2. Maplewood and the Board do hereby grant permission to Owner to construct, maintain
and repair a private water main necessary for the furnishing of water service to the Property, subject
to the terms and conditions contained herein.
3. Owner shall construct the private water main at its sole cost and expense, in strict
accordance with approved plans and specifications on file with the Board, under the supervision and
subject to the approval of the Board, within the Easement Area described in Exhibit "A". Owner
shall pay a deposit to the Board to reimburse the Board for inspection costs plus an administrative
fee of $500.00. All service connections from the private water main shall be constructed by Owner
at its sole cost and expense, in strict accordance with plans and specifications approved and on file
with the Board under the supervision and approval of the Board.
4. All necessary maintenance, repairs, operation and/or replacement of the private water
main and service connections shall be borne by Owner at its sole cost and expense, in strict
accordance with plans and specifications approved and on file with Maplewood and the Board and
subject to approval by Maplewood and the Board.
3
5. Maplewood and the Board, at the request of Owner, or in case of default by Owner in
relation to the construction, reconstruction, maintenance, repair or operation of said private water
main, may enter upon the Easement Area and construct, reconstruct, maintain, repair or operate said
private water main for the aforesaid purposes of the same and all reasonable cost and expense thus
incurred by the Board shall be chargeable by the Board to Owner and shall become due and payable
upon presentation of an invoice therefore; and if such charges are not paid when due, they shall
become and constitute a lien upon the real property served. In the event of nonpayment, the Board
reserves the right to deny service.
6. The Board agrees to supply water service to the Property as the same have been or shall
be developed for commercial purposes, subject to and in accordance with applicable rates or
charges, rules and regulations as they are or shall be established from time to time by the Board. It is
understood and agreed, however, that the Board undertakes to supply such water supply only in case
the pressure in its mains is sufficient to enable it so to do, and the Board assumes no responsibility
for failure to supply water resulting from acts or conditions beyond its control.
7. It is agreed by and between the parties hereto that this Agreement shall be subject to
water service rates, rules and regulations germane to the subject of this Agreement now in force and
hereinafter prescribed and promulgated by the Board or by Maplewood and further that there shall
be and hereby is reserved to the Board and to Maplewood the right to change, revise, alter and
amend such rates, rules and regulations as their discretion shall direct to the end that such rates, rules
and regulations shall be reasonable.
S. No extension of the private water main shall be made without the prior written consent of
Maplewood and the Board. All necessary service connection taps from the private water main shall
be installed by the Board upon due application therefore on a form supplied by the Board and shall
0
be installed by the Board at the cost and expense of the party requesting the same. Official addresses
for each service connection shall be obtained by Owner from the City of Maplewood and furnished
to the Board prior to the installation of service connection taps.
9. The Board reserves the right to shut off the water service when necessary for the
extension, replacement, repair or cleaning of the private water main or apparatus appurtenant
thereto, and the Board shall not be held liable for any damage occasioned thereby.
10. This Agreement shall be binding upon Owner, its successors and assigns. Owner shall
not assign its rights and obligations hereunder without first obtaining the written consent of the
Board, which consent shall not be unreasonably withheld by the Board. In the event that Owner
desires to transfer its title to a portion of the property hereof, it is expressly understood and agreed
that Owner and transferees shall enter into an agreement by which the transferees shall agree to pay
all or a proportionate share of the cost of maintenance and replacement of the private water main and
further agree to assume all or a proportionate share of the responsibility and liability arising out of
the operation, maintenance, use and repair of the private water main or service pipes. This
Agreement shall be in form as to be subject to the approval of the Board, and the Board shall be
provided with two (2) executed copies of this Agreement.
11. Owner, in consideration of its being supplied water by the Board, upon the terms and
conditions herein outlined, shall comply strictly with all of the rules and regulations of the Board,
and shall pay or cause to be paid unto the Board therefore according to all applicable rates and
charges prescribed and promulgated therefore by the Board now in existence or as may be modified
or amended, which are hereby incorporated by reference. The Board reserves the right to shut off the
water supply for nonpayment of applicable water charges, and it is expressly agreed that such unpaid
water charges and costs incurred by the Board pursuant to this Agreement shall be and constitute a
5
lien upon the Property.
12. Owner, its successors and assigns, shall indemnify, defend and save harmless,
Maplewood and the Board, their officers, agents employees and servants from all suits, actions or
claims which shall arise from any injuries or damage caused by any break or leak in any service
pipe, private water main, other main or connection authorized by this Agreement, except those
arising from the negligence of Maplewood or the Board that may occur from the furnishing of a
supply of water by the Board to Owner, its tenants, successors and assigns or other persons, firms or
corporations served and to be served by this private water main; and further, that Owner, its
successors and assigns, shall indemnify, defend and save harmless Maplewood and the Board
against any claim, action or lawsuit brought against Maplewood or the Board, except those arising
from the negligence of Maplewood or the Board, in connection with or as a result of the furnishing
of such supply of water, by Maplewood or the Board, to Owner, or other persons, firms or
corporations served on the Property by such private water main or service connections.
13. Notices. Whenever it shall be required or permitted by this Agreement that notice or
demand be given or served by either party to or on the other party, such notice or demand shall
be delivered personally or mailed by United States mail to the addresses hereinafter set forth by
certified mail. Such notice or demand shall be deemed timely given when delivered personally or
when deposited in the mail in accordance with the above. The addresses of the parties hereto for
such mail purposes are as follows, until written notice of such address has been given:
As to the Board: Board of Water Commissioners of the City of Saint Paul
1900 Rice Street
St. Paul, MN 55113
As to the City: City of Maplewood
6
1830 County Road B East
Maplewood MN 55109
As to the Owner: MWAH Limited Partnership
7900 Xerxes Avenue South Ste 1300
Wells Fargo Plaza
Bloomington MN 55431
As to Grantor 1: FURN USA, LLC
140 E 60 Street North
Sioux Falls SID 57104-0434
As to Grantor 2: Kennard Professional Building East, LLC
332 Minnesota Street Ste 2200
I 'National Bank Building
St. Paul MN 55101-1396
14. The undersigned represent that they have the power and authority to execute this
Agreement on behalf of their respective parties.
[Remainder of page left intentionally blank.]
VA
For Grantor 1: FURN USA, LLC, a South Dakota limited liability
company
M
Bill Hinks, Chief Manager/President
STATE OF MINNESOTA )
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2006, by Bill Hinks, Chief Manager/President, FURN USA, LLC, a South Dakota limited liability
company, on behalf of the company.
Signature of person taking acknowledgment
For Grantor 2: KENNARD PROFESSIONAL BUILDING
EAST, LLC, a Minnesota limited liability company
M
Richard H. Zehring, President
STATE OF MINNESOTA )
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2006, by Richard H. Zehring, President, KENNARD PROFESSIONAL BUILDING EAST, LLC,
a Minnesota limited liability company, on behalf of the company.
Signature of person taking acknowledgment
9
For Maplewood:
STATE OF MINNESOTA
SS.
COUNTY OF
CITY OF MAPLEWOOD
Diana Longrie, Mayor
12
The foregoing instrument was acknowledged before me this day of I
2006, by Diana Longrie, Mayor of the City of Maplewood, a Minnesota municipal corporation, on
behalf of the corporation.
STATE OF MINNESOTA )
SS.
COUNTY OF
Signature of person taking acknowledgment
By:
Greg Copeland, City Manager
The foregoing instrument was acknowledged before me this day of
2006, by Greg Copeland, City Manager of the City of Maplewood, a Minnesota municipal
corporation, on behalf of the corporation.
Signature of person taking acknowledgment
10
For the Board:
BOARD OF WATER COMMISSIONERS OF
THE CITY OF SAINT PAUL
Form Approved:
Assistant City Attorney
City of Saint Paul
RM
Patrick Harris, President
itz
Janet Lindgren, Secretary
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
2006, by Patrick Harris, President, Board of Water Commissioners of the City of Saint Paul, a
Minnesota municipal corporation, on behalf of the corporation.
Signature of person taking acknowledgment
STATE OF MINNESOTA
SS.
COUNTY OF RAMSEY
The foregoing instrument was acknowledged before me this day of I
2006, by Janet Lindgren, Secretary, Board of Water Commissioners of the City of Saint Paul, a
Minnesota municipal corporation, on behalf of the corporation.
Signature of person taking acknowledgment
I I
S
STATE OF MINNESOTA
SS.
COUNTY OF RAMSEY
Matthew G. Smith, Director
Office of Financial Services
The foregoing instrument was acknowledged before me this — day of I
2006, by Matthew G. Smith, Director, Office of Financial Services, City of Saint Paul, Minnesota, a
Minnesota municipal corporation, on behalf of the corporation.
Signature of person taking acknowledgment
12
CONSENT
The undersigned Mortgagee joins in the execution of this Agreement for the purpose of evidencing
its consent thereto and recognizing the rights of the Board of Water Commissioners of the City of
Saint Paul.
STATE OF MINNESOTA
SS.
COUNTY OF
Cn
Its:
LIM
Its:
The foregoing instrument was acknowledged before me this — day of
2006, by
the
behalf of the corporation.
THIS INSTRUMENT WAS DRAFTED BY:
Saint Paul Regional Water Sen ices
1900 Rice Street
Saint Paul, Minnesota 55113
Phone: 651-266-6270
and
a
and
respectively of
corporation, on
Signature of person taking acknowledgment
13
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
first shown above.
For Owner:
STATE OF MINNESOTA
SS.
COUNTY OF
MWAH, LP, a Minnesota limited partnership
By: MWAH, LLC, a Minnesota limited liability
company
Its: General Partner
0
Derek C. Brandt, Chief Manager
The foregoing instrument was acknowledged before me this day of
2006, by Derek C. Brandt, Chief Manager, MWAH, LLC, a Minnesota limited liability company, on
behalf of the company.
Signature of person taking acknowledgment
Agenda Item 15
AGENDA REPORT
TO: Greg Copeland, City Manager
FROM: ChUCk/\hL Public Works Director/City Engineer
Erin [BbeFee Assistant City Engineer
Jon j8rDSch. Civil Engineer I
SUBJECT: CottageVVood Public Improvements, City Project 06~10:
1' Resolution for Modification of the Existing Construction Contract,
Change Order NK»-2
DATE: January 22
The Cotta Public |nlpr0vSm8Ot project, City Project 06-10, included the installation of new
sanitary SSvv8r mainline from Century Avenue t0 the new Cotta Development 700 feet to the west.
During the construction of this mainline and services, soils were encountered that were not suitable to
support the utilities or the roadway. Due to time constraints generated by the fall season and traffic issues
in the nearby private development, it was necessary to remove these soils immediately and replace them
with appropriate materials. This soils correction rnokeS up the majority of Change Order No. 2. The rest of
the changes are described in the following sections. It should be noted that the costs associated with this
project will be recovered through assessments to the Cottag8vvoVd [)8v8|Oprneni property at 2666
||ighvv0OdAv8nU8.
Background
The changes described in Change Order 2 total $33 The changes are in the scope Of
improvements to:
• Additional saw cutting of bituminous pavement related to the installation of watermain in the
amount Of$1,288.00.
• Additional bituminous pavement related to the installation Ofvv@tRrnoGin in the amount Of$3,453.03.
• Additional 3uborGde corrections in the amount Of$21.070.8O.
• |nStG||@ti0n of seed, tOpSOi|, and vv0Od fiber blanket in |i9U of sod, due to SR@S0O@| conditions, in the
amount Of$0,320.O0.
• Additional traffic control barriers needed to alleviate the trespassing on private roads in the New
Century T0vvnhonleGin the amount [f $437.00.
The original o0ntnsot8mnuntksfnr$14Y
$130 Change Order 2 will increase the contract amount to$184.0O4.74.
Budget Impact
The additional costs, as described in Change Order 2, will be recovered through assessments to the
C0tb]gevv0Od development property at2880Nighvvo0dAvenue. The budget for the project 3hnu|dbe
revised to reflect the change order. The financing plan should be revised to $216,500.00. This amount
includes 8n additional 3296[f the contract amount for engineering services provided to the developer. The
developer will be assessed for the entire project cost once construction is complete inthe summer Vf2UOy.
Agenda Item 15
r
0* 614] LY, I LY, 1 11! 1 BEA 1 [01 ki
It is recommended that the city council approve the attached resolution directing the modification of the
existing construction contract for the Cottagewood Public Improvements, City Project 06-10, Change Order
No. 2.
Attachments:
1. Resolution for Modification of the Existing Construction Contract, Change Order 2.
2. Change Order No. 2
RESOLUTION
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 06-10, CHANGE ORDER 2
WHEREAS, the City Council of Maplewood, Minnesota has previously ordered
Improvement Project 06-10, Change Order No. 1, Cottagewood Public Improvements, and has
previously approved a construction contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project 06-10, Change Order No. 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA THIS 22 DAY OF JANUARY, 2007 that:
The mayor and city clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order No. 2 in the amount of $33,185.63. The
revised contract amount is $164,004.74.
2. The finance director is hereby authorized to make the financial transfers
necessary to implement the revised financing plan for the project. A project
budget of $216,500.00 shall be established. The proposed financing plan is as
follows:
Developer assessments: $ 216,500 (100%)
CHANGE ORDER
CITY OF MAPLEWOOD
DEPARTMENT OF PUBLIC WORKS
PROJECT NAME: Cottagewood Public Improvements
PROJECT NO: City Project 06 -10
CONTRACTOR: Northdale Construction Co., Inc.
CHANGE ORDER NO.: Two (2)
DATE: January 22, 2007
The following changes shall be made in the contract documents:
ADDITIONS TO BID SCHEDULE C —
ROADWAY IMPROVEMENTS
Item
Unit
No.
Item Description
Unit
Quantity
Price
Amount
6
Sawcut Bituminous Pavement
LF
324.00
$4.00
$1,296.00
7
Subgrade Correction
CY
830.00
$10.00
$8,300.00
8
Select Granular for Subgrade Corr.
CY
830.00
$16.12
$13,379.60
23
Sodding
SY
- 600.00
$5.15
- $3,090.00
24
Seed Mixture 270RT
AC
0.10
$12,360.00
$1,236.00
TOTAL SCHEDULE C
$21,121.60
ADD
BID SCHEDULE CO #2 — CHANGE ORDER #2
Item
Unit
No.
Item Description
Unit
Quantity
Price
Amount
1
Traffic Control Barrier
LS
1.00
$437.00
$437.00
2
Wood Fiber Blanket
SY
1,714.00
$3.50
$5,999.00
3
Patch Road for Watermain
TN
30.45
$113.40
$3,453.03
4
Topsoil
CY
150.00
$14.50
$2,175.00
TOTAL SCHEDULE CO #2
$12,064.03
TOTAL NET CHANGE ORDER NO.2
$33,185.63
CK� lrll �il.'�
Original Contract: $147,019.11
Net Change of Prior Change: - $16,200.00
(Change Order No. l)
Change this Change Order: $33,185.63
Revised Contract: $164,004.74
Recommended By: Kimley -Morn and Associates, Inc.
By: Date:
Agreed to By: Northdale Construction Co., Inc.
By:
Approved By: City of Maplewood
By:
Mayor
By:
City Engineer
Date:
Date:
Date:
Agenda Item 16
r
AGENDA REPORT
TO: Greg Copeland, City Manager
FROM: Charles Ahl, Public Works Director/City Engineer
SUBJECT: County Road D (East) Improvements (TH 61 to Southlawn), City Project 02-07,
Approve 12-month Extension to Purchase Option for Ramsey County Regional
Rail Authority for Burlington Northern Rail Corridor
DATE: January 12, 2007
In 2005, the City finalized 30 months of negotiations by executing an agreement with Ramsey County,
Ramsey County Regional Rail Authority, Burlington Northern Railroad, Minnesota Commercial Railroad,
and Xcel Energy for the realignment of County Road D through the northwestern section of Maplewood.
Within that agreement is a provision providing for the sale of the Burlington Northern Railroad Corridor by
the Ramsey County Regional Rail Authority after it was purchased by the City of Maplewood for the County
Road D Improvement project. That provision expired on June 30, 2006, and the City Council authorized a
6-month extension for further property ownership investigation by the City Attorney.
