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Home My WebLink About2007 04-09 City Council PacketMAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, April 9, 2007 Council Chambers, City Hall Meeting No. 07-07 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country D 10 Mayor's Address on Protocol: "Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments." D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Minutes from the March 26, 2007 Council Manager Workshop 5:00 p.m. 2. Minutes from the March 26, 2007 Council Manager Workshop 6:00 p.m. 3. Minutes from the March 26, 2007 City Council Meeting F. VISITOR PRESENTATIONS G. APPOINTMENTS/PRESENTATIONS 1. Police Civil Service Commission Appointment 2. Community Center Update — Citizen Services Manager, Karen Guilfoile 3. Fire Department Recruitment Open House — Fire Chief, Steve Lukin 4. Resolution Honoring Staff of the Emergency Communications Center and declaring National Telecommunicators Week. H. PUBLIC HEARINGS CONSENT AGENDA 1 Joint Powers Agreements — Bellaire Beach — Town of White Bear Lake — Mahtomedi Beach — City of Mahtomedi and Tanner's Beach — City of Oakdale 2. Approval of Claims 3. Temporary Gambling Resolution — Church of the Presentation of the Blessed Virgin Mary 4. Citizen Services Recreation Agreement for Adult Softball Official Coordinator 5. Authorization to Pay Invoice for Squad Car Repair All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. J. AWARD OF BIDS K. Unfinished Business 1. Proposed Right of Way Ordinance — Approval of Final Changes L. NEW BUSINESS 1. Funding Request for Silver Lake Improvement Association for Treatment of Noxious and Invasive Weeds in Silver Lake. 2. On Sale Intoxicating Liquor License — Douglas Selly - for TGI Fridays - 3. Century Avenue Improvements (Brookview Drive to Lake Road), City Project 03-15, Resolution Ordering Preparation of Feasibility Study. 4 Cottagewood Public Improvements, City Project 06-10, Resolution Ordering Preparation of Assessment Roll 5. Desoto-Skillman Area Streets, City Project 06-16 and Mogren Street Improvements, City Project 06-17, Approving Resolution to Advance Municipal State Aid Street Funds. M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS 1. Fire Relief Association Update — Finance and Administration Manager, Bob Mittet O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249-2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, 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. Agenda Item El MINUTES COUNCIL/MANAGER WORKSHOP Monday, March 26, 2007 Council Chambers, City Hall 5 p.m. A. CALL TO ORDER A workshop of the City Council was held in the City Hall Council Chambers and was called to order at 5:00 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Absent Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Mayor Longrie moved to approve the agenda as submitted. Seconded by Councilmember Rossbach Ayes-all D. NEW BUSINESS None E. UNFINISHED BUSINESS 1. Discussion of Proposed Gladstone Redevelopment Project Zoning F. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:05 p.m. March 26, 2007 City Council Meeting Agenda Item E2 MINUTES COUNCIL/MANAGER WORKSHOP Monday, March 26, 2007 Council Chambers, City Hall 6 p.m. A workshop of the City Council was held in the City Hall Council Chambers and was called to order at 6:07 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 submitted. Seconded by Councilmember Cave Ayes-all D. NEW BUSINESS E. UNFINISHED BUSINESS 1. Street Reconstruction Program a. City Engineer Ahl presented the report. F. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:47 p.m. March 26, 2007 City Council Meeting MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m. Monday, March 26, 2007 Council Chambers, City Hall Meeting No. 07-06 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Ch at 7:00 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 The agenda was amended as follows: M1 Environmental Activities M2 Dispatch Policy M3 Rush Line Corridor M4 Locate Task Force Meeting M5 Property Taxes Mayor Longrie moved to approve the agenda as amended. Imember Cave Ayes-all Agenda Item E3 and was called to order E. APPROVAL OF MINUTES 1 . Minutes from the March 12, 2007 City Council Meeting Councilmember Cave moved to approve the March 12, 2007 City Council Meeting Minutes as amended. Seconded by Mayor Longrie Ayes-all F. VISITOR PRESENTATIONS 1. Greg Felbrig, Mayor of Landfall, along with Landfall Councilmember Ron Dick, thanked Chief Lukin and crew for an excellent job with the March 8 fire and also informed the council of a fundraiser for the family on April 21. 2. Ron Cockriel, 943 Century Avenue, spoke regarding the activation of National Guard troops and also reported on the National Preservation Conference in October. March 26, 2007 City Council Meeting 1 3. O8v8 Schilling, 1955 Greenbrier Street, spoke regarding the K8ao8vv0od article in City Pages 4. Christine Stone, 2727 Hazelwood St., spoke regarding various city political topics. 5. Dave H8fOer, 1037 K8@nli8 Street, C0nlD|inl8nt8d the COuDn| on their direction and the C8b|8 airing of all meetings. � 8. Bill 6408 81 Avenue North, Brooklyn Park spoke regarding the Applewood property. 7. N8nCyL8z8n/8n 10734 West L8h8 Road, Ric8, spoke regarding pending |Gg8] issues with the city. 8. Jamie Jensen, 2483 15 Street N.VV., New Brighton, spoke regarding the nn0r8k]riunn in south K48p|8vvood. 0. [)G|8lFripp|8r. 1201 Junction Avenue, spoke in response t000unoi|[n8[nb9r|Ue||8'S comments on kX[ T[ipp|Gr'B application tOthe Environmental CO[nnlitt88 and city politics. 10. Bob Zick, 2515 White Bear Avenue, commended the council for fulfilling campaign promises and asked for 8 copy Cf information alleging ^K8[.Z|Ch calling the city attorney 8||8r.^ 11. Mike Kline, 177G Desoto Street, gave council members copies OfG statement and petition relating tothe Desoto/Skillman area street improvement project. G. APPOINTMENTS/PRESENTATIONS 1. Resolution of Appreciation — Joel S:hurke 8. Senior Planner Ek3tnand presented the report. CoVnCi|nnennberRosGb8Ch moved to adopt the following resolution: RESOLUTION 07-03-032 RESOLUTION (}FAPPRECIATION VVHEREAS, Joel 5chUrk8 has been a member of the K88p|8vvVVd CVnnnnVnib/ Design Rev Board for one year, since February 13,2U00. until February 13,2U87, and has served faithfully in that capacity; and WHEREAS, the Community Design Review Board has appreciated his experience, insights and good judgment; and WHEREAS, Mr. Schurke has freely given of his time and energy, without compensation, for the betterment 0f the City Of Maplewood; and WHEREAS, k8c SShurke has shown dedication to his duties and has consistently contributed his leadership and effort for the benefit of the City. NOW, THEREFORE, |lF|S HEREBY RESOLVED for and On behalf of the City 0f Maplewood, Minnesota, and its citizens that Joel SchVrk8iS hereby extended our gratitude and appreciation for his dedicated service. March 26, 2007 City Council Meeting 2 Councilmember Cave seconded Ayes-all 2. 2008 Community Design Review Board Annual Report 8. Linda Olson. Chairperson of the Community Design Review Board, presented the report. 3. Presentation - Highway 36 Closure - Chuck Ahl, Public Works Director 8. City Engineer /\h| presented o project uDdateonHi hxvav3Sdoaure. H. PUBLIC HEARINGS 1. Br0nkjevv Area Street Improvements, City Project U7-01 • Public Hearing 8:30 p.m. • R8SV|itiVn Vnj8hng improvement after public hearing (4 votes} o. Engineer Labnnaa presented the report. (1) Dick Johnson, 207 N. O'Day St.. spoke regarding driveway improvements. (2) Joyce P{orba,2687Bn]VhvievvDr., was present but did not speak. (3) F|OpenC8 hiVrU8. 2058 Bn}Vkvinyy Dr., was present but did not speak. /4\ Joseph KOrba, 2059 Bn}0kvi9vv [}r. questioned CU[b and driveway lengths. /5\ Mary & Donna Plan, 2641 Brookxi8vv [)r., were present but did not speak. (0) Christine M. StoDe, 2727 Hazelwood St,, did not address the mnuDCi|. (Y) Ken Wolfe, 2U3 Ferndale St.. complimented staff on the presentation. (8) K88tt8 Belisle, 2594 Bn}Oky|eyyDr.. spoke |n favor ofthis project. (9) John & Lois Blumer, 175 Crestview Dr., were present but did not speak. (10) Alvin Bierbahm, 222 Crestview Dr., was present but did not speak. (11) Sharon Elizondo, 2447 Brookview Dr., was present but did not speak. (12) requested Ron Schlangen, 130 Crestview Dr. - walkway on H----n Place. (13) Donald Broske, 2474 Brookview Or. suggested 3 walkway on Hudson Place with a gate into the park. (14 [}[ N.. requested the vv83tSrn |8D9 Of Place Hudson be part of this project and that b8nn be installed for noise ( Nancy nnSOn. 221 BnOokvi8vv Ct.. asked about SCh0O| bus traffic. |nlenlb8r WHEREAS, of the city council adopted the 12thday of March, 2007 fixed @ date for 8 council "hearing On the proposed street improvements for the BnJOkvRvv Area Street Improvements, City Project 07-01. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on March 26th, 2007, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL OFMAPLEVVO(JO MINNESOTA, as follows: March 26, 2007 City Council Meeting 3 1. That it is meCHSs8ry and feasible, as d8LGi|8d in the feasibility report, that the City of Maplewood nl8k8 improvements to BrVokv|8vvArea Street |rnpn}v8nn8nLs Qb/ Project 07-01. 2. Such improvement iS hereby ordered as proposed in the council resolution adopted the 26th day of March 2007. 3. The city's consultant, 8EH the designated 8ngin88rf0rLhiSinnprVv8nn8nL8ndis hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director ishereby authorized to make the financial transfers DSCSsSGry tO implement the financing plan for the project. A project budget ' 548 shall bS established. The proposed financing plan iGasfollows: Ayes-all Financing Plan - Brookview Area Street Improvements GO Debt Service $ 902,375.00 28% IVISA Funds - internal $ 500,000.00 16% IVISA State Aid Bonds $ 290,064.00 9% Special Assessments $ 830,709.00 26% Sanitary Sewer Fund $ 118,000.00 4% Environmental Utility Fund $ 400,000.00 12% Driveway Program $ 30,000.00 1% I Total $ 3,198,548.00 100% Seconded by Councilmember Juenemann 2. Proposed Right of Way Ordinance — Second Reading — Adoption of Right of Way Ordinance O8gRrKOn9wko presented the report. The public hearing was opened 8L8:58 p.m. 1\ Colette Urick, Community Relations Manager representing Excel Energy spoke. 2) Bill Flvnn addressed the council. re no further comments. The public hearing was closed. Councilmember Cave moved second reading Of the Righ Ordinance. Seconded by Councilmember Hjelle Ayes-all CONSENT AGENDA CounC|nl8nlb8rHhel|8 moved to adopt consent agenda items 1, 2, 6, 8, 10, 13 and 14. Seconded by Councilmember Juenemann Ayes-all March 26, 2007 City Council Meeting 4 Seconded by Councilmember Juenemann 2. Proposed Right of Way Ordinance — Second Reading — Adoption of Right of Way Ordinance O8gRrKOn9wko presented the report. The public hearing was opened 8L8:58 p.m. 1\ Colette Urick, Community Relations Manager representing Excel Energy spoke. 2) Bill Flvnn addressed the council. re no further comments. The public hearing was closed. Councilmember Cave moved second reading Of the Righ Ordinance. Seconded by Councilmember Hjelle Ayes-all CONSENT AGENDA CounC|nl8nlb8rHhel|8 moved to adopt consent agenda items 1, 2, 6, 8, 10, 13 and 14. Seconded by Councilmember Juenemann Ayes-all March 26, 2007 City Council Meeting 4 COUnd|nlen1b8[JueD9m8DD moved to adopt consent agenda items 3, 4 and 5. Seconded bvCoUnci|memb8r0elle Ayes CounCi|nn8nnb8rHUeU8 moved to adopt consent agenda item 7. Seconded bvCOUnci|nl8nlb8rR0sSbGCh AveS CoUnci|rnernbHrFlosSb8Ch moved to adopt consent agenda item 9. Seconded bv[oVnci|nemb8rHjelle | COUnCi|nlenlb8[JueD9[n8Dn moved to adopt consent agenda item 11. Seconded by Mayor Longrie Ayes-all CoUnC|nl8nnb8r Cave moved tO table consent aa8Dda item 12 until aVesU0ned are answered and until a citizen group is formed from the citizens on the petition list presented to the city council and to find a solution to the small section of Desoto Street. Public Works Director /\h| responded tO Mayor Ln de'Squeyhnnreg8ndingtheCOunoi|rn@king changes h3the proposed ordinance at this point. He concurred on forming a citizens' committee to find a solution to the issues and then to add a change order or addendum before the contract is bid. Counni|mannbor Cave removed her prev motion ond Desoto-Skillman Area Street Improvements, City Proiect 06-16 as follows: _ Approve Plans and Specifications and Advertise for Bids _ Order Preparation of the Assessment Roll Larpenteur of all effected Property owners with the knowledge that change orders can occur as a result of the Citizen Committee findings. Seconded by Councilmember Juenemann Ayes-all C. Form a Citizen Committee from the street area south of Ripley and north of 1 Approval of Claims ACCOUNTS PAYABLE: � 57,315.34 Checks #72228lbru#72267 dated 03/13/07 � 185,901.28 Disbursements via debits to checking account dated 03/02/07 thru 03/08/07 � 362,895.23 Checks #7226681hru #723Oq dated 03/20/07 $ 324,252.94 Disbursements via debits to checking account dated 03/A4/A7ihn/A3/l5/A7 March 26, 2007 City Council Meeting 5 $ 930,364.84 Total Account PAYROLL $ 491,987.42 $ 494,789.91 Payroll Checks and Direct Deposits dated 03/0g/07 Payro Deduction check #|UAl56h\brn# |O0l568 dated 03/09/07 � 1 GRAND TOTAL ..... 2. Resolution for Washington County Bank as Desi Depository Approved the follow resolution: RESOLUTION 07-03-034 CORPORATE BANKING RESOLUTION RESOLVED, that the Washington County Bank, N.A. at any one or more of its offices or branches be nd is hereby designated funds of this Corpor8UOn, which may be withdrawn on checks, drafts, advices of debit, notes or other orders for the payment of nl0DieS bearing the following appropriate signatures: Any three (3) of the hJ||0vving n8nn8d officers or y88s of the Corporation ("Agents") listed below. Diana Longrie, Mayor of City of Mapl and Administration Manager [fCity of M8o|HvvV0d that the Washington County Ban k, N.A. shall be and i3 authorized to honor and pay the 8 whether Or not are payable b] bearer ork} the individual order nf any Agent orAgents inq the same. FURTHER RESOLVED, that the Washington county Bank, N.A. is hereby directed to accept and pay without further inquiry any item drawn against any of the Corporation's accounts with the Washington County Bank, N.A. bearing the signatures of its Agents, as authorized above or otherwise, even though drawn or endorsed to the order of any Agent signing or tendered by such Agent for cashing or in payment of the individual obligation of such Agent or for deposit to the Agent's personal account, and the Washington County Bank N.A. shall not be required or be under any obligation to inquire as LV the circumstances of the issue or Use of any item signed in accordance with the resolutions contained herein, or the application or disposition of such item or the proceeds of the item. FURTHER RESOLVED, that any one Of such Agents iS author t0 endorse all checks, drafts, notes and other items payable to or owned by this Corporation for deposit with the Washington County B8nk, N.A., Or for collection Or discount by the Washington County Bonk. N.A.; and to accept drafts and other items payable to the Washington County Bank, N.A. March 26, 2007 City Council Meeting 6 FURTHER RESOLVED, that the above named agents are authorized and empowered to 8x8tUie such other agreements, |ndUd|nQ but not limited k], special dRposiLVryagreements and arrangements regarding the manner, conditions, Or purposes for which hJndS, checks, or items Of the Corporation may be deposited, collected, or withdrawn and to perform such other acts as they Ue8nn r8S8OnaU|y necessary to carry out the provisions of these resolutions. The other Ggr88nl8ntS and other acts may not be contrary to the provisions contained in this n8SO|UtiOD. FURTHER RESOLVED that the ouLhurhv hnnabv conferred upon the above named Agents shall be and remain in full force and effect until written notice of any amendment or revocation thereof shall have been delivered to and received by the Washington County Bank, N.A. at each location where an account is maintained. The Washington County Bank, N.A. shall be indemnified and held harmless from any loss suffered or any liability incurred by it in continuing to act in accordance with this resolution. Any such notice shall not affect any items in process at the time notice is given. 3. Update U. S. Bank Treasury Management Service Agreement Approved the updated U. S. Bank Treasury Management Service Ao 4. Update U. S. Bank Depository Services Resolution for Governmental E Approved the following DEPOSITORY SE DEPOSITOR NAME: SUB TITLE: Finance Department 651-249-2901 1, Karen Guilfoile (name of certifying officer) do hereby certify that I am the City Clerk (title of certifying officer) of the above-named entity (therein called the "Depositor") a Municipality existing under the laws of the State of Minnesota and that the following is a true, complete and correct copy of resolutions adopted at a meeting of the Depositor duly and properly called and held on the 26th day of March, 2007; that a quorum was present at said meeting; and that said resolutions are now in full force and effect. RESOLVED, that U.S. Bank National Association is hereby designated as a depository of the Depositor with authority to accept or receive at any time for the credit of the Depositor deposits by whomsoever made of funds and other property in whatever form or manner transferred to endorsed; and that any officer of the Depositor is hereby authorized to open or cause to be opened one or more accounts with the Bank on such honns, conditions and agpaamanba as the Bank may now or hereafter require and to make any other agreements deemed advisable in regard to any of the foregoing. Depositor acknowledges and agrees that the services contemplated by this resolution shall be governed by the U.S. Bank Customer Agreement for commercial deposit accounts, ee amended from time botime. March 26, 2007 City Council Meeting 7 RESOLVED, that checks, drafts or other orders for the payment, transfer or withdrawal of any of the funds or other property of the Depositor on deposit with the Bank shall be binding on the Depositor when signed, manually or by use of a facsimile or mechanical signature or otherwise authorized, by any one of the individuals listed in the section entitled "Authorized Signers ", and the Bank is hereby authorized to pay and charge to the account of the Depositor any such checks, drafts or other orders so signed or otherwise authorized, including those payable to the individual order of the same person or persons signing or otherwise authorizing the same and including also those payable to the Bank or to any other person for application, or which are actually applied to the payment of any such indebtedness owing the Bank from the person or persons who signed such checks, drafts or other withdrawal orders or otherwise authorized such withdrawals. In particular, and not in limitation of foregoing, such persons may authorize payment, transfer or withdrawal by oral or telephonic directions to the Bank complying with such rules and regulations relating to such authorization as the Bank may communicate to the Depositor from time to time. RESOLVED, that the City Clerk (identify certifying officer by title) hereby certifies to the Bank the names and signatures (either actual or any form or forms of facsimile or mechanical signatures adopted by the person authorized to sign) of the Authorized Signers listed below and shall from time to time hereafter, upon a change in the facts so certified, immediately certify to the Bank the names and signatures (actual or facsimile) of the persons then authorized to sign or to act. The Bank shall be fully protected in relying on such certificates and on the obligation of the certifying officer (set forth above) to immediately certify to the Bank any change in any facts so certified, and the Bank shall be indemnified and saved harmless by the Depositor from any claims, demands, expenses, loss or damage resulting from or growing out of honoring or relying on the signature of other authority (whether or not properly used and, in the case of any facsimile signature, regardless of when or by whom or by what means such signature may have been made or affixed) of any officer or person whose name and signature was so certified, or refusing to honor any signature or authority not so certified. RESOLVED, That these resolutions shall continue in force until express written notice of their rescission or modification has been furnished to and received by the Bank; and RESOLVED, That any and all transactions by or on behalf of the Depositor with the Bank prior to the adoption of this resolution be, and the same hereby are, in all respects ratified, approved and confirmed. I further certify that the officers of the Depositor signing the resolution, have, and at the time of adoption of said resolutions had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named, and that such persons have full power and authority to exercise the same. further certify that the names, titles (if any) and signatures (actual or facsimile) of the persons authorized to sign or act on behalf of the Depositor by its governing board identified above are as set forth below in the section of this Resolution entitled "Authorized Signers ". further certify, under penalties of perjury, that the tax identification number shown above is correct and that the Depositor is not subject to backup withholding because (a) it is exempt, (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified the Depositor that it is no longer subject to backup withholding. further certify that the Authorized Signers below are also hereby authorized to transact any and all other business with and through the Bank regarding this account, including, without limitation, treasury management services offered by Bank. Account Number: 104755879525 and 150080667150 Authorized Signers Name Title Signature Diana Longrie Mayor March 26, 2007 City Council Meeting 4 Greg Copeland C ity Manager RobertK4ittet Finance and Administration Ma nager IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Depositor this day of . �� or (Certifying (Attest by one other officer) 5. Updating Resolution Regarding Tort Approved the following resolution: A RESOLUTION STATUTORY TORT LIMITS WHEREAS, pursuant to Insurance Trust has asked the City to ma tort liability established by Minnesota Stat the limit but to kee insurance to a new )y elect not 1 that such 8 Ado meeting held March MM COveracie Limits M 07-03-036 LECTION NOT TO WAIVE THE kBILITY INSURANCE PROPOSED ; action taken, the League of Minnesota Cities lection with regards to waiving or not waiving its [04; and t0 not waive the Statutory limit, to waive ;tatutory limit, and to waive the limit and to add , BE IT RESOLVED that the Maplewood City Council does rytOrt liability limit established by K8inD8S0to Statutes 466.04; until amended by further resolution of the Maplewood City the City Council of the City of Maplewood, Minnesota 8La regular Karen E. GuiUbile, City Clerk C)i8n8 Lonoh8, K88yOr 0. Approval Of Payment Of Contract-Peter Frank-Youth Basketball League Approved the contract amount of $6,000. March 26, 2007 City Council Meeting 9 7. Authorization ho purchase new pickup truck for Code Enforcement Approved to enter into the State Contract 4366U8 with Nelson Dodg8-GMC for the purchase Of one 2UOYGk8C Canyon for $10.8GU.7O. 8. Donation b] Landfall Cops NKids Fishing Clinic Accepted and make necessary budget adjustments of the donation from Saturn of Saint Paul for the annual L8ndt8|| Cops N Kids Fishing Clinic. 0. Adoption Rush Line Joint Powers Agreement /��ootedthe Rush Line Joint Powers Ag reement 10. Rain bnvvk8op|ehdge Driveway Improvements, City Project Resolution receiving preliminary report and calling public hearing for April 23.20O7. Approved the following resolution: RE 07-03-037 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted February 14, 2007, a report has been prepared by the city engineering division with reference to the improvement of the Rainbow Foods / Maple Ridge Driveway, City Project 07-03, and this report was received by the council on March 26, 2007, and WHEREAS, the report provides info necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOL her the proposed project is BY THE CITY COUNCIL OFMAPLEVVO[)O 1 . The council will consider the street im provement Vf the Rainbow Foods /Map Driveway in accordance with the report and th assessment 0f abutting property for all Or@ of the cost of the improvement pursuant tO Minnesota Statutes, Chapter 4288ton tRd total cost of the improvement [f $17,780. 2. A public hearing shall be held on such proposed im provement Vn the 23rd day of April, 2007 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published and improvement as required by law. 11. Approval of 2006 Annual Recycling Report Approved OU8 Annual Recycling Report. 12. [)esOb3 Ski||nl8D Area StnaetS, City P 06.16 (i) Resolution approving final plans and specifications and authorizing advertisement for bids (ii) Resolution authorizing preparation of assessment roll March 26, 2007 City Council Meeting 10 Approved the following resolutions: RESOLUTION 07-03-038 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council OnJanuary 8 1h .2007.plans and specifications for the Desoto-Skillman Area Street Improvements, City Project O8'10.h8v8 been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications hO the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEVVOOD 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, 8t least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered Uythe council 8t1O:OOQ.nn. on the 37th day Vf April, 2OO7.8tthe city hall and that nO bids shall b8 considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent Of the amount Vf such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of@ contract, @t the regular city council meeting 0f May 14th 4. The city engineer and/or assigned staff shall meet with the neighborhood committee formed by the residents south of Roselawn Avenue, north of Larpenteur Avenue, along Desoto Street to reach a consensus regarding the new width of Desoto Street and the removal of any trees 8S part Of the Desoto Skillman Area Street Improvements. RESOLUTION 07-03-039 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the city clerk and city engineer will receive bids for the Desoto-Skillman Area Stn881 |[npn]vR[nRDtS. City Project O0-1S. N[)VV. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF KXAPLEVVC)[)[). MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially 8Ss8s8Rd for such improvement against every assessable |[t, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. March 26, 2007 City Council Meeting 11 13. Purchase 0fBituminous Materials Authorized the street superintendent to purchase the necessary bituminous materials up b]8 maximum Vf$35,0UO8S needed b] perform street maintenance. 