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HomeMy WebLinkAbout2005 02-28 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, February 28, 2005 Council Chambers, City Hall Meeting No. 05-04 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country C. ROLL CALL Mayor's Address on Protocol: "Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through d~cult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments. " D. APPROVAL OF MINUTES 1. Clarification of Motion on Liquor License Violation Incentive Program-February 14, 2005 City Council Minutes 2. Minutes from the City Council/Manager Workshop-February 14, 2005 3. Minutes from the City Council Meeting-February 14, 2005 E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Carry Over of 2004 Appropriations to 2005 3. Resolution Amending Terms for Series 2004B Bonds 4. Waterfest Appropriations for 2005 5. Conditional Use Permit Review - Menard's (2280 Maplewood Drive) 6. Conditional Use Permit Review - Woodhill (2516 Linwood Avenue) 7. Conditional Use Permit Review - Highwood Farms Townhouses (2666 Highwood Avenue) 8. Conditional Use Permit Review -Saint Paul Business Center East (1983-2025 Sloan Place) 9. Late Fee Penalty for Business License's Ordinance-Second Reading 10. Venburg/Guldens Frontage Road Improvements, City Project 02-08, (04-04)-Resolution for Modification of the Existing Construction Contract, Change Order Nos. 1, 2, and 3 11. Hazelwood Street Improvements, City Project 03-39 -Resolutions for Restriction of Parking and Establishing an Urban District and Speed Zone 12. Public Works Building Addition -City Project 03-19 -Approve Application for Safety Grant 13. Pre-Hospital Medical Director Service Agreement H. PUBLIC HEARINGS 1. 7:00 p.m. Gladstone Neighborhood Development Moratorium Extension 2. 7:30 p.m. Code Amendment -Portable On-Demand Storage Units (POD'S) (First Reading) L AWARD OF BIDS J. UNFINISHED BUSINESS Sump Pump UI Reduction Program (Sanitary Sewer) -City Project 04-22 -Second Reading to Approve Ordinance Amendment Banning Clear Water Discharges to Sanitary Sewer K. NEW BUSINESS 1. Sterling Oaks Park Final Master Plan 2. Applewood Park Final Master Plan 3. County Road D Improvements and Bruce Vento Trail Extension -City Projects 02-07 and 04-25 -Approve Memorandum of Understanding for BNSF Rail Abandonment and Providing for Purchase of Right of Way by Ramsey County Regional Rail Authority L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS 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 O UR 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 respectfor each other, actively listen to one another, keep emotions in check and use respectful language. Agenda Item D1 MEMORANDUM TO: City Manager Richard Fursman FROM: Karen Guilfoile City Clerk RE: Clarification of Motion on Liquor License Violation Incentive Program DATE: February 22, 2005 Introduction At the February 14, 2005, meeting the city council imposed annual penalties for non- compliance by liquor license holders. There was much discussion held regarding an incentive program that was recommended. Staff is requesting clarification of the motion that was passed. It is understood that council approved imposing the recommended fines, what is not clear is if both parts of the suggested incentive program failed. The motion as presented to council on February 14, 2005 is as follows: Following past practice and criteria, it is recommended that the council impose the suggested fines attached,• implement an incentive program that includes a one-time S% discount on their annual license fee after remaining violation free for five consecutive years and after receiving a penalty and remaining violation free for five consecutive years the violation would be removed from their record. Recommendation Clarify for staff, by a revote if necessary, if both parts of the incentive program failed, or if the one-time 5% discount on annual license fee after remaining violation free for five consecutive years passed. MINUTES COUNCIL/MANAGER WORKSHOP Monday, February 14, 2005 Council Chambers, City Hall 6:03 p.m. A. CALL TO ORDER B. ROLL CALL C. D. Robert Cardinal, Mayor Will Rossbach, Acting Mayor Kathleen Juenemann, Councilmember Marvin Koppen, Councilmember Jackie Monahan-Junek, Councilmember Others Present: City Manager Fursman Assistant City Manager Coleman City Clerk Guilfoile APPROVAL OF AGENDA D2. Legal Discussion Absent (Arrived at 6:20) Present Absent Present Present Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Monahan-Junek Ayes-All NEW BUSINESS 1. TCCCF Presentation-No Report Agenda Item D2 Scott Martin, president of the Northland Institute, provided information on the business model of the Twin Cities Community Capital Fund. Assistant City Manager Coleman will follow up and provide council and legal staff with the information on the Management and Service Agreement. 