DISCUSSION
The County Road D Realignment Agreement provided for the sale of the acquired railroad right of way to
Ramsey County Regional Rail Authority prior to June 30, 2006. On June 26, 2006, the City Council
approved a 6-month extension to December 31, 2006. The City Attorney and the City Engineering staff are
continuing to investigate and attempt to clarify a number of title issues and legal abandonment
documentation that preclude this provision from being executed. Attached is a letter from the Regional Rail
Authority requesting an extension to December 31, 2007. Staff and the City attorney are working on the
title issues and continuing to meet with MnDOT Freight Staff and Regional Rail staff on a final agreement.
The December 31 st date should provide adequate time to finalize the negotiations and clarify the title
issues. Progress is being made; however, due to a number of documents and title issues that date back to
the 1850's when the railroad was first constructed, this is extremely complex and time consuming.
RECOMMENDATION
It is recommended that council approve an extension to December 31, 2007, of the option agreement with
Ramsey County Regional Rail Authority for the Burlington Northern Rail corridor as part of the County
Road D Realignment Agreement for County Road D Improvements, City Project 02-07.
Attachment:
1. Letter from Regional Rail Authority
2. Realignment Agreement from 2005
Ramsey County Regional Railroad Authority
6560 Ramsey County Government Center -West, 50 West Kellogg Boulevard
St. Paul, Minnesota 55102 (651) 266 -2760 / FAX (651) 266 -2761
December 19, 2006
Chuck Ahl, P.B.
Director of Public Works /City Engineer
City of Maplewood
1902 Bast County Road B
Maplewood, MN 55109
Dear Mr. Ahl:
I am writing to request an extension of the June 30, 2006, County Road D
Realignment Agreement. The agreement specified that the Ramsey County
Regional Railroad Authority (RCRRA) would purchase the Burlington Northern
Santa Fe (BNSF) South Corridor from the City by June 30, or the City could
pursue sale of this property to other parties. We previously requested, and were
granted, an extension to December 31, 2006.
I am asking that you extend the Agreement to December 31, 2007 to allow time
for Maplewood to complete work on the right -of -way.
Thank you for your consideration, and I look forward to continued discussions
regarding this right of way.
�► r
r
r EIR !.
M Kathy Fischer, RCRRA Director
Printed on Recycled Paper
X
r
COUNTY ROAD D REALIGNMENT AGREEMENT
This Agreement, dated this _ day of July, 2005, is between the County of Ramsey, a
political subdivision in the State of Minnesota (hereinafter "County"), the City of Maplewood, a
Minnesota municipal corporation (hereinafter "City"), Northern States Power Company, d/b/a
Xcel Energy (hereinafter "Xcel Energy"), BNSF Railway Company (hereinafter "BNSF"),
Minnesota Commercial Railway Company (hereinafter "Minnesota Commercial"), and
Ramsey County Regional Rail Authority, a political subdivision in the State of Minnesota
(hereinafter "Regional Rail").
WHEREAS, BNSF owns a railroad right-of-way corridor (the Corridor) from a point
approximately fifty feet north of Beam Avenue in the City to the south right-of-way line of
Buerkle Avenue in the City of White Bear Lake, which Corridor BNSF has leased to Minnesota
Commercial for operational purposes, and
WHEREAS, the City is undertaking a project known as the County Road D Realignment
Project, City Project Number 02-07 ("Project");
WHEREAS, the Project will cross the Corridor south of Interstate 694 (1694);
WHEREAS, the Project will require the removal of a portion of the existing railroad
track located in the area south of Interstate 694 owned by BNSF and leased by Minnesota
Commercial;
WHEREAS, the portion of the existing railroad track to be removed currently serves
only the electric substation ("Kohlman Lake Substation") owned by Xcel Energy along the west
side of the railroad south of County Road D. The Kohlman Lake Substation requires rail access
for the delivery of transformer units in the event of a need for the installation of additional
transformers or the replacement of failed transformers;
WHEREAS, Xcel Energy is willing to abandon its use of the railroad track if an
alternative roadway access can be established for the hauling of transformers and other
equipment to the Kohlman Lake Substation, and if BNSF will grant it permanent easements for
the operation of certain of its transmission facilities;
WHEREAS, a haul route for the transformers for Xcel Energy was approved by a Joint
Powers Agreement dated June 25, 2004 ("Haul Route")
WHEREAS, Xcel Energy has agreed to utilize this Haul Route and is no longer in need
of the railroad track;
WHEREAS, BNSF and Minnesota Commercial are willing to convey to the City all of
their rights, title and interest in the easterly twenty-five (25) feet of a portion of the Corridor
north of 1694 ("North Trail Property");
7/25105 Final
WHEREAS, the City is willing to purchase from BNSF and Minnesota Commercial the
North Trail Property:
WHEREAS, once the City has purchased the North Trail Property from BNSF and
Minnesota Commercial, the City and County have agreed to negotiate a separate agreement in
good faith for the sale of the North Trail Property to the County:
WHEREAS, Regional Rail has stated that it may have an interest in the future purchase
of a portion of the Corridor ("South Corridor") for the purpose of preserving the Corridor for
future public transit and transportation, including but not limited to rail transit, light rail transit
(LRT) and other transit modes; however, it is not ready to purchase the South Corridor at this
time;
WHEREAS, the City has agreed to purchase the South Corridor to help facilitate the
various actions described in this Agreement, and the City and Regional Rail have agreed to
negotiate a separate agreement in good faith for the possible future sale of the South Corridor to
Regional Rail;
WHEREAS, BNSF is willing to sell the South Corridor to the City, and is willing to
grant Xcel Energy a permanent easement for its electrical transmission lines all on the terms set
forth in this Agreement;
NOW THEREFORE, the parties agree as follows:
I. SECTION 1, RAMSEY COUNTY.
A. Representations and Warranties by the County. The County represents and
warrants to the parties that:
I It has all requisite power and authority to execute this Agreement and the
documents identified herein, that its governing body has reviewed this
Agreement and has passed a resolution that authorizes County officials to
execute this Agreement and the related documents on behalf of the
County, and that the officials who did or will execute the Agreement and
the related documents have the power and authority to execute the
Agreement, and that the officials who did or will execute the Agreement
and the related documents on behalf of the County have the authority to
bind the County;
2. It will act reasonably and exercise due diligence in the performance of the
acts permitted or required under this Agreement; and
3. It will cooperate with all reasonable requests by the other parties related to
this Agreement, to the extent authorized by law.
7/25105 Final
B. Obligations of the County in this Agreement. The County shall perform the
following:
The County agrees to negotiate in good faith with the City for the
purchase of the North Trail Property. The County shall enter into a
separate agreement with the City detailing the purchase price and terms
for this acquisition. The purchase agreement shall require that the County
pay the City the appraised value of up to a maximum of $3.30 per square
foot (estimated square feet to be acquired is 26,100 square feet =
$86,130.00). The purchase agreement shall be entered into within 60 days
of the execution of this Agreement.
The County's purchase obligation shall be contingent upon the City's
purchase of the South Corridor from BNSF and Minnesota Commercial
pursuant to the terms of this Agreement; the City's subsequent grant to the
County of a permanent easement for trail purposes over the South
Corridor; and the approval by the County of any easements granted by
BNSF or the City to Xcel.
The County shall reimburse the City for any expenses incurred in
obtaining a title insurance policy, title correction work, environmental
testing expenses and any environmental corrections associated with the
City's purchase of the North Trail Property from BNSF. If the County and
City are unable to reach a mutually acceptable purchase agreement for the
North Trail Property, this agreement shall terminate as to the County and
shall be of no further force or effect.
The County shall not be obligated to purchase the North Trail Property
unless and until it has secured sufficient permanent rights in the South
Corridor to construct a public recreational trail which will connect the
North Trail Property to the existing Bruce Vento Trail which lies south of
the South Corridor at its southern terminus.
2. The County agrees to enter into a separate Cooperative Agreement with
the City to allow the City to construct a public recreational trail, including
grading, clearing & grubbing, bituminous pavement, bridge
improvements, and restoration work from Beam Avenue to Buerkle Road
("Bruce Vento Trail Extension").
The County shall pay the City from its State grant for development of the
Bruce Vento Trail Extension the actual cost incurred by the City for
construction (including design and engineering) of the improvements,
estimated to be $319,200 based on unit price bids received by the City,
subject to the State of Minnesota extending the grant contract until
December 31, 2005. The Cooperative Agreement shall be executed within
60 days of the execution of this Agreement.
7/25105 Final
3. The County agrees to purchase an easement from the City for the portion
of the Bruce Vento Trail Extension located within the South Corridor.
The value of the easement shall be determined through an independent
appraisal. The County shall use its State and Metropolitan Council
acquisition grants to purchase this easement with a total amount not-to-
exceed $263,870.00. The closing shall occur within 30 days of the City's
purchase of the South Corridor from BNSF. This easement must be
reviewed and approved by Regional Rail. If Regional Rail refuses to
approve the easement, the County and City may nevertheless enter into the
easement, but Regional Rail may, in its discretion, terminate its
obligations - under this Agreement.
4. The County acknowledges that BNSF shall grant Xcel Energy a
permanent transmission line easement over the North Trail Property and
portions of the South Corridor prior to the sale of the property to the
County and that this easement shall contain a clause that the trail is a
permitted use within the easement area and is subordinate to the
transmission lines. A copy of the Xcel Energy permanent transmission
line easement agreement is attached to this Agreement as Exhibit A.
5. The County agrees to secure a pen from the Minnesota Department of
Transportation (Mn/DOT) for the construction and maintenance of a
portion of the Bruce Vento Trail Extension over the 1-694 BNSF railroad
bridge and adjacent MNDOT road right of way. The permit shall be
secured within 60 days of the execution of this Agreement.
11. SECTION 11. REGIONAL RAIL.
A. Representations and Warranties by Regional Rail. Regional Rail represents
and warrants to the parties that:
It has all requisite power and authority to execute this Agreement and the
documents identified herein, that its governing body has reviewed this
Agreement and has passed a resolution that authorizes Regional Rail
officials to execute this Agreement and the related documents on behalf of
Regional Rail, and that the officials who did or will execute the
Agreement and the related documents have the power and authority to
execute the Agreement, and that the officials who did or will execute the
Agreement and the related documents on behalf of Regional Rail have the
authority to bind Regional Rail;
2. It will act reasonably and exercise due diligence in the performance of the
acts permitted or required under this Agreement; and
7/25/05 Final 4
3. It will cooperate with all reasonable requests by the other parties related to
this Agreement, to the extent authorized by law.
B. Obligations of Regional Rail in this Agreement. Regional Rail shall perform
the following:
Regional Rail agrees to negotiate in good faith with the City for the future
acquisition of the South Corridor. Regional Rail shall enter into a separate
agreement with the City detailing the purchase price and terms for this
acquisition. Regional Rail shall purchase the South Corridor from the City
before June 30, 2006, or the City may pursue the sale of the South
Corridor to other parties. Nothing in this Agreement shall obligate
Regional Rail to enter into a purchase agreement for the South Corridor or
accept any particular terms or conditions for such agreement. Any such
purchase agreement shall be a free standing agreement and none of the
terms of this Agreement shall be deemed incorporated into such agreement
unless specifically agreed to in the purchase agreement.
2. Regional Rail agrees that BNSF shall grant Xcel Energy permanent
transmission line easements over the South Corridor prior to the sale of the
property to the City. A copy of the Xcel Energy permanent transmission
line easement agreement is attached to this Agreement as Exhibit A.
111. SECTION 111, CITY OF MAPLEWOOD.
A. Representations and Warranties by the City. The City represents and warrants
to the parties that:
It has all requisite power and authority to execute this Agreement and the
documents identified herein, that its governing body has reviewed this
Agreement and has passed a resolution that authorizes City officials to
execute this Agreement and the related documents on behalf of the City,
and that the officials who did or will execute the Agreement and the
related documents have the power and authority to execute the Agreement,
and that the officials who did or will execute the Agreement and the
related documents on behalf of the City have the authority to bind the
City;
2. It will act reasonably and exercise due diligence in the performance of the
acts permitted or required under this Agreement; and
3. It will cooperate with all requests by the other parties related to this
Agreement.
B. Obligations of the City in this Agreement. The City shall perform the
following:
7/25105 Final
Enter into a Cooperative Agreement with the County agreeing to construct
the Bruce Vento Trail Extension as described above. The Cooperative
Agreement shall be executed by both parties within 60 days of the
execution of this Agreement. Trail construction shall be completed by the
City no later than November 18, 2005. The County shall pay the City
from its State grant for development of the Bruce Vento Regional Trail
Extension the actual cost incurred by the City for construction (including
design and engineering) of the improvements, estimated to be $319,200
based on unit price bids received by the City, subject to the State of
Minnesota extending the grant contract until December 31, 2005.
2. Pay $59,000 to BNSF for Xcel Energy easements within the South
Corridor and the North Trail Property as described in the attached Xcel
Energy permanent transmission line easement agreement (Exhibit A). The
City agrees that BNSF shall grant Xcel Energy these permanent
transmission line easements over the North Trail Property and portions of
the South Corridor immediately prior to the sale of the property to the
City.
3. The City agrees to enter into a Purchase Agreement with BNSF to
purchase the South Corridor after abandonment of rail service. The South
Corridor is legally described as follows:
All that part of the 150-foot wide BNSF Railway Company right-of-way
located in the Northwest Quarter of Section 3, Township 29, Range 22,
Ramsey County, Minnesota which lies northerly of a line drawn
perpendicular with the center line of said Railway right-of-way from a
point thereon distant 183.00 feet northeasterly from the intersection of said
center line with the southerly line of said Northwest Quarter.
and:
All that part of the 150-foot wide BNSF Railway Company right-of-way
located in the South Half of the South Half of Section 34, Township 30,
Range 22, Ramsey County, Minnesota which lies southerly of a line
drawn perpendicular with the easterly right-of-way line of said Railway
right-of-way from a point thereon distant 35.00 feet northeasterly from the
intersection of said easterly right-of-way line with the northerly right-of-
way line of Trunk Highway 393-694 as described in that certain Final
Certificate filed in the Office of the Ramsey County Recorder on
November 4, 1966 as Document Number 1687969.
The Purchase Agreement shall require that the City pay BNSF
$1,256,070.00 for the South Corridor. The City shall be responsible for
any expenses associated with obtaining a title insurance policy, title
7/25105 Final 6
corrections work and any environmental testing and/or environmental
corrections on the property. Closing shall occur within 30 days of the
abandonment of railroad service over the South Corridor.
4. The City agrees to enter into a purchase agreement with BNSF and
Minnesota Commercial to purchase their respective rights, title, and
interest in the North Trail Property. The North Trail Property is legally
described as follows:
All that part of the easterly 25.00 feet of the 150-foot wide BNSF Railway
Company right-of-way located in the West Half of the Southeast Quarter
of Section 34, Township 30, Range 22, Ramsey County, Minnesota which
lies northerly of a line drawn perpendicular with the easterly line of said
Railway right-of-way from a point thereon distant 35.00 feet northeasterly
from the intersection of said easterly line with the northerly right-of-way
line of Trunk Highway 393-694 as described in that certain Final
Certificate filed in the Office of the Ramsey County Recorder on
November 4, 1966 as Document Number 1687969, and which lies
southerly of the southerly line of the 66-foot wide right-of-way of Buerkle
Road as described in that certain Perpetual Easement filed in the Office of
the Ramsey County Recorder on December 22, 1982 as Document
Number 2164739;
The purchase agreement shall require that the City pay BNSF the
appraised value of $3.30 per square foot (estimated square feet to be
acquired is 26,100 square feet = $86,130.00). The purchase agreement
shall be entered into within 60 days of the execution of this Agreement.
The City shall be responsible for expenses incurred in obtaining a title
insurance policy, title correction work, environmental testing expenses and
any environmental corrections associated with the purchase of the North
Trail Property from BNSF.
5. Pay costs associated with the relocation of Xcel Energy Power Line 0885
to a point acceptable to Xcel Energy. The City and Xcel Energy shall
execute a separate agreement detailing the scope and cost for this work.
6. Remove the spur track as a part of the Project as shown on Exhibit B
attached to this Agreement. Removal of existing ties and rails for the spur
track shall be limited to track outside of the existing fence surrounding the
Kohlman Lake Substation. The railroad bridge at existing County Road D
shall also be removed by the City; however, the bridge will not be
removed until the rail line abandonment process has been completed. The
City shall be responsible for the costs incurred for these removals.
Responsibility for salvaging and/or disposing of the existing ties and rails
within the South Corridor shall be in accordance with the purchase
7/25105 Final 7
agreement for the South Corridor.
7. Agree to reimburse Minnesota Commercial for their staff time and
expenses associated with the rail line abandonment process. These costs
shall not exceed a total cost of $5,000.00.