14. Authorization to Pay Invoice for N-9 Car Set Up Authorized payment 8f invoice for the buildup 0f the new K-0squad. J. AWARD OF BIDS RM K. UNFINISHED BUSINESS 1 Approve increase in pension benefit for Maplewood a. Finance & Administration Manager Mittet pn b. Ed Fitzgerald, President of the Fire Fighters C. Ed Dietz, Treasurer of the Fire Fighter Relie Councilmember Cave Seconded by Mayor Longrie IV A I 0 break was 1. Reso|Udo g 1 -1 o�Elmullia Imember Fire Fi Relief/\ssoci8U0n sented the report. Relief Association spoke, Association spoke. increasina the benefit level to $4.50( bers Grant —NHH| EkStnand presented the report. . president of NHHI, addressed the council. RESOLUTION 07-03-040 RESOLUTION [)FSUPPORT FOR HUD FINANCING REQUEST WHEREAS |nc. has requested that the Maplewood City Council support their request for HUD Section 202 Program grant monies by this voen|utinn of support; WHEREAS, this property io located south nf County Road C and west nf White Bear Avenue behind the businesses that front on those streets. This property ie legally described omfollows: PARCEL #1: THE SOUTH 75 FEET OF THE NORTH 455 FEET OF THE NORTHWEST QUARTER DF THE NORTHEAST QUARTER {}F THE NORTHWEST QUARTER {]F SECTION ||. TOWNSHIP 23. RANGE 22 WHICH LIES WESTERLY OF WHITE BEAR AVENUE. March 26, 2007 City Council Meeting 12 PARCEL #2: THAT PART OF THE NORTHEAST QUARTER {]F THE NORTHWEST QUARTER {]FTHE NORTHWEST QUARTER [}F SECTION ||' TOWNSHIP 2S NORTH, RANGE 22 WEST, RAMSEY COUNTY, MINNESOTA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OFTHE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE WEST, ASSUMED BEARING, ALONG THE NORTH LINE {)F SAID NORTHEAST QUARTER [)F THE NORTHWEST QUARTER [)F THE NORTHWEST QUARTER A DISTANCE OF 170.00 FEET TO THE WEST LINE OF THE EAST 170.00 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 00 MINUTES 08 SECONDS 8 C) G SAID WEST NORTH 225.00 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE EAST ALONG SAID SOUTH LINE 170.00 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 00 MINUTES 08 SECONDS EAST ALONG SAID WEST LINE 429.00 FEET TO THE SOUTH LINE OF THE NORTH 654.00 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE WEST ALONG SAID SOUTH LINE 396.50 FEET TO THE WEST LINE OF THE EAST 396.50 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 08 SECONDS WEST ALONG SAID WEST LINE 321.00 FEET TO THE SOUTH LINE OF THE NORTH 333.00 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE EAST ALONG SAID SOUTH LINE 166.50 FEET TO THE WEST LINE OF THE EAST 230.00 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 08 SECONDS WEST ALONG SAID WEST LINE 333.00 FEET TO SAID NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE EAST ALONG SAID NORTH LINE 60.00 FEET TO THE POINT OF BEGINNING. WHEREAS, the Maplewood City Council ui the necessary development applications to the City housing development and that the submittal plans WHEREAS, the Maplewood City Cou future approvals 0for this project. NOW, THEREF application for HUD Sec Seconded by Mayor L 2. Ramsey Coun a. Conditi b. Design /1\ that NHHI, Inc., will be formally submitting )od for their proposed 54-unit seniors- mts shall be subject to their review and rt of this request does not commit the city to any Maplewood City Council hereby supports the 02 grant monies by NHHI, |nc e Ayes-all Facility (297 Century Avenue South) Use Permit oval or Planner Ekstrand presented the report. (2) Bruce Thompson, Asst. Director, Ramsey County Property Management Office introduced Al Carlson, superintendent of the correctional facility; Mark Lugadis and Dan Lotinger of BWBIR Architects; Jessica Collin Pilarski of Loucks /\S3Oc.; and Jay Bi8dDy. project nloDGg8rhD[nR@nnS9yCOuntv.k8r.Th0[npS0D addressed the council. (3) Lorraine Fischer ofthe Planning Commission presented the commission's findings. (4) Linda Olson from the Community Design Review Board presented the review board's findings. March 26, 2007 City Council Meeting 13 Councilmember Hjelle moved adoption of the following resolution approvinq a conditional use permit for the expansion of the Ramsey County Correctional Facility located at 297 Century Avenue South: RESOLUTION 07-03-041 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Ramsey County applied for a conditional use permit for the expansion of the Ramsey County Correctional Facility. WHEREAS, Section 44-18Q2/1\Of the city ordinances requires 8 conditional use permit for any public service O[ public building use. WHEREAS, this permit applies k) the property located 8t297 Century Avenue South. The legal description is: EX PART SWLYOFNEW AFTON ROAD; N 1 /4& EX CRESTV|EW; PART NEOFAFTONRD OF SN 1 /4 (SUBJTO RDS & PIPE LINE E8MT)|N SEC 137N2MRN22. WHEREAS, the history Of this conditional use permit i38Sfollows: 1. On March 6, 2007, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone Gt the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2.On March 20.2007 the city council considered reports and recommendations Of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The USB vvOU|d be |OC@tSd, designed, nl@iDtGinRd. C0D3tnuCt9d and operated to be in conformity with the City's Comprehensive Plan and Code OfOrdinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods 0f operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, b8C8VS8 of excessive noise, g|8r8, smoke, dV{t. Vdor, hJnn8S. water or air pollution, dnain@ge, vv@h8r nJD-Off, vibration, gSD8nG| unsightliness, electrical interference or other nuisances. 5. The use vvoV|d generate only rninin18| vehicular traffic on local streets and vvnV|d not create traffic congestion Or unsafe access OD existing Or proposed streets. 8. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. March 26, 2007 City Council Meeting 14 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation oJ and incorporate the site's natural and scenic features into the development design. S. The use would cause minimal adverse environmental effects. Approval iS subject bJ the following conditions: 1. All construction shall fo by the city. The director of the community development department may approve minor changes. 2. The proposed construction be substantially started within one year of council approval or the permit shall become null and void. — The city council ___r-._.—_,_---- ' __m,l --h_ requirements o the city's engineering department and building official as stated in the staff report. 5. The applicant shall remove the existing part of this facility 0. Site lights h ll be designed off site, shall not cause any glare beyond the property lines light-intensity requirements of the city ordinance. 7. TheRxp@nS bUi|ding8xp 8. The future driveway to built in 2009. The exis] restored as lawn. submit the design before constructic 8phevvOOdCitv ded t)VCouncil Council znnnno in end of the parking lot shall be installed with the proposed ry Avenue is approved aS proposed and iS expected to be Ihedy driveway must then b8 removed and this area garages behind the building isapproved. The applicant must a buildings to the community design review board for approval r Cave design d this resolution on March 26, 2007. Ayes-all for the plans date-sta J February 5, 2007 for Avenue South. ADDroval 1. Repeat this review in two years if the city has not issued 8 permit for this project. 2. Before getting 8 building permit, the applicant shall obtain 8 conditional use permit for the proposed expansion. 3. The applicant shall remove the temporary office building as part of this facility expansion. March 26, 2007 City Council Meeting 15 4. Before getting a building permit, the applicant shall submit a revised photometric plan show that all new freestanding lights maintain 8 height Vf25feet or less 8s measured from ground grade to the top of the lumen. 5. Before getting 8 building permit, the applicant shall submit revised grading and drainage plan which Gdd[8Saea GU the iSsU9S SpRUGd out iO the city engineering review dated K88rCh 7, 2007. 8. The expansion to the south end Of the parking lot shall be installed with the proposed building expansion. 7. The location of the future garages behind the b i|di i submit the design of these buildings to the community design review board for approval before construction. o. Before getting a building permit, the applicant shall submit a revised landscape plan snovvmg the caliper inches 0f the trees hobe replaced. plan must ref that total caliper inches Of trees replaced equals 258s required Nby city code. 8. Any trash that iS kept outside shall bekept as required by city code. 10. If any required work is not ui|ding out of the � pu blic's si ay allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives cash escrow or an irrevocable letter of credit for the required work. c. The amount shall be 150 percent of the cost of the unfinished work. 11. When the Ramsey County Public Works Department completes the relocation of the driveway, the row of trees and shrubs that are along the street frontage shall be further extended across the driveway opening when the existing driveway is removed. 12. All work shall follow the approved plans, Staff may approve minor changes. Seconded by Mayor Longrie Ayes-all Mayor Longrie moved to extend the city council meeting until all agenda items are completed. Seconded by Councilmember Cave Ayes-Mayor Longrie, Councilmembers Cave, Hjelle, Rossbach Noy-00uDCilnennb9rJU8DeD?anD 3. Gladstone Area Redevelopment, City Project 04-21 Review (AUAR) Mitigation Plan Comments and Approval of Resolution Authorizing Distribution for the purpose of considering final adoption [fAUAR. 8. Public Works Director AN p[8S8Dt8d the report. b. John Horn from Kim|9y Horn presented information 0n the AUAR. Councilmember Hjelle moved to approve the following resolution that authorizes staff to proceed with the distribution of the Mitigation Plan for the Alternative Urban Area-wide Review for the Gladstone Area Improvements, City Proiect 04-21. March 26, 2007 City Council Meeting 16 RESOLUTION 07 -03 -042 A RESOLUTION APPROVING DISTRIBUTION FOR PUBLIC COMMENT OF A DRAFT MITIGATION PLAN FOR ALTERNATIVE URBAN AREA -WIDE REVIEW DOCUMENT AND GLADSTONE AREA REDEVELOPMENT MASTER PLAN WHEREAS, on August 8, 2005, the City Council approved a resolution authorizing that an Alternative Urban Area wide Review ( "AUAR ") be initiated and completed for the Gladstone Area Redevelopment Master Plan project; and WHEREAS, the City of Maplewood has conducted a master planning project for the Gladstone Area Redevelopment Master Plan that has included a number of public meetings and workshops; and WHEREAS, the City of Maplewood has prepared a draft AUAR document that evaluates the cumulative environmental impacts of two alternative development scenarios, one based on the Comprehensive Plan and one based on a draft of the Gladstone Area Redevelopment Master Plan; and WHEREAS, EQB guidance calls for a mandatory 30 -day public review and comment period on the draft AUAR document that commences with publication in the EQB Monitor; and WHEREAS, the City of Maplewood has conducted and received all comments and responses to the AUAR document and prepared a draft Mitigation Plan that does hereby address all concerns and issues raised during the AUAR process. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that the draft AUAR Mitigation Plan document for the Gladstone Area Redevelopment Master Plan be distributed for public comment and shall be distributed to all individuals and agencies who supplied comments and responses to the AUAR. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 26 DAY OF MARCH 2007. Seconded by Mayor Longrie Ayes -all 4. Gladstone Area Redevelopment, City Project 04.21, Consider approval of grant request to Minnesota Pollution Control Agency for Investigation of Savanna Contamination a. Public Works Director Ahl presented the report. Councilmember Hjelle moved to approve this grant request to Minnesota Pollution Control Agency for Investigation of Savanna Contamination. Seconded by Councilmember Juenemann Ayes -all M. COUNCIL PRESENTATIONS Environmental Activities Councilmember Juenemann reported that Spring Cleanup Day at Aldrich Arena and also Arbor and Environmental Day at the Maplewood Nature Center will be held Saturday, April 28, and that Water Fest will be held this year on May 19 at Phalen Park. March 26, 2007 City Council Meeting 17 0 A 2. Dispatch Policy Councilmember Juenemann reported that she attended the Dispatch Policy Committee meeting and that they are still trying to fill the positions to staff the new consolidated dispatch center and are continuing to work on the building interior. 3. Councilmember Cave reported a time change for the 50 Anniversary Celebration 3M concert on April 1. 4. Locate Task Force Councilmember Rossbach reported on the meeting of the Locate Task Force regarding the Union Depot. 5. Property Taxes Councilmember Hjelle spoke regarding a previous mayor who has delinquent property taxes. ADMINISTRATIVE PRESENTATIONS 1. Action by City Attorney to Abate a Public Nuisance at 1700 Edgerton Avenue City Attorney Kantrud reported on this issue and the city's legal action taken, with legal action taken by the county as well. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:35 p.m. March 26, 2007 City Council Meeting in G1 - Police Civil Service Commission TO: City Council From: Greg Copeland, City Manager Date: April 4, 2007 Re: Police Civil Service Commission The City Council voted not to reappoint Commissioner Debra Birkholz and two applications have been received since seeking to fill the one vacancy on this three member Commission. Applicants are: David Bartol Lisa Marie Liddell The term is for the balance of the three year term set by Minnesota Statute 419.02, Subd. 1, expiring December 31, 2009. .Ta we ean G1 - Police Civil Service Commission CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAME: DkV i D R. PJ4 F-CT OL DATE: ADDRESS: N�PL /yin 5"5103 PHONE #: Work : Home: E -mail: 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 ❑ Planning Commission ❑ Historic Preservation Commission ;K, Police and Civil Services Commission 2. How long have you lived in the City of Maplewood? 2 Y le RS 3. Will other commitments make regular attendance at meetings difficult? Yes ❑ No X 4. Please list specific reasons why you would like to serve on this Board or Commission? Th -5 AZ i5 >Q VACA oK THE cOA/A.SS!W* T NCi' 05 Tb PJ E 1= t t ` �t l�IsO I�tO a/1E ELS�c H h5 Sr P �� Fai wkR ©. 1 Ilh►. ONLY IA- i L4 i esG- T'o Do T - H 5 d o 13 1 ti c- W> M.Y Loci[ c or,►. vFr tT`f ,r 5. Do you have any specific areas of interest within the Board's or Commission scope of responsibilities? N 0, 6. List any community organizations or activities in which you have recently or are now an active participant. I S t- xv(Z ) Po P, A S ti- P4 Tt NiE aN T IK CtT C0t)14c,, „ i APA A M A - 11LA -ep ON N Sat-_CCQ -UXAM OF- ou A L-b ch-L Saccl~R- cLo B 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 mall this application to: City of Maplewood, 1830 County Road B !west, Maplewood, MN $5109 fS- Xommissiom\ Commi +eian- Gcnersllnfarmation\BoaHs &Carnm"WiuW Appllquiomdot M,08R6 RECEIVED CITY OF MAPLEWO66ce Civil Service Commission MAR 2 2 H0 BOARDS AND COMMISSIONS city of APPLICANT INFORMATION mapiewood NAME: ADDRESS: 44 PHONE* Work: 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 o Pants and Recreation Commission o planning Commission o Environmental &Natural Resources Commission � Police and Civil Services Commission U Historic Preservation Commission l"� 2. How long have you lived in the City of Maplewood? 3. Will other commitments make regular attendance at meetings difficult? Yes p No 4. Please list specific reasons why you would like to serve on this Board or Commission? m 5. Do you have any specific areas of interest within the Board's or Commission's scope of responsibilities? 6. List any community organizati ons 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. AS NUMBERS AND E-MAIL ADDRESS. HOME AND WORK TELEPHONE Return ormall this appllcattoit to: city of Keple"od, 1830 County Road 8 Rash Maplewood, MN $5109 12.)8.06 F qy n aan- GraialtnfammtiaulBon +& Comnam7w Applfal aoc _ G/16 C�O'� I� DATE: 4 2 G1 - Police Civil Service Commission Lisa Marie Liddell Maplewood, MN 55419 551- 731 -3498 OBJECTIVE To secure a position working to improve our community. I am professional, enthusiastic and organized. I have excellent communication and management skills. I embrace a changing and challenging environment. I currently own and operate a Dairy Queen in St. Paul. EXPERIENCE Liberty Check Printers (1987 -- 2005) • Customer Service Manage — responsible for daily functions and staff of 22 in the call center and data entry department. • Production Mana er -- responsible for 1 shift check production, facility maintenance and staff of 30 in the production plant. • O er� ation Di rector and 2" shift r — responsible for management of 1 production, inventory control, budgeting, training and safety for supervisory and plant staff of 60, goal setting and benchmarking, new product development and implementation. Marketing Op eratio is Manager — responsible for the creation and implementation of new marketing concepts into the finished check product, liaison between operations and marketing departments to ensure smooth product introduction. Check Product Marketin Mana er — responsible for new product creation, licensing, purchasing and marketing materials for the check and accessory product lines, increased product line sales by 80% in three years, managed a four million dollar a year budget. ASSOCIATIONS Postal Credit Union Supervisory Committee Chairperson Menttium 100 Mentoring Participant Minnesota Credit Union Network PABA Member — East Side Business Owner Meals On Wheels Coordinator EDUCATION Forest Lake Senior High School University of Minnesota - Duluth Agenda Item G3 TO: City Manager FROM: Steve Lukin, Fine Chief SUBJECT: Recruitment Open House DATE: April 3, 2007 We are excited about hosting the first Recruitment Open House to be held SEdUnd8y. Aoh| 14 2007 starting 8iS:O08.nn. This Open House was developed by the recruitment committee in order to provide information not only tothe potential firefighters, but also to their families in regards t0the commitment that iL takes bJ bea Maplewood Finefighher/EKUlF. VVe will start out the morning introducing them tO the Department and providing them with information as it pertains to training, nnininnUnn standards and what they can expect in their first year 8a G Firefighter/EMT for the K88p|9vvOOd Fire [}Rp8rt[n8Ot. By having their significant other present, we hope that any questions they may have will be answered and they will have a better understanding of the time commitment necessary to fulfill the role of a firefighter/EMT now rather than two or three months into the training. We have sent out over 25 invitation letters to those individuals who have already submitted applications to attend the Open House. They will be given a tour of the station, shown the equipment and provided with a good understanding of the job responsibilities they would have as a firefighter/EMT. \N8 will also offer them the opportunity t0 sign Up for further testing and interviews. I want to thank the recruitment committee for all of their hard work and dedication to this task. | would also like to thank the city council for assisting us in our recruitment and retention by continuing to support the Department iD increases in pension and run pay. Both Of these items play 8 key role in recruiting and retaining personnel. G4 -Resolution Honoring Staff of EGG Resolution of the Maplewood City Council WHEREAS the Congress and President have declared April 8 through April 15, 2007 as National Telecomunicators Week to honor those law enforcement professionals who answer our citizens calls to 911, and WHEREAS the Maplewood City Council wants to give special thanks and appreciation to those dedicated employees who staff the City of Maplewood's Emergency Communication Center as our front line in ensuring Public Safety, and WHEREAS the safety of Maplewood's police, firefighters, and paramedics depend on the quality and accuracy of the information obtained by our dispatchers; and WHEREAS the skills of these dedicated communicators has enhanced the effectiveness of Maplewood's Police, Firefighters and Paramedics in carrying out their missions to apprehend criminals, suppress fires and save lives of citizens; and NOW THEREFORE Be it resolved that the City Council of Maplewood, Minnesota DECLARES April 8 through April 15, 2007 as National Telecommunicators Week in Maplewood and DECLARES its appreciation for the years of service from the staff of the Emergency Communication Center which will be transferring to Ramsey County later this year and DECLARES that all Maplewood citizens join in thanking the Emergency Communications Center Staff Marsha Pacolt Bryan Linn Jayme Flaugher Jan Rabine Julie Stalinke Michelle Bauer Brett Knapp Chad Hermanson Ken Hubin Jim Burau for their professionalism, compassion and commitment to Public Safety. Mayor Erik Hjelle, Council Member Kathleen Juenemann, Council Member Rebecca Cave, Council Member Attest: Will Rossbach, Council Member Karen Guilfoile, City Clerk �OeDd@Item 1-1 TO: Greg Copeland, City Manager FROM: Karen Guilfoile, Citizen Services Director SUBJECT: Joint Powers Agreements between the City OfMaplewood and City of Mahtomedi, City of Oakdale and Town of White Bear INTRODUCTION The Map Community Center provides seasonal lifeguard services for three outdoor beach facilities. The facilities include K48htonledi Beach (City 0fK48hton1Rdi). Tanner's Beach (City of Oakdale) and Bellaire Beach (Town of White Bear.) The Maplewood Community Center employs approximately 80 lifeguards during the summer bO manage the three beach operations and the MCC pool. The outdoor beach operations provide a great source of revenue for the Community Center and provides ennp|Vynn8nt opportunities for the college students on staff that enjoy Lhe flexibility of working both indoors and outside over their summer break. The attached contracts outline the formal agreement between the cities for beach operations from May 28.2007tO September 3 and have been reviewed and approved for format and content bvCity AttomeyK8nL0d. 2006 Net Beach Revenue: Oakdale Aquatics $9.298 White Bear Township Aquatics $8 Mahtomedi Aquatics $9,302 Staff recommends that the City Council approve the enclosed agreements between the City of Maplewood and the cities of Mahtomedi, Oakdale and Town of White Bear. Agenda Item 1-1 f JOINT POWERS AGREEMENT BETWEEN THE TOWN OF WHITE BEAR AND THE CITY OF MAPLEWOOD REGARDING LIFEGUARD SERVICES THIS AGREEMENT, made and entered into on the day of _, 2007, by and between the Town of White Bear (the TOWN), and the City of Maplewood/Maplewood Community Center (MCC); both of which are governmental subdivisions of the State of Minnesota located in the County of Ramsey. PURPOSE I The TOWN has leased, from the County of Ramsey, the property located on the south shore of White Bear Lake in the Town of White Bear, known as "Bellaire Beach". 2. The TOWN is desirous of having MCC hire, train, and manage all beach personnel who work at "Bellaire Beach" from May 26, 2007 to September 3, 2007 (Labor Day). 3. Minnesota Statutes, Section 471.59, provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they are exercised. AGREEMENT Now, therefore, in consideration of the mutual undertakings herein expressed, the Town of White Bear and the City of Maplewood/Maplewood Community Center, agree as follows: 4. That MCC shall provide the following services: a. MCC will determine the hours of operation for Bellaire Beach based upon TOWN recommendations. MCC will be responsible for the operations at Bellaire Beach from May 26, 2007 through September 3, 2007 (Labor Day). The beach shall be open only on weekends and Memorial Day until June 9, 2007 at which time regular hours shall commence. The beach shall be open only on weekends and Labor Day after August 19th, 2007. In the event of poor weather conditions, the MCC will be responsible for Agenda Item 1-1 f_%�l the decision of closing the beach. MCC will also be responsible for opening and closing the beach facility on a daily basis and administration of keys to personnel. b. Recruit, hire, train and evaluate all lifeguard staff. MCC will hire, train, evaluate, discipline and terminate employees. C. Manage pay records and issue paychecks to all aquatic personnel working at Bellaire Beach. d. Ensure employees working at Bellaire Beach are employed by the City of Maplewood and follow all Maplewood personnel policies. Employees must meet the minimum requirements to work in the appropriate position. Lifeguard: • All lifeguards hired must hold a current certificate in American Red Cross Lifeguard Training and CPR for the Professional Rescuer. • The MCC will monitor Aquatic Staff certifications to be sure that all certifications remain current. • All Aquatic Staff is required to maintain current certifications. Expired certifications will result in being released from duties. • In the event of an expired certification, the MCC will remove the person, fill their shift with certified staff and make every attempt to renew the individual's certification in order to return to work as soon as possible. • In an effort to encourage fitness and develop strong lifeguards, the MCC will administer the Cooper Swim Test to all lifeguards at the start of their employment along with other skill tests. These skills are also performed periodically throughout the year at mandatory in-service trainings. • Lifeguards who are not achieving "good" standards according to the Cooper Test will need to attend additional training sessions conducted by certified lifeguard Training Instructors and Water Safety Instructors. This will help to improve their swimming skills. • Lifeguards who are selected to work at the beach must be American Red Cross Waterfront Certified, have six months experience working at the Community Center, and have demonstrated excellent dependability and responsibility. These high expectations are to insure that all staff who are working off site are aware of and following Maplewood policies and work well independently. Agenda Item 1-1 f_%�l • The TOWN will be able to participate in the final selection of guard staff should they desire, but the final hiring selection shall solely be the responsibility of MCC. e. Give an orientation to lifeguard staff on beach management, rules and regulations, preventive responsibilities, emergency procedures, operation of facility, suggest in-service training curriculum of the Bellaire Beach 2007 summer season. f Administer Bellaire Beach for the entire 2007 beach season. 9. Conduct minimum of five in-service training sessions (one every two weeks). In-services consist of both in and out of water training sessions. Attendance at these in-service training sessions will be mandatory. Life guarding skills will be evaluated at the "in-water" in-services and information vital to the success of the aquatic program will be given at "dry-land" in-services. h. Visit Bellaire Beach a minimum of once per week during the months of June through August, to critique and advise staff on operations and gather input from participants. There will be an Aquatic Program Representative or Head Lifeguard available on site during times that the beach is open. Head lifeguards must be a minimum of 18 years of age and have excellent guarding, customer service, and leadership skills. i. MCC administrative staff will also conduct "On the Job Evaluations" for lifeguards periodically throughout the year without previous warning to the staff being evaluated. The skills evaluated in an "On the Job Evaluation" may be guarding technique, CPR skills, first aid skills, and prevention of accidents. After evaluating the lifeguard, the administrative staff will meet with the staff individually and discuss any critiques, or comments that they have to improve life guarding or teaching techniques. j. All employees will be evaluated for their performance formally at the end of the summer season. Employees will also be evaluated on a less formal basis midway through the summer. k. Ensure staff follows all policies and procedures as authorized providers of the St. Paul Chapter of the American Red Cross. 1. Oversee the daily upkeep and cleaning of the Beach facilities including the guard house and toilets. Any maintenance or mechanical problems will be immediately reported to the TOWN. M. Oversee use of other Bellaire Beach facilities including picnic shelter, picnic tables and grounds. Patrol the entire park once per day to clean-up Agenda Item 1-1 f_%�l litter, empty trash receptacles into park dumpster as needed. Clean beachfront daily including removing weeds and other debris from shoreline. Remove weeds and remove trees which tend to grow in shallow water areas of beach. n. MCC agrees to abide by the requirements and regulations of the Americans with Disabilities Act of 1990 (ADA), the Human Rights Act (Minnesota Chapter 363), and (Title 7) of the Civil Rights Act of 1964. Violation of any of the above laws can lead to termination of this agreement. 5. That the TOWN will provide the following services: a. Provide proper signage for beach. b. Reimburse MCC for lifeguard salaries (as outlined by MCC) on a monthly basis. C. The TOWN hereby agrees to provide MCC with an annual fee of $19100, payable in three (3) monthly payments of $6365.40 under the following terms: 1. The first payment shall be made to the City of Maplewood no later than June 29, 2007. 2. The second payment shall be made to the City of Maplewood no later than August 3, 2007. 