2. Legal Discussion City Attorney Kelly noted that his firm has not been contacted by any legal authority at this point regarding the recent City of St. Paul allegations. City Council/Manager Warkshop 02-14-OS E. FUTURE TOPICS F. ADJOURNMENT Councilmember Koppen moved to adjourn at 6:51 p.m. Seconded by Councilmember Monahan-Junek Ayes-All City Council/Manager Warkshop 02-14-OS A. B. C. D. E. F. DRAFT--MINUTES MAPLEWOOD CITY COUNCIL 7:02 P.M. Monday, February 14, 2005 Council Chambers, City Hall Meeting No. OS-03 CALL TO ORDER: Agenda Item D3 A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 7:02 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES 1. Minutes from the Council/Manager Workshop, January 24, 2005 Councilmember Juenemann moved to approve the minutes from the January 24, 2005 City CounciUManager workshop as presented. Seconded by Councilmember Rossbach Ayes-All 2. Minutes from City Council Meeting-January 24, 2005 Councilmember Juenemann moved to approve the minutes from the January 24, 2005 City Council Meetin Jg anuary 24, 2005 as amended. Seconded by Councilmember Koppen Ayes-All APPROVAL OF AGENDA Ml . Rush Line Corridor Task Force M2. NEST Councilmember Monahan-Junek moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes-All APPOINTMENTS/PRESENTATIONS 1. Dispatch Consolidation Proposal-No Report a. City Manager Fursman presented the staff report and specifics from the report. City Counci102-14-OS b. Jim McDonough Chair of the Ramsey County Policy and Planning Committee, presented the County's position on exploring a City/County Dispatching Center consolidation. No action was taken. G. CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE: $ 204,861.00 Checks # 66052 thru # 66097 dated 01/25/05 $ 263,943.83 Disbursements via debits to checking account dated 01-14-OS thru 01-20-OS $ 6,260.00 Checks # 66098 thru # 66099 dated 01/26/05 thru 01/27/05 $ 761,281.80 Checks # 66100 thru # 66165 dated 02/01/05 $ 114,216.75 Disbursements via debits to checking account dated 01/21/05 thru 01/27/05 $ 188,604.94 Checks # 66166 thru # 66217 dated 02/03/05 thru 02/08/05 $ 4,014,560.42 Disbursements via debits to checking account dated 01/28/05 thru 02/03/05 $ 5,553,728.74 Total Accounts Payable Payroll Checks and Direct Deposits dated $ 636,874.13 01/28/05 Payroll Deduction check # 100345 thru # 100348 $ 4,162.42 dated 01/28/05 $ 641,036.55 Total Payroll $ 6,194,765.29 GRAND TOTAL City Counci102-14-OS 2 2. 2004 Fall Clean-up Results Accepted staff's 2004 Fall Clean up results report and staff's future recommendations for the 2005 Fall Clean-Up Event. 2005 Spring Clean-up Approved staff's recommendations for the 2005 Spring Clean-up event. 4. Conditional Use Permit Review -Carriage Homes of Maple Hills (Parkway Drive and Maple Hills Drive) Approved the conditional use permit for the planned unit development for the Carriage Homes of Maple Hills again only if a problem develops or of the owner proposes a major change to the site. Conditional Use Permit Review -Waldorf School (70 County Road B East) Approved to review the Conditional Use Permit for the Waldorf School at 70 County Road B East again only if the applicant proposes a change or if a problem arises. 6. Conditional Use Permit Review -Comfort Bus Company (1870 Rice Street North) Approved to review the conditional use permit for the bus maintenance and repair garage for Comfort Bus Company at 1870 Rice Street again in one year. 7. Conditional Use Permit Review -Heritage Square PUD (Legacy Parkway and Kennard Street) Approved to review the Conditional Use Permit for Heritage Square again in one year. Conditional Use Permit Review -Sandy Lake Soccer Fields (County Road B, west of I- 35E) Approved to review the conditional use permit for the Sandy Lake Soccer Field again in one year. 9. Conditional Use Permit Revision -Maplewood Business Center (1616 Gervais Avenue) Adopted the following resolution approving revisions to the conditions of approval for the conditional use permit for the Maplewood Business Center at 1616 Gervais Avenue: CONDITIONAL USE PERMIT REVISION RESOLUTION OS-02-012 WHEREAS, the Maplewood Community Development Director, representing the city, requested a revision to the conditional use permit for the Maplewood Business Center at 1616 Gervais Avenue. City Counci102-14-OS WHEREAS, this permit applies to the existing office/warehouse facility on the property at 1616 Gervais Avenue. The legal description is: EG Rogers' Garden Lots, subject to state highway and easements, the part north of TH 36 of Lots 11 and 12 in Section 10, Township 29, Range 22 (PIN 10-29-22-42-0001) WHEREAS, the history of this conditional use permit revision is as follows: 1. The city council held a public hearing to review this permit revision on January 24, 2005. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit revision for the following reasons: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. The approval of the permit revision is subject to the following conditions (the additions are underlined and the deletions are crossed out): All uses must meet the following requirements: City Counci102-14-OS The Minnesota Pollution Control Agency noise regulations shall apply. ~~ o o~~ b. Outdoor storage of materials will not be permitted without approval from Maplewood's Director of Community Development. 2. Occupancy permits must be obtained for each tenant space from the City Building Official as required by the State Building Code. 3. Those businesses involved with exterior vehicle storage, such as vehicle rentals or moving companies, shall have one parking space for each such vehicle, in addition to those required by City Code, on the site. 4. Adequate signing for vehicle and pedestrian traffic shall be provided, subject to the approval of the Director of Public Safety. 5. Approval of landscaping, building, and site design plans are required by the Community Design Review Board. The property owner shall have a detailed landscape and screening plan prepared for the area between the parking lot and Germain Street. This plan shall show how the new materials would provide screening that is at least six-feet-tall and at least 80 percent solid (code requirement) and landscaping should be located on both sides of the fence. This plan shall be subject to the approval of the Communi . Design Review Board and the owner shall implement the approved plan b,,~y 1, 2005. 6. As part of the required design review process, the applicant shall provide a detailed drainage and grading plan which provides for the five acre-feet of ponding required by the Maplewood Drainage Plan. 8. The property owner and the prope ,manager shall not allow ag rbage or trash pick-up between the hours of 11:00 p.m. and 5:30 a.m. 9. The property owner and prope ,manager shall be responsible for the maintenance and clean up of the ponding areas on their property. 10. The property owner shall post the driveways and drive aisles as no parkin zg ones. 11. The property owner shall review the paper distribution activities and take operational measures to reduce or eliminate noise. These measures should include but not be limited to; install rubber bumpers on the carts, train employees as to where to park and to be respectful of adioinin~ residences and maintain security staff to patrol during the evening and early mornin hg ours. 12. The city council shall review this hermit revision in six months (July 2 City Counci102-14-OS 10. County Road D Realignment (West), City Project 02-08 -Resolution for Modification of the Existing Construction Contract, Change Order Nos. 3 and 4 Adopted the following resolution directing the modification of the existing construction contract, Change Order Nos. 3 and 4, for the County Road D west Improvements (TH 61 to Walter Street), City Project 02-08: RESOLUTION OS-02-013 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02-08, CHANGE ORDER Nos. 3 and 4 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-08, County Road D Realignment (West) Improvements (TH 61 to Walter Street), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02-08, Change Order Nos. 3 and 4, as an increase to said contract by an amount of $73,315.35, such that the new contract amount is now and hereby established as $720,475.43. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order Nos. 3 and 4 as a contract increase in the amount of $73,315.35. The revised contract amount is $720,475.43. No revisions to the prof ect budget are required at this time, as these changes fall within the original project scope and budget. 11. Carlton Street Improvements, City Project 03-22 -Resolution for Modification of the Existing Construction Contract, Change Order No. 1 Adopted the following resolution directing the modification of the construction contract with Park Construction by $16,709.90 for the Carlton Street Improvements, City Project 03-22, by approving Change Order No. 1: RESOLUTION OS-02-014 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03-22, Carlton Street Improvements, Conway Avenue to Minnehaha Avenue, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 03-22, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and City Counci102-14-OS directed to modify the existing contract by executing said Change Order No. 1 in the amount of $16,709.90. The revised contract amount is $733,236.16. No revision to the financing plan is required at this time as all items fall within the approved budget. 