8. Complete construction of the Project no later than November 30, 2005.
9. Agree to grant an easement to Ramsey County for the construction and
maintenance of the Bruce Vento Trail Extension within the South
Corridor. The cost for the easement shall be determined by an
independent appraiser; however, it shall not exceed a total cost of
$263,870.00 and shall be reduced to reflect the value of any easement
acquired by Xcel Energy under the terms of this Agreement.
10. Agree to negotiate in good faith with Regional Rail for the future sale of
the South Corridor. The City shall enter into a separate agreement with
Regional Rail detailing the purchase price and terms for this acquisition.
The City may pursue the sale of the South Corridor to other parties if
Regional Rail does not complete the purchase of the South Corridor from
the City before June 30, 2006.
IV. SECTION IV, XCEL ENERGY.
A. Representations and Warranties by Xcel Energy. Xcel Energy represents and
warrants to the parties that:
It has all requisite power and authority to execute this Agreement and the
documents previously listed herein, and the officials of Xcel Energy who
did or will execute the same for and on behalf of Xcel Energy have the
power and the authority to do so and to bind Xcel Energy;
2. It will act reasonably and exercise due diligence in the performance of the
acts permitted or required under this Agreement; and
3. It will cooperate with all requests by the other parties related to this
Agreement.
B. Obligations of Xcel Energy in this Agreement. Xcel Energy shall perform the
following:
Enter into an Alternative Loading Service Agreement with Minnesota
Commercial within 60 days of the execution of this agreement to reassign
rail access rights to a point north of the South Corridor.
7/25105 Final
2. Notify Minnesota Commercial and BNSF in writing within 10 days of the
execution of this Agreement that it no longer needs the railroad spur to the
Kohlman Lake Substation site and that it consents to the abandonment of
the railroad service over the South Corridor. This notification must
confirm to Minnesota Commercial and BNSF that the proposed South
Corridor limits are acceptable to Xcel Energy.
3. Enter into a permanent easement agreement with BNSF for its
transmission lines within the South Corridor and the North Trail Property
no later than December 31, 2005. The permanent easement agreement is
detailed in attached Exhibit A. The City shall pay BNSF $59,000 in
consideration for the granting of these easements to Xcel Energy. Xcel
Energy understands and agrees that these easements are an
accommodation for the Project improvements and do not establish a
precedent for future negotiations with BNSF, Regional Rail or the County.
4. Agree to grant the City and Ramsey County any necessary rights and
permits at no cost needed for construction, operation and maintenance of
the Bruce Vento Trail Extension.
V. SECTION V, BNSF.
A. Representations and Warranties by BNSF. BNSF represents and warrants to
the parties that:
It has all requisite power and authority to execute this Agreement and the
documents previously listed herein, and the officials of BNSF who did or
will execute the same for and on behalf of BNSF have the power and the
authority to do so and to bind BNSF;
2. It will act reasonably and exercise due diligence in the performance of the
acts permitted or required under this Agreement; and
3. It will cooperate with all requests by the other parties related to this
Agreement.
B. Obligations of BNSF in this Agreement. BNSF shall perform the following:
I Agree to the expedited rail line abandonment process, to begin
immediately and to be filed by August 31, 2005.
2. Enter into a Purchase Agreement with the City to sell the South Corridor
to the City for the appraised value of $1,256,070.00. Closing shall be
completed no later than December 31, 2005.
7/25105 Final 9
3. Enter into a purchase agreement with the City to sell the North Trail
Property. Closing shall be completed no later than December 31, 2005.
4. Agree to grant transmission line easements within the South Corridor and
the North Trail Property to Xcel Energy as detailed in attached Exhibit A
for the total price of $59,000 to be paid by the City.
5. Notwithstanding anything to the contrary in this Agreement, BNSF's
obligations to sell the South Corridor and the North Trail Property to the
City shall be interdependent with BNSF's obligations to grant
transmission line easements to Xcel Energy in respect of the South
Corridor and the North Trail Property. The closing of the sales of the
South Corridor and the North Trail Property shall occur simultaneously
with the delivery of said transmission line easements, such that the
transmission line easements shall be granted immediately prior to the sale
of the South Corridor and the North Trail Property to the City. BNSF
shall have no obligation to deliver the transmission line easements to Xcel
unless and until the City shall tender to BNSF the purchase prices for the
transmission line easements, the South Corridor, and the North Trail
Property and shall have evidenced its willingness to accept delivery of the
deeds from BNSF for the South Corridor and the North Trail Property.
The delivery of the transmission line easements by BNSF to Xcel Energy
shall be conditional and may be revoked by BNSF if the City falls or
refuses to close the purchases of the South Corridor and the North Trail
Property.
VI. SECTION V1. MINNESOTA COMMERCIAL.
A. Representations and Warranties by Minnesota Commercial. Minnesota
Commercial represents and warrants to the parties that:
It has all requisite power and authority to execute this Agreement and the
documents previously listed herein, and the officials of Minnesota
Commercial who did or will execute the same for and on behalf of
Minnesota Commercial have the power and the authority to do so and to
bind Minnesota Commercial;
2. It will act reasonably and exercise due diligence in the performance of the
acts permitted or required under this Agreement; and
3. It will cooperate with all requests by the other parties related to this
Agreement.
B. Obligations of Minnesota Commercial in this Agreement. Minnesota
Commercial shall perform the following:
7/25105 Final 10
Agree to the expedited rail line abandonment process, to begin
immediately and be filed no later than August 31, 2005.
2. Execute in cooperation with the BNSF, a purchase agreement with the
City for the North Trail Property. Closing shall be completed by
December 31, 2005.
3. Execute in cooperation BNSF, a purchase agreement with the City to sell
the South Corridor. The Purchase Agreement shall require that the City
pay BNSF $1,256,070.00 for the South Corridor. Closing shall occur no
later than December 31, 2005.
4. Enter into an Alternative Loading Service Agreement with Xcel Energy
within 60 days of the execution of this Agreement to reassign rail access
rights to a point north of the South Corridor.
VII. GENERAL PROVISIONS.
A. Severability. If any term of this Agreement is found to be void or invalid, such
invalidity shall not affect the remaining terms of this Agreement, which shall
continue in full force and effect.
B. Arbitration. It is agreed by the parties that any differences, disputes or claims
which arise under and pursuant to this Agreement or as to the performance thereof
by the parties hereto shall be submitted for arbitration to a board of arbitrators
consisting of three (3) persons, one selected by the party interested in the other
side of the dispute, and a third person mutually selected and agreed upon by the
first two arbitrators. This arbitration provision does not extend to any dispute,
difference, claim or obligation that may arise pursuant to any of the agreements
referenced herein, including but not limited to the Xcel Energy Permanent
Transmission Line Easement Agreement attached hereto as Exhibit A.
Any party shall notify the other party in writing, served by U.S. Mail, certified or
registered, postage prepaid, of a dispute, stating the nature of the claim or dispute
and the name and address of the selected arbitrator. The other party shall serve
notice of its selected arbitrator and opposition or other interest in the claim or
dispute. The two arbitrators shall select a third disinterested arbitrator within
fifteen (15) days after the response notice stated above.
Arbitration shall be commenced within forty-five (45) days of the original notice
pursuant to the previous paragraphs hereof, and all proceedings shall be governed
by the Minnesota Statutes, Chapter 572. The decision of any two arbitrators shall
be binding and conclusive with respect to all claims and disputes submitted in
such arbitration proceedings.
7/25105 Final 1l
If a party does not respond to an arbitration notice, then the party first serving the
arbitration notice under the previous paragraph shall be entitled by Motion to
petition a court of competent jurisdiction for its order selecting and appointing an
arbitrator for said defaulting party. Any such determination by the Court shall be
final, binding and conclusive as to all parties in interest. Expenses for the
arbitration shall be divided equally among the parties.
C. Nothing in this agreement shall obligate the County or Regional Rail to acquire
any property from any other party unless and until they are respectively satisfied
that any easements or other rights granted to any other party will not materially
impair the use or uses for which they will acquire the property.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
COUNTY OF RAMSEY
By:
Date
Its:
By:
Date
Its:
RAMSEY COUNTY REGIONAL
RAIL AUTHORITY
By:
Date
Its:
By:
Date
Its:
7/25105 Final 12
CITY OF MAPLEWOOD
By:
Its:
By:
Its:
Date
Date
7/25105 Final 13
NORTHERN STATES POWER
COMPANY, D/B/A XCEL ENERGY
By:
Its:
By:
Its:
Date
Date
7/25105 Final 14
BNSF RAILWAY COMPANY
By:
Its:
By:
Its:
Date
Date
7/25105 Final 15
MINNESOTA COMMERCIAL
RAILWAY COMPANY
By:
Its:
By:
Its:
Date
Date
7/25105 Final 16
Agenda Item 18
TO: City Manager, Greg Copeland
FROM: IT Director, Mychal Fowlds
SUBJECT: Payment of Eden Systems Software Maintenance Fees
DATE: January 16 2007
Introduction
Support contracts for software are a major necessity due to the fact that there are always fixes and updates
and without the support contracts we're entitled to none of these. Also, in order to speak with any of our
third party vendors a support contract is required.
Background
The City of Maplewood has been using Eden Systems for quite some time. We are now using Eden
Systems as the major software package for Finance, Community Development, Public Works and HR
divisions. All city employees who work on the budget use Eden Systems. In 2007 we'll also be
implementing Eden Systems' Licensing module.
This purchase will be funded from the 2007 IT Fund in the amount of $34,293.38.
Recommendation
It is recommended that authorization be given to pay the support contract for Eden Systems so as to keep
current with updates and to keep Eden Systems support available for staff.
Action Required
Submit to City Council for review and approval.
AM
2
EDEN Division
SOLD TO
2007 SUPPORT INVOICE
Tyler Technologies, Inc
Eden Systems Division
P.O. Box 678076
Dallas, TX 75267 -8076
Phone: 425- 254 -1400
Toll -free: 1- 800 - 328 -0310
Fax: 425- 254 -1402
SHIP TO
City of Maplewood
1830 E. COUNTY RD. 'B"
MAPLEWOOD, MN 55109 -0000
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102179 Page 1 of 1
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12/15/2006
City of Maplewood
1830 E. COUNTY RD. "B"
MAPLEWOOD, MN 55109 -0000
All software provided by Eden to the Customer, including the programs and related documentation, are confidential, trade secrets, and the proprietary property of EDEN Systems, Inc.. Any unauthorized u:
examination, modification, replication, recompilation, transfer, reverse engineering, or disclosure is strictly prohibited.
Agenda Item 19
Project Description
Greg Copeland, City Manager
Shonn FinvvaU.A|CP. Planner
Conditional Use Permit Review
Ronald and C'ommieLmwmderviUle
2184 Van Dyke Street
January 12, 2007
Ronald and Connie Launderville's conditional use permit (CUP) to store a heavy commercial
vehicle on their residential property 8t2194 Van Dyke Street i8 due for review. Th8LaVnd8rviU8s
operate a towing business at 6995 — 55 th Street in Oakdale and the CUP allows them to store one
of their tow trucks at their home in Maplewood.
Background
January 28.1991: The city council granted 8CUP for the storage of two heavy commercial
vehicles (one-ton tow trucks) in an R-1 (Single DvvRUiDg Residential) zoning district as well as @
related home occupation license to operate a towing business from a residential property.
February 25.18S2: The city council reviewed the CUP and approved 8 i user permit.
This permit allows the Laundervilles to use the unimproved Sandhurst Avenue right-of-way for
access to their property.
November 1, 1992: The CUP and home occupation license expired.
March 3.1SS3: The city council granted a new CUP to allow the storage of one heavy commercial
vehicle (one-ton tow truck) in an R-1 (Single Ovv8Uing Residential) zoning district, subject to the
following conditions:
1. The tow truck shall b9 parked in the garage when itiGon the property.
2. Mr. [oundemiUe shall not store towed vehicles On this site unless he Or his family owns the
vehicles.
3. There shall bSD0 outdoor storage 0f junk 0r inoperable vehicles 0[ vehicle parts 0nthe
property.
4. There shall be no storage or repair of vehicles on the site, except those owned by people
living on the property.
5. There shall be no overnight parking of vehicles on Van Dyke Street (per city code).
0. The city council shall review this permit in one year iVmake sure that the conditions are
being met.
April 11.1S94; April 1O.1S05; April 22.1S08; May 27.1S97; June 22.1S98; July S.2OO1: The city
council reviewed the CUP and requested a review again in one year.
September 23.2OO2: The city council reviewed the CUP and Sandhurst Avenue i User
permit. The city council amended the user permit b3 allow the southwest corner (approximately 1O
feed of 6-foot-high wood fence to nannoin in the Sandhurst Avenue right-of-way UnU| the fence is
removed or destroyed and requested the review of the CUP again in one year.
December 8.20O3: The city council tabled the L8Und8nvi||S'S2D03 CUP review due t0Ronald
L8Undervi||HGr.'S health problems.
April 12 and September 12.2O05: The city council approved the CUP and requested 8
review again in one year.
DISCUSSION
In 2004 the Laundervilles have relocated their business (Launderville Towing) from its previous
|0C@tiOO at 2285 Seventh Street in North St. Paul to 6895 —55"' Street in {]8kd8|9. The new
location has storage facilities for all of the tow trucks, and as such the Laundervilles have less of a
need to store one of the tow trucks On their residential property inMaplewood. However, the
[oundervi||eS vv0u|d like to maintain the CUP in order to a||ovv occasional storage of tow truck in
the event that they need b} bring o truck home between calls orovernight. Since last year's review
of the CUP, staff has not received any complaints from neighbors regarding the storage of the
CO[nnnBroi@| vehicle 0Dthe pn]p8dv.
RECOMMENDATION
Approve the LaUndenviU8'8 conditional use permit for the storage Vf one commercial vehicle Onthe
residential property at 2194 Van Dyke Street, and review the conditional use permit again in one
year.
P:secl 1Va"ndomme
Attachment: Location Mop
2
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City Hall
Attachment 1
L oca ti on M ap
2194 Van Dyke Street
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Agenda Item K1
TO: City Manager
FROM: Ken Roberts, Planner
SUBJECT: Moratorium Variance and Rezoning — Findings of Fact
PROJECT: Saint Clair Hills
L(]C/(T|(lN: Carver Avenue, east of Sterling Street South
DATE: January 17
Project Description
Mr. Jamie Jensen, representing TvruS Land Company, had requested city approval OfG
v8hoDC8 to @ mOrotOhUnl and 8 aDDiDg map change. He 8Sh8d the city for these approvals for
the undeveloped property On the south side Cf Carver Avenue east [f Sterling Street. (See the
maps on pages 7-12.\ The city council considered his requests on January 8,20O7. City staff
is now asking the city council t0 adopt findings 0f fact for this matter.
Requests
The applicant requested that the city approve:
1. A variance from o development moratorium ordinance.
2. A zoning map change for the project sit8.This change would have been from R-1/Fl\(rural
residential) to R-1 (single dwellings).
BACKGROUND
On November 13. 2000. the City C0uDCi| gave second reading to 8 [nOr@t0riUnl ordinance for
many of the properties south of Carver Avenue. The adoption of this ordinance by the city
council prohibits any development or subdivision [f any property south 0f Carver Avenue that
the city has zoned F /f8rnn residence) and R-1(R) (rUn8| residential). This nnOn8ioriUnl includes
the properties that are in this request.
(]n January 8.28U7. the city council considered and denied Mr. J8nS8n'8 requests. The council
also directed staff to prepare findings of fact and bring them back to the council for ratification.
DISCUSSION
Based On the actions Of the city council OD January 8 city staff has prepared the following
findings Of fact for this [nGtt8[
Moratorium Variance
The city council denied this variance request because:
1. Strict enforcement of the moratorium ordinance would not cause an undue hardship to
the property or to the property owner. The applicant knew the property in question was
zoned R -1(R) (which limits the type of development possible on the property) and that
the property could be subject to a moratorium when he made application to the city.
2. There are no special circumstances or conditions in this case that warrant the city
approving a variance to the moratorium
3. The proposed rezoning (and then the proposed subdivision) would be premature and
would not be compatible with the land use and zoning designations.
4. The proposed rezoning and subdivision would not meet the spirit and intent of the
moratorium ordinance.
Zoning Map Change
The city council denied the proposed zoning map change because:
1. The request did not meet all the criteria required by the city for a zoning map change.
This is because the city cannot determine if the proposed zoning change would have
any negative effect upon the logical, efficient, and economical extension of public
services and facilities.