3. The third payment shall be made to the City of Maplewood no later than August 31, 2007. d. The TOWN agrees to indemnify and hold harmless MCC, its officers, and employees from any liability, claims, damages, cost, judgments, and expenses including attorney's fees resulting directly or indirectly from an act or omission with respect to the suitability, design, usual maintenance, and operations of the facilities provided by and maintained by the TOWN and its agents. The TOWN represents that said facilities are suitable for beach operation. e. All policies of insurance shall require that the issuer notify MCC at least thirty (30) days prior to the effective date of any policy cancellation, modification, or non-renewal. f. The TOWN agrees to comply with the Minnesota Data Practices Act and all other State and Federal laws relating to data privacy or confidentiality. The TOWN will immediately report to MCC any requests from third Agenda Item 1-1 f_%�l parties for information relating to this Agreement. The TO" agrees to promptly respond to inquiries from MCC concerning data requests. The TOWN agrees to hold MCC, its officers, department heads, and employees harmless from any claims resulting from the TOWN's unlawful disclosure or use of the data protection under State or Federal laws. 6. This Agreement will remain in effect through September 3, 2007, and after which time the parties shall meet to discuss any renewal of this Agreement for the following year. 7. In the event that this agreement is terminated prior to that date due to mutual agreement of both parties or pursuant to paragraph (n) above or (8) below, compensation shall be paid to the City of Maplewood on a pro-rated basis using the total compensation divided by number of days of the agreement multiplied by the total number of days the agreement was in effect, less any payments made prior to termination. S. Upon breach of any term of this agreement, the non-breaching party shall send written notice of the breach to the breaching party. The breaching party shall have 10 days to cure the breach, or provide satisfactory remedial procedures to non- breaching party, and reimburse non-breaching party for any and all costs associated with the breach including attorney's fees. Failure to cure shall constitute grounds for termination of this agreement. Further costs incurred due to the uncured breach shall constitute "damages" payable by the breaching party. City of Maplewood 1830 East County Rd. B Maplewood, MN 55109 White Bear Township 1281 Hammond Rd. White Bear Township, MN 551 IN WITNESS WHEREOF, the Town of White Bear and the City of Maplewood/Maplewood Community Center have caused this Agreement to be executed on their behalf by their proper officers, Council and Board. TOWN OF WHITE BEAR 1281 Hammond Rd. White Bear Township, MN 5511 ME ROBERT J. WEISENBURGER, Chair ATTEST: Agenda Item 1-1 f_%�l 0 WILLIAM F. SHORT, Clerk-Treasurer CITY OF MAPLEWOOD 1830 East County Rd. B Maplewood, MN 55109 0 MAYOR DIANA LONGRIE And By: Citizen Services Manager Agenda Item 1-1 f 2007 JOINT POWERS AGREEMENT BETWEEN THE CITY OF MAHTOMEDI AND THE CITY OF MAPLEWOOD REGARDING THE OPERATION OF MAHTOMEDI BEACH THIS AGREEMENT, is made and entered into on the day of _, 2007, by and between the city of MAHTOMEDI (hereinafter referred to as Mahtomedi, or city of Mahtomedi) and the city of MAPLEWOOD/MAPLEWOOD COMMUNITY CENTER (hereinafter referred to as Maplewood, or city of Maplewood); both of which are governmental subdivisions of the State of Minnesota located in the Counties of Washington, and Ramsey, respectively. PURPOSE It is the city of Mahtomedi's desire that the city of Maplewood, through the Maplewood Community Center (MCC) hire, train, supervise, and manage personnel to work at Mahtomedi Beach under the terms of, and during the time period set forth in, this agreement, below. AUTHORIZATION The cities of Mahtomedi and Maplewood enter into this agreement pursuant to Minnesota Statute Section 471.59, (2003). AGREEMENT NOW, in consideration of the mutual understanding as expressed herein, the cities of Mahtomedi and Maplewood agree as follows: 1. Services Provided. The city of Maplewood shall provide the following services: a. Recruit, interview, hire, train, evaluate, supervise and monitor all aquatic staff. Aquatic staff shall consist of lifeguards, water safety instructors, and water safety aides. All aquatic staff shall be employees of Maplewood and Maplewood shall discipline and terminate employees, as necessary. i. All aquatic staff working at Mahtomedi Beach shall have a minimum of six (6) months experience working at the MCC, shall be familiar with and follow Maplewood personnel policies, and shall demonstrate excellent dependability and responsibility. ii. All lifeguards working at Mahtomedi Beach shall maintain the following certifications, at all times during employment at Mahtomedi Beach: Agenda Item 1-1 f_%�l 1. Current certification in American Red Cross Lifeguard Training. 2. Current certification in CPR for the Professional Rescuer. 3. Current certification in Waterfront Lifeguarding. iii. All swim-class instructors working at Mahtomedi Beach shall maintain current certification as an American Red Cross Water Safety Instructor. iv. All water-safety aides working at Mahtomedi Beach shall maintain current certification as a Maplewood Community Center Water Safety Aide. b. Determine and set hours of daily operation for Mahtomedi Beach, subject to final approval by the city of Mahtomedi (12:00pm to 7:00pm, Sunday through Saturday, has been recommended by the MCC). c. Make decisions regarding closing the beach and/or canceling or rescheduling programs due to poor weather conditions. d. Administer and maintain Mahtomedi Beach and aquatic staff beginning on June 9, 2007, through August 19, 2007 (open swim dates). e. Provide, at Mahtomedi Beach, at all times during the hours of operation during the open swim dates, a minimum of two on-duty lifeguards, one of which shall be a Beach Coordinator, Recreation Supervisor, or Head Lifeguard, as described below. The number of lifeguards necessary, in excess of two, will be determined by the MCC, based on demand. f. Monitor all aquatic staff and ensure that all aquatic staff members maintain current the certifications listed above. Expiration of any required certification shall result in release from employment at Mahtomedi Beach. In the event that any aquatic staff member is released from employment, for any reason, it shall be the duty of the city of Maplewood to replace that employee with another employee who meets all requirements contained in this agreement. g. Administer a swim test to all aquatic staff (speed and endurance), along with other skills tests, to ensure that all aquatic staff are physically and otherwise capable of performing all tasks required of a Red Cross certified Lifeguard. All aquatic staff must achieve "good" or passing standards in the tests before beginning or continuing employment at Mahtomedi Beach. h. Prior to Mahtomedi Beach's opening, the MCC shall assist in the preparation, and opening, of Mahtomedi Beach. i. Conduct a minimum of five (5) in-service training sessions for aquatic staff working at Mahtomedi Beach, throughout the summer. In-services Agenda Item 1-1 f_%�l shall consist of both in and out-of-water training sessions. Attendance at these in-service training sessions shall be mandatory. Lifeguarding, teaching or swimming skills will be evaluated at the "in—water" in-service and information vital to the success of the aquatic program will be given at the "dry-land" in-services. j. In addition to any other training sessions, the City of Maplewood shall conduct training sessions on Right to Know, AWAIR, and Blood Borne Pathogens. k. Ensure that MCC administrative staff visits Mahtomedi Beach a minimum of once per week during the open swim dates, to critique, evaluate, and advise aquatic staff on performance and operation of Mahtomedi Beach. In addition, periodic unannounced visits shall be made by MCC administrative staff to evaluate on-the-job performance of aquatic staff, and to conduct on-the-job skills testing. 1. After evaluating aquatic staff, meet with staff members individually and discuss the staff member's evaluation/critique and offer feedback regarding skills at which the staff member excels and skills upon which the staff member can improve. m. Ensure that, at all times during the hours of operation of Mahtomedi Beach, a Head Lifeguard is on duty. A Head Lifeguard, Beach Coordinator, or Recreation Supervisor must be a minimum of 18 years of age and have excellent lifeguarding and leadership skills, as well as customer-service experience. n. Manage pay records and issue paychecks to all lifeguard staff working at Mahtomedi Beach. o. Assist with the daily upkeep and cleaning of the facilities at Mahtomedi Beach, including the beachfront, restrooms, and guardhouse. Any maintenance or mechanical problems shall be immediately reported to the city of Mahtomedi. p. Supply all equipment necessary to day-to-day lifeguarding operations at Mahtomedi Beach including, but not limited to, one backboard, one rescue board, four rescue tubes, one megaphone, and three sets of snorkeling gear. q. Administer the operation of a swimming lesson program, following the guidelines of the American Red Cross Learn to Swim Program. i. American Red Cross certified Water Safety Instructors shall teach the following classes: 1. Parent/Child classes. Agenda Item 1-1 f_%�l 2. Tot Swim classes. 3. Preschool classes. 4. Level 1-6 classes. ii. Course descriptions for all classes shall be made available upon request. iii. Registration for all swim classes shall be the responsibility of the city of Maplewood, and all fees collected in conjunction with swim classes shall be applied to payment for swim-class program and staff expenses. iv. Records shall be kept and be made available regarding the numbers of residents and nonresidents enrolled in the swimming lesson program. 2. Insurance. The cities of Mahtomedi and Maplewood mutually agree to indemnify and hold each other harmless for any and all occurrences relating to coordination, supervision, management, instruction, lifeguarding, and all other relevant issues relating to the coordination and operation of a comprehensive aquatics program. The cities of Mahtomedi and Maplewood shall list each other as coinsured for all beach-related activities and/or beach operation and maintenance. All insurance policies and/or agreements relating to beach-related activities and/or maintenance must be reviewed and approved by the respective city attorneys, city administrator for the city of Mahtomedi, and the city manager for the city of Maplewood. All insurance policies and/or agreements relating to beach-related activities shall require provide that the issuer notify the cities of Mahtomedi and Maplewood, individually, at least thirty (30) days prior to the effective date of any policy cancellation, modification, or non-renewal. 3. Swim-area Location. The area of Mahtomedi Beach to which this agreement pertains (swim area) shall be the southern 75 feet of the city of Mahtomedi's beach property fronting White Bear Lake. 4. Dock Location. The city of Maplewood will assist the city of Mahtomedi with determination of the proper location and formation of the dock structure. Factors determining the location, formation and adjustment will be based upon providing maximum safety for patrons and staff. Installation and adjustments of the dock will be performed by the city of Mahtomedi. Agenda Item 1-1 f_%�l 5. Compensation. The city of Mahtomedi agrees to provide the city of Maplewood with an annual administrative and employee-expense fee of $23175.00 for services rendered pursuant to this agreement. Mahtomedi shall pay this sum in three payments, under the following terms: a. The first of such payments, in the amount of $7,725.00, shall be made to the city of Maplewood no later than June 29, 2007. b. The second payment, in the amount of $7,725.00, shall be made to the city of Maplewood no later than August 3, 2007. c. The final payment, in the amount of $7,725.00, shall be made to the city of Maplewood no later than August 31, 2007. 6. Data Compliance. The city of Maplewood agrees to comply with the Minnesota Data Practices Act and all other State and Federal laws relating to data privacy of confidentiality. The city of Maplewood will immediately report to the city of Mahtomedi any request from third parties for information relating to this agreement. The city of Maplewood agrees to promptly respond to inquiries from the city of Mahtomedi concerning data requests. The city of Maplewood agrees to hold the city of Mahtomedi, its officers, and employees harmless for claims resulting from the city of Maplewood's unlawful disclosure or use of data protected under State of Federal laws. 7. Discrimination and Harassment Compliance, The city of Maplewood agrees to abide by the requirements of the Americans with Disabilities Act of 1990 (ADA), the Human Rights Act (Minnesota Statute Chapter 363), and Title 7 of the Civil Rights Act of 1964. These laws deal with discrimination based on race, gender, disability, religion, sexual preference and sexual harassment. Violation of any of the above laws will render this agreement terminable at the discretion and election of the city of Mahtomedi. 8. Termination. This agreement shall terminate on September 10, 2007. In the event that this agreement is terminated prior to that date due to mutual agreement of both parties or pursuant to paragraph (7) above or (10) below, compensation shall be paid to the City of Maplewood on a pro-rated basis using the total compensation divided by number of days of the agreement multiplied by the total number of days the agreement was in effect, less any payments made prior to termination. 9. Breach. Upon breach of any term of this agreement, the non-breaching party shall send written notice of the breach to the breaching party. The breaching party shall have 10 days to cure the breach, or provide satisfactory remedial procedures Agenda Item 1-1 f_%�l to non-breaching party, and reimburse non-breaching party for any and all costs associated with the breach including attorney's fees. Failure to cure shall constitute grounds for termination of this agreement. Further costs incurred due to the uncured breach shall constitute "damages" payable by the breaching party. 10. Notices. Any notice, demand, or correspondence authorized and/or required under the agreement shall be in writing and shall be delivered by hand or sent via certified mail to the other party as listed below. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective this day of 1 2007, and shall remain binding and in effect until such time as the city of Mahtomedi makes final payment to the city of Maplewood, according to the terms set forth in this agreement. This agreement may be extended or renewed beyond the date of termination, by election and execution of and by both parties hereto of a document of renewal or extension setting forth the terms of the renewal or extension. Dated 2007 Dated 2007 CITY OF MAHTOMEDI 600 Stillwater Road Mahtomedi, MN 55115 B Judson Marshall Mayor AND B City Administrator CITY OF MAPLEWOOD 1830 County Road B East Maplewood, MN 55109 B Mayor Diana Longrie AND B Citizen Services Manager Agenda Item 1-1 f_%�l 2007 JOINT POWERS AGREEMENT BETWEEN THE CITY OF OAKDALE AND THE CITY OF MAPLEWOOD REGARDING THE OPERATION TANNER'S BEACH This agreement made and entered into on the day and year hereinafter set forth by the City of Maplewood/ Maplewood Community Center (MCC) and the City of Oakdale (Oakdale) both of which are governmental subdivisions of the State of Minnesota. This contract is effective May 1, 2007 to September 1, 2007 and will be reviewed on a yearly basis by both parties. PURPOSE 2. Oakdale is desirous of having the MCC hire, train, and manage all personnel to work at Tanner's Beach from June 9- August 12, 2007. AGREEMENT Now, therefore in consideration of the mutual understanding herein expressed, the City of Oakdale and the City of Maplewood agree as follows: The MCC shall provide the following services: a. Determine the hours of operation for Tanner's Beach and beach program based on Oakdale recommendation. In the event of poor weather conditions, the MCC will be responsible for the decision of closing the beach and / or canceling programs. MCC will notify the City of Oakdale when programs have been canceled or the beach has been closed. MCC will also be responsible for opening and closing the beach facility on a daily basis and administration of keys to personnel. b. Develop Oakdale's Tanner's Beach program schedule. MCC will submit program information to Oakdale before publication. Recruit, interview, hire, train and evaluate all aquatic staff. Aquatic staff may consist of a beach coordinator, lifeguards, swim instructors, swim aides and concession attendants. MCC will hire, evaluate, discipline and terminate employees. d. Manage pay records and issue paychecks to all aquatic personnel working at Tanner's Beach. Ensure employees working at Tanner's Beach are employed by the City of Maplewood and follow Maplewood personnel policies. Employees must meet the minimum requirements to work in the appropriate positions Lifeguards -current certification in Red Cross Lifeguard Training Agenda Item 1-1 f_%�l -current certification on C.P.R. for the Professional Rescuer -current certification in Red Cross waterfront lifeguard training Swim Instructor -current certification in Red Cross Water Safety -current certification on C.P.R. for the Professional Rescuer -authorized instructor in the St. Paul Red Cross Chapter Swim Aides -trained and authorized as an MCC Water Safety Aide. f. Comply with the following standards related to the swim lesson program. (I.) At no time should any class or part of a class be unattended. (2.) A lifeguard must be on duty during and between all classes and programs. (3.) The maximum instructor to child ration should be as follows: Parent/child classes 1:10 Preschool classes 1:6 Youth classes (Levels 1&2) 1:9 Youth classes (Levels 3-6) 1:10 9. Monitor aquatic personnel certification to ensure that all certifications remain current. Expired certifications will result in being released from duties. h. Administer water examinations for all lifeguards. Conduct in-service training sessions each year. In-services consist of both in and out of water training sessions. Attendance at these in-service training sessions will be mandatory. Lifeguarding, teaching, or swimming skills will be evaluated at the "in —water" in-service and information vital to the success of the aquatic program will be given at the "dry-land" in-services. J. Review and visit the Tanner's Beach to critique and advise staff. k. Critique staff by either conducting "on-the-job" evaluations for lifeguards or critiquing a class for swim instructors and aides. Ensure staff follows all policies and procedures as authorized providers of the St. Paul Chapter of the American Red Cross. in. Maintain all course records and any other information required by the St. Paul Red Cross Chapter. Agenda Item 1-1 f n. Establish all class schedules and program fees with input from Oakdale. 0. Review enrollment and make decisions relating to class status. P. Oversee the daily upkeep of the aquatic facilities and communicate all maintenance needs immediately to Oakdale. q. Administer aquatic program evaluations and provide a copy of the summary to Oakdale. 4. The City of Oakdale shall provide the following services: Obtain concession permits and contracts for Tanner's Beach. Advertise aquatic programs in Oakdale Update newsletter. Handle all swim lessons and aquatic programs registrations for Tanner's Beach. Oakdale will follow class maximum sizes when taking registrations. Oakdale will allow Maplewood residents to register at the resident rate and Maplewood will allow Oakdale residents to enroll at the resident rate. Supply the MCC staff with class list one week prior to the start of class. Communicate to participants when there are changes to their classes. (For example, classes are cancelled due to low enrollment or beach is closed due to inclement weather.) Maintain the beach and beach facility and concessions. Reimburse the City of Maplewood for lifeguard, swim instructor, swim aide and concession staff salaries (as outlined by City of Maplewood). Reimburse the City of Maplewood for expenses needed for the operation of the concession stand or beach. The City of Oakdale hereby agrees to provide the City of Maplewood with an annual administrative fee of $9,000.00 payable according to the schedule listed below. The City of Oakdale will retain all registration fees for swimming and aquatic programs as well as any and all concession revenues from Tanner's Beach. 1. The first of such payments, in the amount of $3,000.00, shall be made to the City of Maplewood no later than June 29, 2007. Agenda Item 1-1 f_%�l 2. The second payment, in the amount of $3,000.00, shall be made to the City of Maplewood no later than August 3, 2007. The final payment, in the amount of $3,000.00, shall be made to the City of Maplewood no later than August 31, 2007. The City of Oakdale agrees to indemnify and hold harmless the City of Maplewood, its officers and employees from any liability, claims, damages, costs, judgment and expenses including attorney's fees resulting directly or indirectly from any act or omission with respect to the suitability, design, usual maintenance, and operations of the facilities provided by and maintained by the City of Oakdale and its agents. The City of Oakdale represents that said facilities are suitable for the coordination and the aquatic programs contemplated in this agreement. All policies of insurance purchased by or on behalf of Oakdale in conjunction with this agreement shall require that the execution of issuer notify the City of Maplewood at least thirty (30) days prior to the effective date of any policy cancellation, modification, or non-renewal. The City of Oakdale agrees to comply with the Minnesota Data Practices Act and all other State and Federal laws relating to data privacy of confidentiality. The City of Oakdale will immediately report to the City of Maplewood any request from third parties for information relating to this agreement. The City of Oakdale agrees to promptly respond to inquiries from the City of Maplewood concerning data requests. The City of Oakdale agrees to hold the City of Maplewood, its officers, and employees harmless for claims resulting from the City of Oakdale's unlawful disclosure or use of data protected under State or Federal laws. The City of Oakdale agrees to abide by the requirements of the Americans with Disabilities Act of 1990 (ADA), the Human Rights Act (Minnesota Chapter 363), and (Title7) of the Civil Rights Act of 1964. Violation of any of the above laws can lead to termination of this agreement. In the event that this agreement is terminated prior to that date due to mutual agreement of both parties or pursuant to paragraph (k) above or (in) below, compensation shall be paid to the City of Maplewood on a pro-rated basis using the total compensation divided by number of days of the agreement multiplied by the total Agenda Item 1-1 f_%�l number of days the agreement was in effect, less any payments made prior to termination. Upon breach of any term of this agreement, the non-breaching party shall send written notice of the breach to the breaching party. The breaching party shall have 10 days to cure the breach, or provide satisfactory remedial procedures to non-breaching party, and reimburse non-breaching party for any and all costs associated with the breach including attorney's fees. Failure to cure shall constitute grounds for termination of this agreement. Further costs incurred due to the uncured breach shall constitute "damages" payable by the breaching party. 5. Notices Any notice, demand correspondence that is authorized and required under the agreement shall be in writing, shall be sent by hand or delivered certified to mail the other party as follows: IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective and will be in effect for the year 2007. Dated: Dated: CITY OF OAKDALE 1584 Hadley Avenue North Oakdale, MN 55128 By: Mayor AND By: City Administrator CITY OF MAPLEWOOD 1830 East County Rd. B Maplewood, MN 55109 By: Mayor Diana Longrie AND By: Citizen Services Manager AGENDA NO. I -2 AGENDA REPORT TO: City Council FROM: Finance and Administration Manager RE: APPROVAL OF CLAIMS DATE: April 9, 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: $ 1,451,035.75 Checks # 72310 thru # 72372 dated 03/20/07 thru 03/27/07 $ 143,219.15 Disbursements via debits to checking account dated 03/16/07 thru 03/22/07 $ 626,156.31 Checks # 72373 thru # 72414 dated 04/03/07 $ 297,811.32 Disbursements via debits to checking account dated 03/23/07 thru 03/29/07 $ 2,518,222.53 Total Accounts Payable PAYROLL $ 430,194.01 Payroll Checks and Direct Deposits dated 03 /23/07 $ 2,794.40 Payroll Deduction check # 1001683 thru # 1001685 dated 03/23/07 $ 432,988.41 Total Payroll $ 2,951,210.94 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 file if necessary. ds attachments S: \CTY_CLRK\Agenda Lists and Reports 2007\Agenda Reports \04 -09 -07\12 Approval of Claims Check Register City of Maplewood Check Date Vendor Description Amount 72310 0312012007 03842 DEB STEFFENFMEIER REFUND BANQUET ROOM RENTAL 350.00 72311 03/2012007 03844 CASH CASH FOR DEPUTY REGISTRAR 140.00 72312 03/2012007 02196 JORGENSON CONST INC PROD 03 -19 PW BLDG ADDITION PMT 45,326.82 72313 0312112007 01574 T.A. SCHIFSKY & SONS, INC PROJ 02 -08 CTY RD D PMT #13 140,538.95 72314 0312112007 00526 FOREST LAKE CONTRACTING INC PROJ 05 -16 KENWOOD AREA ST PMT 737,186.39 72315 03/2712007 03576 EUREKA RECYCLING RECYCLING - MARCH 18,957.02 72316 0312712007 00585 GOPHER STATE ONE -CALL NET BILLABLE TICKETS - JAN 387.40 0312712007 00585 GOPHER STATE ONE -CALL NET BILLABLE TICKETS - FEB 288.00 72317 0312712007 01819 MCLEOD USA LOCAL PHONE SERVICE 2116 - 3115 2,085.16 72318 03/2712007 01337 RAMSEY COUNTY -PROP REC & REV MTS 5000 MOTOROLA MODEL 11 27,715.52 03/2712007 01337 RAMSEY COUNTY -PROP REC & REV MTS 1500 MOTOROLA RADIOS 2,631.52 72319 0312712007 01337 RAMSEY COUNTY -PROP REC & REV APPLICATION FEE FOR USE DEED 52.70 72320 0312712007 01360 REINHART FOODSERVICE MDSE FOR RESALE 217.85 72321 03/2712007 01504 CITY OF ST PAUL MEDICAL SUPPLIES 1,289.32 72322 0312712007 02462 SCOTT D WEMYSS NAMETAGS 47.60 72323 0312712007 01190 XCEL ENERGY ELECTRIC UTILITY 11,159.98 72324 0312712007 03613 ACTION IMPRINTS G328 PADFOLIOS, SET -UP, SHIPPING & 1,251.22 72325 03/2712007 03833 ADVANCED PUBLIC SAFETY TICKET WRITING SOFT /HARDWARE 22,500.00 72326 03/2712007 00116 APPEARANCE PLUS CAR WASH CAR WASHES - FEB 81.21 72327 0312712007 00159 PAUL BARTZ REIMB FOR DUTY BAG /CASE 42.55 72328 0312712007 01811 BERNATELLO'S PIZZA INC MDSE FOR RESALE 189.00 03/2712007 01811 BERNATELLO'S PIZZA INC MDSE FOR RESALE 189.00 0312712007 01811 BERNATELLO'S PIZZA INC MDSE FOR RESALE 126.00 0312712007 01811 BERNATELLO'S PIZZA INC MDSE FOR RESALE 63.00 72329 0312712007 03738 BETHEL & ASSOCIATES, PA H R SERVICES 1119 - 216 2,656.00 72330 03/2712007 03846 CLASSIC CATERING CATERING AT 50TH ANNIV 1,709.33 72331 03/2712007 03726 MARY CURRY WATER FITNESS PRESENTATION 3118 250.00 72332 0312712007 00003 ESCROW REFUND REF ESCR -S AGARWAL -2597 1,000.00 72333 0312712007 00500 FEDEX PROJ 04 -21 COPY /BINDING 2,349.59 72334 03/27/2007 03516 ANTHONY GABRIEL REIMB FOR TUITION & BOOKS 1110 -313 721.31 72335 03127/2007 00645 HEALTH PARTNERS PARAMEDIC SUPPLIES 215.27 72336 03127/2007 02945 HEALTHEAST VEHICLE SERVICES VEHICLE CONVERSION 2,703.80 03127/2007 02945 HEALTHEAST VEHICLE SERVICES VEHICLE CONVERSION 259.02 03/27/2007 02945 HEALTHEAST VEHICLE SERVICES VEHICLE CONVERSION 93.21 03/27/2007 02945 HEALTHEAST VEHICLE SERVICES VEHICLE CONVERSION 67.40 72337 03127/2007 00672 ERIK HJELLE REIMB FOR INTERNET 11/19 - 3/19 171.80 72338 0312712007 00615 HLB TAUTGES REDPATH, LTD 2006 AUDIT - PERIOD ENDING 2/28 841.75 72339 03/27/2007 03597 MARY JO HOFMEISTER REIMB FOR MILEAGE 2123 - 3/15 13.82 72340 03127/2007 03168 IMPERIAL DEVELOPERS INC PROD 04- 04102 -08 VENBURG /GUILDENS 14,764.08 72341 03127/2007 03502 KOEHNEN ELECTRIC INC REPLACE FEEDERS TO 2 PUMP 556.00 72342 03127/2007 00827 L M C I T WORK COMP QUARTERLY DEP PREM 61,704.50 03/27/2007 00827 L M C I T INS QUARTERLY PREM APR - JUN 41,599.00 72343 03/27/2007 00857 LEAGUE OF MINNESOTA CITIES LEGIS CONF FEE FOR WILL ROSSBACH 125.00 72344 03127/2007 00986 METROPOLITAN COUNCIL MONTHLY SAC - FEB 1,658.25 72345 0312712007 01147 NATL REGISTRY OF EMT RE- REGISTRATION FEES 275.00 72346 03/27/2007 02909 NORTH AMERICAN SALT CO ROAD SALT 8,265.90 03127/2007 02909 NORTH AMERICAN SALT CO ROAD SALT 3,628.63 72347 03127/2007 01175 CITY OF NORTH ST PAUL MONTHLY UTILITIES 3,205.34 72348 03127/2007 00001 ONE TIME VENDOR REFUND M KIELAS - ON -SALE LIQUOR 2,500.00 72349 03/27/2007 00001 ONE TIME VENDOR REFUND A ENGEL - BANQUET ROOM 850.00 72350 03/27/2007 00001 ONE TIME VENDOR REFUND B KING - MN REV AMB 762.00 72351 03127/2007 00001 ONE TIME VENDOR REFUND C MCCOMBIE - MN REV AMB 318.60 72352 0312712007 00001 ONE TIME VENDOR REFUND C RICCI - MN REV AMB 207.80 72353 03/27/2007 00001 ONE TIME VENDOR REFUND J HUNTER - MEMBERSHIP 119.28 72354 03127/2007 00001 ONE TIME VENDOR REFUND M KEMMIT - MN REV AMB 118.41 72355 03127/2007 00001 ONE TIME VENDOR REFUND C TRINKA - MN REV AMB 100.00 72356 03127/2007 00001 ONE TIME VENDOR REFUND E ANDERSON - MN REV AMB 70.67 72357 03/27/2007 00001 ONE TIME VENDOR REFUND B STICKLER FOR BCBS 60.00 72358 03/27/2007 00001 ONE TIME VENDOR REFUND -MET PRINCIPAL ACADEMY- 50.00 4 Check Register City of Maplewood Check Date Vendor Description Amount 72359 0312712007 00001 ONE TIME VENDOR REFUND B DY FOR MEMBERSHIP 25.00 72360 03/2712007 00001 ONE TIME VENDOR REFUND L ALVERSON - MN REV AMB 15.60 72361 03/2712007 02270 PALDA & SONS INC PROD 02 -08 CTY RD D IMPRV PMT #10 18,011.88 0312712007 02270 PALDA & SONS INC PROJ 02 -08 CTY RD D IMPRV PMT #9 13,032.21 72362 0312712007 01254 PEPSI -COLA COMPANY MDSE FOR RESALE 938.50 03/2712007 01254 PEPSI -COLA COMPANY MDSE FOR RESALE 440.35 72363 0312712007 03847 RAND IMAGINIT TECHNOLOGIES INC TECH SUPPORT 75.00 72364 0312712007 03215 SHAFER CONTRACTING CO INC PROJ 02 -07 CTY RD D /HAZELWOOD PT 129,108.80 0312712007 03215 SHAFER CONTRACTING CO INC PROJ 02 -07 CTY RD DIHAZELWOOD PT 114,895.45 72365 03/2712007 03398 SHAMROCK GROUP MDSE FOR RESALE 226.20 03/2712007 03398 SHAMROCK GROUP MDSE FOR RESALE 180.00 72366 0312712007 02274 SPRINT CELL PHONE 219 - 318 44.87 72367 0312712007 02086 ST PAUL AREA CHAMBER OF COMM MEMBERSHIP 402.00 72368 03/2712007 01510 ST. PAUL PIONEER PRESS ADVERTISING 1,792.08 72369 0312712007 01578 T R F SUPPLY CO. SAFETY GLOVES & GLASSES 229.71 72370 0312712007 03843 TRANS -AUTO TRANSMISSION INC. REMOVE & REPLACE TRANSMISSION 2,542.39 72371 0312712007 02464 US BANK PAYING AGENT FEES 431.25 03/2712007 02464 US BANK PAYING AGENT FEES 431.25 03/2712007 02464 US BANK PAYING AGENT FEES 431.25 0312712007 02464 US BANK PAYING AGENT FEES 402.50 0312712007 02464 US BANK PAYING AGENT FEES 215.63 72372 03/2712007 01750 THE WATSON CO INC MDSE FOR RESALE 194.77 0312712007 01750 THE WATSON CO INC MDSE FOR RESALE 162.09 63 Checks in this report. 