12. Grading of Southwind Builders Site, City Project 04-31 -Resolution for Modification of the Existing Construction Contract, Change Order No. 1 Adopted the following resolution directing the modification of the construction contract with Forest Lake Contracting, Inc. with a deduction of ($121.36) as described in Change Order No. 1 for the grading of the Southwind Builders Site, City Project 04-31: RESOLUTION OS-02-015 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 04-31, Grading of Southwind Builders Site, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 04-31, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 in the amount of ($121.36). The revised contract amount is $183,317.14. No revision to the financing plan is required at this time as all items fall within the approved budget. Councilmember Koppen moved to adopt consent agenda items 1-2, 4-5, 7 and 10-12. Seconded by Councilmember Monahan-Junek Ayes-All Councilmember Juenemann moved to adopt consent agenda items 3, 6, 8 and 9. Seconded by Councilmember Koppen Ayes-All H. PUBLIC HEARINGS 1. 7:00 p.m. 2004 NPDES Phase II Annual Report City Manager Fursman presented the report. b. City Engineer Ahl and Environmental Manager Konewko presented specifics from the report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The City Counci102-14-OS following person was heard: John Schmahl, 2750 Chisholm Avenue, North St. Paul Linda Olson, Maplewood Community Design Review Boardmember d. Mayor Cardinal closed the public hearing. No action was taken. I. AWARD OF BIDS Tartan Ice Arena City Manager Fursman presented the staff report. b. Parks and Recreation Director Anderson presented specifics from the report. Councilmember Monahan-Junek moved to award a bid to Commercial Refrigeration in the amount of $358,077 includin,~ bid alternate 10 plus a $15,000 contingency account and payment to Stevens Engineers for $19,000 for a total project cost of $382,077 (each agency cost shall not exceed $129,999) for refrigeration improvement. Seconded by Councilmember Koppen Ayes-All J. UNFINISHED BUSINESS None K. NEW BUSINESS Alcohol and Tobacco Compliance Checks -Failures City Manager Fursman presented the staff report. b. REaL Director/City Clerk Guilfoile presented specifics from the report. c. The following persons were heard: Mike Gengler, Owner of Guldens, 6291 Jasmine Avenue, Mahtomedi David Warner, Sinclair Oil Corporation, 206 Mort Circle, Champlain Mayor Cardinal moved to impose the following suggested fines, implement an incentive program that includes aone-time 5% discount on the annual license fee after remaining violation free for five consecutive years (beginnin Jg anuary 1st, 2005) and after receiving a penalty and remaining violation free for five consecutive ,, e~beginnin Jg anuar~sts City Counci102-14-OS 2005) the violation would be removed from the record: Councilmember Juenemann made a friendly amendment to remove the proposed 5% incentive pro,~ram as a separate motion. Seconded by Councilmember Monahan-Junek Ayes-All 2004 Compliance Check Failures Intoxicating Liquor, Off-Sale, On-Sale, Club On-Sale, Wine On-Sale and Cigarette Licenses Business License Holder Current Cycle A=Alcohol/T=Tobacco Acapulco Mexican Restaurant A/2004 - $500 Applebee's Grill A/2004 - $500 Chalet Lounge A/2004 Current Owner $500 Chili's Restaurant A/2004 $500 Freedom Value Center T/2004 - $250 Garrity's A/2004 - $500 Gulden's A/2004 - $1,000 Keller Lake Convenience T/2004 - $250 Les's Superette T/2004 - $250 Oasis Market/White Bear A/2004 T/2004 - - $500 $500 Pond's at Battle Creek A/2004 - $500 Sinclair Station T/2004 2 Times - $750 Suzanne' Cuisine A/2004 - $1,000 Zalloum, Inc. T/2004 - $250 A-1 Liquor A/2004 - $500 Seconded by Councilmember Rossbach Ayes-All Mayor Cardinal moved to apply a one-time 5% discount on the annual license fee after remaining violation free for five consecutive ,, e~beginnin Jg anuary lst, 2005) and after receiving a penalty and remainin,~ violation free for five consecutive years (be~innin J~ anuary City Counci102-14-OS lst, 2005) the violation would be removed from the record. Seconded by Councilmember Rossbach Ayes-Mayor Cardinal and Councilmember Rossbach Nays-Councilmember Juenemann and Monahan-Junek Abstain-Councilmember Koppen Motion failed Councilmember Monahan-Junek moved to a fine of X1.000 on Bleechers at 2220 White Bear Avenue for a liquor license violation. Seconded by Councilmember Rossbach Ayes-All 2. Business Registration and Life/Safety Inspection Fee City Manager Fursman presented the staff report. b. REaL Director/City Clerk Guilfoile presented specifics from the report. c. Fire Chief Lukin answered council questions. Councilmember Juenemann moved to begin a Business Registration Program and a Life and Safe . Inspection Program with the applicable fees. Seconded by Councilmember Rossbach Ayes-All Late Fee Penalty for Business Licenses a. City Manager Fursman presented the staff report. b. REaL Director/City Clerk Guilfoile presented specifics from the report. Councilmember Monahan-Junek moved to adopt the first reading of the following