2. Staff recommended that the city not grant the variance to the moratorium. The
moratorium prohibits the city from considering rezoning or development requests, unless
the city approves a variance to the moratorium.
3. The proposed rezoning was not consistent with the R -1(R) zoning that the city intends to
use to preserve the semi-rural lifestyle in the area.
RECOMMENDATIONS
Based on the actions taken by the city council on January 8, 2007, adopt findings of fact for the
requested moratorium variance and for the zoning map change for the proposed Saint Clair Hills
development as follows (these requests were for the property on the south side of Carver
Avenue, east of 1-494).
A. The city council denied the moratorium variance request because:
1. Strict enforcement of the moratorium ordinance would not cause an undue hardship to
the property or to the property owner. The applicant knew the property in question was
zoned R -1(R) (which limits the type of development possible on the property) when he
purchased it and that the property could be subject to a moratorium when he made
application to the city.
2. There are no special circumstances or conditions in this case that warrant the city
approving a variance to the moratorium.
3. The proposed rezoning (and then the proposed subdivision) would be premature and
would not be compatible with the land use and the R -1(R) zoning designation.
ill
4. The proposed rezoning and subdivision would not meet the spirit and intent of the
moratorium ordinance. This is because the city put the moratorium ordinance in place to
study land use and zoning patterns in this area (among other things). The proposed
variance would remove the subject property from the study and thus from any possible
changes that the city decides to make to the land use and zoning designations as a part
of the study.
B. The city council denied the proposed zoning map change because:
1. The request does not meet all the criteria required bv the city for a zoning map change.
This is because the city cannot determine if the proposed zoning change would have
any negative effect upon the logical, efficient, and economical extension Ofpublic
services and facilities.
2. Staff recommended that the city not grant the variance to the moratorium. The
moratorium prohibits the city from considering rezoning or development requests, unless
the city approves a variance to the moratorium.
I The proposed rezoning was not consistent with the R-1(R) zoning that the city intended
tO use tO preserve the semi-rural lifestyle iD the area. The city expects the R-1(H) zoning
and any d8v8|Op[n8Ot consistent with that zoning t0 have |OtS at least two acres in size
and L0 have wells and individual septic systems (not using city sewer and vv8i8r).The
proposed plan as shown by the applicant for the rezoning was not consistent with the R-
1 (R) zoning as it showed 10,000 square-foot lots and the use of city water and sewer to
serve the new lots.
REFERENCE INFORMATION
SITE DESCRIPTION
Sih3siz8: 5.22 acres (east parcel) and 3.3S acres i251O Carver Avenue)
Existing land use: Undeveloped
North: Single dwellings across Carver Avenue
South and East: Ramsey County Open Space and Fish Creek
West: Single dwelling 8t2510 Carver Avenue and Sterling Street
PLANNING
Land Use Plan designation: R-1 (single dwellings)
Existing Zoning: R-1/FU (rural residential)
Proposed Zoning: R-1 (single dwellings)
Findings for Moratorium—Variance Approval
Variances from this ordinance may be granted by the city council based upon a determination
that a proposed subdivision or development would be compatible with existing or proposed land
use and zoning and that such proposals would be in keeping with the spirit and intent of this
ordinance. The procedures to be followed in applying for a variance from this ordinance shall
be in accordance with state law on findings for variances and shall include the following:
1. The applicant shall file a completed application form together with required exhibits to the
Community Development Department.
3. The application for a variance shall set forth special circumstances or conditions which the
applicant alleges t0 exist, and shall demonstrate that the proposed development is
compatible with existing 0r proposed land use and zoning.
3. The application shall be submitted Lo the planning commission for their review and
comment.
4. The city council may, in its discretion, set a public hearing prior 10 making a final
determination on the requested variance.
5. The city council may impose such restrictions upon the proposed development or
subdivision as may be necessary to comply with the purpose and intent of this ordinance.
SECTION 4. VARIANCES
4.01 The city council, at their discretion, may grant variances from this ordinance based upon a
determination that a proposed subdivision or development would be compatible with
1111
proposed land use and zoning, and that such proposals would keep with the spirit and
intent Of this ordinance. The procedures tobe followed in applying for8voh8nce from this
ordinance shall be in accordance with state law on findings for variances and shall include
the following:
8. The applicant shall file a completed application form, together with required exhibits,
k} the Community Development Department.
b. The application for a variance shall set forth special circumstances or conditions that
the applicant alleges to exist and shall demonstrate that the proposed subdivision or
development is compatible with existing or proposed land use and zoning.
c. The city will submit the application to the planning commission for their review and
recommendation t0 the city council.
d. The city council may set, at its discretion, a public hearing before making a final
determination on the requested variance.
e. The city council may impose such restrictions upon the proposed subdivision or
development S8 may U8 necessary tV meet the purpose and intent Ofthis ordinance.
CRITERIA FOR APPROVAL
Variances
State law requires that the city council make the following findings to approve o variance from
the zoning code:
1. Strict enforcement would cause undue hardship because of circumstances unique to the
property under consideration.
2. The variance would bein keeping with the spirit and intent of the ordinance.
"Undue hardship" as used in granting of a variance, means the property in question cannot be
put to a reasonable use if used under conditions allowed by the official controls. The plight of
the landowner i8 due k} circumstances unique tV his property, not created by the landowner,
and the variance, if granted, will not alter the essential character Vf the locality. Economic
considerations alone shall not constitute an undue hardship if reasonable use for the property
exists under the terms Of the ordinance.
Rezoning
Section 44-1105[f the zoning code requires that the city council make the following findings LO
rezone property:
1. The proposed change is consistent with the spirit, purpose and intent of the zoning code;
9
2. The proposed change will not substantially injure 0rdetr8tLfn}rnLheUS8Vfn8i0hborng
property or from the character of the neighborhood, and that the use of the property
adjacent to the area included in the proposed change or plan is adequately safeguarded;
3. The proposed change will serve the best interests and conveniences of the community,
where applicable, and the public welfare;
4. The proposed change would have no negative effect upon the logical, efficient, and
economical extension of public services and facilities, such GS public water, sewers,
police and fire protection and schools.
Application Date
The city received this application on November 2l20O8. State law requires that the city council
take action on this request within 60 days of receiving the request, unless the city requires a
time extension or if the applicant ognaea to 8 time extension. In this oaSe, city staff notified Mr.
Jensen Of the city's need for 800-d8y time extension Vn January 9,20OY.As such, the city
council should act on these requests by
March 8.2O07.
p:sen24-2O\stdair hill —mnr.Var and rezone —20O7(findings)
Attachments:
1. Location Map
2. Property Line/Zoning Map
3. Address Map
4. Existing Conditions Map
5. Proposed Preliminary Plat
0. Proposed Site Plan
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Agenda Item K2
AGENDA REPORT
TO: Greg Copeland, City Manager
FROM: CharleS/\hi Public Works Director/City Engineer
SUBJECT: TH 36 - Rice Street Interchange Improvements — Resolution Supporting
Legislation for Preliminary Engineering Study by Ramsey County and MnDO1[
DATE: January 12, 2007
INTRODUCTION
A Joint Task Force, led by Little Canada, Ramsey County and MnDOT are proposing to study the needed
improvements b}Rice Street atT||38in Maplewood, Roseville and Little Canada. The roadway was
formerly Trunk Highway 49 and has been conveyed to Ramsey County from MnDOT. Representative Bev
8C8|z9 (District 54B) is proposing legislation b3 provide $2.000,000 h3vv8[d the preliminary engineering for
this important interchange project to "jump start" an area inlpnJvSQnGDt as part of jobs pnJgn@nl for St.
Jude Medical. Ramsey County and Representative Sc8|z8 have requested 8 resolution [f support from the
City Council.
Background
The Rice Street corridor, from south OfTH3Sto north OfCounty Road J.iS8 congested arterial that
handles large volumes 0f traffic, especially in the PK8 peak periods due k} the mix 0f commuters and retail
establishments that use Rice Street for access. K8ap|8vvood's biggest concern inthe corridor iSthe
congestion ed the Rice Street —lH30 interchange /bridge. Maplewood has some large traffic generators
8t this location in Cub Foods and Schroeder Milk. {)n the north side of County Road BSt Rice Street, St.
Jude Medical (in Little Canada) has recently expanded the facility and is looking to expand their campus
again in the near future. This has the potential t0 add UptO4O0 additional employees tO the 85U jobs @t
their two Little Canada sites within the next 18months. St. Jude iS also looking GL8 further expansion that
could potentially double the number of additional employees in the next 5 years. Their biggest concern iS
the congestion associated with the lFH30— Rice Street interchange. Little Canada and Ramsey County
are working Vn moving the TH30—Rice Street interchange forward for improvement since K8nD[)T has no
plans for GD upgrade until the 2O25+ time frame. These improvements would likely take 3-5 years tOstudy
and begin implementation. State bonding is pnJpOSSd to pay for the preliminary studies. This [8S0|utiOO
does not obligate K48p|8vvood to any funding to the improvement project. There is 8 possibility that future
improvements may require Maplewood financial support as part of existing cost-sharing agreements. That
would be presented h0 the Council oS part 0f future considerations.
his requested that the city council adopt the attached resolution supporting consideration for funding ofthe
preliminary engineering for the TH 36 — Rice Street interchange and direct that the City Manager have the
resolution sent to Representative Scalze, the Commissioner of Transportation, Senator Murphy (chair of
the Senate Transportation COnnnlittR8\, Representative LiRdSr (choir of the House Transportation
Committee), Ramsey County Commissioner Victoria Reinhardt, Senators John Marty and Chuck Wiger,
and Representatives Leon Lillie and Nora S|avvik.
Attachment
1. Resolution
2. Rice Street Bridge Bill from MN State Legislature
SUPPORTING FUNDING FOR TH 36 — RICE STREET
WHEREAS, the Rice Street — TmnkHighway 36 Interchange area is8heavily congested traffic
corridor within the northwestern corner Of the City of Maplewood, and
WHEREAS, this northwestern corner of Maplewood is an important business corridor for a number
Of Maplewood business establishments, and
WHEREAS, the region recognizes that St. Jude Medical is proposing an important expansion of
high-quality jobs in this area that are dependent upon an efficiently operating transportation system, and
WHEREAS, MnDOT and Ramsey County representatives report no funds have been identified to
help upgrade this area to address the heavy congestion, much less than proposed increased traffic from
the St. Jude Medical jobs expansion, and
WHEREAS, it is proposed to fund the preliminary engineering portion of an improvement project to
LheTH 30—Rice Street interchange through state funding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THAT
The Maplewood City Council hereby does support this important regional project and requests that
all governmental agencies provide support for the making of this important transportation improvement.
Adopted this 22 nd day of January, 2007.
1.1 A bill for an act
1.2 relating to transportation; authorizing sale of state transportation bonds;
1.3 appropriating money for Rice Street bridge in Ramsey County.
1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. RICE STREET BRIDGE.
1.6 Subdivision 1. Appropriation. $2,000,000 is appropriated to the commissioner of
1.7 transportation from the state transportation fund for the preliminary planning, design,
1.8 and engineering of the Rice Street bridge where it crosses marked Trunk Hiahwav 36
1.9 in Ramsey County.
1.10 Subd. 2. Bond sale. To provide the money appropriated in this section from the
1.11 state transportation fund, the commissioner of finance shall sell and issue bonds of the
1.12 state in an amount up to $2,000,000 in the manner, upon the terms, and with the effect
1.13 prescribed by Minnesota Statutes, sections 16A.631 to 16A.675 and 174.5 1, and by the
1.14 Minnesota Constitution, article XI, sections 4 to 7. The proceeds of the bonds, except
1.15 accrued interest and any premium received on the sale of the bonds, must be credited to
1.16 a bond proceeds account in the state transportation fund.
1.17 Sec. 2. EFFECTIVE DATE.
1.19 Section 1 is effective July I, 2007.
Sec. 2. 1
Agenda Item K3
TO: Greg Copeland, City Manager
FROM: Ch@rleS/\hl Director Of Public Works/City Engineer
SUBJECT: County Road D East Improvements, City Project 02-07, Resolution
Confirming Eminent Domain Proceedings on Property for Purposes
of Right-of-Way Acquisition for: PIN 03-29-22-21-0004" Owner:
Richard Schreier, (Exhibit 3)
DATE: January 12.2007
On February 9, 2004 the City COUnd| approved COnd8[nnGtOD (eminent domain) proceedings
for a parcel of land at Hazelwood Street and County Road D at the request of property owner
Richard Schreier. Mr. Schreier provided the City with 8 dQhL of entry to construct the project
while negotiations over compensation were completed. Those negotiations have been unable
to reach a compromise and Mr. Schreier has requested that the City allow the courts to
determine on appropriate compensation amount for the property. |tis recommended that the
Council consider approving the attached resolution authorizing eminent domain proceedings on
property for purposes Ofhght'Vf-vv8yacquisition.
Background
On December 9, 2802. the Chv council approved 8 r88O|VUVm to proceed with 8 project to r8S|i0n
County Road [} from H8ze|vv00J Street to TH 01. That rRSO|UtiOn was the Cu|[nin@tiOD of many
hours of discussion and debate with staff, agencies, other communities and property owners.
{)n May 12,2003 the city council selected 8 final alignment for the new roadway and authorized
preparation Of8 preliminary report on the improvement. Additionally, the city council adopted 8
Study and recommendations on the storm water/wetland planning issues for the entire project
area. Following a public hearing on September 8, 2003, the city council approved the
realignment Vf County Road [) between Hazelwood and TH01. The city council approved the
first phase Vf construction with the award Of bid Vn November 1O.2OU3. Construction began in
December for soil correction and wetland creation, along with the correction of poor soils on the
COUntryviSvv Golf Course property.
Construction Unthe roadway began in September 20O5. The City's appraised value for the
Schreier parcel ia$70.O0U. Mr. Schreier ia requesting compensation of$41O for the
property. Staff is continuing to negotiate with this property owner; however, if an agreement
cannot b8 reached, itiSappropriate that the condemnation process is started. This allows the
City iO deposit the $70.00U with the court and the court appoints 3 independent appraisers tn
assign 8 fair value. Negotiations will continue during the process. The condemnation process,
which legally is defined as the eminent domain proceeding, is also used as a negotiating tool.
The filing Cf the legal papers requires the parties to meet a deadline for compromise, and allows
for discussion LV proceed without the project d88d|inHSb8ing|nnp8ct8d.
Budget Impact
Rig acquisition On this project fo[8nCeSd8dtheoriginal project budget due bJthe
explosion in property values in this area. An amount above $70.UO0 will require 8budget
adjustment. All costs are eligible for reimbursement from MSA (State Aid) funds.
Agenda Item K3
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution Authorizing Eminent
Domain Proceedings on Property for Purposes of Right-of-Way Acquisition, City Project 02-07,
and direct staff to continue negotiations to acquire the property necessary for right-of-way
purposes.
Attachment:
1. Resolution
2. Location Map
3. Exhibit 3 — Right of Way Acquisition Map Richard Schreier
RESOLUTION
AUTHORIZING EMINENT DOMAIN PROCEEDINGS
[}N CERTAIN PROPERTY FOR R|GHT-OF-WAYPURPOSES
WHEREAS, on December 9, 2002, the City Council selected an alignment for County
Road O between Hazelwood Street and Trunk Highway 81 (TH81)
WHEREAS, pursuant t0 resolution of the council adopted May 12 report had
been prepared under the direction of the city engineer with reference to the improvement of
County Road O between Hazelwood Street and Trunk Highway 61, City Project O2-O7 and said
feasibility report was received by the council on July 22.2OU3.and
WHEREAS, the report provided information regarding whether the proposed project iS
necessary, cost-effective, and feasible, and
WHEREAS, to construct said improvement it was deemed necessary to acquire property
for right-Of-vv3y purposes from the following properties:
a. P8rC8| U3202221U0O4, Owner: Richard Schreier
WHEREAS, 8 public hearing for said improvement was held OD September 8.2003.and
WHEREAS, on February 8,2004, the City Council determined itiG necessary tobegin
eminent domain proceedings to expedite the acquisition of right-of-way and to ensure that the
project remains on schedule, and
WHEREAS, due to the amount oftime since the adoption of the original n8solVUoniLis
necessary for the Council b] confirm the intent k} proceed with eminent domain.