1 .'fJ I .uJJ. / J 3 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 03/15/07 03/16/07 MN State Treasurer Drivers License /Deputy Registrar 13,576.73 03/15/07 03/16/07 MN Dept of Natural Resources DNR electronic licenses 1,104.00 03/16/07 03/19/07 MN State Treasurer Drivers License /Deputy Registrar 9,706.63 03/19/07 03/20/07 MN State Treasurer Drivers License /Deputy Registrar 17,932.61 03/19/07 03/20/07 MN Dept of Revenue Sales Tax 10,045.00 03/20/07 03/21/07 MN State Treasurer Drivers License /Deputy Registrar 19,674.41 03/21/07 03/22/07 MN State Treasurer Drivers License /Deputy Registrar 16,210.80 03/21/07 03/22/07 MN Dept of Revenue Fuel Tax 413.20 03/17/07 03/22/07 US Bank VISA One Card* Purchasing card items 54,555.97 i *Detailed listing of VISA purchases is attached. 11 Visa Transactions 3/03/07 to 3/16107 Trans Date Posting Date Merchant Name Trans Amount Name 03/07107 03/08/07 VZWRLSS *APOCC VISN $44.09 R CHARLES AHL 03/07/07 03/08/07 TI *TASER INTL $550.00 SCOTT ANDREWS 03/13/07 03/14/07 ULTRA MAX $1,790.00 SCOTT ANDREWS 03/01/07 03/05/07 ORIENTAL TRADING CO $208.93 MANDY ANZALDI 03/02107 03/05/07 TARGET 00011858 $47.63 MANDY ANZALDI 03/02/07 03/05/07 FACTORY CARD OUTLET #284 $57.85 MANDY ANZALDI 03/08/07 03/09/07 FACTORY CARD OUTLET #284 $26.80 MANDY ANZALDI 03/08/07 03/09/07 FACTORY CARD OUTLET #284 $5.73 MANDY ANZALDI 03/14107 03/16/07 JOANN ETC #1902 $72.67 MANDY ANZALDI 03/15/07 03/16/07 WALGREEN 00073882 $5.35 MANDY ANZALDI 02/13/07 03/12/07 NUCO2 $85.20 JIM BEHAN 02/20/07 03/12/07 NUCO2 $85.20 JIM BEHAN 02/23107 03/12/07 NUCO2 $45.80 JIM BEHAN 03/01/07 03/12/07 NUCO2 $57.89 JIM BEHAN 03/02/07 03/12/07 NUCO2 $76.47 JIM BEHAN 03/05/07 03/06/07 NORTH HEIGHTS HARDWARE IN $18.50 JIM BEHAN 03/07107 03/08/07 WALGREEN 00073882 $9.18 JIM BEHAN 03/07/07 03/08/07 NORTH HEIGHTS HARDWARE IN $5.22 JIM BEHAN 03/08/07 03/12/07 AQUA LOGIC INC $169.05 JIM BEHAN 03/09/07 03/12/07 STATE SUPPLY COMPANY $629.43 JIM BEHAN 03/09107 03/12/07 STATE SUPPLY COMPANY $328.55 JIM BEHAN 03/09/07 03/12/07 MUSKA LIGHTING CENTER $95.71 JIM BEHAN 03/14/07 03/15/07 ELECTRIC MOTOR REAPIR $393.30 JIM BEHAN 03/15/07 03/16/07 MUSKA LIGHTING CENTER $17.89 JIM BEHAN 03/07107 03/09/07 ESRI INC $150.67 CHAD BERGO 03/08/07 03/09/07 KNOWLANS #2 $8.29 OAKLEY BIESANZ 03/08/07 03/12/07 BLUE RIBBON BAIT & TACKLE $11.66 OAKLEY BIESANZ 03/05/07 03/07/07 BROWNELLS INC $321.75 DAN BUSACK 03/12107 03/14/07 SPORTSMAN WAREHOUSE NO 13 $25.94 DAN BUSACK 03/02/07 03/05/07 FEDEX KINKO'S #0617 $498.42 HEIDI CAREY 03/05/07 03/06/07 DISPLAYS 2 GO $196.76 HEIDI CAREY 03/07/07 03/08/07 PANIC INC. WWW.PANIC.COM $29.95 HEIDI CAREY 03/12107 03/13/07 DGI *DYNAMIC GRAPHICS $79.00 HEIDI CAREY 03/13/07 03/14/07 TARGET 00011858 $60.32 HEIDI CAREY 03/14/07 03/16/07 INNOVATIVE COLOR PRINTING $613.96 HEIDI CAREY 03/01/07 03/05/07 THE HOME DEPOT 2810 $73.71 CHARLES DEAVER 03/08107 03/09/07 G & K SERVICES 006 $59.10 CHARLES DEAVER 03/08/07 03/09/07 MENARDS 3022 $40.46 CHARLES DEAVER 03/09/07 03/12/07 THE HOME DEPOT 2810 {$6.36} CHARLES DEAVER 03/09/07 03/12/07 THE HOME DEPOT 2810 $8.49 CHARLES DEAVER 03/15107 03/16/07 FRATTALLONE'S ACE HDWE $5.29 CHARLES DEAVER 03/06/07 03/08/07 THE HOME DEPOT 2801 $9.53 RICHARD DOBLAR 03/13/07 03/14/07 CUB FOODS, INC. $31.96 THOMAS G EKSTRAND 03/07/07 03/08/07 NORTHERN TRAFFIC SUPPLY $234.30 ANDREW ENGSTROM 03/01107 03/05/07 ELECTRO WATCHMAN INC $909.73 LARRY FARR 03/01/07 03/05/07 INT'L CODE COUNCIL INC $850.00 LARRY FARR 03/01/07 03/05/07 OVERHEAD DOOR OF NORTH $282.75 LARRY FARR 03/01/07 03/09/07 CRAMER BLDG SERVICES INC $283.47 LARRY FARR 03/02107 03/05/07 THE HOME DEPOT 2801 $124.86 LARRY FARR 03/02/07 03/05/07 WMS *WASTE MGMT WMEZPAY $350.20 LARRY FARR 03/02/07 03/05/07 WMS *WASTE MGMT WMEZPAY $350.20 LARRY FARR 03/02/07 03/05/07 WMS *WASTE MGMT WMEZPAY $882.56 LARRY FARR 03/05107 03/06/07 CERTIFIED LABORATORIES $951.67 LARRY FARR 03/05/07 03/06/07 CERTIFIED LABORATORIES $1,160.41 LARRY FARR Visa Transactions 3/03/07 to 3/16107 Trans Date Posting Date Merchant Name Trans Amount Name 03/08107 03/09/07 G & K SERVICES 006 $544.47 LARRY FARR 03/08/07 03/09/07 G & K SERVICES 006 $290.52 LARRY FARR 03/08/07 03/12/07 COMMERCIAL FURNITURE SR $301.48 LARRY FARR 03/08/07 03/12/07 THE HOME DEPOT 2801 $315.86 LARRY FARR 03/09107 03/12/07 ELECTRO WATCHMAN INC $1,399.25 LARRY FARR 03/09/07 03/12/07 HANKS SPECIALTIES INC $69.76 LARRY FARR 03/12/07 03/13/07 PREMIUM WATERS INC $5.33 LARRY FARR 03/01/07 03/05/07 INT'L CODE COUNCIL INC $128.95 DAVID FISHER 03/13107 03/15/07 OFFICE MAX $6.70 DAVID FISHER 03/14/07 03/16/07 INT'L CODE COUNCIL INC $100.00 DAVID FISHER 03/05/07 03/07/07 RADIO SHACK 00161455 $43.62 MYCHAL FOWLDS 03/14/07 03/15/07 INSIGHT PUBLIC SECTORS $260.91 MYCHAL FOWLDS 03/14107 03/16/07 SPRINT PCS- 995 -SP WEB $92.00 MYCHAL FOWLDS 03/15/07 03/16/07 CABLING SERVICES CORPORA $629.15 MYCHAL FOWLDS 03/01/07 03/05/07 OFFICE MAX $53.23 NICK FRANZEN 03/02/07 03/05/07 OFFICE DEPOT #1090 $90.09 NICK FRANZEN 03/06107 03/07/07 SYX *TIGERDIRECT.COM $62.98 NICK FRANZEN 03/08/07 03/09/07 SYX *TIGERDIRECT.COM $581.18 NICK FRANZEN 03/12/07 03/14/07 DELL MARKETING L.P. $608.12 NICK FRANZEN 03/14/07 03/15/07 UPS *l ZT988770395001215 $7.13 NICK FRANZEN 03/14107 03/16/07 WWW.CIRCUITCITY.COM $175.69 NICK FRANZEN 03/07/07 03/08/07 PAKOR INC $430.96 PATRICIA FRY 03/13/07 03/15/07 OFFICE DEPOT #1090 $115.74 PATRICIA FRY 03/07/07 03/08/07 BONESTROO ROSENE ANDERLI $15.00 VIRGINIA GAYNOR 03/12107 03/13/07 PEN *FDIC /FIRE ENGINEER $410.00 CLARENCE GERVAIS 03/12/07 03/13/07 PEN *FDIC /FIRE ENGINEER $410.00 CLARENCE GERVAIS 03/06/07 03/08/07 OFFICE DEPOT #1090 $255.07 JEAN GLASS 03/14/07 03/16/07 OFFICE DEPOT #1090 $176.47 JEAN GLASS 03/07107 03/08/07 CLOVER SUPER FOODS $184.30 MIKE GRAF 03/08/07 03/09/07 MIDWEST VOLLEYBALL WAREHO $86.00 MIKE GRAF 03/09/07 03/12/07 ANACONDASPORTS $135.00 MIKE GRAF 03/14/07 03/15/07 PRICE CHOPPER INC $1,313.43 MIKE GRAF 03/10107 03/12/07 PROPERTYKEY.COM, INC. $50.00 KAREN E GUILFOILE 03/14/07 03/15/07 VZWRLSS *APOCC VISN $94.47 KAREN E GUILFOILE 03/08/07 03/12/07 HOLIDAY #523 $12.94 PATRICK HEFFERNAN 03/08/07 03/12/07 SPRINT -STORE #2430 $128.38 PATRICK HEFFERNAN 03/08107 03/12/07 HOLIDAY STATIONSTORE $9.56 PATRICK HEFFERNAN 03/15/07 03/16/07 HENRIKSEN ACE HARDWARE $7.86 PATRICK HEFFERNAN 03/15/07 03/16/07 MENARDS 3059 $43.87 PATRICK HEFFERNAN 03/15/07 03/16/07 MENARDS 3059 $16.49 PATRICK HEFFERNAN 03/07107 03/09/07 AMERICAN RED CROS01 OF 01 $85.45 RON HORWATH 03/01/07 03/05/07 DE LADE LANDEN OP01 OF 01 $206.61 ANN E HUTCHINSON 03/14/07 03/15/07 SPRINT *'WIRELESS SVCS $32.89 ANN E HUTCHINSON 03/02/07 03/08/07 DALCO ENTERPRISES, INC $853.55 DAVID JAHN 03/02107 03/05/07 THE HOME DEPOT 2801 $2.01 KEVIN JOHNSON 03/04/07 03/06/07 TARGET 00011858 $19.16 KEVIN JOHNSON 03/14/07 03/15/07 HENRIKSEN ACE HARDWARE $2.55 TOM KALKA 03/14/07 03/15/07 NAPA AUTO PARTS # 28438 $12.77 TOM KALKA 03/14107 03/16/07 THE UPS STORE #2171 $12.99 TOM KALKA 03/04/07 03/06/07 RADIO SHACK 00161455 $42.59 FLINT KAKIS 03/04/07 03/06/07 RADIO SHACK 00161455 $5.31 FLINT KAKIS 03/06/07 03/08/07 POWER SYSTEMS $70.04 MARY B KOEHNEN 03/02107 03/05/07 UNIFORMS UNLIMITED INC $65.25 DAVID KVAM 03/02/07 03/05/07 ECI *GOTOMYPC.COM SVCS $19.95 ERIN M LABEREE Visa Transactions 3/03/07 to 3/16107 Trans Date Posting Date Merchant Name Trans Amount Name 03/13107 03/13/07 SPRINTPCS AUTOPYMT RC1 $52.37 ERIN M LABEREE 03/13/07 03/14/07 PAYPAL *SPRINGSTED $100.00 ERIN M LABEREE 03/06/07 03/12/07 DALCO ENTERPRISES, INC $11.53 MICHAEL LIDBERG 03/13/07 03/14/07 MENARDS 3022 $47.78 DENNIS LINDORFF 03/01107 03/05/07 SPRINT -STORE #2430 $57.77 STEVE LUKIN 03/01/07 03/05/07 AMERICAN MESSAGING $17.75 STEVE LUKIN 03/02/07 03/05/07 HOLIDAY STATIONSTORE $11.68 STEVE LUKIN 03/05/07 03/06/07 WMS *WASTE MGMT WMEZPAY $282.64 STEVE LUKIN 03/06107 03/14/07 OVERHEAD DOOR OF NORTH $448.65 STEVE LUKIN 03/07/07 03/08/07 CUB FOODS, INC. $7.18 STEVE LUKIN 03/07/07 03/08/07 CUB FOODS, INC. $9.15 STEVE LUKIN 03/07/07 03/08/07 INTL ASSOC OF FIRE CHIEFS $215.00 STEVE LUKIN 03/08107 03/12/07 PANERA BREAD #3459 $17.03 STEVE LUKIN 03/13/07 03/14/07 EMERGENCY APPARATUS MAINT $1,016.38 STEVE LUKIN 03/14/07 03/15/07 SPRINT *'WIRELESS SVCS $797.97 STEVE LUKIN 03/15/07 03/16/07 VZWRLSS *APOCC VISN $31.38 STEVE LUKIN 03/15107 03/16/07 AMERICAN MESSAGING $35.50 STEVE LUKIN 03/07/07 03/08/07 BATTERIES PLUS $50.10 DAN MARTIN 03/12/07 03/14/07 THE UPS STORE #2171 $9.26 DAN MARTIN 03/13/07 03/15/07 THE UPS STORE #2171 $7.26 DAN MARTIN 03/15107 03/16/07 CUB FOODS, INC. $48.08 DAN MARTIN 03/06/07 03/07/07 HENRIKSEN ACE HARDWARE $106.88 MARK MARUSKA 03/08/07 03/09/07 G & K SERVICES 006 $276.16 MARK MARUSKA 03/13/07 03/15/07 ON SITE SANITATION INC $50.64 MARK MARUSKA 03/15107 03/16/07 VZWRLSS *APOCC VISN $38.13 MARK MARUSKA 03/05/07 03/06/07 CHANNING BETE CO - $78.50 JON A MELANDER 03/07/07 03/09/07 AMERICAN AIR0011566998367 $242.60 JON A MELANDER 03/07/07 03/09/07 AMERICAN AIR0011566998370 $242.60 JON A MELANDER 03/07107 03/09/07 ORB *AP120101LZCVMG5R $11.98 JON A MELANDER 03/07/07 03/08/07 CINTAS FIRST AID #431 $69.51 BRYAN NAGEL 03/12/07 03/13/07 HIGHWAY TECHNOLOGIES #229 $159.80 BRYAN NAGEL 03/13/07 03/14/07 SPRINT *SPRNTNEXTELIVR $654.29 BRYAN NAGEL 03/08107 03/09/07 G & K SERVICES 006 $531.31 AMY NIVEN 03/08/07 03/09/07 G & K SERVICES 006 $185.33 AMY NIVEN 03/08/07 03/09/07 G & K SERVICES 006 $218.88 AMY NIVEN 03/14/07 03/16/07 OFFICE DEPOT #1090 ($56.81) AMY NIVEN 03/02107 03/05/07 OFFICE DEPOT #1090 $31.48 MARY KAY PALANK 03/12/07 03/13/07 OFFICE DEPOT #1090 $29.26 KATHLEEN PECK HALL 03/13/07 03/15/07 OFFICE DEPOT #1090 $29.26 KATHLEEN PECK HALL 03/06/07 03/08/07 THE HOME DEPOT 2801 $5.30 ROBERT PETERSON 03/01107 03/05/07 STREICHERS INC $306.02 PHILIP F POWELL 03/05/07 03/06/07 HENRIKSEN ACE HARDWARE $9.01 PHILIP F POWELL 03/07/07 03/08/07 IMS PLUS $302.83 PHILIP F POWELL 03/10/07 03/12/07 LABSAFE *1009302524 $66.90 PHILIP F POWELL 03/10107 03/12/07 FEDEX SHP 03/08107 AB# $9.50 PHILIP F POWELL 03/13/07 03/14/07 HENRIKSEN ACE HARDWARE $18.50 PHILIP F POWELL 03/08/07 03/09/07 PRIMARY PRODUCTS COMPA $336.66 ROBERT PRECHTEL 03/08/07 03/09/07 FEDEX KINKO'S #0617 $13.98 ROBERT PRECHTEL 03/08107 03/09/07 TRI -ANIM HEALTH SERVICES $890.00 ROBERT PRECHTEL 03/12/07 03/13/07 VIDACARE CORPORATION $499.74 ROBERT PRECHTEL 03/13/07 03/14/07 SCANTRON $114.12 ROBERT PRECHTEL 03/13/07 03/14/07 BATTERY TECH CENTRAL $136.00 ROBERT PRECHTEL 03/05107 03/06/07 SPRINT *WIRELESS SVCS $383.89 WILLIAM J PRIEFER 03/01/07 03/05/07 KATH AUTO PARTS NSP $26.63 STEVEN PRIEM Visa Transactions 3/03/07 to 3/16107 Trans Date Posting Date Merchant Name Trans Amount Name 03/01107 03/05/07 KATH AUTO PARTS NSP $39.38 STEVEN PRIEM 03/02/07 03/05/07 FACTORY MOTOR PARTS #19 $192.19 STEVEN PRIEM 03/02/07 03/05/07 BOYER FORD TRUCKS INC $156.35 STEVEN PRIEM 03/03/07 03/05/07 THE HOME DEPOT 2801 $12.48 STEVEN PRIEM 03/06107 03/07/07 ZIEGLER INC - RETAIL $642.30 STEVEN PRIEM 03/06/07 03/08/07 BOYER FORD TRUCKS INC $899.17 STEVEN PRIEM 03/06/07 03/08/07 CATCO PARTS &SERVICE $342.46 STEVEN PRIEM 03/07/07 03/08/07 POLAR CHEVROLET $151.73 STEVEN PRIEM 03/07107 03/08/07 POLAR CHEVROLET $40.34 STEVEN PRIEM 03/07/07 03/09/07 EAT INC $83.87 STEVEN PRIEM 03/08/07 03/09/07 POLAR CHEVROLET $61.01 STEVEN PRIEM 03/08/07 03/09/07 PAM OIL INC $202.81 STEVEN PRIEM 03/08107 03/09/07 PARTS ASSOCIATES INC $58.74 STEVEN PRIEM 03/08/07 03/12/07 KATH AUTO PARTS NSP $36.10 STEVEN PRIEM 03/08/07 03/12/07 KATH AUTO PARTS NSP $20.95 STEVEN PRIEM 03/08/07 03/12/07 KATH AUTO PARTS LC $97.00 STEVEN PRIEM 03/08107 03/12/07 BOYER FORD TRUCKS INC $29.70 STEVEN PRIEM 03/08/07 03/12/07 BOYER FORD TRUCKS INC $83.28 STEVEN PRIEM 03/09/07 03/12/07 KATH AUTO PARTS LC $15.78 STEVEN PRIEM 03/12/07 03/14/07 WALTERS REBUILDERS $308.85 STEVEN PRIEM 03/13107 03/14/07 NORTH CENTRAL TRUCK EQ $281.17 STEVEN PRIEM 03/13/07 03/15/07 KATH AUTO PARTS LC $6.22 STEVEN PRIEM 03/13/07 03/15/07 ZARNOTH BRUSH WORKS $1,653.95 STEVEN PRIEM 03/13/07 03/15/07 TOUSLEY FORD 127200039 $213.11 STEVEN PRIEM 03/02107 03/05/07 ACCURINT EOM AUTO P $30.00 KEVIN RABBETT 03/05/07 03/07/07 UNIFORMS UNLIMITED INC $61.86 KEVIN RABBETT 03/06/07 03/08/07 UNIFORMS UNLIMITED $3,047.28 KEVIN RABBETT 03/06/07 03/08/07 STREICHERS INC $175.71 KEVIN RABBETT 03/08107 03/12/07 SHRED -IT $133.20 KEVIN RABBETT 03/12/07 03/13/07 DON' PAINT & BODY SHOP $176.72 KEVIN RABBETT 03/13/07 03/14/07 SEARCH GROUP INC $75.00 KEVIN RABBETT 03/05/07 03/06/07 MN OCCUPATIONAL HEALTH $701.00 TERRIE RAMEAUX 03/07107 03/08/07 PIONEER PRESS ADVERTISIN $2,691.38 TERRIE RAMEAUX 03/08/07 03/09/07 TRUMOR INC $125.00 TERRIE RAMEAUX 03/02/07 03/08/07 DALCO ENTERPRISES, INC $819.24 MICHAEL REILLY 03/06/07 03/12/07 DALCO ENTERPRISES, INC $89.99 MICHAEL REILLY 03/02107 03/05/07 MAPLEWOOD PARKS AND RECRE $5.50 AUDRA ROBBINS 03/07/07 03/08/07 HISTORY THEATRE $305.00 AUDRA ROBBINS 03/12/07 03/14/07 MICHAELS #2744 $66.56 AUDRA ROBBINS 03/12/07 03/14/07 WONDER /HOSTESS #63 $40.66 AUDRA ROBBINS 03/12107 03/14/07 HOLLYWOOD VIDEO $14.86 AUDRA ROBBINS 03/13/07 03/14/07 MAPLEWOOD PARKS AND RECRE $5.50 AUDRA ROBBINS 03/13/07 03/15/07 GRAND SLAM SPORTS $344.79 AUDRA ROBBINS 03/14/07 03/16/07 PANERA BREAD #3459 $25.18 AUDRA ROBBINS 03/14107 03/16/07 CVS PHARMACY #1751 Q03 $8.68 AUDRA ROBBINS 03/15/07 03/16/07 CUB FOODS, INC. $24.63 AUDRA ROBBINS 03/09/07 03/12/07 THE HOME DEPOT 2801 $21.60 ROBERT RUNNING 03/13/07 03/14/07 HUGO FEED MILL AND ELEVAT $50.48 ROBERT RUNNING 03/06107 03/08/07 OFFICE DEPOT #1090 $154.49 HARRIET J RYDEL 03/15/07 03/16/07 SAINT PAUL AREA CHAMBER $17.00 HARRIET J RYDEL 03/15/07 03/16/07 SAINT PAUL AREA CHAMBER $17.00 HARRIET J RYDEL 03/06/07 03/08/07 THE HOME DEPOT 2801 $2.07 JAMES SCHINDELDECKER 03/07107 03/08/07 MENARDS 3022 $29.76 JAMES SCHINDELDECKER 03/12/07 03/13/07 OFFICE DEPOT #1090 $84.94 DEB SCHMIDT Visa Transactions 3/03/07 to 3/16107 Trans Date Posting Date Merchant Name Trans Amount Name 03/02107 03/05/07 WWW.REGONLINE.COM $550.00 MICHAEL SHORTREED 03/05/07 03/07/07 TEE'S PLUS $65.00 MICHAEL SHORTREED 03/06/07 03/07/07 JACK NADEL INTERNATIONAL $1,596.92 MICHAEL SHORTREED 03/06/07 03/08/07 UNIFORMS UNLIMITED INC $14.80 MICHAEL SHORTREED 03/07107 03/08/07 RAY ALLEN MFG CO INC $42.45 MICHAEL SHORTREED 03/08/07 03/09/07 RAY ALLEN MFG CO INC $84.85 MICHAEL SHORTREED 03/09/07 03/12/07 UNIFORMS UNLIMITED INC $119.23 MICHAEL SHORTREED 03/13/07 03/14/07 REGAL AUTO WASH XX -M $42.59 MICHAEL SHORTREED 03/15107 03/16/07 RAY ALLEN MFG CO INC $46.45 MICHAEL SHORTREED 03/02/07 03/05/07 OFFICE DEPOT #1090 $35.83 ANDREA SINDT 03/05/07 03/07/07 OFFICE DEPOT #1090 $7.28 ANDREA SINDT 03/06/07 03/07/07 SPRINT *WIRELESS SVCS $421.66 ANDREA SINDT 03/08107 03/09/07 PAYPAL *GOVTTRNGSVC $55.00 ANDREA SINDT 03/15/07 03/16/07 U OF M CCE $180.00 CHRISTINE SOUTTER 03/12/07 03/13/07 TARGET 00006940 $85.19 PAULINE STAPLES 03/05/07 03/06/07 ACME TYPEWRITER INC $41.75 JOANNE M SVENDSEN 03/06107 03/07/07 USI ED GOV $94.54 JOANNE M SVENDSEN 03/09/07 03/12/07 LOFFLER BUSINESS SYSTE $338.67 JOANNE M SVENDSEN 03/12/07 03/13/07 ACME TYPEWRITER INC $45.75 JOANNE M SVENDSEN 03/02/07 03/05/07 FSH COMMUNICATION01 OF 01 $58.58 JUDY TETZLAFF 03/07107 03/08/07 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF 03/07/07 03/08/07 QWESTCOMM *TN612 $140.58 JUDY TETZLAFF 03/07/07 03/08/07 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 03/07/07 03/08/07 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF 03/07107 03/08/07 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 03/07/07 03/08/07 QWESTCOMM *TN612 $263.80 JUDY TETZLAFF 03/07/07 03/08/07 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 03/07/07 03/08/07 QWESTCOMM *TN612 $371.73 JUDY TETZLAFF 03/07107 03/08/07 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 03/07/07 03/08/07 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF 03/01/07 03/05/07 OFFICE DEPOT #1090 $156.51 SUSAN ZWIEG 03/01/07 03/05/07 OFFICE DEPOT #1090 $77.28 SUSAN ZWIEG 03/08107 03/12/07 SHRED -IT $50.95 SUSAN ZWIEG 03/09/07 03/12/07 OFFICE DEPOT #1090 $53.78 SUSAN ZWIEG 03/15/07 03/16/07 AE SIGN SYSTEMS $119.28 SUSAN ZWIEG Check Register City of Maplewood i 1 ii Check Date Vendor Description Amount 72373 0410312007 03365 NICK FRANZEN REIMS- MILEAGE,INT,CELL,TRAIN 2128- 163.38 72374 04/0312007 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 06 -16 PROF SRVS THRU 2128 94,112.10 0410312007 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 06 -17 PROF SRVS THRU 2128 55,007.39 04/0312007 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 04 -21 PROF SRVS THRU 2/28 4,119.44 72375 04/0312007 01018 MINNEAPOLIS FINANCE DEPT AUTO PAWN SYSTEM FEE - FEB 324.00 72376 04/0312007 01504 CITY OF ST PAUL PROJ 05 -17 RELOCATE FIRE HYDRANT 4,122.09 72377 04/0312007 01190 XCEL ENERGY GAS UTILTIY 9,068.21 72378 04/0312007 03824 ASSURANT EMPLOYEE BENEFITS MONTHLY PREMIUM -APRIL 9,443.72 72379 04/03/2007 01936 CHAD BERGO REIMS FOR PCS & INT MAR - APR 112.95 72380 04/0312007 03513 BRIAN BIERDEMAN K -9 MAINTENANCE -APRIL 35.00 72381 0410312007 03385 BP PIPELINES (NO AMERICA) INC PROJ 02 -07 BP PIPELINE RELOCATION 52,744.51 72382 04/0312007 02149 HEIDI CAREY REIMS - MILEAGE 8/15 -9/11 PARKING 29.78 72383 04/0312007 02929 CNAGLAC MONTHLY PREMIUM -APRIL 705.10 72384 04/0312007 03849 COMMUNITY SOLUTIONS FUND 1ST QTR REMITTANCE 30.00 72385 0410312007 02921 MICHAEL J DUGAS REIMB FOR TUITION & BOOKS 721.31 72386 04/0312007 03516 ANTHONY GABRIEL K -9 MAINTENANCE -APRIL 35.00 72387 04/03/2007 00589 DAVE GRAF KARATE INSTRUCTOR 3/6 - 3127 74.75 72388 04/0312007 02945 HEALTHEAST VEHICLE SERVICES VEHICLE CONVERSION 7,666.15 72389 0410312007 00668 STEVEN HIEBERT K -9 MAINTENANCE - APRIL 35.00 72390 04/0312007 01919 GARY HINNENKAMP REIMB FOR SHOES 3126 104.99 72391 04/0312007 00789 KATH FUEL OIL SERVICE CO AUTO PARTS 169.00 04/0312007 00789 KATH FUEL OIL SERVICE CO AUTO PARTS 113.89 04/0312007 00789 KATH FUEL OIL SERVICE CO AUTO PARTS 14.38 72392 04/0312007 03818 MEDICA MONTHLY PREMIUM -APRIL 129,087.00 72393 04/03/2007 00985 METROPOLITAN COUNCIL WASTEWATER - APRIL 201,847.06 72394 04/0312007 01085 MN LIFE INSURANCE MONTHLY PREMIUM -APRIL 3,585.45 72395 0410312007 01126 MN NCPERS LIFE INSURANCE PERA LIFE INS - APRIL 340.00 72396 04/0312007 01181 NORTHEAST SUBURBAN TRANSIT 2007 CONTRIBUTION TO NEST 31,219.00 72397 04/0312007 00001 ONE TIME VENDOR REFUND GREAT W EST HEALTHCARE 793.20 72398 04/0312007 00001 ONE TIME VENDOR REFUND A BURKE - AMB06005378 81.00 72399 0410312007 00001 ONE TIME VENDOR REFUND J LYNCH - AMB05023166A 66.00 72400 04/0312007 00001 ONE TIME VENDOR REFUND T ADOLFSON - MEMBERSHIP 59.64 72401 04/03/2007 00001 ONE TIME VENDOR REFUND C BIDDLE - OVERPMT AMB 52.80 72402 04/0312007 00396 DEPT OF PUBLIC SAFETY INVESTIGATIVE TRAINING 700.00 72403 0410312007 00396 DEPT OF PUBLIC SAFETY REGISTRATION FEE 225.00 72404 04/0312007 03427 NANCY RICHTER REIMB FOR CD CLEANER 16.50 72405 04/0312007 01387 DR. JAMES ROSSINI FITNESS PROGRAM ADMIN FEE - 100.00 72406 04/0312007 01418 SAM'S CLUB DIRECT MDSE FOR RESALE 426.11 04/0312007 01418 SAM'S CLUB DIRECT MDSE FOR RESALE /BIRTHDAY PROD 236.62 04/0312007 01418 SAM'S CLUB DIRECT GYM SUPPLIES 178.37 04/03/2007 01418 SAM'S CLUB DIRECT BIRTHDAY PROGRAM SUPPLIES 176.67 04/0312007 01418 SAM'S CLUB DIRECT MDSE FOR RESALE /BIRTHDAY PROG 144.80 0410312007 01418 SAM'S CLUB DIRECT VACUUM STATION 3 117.00 04/0312007 01418 SAM'S CLUB DIRECT BIRTHDAY PROGRAM SUPPLIES 42.77 04/0312007 01418 SAM'S CLUB DIRECT PROGRAM SUPPLIES 33.93 72407 04/0312007 03073 SANDERS WACKER BERGLY INC LANDSCAPE ARCH SRVS JUNE 2006 492.50 72408 0410312007 03848 SCHOELL & MADSON, INC. PROFESSIONAL SERVICES TO 3118 1,357.50 72409 04/0312007 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 1,014.35 04/03/2007 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 90.49 04/0312007 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 14.77 72410 0410312007 01634 TOUSLEY FORD, INC. AUTO PARTS 249.19 72411 04/0312007 02069 ULTIMATE DRAIN SERVICES INC PROJ 06 -16 TELEVISING 845.00 04/0312007 02069 ULTIMATE DRAIN SERVICES INC PROJ 06 -16 TELEVISING 560.00 72411 04/0312007 02069 ULTIMATE DRAIN SERVICES INC PROJ 06 -16 TELEVISING 450.00 04/0312007 02069 ULTIMATE DRAIN SERVICES INC PROJ 06 -16 TELEVISING 425.00 04/0312007 02069 ULTIMATE DRAIN SERVICES INC PROJ 06 -16 TELEVISING 400.00 04/03/2007 02069 ULTIMATE DRAIN SERVICES INC PROJ 06 -16 TELEVISING 400.00 IN i 1 ii Check Date MOZ1VA 72413 rf►L1icl 0410312007 04/0312007 0410312007 04/0312007 04/0312007 04/0312007 0410312007 0410312007 0410312007 0410312007 0410312007 04/0312007 04/0312007 04/0312007 0410312007 0410312007 0410312007 0410312007 0410312007 04/0312007 04/0312007 04/0312007 0410312007 0410312007 0410312007 0410312007 Vendor 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 02069 ULTIMATE DRAIN SERVICES INC 00529 UNION SECURITY INSURANCE CO 00529 UNION SECURITY INSURANCE CO 03334 UNIQUE PAVING MATERIALS CORP 03334 UNIQUE PAVING MATERIALS CORP 01698 UNITED WAY OF THE ST. PAUL 42 Checks in this report. Check Register City of Maplewood Description PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING PROJ 06 -16 TELEVISING LTD PLAN 4043120 -2 APRIL STD PLAN 4043120 -1 APRIL WINTER PATCH MATERIAL WINTER PATCH MATERIAL 1ST QTR PMT um .i 1! 35 0. fl 35 If 35 0, ff 34 !! 3 00. 11 2 If i 1! 11 If i 1! 1 If fi .i 1! .1 fl .i If .i ff i !! ! 11 � Its CITY OF MApLBNDDD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 03/22/07 03/22/O7 U3/22/07 03/23/O7 O3/23/O7 03/23/O7 03/23/O7 03/2G/07 O3/23/07 U3/23/07 03/23/O7 O3/23/O7 O3/2S/O7 03/27/O7 03/28/O7 03/28/07 O3/23/07 U3CZ3X}7 U3/23/O7 U3/26/07 U3/20/07 03/26/O7 03/2G/O7 O3/27/07 O3/27/07 U3/27/O7 U3/27/O7 U3/27/07 O3/27/07 03/28/O7 03/28/O7 O3/2S/O7 MN State Treasurer Orchard Trust MN Dept of Natural Resources MN State Treasurer U.S.Tnaaourer P.E.R.& |CMA(Vantagepointe) MN State Treasurer MN State Treasurer VV| Dept ofRevenue MidAm*rica - |NG Labor Unions Pitney Bowes MN State Treasurer MN State Treasurer ARC Administration I I [Q I F- Description Drivers License/Deputy Registrar Deferred Compensation DNR electronic licenses Drivers License/Deputy Registrar Federal Payroll Tax P. E.R.A. Deferred Compensation Drivers License/Deputy Registrar State Payroll Tax State Payroll Tax HRA Flex plan Union Dues Postage Drivers License/Deputy Registrar Drivers License/Deputy Registrar DCRP& Flex plan payments Amount lakIMA �� CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 03/23/07 CAVE, REBECCA 397.80 03/23/07 HJELLE, ERIK 397.80 03/23 /07 JUENEMANN, KATHLEEN 397.80 03/23/07 ROSSBACH, WILLIAM 397.80 03/23/07 COPELAND, EUGENE 3,090.00 03/23/07 RYDEL, HARRIET 1,608.35 03/23/07 FARR, LARRY 1,970.21 03/23/07 SWANSON, LYLE 1,761.17 03/23/07 ARNOLD, AJLA 819.00 03/23 /07 RAMEAUX, THERESE 2.670.96 03/23/07 SCHMIDT, DEBORAH 1,695.75 03/23/07 ANDERSON, CAROLS 2,782.29 03/23/07 DEBILZAN, JUDY 900.00 03/23/07 JACKSON, MARY 2,149.20 03/23/07 KELSEY, CONNIE 2,143.56 03/23/07 TETZLAFF, JUDY 2,213.00 03/23/07 FRY, PATRICIA 1,791.67 03/23/07 GUILFOILE, KAREN 3,366.86 03/23/07 MORSON, JOHN 276.00 03/23/07 SPANGLER, EDNA 1,269.69 03/23/07 JAGOE, CAROL 1,728.46 03/23/07 KELLY, LISA 1,094.60 03/23/07 MECHELKE, SHERRIE 1,119.42 03/23/07 MOY, PAMELA 974.46 03/23/07 OSTER, ANDREA 1,879.45 03/23/07 WEAVER, KRISTINE 1,893.35 03/23/07 CORCORAN, THERESA 1,726.15 03/23/07 POWELL, PHILIP 2,466.23 03/23/07 RICHIE, CAROLE 1,733.08 03/23/07 THOMALLA, DAVID 4,429.00 03/23/07 ABEL, CLINT 2,532.55 03/23/07 ALDRIDGE, MARK 2,514.46 03/23/07 ANDREWS, SCOTT 3,439.73 03/23/07 BAKKE, LONN 3,149.22 03/23/07 BARTZ, PAUL 2,715.82 03/23/07 BELDE, STANLEY 2,934.80 03/23/07 BIERDEMAN, BRIAN 2,687.05 03/23/07 BOHL, JOHN 2,944.63 03/23/07 BUSACK, DANIEL 2,422.18 03/23/07 COFFEY, KEVIN 2,609.80 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 03123/07 GROTTY, KERRY 2,830,77 03123/07 DOBLAR, RICHARD 3,022,57 03123/07 GABRIEL, ANTHONY 2,583,67 03123/07 HEINZ, STEPHEN 2,560,59 03123/07 HIEBERT, STEVEN 2,783,32 03123/07 JOHNSON, KEVIN 3,561,56 03123/07 KALKA, THOMAS 706,28 03123/07 KARIS, FLINT 3,428,63 03123/07 KONG, TOMMY 2,400,11 03123/07 KROLL, BRETT 2,554,62 03123/07 KVAM, DAVID 3,523,42 03123/07 LANGNER, TODD 2,094,40 03123/07 LARSON, DANIEL 2,488,40 03123/07 LU, JOHNNIE 2,510,47 03123/07 MARINO, JASON 2,400,11 03123/07 MARTIN, DANIEL 686,60 03123/07 MARTIN, JERROLD 2,514,38 03123/07 MCCARTY, GLEN 2,576,69 03123/07 METRY, ALESIA 2,797,42 03123/07 NYE, MICHAEL 2,247,63 03123/07 OLSON, JULIE 2,400,11 03123/07 RABBETT, KEVIN 3,587,70 03123/07 RHUDE, MATTHEW 1,943,02 03123/07 STEFFEN, SCOTT 3,713,35 03123/07 STEINER, JOSEPH 2,105,83 03123/07 SYPNIEWSKI, WILLIAM 2,103,01 03123/07 SZCZEPANSKI, THOMAS 2,560,59 03123/07 IRAN, JOSEPH 2,514,38 03123/07 WENZEL, JAY 2,422,18 03123/07 XIONG, KAO 2,400,11 03123/07 BERGERON, JOSEPH 3,547,54 03123/07 DUGAS, MICHAEL 2,630,07 03123/07 ERICKSON, VIRGINIA 2,605,80 03123/07 FLOR, TIMOTHY 3,271,52 03123/07 FRASER, JOHN 2,983,25 03123/07 LANGNER, SCOTT 2,445,82 03123/07 PALMA, STEVEN 4,386,89 03123/07 THEISEN, PAUL 2,558,32 03123/07 THIENES, PAUL 2,834,06 03123/07 BARTA, JEREMY 1,869,77 1111 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 03123/07 DAWSON, RICHARD 3,767.68 03123/07 DUELLMAN, KIRK 2,179.11 03123/07 EVERSON, PAUL 2,535.47 03123/07 HALWEG, JODI 2,031.08 03123/07 JOHNSON, DOUGLAS 2,324.30 03123/07 NOVAK, JEROME 2,330.72 03123/07 PARSONS, KURT 2,127.64 03123/07 PETERSON, ROBERT 2,512.33 03123/07 PRECHTEL, ROBERT 2,695.34 03123/07 SVENDSEN, RONALD 2,546.05 03123/07 GERVAIS -JR, CLARENCE 2,868.34 03123/07 BAUER, MICHELLE 2,547.59 03123/07 BURAU, JAMES 1,603.75 03123/07 FLAUGHER, JAYME 1,934.15 03123/07 HERMANSON, CHAD 2,277.00 03123/07 HUBIN, KENNARD 1,802.47 03123/07 KNAPP, BRETT 1,669.35 03123/07 LINK, BRYAN 2,191.02 03123/07 PACOLT, MARSHA 2,529.68 03123/07 RABINE, JANET 1,917.35 03123/07 STAHNKE, JULIE 1,929.35 03123/07 LUKIN, STEVEN 4,016.18 03123/07 ZWIEG, SUSAN 1,883.22 03123/07 DOLLERSCHELL, ROBERT 293.39 03123/07 AHL, R. CHARLES 4,500.69 03123/07 KNUTSON, LOIS 1,616.58 03123/07 KONEWKO, DUWAYNE 3,059.51 03123/07 NIVEN, AMY 1,294.62 03123/07 PRIEFER, WILLIAM 2,601.27 03123/07 BRINK, TROY 2,352.88 03123/07 DEBILZAN, THOMAS 2,251.33 03123/07 EDGE, DOUGLAS 2,267.33 03123/07 FREBERG, RONALD 1,988.28 03123/07 JONES, DONALD 2,246.50 03123/07 MEYER, GERALD 2,320.99 03123/07 NAGEL, BRYAN 2,486.01 03123/07 OSWALD, ERICK 2,354.00 03123/07 RUNNING, ROBERT 2,145.93 03123/07 TEVLIN, TODD 1,883.75 03123/07 DUCHARME, JOHN 2,486.07 ip CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 03123/07 ENGSTROM, ANDREW 1,953,35 03123/07 ISAKSON, CHAD 523,34 03123/07 JACOBSON, SCOTT 1,953,35 03123/07 JAROSCH, JONATHAN 2,191,75 03123/07 KUMMER, STEVEN 2,524,56 03123/07 LABEREE, ERIN 2,882,35 03123/07 LINDBLOM, RANDAL 2,486,06 03123/07 MEINHOLZ, WILLIAM 98,56 03123/07 SCHREMPP, ANTHONY 388,48 03123/07 THOMPSON, MICHAEL 2,299,76 03123/07 HALL, KATHLEEN 1,873,11 03123/07 MARUSKA, MARK 2,837,03 03123/07 NAUGHTON, JOHN 1,875,75 03123/07 SCHINDELDECKER, JAMES 1,950,86 03123/07 BIESANZ, OAKLEY 1,666,88 03123/07 