amendment to the Businesses and Licensing Ordinance: Ordinance No. 859 Businesses and Licensing Sec. 14-27. ^,r^~~~~° ^~~'°°°. Fee Amounts and Penalty for Late Application and Payment. Unless otherwise specifically or expressly provided, the amount of any license fee for any license issued by the city shall be imposed, set, established and fixed by the city council, by resolution, from time to time. When a licensee or permit holder fails to make application for a renewal or to pay the required fee on or before the due date, the city will impose a penalty of $25.00 or 10% of the license fee whichever is greater of the two. Seconded by Councilmember Rossbach Ayes-All City Counci102-14-OS 10 4. Human Relations Commission a. City Manager Fursman presented the staff report. b. REaL Director/City Clerk Guilfoile presented specifics from the report. Councilmember Juenemann moved to suspend the HRC for a period of 6 months and directed staff to examine the current mission statement and goals of the commission and to propose revisions to better suit the climate and diversity of the community Seconded by Councilmember Koppen Ayes-All Maplewood Public Works Building Expansion (1902 County Road B East) Conditional Use Permit Revision Design Approval a. City Manager Fursman presented the staff report. b. Senior Planner Ekstrand presented specifics from the report. c. Jeff Oertel, Oertel Architects, provided further specifics on the proposed project. d. Boardmember Olson presented the Community Design Review Board Report e. Commissioner Dierich provided the Planning Commission Report. Councilmember Monahan-Junek moved to adopt the following resolution rg anting a conditional use permit revision for 1902 County Road B East for the expansion of the Maplewood Public Works Facility: CONDITIONAL USE PERMIT RESOLUTION REVISION OS-02-016 WHEREAS, Jeff Oertel, of Oertel Architects, applied for a conditional use permit revision for the Maplewood Public Works Facility: WHEREAS, this permit applies to property located at 1902 County Road B East. The legal description is: SECTION 14 TOWN 29 RANGE 22 PART NWLY OF SOO LINE RR R/W OF FOL; EX E 196 FT OF N 283 FT; THEW 256 FT OF NE 1/4 OF NW 1/4 & PART LYING E OF W 256 FT OF N 300 FT OF W 10.55 ACRES OF PART OF SD 1/4 1/4 (SUBJ TO RD) IN SEC 14 TN 29 RN 22 WHEREAS, the history of this conditional use permit is as follows: l . On January 20, 2005, the planning commission held a public hearing and recommended that the city council approve this permit. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. City Counci102-14-OS 11 2. On February 14, 2005, the city council reviewed this proposal. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above- described conditional use permit based on the building and site plans. The city approved this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (deletions are crossed out and additions are underlined): r,,,,,ri;~,,,.o .~.;~~, ~~o ,. ,,;~~, ,ao~;..,, ,- ~. ~,,,~,-,a ,- ,,,a~~;,,,,~ ~ nrr,-,,...,i „~~t,o ar.,;,,.,,.o ri.,,, ~.~. ~t,o v.,,,,~o~. u~.,~t,;,,,.~,,,, ~ao~,-„ u~.,~o,-~t,oa ~~ ao~;,.,,.,~;,,,, r^r ~t,o r oa ~;~o ro~o~~ ~~o ~ ors r ~i City Counci102-14-OS 12 1. All construction shall follow the plans date-stamped December 17, 2004. The director of community development may approve minor changes. 2. The proposed expansion of the facility outlined in this permit must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. 3. The city council shall review this hermit in one 4. This permit allows a waiver of the parking code to allow 23 fewer parking spaces than the code allows since there is adequate parking available for the existing use and the proposed expansion. Seconded by Councilmember Koppen Ayes-All Councilmember Monahan-Junek moved to approve the plans date-stamped December 17, 2004 for 1902 County Road B East for the expansion of the Maplewood Public Works Facilit~This approval is subject to the applicant and property owner complying with the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Comply with all requirements of the city engineer regarding grading, drainage, erosion control and utilities. The city engineer shall also review the design of the retention pond to prevent pollution that may result from the salt storage building. Tl city engineer should address if there is any existing salt contamination and if clean up is needed. 3. Any retaining walls over four feet tall shall be designed by a structural engineer and have a protective fence on top. Staff shall approve the retaining wall and fence design if used. 4. The proposed evergreen trees shall be at least six feet tall, balled and burla 5. With any regrading of the storage yard, the yard edge must be set back at least 15 feet from the southerly lot line. 6. Provide handicap-parking spaces in accordance with the building official's requirements. 