MINNESOTA: i
1. The city engineer and city attorney are hereby authorized to acquire through eminent
domain proceedings the following properties for purposes Ofhght-Of-vv8yacquisition:
a. Parcel U3202221UOO4, Owner: Richard Schreier
Approved this 22nd day of January 2007.
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MEMORANDUM
TO: Greg Copeland, City Manager
FROM: Karen Guilfbile, City Clerk
ATTN: January 17, 2007
RE: Intoxicating Liquor License Application
Introduction
Agenda Item L I
Joseph Selander has completed an application for an on-sale intoxicating liquor license at
Noodles & Company, located at 2845 White Bear Avenue. Noodles & Company sells
wine and strong beer only.
Background
A background check was conducted on Mr. Selander for the purpose of holding an on-
sale intoxicating liquor license in the City of Maplewood and nothing was identified that
would prohibit him from holding this license.
Mr. Selander grew up in Alexandria and then moved to Roseville where he attended and
graduated from Northwestern Bible College. After graduation he moved to Maplewood
where he still resides. He has worked in the restaurant business for a number of years
including the Noodles & Company located in St. Paul. His professional references
spoken very highly of him.
Chief Thomalla has met with him to discuss measures to eliminate the sale of alcohol to
underage persons, general security and retail crime issues, and the Maplewood Liquor
Ordinances.
During In the course of this investigation, state criminal history files were checked along
with contacts and warrants in the cities of Alexandria, Roseville, Stillwater, St. Paul and
Maplewood and the counties of Ramsey and Washington.
Consideration
Approval of the intoxicating liquor license is requested.
MEMORANDUM
TO: Greg Copeland, City Manager
FROM: Karen Guilfbile, City Clerk
ATTN: January 17, 2007
RE: Intoxicating Liquor License Application
Introduction
Agenda Item L2
Joseph Stanek has completed an application for an off -sale intoxicating liquor license for
MGM Liquor Warehouse, located at 2950 White Bear Avenue.
Backivound
A background check was conducted on Mr. Stanek for the purpose of holding an off-sale
intoxicating liquor license in the City of Maplewood and nothing was identified that
would prohibit him from holding this license. He will also be purchasing the business.
Mr. Stanek moved to the area in 1969 and graduated from Mahtomedi High School. He
then attended Lakewood Community College and worked as a contactor in St. Paul. He
owned and operated the Piccadilly Restaurant in Mahtomedi for 18 years selling it to a
developer last year. The Piccadilly was an on-sale intoxicating liquor license
establishment.
Chief Thomalla has met with Mr. Stanek to discuss measures to eliminate the sale of
alcohol to underage persons, general security and retail crime issues, and the Maplewood
Liquor Ordinances.
During In the course of this investigation, state criminal history files were checked along
with contacts and warrants in the cities of St. Paul and Maplewood and the counties of
Ramsey and Hennepin.
Consideration
Approval of the intoxicating liquor license is requested.
Agenda Item L3
MEMORANDUM
TO: Greg Copeland, City Manager
FROM: Karen Guilfoile, City Clerk
ATTN: January 17, 2007
RE: Change of Manager — Lawful Gambling
Introduction
TSE, Inc. has been a non-profit organization since 1961 and was created for the purpose
of providing training and habilitation services for individuals with developmental
disabilities. They have held a lawful gambling license in the city since 1994.
The organization holds a premise permit for operating charitable gambling at the Chalet
Lounge and Restaurant located at 1820 Rice Street.
The city has received an application for a lawful gambling manager at the Chalet from
Linda Olson. Ms. Olson has been a member of the organization for the last four years
and a background check was completed on her for the purpose of holding this license.
Nothing was identified in the background check that would prohibit her from holding the
license.
Consideration
Approval of the Lawful Gambling Change of Manager.
Item L-4
MEMORANDUM
TO: Greg Copeland, City Manager
FROM: Karen Guilfoile, City Clerk
DATE: January 17, 2006
RE: Council Policy and Procedure Manual
Introduction
The City Council Rules of Procedure for Council Meetings and Council Administrative
I
Policies is reviewed annually for any changes and or requested updates.
Suggested changes have been made under "Section I Meetings, B. Special" to more
clearly reflect State Statute regarding Special Meeting requirements and procedures.
Also, included is a new section on "Emergency Meetings" for council consideration.
In Section 10, "Ordinances, Resolutions, Motions and Reports" language was added
under "E" regarding the publication of lengthy ordinances or ordinances which include
charges or maps. Past practice has been in publishing ordinances to publish a
"summary" of lengthy ordinances indicating that a "Full and complete copy of the
ordinance can be found in the office of the city clerk. " As I was reading State Statue
412.191 Sudb. 4 1 noticed language that required a four-fifths vote of the council
directing only the title of the ordinance and a summary be published.
Recommendation
Instruct staff to make changes as decided by Council.
Revised January 2006
Agenda Item L4
Lei B 1 12 1 1 1 1
Rules of Procedure
for City Council
and Council Meetings
Revised January 2006
RULES OF PROCEDURE
FOR CITY COUNCIL MEETINGS
TABLE OF CONTENTS
PAGE
Scodoo
|
Meetings ----------------------------------|
Scodoo
2
Agenda for Regular Meetings and Council Manager Workshop -----.l
Section
3
Limitation on Council Action ....................................................................
3
Scodoo4
Minutes ........................................................................................................
4
Scodoo
5
Duties ofthe Presiding Offiocc----------------------.4
Scodoo
h
Rules of Debate ...........................................................................................
4
Scodoo
7
Addressing the Council ...............................................................................
5
Scodoo
8
General Rules of Order ...............................................................................
5
Section
Q
Decorum and its Enforcement ..................................................-5
Scodoo
Q
Rules of Civility for Our Community -------------------h
Section
lU
Ordinances, Resolutions, Motions and Reports --------------h
Scodoo
l|
Conduct ofCity at Council Meetings -------------7
Scodoo12
Waiver .........................................................................................................
7
Scodoo
13
Adjournment ................................................................................................
7
Revised January 2006
Section I
MEETINGS
A. Regular
The City Council shall hold regular meetings on the second and fourth Mondays of
each month at 7:00 p.m., provided that when the day fixed for any regular meeting
falls on a day designated by law as a legal holiday, such meeting shall be held at the
same hour on the next succeeding Tuesday, not a holiday, unless authorized by the
City Council.
B. Specia
The Mayor or any two members of the Council by writing filed with the City Clerk at
least twenty-four (24) hours before such meeting may call a special meeting. A special
meeting is a meeting that is held at a time or location different from that of a regular
meeting.
Notice of such meeting shall state the purpose or purposes thereof and shall be
personally delivered to each member or be left at the members usual place of residence
with a person of suitable age and discretion then residing therein, or written notice
thereof shall be left in a conspicuous place at the residence if no such person can be
found there. The notice shall be delivered twelve (12) hours before the meeting time.
The city will post written notice of a special meeting on the principal bulletin board,
located at the entrance of city hall. The notice will state the date, time, place and
purpose of the meeting. The city clerk office will mail notice of the special meeting to
all councilmembers at least one day before the meeting.
In calculating the number of days for providing notice, the first day that the notice is
given will not be counted and the last of the notice will be counted. If the last day is a
Saturday, Sunday or a legal holiday, that day is omitted from the calculation and the
following day is considered the last day, unless it happens to be a Saturday, Sunday or
a legal holiday.
Except for trivial matters, business transacted at a special meeting shall be limited to
that mentioned in the call. Emergency meetings may be called at any time providing
all members of the Council sign waivers of notice to such meeting and said waivers
shall be filed with the City Clerk.
Emergency Meetings — An "emergency meeting" is a special meeting to deal with a
matter that requires immediate consideration of the city council. Posted or published
notice of an emergency meeting is not required. However, the city must make a good
faith effort to notify each news medium that has filed a written request for notice.
Notice must be given by telephone or any other method to notify members of the city
council. The notice must include the subject of the meetings.
1
Revised January 2006
C. Place
All meetings shall be held in the Council Chambers of the Maplewood City Municipal
Building unless there is a posted and/or published notice designating another location.
D. Presiding Officers
The Mayor shall preside at all meetings of the Council. In the absence of the Mayor,
the Acting Mayor shall preside. In the absence of both, the Council members shall
elect one of their members as temporary chairperson.
E. Ouorum
Three members of the Council shall constitute a quorum at any meeting of the Council,
but a smaller number may convene from time to time.
F. Order of Business
At the hour appointed for meeting, the members shall be called to order by the Mayor
or in his/her absence by the Acting Mayor. Upon the appearance of the quorum, the
Council shall proceed to business which shall be conducted in the established order:
A.
Call to Order
B.
Pledge of Allegiance
C.
Roll Call
D.
Approval of Agenda
E.
Approval of Minutes
G.
Visitor Presentations
H.
Appointments/Presentations
1.
Consent Agenda
J.
Public Hearings
K.
Award of Bids
L.
Unfinished Business
M.
New Business
N.
Council Presentations
M.
Administrative Presentations
O.
Adjournment
G. Curfew
No additional agenda item will be discussed after 11:00 p.m. Meetings adjourned
under this policy will be continued on the next Thursday at 5:00 p.m. The continued
meeting will begin at the point on the agenda where the adjournment occurred. No
new items will be added to the continued meeting agenda. A majority of the Council
may extend the meeting beyond the 11:00 p.m. curfew.
2
Revised January 2006
H. First Regular Meeting of the Year
At the first regular Council meeting in January of each year, the Council shall (1)
designate the official newspaper, (2) choose an Acting Mayor on a rotating basis from
the membership of the Council who shall perform the duties of the Mayor during the
disability or absence of the Mayor, and (3) make other annual appointments as
required.
Section 2
AGENDA FOR REGULAR MEETING
A. All matters to be submitted to the Council shall be filed no later than 12:00 noon on
the Monday prior to the Monday Council meeting at which consideration is desired,
and shall be delivered to the City Manager, or in his/her absence, the City Clerk. In
unusual circumstances and when the matter does not require investigation, an item
may be accepted after the deadline upon the approval of the City Manager.
B. Except for trivial matters, no item or business shall be considered for action by the
Council, which does not appear on the agenda for the meeting, except an item of
urgent business, which requires immediate action and is so determined by a majority of
the Council. The Council will hear all reasonable citizen petitions, requests and
statements; however, such items which do not specifically appear on the agenda shall
be deferred to a future meeting for more careful consideration and study if Council
action, other than filing, is required or requested.
The Mayor and each Council member shall be provided with a copy of the agenda,
minutes of the previous meeting, any other reports and information pertinent to the
agenda at least forty-eight (48) hours prior to each regular Council meeting unless
authorized by the City Manager.
No matter may be submitted for Council action by any administrative official,
department head, or employee unless it has first been presented to the City Manager
for inclusion on the agenda.
AGENDA FOR COUNCIL MANAGER WORKSHOP
A. All matters to be submitted for the Council Manager Workshop shall be filed no later
that 12:00 noon on the Monday prior to the Workshop and shall be delivered to the
City Manager, or in his/her absence, the City Clerk. Workshops are held at 6:00 p.m.
prior to regularly scheduled Council meetings. The Council Manager Workshop is
designed to look in-depth into upcoming issues, interviewing commission and board
members, and meeting and discussing issues with other civic leaders. Council
Manager Workshop is a regularly scheduled meeting.
3
Revised January 2006
Section 3
LIMITATION ON COUNCIL ACTION
The Council shall only take action at regularly scheduled meetings, or special meetings, called
pursuant to Section 1, unless all Council members are present at the time the action is taken.
Regular meetings do not include meetings with public bodies in joint or cooperative sessions. All
Council actions shall conform to the requirements of the open meeting law.
Section 4
MINUTES
A. The City Clerk or Acting City Clerk shall keep a record of all regular Council
meetings.
B. Unless a reading of the minutes of a Council meeting is requested by a member of the
Council, such minutes may be approved without reading if each member has
previously been provided a copy.
C. The Council may, by motion carried by a majority vote, amend the minutes. Such
amending motion shall become a part of the minutes of the subsequent meeting.
Section 5
DUTIES OF THE PRESIDING OFFICER
The Presiding Officer shall preserve strict order and decorum at all meetings of the Council.
He/She shall state every question coming before the Council, announce the decision of the Council
on all subjects, and decide all questions or order; subject however, to an appeal to the Council in
which event a majority vote of the Council shall govern and conclusively determine such questions
of order. He/She shall vote on all questions and on a roll call vote rotate the order in which votes
are cast.
Section 6
RULES OF DEBATE
A. The Mayor, or other Presiding Officer, may move, second and debate from the chair,
subject only to such limitations of debate as are by the rules imposed on all members
and shall not be deprived of any of the rights and privileges of a Council member by
reason of his acting as the Presiding Officer.
B. Every member desiring to speak shall address the chair, and upon recognition by the
Presiding Officer shall confine himself/herself to the question under debate avoiding
all personalities and indecorous language.
4
Revised January 2006
C. A member, once recognized, shall not be interrupted when speaking unless it is to call
him/her to order or to vote on a motion to close a debate, or as herein otherwise
provided. If a member, while speaking, is ruled out of order, the member shall cease
speaking until the question of order is determined and if in order, he/she shall be
permitted to proceed.
D. A motion to reconsider any action taken by the Council must be made at the meeting at
which such action was taken or at the next regular meeting of the Council and must be
made by a member of the Council who voted with the prevailing side. Provided such
motion to reconsider is passed, then the parties entitled to notice on the original action
shall be notified, and the reconsideration of the action shall be taken at the next regular
meeting following passage of the motion to reconsider.
E. A Council member may request, through the Presiding Officer, the privilege of having
an abstract of his/her statement on any subject under consideration by the Council, or
the reason for the member's dissent from or support of any action of the Council,
entered in the minutes.
Section 7
ADDRESSING THE COUNCIL
Any person desiring to address the Council shall first secure the permission of the Presiding Officer.
Each person addressing the Council shall give his/her name and address in an audible tone for the
records, and unless further time is granted by the Presiding Officer, shall limit his address to five (5)
minutes. All remarks should be addressed to the Council as a body and not to any member. No
person shall be permitted to enter into any discussion, either directly or through a member of the
Council, without the permission of the Presiding Officer. No question shall be asked a Council
member or any member of the Administrative Staff except through the Presiding Officer.
Section 8
GENERAL RULES OF ORDER
Robert's Rules of Order and Robert's Parliamentary Law shall be accepted as an authority on
parliamentary practice on matters not specifically covered, and in case of a conflict these rules shall
govern.
Section •
DECORUM AND ITS ENFORCEMENT
The Council members, while the Council is in session, must preserve order and decorum, and a
member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace
of the Council, nor disturb any member while speaking or refuse to obey the orders of the Council
or its Presiding Officer, except as otherwise herein provided.
5
Revised January 2006
RULES OF CIVILITY FOR OUR COMMUNITY
Following are some rules of civility the City of Maplewood expects of everyone appearing at
Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple
rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the
fact that when appearing at Council meetings, it is understood that everyone will follow these
principles: Show respect for each other, actively listen to one another, keep emotions in check and
use respectful language.
Section 10
ORDINANCES, RESOLUTIONS,
MOTIONS AND REPORTS
A. Ordinances, resolutions, and other matters or subjects requiring action by the Council
shall be introduced and sponsored by a member of the Council, except that the City
Manager or Attorney may present ordinances, resolutions and other matters or subjects
to the Council.
B. Every ordinance and resolution shall be presented in writing at a Council meeting;
provided however, that the reading of an ordinance or resolution may be requested
with a 415 vote. Upon the vote on ordinances, resolutions and motions, the ayes and
nays shall be recorded. The vote shall be by roll call of all members of the Council as
provided under DUTIES OF THE PRESIDING OFFICER in this resolution. A
majority vote of all members of the Council shall be required for the passage of all
ordinances, motions and resolutions except as otherwise provided by law and except
that amendments to the comprehensive plan and zoning ordinance shall require at least
four (4) votes in favor.
C. Every ordinance, other than emergency ordinances, shall have two public readings as
provided in Subsection (B) of this Section, and at least fourteen (14) days shall elapse
between the first reading or waiver thereof and the second reading or waiver thereof.
D. An emergency ordinance is an ordinance necessary for the immediate preservation of
the public peace, health, morals, safety or welfare in which the emergency is defined
and declared, passed by a roll call vote of at least four (4) members of the Council, as
recorded by ayes and nays. No prosecution shall be based upon the provisions of any
emergency ordinance until the same has been filed with the City Clerk and posted in a
conspicuous place in the City, and twenty-four (24) hours after such filing and posting
shall have elapsed or until the ordinance has been published, unless the person,
persons, firms or corporations charged with violations thereof shall have had notice of
the passage thereof prior to the act or omission complained of.