DEAVER, CHARLES 551,25 03123/07 GERNES, CAROLE 334,57 03123/07 HAYMAN, JANET 1,277,82 03123/07 HUTCHINSON, ANN 2,400,32 03123/07 GAYNOR, VIRGINIA 2,121,35 03123/07 EKSTRAND, THOMAS 3,341,33 03123/07 KROLL, LISA 1,278,00 03123/07 LIVINGSTON, JOYCE 1,038,46 03123/07 SINDT, ANDREA 1,796,55 03123/07 THOMPSON, DEBRA 690,46 03123/07 YOUNG, TAMELA 1,669,55 03123/07 FINWALL, SHANN 2,458,95 03123/07 ROBERTS, KENNETH 2,747,14 03123/07 BRASH, JASON 1,589,35 03123/07 CARVER, NICHOLAS 2,939,21 03123/07 FISHER, DAVID 3,823,36 03123/07 RICE, MICHAEL 2,172,55 03123/07 SWAN, DAVID 2,278,95 03123/07 WELLENS, MOLLY 1,471,29 03123/07 WORK, ALICIA 395,00 03123/07 WORK, BRANDON 299,82 03123/07 FRANK, PETER 100,00 03123/07 MCBRIDE, PATRICK 100,00 03123/07 OHLHAUSER, MEGHAN 213,50 03123/07 ROBBINS, AUDRA 2,356,64 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 03123/07 SHERRILL, CAITLIN 243,50 03123/07 TAUBMAN, DOUGLAS 2,854,34 03123/07 UNDERHILL, KRISTEN 138,00 03123/07 GERMAIN, DAVID 2,029,13 03123/07 NORDQUIST, RICHARD 2,092,93 03123/07 SCHULTZ, SCOTT 2,162,73 03123/07 ANZALDI, MANDY 888,72 03123/07 CAREY, HEIDI 2,243,79 03123/07 COLLINS, ASHLEY 49,50 03123/07 CRAWFORD - JR, RAYMOND 412,00 03123/07 EVANS, CHRISTINE 877,02 03123/07 GRAF, MICHAEL 2,157,23 03123/07 HER, CHONG 482,00 03123/07 HOFMEISTER, MARY 792,89 03123/07 PELOQUIN, PENNYE 636,48 03123/07 SCHULZE, BRIAN 736,34 03123/07 STAPLES, PAULINE 3,028,20 03123/07 TOLBERT, FRANCINE 210,00 03123/07 ZIELINSKI, JUDY 29,60 03123/07 BRENEMAN, NEIL 291,01 03123/07 BRUSOE, CRISTINA 287,81 03123/07 BUCKLEY, BRITTANY 192,18 03123/07 DUNK, RYAN 543,04 03123/07 EVANS, KRISTIN 87,80 03123/07 FONTAINE, KIM 888,94 03123/07 GERVAIS, DAVID 80,00 03123/07 GREDVIG, ANDERS 325,08 03123/07 HASSENSTAB, DENISE 44,70 03123/07 HORWATH, RONALD 2,336,05 03123/07 IRISH, GRACE 16,00 03123/07 IRISH, PETER 40,63 03123/07 KOEHNEN, AMY 130,25 03123/07 KOEHNEN, MARY 1,654,04 03123/07 KROLL, MARK 386,75 03123/07 KRONHOLM, KATHRYN 494,71 03123/07 PROESCH, ANDY 332,50 03123/07 RYAN, ERICA 91,00 03123/07 SMITH, ANN 177,30 03123/07 TRUE, CAROLINE 41,25 03123/07 TUPY, HEIDE 127,20 I CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 03123/07 TUPY, MARCUS 270,11 03123/07 WOLFGRAM, MARY 42,81 03123/07 GROPPOLI, LINDA 322,50 03123/07 HER, SHILLAME 58,43 03123/07 HOLMGREN, STEPHANIE 112,00 03123/07 PARAYNO, GUAI 235,40 03123/07 STEVENS, PATTI 37,25 03123/07 BEHAN, JAMES 1,820,69 03123/07 PATTERSON, ALBERT 1,182,52 03123/07 PRINS, KELLY 1,108,62 03123/07 REILLY, MICHAEL 1,756,55 03123/07 SCHOENECKER, LEIGH 134,90 03123/07 VANG, HUE 111,20 03123/07 VANG, TIM 330,70 03123/07 AICHELE, CRAIG 2,006,00 03123/07 PRIEM, STEVEN 2,392,90 03123/07 WOEHRLE, MATTHEW 1,729,35 03123/07 BERGO, CHAD 2,355,82 03123/07 FOWLDS, MYCHAL 2,561,82 03123/07 FRANZEN, NICHOLAS 1,780,66 1001581 03123/07 LONGRIE, DIANA 452,00 1001582 03123/07 JAHN, DAVID 1,686,86 1001583 03123/07 MORIN, TROY 148,75 1001584 03123/07 CORTESI, LUANNE 916,53 1001585 03123/07 LARSON, MICHELLE 924,75 1001586 03123/07 PALANK, MARY 1,728,46 1001587 03123/07 SVENDSEN, JOANNE 1,909,79 1001588 03123/07 SHORTREED, MICHAEL 3,268,81 1001589 03123/07 WELCHLIN, CABOT 3,004,33 1001590 03123/07 BAUMAN, ANDREW 800,00 1001591 03123/07 STELLA, JAMES 768,00 1001592 03123/07 BUCKLEY, BRENT 1,948,04 1001593 03123/07 EDSON, DAVID 1,990,44 1001594 03123/07 HELEY, ROLAND 442,43 1001595 03123/07 HINNENKAMP, GARY 2,069,06 1001596 03123/07 LINDORPF, DENNIS 1,953,17 1001597 03123/07 NOVAK, MICHAEL 1,948,55 1001598 03123/07 SOUTTER, CHRISTINE 68,75 1001599 03123/07 ABRAHAMSON, TYLER 112,00 1001600 03123/07 BERGER, STEPHANIE 310,63 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 1001601 03123/07 BONKO, NICHOLAS 40,00 1001602 03123/07 BURNS, BETH 21,00 1001603 03123/07 CHEZIK, CARLEY 40,50 1001604 03123/07 CORBETT, CAITLIN 111,00 1001605 03123/07 DAHL, SAMUEL 33,00 1001606 03123/07 DOTAS, ANDREW 13,00 1001607 03123/07 DOTAS, KENT 30,00 1001608 03123/07 DOTAS, ROCHELLE 20,00 1001609 03123/07 GAVIN, BENJAMIN 64,50 1001610 03123/07 GREENER, DOUGLAS 48,00 1001611 03123/07 HANNIGAN, BRADY 48,00 1001612 03123/07 HANNIGAN, TYLER 43,00 1001613 03123/07 HOLDER, MOLLY 69,00 1001614 03123/07 JOHNSON, ALEXANDER 48,00 1001615 03123/07 JUETTNER, MICHAEL 27,00 1001616 03123/07 KOHLMAN, JENNIFER 96,25 1001617 03123/07 LINDA, KELLIE 564,38 1001618 03123/07 MALLET, AMANDA 60,00 1001619 03123/07 NELSON, KIRSTEN 50,00 1001620 03123/07 NICHOLS, SAMUEL 31,50 1001621 03123/07 ROBBINS, EMERALD 581,88 1001622 03123/07 SCHALLER, SCOTT 362,50 1001623 03123/07 TARR, JULIE 72,00 1001624 03123/07 TARR -JR, GUS 120,00 1001625 03123/07 THEISS, TIANA 28,00 1001626 03123/07 YORKOVICH, BENJAMIN 156,00 1001627 03123/07 HAAG, MARK 2,639,50 1001628 03123/07 NADEAU, EDWARD 3,061,98 1001629 03123/07 ANDERSON, ANTHONY 200,20 1001630 03123/07 GLASS, JEAN 1,924,86 1001631 03123/07 HANSEN, LORI 3,219,74 1001632 03123/07 NAGEL, BROOKE 428,00 1001633 03123/07 SIMPSON, JOSEPH 266,40 1001634 03123/07 ANDERSON, JOSHUA 214,78 1001635 03123/07 ANDERSON, JUSTIN 260,93 1001636 03123/07 BRENEMAN, SEAN 138,70 1001637 03123/07 BRUSOE, AMY 39,00 1001638 03123/07 BUCHMAYER, NICOLLET 151,50 1001639 03123/07 CHASTAN, ADAM 40,63 1001640 03123/07 CLARK, PAMELA 232,05 ius CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 1001641 03123/07 COSTA, JOSEPH 52,80 1001642 03123/07 DEMPSEY, BETH 147,00 1001643 03123/07 FENGER, JUSTIN 197,63 1001644 03123/07 GIEL, NICOLE 28,00 1001645 03123/07 GRUENHAGEN, LINDA 770,83 1001646 03123/07 HOLMBERG, LADONNA 51,00 1001647 03123/07 JOHNSON, JAMES 66,03 1001648 03123/07 KOVACS, BREANNA 68,25 1001649 03123/07 NWANOKWALE, MORDY 99,56 1001650 03123/07 RICHTER, DANIEL 68,00 1001651 03123/07 RICHTER, NANCY 142,00 1001652 03123/07 ROSTRON, ROBERT 234,50 1001653 03123/07 SAUCERMAN, MICHAEL 216,57 1001654 03123/07 SCHMIDT, EMILY 156,65 1001655 03123/07 SCHMIDT, JOHN 112,13 1001656 03123/07 SCHRAMM, BRITTANY 102,90 1001657 03123/07 SCHREINER, MICHELLE 305,00 1001658 03123/07 SCHUNEMAN, GREGORY 86,13 1001659 03123/07 SMITLEY, SHARON 326,95 1001660 03123/07 STAHNKE, AMY 232,85 1001661 03123/07 WARNER, CAROLYN 301,80 1001662 03123/07 WEDES, CARYL 49,00 1001663 03123/07 WERNER, REBECCA 160,66 1001664 03123/07 WHITE, NICOLE 508,55 1001665 03123/07 WILLIAMS, KRISTINE 84,60 1001666 03123/07 WOODMAN, ALICE 138,00 1001667 03123/07 ZALK, IDA 27,40 1001668 03123/07 BOSLEY, CAROL 324,88 1001669 03123/07 LEWIS, AMY 197,50 1001670 03123/07 OIE, REBECCA 92,93 1001671 03123/07 SATTLER, MELINDA 158,70 1001672 03123/07 STODGHILL, AMANDA 12,69 1001673 03123/07 ZAGER, LINNEA 138,05 1001674 03123/07 BIRKHOLZ, TYLER 139,00 1001675 03123/07 DOUGLASS, TOM 1,392,56 1001676 03123/07 GADOW, ANNA 91,10 1001677 03123/07 HER, CHEE 76,20 1001678 03123/07 HER, PETER 114,30 1001679 03123/07 O'GRADY, VICTORIA 128,60 1001680 03123/07 SCHULZE, KEVIN 272,65 NE CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME 1001681 03123/07 YANG, KAY 1001682 03123/07 VUE, LOR PAO AMOUNT 285.78 175.10 444,933.05 21 Sam= I ky, 11: a Ly, [01 ZT-11 Z 10111 ky, TO: Greg Copeland, City Manager FROM: Karen Guilfoile, Citizen Services Manager DATE: April 3, 2007 SUBJECT: Church of the Presentation of the Blessed Virgin Mary Gambling Permit Resolution Introduction An application has been submitted for temporary gambling on behalf of the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street. This is for their Spring Festival. The event will be held on May 5, 2007 from 9:00 a.m. to 11:00 p.m. and on May 6, 2007 from 11:00 a.m. to 6:00 p.m. Funds raised will be used for general operation expenditures. BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Consideration Approve the above resolution for temporary gambling. Agenda Item 14 MEMORANDUM TO: Greg Copeland, City Manager Karen Guilfoile, Citizen Services Manager FROM: Doug Taubman, Recreation Program Coordinator DATE: March 27, 2007 SUBJECT: Citizen Services Recreation Agreement for Adult Softball Official Coordinator INTRODUCTION The recreation division coordinates an adult softball program consisting of 140 teams playing in the summer and fall leagues. The Softball Official Coordinator assigns umpires to approximately 850 summer league games and 250 fall league games. The umpires are independent contractors who work for the Softball Official Coordinator. BACKGROUND Since the inception of the Maplewood Parks and Recreation adult softball program we have contracted with an official coordinator. Since 2001 we have contracted with Mike Miller (Independent Sports Network) to provide the City with umpires. The primary advantages of hiring a coordinator of officials are more efficient use of staff time and the coordinator's expertise in securing qualified umpires for our program. RECOMMENDATION Staff recommends that the city council approve the hiring of an adult softball official coordinator as a contract employee to be compensated according to the Official Coordinator's contract. Independent Contractor Agreement for Softball Official Coordinator The City of Maplewood (hereinafter referred to as "City") and the Softball Official Coordinator, independent contractor, (hereinafter referred to as "Coordinator") have entered into this contract whereby Contractor will provide services to the City as Softball Official Coordinator. The Softball Official Coordinator, independent contractor, shall perform the following services: The Coordinator will be responsible for recruiting, assigning and supervising softball officials; 2. The Coordinator will be responsible for the general organization and administration of official scheduling and record keeping; 3. The Coordinator will maintain accurate records and data concerning each official; 4. The City will provide the Coordinator with League rules, schedules, and other documentation needed to properly perform Coordinator's responsibilities; 5. The Coordinator will attend coaches and officials meetings as Coordinator's schedule permits; 6. The Coordinator will also attend protest hearings as a member of the Protest Committee; 7. The Coordinator will provide input as to the overall improvement of the Softball Program; 8. The Coordinator is responsible for assisting the City with supervision of officials on game days; 9. The Coordinator shall ensure that all officials are MR-PA-USSSA certified; The Softball Official Coordinator, independent contractor, will be compensated as follows: I The payment for services shall be forwarded, approximately every two weeks, upon receipt of an invoice from the independent contractor; a) Pay shall be $24.00 per fulfilled game assignment (including forfeits); this payment includes the coordinator's fee and the umpire's fee; b) Games canceled by the umpire at the field due to inclement weather will be paid at the rate of $12.00 for the first scheduled game on each field and $2.00 for each of the remaining games; c) When umpires are notified of canceled games due to inclement weather either before going to the field or before 5:00 PM the charge will be $2.00 per game canceled; d) Games canceled for reasons other than inclement weather, which will be made up at a later date, will result in a charge of $2.00 with the following exceptions: 1) Games canceled that have a scheduled game before and after the canceled game will be charged $24.00; 2) Games canceled that result in the umpire being scheduled for one game, the charge will be $12.00 for the first scheduled canceled game and $2.00' for any subsequent canceled games. The City and Coordinator agree as follows: 1. That the Coordinator is an independent contractor and not an employee of the City; 2. That the Coordinator is responsible for payment of federal, FICA and state income taxes and that the City will not be withholding such taxes; 3. That the Coordinator is not covered under Minnesota Unemployment Compensation Rules and agrees that the Coordinator has no claim for benefits under such when this contract is terminated; 4. That the Coordinator will provide the City with a completed W-9 prior to commencing services; 5. That the City will provide Form 1099 to Coordinator reflecting total remittances paid to the Coordinator for any applicable calendar year. The 1099 will be remitted to the coordinator by January 31 of the year following the year in which remittances are made; 6. The Coordinator will provide its own equipment to perform the duties; 7. The Coordinator will govern its own hours in order to adequately complete this contract; S. The Coordinator shall state to the City whether or not it shall obtain his own worker's compensation insurance and all other insurance necessary for completion of the contract; This Agreement is for the 2007 summer and fall softball seasons. This Agreement shall terminate immediately in the event the Coordinator shall resign or no longer be able to fulfill the requirements of this contract. Either party may terminate this Contract without cause, upon thirty (30) days written notice to the other party. IN WITNESS WHEREOF, the parties have executed the Agreement, this day of 1 2007. MAPLEWOOD THE CITY OF Mayor Citizen Services Manager Nsm� To: City Manager Greg Copeland From: Chief of Police David J. Thornalla Subject: Authorization To Pay Invoice For Squad Car Repair Date: April 4, 2007 Introduction One of the Police Department's squad cars was damaged in an accident, and City Council authorization is required to pay the invoice for the repairs. On March 20, 2007, one of our patrol cars was damaged in an accident. The lowest estimate for repair was $4,077.58, so the car was taken to Don's Paint & Body for the work to be done. The repairs were completed on April 4, 2007; but it was found the damage was more extensive than when the estimate was given, and the final invoice amount was $5,350.45. Because the invoice exceeds $5,000, City Council approval is required before the invoice can be paid. This accident claim has been submitted to the League of Minnesota Cities. Recommendation It is recommended that City Council approval be given to pay the invoice from Don's Paint & Body in the amount of $5,350.45. Action Required Submit to the City Council for review and action. Agenda Item K1 TO: Greg Copeland, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer DuWayne Konewko, Environmental Manager Jon Jarosch, Civil Engineer I SUBJECT: Proposed Right of Way Ordinance — Approval of Final Changes DATE: March 30, 2007 INTRODUCTION On March 26, 2007 City Council discussed and approved the second reading and adopted the proposed Right of Way Ordinance. Staff has incorporated additional changes after discussions with Xcel Energy and the Magellan Pipeline Company. Attached is a copy of the proposed Right of Way Ordinance with the changes represented in italics and underlined. DISCUSSION The following changes were made following discussions with the above mentioned utility companies. Other minor changes were made to ensure the ordinance is concurrent with Minnesota State Statutes. Page 27 - SEC. 32-24. ABANDONED AND UNUSABLE EQUIPMENT AND FACILITIES. (a) Discontinued Operations. A registrant who has determined to discontinue all or a portion of its operations in the City must provide information satisfactory to the City that the registrant's obligations for its facilities in the ROW under this chapter have been lawfully assumed by another registrant. (b) Removal of Abandoned Facilities. Any registrant who has abandoned facilities in any ROW shall remove it from that ROW to the extent such facilities interfere with another ROW repair, excavation, or construction, unless this requirement is waived by the City. It is recommended that council approve the final changes to the Right of Way Ordinance. Attachment: 1. Proposed Right of Way Ordinance City of Maplewood, Ramsey County, Minnesota An ordinance to enact a new Section of the Maplewood Code of Ordinances to administer and regulate the public rights -of -way (Generally hereinafter called ROW) in the public interest, and to provide for the issuance and regulation of ROW permits. THE COUNCIL OF MAPLEWOOD ORDAINS: Article I. In General, Section 32 -4 through Section 32 -27 City of Maplewood, County of Ramsey, Minnesota, "Right -of -Way Ordinance" is herewith adopted into city code. Any and all previously adopted sections or articles which may appear contrary or in conflict with this ordinance are hereby replaced or modified by this code. SEC. 32-4. FINDINGS, PURPOSE AND INTENT. The City of Maplewood holds the ROW within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the ROW. It also recognizes that some persons, by placing their equipment in the ROW and charging the citizens of the City for goods and services delivered thereby, are using this property held for the public good. Although such services are often necessary or convenient for the citizens, such persons receive revenue and /or profit through their use of public property. Although the installation of such service delivery facilities are in most cases necessary and proper use of the ROW, the City must regulate and manage such uses. To provide for the health, safety and well -being of its citizens and to ensure the structural integrity of its streets and the appropriate use of ROW, the City strives to keep its ROW in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the ROW, one of the causes for the early and excessive deterioration of its ROW is frequent excavation or other intrusions into its sub - surface area. This Article imposes reasonable fees and regulations on the placement and maintenance of equipment currently within its ROW or to be placed therein at some future time. It is intended to complement the regulatory roles of state, federal and other agencies. Under this Article, persons disturbing and obstructing the ROW will bear a fair share of the financial responsibility for its integrity. This Article also provides for recovery of the City's costs associated with managing its ROW. SEC. 32 -5. The provisions and requirements of this ordinance shall not apply to inter - governmental entities that have Joint Powers Agreements with the City or other ROW users exempted by the statutes of the state of Minnesota. SEC. 32 -6. DEFINITIONS. The following words, terms and phrases, as used herein, have the following meanings: Abandoned Facility - (1) a facility no longer in service and physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service; or (2) a facility that is deemed abandoned by the ROW user. Applicant — Any person or entity requesting permission to excavate or obstruct a ROW. City - means the corporate municipality, its elected officials, its manager and /or appointed employees to include the Director of Public Works or his /her designee, City of Maplewood, Minnesota. City Management Costs - the actual costs incurred by the City for public ROW management; including, but not limited to, costs associated with registering applicants seeking permission to excavate or obstruct a ROW; issuing, processing and verifying ROW permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting or moving user equipment during public ROW work; determining the adequacy of ROW restoration; restoring work inadequately performed after providing notice and opportunity to correct the work; mapping of "as built" locations of facilities located in ROW; and revoking ROW permits and performing all other functions required by this Article, including other costs the City may incur in managing the provisions of this Article. Degradation — means a decrease in the useful life of the ROW caused by excavation in or disturbance of the ROW, resulting in the need to reconstruct such ROW earlier than would be required if the excavation or disturbance did not occur. This condition is only applicable in ROW's that are not included in the current 5 -year street replacement plan scheduled for full removal and reconstruction. 2 Degradation Cost — subject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration, as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown on Maplewood plates 1 to 13, and set forth in Minnesota Rules parts 7819.9900 to INAGI Degradation Fee — Means the estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the ROW caused by the excavation, and which equals the degradation cost. This fee does not include the cost of patching, which is the sole responsibility of the ROW user. Delay Penalty - In accordance with Minnesota Rule 7899.9©00 subd. 3, the director shat) impose a delay Penalty for unreasonable delays in ROW excavation, obstruction, patching, or restoration by Permittee. The delay Penalty shall be proposed by the director and established from time to time by city council resolution. Director - the City's Director of Public Works or his /her designee. Emergency - a condition that (1) poses a clear and immediate danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement in order to restore service to a customer. Emergency Hole - excavation of a hole necessitated by a condition creating a clear and immediate threat to life, health, safety or property or requiring immediate repair or replacement in order to restore service to a customer. Engineer — the City's Director of Public Works or his /her designee. Equipment - any tangible asset used to install, repair or maintain facilities in any ROW. Excavate - to dig into or in any way remove or physically disturb or penetrate any part of a ROW. Excavation Permit - a permit which must be obtained before a person may excavate in a ROW. An excavation permit allows the holder to excavate only in that part of the ROW described in the permit. Facility or Facilities - any tangible asset in the ROW required to provide utility service. The term does not include facilities to the extent the location and relocation of such facilities are Preempted by Minnesota Statute 969.45, governing utility facility placement in state trunk highways. Franchise — any person or entity with tangible assets or equipment in the ROW for the purpose of providing utility service to the general public having been previously approved by the city by written agreement, contract or by franchise ordinance. Hole - an excavation having a length on the long side that is less than 2 times the dimension of the width of the excavation and that conforms to O.S.H.A. standards. Obstruct - to place any tangible object in a public ROW so as to hinder free and open passage over that or any part of the ROW for an aggregate period of five (5) hours or more in conjunction with the issuance of a ROW permit. Obstruction Permit - a permit which must be obtained before a person may obstruct a ROW, allowing the holder to hinder free and open passage over the specified portion of that ROW by placing equipment described therein on the ROW for the duration specified in the permit. Patch or Patching - a method of pavement replacement that is considered temporary in nature. A patch consists of (1) the compaction of the sub base and aggregate base, and (2) the replacement in kind, to match the existing pavement per Maplewood Plates 1 -13. A patch shall be considered "full restoration" only if the pavement is included in the City's five year project plan. Pavement Repair Plates — Drawings and details for the reconstruction and repair of Maplewood ROW pavements (all types) that are herewith copied and adopted from the original thirteen (13) plates as suggested and provided by the Minnesota Public Utilities Commission and any supplemental additions as provided by the City of Maplewood. Permit Holder - any person to whom a permit to excavate, obstruct, or place equipment or facilities in a ROW has been granted by the City under this Article. Person — a private individual or authorized representative or agent of an entity subject to all laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. Registrant - any person or entity that digs, excavates, intrudes or has or seeks to have its facilities or equipment located in any ROW for temporary or permanent placement. 4 Restoration or "Full Restoration" - the process by which the ROW and surrounding area, including pavement, foundation, and turf areas is returned to the same or better condition and life expectancy that existed immediately before excavation. Restoration Cost - the amount of money paid to the City by a permit holder to have the city or its designated contractor perform the work to achieve the required level of restoration according to Maplewood plates 1 to 13, which are attached hereto and incorporated herein. ROW — (Right -of -Way) - the area on, below, or above a public roadway, highway, street, cart way, bicycle lane, and public sidewalk in which the City has an interest, including other dedicated ROW for travel purposes and /or utility easements of the City. ROW Engineer — that person or persons appointed, directed and empowered by the Director of Public Works to administrate the management of the Office of the Right -of -Way Engineer and those necessary responsibilities empowered by the City ROW Ordinance. ROW Permit - either an excavation permit or obstruction permit, or both, depending on the context required by this Article. ROW User - (1) a telecommunications ROW user as defined by Minnesota Statutes, Section 237.162, subdivision 4; or (2) a person owning or controlling a facility in the public ROW that is used or is intended to be used for providing utility service and who has a right under the law, franchise, or ordinance to use the public ROW. Trench - an excavation having a length that is in excess of two (2) times the width of the excavation for the sections of roadway where the work is occurring, including a directional bore. Utility or Utility Service — means services provided by: (1) a public utility as defined in Minnesota Statutes, section 296B.02 (2) services of a telecommunications ROW user, including the transaorting of voice or data information; (3) services provided by a cable communications system as defined in Minnesota Statutes, Chapter 238; natural gas or electric energy or telecommunications services provided by a local government unit; (5) services provided by a cooperative electric association organized under Minnesota Statutes, chapter 308A; and (6) water, sewer, steam, cooling, heating services, community television antenna system, fire and alarm communications, storm sewer, light, or power services including wind generation_ Wireless Telecommunication Facility - a tangible asset used to provide wireless telecommunication or data services, including all antennas, support devices, equipment including ground equipment, associated cables, and attachments. SEC. 32 -7. REGISTRATION. (a) Registration Required Prior to Work. No one shall construct, install, repair, remove, relocate or perform any work within any ROW without first being registered pursuant to this Section. Such registration shall be made on an application form provided by the City's Department of Public Works and shall be accompanied by the registration fee set forth in this Code. Registration and the accompanying fee shall be required each calendar year. A franchised service or utility service operating under this section shall be registered pursuant to this Section but need not annually provide registration information as required by subsection (c) of this Section if such information has been submitted pursuant to a franchise agreement or ordinance. Further, a franchised service or utility service operating pursuant to a franchise agreement or ordinance shall be exempt from payment of an annual registration fee providing said franchise fee has been paid per written agreement or ordinance. Exceptions to the registration requirements, as described in section 32 -7, shall be determined at the discretion of the ROW Engineer. (b) Exceptions. The following are not subject to the requirements of this Section: (1) Person or Persons planting or maintaining pre - approved boulevard surface plantings or gardens. (2) Person or Persons installing mail boxes or private sidewalk from street or curb to dwelling or commercial structure. (3) Person or Persons engaged in commercial or private snow removal activities. (4) Person or Persons installing street furnishings. (5) Person or Persons installing irrigation systems. (6) City of Little Canada* (7) City of Maplewood (8) City of North Saint Paul* z (9) City nfOakdale* (1[) City of Saint Paul* ( City nfWoodbury* ( Board of Water Commissioners of the City nf Saint Paul* (13) Persons acting as agents, contractors or subcontractors for a registrant who has properly registered in accordance with this Section. ° See Appendix | (c) Registration Information. The registrant shall provide the following cd the time of registration and shall promptly notify the City of changes in such information: (1) Registrant's name, address, telephone number, facsimile number and Gopher One Call