I
Revised January 2006
E. In the case of lengthy ordinances, or ordinances which include charts or maps, if the
city council determines that publication of the title and a summary of an ordinance
would clearly inform the public of the intent and effect of the ordinance, the council
may by a four-fifths vote of its members direct that only the title of the ordinance and a
summary be published, conforming to State Statute, with notice that a printed copy of
the ordinance is available for inspection by any person during regular office hours at
the office of the city clerk.
Section I I
CONDUCT OF CITY EMPLOYEES
AT CITY COUNCIL MEETINGS
A. The City Manager may take part in the discussions of the City Council and may
recommend to the Council such measures as he/she may deem necessary for the
welfare of the people and efficient administration of the affairs of the City. The City
Manager shall have all the rights, powers and duties prescribed by Minnesota Statutes
in regard thereof however, it is recognized that the City Council is the policy-making
body for the City and the City Manager shall confine his/her discussion at Council
meetings to statements of fact, recommendations based on his knowledge and
experience and explanations of the reasons for the same, and any matters pertaining to
administration.
B. No City employee, other than the City Manager or Attorney, shall enter into
discussions of the City Council except to answer questions directed to such employee,
or to present factual information.
C. The above regulations of City employees shall not be construed to limit the appearance
before the City Council of any City employee, when such appearance is made as a
taxpayer or member of the public, for or against some particular issue under discussion
by the Council when such employee has an interest in the outcome thereof.
Section 12
WAIVER
By majority vote of all Council members, these rules may be waived.
Section 13
ADJOURNMENT
A motion to adjourn shall always be in order and decided without debate.
7
Revised January 2006
Section 14
COUNCIL ADMINISTRATIVE POLICIES
A. Administrative
Staff reports or memorandums regarding any property, including City-
owned property, should include the street address and a location map.
All appointees to commissions, boards, etc., are to appear before the Council
and are ratified by council vote.
All material received at City Hall that will require City Council action shall
be date stamped on the original.
B. Internal Rules of Council
Appearances
When an applicant has requested a public hearing and does not attend the
meeting, the item may be tabled until the applicant can appear.
Procedural Rules
When a Council member is absent from a meeting where a four-fifth's (4/5)
vote is required, the item may be tabled until a full Council is present.
When a Council member is going to be absent when an Agenda item that
they are interested in is scheduled, they may ask for the item to be tabled
until they return, but the request must be approved by the City Council.
Items introduced during Council Presentations at a Council meeting can be
handled in several ways, depending on the direction of the City Council:
a. By a majority vote of the City Council, the item shall be placed
on an agenda of a designated future meeting; or
b. Directed by a consensus of the City Council, staff will
research the item and submit a report to the City Manager for
distribution to the City Council as soon as possible; or
c. The City Manager may handle the item administratively without
any further action by the Council.
8
Revised January 2006
C. Land Use Matters
When a substantive change is made to a previously approved development
site plan, the change shall be submitted to Council.
D. Other Matters
Council audiotapes shall be retained for one year.
A permit fee for an event sponsored by the City may be waived by the City
Manager.
The City, at the discretion of the City Manager, can allow the building to be
closed early on the day before Christmas and the day before New Year's.
Commercial and multiple-dwelling traffic should not be directed through
single-dwelling neighborhoods, unless there is no reasonable alternative.
The council chambers will be made available for non - partisan political
meetings, non-political town hall meetings and candidate forums at no
charge for a maximum use of 4 hours during periods when not otherwise
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required for City business and when a building custodian is scheduled to be
on the premises.
M
Agenda Item L5
TO: Greg Copeland, City Manager
FROM: David Fisher, Building Official
SUBJECT: Funding for Life Safety Construction
PROJECT: Bruemtrmp Farm -2170 County Road D
[)ATE: January 12 for the January 22,20O7 City Council Meeting
INTRODUCTION
|n20U0. the City of Maplewood received notification from the Minnesota Historical Society that the
State had allocated 8 $1OO County and local preservation grant to complete the restoration Ofthe
Bruentrup Historical Farm. The restoration includes the following: fina sprinkler system, fire alarm
system, panic door hardvv8r8, repair the floor, provide an accessible n]Ut8 Lhn]V0h the barn and
update the lighting. This appropriation will not be available until the commissioner of finance has
determined that at least an equal amount has been committed from non-state sources.
There are several steps the city must follow to use the grant. They include:
• Completing and submitting an application and scope of work to the Minnesota Historical
8Voiah/ Historical Architect. The scope of work nnVSt be approved by the State architect and
will b8 incorporated into the grant agreement.
• Using the grant funds and the matching funds for the approved project. Operating costs and
maintenance expenses are not eligible for the grant funding.
• F<8C0Pding 8 d8doradi0O of the state bond @SSiStoDC8 in the OffiCi@| n88| 8atGtR [8COPd for the
property.
• Signing letter of agreement governing the use of Bruentrup Historical Farm buildings and site.
The city must 8ssUnn8 responsibility t8 maintain the property in satisfactory manner for 20
years.
The first step is to submit 8 0onno|8t8 application with 8 Scope of work form to the Minnesota Historical
Society HiStOhCG| Architect. This requires the hiring of an architect and G budget to pay the architect.
T0 this end, staff solicited and received two bids from architects. See the bids on attGChnnHnLG 1 and
2.
The BnJentnup Heritage Farm iSof value b] the city [f Maplewood, itS8re8hisLOrica|soCetv R8nnS8y
County and the State of Minnesota as a highlight for its history, educational opportunities and
tourism. The city 0f Maplewood contributions include: land, land maintenance and management,
snow plowing, engineering services and staff support for mailings/promotions and program
development. The farm iS the home Of the Maplewood Area Historical Society, 8501/C\(3) nonprofit
organization. The farm has been supported by the Minnesota Historical 8oci8b/. |GO 022 and the
cities Of Maplewood, Oakdale, and North St. Paul.
1891 Four generations of the BnJ8nLnJp t]nnik/ operated 8 dairy t8nn UnU| the mid '80s; they
continued to grow crops and produce until the late 1990s.
1998 The Bruentrups could no longer operate the farm due to prohibitive costs.
1989 The land was sold and the buildings slated for demolition. $00O,0O0 cash (esLnn8tRd) and 8lot
of connnnVnUv in-kind support was needed to save, r8k]CGL8 and restore the farm. A $100,000
state appropriation (funding nnatCh), city support and $502.175 in donations of in-kind
nn8teri8|G/|aUnren8U|ed the r8|nCaiiVn and neSiOr8Uon effort to begin.
2000 Site Preparation and restoration work continued. The Preservation Alliance of Minnesota
presents MAHS an award for saving the historic Bruentrup Farm.
2002 City Council approved the BnJentnJp 0stohoo| Farm buildings and Site as historically
significant. Transmitted the historical designation of the BnJ8ntnJp HisLOhQ3| F8nn buildings
and site to the State Historic Pn8Senx3tiOD [)ffiD8 of the k8iDn8SOt@ Historical Society and ask
that the staff review the City's hiStO[iCo| designation for their CODCU[[8ncS and send the reply
to the City ASAP in June. Use the historical d8G|Qn8U0n of the building and site as 8 basis for
the K8op|evvOod Historical Commission, the Maplewood Area Historical SOoi8tv, and other
interested parties work with city and state officials to maintain the BrUentrUp Historical F8nn in
its 8Vth8nUC historical condition LV the extent possible, vvhi|8 also keeping it Safe for use by the
2004 $300,000 appropriation was requested to help complete restoration of the barn for public
safety and access. The Minnesota State Building Code requires that the barn be brought Upto
state public safety and 8CCe8s codes b8h]ne offering educational pnJQn8nn8, interpretive
serviC9S. special needs youth prVQn8nns, 8nhiUitS, receptions, nn8etinQS. company picnics, and
special community events until [83t0radiOD is completed.
2005 $15U,000 appropriation (funding match) was requested to help complete restoration Vfthe
buildings for public access. The Minnesota State Building [ode requires that the buildings be
brought upb} state public safety and access codes before offering educational programs,
interpretive services, special needs youth programs, exhibits, receptions, meetings, company
picnics, and special community events until nRStO[8tiOD is completed.
2000 $10O appropriation (fbndiDQnn8tch)vv8renaquest8dOftheSt8teb}he|pQJnno|8te
restoration of the barn buildings for public safety needs. The Minnesota State Building Code
requires that the buildings be brought VpLO state public safety and access codes before
offering edUC8ti0O8| pn3gr8[nS. interpretive services, Sp8Ci@| needs youth pn]g[8nlS exhibits,
receptions, meetings, company picnics, and special community events until restoration is
completed. In this c8s8, the project needs include providing 8 fire sprinkler system, afirH 8|8rnn
sySkarn, panic door hardware, repairing the floor, providing on accessible route through the
barn and updating the lighting. The City of Maplewood was awarded the grant by the state to
complete the n8sk}n8Uon of the BrVentnJp Farm.
DISCUSSION
In the fall of 2006, Bruce Anderson CODtGCtRd five orChibaCtUc@| firms and received @ list Of historical
restoration projects they had managed. They also provided their hourly rate. After reviewing the five
responses, | contacted the architects and | also contacted two other architects requesting information
about their hourly rates, and a not-to-exceed dollar amount. Staff received replies from two
architectural firms for providing services for the Bruentrup Farm project. The two finnS were
Collaborative Design Group, Inc. and NIA Architects. The proposal from Collaborative Design Group,
Inc. is for $11,400 but only includes three meetings with city staff and does not limit additional
charges. NIA Architects not-to-exceed rate for the project is $17,000. NIA is 8 |Vc8| architect with
offices in Maplewood and the bid did not limit the number of meetings to complete the job.
Staff is recommending that the city council do the following for the Bruentrup Farm project:
A. Authorize spending up to $17,000 and create an account to hire NIA architects to draw plans
and complete the application with a scope of work form for approval by the Minnesota
Historical Society Historical Architect.
B. Authorize staff to record a declaration of the state bond assistance in the official real estate
record for the property.
C. Authorize the city manager to sign a letter of agreement governing the use of Bruentrup
Historical Farm buildings and site. The city must oS3unne responsibility to maintain the
property in satisfactory manner for 28years.
D. Authorize the city manager to 8||Ovv city staff to utilize City servioea, staff and equipment for
the completion Of the project.
p\Sen2N\Bruantnup Farm grant 2U07
Attachments:
1. Collaborative Design Group Inc proposal
2. NA| Architect proposal
3. Declaration letter
Attachment 1
COLLABORATIVE DesignGroup,inc.
January 3, 2007
Dave Fisher
Community Development Director /Building Official
City of Maplewood
1830 County Road B East
Maplewood, Minnesota 55109
Re: Fee Proposal
Project: Bruentrup Barn
#06791.00
Dear Dave,
Thank you for sending the preliminary Plan Review for the Bruentrup Barn Project. CDG is excited
about being involved in this project. With this fee letter, CDG proposes to provide the services
outlined below.
P R O J E C T D E SC R I PT 10 N
The project encompasses bringing the Bruentrup Barn up to code compliance under Assembly
occupancy (A-3). The project is receiving funds from the Minnesota Historical Society therefore
the State Historical Architect is required to review all plans and specifications prior to construction.
P R O J E C T S CC P E
Collaborative design Group will provide drawings and specifications related to the following items
identified in the City of Maplewood's preliminary Plan Review.
1. Swinging door with panic hardware is required at all exit doors per 2000 IBC Section
1007.2.5. However, per Section 1003.3.1,9 No Exception — If the occupant load is over 100.
r
Architecture
Engineering
interiors
Planning
2. Exit width and number of exits are based on the highest proposed occupant load, Based on
the information given the occupant load is 614. The exit width required for 614 occupants
is 122 inches. (614X.2 =122) divided by 2 = 61 inches per floor. Because the maximum
occupant per floor is 307 there are two exits required per floor. Two swinging 3.0 doors will
meet this requirement.
3. Post maximum occupant load on each floor.
4. There will need to be a 5X5 landing outside of each exterior door with frost footings for
protection from heaving.
5. The site approach must be 5% or less to get to the exit doors to meet accessibility.
CUVED
Affirmative Action, Equal Opportunity Employer
100 Portland Avenue South
AN n n Minneapolis, Minnesota 55401
A v !l 1612,332.3654 (332.3626
www.collaborativedesigngroup.com
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6. An elevator is required by the State Building Code if the occupant load is over 30. Curt
Wiehle with the Department of Labor & Industry, Building Codes & Standards indicated
that if there are no stairs connecting the two levels on the inside the elevator is not
required.
7. Plumbing plans shall be submitted to the Minnesota State Health Department for approval.
Per 2000 IBC Table 2902.1 this use is not called out. Call it out as a Theater, hall or
museum. This would require 1 water closet per 125 occupants for male and 1 per 65
occupants for female. 614 divided by 2 = 307 for male & 307 for female. 307/125 = 3 water
closets for male. 307/65 = 4 water closets for female are required. The lavatory sinks would
be two for male and two for female. A hi -low drinking fountain is required. One service
sink is required on each level.
8. Provide power pack emergency lights throughout the space. Minimum one -foot
candlepower at floor.
9. Provide lighted exit lights with battery back up above all exits and to the public way.
10. Provide Fire Department access.
11. Verify a full fire alarm system meets 2000 IBC Section 907.2.1 & Minnesota State Building
Code 1341.0472 Accessibility Code. Contact Maplewood Fire Marshal, Butch Gervais,
requires NFPA 72 fire alarm system.
12. Provide ceramic tile in bathrooms on wall and floor finishes to meet all the requirements of
2000 IBC.
13. The mechanical ventilation system must be designed to provide not less than 15 cubic feet
per minute of outside air per occupant. (occupant load is 307 per level) A Minnesota
registered engineer must sign off on the design.
14. Verify recycling space is provided per Chapter 1300.4700 Minnesota State Building Code.
15. Accessible Parking Requirements: One accessible space is required per MSBC Chapter
1341.0403 and the space shall be "van accessible." All signage and dimensions for accessible
space must also comply with this section. Such signs shall be installed 48"- 60" from the
bottom of the sign to the parking surface. The van aisle must be a minimum of 96" in
width. Verify number of parking spaces.
16. Minnesota registered structural engineer must verify the floor load meets 100 psf uniform
floor load and 2,000 PSF concentrated floor load.
17. Comply with 2000 IBC Usable Space Under Floor. This section requires one -hour fire -
resistive construction.
18, Class "C" flame spread is required in the rooms and class "B" flame spread is required in
the exit. (The stairs area)
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19. The steps out of the basement must comply with 7 -inch maximum rise and 11 inch
minimum run, Handrails are required on both sides of the stairs.
20. Demonstrate compliance with the 1999 Minnesota Energy Code Chapter 7676.
21. City- stamped copy of plans, permit and plan review must be kept on job site,
22. Permits are required for building, plumbing, mechanical, and electrical, fire alarm and
sprinklers. Inspection record card shall be kept on job site for inspector sign off.
Furthermore we understand the following:
1. The Mechanical and Electrical will be Design / Build.
2. The anticipated construction delivery method will be Design / Build. If construction
budget is under $50,000 project will be open bid.
3. Drawings of the existing building and site are available in hardcopy and possibly electronic
format.
4. Site work beyond accessibility (parking lot work, pavings, plantings, irrigation, etc.) will be
done by the City of Maplewood engineer.
5. There has not been a recent condition assessment of the building; however the roof is
"new ". A condition assessment is not part of the scope of this project.
6. Historical finishes as they relate to areas of construction will be part of the project.
7. The Minnesota Historical Society / SHPO will be reviewing the project for compliance with
the Secretary of the Interior Standards.
8. The facility will be used for seasonal barn dances and weddings.
9. No interpretive activities etc. (event center) are anticipated.
10. Chair storage may be included as part of the project scope
11. Facility may have catering but no kitchen is planned.
12. This proposal does not include conceptual designs for items not included in the above
scope.
SCHEDULE
We are prepared to begin upon notice to proceed. The first task will be to schedule a kickoff
meeting to review the program, set milestones, establish goals and confirm the scope.
CoMPEN SAT lON
Our compensation for providing the above basic services will be invoiced on a time and materials
basis according to the attached Rate Schedule. Our fee will not exceed $11,400.00 plus normal
reimbursable expenses as outlined below. If you have questions regarding the scope or fee we would
be happy to sit down discuss them with you.
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Compensation Breakdown
Role
Construction Document
Construction
Total Hours
Fee
Preparation Hours
Administration
Hours*
Architect
46
16
62
$5,270
includes up to 3 meetings (3
hours per mtg.) with City Staff
Preservation /Project
22
16
38
$3,230
Management
includes up to 3 meetings (3
hours per mtg.) with City Staff
and 1 Meeting with SHPO
Structural Engineer
10
10
$1,500
Drafter
20
20
$1,400
TOTAL
$11,400
*Construction Administration includes up to 3 site visits by 1 CDG staff. Site visits will take place at
beginning of construction, mid -point of construction and substantial completion walk through.
A D D I T I O N A L S E R V I C E S
Compensation for authorized Additional Services will be computed on a Time and Materials Basis
according to our Hourly Rate Schedule.
REIMBURSABLE EXPENSES
We will develop a more accurate estimate of reimbursable expenses at the kick -off meeting however,
typically our reimbursables do not exceed 5% of the fee total ($11,400 x 5%= $570).
The following items of direct non -salary expenses (if applicable) will be billed at our cost plus
fifteen percent (15%):
1. Automobile expenses for vehicles, including mileage, parking, or use of rental car.
2. Purchase of specialized supplies in connection with the project.
3. Photographs and processing for project records.
4. Reproduction and plotting of drawings, specifications and reports.
5. Postage, handling, and delivery costs.
6. Transportation and living expenses incurred in connection with the project.
SERVICE OF OTHERS
On occasion, we engage the specialized services of individual consultants or other companies to
participate in a project. When considered necessary, these firms or other consultants will be used
with your approval. The cost of such services will be billed at our cost plus fifteen percent (15%).
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I N V 0 1 C E S
Invoices will be submitted monthly for services performed during the previous month. Payment is
due upon receipt of the invoice. Interest will be added to accounts in arrears (30 days) at the rate
of one percent (1.0 %) per month (12% per annum) or the maximum rate allowed by law,
whichever is less. For the collection of any delinquent account, Collaborative Design Group, Inc.
will be reimbursed for all court costs and reasonable attorneys' fees incurred.
LIMITATION OF LIABILITY
It is agreed that Collaborative Design Group, Inc.'s liability to you for any nature of damages arising
out of or caused by any error, omission, negligence, strict liability, breach of contract or breach of
any other obligation in connection with this Agreement shall be limited to a sum not to exceed
$25,000, or the amount of A/E fees received pursuant to this Agreement, whichever is greater, and
that you will accept this limited amount as full satisfaction of all claims you may assert for damages
arising from Collaborative Design Group's services.
If you desire to increase the limit of Collaborative Design Group, Inc.'s liability for damages,
Collaborative Design Group, Inc. will waive or increase this limitation of liability upon your written
request within 30 days, provided you agree to pay the premium for additional insurance coverage
for the increased liability limits you request.
A C C E P T A N C E
If this proposal is acceptable to you, please indicate by signing below and returning a copy for our
records. We are prepared to begin this project immediately. If you have any questions, please do
not hesitate to call.
Very truly yours Authorized by:
Collaborative Design Group, Inc. City of Maplewood
Philip Waugh Signature:
Preservation/ Project Manager
;JA
William D. Hi
Principal
Title:
Date:
cc: Michelle Moses
CDC Contract Administrator
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Standard Billing Rates Effective Through 2006
P• S I T 10 N
Principal Architect
HOURLY
$150 /hr
Project Manager
$125 /hr
Sr, Project Architect
$110 /hr
Project Architect
$95 /hr
Architect
$85 /hr
Historic Architect
$110 /hr
Intern Architect
$75/hr
Sr. Interior Designer
$110 /hr
Project Interior Designer
$95/hr
Interior Designer
$85/hr
Principal Structural Engineer
$150 /hr
Sr. Structural Engineer
$110 /hr
Project Structural Engineer
$95 /hr
Structural Engineer
$85/hr
Structural Engineer, EIT
$75/hr
Structural Designer
$85/hr
Preservation Specialist
$85 /hr
Digital Technician
$85 /hr
Drafter
$701hr
Clerical
$65 /hr
Cost Estimator
$90/hr
Reimbursable costs average 5% of fee total
26
b. PRICING
i- COLLABORATIVE DesignGroup,i—
01 %0= .'`'�00 1�.� 65148173283 t�NAI ARCHITECTS INC. PAGE 0'
Attachment 2
ARCHITECTS, INC.
January 2, 2007
City of Maplewood
Maplewood Inspection, Planning & Building Operations
1830 County Road B Fast
Maplewood, MN 55109
Aan: David Fisher, Building Official
Re: The Bruentrup Heritage Farm Barn
2170 Coin Read D
Maplewood, MTV 55109
Dear Iblt'. Fisher:
Thank you for the opportunity to submit a quotation of fee for the architectural and structural work-
outlined by the Platt Review of The Brlientmp Heritage Farm Barn, dated June 23, 2006 and the letter
from you dated December 21, 2006.
Our fee will cover:
Code analysis for the Bartz which includes ADA related review including MN Chapter 1341. We vvW
use both 2000 IBC, 2003 MN Code and 2006 IBC, 2006 MN State Cade.
We will provide architectural and sexual pkm for a building permit that will cover the items
outlined by your Plan Review ofJum 23, 2006.
!terns not included, Mechanical Ph=
Electrical flans
Site/Building Survey
We have reviewed with our Engineer the .Barn budding and surrounding site. Our fee inclu&s the
engineering ems.
Our fees are for full architectural and structund design of the Facility including:
I. As -Built Dmwintg
2. Design Development
3. Construction Docuinents as outlined by the Flan Review of 6123106
4. Limited Administration (shop drawings, city and Maplewood Historical Society
cgs and periodic visits to tlee site to review progress and quality of work),
245 EAST ROSELAWN AVENUE • SUI TE 30 + MAPLEWOOD, MN 55117 ► (651) 487 -3261 - FAX (651) 487 -3283
01i'0 i'20Et' 12..' <;+ 6514ci 3283 NAI ARCHITECTS,, INC. PAGE 0:3
Jmguy 2, 2007
City of Maplewood
Attm bdr. David Fisher
Re. The Br+uentrup 1rlerfge Farm Barn
Page 2.
Ow fees for the project shall be lased on an Dourly rate not to exceed $17,0000.00 which inicudes
engineeft.
Our hourly rates are as follows:
Pt mipah
Project Architect:
Technician.
Consulting Engineer;
Secretariak
Code Consultarrt;
$115.0041r.
S105.00IHr.
$ 70.00111r.
$125.0014r.
$ 40.0011 -1r.
$100.00/11r.
Not included in our fees are reimbursables to the architect for; prints, plots, copies, messenger services
and color renderings of the Barn building if required.
We will be available for Historical Society, Planning Commission and Council meetings at an hourly
rate.
We will require a retainer of 25% of the not to exceed fee to commence work on the project.
Any work requested or required beyond the scope of the Plan Review and this contract will only be
done by written contract between. Architect and City of Maplewood.
We again thank you for allowing us the opportunity to work with you on this project az>rd should you
have any questions mgarding the above, please contact Ken Nordby or John Gaspar.
John K Gaspar, ,Architect
NAI ARCHITECTS, INC.
JKG /cros
EXHIBIT I — DECLARATION Attachment 3
The undersigned as owner of fee title to the real property (the "Real Property") legally described in Exhibit
A, which is attached hereto and made a part hereof, hereby declares that the title to the Real Property is hereby
subject to the following restriction:
The fee title to, lease of, or easement on the Real Property is state financed property within
the meaning of Minn. Stat. § 16A.695, as amended from time to time, is subject to the
encumbrance created and requirements imposed thereby, and cannot be sold or otherwise
disposed of by the public officer or agency which has jurisdiction over it or owns it without
the approval of the Minnesota Commissioner of Finance, which approval must be evidenced
by a written statement signed by the Commissioner of Finance and attached to the deed or
instrument used to sell or otherwise dispose of the fee title to, lease of, or easement on the
Real Property.
Title to the Real Property shall remain subject to this restriction until; (i) the restriction has been fully complied
with as evidenced by a written approval from the Minnesota Commissioner of Finance, or (ii) a written release,
releasing the Real Property from the restriction, signed by the Minnesota Commissioner of Finance, is recorded in
the real estate records relating to the Real Property.
Signature Date
Print name/title
STATE OF Minnesota
COUNTY OF
The foregoing instrument was acknowledged before me this day of 1 20 by
(name), the
(title) of
under the laws of the State of Minnesota, on behalf of the
This Declaration was drafted by:
Minnesota Historical Society
Historic Preservation Department
345 Kellogg Blvd. West
St. Paul, MN 55102
Notary Public
Agenda Item L6
TO: Greg Copeland, City Manager
FROM: CharlesAhi Public Works Director/City Engineer
Michael Thompson, Civil Engineer
SUBJECT: Brookview Area Street Improvements, City Project 07-01, Resolution Ordering
Preparation of Feasibility Study
DATE: January 9
The Bn}0kvi*vv Area Streets, bounded bvYHQ4hn the north and Battle Creektotheaouth(oeea/tached
location map), are listed in the Maplewood Capital Improvement Plan as a proposed project fOrth82O08
construction season. Due to anticipated low construction costs and rising bituminous prices, it would be
advantageous for the city b]construct a portion Vf this project in2UU7.(]nJ8nV8ry8,20UY.LheCitvCVVnci|
directed the staff tO prepare @ resolution considering initiating the project. That action ia accomplished by
approving the attached resolution ordering the preparation of the feasibility study.
Background
The Bn}OkvievvArea 8Lne8iS have continued to deteriorate over the years with the Sir8eL8 having 8 current
weighted average PC| rating of 36 (OD 8 sCo|S from 1 to 100). kX@Dy of the streets were OvRr|@y8d in the
nlid-1980'S and have been inonl jOr|ydRtSri0rGtedcODditiOnfornl8nyyS8nS. The public works
department continues to spend a considerable amount of time and expense maintaining these streets by
patching p0th0|8S in SHv8n8 GrR8G LO sustain G nnininnVnn level of service. Residents in this neighborhood
have contacted the city on many occasions in the past year requesting that their streets be reconstructed
os soon 8s possible due to the very poor condition of the roads. This project vvnu|doonsi3tof
8pprOxinn8L8|y 1.7 nni|e8 of sLne8i reconstruction, including drainage and utility innpn]v8nn8nt8, 8|Vn0 with
noise berm construction in the Crestview Drive area. The majority of streets do not have Curb and 0Vtter,
further creating pavement problems due tO the failure tO properly handle drainage.
Staff will initiate the project process and [88Gibi|ih/ study by sending an information letter to the
neighborhood residents this month and beginning the soil investigation b] determine the extent Cf
reconstruction /repavenoentoptions. |n February and March, topographic surveys and preliminary
engineering studies Of the project 8n8avvi||beConnp|et8dtOidentifvtheSCopeOfproject work. Gtoffvvi||
follow Vp with neighborhood meetings 8s the feasibility study is being completed. |tiS anticipated that the
public hearing will be held in early April. Assuming 8 project design in April and May, bids in June,
C0nStrUntiOD COU|d begin in mid-July. ASubSt@nU@| @[nOUnt of the project C0U|d be nO[np|9Led in 2007.
Budget Impact
Anot-to-exoeed project budgetof$80 jeCtdeve|Opnoent.top0gr8phio
surveying, soil borings and preliminary engineering required for completing the feasibility study. Finance
and engineering staff are preparing a presentation to the City Council on possible savings on pursuing this
project one year early, along with reports on bonded indebtedness and bond capacity. |tis anticipated that
the financial reports will be made in February or early March, before a public hearing is considered. If the
Council determines that the project shou|dnoLpnJCH8d,8||thepr8|inl|n8ryvvork8ndLhe $60.000
Agenda Item L6
expenditure will be used as part of the 2008 consideration and none of this expenditure will be wasted.
Staff recommends that the city council approve the attached resolution ordering the preparation Cfthe
feasibility study for the Bnn0kvievv Area Street |nnpnOvenoenh;. Qb/ Project 07-01.
Attachments:
1. Resolution
2. Location Map
RESOLUTION
WHEREAS, it is proposed to make improvements to the Brookview Area Streets, City
Project 07-01, 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 $60,000 are appropriated to prepare this
feasibility report.
Approved this 22 day of January 2007
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Street Improvements
bi
no scale Exhibit 1
Project Streets
Brookeview Area Streets Improvement 07 -01
Agenda Item L7
TO: Greg Copeland — City Manager
FROM: Ch@rl8SAhl. Pubic Works Director/City Engineer
Erin[aberee — /sSistGntCity Engineer
SUBJECT: Desoto-Skillman Area Street Improvements, City Project 06-16
Sidewalk Survey
DATE: January 10,2007
INTRODUCTION
The Desoto Skillman Area Streets are scheduled for reconstruction beginning the spring of 2007. As part of
the project, 8sidevva|kiSb8inQpn}posed8k]ngO8gok}Stn]8tfronnCVunb/RVadBtVLarp9nt9VrAv8nU8.
The public hearing for this project vv@She|dOOK8ond8y
regarding their concerns with the project. A[8cUrhDg concern was the addition Of@ sidewalk along Desoto
Street.
Background
During the public hearing, the council requested that staff draft a survey for the addition of the sidewalk
along Desoto Street and poll residents within a 300 foot radius of the proposed sidewalk. The survey and a
letter to be sent to the affected residents are attached for the review of the council.
At this Urne. staff recommends that the sidewalk be constructed along the east side of Desoto Stneet, but
may be r8k]CaL8d to the west side if there is more support from the residents. By locating the sidewalk on
the east side, the r8nnm/a| Vf mature trees will be minimized and the sidewalk will run adjacent to Edgerton
Park and Edgerton School which would not require pedestrians to cross the street to reach these
destinations. The survey lets residents choose which side of the street they would prefer the sidewalk 0nor
they may choose not k] support the sidewalk 8tall.
Once the surveys are returned and the results tabulated, staff will present their findings to the City Council
8t the February 12"',20UY meeting for 8 final decision nn the installation Uf sidewalk along Desoto Street.
It is recommended that the city council make any necessary changes to the survey and approve it for
distribution [0 residents within 83U0 foot radius 0f the proposed sidewalk along Desoto Street.
Ax*ohmomo:
1. Location Map
2. Sidewalk introductory letter
3. Sidewalk survey
RESOLUTION
APPROVING SIDEWALK SURVEY
WHEREAS, the city council heard public testimony regarding the proposed sidewalk along Desoto
Street from County Road Bto[arpenteUr Avenue during the public heah m nQattheJonUaryR ' 2OOYcity
council meeting;
AND WHEREAS, council directed staff tO prepare o survey tO poll residents within @30U foot radius
Cf the proposed sidewalk
NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL OF MAPLEVVOC)D.
MINNESOTA, the city council authorizes staff to make any necessary changes directed by council to the
sidewalk survey and distribute it to residents within a 300 foot radius of the proposed sidewalk.
January 23, 2007
Re: Desoto Skillman Area Street Improvements, C.P. 06-16
Dear Maplewood Resident,
The City's engineering staff is recommending the construction of a sidewalk along Desoto Street
from County Road B to Larpenteur Avenue as part of the Desoto Skillman neighborhood street
reconstruction project in the summer of 2007. Enclosed is a survey form asking for your opinion in
favor or against a sidewalk. The results of the survey will be brought to the city council for a final
decision at the February 12 city council meeting.
The basis of the engineering staff recommendations is that there are many benefits a sidewalk will
bring to residents in the area. Walking is great exercise and our experience shows that more
neighborhood walking is encouraged when a sidewalk is nearby. Pedestrian safety is a major
engineering concern along busy streets like DeSoto and the sidewalk will provide an area to walk
safely on a sidewalk instead of in the street, especially for children walking to and from Edgerton
School. The city will maintain the sidewalk in the winter and does all plowing.
Please write in your address on the survey form. This will allow staff to categorize the results for
residents living north or south of Roselawn Avenue. The survey forms must be postmarked by
January 31 2007.
Please contact Steve Kummer, the Project Manager at 651-249-2418 or Erin Laberee, the
Assistant City Engineer at 651-249-2404 if you have any questions. For more information
regarding the project, check the city's website at www.ci.maplewood.mn.us, under Current
Projects.
U�=
Charles Ahl, P.E.