registration certificate number if required by state law. (2) Name, address, telephone number and facsimile number of the person responsible for fulfilling the obligations nf the registrant. (3) Unless exempted by previous or existing agreements or ordinance, a current Certificate of Insurance from a company licensed to do business in the State of Minnesota providing minimum coverage in the following amounts: GENERAL LIABILITY: Public Liability, including premises, products and complete operations Bodily Injury Liability - $1,000,000 each person, $3,000,000 each occurrence Property Damage Liability -$3.O0U.00O each occurrence |n lieu of(1) and (2) Bodily Injury and Property Damage Combined -$3.00O.UU0 single limit COMPREHENSIVE: Automobile Liability Insurance, including owned, non-owned and hired vehicles. Bodily Injury Liability -$1.O0O.O0O each person, $3.0OO.OUO each occurrence Property Damage Liability -$3.0OO.UU0 each occurrence |n lieu nf(1) and (2) Bodily Injury and Property Damage Combined -$3.0U0.000 single limit 7 Such certificate shall verify that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the ROW by the registrant, its officers, agents, employees and permit holders, and (ii) placement and use of equipment or facilities in the ROW by the registrant, its officers, agents, employees and permit holders, including but not limited to, protection against liability arising from completed operations, damage of underground equipment and collapse of property. Such certificate shall also name the City as an additional insured as to whom the coverage required herein are in force and applicable and for whom defense will be provided as to all such coverage. Such certificate shall require that the City be notified thirty (30) days prior to cancellation of the policy. (4) A 24 hour emergency number. (5) An acknowledgment by the registrant of the indemnification pursuant to this Code. (6) Such additional information as the City may require. SEC. 32 -8. FRANCHISE REPORTING OBLIGATIONS. Each franchise registrant shall, at the time of registration and not later than November 1 St of the preceding year, file a proposed construction and major maintenance plan for underground facilities with the City. Such plan shall be submitted using a format designated by the City and shall contain the information determined by the City to be necessary to facilitate construction coordination and reduction in the frequency of excavations and obstructions of ROW. The plan shall include, but not be limited to, the following information: (a) To the extent known, the locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year; and (b) To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the five years following the next calendar year. The City will have available for inspection in the Engineer's office a composite list of all known or planned projects that have been adopted for the next calendar year. All registrants are responsible 8 for keeping themselves informed of the current status of this improvement list. Each franchise registrant must notify the City immediately of any change in its list of planned projects. SEC. 32 -9. PERMIT REQUIREMENT. (a) Permit Required. No person may obstruct or excavate any ROW without first having been issued the appropriate ROW permit pursuant to this Section, except as otherwise provided in this Code. Exceptions to the permitting requirements, as described in section 32 -9, shall be made at the discretion of the ROW Engineer. (1) Excavation Permit. An excavation permit is required by the registrant to excavate that part of the ROW described in each permit that may hinder free and open passage over the specified portion of the ROW when placing or repairing facilities therein, to the extent and for the duration specified in the permit. (2) Obstruction /Aerial /interduct Permit. An obstruction /aerial /interduct permit is required by a registrant if the work proposed may hinder free and open passage over the specified portion of ROW by placing or repairing equipment described therein within the ROW, to the extent and for the duration specified in the permit. An obstruction /aerial /interduct permit is not required if a registrant has been issued a valid excavation permit for the same project. (3) Pale Attachment Permit. A pole attachment permit is required by the registrant in order to attach a wireless telecommunication facility to an existing public utility structure in the public ROW. A pole attachment permit is not required if a registrant has been issued a valid excavation permit for the same project. (b) Permit Extension. No person may excavate or obstruct the ROW beyond the date or dates specified in the permit or do any work outside the area specified in the permit unless such person makes a supplementary application before the expiration of the permit. Payment of all fees for an extension of the permit is required before extension may be granted by the City; I If the work could not be completed because of circumstances beyond the control of the permit holder or the work was delayed or prohibited by unseasonable or unreasonable conditions, the City may grant and extend the completion date of the work. (c) Delay Penalty. Notwithstanding Subsection (b) of this Section, the City may impose a delay penalty where excavating or obstruction work in the ROW is not completed within the time specified if no permit extension application has been made prior to the expiration date of the permit. A delay penalty will not be imposed if the delay is due to circumstances beyond the control of the applicant, including without limitation inclement weather, acts of God, or civil strife. (d) Application and Fee. An application for a ROW permit shall be made on forms provided by the City and shall be accompanied by a fee as set forth in this Code established to reimburse the City for costs. A person who pays a franchise fee to the City in accordance with a franchise agreement shall be exempt from the payment of permit fees. If the work is to be performed by an agent, contractor, or subcontractor on behalf of the registrant, such application shall be signed by the registrant. The application shall also be accompanied by the following: (1) Scaled drawings showing the location of all known existing facilities and improvements proposed by the applicant. The applicant will be requested to submit in English measurement two (2) paper copies at 1" = 50' scale plans at the smallest and/or one (1) copy in Auto CAD format (Ramsey County Coordinate system) with X, Y, Z dimensions to 1 foot accuracy electronic plan. All plans must be dimensional and show existing utilities, curb and gutter, sidewalks, bikeways, signal poles, driveways, boxes, relevant structures, property lines and corners and property addresses. (2) A description of the methods that will be used for installation. (3) A proposed schedule for all work. (4) The location of any public streets, sidewalks or alleys that will be temporarily closed to traffic during the work and proposed detour route with appropriate signage. (5) A description of methods for restoring any public improvements disrupted by the work. (6) Any other information reasonably required by the City. 10 (e) Security. A performance bond and cash deposit in an amount determined by the City shall be required from each applicant. The applicant, at its option, may post security sufficient to cover all projects contemplated for the current calendar year. The performance bond must be approved by the City Attorney. Security required pursuant to this Subsection shall be conditioned that the holder will perform the work in accordance with this Article and applicable regulations and will pay to the City any costs incurred by the City in performing work pursuant to this Article. Said conditions will indemnify and save the City and its officers, agents and employees harmless against any and all claims, judgment or other costs arising from any excavation and related work covered by the ROW permit. And to include further indemnification by reason of any accident or injury to persons or property through the fault of the permit holder, either for improperly fencing and guarding the excavation or for any other injury resulting from the negligence or willful actions of the permit holder. The bond or any unused portions of a cash deposit shall be released by the City upon completion of the work and compliance with all conditions imposed by the ROW permit. For permits allowing excavations within public streets, such bond or unused part of a cash deposit shall be held for a period of twenty -four (24) months to guaranty adequacy of all restoration work. (f) Permit Issuances; Conditions. The City shall grant a ROW permit upon finding the work will comply with the requirements of this Article. The City may impose reasonable conditions upon the issuance of the permit and the performance of the applicant there under to protect the public health, safety and welfare, to insure the structural integrity of the ROW, to insure completion of restoration of the ROW within a specified period, to protect the property and safety of other users of the ROW and to minimize the disruption and inconvenience to the traveling public. If it is determined by the Office of the ROW Engineer that the proposed ROW intrusion or use is not in the best interest of the city and no agreement or alternative compromise solution is feasible, the applicant may appeal the Engineers decision to the Director of Public Works. Should the issue there remain un- resolved, the applicant may then request to address the case before the Maplewood City Council for final disposition. If the applicant's ROW permit application is terminated at any given level, the city may at its discretion, elect to grant a partial refund of fees that may have been paid but shall not disburse any part of the basic Registration Fee or more that 50% of the Administrative Fees. 11 No ROW permit shall be issued to any person who has failed to register pursuant to this code. (g) Dumpsters /Portable -on- Demand - Storage (POD) Units. The placement of dumpsters or POD units in the street portion of the ROW is not allowed. Dumpsters or POD units may be placed within the boulevard or driveway portions of the ROW provided that they do not obstruct pedestrian traffic along sidewalks or trails and the boulevard is restored to previous conditions. In extraordinary circumstances, the City Right of Way Engineer may make exceptions to this provision and applicant shall be subject to the permitting and fee requirements of this ordinance. (h) Exceptions. No permit shall be required for the following: (1) Approved surface landscaping work. (2) Approved private sidewalks, street furnishings, posts and pillars. (3) Snow removal activities. (4) Irrigation systems provided that the system does not connect directly to water mains in the ROW installed at the property owner risk. (5) Activities of the City of Maplewood. (6) If granted approval by the city, piercing or drilling a street or sidewalk/trail pavement for the purpose of exploratory examination or utility depth determination. SEC. 32 -10. TIMELINESS OF WORK. The work to be done under the ROW permit and the patching and restoration of the ROW as required herein, must be completed within the dates specified in the permit. It may be increased by as many days as work could not be done because of circumstances beyond the control of the permit holder or when work was prohibited as unseasonable or unreasonable. SEC. 32 -11. STANDARDS FOR CONSTRUCTION OR INSTALLATION. (a) General Standards. The permit holder shall comply with the following standards, to the extent consistent with applicable Minnesota rules, when performing the work authorized under the permit: 12 (1) Take such precautions as are necessary to avoid creating unsanitary or unsafe conditions. Observe and comply with all laws, rules and regulations of the State and local governments. (2) Conduct the operations and perform the work in a manner as to insure the least obstruction to and interference with traffic. (3) Take adequate precautions to insure the safety of the general public and those who require access to abutting property. (4) Notify adjoining property owners prior to commencement of work which may disrupt the use of and access to such adjoining properties. (5) Comply with the Minnesota Manual of Uniform Traffic Control Devices at all times during construction or installation. (6) Exercise precaution at all times for the protection of persons, including employees and property. (7) Protect and identify excavations and work operations with barricade flags and if required, by flagmen in the daytime and by warning lights at night. (8) Provide proper trench protection as required by O.S.H.A.. (9) Protect the root growth of trees and shrubbery. (10) Where possible, provide for space in the installation area for other telecommunication ROW users and companies which install facilities in public ROW. (11) Maintain maximum access to all properties and cross streets as possible during construction operations and maintain emergency vehicle access at all times. (12) Maintain planned alignment and grade unless otherwise authorized by the City. Field changes not approved by the City will require removal and reconstruction. (13) During trenching of facilities, a warning tape must be placed at a depth of twelve (12) inches above all copper cables with over two hundred (200) pairs and above any fiber facilities. (14) Beneath concrete or bituminous paved road surfaces, directional bore facilities shall be installed in conduit of a type approved by the city. 13 (15) The placing of all telecommunications facilities must comply with the National Electric Safety Code, as incorporated by reference in Minn. Stat. Sec. 326.243. (16) Locate all property lines near ROW lines and replace any disturbed property corner markers or judicial monuments. A Minnesota licensed surveyor must be used in the replacement of disturbed property corner markers or iudicial monuments. (17) Excavations, trenches and jacking pits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability and as directed by the City. (18) Excavating, trenches and jacking pits shall be protected when unattended to prevent entrance of surface drainage. (19) All backfilling materials must be placed in 6 inch lifts (maximum) at optimum moisture and compacted with the objective of attaining ninety -five percent (95 %) of Standard Proctor Density. Compaction shall be accomplished with hand, pneumatic or vibrating compactors as appropriate. (20) Backfill material shall be subject to the approval of the City. The City may permit backfilling with the material from the excavation provided such material is granular in nature and acceptable to the City. (21) Compacted backfill shall be brought to bottom of the gravel of the approved street section. (22) All work performed in the ROW shall be done in conformance with Maplewood Plates 1 to 13, unless a less stringent standard is approved by the City. (23) Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit. (24) No road surface damaging lugs, cleats or equipment may be used or driven upon paved city street surfaces. (25) Dirt, trash or other debris must be periodically removed during construction (26) Other reasonable standards and requirements of the City. 14 (b) Standards for Installation of Underground Utilities. The permit holder shall comply with the following standards when installing facilities underground: (1) Underground facilities must be placed as far off the roadway as possible to provide access from outside of the paved area. (2) Buried fiber facilities shall be at a minimum depth of three (3) feet and a maximum depth of four (4) feet unless an alternate location is approved by the City. Buried copper facilities beneath concrete or bituminous paved road surfaces must be placed at no less than three (3) feet but no more than four (4) feet deep. Other buried copper facilities must be placed at a minimum depth of thirty (30) inches and a maximum depth of four (4) feet. (3) Crossing of streets and hard surfaced driveways shall be directional bored unless otherwise approved by the City. (4) If construction is open cut, the permit holder must install the visual tracers approximately twelve (12) inches above buried facilities. If other construction methods are used, substitute location methods will be considered. (5) The permit holder shall register with Gopher State One Call and comply with the requirements of that system. (6) Compaction in trench backfill material shall be ninety -five percent (95 %) of the standard proctor density and copies of test results shall be submitted to the City. All tests and their locations shall be determined by the City. Tests must be conducted by an independent testing firm approved by the City. Street pavement replacement will not be permitted until sub -base densities are approved by the city. Testing shall be required at the discretion of the ROW engineer. Street Pavement structure and materials shall be as specified by the city and re -paved in accordance with Maplewood plates 1 -13. All pavement replacement shall be done in the presence of a City inspector with certified pavement material to City specifications. 15 (7) The facilities shall be located so as to avoid traffic signals and signs which are generally placed a minimum of five (5) feet behind the curb. (8) When utilizing trenchless installation methods to cross an area in which a municipal utility is located, and /or when directed by the City, the permit holder shall excavate an observation hole over the utility to ensure that the City utility is not damaged. Observation holes shall not be backfilled until viewed and approved by the city ROW Inspector. (9) All junction boxes or access points shall be located no closer than ten (10) feet from municipal fire hydrants, valves, manholes, lift stations or catch basins unless an alternate location is approved by the City. (10) Underground facilities shall not be installed between a hydrant and an auxiliary valve. (11) Underground facilities shall not be installed within five (5) feet of hydrants, valves, lift stations or manholes in areas where utility easements exist beyond the ROW. In those areas in which no utility easement exists, placement of an underground facility shall be between the edge of pavement and no closer than three (3) feet to an existing municipal utility appurtenance unless approved by the City. (12) In areas where an extensive effort to determine the location of municipal utility lines will be required to accommodate the installation of private facilities, the City's representative for Gopher State One Call must be contacted by the permit holder two (2) weeks prior to the beginning of the work to schedule meetings. (13) Buried telecommunication facilities must have a locating wire or conductive shield, except for di- electric cables. (14) Buried fiber facilities must be placed in a conduit of a type determined by the ROW user unless the permit holder obtains a waiver from the City. (15) The standards set forth in the Standards of Installation of Water Mains required by the Board of Water Commissioners of the City of Saint. Paul. (c) Standards for Installation of Overhead Facilities. The permit holder shall comply with the following standards when installing facilities overhead: 16 (1) All wires must be in compliance with the National Electric Safety Code and at a location that does not interfere with traffic signals, overhead signs, or street lights. (d) Standards for Wireless Telecommunication Facilities. (1) Purpose. The City of Maplewood desires high quality wireless communication services to accommodate the needs of residents and businesses. At the same time, the City strives to minimize the negative impacts that wireless telecommunication facilities can have on aesthetics and public safety. Due to the many services that must be delivered within its limited area, the City also strives to avoid unnecessary encumbrances within the public ROW. The City allows and regulates wireless telecommunication facilities outside of the public ROW through performance standards and height limits. The purpose of this Section is to regulate wireless telecommunication facilities within the public ROW in a manner that balances desire for service with aesthetic, public safety, and ROW flexibility concerns. Public ROW are appropriate locations for wireless telecommunication facilities that present minimal impacts (i.e. small pole attachments that do not require new poles, do not require pole extensions, and do not have associated ground mounted equipment). Wireless telecommunication facilities that require greater heights than can be afforded by existing poles in the public ROW and that require ground mounted equipment are more appropriately sited outside the public ROW in accordance with adopted performance standards of this Code. However, the City recognizes that as wireless technology advances, some residential areas of the City may be hard to serve with wireless technology due to the lack of acceptable siting alternatives in the immediate vicinity. In such areas, where no alternative non -ROW locations are available, wireless telecommunication facilities that require pole extensions and ground equipment will be allowed in the public ROW subject to the requirements of this Section which are meant to protect the public health, safety, and welfare. (2) Wireless Telecommunication Facilities as Pole Attachments. Wireless telecommunication facilities that comply with the following requirements may be attached to existing public utility structures within the ROW after issuance of a pole attachment permit. 17 (A) The wireless telecommunication facility shall not extend above the top of the existing public utility structure and the height of the existing public utility structure shall not be increased to accommodate the wireless telecommunication facility. (B) If the public utility structure must be replaced to structurally accommodate the wireless telecommunication facility, the replacement public utility structure height shall not exceed the existing public utility structure height and the replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than 50 percent. (C) The wireless telecommunication facility shall not be larger than three (3) cubic feet and shall have no individual surface larger than four (4) square feet. (D) The wireless telecommunication facility shall not extend outward from the existing pole or tower or arm thereof by more than two and one half (2 1/2) feet, except that an antenna one half inch in diameter or less may extend an additional six inches. (E) The wireless telecommunication facility shall include no ground mounted equipment. (F) The wireless telecommunication facility shall not interfere with public safety communications and shall meet the requirements of this Code. (G) Wireless telecommunication facilities in the ROW shall be removed and relocated at City request subject to the provisions of this Article. (H) The wireless telecommunication facility shall not block light emanating from the public utility structure and shall not otherwise interfere with the original use of the public utility structure. (3) Wireless Telecommunication Facilities as Pole Extensions or with Ground Mounted Equipment. Wireless telecommunication facilities that require increased public utility structure height or that have ground mounted equipment may be erected in the public ROW only when in compliance with the following provisions and after issuance of a pole attachment permit or excavation permit: In (A) The applicant shall demonstrate to the satisfaction of the City or his /her designee that the wireless telecommunication facility cannot be placed in a Code complying location outside the ROW within one quarter (1/4) mile of the proposed location. (B) The replacement public utility structure, including lightning rods and all other attachments, shall not exceed the height of the existing public utility structure by more than fifteen (15) feet. Once the height of a public utility structure has been increased under the provisions of this Section, the height shall not be further increased. (C) The replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than fifty (50) percent. (a) The wireless telecommunication facility shall not extend outward from the public utility structure by more than two (2) feet. (E) If feasible and desirable, as determined by the City, the replacement public utility structure shall match the original and surrounding public utility structures in materials and color. (F) The wireless telecommunication facility shall not interfere with public safety communications and shall meet the requirements of this Code. (G) A pole attachment or excavation permit for a wireless telecommunication facility that has ground mounted equipment will be issued only if the Issuing Authority finds the following: (i) the ground mounted equipment will not disrupt traffic or pedestrian circulation; (ii) the ground mounted equipment will not create a safety hazard; (iii) the location of the ground mounted equipment minimizes impacts on adjacent property; and, (iv) the ground mounted equipment will not adversely impact the health, safety, or welfare of the community. (H) Ground mounted equipment associated with the wireless telecommunication facility shall meet the following performance standards: 19 (i) be set back a minimum of ten (10) feet from the edge of street or curb line; (ii) be separated from a sidewalk by a minimum of three (3) feet; (iii) be set back a minimum of fifty (50) feet from the nearest intersecting ROW line; (iv) be separated from the nearest ground mounted wireless telecommunication equipment installation on the same block face by a minimum of 330 feet unless the equipment is placed underground; (v) if located adjacent to residential uses, ground mounted equipment shall be limited to three (3) feet in height above grade and twenty seven (27) cubic feet in cumulative size; (vi) if located adjacent to non - residential uses, ground mounted equipment shall be limited to five (5) feet in height above grade and eighty -one (81) cubic feet in cumulative size; (Vii) ground mounted equipment located outside the public ROW shall conform to the requirements of this Code. (viii) vegetative or other screening compatible with the surrounding area shall be provided around the ground mounted equipment if deemed necessary by the City. (1) Wireless telecommunication facilities in the ROW shall be removed and relocated at City request subject to the provisions of this Article. (4) New Poles. The construction in the ROW of a new pole to support wireless telecommunication facilities is not allowed, except as a replacement of an existing public utility structure subject to the requirements of this Section. (5) Charges. In addition to the permit fees outlined in this Code, the City reserves the right to charge telecommunication providers for their use of the public ROW to the extent that such charges are allowed under state law. Telecommunication providers shall be responsible for payment of property taxes attributable to their equipment in the public ROW. 20 SEC. 32 -12. PATCHING OR FULL RESTORATION OF ROW. The permit holder shall patch its own work. In lieu of ROW restoration, a ROW user may elect to pay a degradation fee as determined by the City. (a) City Restoration. If the City restores the ROW, the permit holder shall pay the costs thereof within thirty (30) days of billing. If, during the twenty -four (24) months following such surface restoration, the pavement settles due to the permit holder's improper backfilling and compaction, the permit holder shall pay to the City, within thirty (30) days of billing, all costs associated with having to correct the defective work. (b) Permit Holder Restoration. If the permit holder restores the ROW, it shall at the time of application for a ROW permit post a performance bond or cash deposit in an amount determined by the City to be sufficient to cover the cost of restoration and any associated erosion and sediment control measures. The performance bond or cash deposit must be approved by the City Attorney. If, within twenty -four (24) months after completion of restoration of the ROW, the City determines the ROW has been properly restored, the posted security will be released. (c) Standards. The permit holder shall perform patching and restoration according to the Maplewood standards specified in Plates 1 to 13, which are attached hereto and incorporated herein. (d) Guarantees. If the permit holder performs the restoration work, the permit holder shall guarantee such work and its maintenance for twenty -four (24) months following its completion. During this twenty -four (24) month period it shall, upon notification from the City, promptly and within 7 working days from receipt of notification, correct all faulty restoration work to the extent necessary, using the method required by the City. SEC. 32 -13. JOINT APPLICATIONS. (a) Joint Application. Registrants may jointly apply for permits to excavate or obstruct the ROW at the same place and time. (b) Shared Fees. Registrants who apply for permits for the same obstruction or excavation may share in the payment of the obstruction or excavation permit fee. Registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. 