Director of Public Works / City Engineer
Maplewood Engineering Department
Desoto Skillman Area Street Improvement, C.P. 06-16
Desoto Street Sidewalk Survey
Address:
YES, I am in favor of a sidewalk...
If it is constructed on the east side of the street
If it is constructed on the west side of the street
Does not matter which side it is constructed on
NO, I am NOT in favor of a sidewalk
Comments:
Agenda Item L8
TO: Greg Copeland, City Manager
FROM: Charles /\hi Public Works Director/City Engineer
Michael Thompson, Civil Engineer
SUBJECT: 1616 Currie Street Lot Split, City Pr 06_25 Resolution Ordering
Preparation of Feasibility Study
DATE: January 8
INTRODUCTION/SU M MARY
The owner 0f1818Currie Street iS considering o lot split. Please see Exhibit / and Exhibit 2 for the
location map and aerial photo, respect The city council will consider initiating the project bv8ppn]vinQ
the attached resolution ordering the preparation 0f the feasibility study.
Background
Thomas Gilbert, resident and owner Of1018Currie Street, has approached the city regarding G lot split Of
his property. [)
v� n January 5 m .20UY the city received 8 faxed letter from Mr. Gilbert petitioning the city bJ
conduct 8 feasibility study (Exhibit 3Ut0 extend the temporary cU|'d8-S8ck] the south and construct 8
permanent cul-de-sac. Mr. Gilbert has paid $5OU.00tO the city for the study.
The 1616 Currie Street lot iS located 8t the south end ofCurrie Street, south nfL8rpenieurAvenue. The
street is8 dead end with 8 temporary CV|-de-sac. Originally, Currie Street was predicted b] extend and
connect into the Hoyt Avenue neighborhood. Hoyt Avenue was extended in2O08GS part Of the Jensen
Estates Development. Due t0 steep grades and resistance from the residents, the Jensen Estates
Development was not connected bJ Currie Street, but rather conditioned t0 have 8 permanent cU|'dR-SGC.
A bituminous trail was constructed 8Gpart of Jensen Estates to eventually connect the two neighborhoods.
|n order for the lot split to occur, certain conditions would be set, such as extending the cul-de-sac further
kJ the south and making itpermanent. Also, a trail easement and bituminous trail would b9 conditioned tV
connect into the Jensen Estates trail, which is due tO be completed in spring 2007.
This project would be fully funded by the owner of1818Currie Street. Staff will initiate the feasibility upon
Council approval and staff will send an information letter hO the nei reSidentaondindude
feedback from residents in the feasibility study. Once the feasibility study is finalized, city staff would bring
the study tV the Council for approval and calling for 8 public hearing. At this time, itis anticipated the
council will also vote tO approve the proposed lot split. This spring, the engineering department would
begin o small topographic survey and engineering study Of the project 8r88. |tiS anticipated that the public
hearing would be held in late winter.
Budget
A project budget0f$50O posted bv the owner 0f1G10 Currie Street, would be established for the
preliminary engineering required for completing the feasibility study.
Agenda Item L8
N* 614] LY, I ky, 14 1! 1 BEN 1 [01 ki
Staff recommends that the city council approve the attached resolution ordering the preparation of the
feasibility study for the 1616 Currie Street Lot Split, Project 06-25.
Attachments:
1. Resolution
2, Location Map
3. Aerial Photo
4. Petition Letter
RESOLUTION
WHEREAS, it is proposed to make improvements to Currie Street, City Project 06-25, 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 $500.00 are appropriated to prepare this
feasibility report.
:0
1616 CURRIE STREET LOCATION MAP
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DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and
data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only.
SOURCES: Ramsey County (December 4, 2006), The Lawrence Group;December 4, 2006 for County parcel and property records data; December 2006 for
EXHIBIT 2
1616 CURRIE STREET AERIAL PHOTO
DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and
data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only.
SOURCES: Ramsey County (December 4, 2006), The Lawrence Group;December 4, 2006 for County parcel and property records data; December 2006 for
FROM AMERICAN PRIDE HOME SERVICES (FRI) 1. 5'07 9:04/'ST. 9:04/N0A860011455 P 2
EXHIBIT 3
January 5, 2007
To Whom It May Concern:
I wish to move forward with a feasibility study surrounding the lot split of my home
located at 1616 Currie Street, Maplewood MN 55119. Please feel free to contact me with
any questions on my cell phone, 612-414-5328.
Thank you,
Thomas G. Gilbert
Agenda Item L9
TO: Greg Copeland, City Manager
FROM: Charles Ahl, Director of Public Works/City Engineer
Michael Thompson, Civil Engineer I
SUBJECT: Trunk Highway 36 at Hazelwood, City Project 03-31, Approve Submittal
of 2007 Minnesota Safe Routes to School Funding Application for Trail
Improvements
DATE: January 9, 2007
INTRODUCTION
The Minnesota Department of Transportation has proposed eliminating the pedestrian crossing on Trunk
Highway 36 at Hazelwood Street. This proposal does not provide alternative routes for area pedestrians,
including students walking to school. An alternative plan, developed by Maplewood staff, calls for adding a
trail to connect to the Vento trail, this would provide a grade-separated crossing of TH 36. Approval from
the council to submit this grant request is required for the application.
Background
The Minnesota Department of Transportation (Mn/DOT) is soliciting funding applications for the Minnesota
Safe Routes to School Grant. The Safe Routes to School (SRTS) program was created by the Federal
Surface Transportation Act and established the grant program to provide communities the opportunity to
improve conditions for walking and bicycling to school. The current solicitation has an estimated $1.3
million available for consideration. Mn/DOT staff considers the pedestrian crossing on TH 36 at
Hazelwood, which is a painted grade crossing, as unsafe. The estimated cost of the improvements is
approximately $275,000. Authorization to submit the grant application is recommended.
Budget Impact
City staff will prepare the application for submittal by the January 31' 2007, deadline. The study cost is
minimal and will be paid out of the Public Works general fund.
Staff recommends that the city council approve a motion authorizing submittal of the Mn/DOT Safe Route
to School funding application for the Trail Improvements at TH 36 and Hazelwood Street.
Attachments:
1. Resolution
2. Site Map
=0611111011wrem
CITY OF MAPLEWOOD
TRUNK HIGHWAY 36 IMPROVEMENTS
AT HAZELWOOD STREET
WHEREAS, The Minnesota Department of Transportation has identified a major safety
problem with an at -grade pedestrian crossing of TH 36 at Hazelwood Street, and
WHEREAS, The Minnesota Department of Transportation has identified the possible
abandonment of the pedestrian crossing due to these safety concerns, and,
WHEREAS, The City of Maplewood and the Minnesota Department of Transportation have
identified the need to extend trail connections from Hazelwood Street along both the north and
south sides of TH 36 to the grade separated crossing at the Bruce Vento Trail, and
WHEREAS, The City of Maplewood and the Minnesota Department of Transportation plan
to enter into a Joint Powers Agreement to accomplish the installation of the safety trail
improvements, and
WHEREAS, The City of Maplewood is submitting a request for $175,000, to help pay
for the needed improvements, to the Minnesota Department of Transportation for the proposed
improvements, Now Therefore,
BE IT RESOLVED, That the City Council of the City of Maplewood does hereby endorse the
request for funding submitted to the Minnesota Department of Transportation Safe Routes to
School program, and, encourages the Minnesota Department of Transportation to act favorably on
the request for funding.
Approved this 22 " d day of January 2007
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City of Maplewood, Minnesota
Department of Public Works
Engineering Division
PROJECT LOCATION MAP
HAZELWOOD STREET /TH 36
PEDESTRIAN /BICYCLE TRAIL
IMPROVEMENT PROJECT
Agenda Item L10
TO: City Council
From: Greg Copeland, City Manager
Date: January 16, 2007
Re: Policy to Waive Collection of City Employee Emergency Medical Services
Charges
It has come to my attention that the City of Maplewood does not currently offer as a
benefit to our employees waiver of charges for Emergency Medical Services, EMS.
The City is currently attempting to collect a balance of $262.14 from an employee.
Susan Zweig, Administrative Assistant, Maplewood Fire and Emergency
Management, (name used with the permission of the employee) for an EMS
transport that occurred on August 4, 2006. The employee was billed $1,240.50 for
the transport to St. John's Hospital and Blue Cross/Blue Shield paid 78.8% of the
charge or $978.36. The City of Maplewood has certified this balance for collection
through the Minnesota Department of Revenue.
Recommendation:
I . The City of Maplewood waive collection of balances due for City employees
and their named insured dependents covered by City issued medical insurance,
for EMS services, beyond reimbursement of charges recovered through City
provided medical insurance and/or other medical insurance available to the
employee or their named insured dependents.
2. The City of Maplewood cease all collection efforts against any employee owing
a balance for EMS to the City and waive those charges pennariently.
50 ewt
FED. ID 41-6008920
CITY OF MAPLEWOOD
Finance Department Agenda Item L10
1830 County Road B East MARY
Maplewood, MN 55109
Together ti Can (651) 249-2911
`— 160 006
ENCLOSED
DETACH ALONG PERFORATIONAB6vE AND RETURN STUB WITH YOUR PAYMENT
PATIENTNAME: ZWI EG, SUSAN C CALL NUMBER: 06014027
We have submitted a claim for your ambulance services to your insurance company. If the
insurance company pays you, please endorse and write "Pay to the order wF City of
Page i ox I
Agenda Item L10
Greg Copeland
From: Susan ZWieg
Sent: Thursday, January 04, 2007 8:29 AM
To: Greg Copeland
Attachments: ambulance.bill.jackson.contest.doc
Good Morning Greg:
I just thought I would update you. Ironically, I received a phone call last night at home from a
collection agency regarding the ambulance bill. I told her what was going on and she asked
me when I would know something. I told her that it is suppose to go to the council on the 22 n
and she asked me to call her back no later than January 25, so I do have some time. Also,
I've attached the letter I was planning to send to finance — any comments or suggestions on
that?
Thanks again for your consideration and have a great Thursday.
, 5LeSRJ.L ZtA eGq
1/4/2007
CITY OF MAPLEWOOD
Finance Department
1830 County Road B East
Maplewood, MN 55109
FED. ID 41-6008920
Agenda Item L10
MARY
(651) 249-2911
PLEASE PAY THIS AMOUNT '
DETACH ALONG PERFORAtION'A136VEANIJ RETURN STUB WITH YOUR PAY&iENT
`1240-50:
-_
PATIENT NAME.. ZWIEG, ISUSAN .0 CALL NUMBER: 0601400 - ' - -- . ': AM6 IJNTDUE$
PATIENT NIJMBER BILLING AtE'.'08MI2006 AMOUNt$
ENCLOSED
We have submitted a claim for your ambulance services to your insurance company. If the
insurance company pays you, please endorse and write "Pay to the order of City of
Maplewood".
l o QlueCross BlueShield
of Minnesota
fin endent ifs vrSee ai the 81ne Cross and 8tue Shteld Assodabft
P.O. Box 64560
St. Paul, MN 55164 -0560
SUSAN ZWIEG;
SS �1�tlFiit! l3�S iFlI�i1S k�S i��tllk !llik�l�i�
Patient ID
Received [processed
Claim Number
ITY OF MAPLEWOOD
Subscriber/Member Name
SUSAN Z W I E G
Patient Name
SUSAN ZWIEG
Provider
MAPLEWOOD POLICE PARAMEDIC PROGRAM
Patient Control Number
06014027
Dates of Service
From 08 /04/()6
From
From
From
From
To 06/04/06
To
To
To
To
Description
AMBU LANCE
Charges
1
Provider Responsibility Amount
Allowed Amount
1,240.50
Amount Paid By Other Insurance
Deductible Amount
262.14
Copay Amount
Coinsurance Amount
Paid Amount
978.36
Patient Noncovered Amount
Amount You Owe
262.14
Notes ld
Notes
Total Charges
1,240.50
Total Benefit Amount
978.36
Total Amount Paid by
Other insurance
0.00
Total Amount You Owe
262.1.4
Explanation of Health Care Benefits
V Agenda Item X10 „ .. - w
THIS IS NOT A BILL. This is an explanation of the claim processed
basest on your plan benefits in effect when the service was performed.
Please keep this form for your tax records.
PLEASE REFER TO YOUR CERTIFICATE, CONTRACT, OR
SUMMARY PLAN DESCRIPTION (SPD) FOR YOUR PLAN
BENEFITS. VISIT YOUR WEB SELF—SERVICE ADDRESS
WWW. BLUECROSSXN .COMFFO
FOR
INFURMATION LAN BENEFITS
DESCRIPTIONS.
Year to Date Deductible
Contact. For Customer Service - Please Cali:
(651) 662 -5001 OR TOLL FREE 1-800 -531 - 6676
See reverse side for Complaint /Appeal, Fraud and other Important Information.
Agenda Item L10
January 3, 2007
City of Maplewood
Mary Jackson, Finance Department
1830 County Road B East
Maplewood, MN 55109
Re: $262.14 balance for ambulance service on 81412006
This letter is in response to the letter I received December 19, 2006 regarding ambulance
services charges being certified to the Minnesota Department of Revenue for collection.
I am contesting these charges as I strongly believe these charges should not be a
burden of the employee and written off as a city of Maplewood employee benefit.
Sincerely,
Susan 7xman
Agenda Item N1
To: City Council
From: Greg Copeland, City Manager
Date: 1/1 8,
Re: Citizen Advisory Boards and Commissions Meetings Broadcast Schedule
Please be advised that Mychal Fowlds, IT Director has arranged with GTN Channel 16 Cable TV to
broadcast live all the City Council's Citizen Advisory Boards and Commissions for 2007 starting in
February.
Meetings and Broadcast Schedule of Citizen Advisory Boards and Commissions
Community Design Review Board 2 nd and 4` Tuesday 6:00 p.m.
Environmental and Natural Resource Commission 1" Thursday 4:45 p.m.
Historic Preservation Commission 3 rd Thursday 7:00 p.m.
Parks and Recreation Commission 3 d Wednesday 7 :00 p.m.
Planning Commission lst and 3 rd Tuesday 7:00 p.m.
Housing and Redevelopment Authority 2 nd Wednesday 7:00 p.m.
Community Outreach Commission 4 th Wednesday 7:00 p.m.
A broadcast replay schedule of these meetings on GTN is being developed and will be announced at a
later date.
. e5Zth" we 'Can
Agenda Item N2
11 ! ti Il 1 o
To: City Council
From: Greg Copeland, City Manager
Date: January 18, 2007
Re: Openings for Citizen Advisory Boards and Commissions
Please be advised that applications are now being accepted for 19 openings on six City Advisory
Boards and Commissions. Applications should be returned to the City Manager's Office by Friday,
January 26, 2007 so an interview can be scheduled with each applicant before the City Council.
Interviews are being scheduled for January 29, 2007 beginning at 5:00 p.m. with additional
interviews being set for February 12, if necessary.
City Board and Commissions Openings:
Community Design Review Board — 4 openings
Community Outreach Commission — 7 openings
Housing and Redevelopment Authority — 1 opening
Parks and Recreation Commission — 3 openings
Planning Commission — 3 openings
Police and Civil Service Commission — 1 opening
Attachment
. e5'ah" we 'Can
CITY OF MAPLEWOOD
BOARDS AND COMMISSIONS
APPLICANT INFORMATION FORM
NAME:
F-110101:1
a F , -
Home:
U
You may attach a resume or other summary of your background and experience for appointment to this
Commission.
1. On which Board or Commission are interested in serving? (please check)
❑ Community Design Review Board
❑ Housing & Redevelopment Authority
❑ Community Outreach Commission
❑ Parks and Recreation Commission
❑ Environmental & Natural Resources Commission
1:1 Planning Commission
❑ Historic Preservation Commission
❑ Police and Civil Services Commission
2
3
4
5
6
How long have you lived in the City of Maplewood?
Will other commitments make regular attendance at meetings difficult? Yes ❑
Please list specific reasons why you would like to serve on this Board or Commission?
No ❑
Do you have any specific areas of interest within the Board's or Commission's scope of responsibilities?
List any community organizations or activities in which you have recently or are now an active participant.
Please share any additional comments on why you should be selected by the City Council.
THE INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC EXCEPT FOR
HOME AND WORK TELEPHONE NUMBERS AND E-MAIL ADDRESS.
Return or mail this application to: City of Maplewood, 1830 County Road B East, Maplewood, MN 55109
I - General Infomiation\'Boards & Commissions ApplicationAoc 12.08.06