21 SEC. 32 -14. OTHER OBLIGATIONS. (a) Compliance With Other Laws. The permit holder must obtain all other necessary permits, licenses and approvals and pay all fees required. The permit holder shall comply with all requirements of local, state and federal laws, including Minn. Stat. Secs. 216D.01 -.09 ( "One Call Excavation Notice System "). A permit holder shall perform all work in conformance with all applicable codes and established rules and regulations and is responsible for all work done in the ROW pursuant to its permit, regardless of who does the work. (b) Prohibited Work. Except in an emergency, and with the approval of the City, no ROW excavation or obstruction may be done when seasonally prohibited or when conditions are unreasonable for such work. (c) Interference with ROW. A permit holder shall not so obstruct a ROW that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. SEC. 32 -15. DENIAL OF PERMIT. The City may deny a permit based on any of the following grounds: (a) Failure to register pursuant to requirements of this Code. (b) The applicant is subject to revocation of a prior permit issued pursuant to this Article. (c) The proposed schedule for work would conflict or interfere with an exhibition, celebration, festival or any other similar event. (d) The proposed schedule conflicts with scheduled or total or partial reconstruction of the ROW. (e) The applicant fails to comply with the requirements of this Article or other provisions of this Code. (f) The City determines that denial is necessary to protect the health, safety and welfare of the public or protect the ROW and its current use. SEC. 32 -16. EMERGENCIES AND WORK DONE WITHOUT A PERMIT. Each registrant shall immediately notify the City and all other affected parties or property owners of any event regarding its facilities which it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. If the registrant has not been issued 22 the required permit, the registrant shall, within two (2) business days after the occurrence of the emergency, apply for the necessary permits, pay the permit fees (where necessary) and fulfill the remaining requirements necessary to bring itself into compliance with this Article for the actions it took in response to the emergency. If the City becomes aware of an emergency regarding a registrant's facilities, the City shall attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. The City may take whatever action deemed necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a ROW must subsequently obtain a permit and (where appropriate) as a penalty, pay twice the normal fee for the permit and shall deposit with the City the fees determined to correct any damage to the ROW. SEC. 32 -17. INSPECTION. (a) Site Inspection. The permit holder shall make the work site available to the City and to all others authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. (b) Authority of City (1) At the time of inspection, the City may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well -being of the public. (2) The City may issue a stop work order to the permit holder for any work which does not conform to the terms of the permit or other applicable standards, conditions or codes. The order shall state that failure to correct the violation within a stated deadline will be cause for revocation of the permit. If the violation is not corrected within the stated deadline, the City may revoke the permit. SEC. 32 -18. REVOCATION OF PERMITS. (a) Substantial Breach. The City may revoke a ROW permit, without a fee refund, if there is a substantial breach of the terms or conditions of any statute, this Code, rule or regulation, or any 23 condition of the permit. A substantial breach of a permit holder shall include, but not limited to, the following: (1) The violation of any material provision of the permit. (2) Any material misrepresentation of fact in the application for a permit. (3) The failure to maintain the required bonds or other security and insurance. (4) The failure to complete the work in a timely manner. (5) The failure to correct, in a timely manner, work that does not conform to applicable standards, conditions or codes, upon inspection and notification by the City of the faulty condition. (6) An evasion or attempt to evade any material provision of the ROW permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens. (7) The failure to comply with the terms and conditions of any applicable federal, state and local laws, rules and regulations, including any provision of this Article. (b) Notice of Breach. If the City determines that a permit holder has committed a substantial breach of a term or condition of any statute, this Code, rule or regulation or any condition of the permit, the City shall make a written demand upon the permit holder to remedy such violation within a reasonable period of time or be subject to potential revocation of the permit. The City may impose additional or revised conditions on the permit to mitigate or remedy the breach. (c) Reimbursement of City Costs. If a permit is revoked, the permit holder shall reimburse the City for its reasonable costs, including restoration costs and the costs of collection and reasonable attorney fees incurred in connection with the revocation. SEC. 32-19. APPEAL. (a) Filing of Appeal. Any person aggrieved by, (i) the denial of a permit application; (ii) the denial of a registration; (iii) the revocation of a permit, or (iv) the application of the fee schedule imposed by this Code, may appeal to the City Council by filing a written notice of appeal with the City Clerk. Said notice must be filed within twenty (20) days of the action causing the appeal. 24 (b) Notice of Hearing. The City Council shall hear the appeal at its next regularly scheduled meeting, unless the time is extended by agreement of the parties. Notice of the date, time, place and purpose of the hearing shall be mailed to the appellant. (c) Hearing and Decision. The City Council shall, at the hearing, consider any evidence offered by the appellant, the City and any other person wishing to be heard. The Council shall issue a written decision within thirty (30) days of the completion of the hearing. SEC. 32 -20. MAPPING DATA. (a) Information Required. Each registrant shall provide mapping as required by the City and which shall include the following information: (1) Location and approximate depth of registrant's mains, cables, conduits, switches and related equipment and facilities, with the location based on: (A) offsets from property lines, distances from the centerline of the public ROW and curb lines as determined by the City; or (B) Ramsey County Coordinate System; or (C) Any other system agreed upon by the ROW user and the City; (2) The type and size of the utility; (3) A description showing above - ground appurtenances; (4) A legend explaining symbols, characters, abbreviations, scale and other data shown on the . • . i (5) Any facilities to be abandoned, if applicable, in conformance with Minnesota Statutes, Section 216D.04, subdivision 3. (b) Submittal Requirement. (1) Within two (2) years after the effective date of this ordinance, all telecommunication ROW users shall submit comprehensive detailed maps, if available, in accordance with Subsection (a) of this Section, for all facilities and equipment installed, used or abandoned within the public ROW. 25 (2) Subsequent to providing the required comprehensive facility map, interim mapping data shall be submitted by all registrants for all equipment and facilities which are to be installed or constructed after the effective date of this ordinance at such time as permits are sought pursuant to this ordinance. (c) Trade Secret Information. At the request of any registrant, information requested by the City which qualifies as "trade secret" data under Minnesota Statutes, Sec. 13.37(b) shall be treated as trade secret information as detailed therein. SEC. 32 -21. RELOCATION OF FACILITIES. A ROW user shall promptly and at its own expense, with due regard for seasonal working conditions, remove and relocate its' facilities in the ROW when it is necessary to prevent interference or obstruction, but not merely for the convenience of the City, in connection with: (1) a present or future City use of the ROW for a public project or facility, (2) the public health or safety; or (3) the safety and convenience of travel over the ROW. The registrant shall restore any ROW to the condition it was in prior to removal and relocation. SEC. 32 -22. DAMAGE TO OTHER FACILITIES. When the City does work in the ROW and finds it necessary to maintain, support, or move registrants' facilities to protect it, the City shall notify the registrant as soon as possible. The costs associated therewith shall be billed to the registrant and must be paid within thirty (34) days from the date ME= Each registrant shall be responsible for the cost of repairing any facilities in the ROW which it or its facilities damage. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the City's response to an emergency occasioned by that registrants' facilities. SEC. 32 -23. ROW VACATION. (a) Reservation of Right. If the City vacates a ROW which contains the equipment or facilities of a registrant or permit holder, and if the vacation does not require the relocation of the registrant's or 26 permit holder's equipment or facilities, the City shall reserve, to and for itself and all registrants or permit holders having equipment and facilities in the vacated ROW, the right to install, maintain and operate any equipment and facilities in the vacated ROW and to enter upon such ROW at any time for the purpose of reconstruction, inspecting, maintaining or repairing the same. (b) Relocation of Facilities. If the vacation requires the relocation of the registrant's or permit holder's equipment or facilities; and (i) if the vacation proceedings are initiated by the registrant or permit holder, the registrant or permit holder must pay the relocation costs; or (ii) if the vacation proceedings are initiated by the City, the registrant or permit holder must pay the relocation costs unless otherwise agreed to by the City and the registrant or permit holder; or (iii) if the vacation proceedings are initiated by a person or persons other than the registrant or permit holder, such person or persons must pay the relocation costs. SEC. 32 -24. ABANDONED AND UNUSABLE EQUIPMENT AND FACILITIES. (a) Discontinued Operations A registrant who has determined to discontinue al! or a portion of its operations in the City must provide information satisfactory to the City that the registrant's obligations for its facilities in the ROW under this chapter have been lawfully assumed by another registrant. (b) Removal of Abandoned Facilities. Any registrant who has abandoned facilities in any ROW shall remove it from that ROW to the extent such facilities interfere with another ROW repair, excavation, or construction, unless this requirement is waived by the City. SEC. 32 -25. INDEMNIFICATION AND LIABILITY. By registering with the City or by accepting a permit granted under this Article, a registrant or permit holder agrees as follows: (a) Limitation of Liability. By reason of the acceptance of a registration or the grant of a ROW permit, the City does not assume any liability (i) for injuries to persons, damage to property or loss of service claims by parties other than the registrant or the City, or (ii) for claims or penalties of any sort resulting from the installation, presence, maintenance or operation of equipment or facilities by registrants or permit holders or activities of registrants or permit holders. 27 {b} Indemnification. A registrant or permit holder shall indemnify, keep and hold the City, its officials, employees and agents, free and harmless from any and all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its equipment and facilities, or out of any activity undertaken in or near a ROW, whether or not any act or omission complaint of is authorized, allowed or prohibited by a ROW permit. The foregoing does not indemnify the City for its own negligence except for claims arising out of or alleging the City's negligence in issuing the permit or in failing to properly or adequately inspect or enforce compliance with a term, condition or purpose of a permit. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant, permit holder or the City, and the registrant or permit holder, 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 on its own behalf. If the registrant or permit holder is required to indemnify and defend, it shall thereafter have control of the litigation, but the registrant or permit holder may not settle the litigation without the consent of the City. Such consent will not be unreasonably withheld. SEC. 32 -26. FRANCHISE HOLDERS. If there is a conflict in language between the franchise of a person holding a franchise agreement with the City or the Water Service Agreement with the City and this Article, the terms of the franchise or Water Service agreement shall prevail. SEC. 32-27. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Article is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. APPENDIX I M ESSENTIAL MUNICIPAL SERVICES Special conditions and provisions to regulate and control ROW intrusions by essential service providers for which previous agreements or ordinances have been enacted and approved by the City in concurrence with the respective service providers. INDEX Article Participating Municipal Provider A. City of Little Canada B. City of North Saint Paul C. City of Saint Paul D. City of Oakdale E. City of Woodbury F. Board ofWater Commissioners of the City of Saint Paul 29 Agenda Item L1 TO: Greg Copeland, City Manager FROM: Charles /\h[ Director Of Public Works/City Engineer [}uVVaVO8KoOeVVko.Environmental Manager SUBJECT: Funding Request from Silver Lake Improvement Association for Treatment of Noxious and Invasive Weeds in Silver Lake DATE: March 28.2007 INTRODUCTION The City has received 8 request from Oc Michael M8nthei. President of the Silver Lake Improvement ASSOC8UOn, to provide funding to treat noxious and invasive vve8dS in Silver Lake. The noxious and invasive vv89da are CUdy|e8f pODdvv88d and EU[8ai8D vv8t8rnliK0i|. The request is for approximately $13,000.00 per year for 8 period of four to five years. Included in the attachments is 8 copy of 8 bid from Aquatic Engineering Inc. Of Lacrosse, Wisconsin that was Used to determine K83p|evvOOd'S contribution. The total cost for 2O0Y will not exceed $40.000.00. According to Dr. k8anthei, this funding request is likely to decrease in subsequent years for the duration of the treatment program. Attached is 8 copy of the funding request for your review. The City Of North St. Paul and the City of Oakdale have also been asked LV participate in the funding of this lake tr88Lnn8nL pn}gn8nn along with the adjoining property owners. The funding amount for each city was determined by the percentage of |8k8 shore in each of the respective cities. k8op|evv00d was asked to contribute a higher onnOUnt due to the presence of the boat landing which i8 located in Joy Park. The Department of Natural Resources has awarded the Silver Lake Improvement Association @ grant of $10,000 [0 help fund the cost of this treatment pnJgn8nn. The City of North SL PGU[ the City of Oakdale, and SL8L8 Representative Mr. Leon Lillie, District 55A SVbnliUBd letters of support for this Qn8nL. Copies of these letters are included in the attachments. The City ofNorth St. Paul and the City of Oakdale have approved funding requests in the amount of $8.000.00 and $3,000.00. respectively for this treatment program. Ramsey County iS contributing g1.00O.0O towards the program costs. Background Silver Lake is located in the far northeast section of the City of Maplewood and shares its border with two other municipalities, North Gt. PoU| and Oakdale. A map of this area is included as on attachment. Silver Lake i8 approximately seventy-six acres in size with 8 mean depth between seven and eight feet. The nl8xi[nunl depth is approximately twenty-one feet. A h3t8| of thirty-five residents |iw8 On the |8k8. Approximately thirty-three percent of the total |@heshOn8 is within the City ofMaplewood. Silver Lake i3 located in the Valley Branch Watershed District. EVn8si8nvvSt8nnilfni| was first observed in Silver Lake in 1992. Prior to 1882, harvesting was employed in the lake 8s a means tV control surface vegetation Vn the lake. Harvesting was discontinued in18S2 due tO the discovery of Eurasian vvGL8rDi|foi|. Silver Lake was chemically treated in 1992 and 1993 with 2 in 8n attempt to eliminate Eurasian vvGL8rnni|hJi|. ArnacnJphvte survey was conducted in1084 and Eurasian vv8L8rrni|f0i| was not present. Because of this, treatment with 2.4-O was discontinued. However, Eurasian vv8terrni|fDi| eventually returned to Silver Lake. Cur|y|8afpondvveed was discovered in Silver Lake in1SQ8. Agenda Item L1 Beginning in 2005, Valley Branch Watershed District brought together various stakeholders to begin the development ofo plant management program for Silver Lake. This proposed management plan will address and recommend solutions to improving the water quality of Silver Lake. The implementation plan will include discussion on the following items: * Monitor Silver Lake on an annual basis • Determine how much phosphorus is entering Silver Lake and identify sources • Evaluate Best Management Practices (BK8PS) and determine where such practices should b8 employed • K8GDG0enlGCrophyt8S • Require adequate buffers, • Investigate inlp8CtS of Eurasian vvohSrnli|f0i| and Cur|y|S8fpondvv8Rd OD dovvnStrR@nl vvGte[a • Address ditch erosion and sedimentation problems at the north end of Silver Lake • Discuss in-lake treatment options The overall water quality Of Silver Lake iS generally considered tObe good. |O addition, Silver Lake kgnot listed onthe Minnesota Pollution Control Agency's (K8PCA)list oJ impaired water bodies. The abundance of native macrophytes in Silver Lake is partially due to the good water quality. k8aorophvtes are the primary producers in the aquatic food chain that provide food for all the other aquatic life in the |8k8. K8aCn]phVt8g can also adversely impact the recreational uses of a lake, but they are critical to the ecosystem GS fish and wildlife habitat. SO the question becomes —DOvvR value recreational use Of8lake over the ecological function of a lake? DISCUSSION The City of Maplewood has in the past received funding requests from other lake associations in the City for similar treatment applications. The City's position in the past was to not fund these types Ofrequests, but rather, work with these lake associations on finding ways to reduce nutrient loading to these water bodies. Maplewood's Nature Center has been a leader in providing educational outreach opportunities to residents and non-residents alike concerning ways tO [niDi[nizR impacts tO area water bodies. The Nature Center along with the Ramsey-Washington Metro Watershed District has co-sponsored a free workshop titled "Living on the Water's Edge - What every homeowner needs to know 8b8UL living on 8 wetland, pond, stream 0ra|ake" This workshop addresses ways homeowners can reduce nutrient impacts to water bodies and 8Lthe same time improve the water quality Of the lake. Natural buffers, native plantings, goose control, low impact lawn care, and exploring the use of non-toxic methods for weed control are all covered in this workshop. Attached i3G copy Of@ recent brochure advertising this workshop. The Public Works Department is also very much involved in educating residents on ways to reduce impacts to water bodies. The Public Works Department works very closely with the Nature Center to assist residents on reducing stormwater runoff from their residences and businesses. The use of rain gardens and infiltration basins are some ways in which residents and businesses can reduce runoff from their properties. The City of Maplewood has been a leader in promoting the use of rain gardens to capture nutrients that might otherwise find their way into these lakes, streams, rivers, and wetlands. The City offers 8 wide variety of educational classes that provide "how-to-skills" on designing, constructing, planting, and maintaining rain gardens. These educational outreach workshops speak directly to issues that the Silver Lake Improvement Association i8 concerned about. The 2006 reconstruction of Gervais Avenue was another example of how the Public Works Department took 8 leadership role in treating and reducing the nutrient load k} Keller Lake. Keller Lake iG listed on MPCA's impaired water bodies list, which essentially requires all public and private projects to meet certain Agenda Item L1 water quality standards prior k} discharging into Keller Lake. The Public Works Department along with the support of RWMWD and BARR Engineering designed a stormwater pond and infiltration basin to capture and reduce the pollutant loads from G8nxaiSAvenue and the surrounding area. The total sub-watershed area that flows into this collection and treatment system is approximately 28acres. By utilizing this BK8P, the City will b8 reducing the total suspended solids /TSS\ entering Keller Lake byS096 and the total phosphorus (TF»)by80%. By reducing the pollutant load which enters Keller Lake the City will help meet the objective of removing this lake from the impaired water list. Native plantings will be utilized in this area to help promote the successful establishment 0fdeep rooted vegetation. which assist in pollutant removal, infiltration, and stabilization. With respect to Silver Lake, the City of Maplewood has G great opportunity to do "our" part with the implementation of the Master Plan for Joy Park. The Joy Park Master Plan includes: • Stabilize and restore the existing shoreline with native plant communities • Restore the woodlands • Restore open lands to prairie • Restore wetland communities and marshes • Remove invasive plants • |mp|S0SOt BYNPStO treat stO[0vv8terrunoff • Provide trails tOaccess park • Provide picnic shelters and areas • Provide opportunities for fishing (fishing piers and platforms) In addition, staff will ensure that the detailed plans for Joy Park include providing better signage reQ8ndinQ invasive plant species and exploring the use of innovative stormwater management practices such as porous pavement for the parking lot. The Joy Park Master Plan represents 8 balance between recreational uses and preserving the park's natural values. Staff has had the opportunity to meet with Dr. Manthei, President of the Silver Lake Improvement Association, and discuss their request for funding. The Silver Lake |nnprOYenn8nL Association is requesting funding from the City to help pay for the chemical treatment of noxious and invasive weeds in Silver Lake with 2.4[). The issue is whether this request is aimed at improving recreational opportunities in Silver Lake or8t improving the ecology 0f the lake. This is8 complex issue and arguments supporting both sides 0f the issue can be crafted and be quite compelling. Staff understands that the City of Maplewood has arole in ensuring that the water quality of Silver Lake does not become worse, and we should work towards improving water quality. 8ikxe[ Lake is not listed as an impaired vv8t8[ body. Si|w8[ L8h8 has good water quality features. The City of Maplewood has |GkRS in the City that are considered by the K8PCALV be impaired vv8L8r bodies. These treatment programs can be very costly. Similar requests from other lake associations are just around the corner. Because of this, staff is not recommending approval of the full funding request, but suggests that a single year's allocation b8 provided with 8 requirement of follow-up testing. VV8 believe that working with the |@k8 osSOCiGti0O. hOnlR0vvO8na. and the Cities of Oakdale and North St. Paul to identify opportunities t0 implement BK4Psto help reduce the nutrient load k] Silver Lake will also b8productive. As previously St8ted, the Master Plan at Joy Park provides 8 framework to address SbJrrnvvGL8r runoff issues and n8SL8pe and stabilize the shoreline at Joy Park. The plan also discusses the use Of other innovative at0rnovvoter strategies that provide for the storage and treatment Ofrunoff. Implementing these practices and educating residents and Users of Silver Lake should result in better water quality. Agenda Item L1 If the City Council decides to participate in funding this request, staff recommends that this be a one-time allocation under the auspicious ufo pilot demonstration project forSilvmrL8km. Staff recommends funding $7,500'00 of the total $13.000'00 request. This proposed demonstration project would oLudythe effects of treating Silver Lake with 2,4 O LV eradicate Eurasian nnilfVi| and {}Udy|eaf pondvv8Rd. Staff recommends that a detailed report including a macrophyte survey be submitted to staff for review prior to the approval nf any additional funding in subsequent years. This report must identify the following • Was the treatment effective in reducing the presence of Eurasian milfoil and Curlyleaf pondweed • Did the native plant community sustain any deviations from the earlier survey data • Were there any other unforeseen effects of this treatment prOg[8nl • Discuss the effects Uf this chemical treatment program nn the aquatic life in the lake including the 0v8rG|| mCOSyStR[n of this |8kG and impacts to the fish C0[nnlUDity in this |8h8 • Did the lake association champion efforts t0 educate the residents and the users 0f Silver Lake On reducing their impacts to the lake including the use of natural native buffers (workshops, informational fact sheets, etc.) • Discuss Valley Branch Watershed District's involvement and address any issues the watershed district may have concerning the treatment program • Discuss what indicators or parameters the lake association is using to define success moving forward • Provide detailed information on the expenditures and the administration of this treatment program • Assess future management needs of Silver Lake Including the ONFl grant, the City's of North St. Paul and Oakdale along with Ramsey County have all @0[8Sd to assist in funding this request. In addition, the Silver Lake Improvement Association has also received contributions from homeowners who reside on Silver Lake totaling approximately $8.000.00. Staff agrees that this is an opportunity to leverage the City's contribution with these other funding entities. Staff supports this concept and the fact that the homeowners are also contributing to the overall costs of this |8k8 treatment program. Recommended Action: It is recommended that the City Council appropriate $7,500 of funds from the 2007 Environmental Utility Fund budget toward the request for m one-year demonstration treatment project tm be implemented by the Silver Lake Improvement Association and that this funding shall be conditioned mmthe completion mfm detailed mmmcmmphyte survey mmdefined by City staff prior tm the consideration mf any additional funding imsubsequent yemna' Attachments: 1. Location Map of Silver Lake Z Silver Lake Improvement Association Funding Request 3. Silver Lake Improvement Association Activities anUGoo|o «. Silver Lake Improvement Association - Joy Park *. Silver Lake Watershed Area s. Silver Lake Map T Letters or Support from w. St. Paul, Oakdale, and State Representative Leon Lillie 8. Bid from Aquatic Engineering, Inc. 9. Educational Brochure for Workshop . ...... ... 2 M N A k T ��, 1 E P F e � S ANDERSCdN plo, J S"wNAN ...................... .... .... . ....... . ............. . . I ....... ... ............... The Silver Lake Improvement Association . .. . ......... . . ............................... .. .. . . . . . . ....................... ... . . . . . ........................... ..... . . . ................................. . . . . . . . ......... .... .. . . . . . ........ . . . ... . ..... . ................. T. P NORTH AUL MINNESOTA 13 March 2007 City of Maplewood 1830 Co. Rd. B East Maplewood, MN 55109 Dear City Manager; Feet Percent City of Maplewood 00 33 City of Na St, Paul 1950 21 City o1F Oakdale 803 Lake-shore owners f3r), 37 I talked to Bruce Anderson last year about total lake treatment and obtaining the grant, He stated that the City of Maplewood has plans to improve the park or, the. nortt, end of Silver Lake It does not make sense to improve a park on the lake without improving the lake. I have heard that he is no longer employeJ, by Maplewood and I hope that he has relayed our discussions to you. 1 I On a $40,000 treatment amount, Maplewood!s percentage would be $13,200s The cite ^-' K Ca n L) e rnace out o Silver Lake Improvement Inc and the Acp1in-ator after they are seiec by bid. Enclosed is one of the estimates that we are using as a guide to costs, Also enclosed is the results of the study of aquatic plants that was done by Valley Branch Watershed District. They, too, wJ11 be asked to help fund this project. If you have any questions, direct the to me: VVQrK Sincerely, Dr. Mike Manthei President, Silver Lake Improvement Association, Inc. �Imm&,4 M A Detailed Description of Management Activities and Goals for the Silver Lake Improvement Association Inc. T' lie Silver Lake Imp provemeAssociation NORTH T. PAUL MINNESOT Joy Park (before) I the City of Maplewood is not going to contribute to the health of this lake, then remove, block or crass the boat ramp area. The fishing pier is not needed, as there is one on the south end of the lake. A fishing pier would only contribute to the problems sheerly in the Ia What good is fishing pier or a renovated park on a lake if you can not fish, boat or use the lake the it was intended, because of the over growth of undesirable plants within the lake? Why improve the park on the north end without improving the useable water quality of the lake? Water quality is more than clear water. It is useable water the way a lake is intended-. RESOLLTION NO. 06-186 RESOLXTION SUt'PORTING HJE SH.A1 L.XKE, ASSOCL-k :k PPLICAT ION FOR G. RANT FUN D I N*G NV 1-11 , '4RE,kS. tl c Silver I ak A i; Cek;ma i a to ladcllrc-s invasive 'I ii Si I � er La I <e.. a nd Nkl ilic Silver 1,akc -%Ssociation !wccls to suhmit a letter of supporl, from the Cltv in order to lapel -v 10r aram Funds and NOW TIJEREF BE IT RESOLVED, by the (.'.'itv Council of the Cily of 7 *rt ; an �d seeking of a un nt for h te North'St. PaL.d SUP11011; 111C CIC�11111n fb et Silver L.ake i\ssocia. ADOPTED this IV day oFDcccni 20061 klonoll h-v Sc-C(: Counlcii Mcniben Kuehn Absent: None ... .. . .. . . ................................................................... ....... . V ...... ..... xx ,7 1 , illi�:un 'I Sa i i d 1) c ru M11 01' ... ... ... ..... City of'Oakdalc RFS()1T:TI()N' NO. 1 -006-35 SUPPCHIIINCY' TJJE SILVER LAKE ASSOCIATION FOR At il ru' zoeelim4 o[ the ('711V ("oUllCil (A' dl Cit Of (Iakdale held 0Tl'I'Lle-`SdECv'. NLAYCII 2S, 'Cl: thc t k I l Municipali Builditu 1 5 4 I faille Avenw-,� North. Oakda'e, I l 1"w 1- 1 1 01INUS ol Slarrack, ("okincilmembur, Kem Dota Stan Pulrabek, and the fbilowinQ a C'0UoCl1T"oClllbCr PM11 1"'cinkc. the (")akdal" ("Itv CoUllk. il FLSkli%;�Lt: WJ-U�'REAS, tile Silver I ake Association Is scekim, a gram to address invasive weeds ill Silver t-A ill - Saint PUL11 and NVII ERE.,)LS, tile SlIvcr Lake Association needs to SUbmit a letter of'support fi the C' its of akdale to apply for cram funds. C7 NOW, THEREFORE., BE IT RESOLVED that the C itV (OLloCil of the City olf C),akdalo hercbv supporis the efftlris of tile Silver Lake Associttioll ill seeklio- - .1 �l I lit t 10 cooll ('11-1 Pondweed and Eunasian Water Milfloil in Silver Lake f ecoloo'cal beneflits, votilic it) 1-rlvor Mavor Sarrack, Coun6lincrubers I)ou s, Klank i P, Ind UlKillber" VotHill Aoalllst: None. RCSOILI'LiOn (ILlIV SCCUTIded and passed this 28th day 2000, ,• N t t e s t � t. urm en Sa rrac k. Iv I a, or Leon M. Lillie State Representative r: CA DO, U "U \14arch 13, 2006 Wendy Crowell DNR Ecological Services ';00 Lafayette Read, Box 215 Saint Paul, NAN 5 5 l" 5 Dear Ms- Crowell Nlinnesota House of RepresentatiVes I am writing today in enthusiastic support of the Silver Lake Improvement Association and its grant application to help control invasive plants found in the lake I infortunately., Silver Lake is infestedw-ith E�urasian %vaterm ill' bil that needs attention to prevent, its - eatnient has been proposed to combat its m�gative effects oil hie lake's ecosystem. A lake-wide tr presence that would also provide long-term benefits to the lake. I coordinated effort is expected to achieve better results than previous selizvate attempts bN individual lando - net and the City of N 0. r in Saint Paul. � - Sinct: 1 support the lake association's proposal, I arn requesting the DNR help the lake assoemlion I s efforts by approving its application for a $10,000 grant. Local residents and the City of North Saint Paul also support the plan. I believe after reviewing the grOUP'S proposal YOU will find it is very worthy financial support and WOUld greatly beriefit from the D NR's &ssistance. Thank you in advance for your time and attention to this request. I"he City of North Saint Paul, tile Silver Late 11riprovernent Association and I %vould, gready apprecilate your support in this mauer. Z> Lake Improvement Association D . . . ................................... ......... ... . . . . ............... ......... Y Aquatic Engineering, 7 VI-m- Wu =-my-m"I : 11: 112; n !, V, - -, M, - VOW 1, 0 I'il M-"s Wow 207SKeNakil fi .R!, I'l, i i%II M— 0— 1: 1 �n FE--t-- W -F I:v 1'.,tE I W,I k., 1%4,:.i, Vop-i •MMA K . ""— %V 0 Wt —Wh.i :1t3-tt"I K t, I ppi ssl•l p—c—A '.4 i. Aq-►,ll K, I s tpE,111 ^i2 ii 11Y ,:,Hl, 14. U SZEQ� 1— %E- 0— M r3• le Mot 0 P, V. ,? dltS'xw'rri —4 4— Met— "MEN —&W 11W. 'Ik I 0� VIIJ,D A,i I'a", 14" - 1! q: 5. owl — U&A 014 =AH qfiawh $vlwe. LPA JJ..j Yq al'.1K --a U E.,,O.a d, 5xµ,. 27=17110 :::Sk "mm"."m 5 om— A '—'PE; A ., - WW WW--- « E, :' ' x . 1 x.9 Eu 4 4- J. Evujfljiil Pit Hudg"ar) ketivicsifin .1 auchtw trig by Aquatic Engineering, Inc. 1--1 .6.4 W,4, %9 2307Sfivnr Lake A qualik plaw Alonagement Prq Aqiverabllr'� W. w A mm — 1".—H ---j P "v --A MAPS MOM it ikitLrFti4a?.. 1 AiA n '11-- ' : 070" , W.!l hmum No. r #W. I Fj a k low local firing and ands and 6:30-8*130 PM At the Gladstone Fire Station MMWIHII�Wm 1, More information about this and other wetiand A workshops available online at www�rwmwd.org. Directions to the Gladstone Fire Station: R. from White Bear Avenue, go west on Fret Avenue 0 blocks to Clarence. Go north on Clarence one block. ,a got loto or plants, & Deed lots or helpers an hour or comefor three. To reaister tali the ve Tour I I LI I= V V A, I I ICU LJT,) is It-4 .— Led - . pl . i. .0 . Agenda Item L2 TO: Greg Copeland, City Manager FROM: Karen Guilfoile, Citizen Services Manager DATE: April 3, 2007 SUBJECT: INTOXICATING LIQUOR LICENSE APPLICATION Intmduction Douglas Selly has completed 8napplication for 8n on-sale intoxicating liquor license 8i T.G.I. Friday's, located at 3087 White Bear Avenue. Background A background check was conducted on Mr. Selly for the purpose of holding an on-sale intoxicating liquor license in the City of M8o|8vvoOd and nothing was identified that would prohibit him from holding this license. Mr. S9|k/ was born and raised in St. Paul in the Midway area. He has worked inthe restaurant business for a number of years including T.G.I. Friday's for the last four years. One of his business references said he is "a good person", "honest and dependable". This business reference has known Mr. G8Uy for about 12years. Chi8fThOnl8U8 has met with him to discuss nl88SurRS t0 Edinlinot8 the SG|8 of alcohol to underage persons, general security and retail crime issues, and the Maplewood Liquor |n the course of this investigation, 8taLeChnnin8|hioton/fikesvven]check8dak]ngvvhh contacts and warrants in the cities of Maple Grove, ROS8viU9, St. Louis P8rk, St. Paul, B|oonninQton, Minneapolis, Edin8, RobbinSd8|8 New Brighton, and K88p|8vvOod and the counties Cf Hennepin and Ramsey. Consideration Approval of the intoxicating liquor license iSrequested. Agenda Item L3 TO: Greg Copeland, City Manager FROM: Charles /\hL Public Works Director/City Engineer Michael Thompson, Civil Engineer I SUBJECT: Century Avenue Improvements (Brookview Drive to Lake Road) City Project 03-15; Resolution Ordering Preparation of Feasibility Study DATE: March 20, 2007 Ramsey CoVntv.in cooperation vvhhK�8o|8vvoVd.VV0odbVry,W1nD{]T, and VV8ShinotonCounty, is proposing maj nao0natnuCtonofCentUry/\venmebetweenBro0kvievvDhveondL8keRoad. As is standard for all public improvements, the city assesses those properties abutting the improvement area. Area residents are familiar with this project as nVnn8n}us hearings and meetings were held in 2004. A feasibility report iG needed tV begin the public improvement process. Background The project iS8tVrnbaCkVfTnJnkHighvv8y12UfrVnnK4nOOTtothe Counties and has been under review, and the subject Of various studies, since early in20O3. A joint submittal for federal funds bvRamsey County and Maplewood was supported by Washington County and MnDOT and has successfully identified over S5.0 million in federal money for the project in2U088nd2UO9. Because the roadway will change jurisdiction from 8 trunk highway to 8 joint County Flo8dvv8y, Mn[){]T is also providing major funding for the improvements. The project a|S0indude3irnprovennentatoV8||eyCnaekRoad,eastofCentUryAvenue. within the City Of Woodbury and Washington County. Preliminary analysis and environmental analysis occurred in2003 and 2O04. Ramsey County has been conducting preliminary design and has prepared a right Vf way plan during 2005 and 2OO8. The project schedule identifies property acquisition tOoccur during the next 12-1G months (through all 0f2OO7. into 2OO8) with the final design Of the project k}bS COnlp|eb3d in 2008 and C0OStnJCtiOD to start in 2000. It is anticipated that @ majority of the project will be completed by the end 0fthe construction season in2UO9. Attached iS8 map showing the project |irniLs. The City of Maplewood's share of this multi-million dollar improvement has been estimated at $315,000. We anticipate that it will be covered by a combination of assessments to adjacent properties and Municipal SL8k] Aid Funds. We anticipate that nnVn8y being necessary in 2008 and 2009. Public Hearings by the Council will b8 necessary in2OU7 aS part Vf that process. City staff needs to begin 8 feasibility study regarding the financial impacts on the city and begin analyzing funding sources including assessments. Staff recommends that the city council approve the attached resolution ordering the preparation of the feasibility study for the Century Avenue Improvements 09rOVkvievv Drive b] Lake Road) and appropriate $10,000 of future Municipal State Aid Street funds to prepare the study. Attachments: 1. Reso 2. Location Map Agenda Item L3 1:14:101011111111101• WHEREAS, it is proposed to make improvements to Century Avenue from Brookview Drive to Lake Road, City Project 03-15, in cooperation with Ramsey County, Woodbury, MnDOT, and Washington County, 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 • 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 the scope of the project and estimated financial impacts of the improvement as recommended. FURTHERMORE, funds in the amount • $10,000 are appropriated to prepare this feasibility report. Approved this 9th day of April 2007 SCALES IN FEET EDGE GlE.A ON AV' +2 FZGE A CENTURY AVENUE VALLEY CREEK ROAD PLAN D 20 -0 HI SCALE , AVE m P 9 'O 10 a0 50 GROSS LENGTH 9946.00 FEET 1.884 MILES GROSS LENGTH 3510.00 FEET 0.589 MILES PROFILE HORIZ. 0 1elr 50 zoo 750 - BRIDGE LENGTH - - -- - -- BRIDGE LENGTH ____ PROFILE VERT. 0 / EXCEPTIONS - - -- - - -- EXCEPTIONS - - -- - --- BEGIN 82 6 -20 C bay yr � RD. f 39 RAMS INDEX MAP 0 1250 2500 NET LENGTH 9946.00 FEET 1.884 MILES NET LENGTH 3110.00 FEET 0.589 MILES a � `� F �VfR aiRCH 4l60D OAKDALE . 94 1 £ {{ aQ3j a 4oTONR Tanno� BAN AY, GNU ➢SON LQN ➢tN H LONDIN LN. I_cY �G_ y 3 I SCENIC PL r} f y N 'E- RD. � �d4 494 HUDSON FL. Z o 0 F o H N o DRQ OKV IEW IIR. y {{ a MAILAND KING ST. y GIR. >- = CFAR!NQpd ca � IIR s .w w u, r WG0118 9 Z aZ END S.!p9P 62- 6722 l a a '� 7 B p V ALL" CRFf ' o-)0 4 MAY R LM c' ek E . - p �1 \DSJ`{J . 82�- 6 2 -M Viii 7EAKW GOD DR. RFY HU DR a JAMESF DR, w j » D �Tp CENTURY 4 3 POWERS AV POULICT PKW E ND SA SA i72 5 -20 L/ 1 R ➢. BR. u 9. o VALLEY \sIlCE I'_j_ / STA. 382+67.00 RIDGE ST,S� 3 MFTCHELL CT. AV. 1 1 1 o N E � L.1.1311 AVE. 494 � AYE. '3 r� EST q 35 H 9. HUNTINGTON Ltt g HLL AVE, t7YVDOD CC tD. MAIDMENT TERRACE 72 MAT {3 D. RN � C �ry SAP � y °g BEGIN SA.P. 62 - 6 2 ' i , s s 4a sx O�CARBF UPPER TON ROAD 3a1 GJti � WILLIR p TL £ % d A TIMBER FM DER TR: Aw CT. E. q O � CENTURY AVENUE RECOA+ 4 H ICy L' ,,, PHYLIS T. {" 3 � SG�P•-4"A. 2W .W 4 E- WOODBURY W VALLEYVIE AVE. )� EDGE GlE.A ON AV' +2 FZGE A COB AVE T28N R22 MA LEW 0 0 D U 2 1 'z A j I( HI SCALE , AVE P 9 'O SPRtICEVfR37CT. 3 / o yo BEGIN 82 6 -20 C bay yr � RD. f 39 (2't LIN — DEN S �z GAKWO➢p \4-4 VALLEY CREEK �AD a � `� F �VfR aiRCH 4l60D ST A- dyfl S 1 A. IL 1 5+6 d 00 . {{ aQ3j a 4oTONR U2 RD LQN ➢tN H LONDIN LN. d y 3 I I y N 39 � �d4 494 wP01� tt m LN. LN. Z eq P £ VEIR DR• MAIC RB, a MAILAND KING ST. y GIR. >- = CFAR!NQpd ca ? 3 V ALL" CRFf 7EAKW GOD DR. o a K 1 'SAD A @ CT CRESTVIEW UA.KRIDGE R. d DR• ff a CENi URY CIR. 4 3 HILLWOO➢ „ w POULICT PKW E ND SA SA i72 5 -20 L/ 1 R ➢. BR. u 9. o VALLEY \sIlCE p� ROAD RIDGE ST,S� 3 fen" AKRIDGE CT. 25 S 1 A. 4L7G7T .\dL7 L.1.1311 AVE. 494 '3 r� EST 9. HUNTINGTON Ltt g HLL AVE, t7YVDOD CC tD. MAIDMENT TERRACE 72 MAT {3 D. RN � C �ry SAP � y °g BEGIN SA.P. 62 - 6 2 ' �a�p C 1 s s 4a BEGIN SAP. 82-625--63 CTB � WILLIR p TL £ % d A TIMBER FM DER TR: Aw CT. Y q O � CENTURY AVENUE RECOA+ E NNDX H ICy L' ,,, PHYLIS T. {" 3 � SG�P•-4"A. 2W .W 4 £ LEYVIEW P . v o p d AtL V I p#� LVY � W VALLEYVIE AVE. )� �5 i " REGGh1 y HFGHWOQ➢ AVE. 74 COURTLY� RL. 9 A � M AMIE APPRO — DESIGN CENTURY AVENUE OENTURY AVENUE LOWER AFTON RD. VALLEY CRE ZTATION DESIGNATION LAKE ROAD TO LOWER AFTON TO LONDIN LANE TO CENTURY TO APPRO' CTION" LOWER AFTON BROOKVIEW DR. CENTURY AVE. WEIR DRIVE ) MANUAL PRESENT ADT (2006) 8,300 14,000 9,100 10,300 DRAY+ BY S BRITZ, D MEYER DAi 9-2 3 SHALL PROJECTED ADT (2026) 13,280 22,400 14,560 16,480 FUNCTIONAL CLASS MINOR ARTERIAL MINOR ARTERIAL MINOR ARTERIAL MINOR ARTERIAL ` DY s BRIrz DATE LAYOUTS, TRAFFIC LANES 4 4 4 4 ENG/ PARKING LANES 0 0 0 0 PLAN R DESIGN SPEED 40 MPH 40 MPH 50 MPH 40 MPH DATE I SHEET NO. & DESCRtPl10 tL LAWS BASED ON STOPPING DISTANCE XX-XX-POO61 STATE AID REVIEW COMMENTS d THE HEIGHT OF EYE: 3,50 FEET HEIGHT OF OBJECT: 2.00 FEET DESIGN DESIGNATION — BIKE PATH DESIGN SPEED — 20 MPH BASED ON: HEIGHT OF EYE: 4.50 FEET S.A.P. No. 62- 672 -05 CTB, S.A.P. No HEIGHT OF OBJECT: 0.0 FEET SAP No 82-625-03 CTB Agenda Item L4 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Jon Jarosch, Staff Engineer SUBJECT: Cottagewood Public Improvements, City Project 06-10, Resolution Ordering Preparation of Assessment Roll DATE: March 28, 2007 INTRODUCTION The Cottagewood Public Improvement project was approved in the fall of 2006. It was subsequently advertised for bids and awarded to Northdale Construction. The majority of the construction was completed in the fall of 2006. The next step in the improvement process is to prepare the assessment roll. Background The Cottagewood Public Improvements consisted of extending sanitary sewer and watermain in Highwood Avenue to service the Cottagewood Subdivision development, which was approved by the city council on August 28, 2006. Sanitary sewer main was extended from the intersection of Century and Highwood and watermain was extended from the intersection of New Century and Highwood. Highwood Avenue was also reconstructed between the development and Century Avenue. The majority of the work was completed in the fall of 2006. Work that remains to be completed includes the placement of a wear course on Highwood Avenue, turf establishment on the boulevard, and the correction of some settlement that has occurred over the winter. This work will be completed as soon as road restrictions are removed, weather permitting. Discussion The assessments costs are dependent upon the actual engineering fees and construction costs of the public improvements. These costs are to be assessed, in full, to the Cottagewood Development properties. It is recommended that the City Council approve the attached resolution for the Cottagewood Public Improvements, City Project 06-10: Ordering Preparation of the Assessment Roll Attachments: 1. Resolution Ordering Preparation of Assessment Roll 2. Location Map Agenda Item L4 RESOLUTION [}R[}EFf|NG ASSESSMENT ROLL HEARING WHEREAS, the city clerk and city engineer received bids for the Cottagewood Pub|iC Improvements, City Project 06-10. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion Of such proposed assessment notify the council • • LOCATION MAP -kR 11 I it' k'kl Agenda Item L5 TO: Greg Copeland, City Manager FROM: Charles /\h[ Director Of Public Works/City Engineer Bill Priefer, Public Works Operations Analyst SUBJECT: Desoto-Skillman Area Streets, City Project 06-16, and M0g[eOStM9et Improvements, City Project 06-17 /\DprOViDg Resolution to Advance Municipal State Aid Street Funds. MATE: 1 29, 200-7 Planned construction costs on our Municipal State Aid Street system during 2007 will create a cash flow issue with the current funding available in our State Aid Construction Account. |n order tO address this shortfall, we are able to apply for and receive an advance on future funds. Background Each year 8 certain amount nf money aL the state level is available LV cities in our situation for advance 9DCUOlb[8nQ8S. The funds have been severely limited the last few years, however. An advance encumbrance is essentially an interest-free loan tothe city to be repaid with future 8||Vtnn8nLG. This is 8 Q00d pn}0r8nn for cities like 0UrS that have aggressive construction pn}Qn8nns as it allows the utilization of funds that other cities are not using. This replaces the bonding that the City was considering and iSabond without interest expenses or issuance costs. Additionally, the City receives additional state aid funds to replace the borrowed funds. The State Aid advance funding guidelines allow municipalities k] advance UpLV five times their annual construction allotment. The 2OO7 allotment 0f$R15.850 allows Uato request upto$4 However, State Aid funds are limited again this year, and we were fortunate to receive an encumbrance for $1,734,000 for Use on our 2007 projects which include City Project 08-18. De8[to-Skillman Area Street |[npr0vS[nSOts and the signal improvements 8tlFH 61 and Beam Avenue for the K80g[8D-C@rK8ox project. It is recommended that the city council approve the attached resolution requesting 8nadvance encumbrance of $1,734,000 to our Municipal State Aid account. Attachment: Resolution Agenda Item L5 MUNICIPAL STATE AID STREET FUNDS ADVANCE RESOLUTION WHEREAS, the Municipality of Maplewood is planning to implement Municipal State Aid Street Projects in 2007 which will require State Aid funds in excess of those available in its State Aid Construction Account, and WHEREAS, said municipality is prepared to proceed with the construction of said projects through the use of an advance from the Municipal State Aid Street Fund to supplement the available funds in their State Aid Construction Account, and WHEREAS, the advance is based on the following determination of estimated expenditures: Account Balance as of March 29, 2007 $0 Less estimated disbursements: Project 138 - 128 -001 $1,150,000 Project 138 - 133 -002 $ 208,000 Project 138 - 122 -002 $ 188,000 Project 138 - 020 -032 $ 188,000 Total Estimated Disbursements $1,734,000 Advance Amount $1,734,000 WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subd. 6 and Minnesota Rules, Chapter 8820.1500, Subp. 10b, and WHEREAS, the Municipality acknowledges advance funds are released on a first -come- first -serve basis and this resolution does not guarantee the availability of funds. NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Projects of the Municipality of Maplewood in an amount up to $1,734,000. 1 hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of said Municipality in accordance with the schedule herein indicated: Repayment from entire future year allocations until fully repaid I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the Municipality of Maplewood, County of Ramsey, State of Minnesota, at a duly authorized Municipal Council Meeting held in the Municipality of Maplewood, Minnesota on the 9 day of April, 2007, as disclosed by the records of said Municipality on file and of record in the office. Municipality of Maplewood Municipal Clerk Agenda No.: N1 To: Greg Copeland, City Manager From: Bob Mittet, Finance & Administration Manager Date: April 5, 2007 Re: Firefighters Relief Association Board of Trustees Meeting Last night, April 2, 1 attended the meeting of the Board of Trustees. Among other items on the agenda was discussion of the auditor's Report on Internal Control. Two concerns were addressed in the report from HLB Tautges Redpath, Ltd. 1. "Responsibilities should be segregated so that no one individual has more than one of the following: custody, authorization and preparation." 2. "Management is responsible for establishing and maintaining effective internal controls. These controls include the responsibility for preparation, or oversight of the preparation of the financial statements in accordance with generally accepted accounting principles." After discussion, several suggestions were adopted that should be very beneficial in addressing the concerns raised above. These are: 1. Bank statements will be mailed or emailed directly to me by the banks and State Board of Investment. 2. Ed Dietz, Treasurer, will be removed as an approved check signer. The other three officers, President, Vice President and Secretary will be named as approved check signers. Any two of those three will be required to sign checks. 3. The State Board of Investment will be notified that they should only make transfers to the Morgan Stanley checking account belonging to the Relief Association. Transfers to any other account will not be allowed. 4. The Treasurer will prepare his Treasurer's Report two weeks prior to the board meeting and all board members will be required to acknowledge receipt of the report. 5. A committee will be formed to consider and recommend further enhancements to their systems of internal control. The first three adopted suggestions should address the auditor's first concern on segregation of duties. All five will partially address the second concern. This concern essentially requires the various board members to be more actively involved in the financial matters of the association and not relying on the auditor as the sole means of financial oversight. I discussed these matters with Deb Jezierski of HLB Tautges April 5, 2007 Redpath. She suggested that in addition to the above 5 steps, two others will be necessary. Those are, first, that Ed Dietz or more likely, myself will review the financial statements, including notes, to be certain that they are accurately stated and in agreement with the accounting records and, second, that a disclosure checklist be completed to assure that all potential financial disclosures are being given consideration for inclusion in the statements. The disclosure checklist will be provided to members of the board for review by HLB Tautges Redpath. The board did not include these controls in its discussion last night but I will be certain they are considered at a later date. The board is determined to remove these concerns from their report for next year. In fact, one of the board members expressed his disappointment at not having seen the audit report prior to my providing it to the City Council because he would have liked to have had the opportunity to address the auditor concerns. I am attaching an article addressing the changes resulting from Statement on Auditing Standards number 112. It is reasonable to expect that many smaller organizations are going to be impacted by this change in standards and many organizations will not have the means or the willingness to address these needs to the extent of the Firefighters Relief Association. 2 Nonprofit Insights New Accounting Standards And Your Year-end Audit It's important to understand that your nonprofit's audited financial statements are of interest to more than just the auditors. Private and community foundations, government agencies and private donors are often very savvy reviewers of nonprofit financial statements. Some groups even retain CPAs with nonprofit experience to review audited financial statements and assist in making funding decisions. These reviewers can easily spot financial statements that don't meet basic technical standards or do not include required information. Thus, the technical quality of your audited financial statements can impact the funding your group receives from these organizations and individuals. New Standards Released Recently released guidelines from the Auditing Standards Board (ASB) may impact the year-end audits of nonprofit organizations, requiring more extensive documentation and investigation by the auditor. Statement on Auditing Standards (SAS) number 112, in particular, will be effective for audits of financial statements for periods ending on or after December 15, 2006. SAS 11 2, Communicating Internal Control Related Matters Identified in an Audit, establishes standards and provides guidance concerning the auditor's assessment of the risks of material misstatement (whether caused by error or fraud) in a financial statement audit, and the design and performance of audit procedures. The standards are designed to create more effective audits as a result of better risk assessments and improved audit Page I of 3 http://www.bizonline-content.com/pkfnanlarticle.asp?cid=50&nid=9&pid=696827522&aid=860 414/2007 Nonprofit Insights design and performance. What You Need To Know Nonprofit managers should become familiar with the new requirements under SAS 112, which defines certain internal control deficiencies and requires that they be communicated by the auditor to a nonprofit organization's management. • SAS 112 requires auditors to evaluate the severity of all the internal control deficiencies they identify in an audit. Auditors must evaluate the likelihood and size of the potential misstatement to determine whether it is a "significant deficiency" or a "material weakness." e Auditors must communicate in writing all significant deficiencies or material weaknesses they identify. This also includes any significant deficiencies or material weaknesses that auditors identified in prior audits that the organization has not yet corrected. These communications should be made to "management and those charged with governance" within 60 days of the report's release. New Terms You Should Know Control deficiency — This occurs "when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis." Significant deficiency — This is a "control deficiency, or a combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's internal control." Material weakness — This is "a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control." Possible Impacts To Consider Nonprofit management should be aware of SAS I I 2's new requirements and the potential impacts, including the following: * New deficiencies identified under the new, broader definitions of reportable matters. * Noncompliance with donor restrictions or debt covenants. e Loss of low -risk audit status for Single Audits. * Need for additional staff to establish and/or monitor compliance with internal control, financial reporting and governance policies. Note also that the additional levels of detail and documentation required under these accounting standards may very well increase the complexity (and cost) of your organization's year-end audit. Make sure your audit committee is aware of these changes and discusses their impact with your auditor. Page 2 of 3 http://www.bizonline-content.com/pkfnanlarticle.asp?cid=50&nid=9&pid=696827522&aid=860 41412007 Nonprofit Insights Back to archive The articles in this newsletter are general in nature and are not a substitute for accounting, legal, or other professional services. We assume no liability for the reader's reliance on this information. Before implementing any of the ideas contained in this publication. consult a professional advisor to determine whether they apply to v_ our unique circumstances. D 2007 Page 3 of 3 httpal www. bizonline- content.com /pkfnanlarticle. asp ?cid= 50 &nid= 9 &pid= 696827522 &aid =860 414!200=7