7. Comply with the requirements of the fire marshal as noted in the staff report. 8. The director of community development may approve minor changes to these plans. 9. The following building materials and colors are to be used: the Calwall light-panel system, acream-colored fire retardant fabric on the storage building, varied City Counci102-14-OS 13 textured precast concrete tip-up panels on the maintenance building and a white colored overhead garage door. The architect shall provide a precast concrete tip-up sample for staff to approve other than the yellow sample that was provided at the CDRB meeting on January 25, 2005. Seconded by Councilmember Koppen Ayes-All 6. Public Works Building Expansion Project, City Project 03-19 -Approve Additional Funding and Adjust Project Budget City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to approve an additional $100,000 from the Environmental Utility Fund and $200,000 from the Fleet Mana,~ement Fund to expand the Public Works Building project budget; and directed the Finance Director to transfer the $300,000 into the project fund and to implement Option #3 as recommended by the Public Works Director for management of the Fleet Management Fund. Seconded by Councilmember Juenemann Ayes-All 7. Environmental Utility Fund -Approve Agreement with SEH for Purchase of Storm Water Management Portal City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Monahan-Junek moved to approve the agreement with SEH Inc., for the purchase of the Storm Water Management Portal and Authorized the Mayor and Mana eg r to sign the agreement for on-going service. Seconded by Councilmember Koppen Ayes-All 8. White Bear Avenue Improvements, City Project 02-21 -- Approve Resolution of Support for Ramsey County Request for Federal Funding for I-694/White Bear Avenue Interchange Preliminary Assessment and Environmental Engineering City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution a~roving su~ort for Ramsey Coun , in requesting federal funding for the I-694/White Bear Avenue interchange project to cover a preliminary assessment of options and environmental en ing eering_ RESOLUTION OS-02-017 CITY OF MAPLEWOOD I-694 AT WHITE BEAR AVENUE SUPPORT OF RAMSEY COUNTY REQUEST FOR FEDERAL FUNDS City Counci102-14-OS 14 WHEREAS, The City of Maplewood Council has adopted a comprehensive transportation plan for the Maplewood Mall Area Transportation Improvements, and WHEREAS, the Maplewood Mall Area Transportation System provides regional traffic services for the Northeast Metropolitan area, and WHEREAS, The White Bear Avenue Corridor between Beam Avenue and Buerkle Road is in need of substantial improvement, including replacement and expansion to meet mobility and congestion relief goals of the region that includes an expansion to the I-694/White Bear Avenue Interchange, and, WHEREAS, The City of Maplewood and the County of Ramsey have identified the need for improvement of the I-694/White Bear Avenue Interchange and the next identified task is to provide a preliminary assessment of improvement options to an interchange project along with the necessary environmental engineering analysis for the Corridor, and, WHEREAS, The County of Ramsey is proposing to request federal funding to assist with this necessary task of preliminary assessment and environmental engineering. NOW THEREFORE, BE IT RESOLVED: That the City Council of the City of Maplewood does hereby endorse the request for federal funding by Ramsey County for federal funding for the I-694/White Bear Avenue Interchange Improvement Project and encourages all parties to act favorably on the request for funding. Seconded by Councilmember Rossbach Ayes-All 9. Resolution Authorizing City Engineer to pursue Speed Limit Change on Holloway a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Monahan-Junek moved to adopt the following resolution establishing an Urban District Segment and Speed Zone on Holloway Avenue between McKnight Road and Century Avenue: RESOLUTION OS-02-018 ESTABLISHING AN URBAN DISTRICT SEGMENT AND SPEED ZONE ON HOLLOWAY AVENUE BETWEEN MCKNIGHT ROAD AND CENTURY AVENUE WHEREAS, jurisdiction of Holloway Avenue, between McKnight Road and Century Avenue, (T.H. 120) was transferred from Ramsey County to the cities of Maplewood and North St. Paul as part of a County Road turn back in 2004, and City Counci102-14-OS 15 WHEREAS, a 40 mph speed zone has existed east of Sterling Street prior to the roadway being turned over to the cities, and WHEREAS, the city council of Maplewood, jointly with the city council of North St. Paul, has determined that the above described segment meets the definition of an "urban district" as defined in Minnesota Statutes section 169.01, subdivision 59, and WHEREAS, under Minnesota Statute section 169.14, subdivision Sb, the governing body may by resolution declare the segment to be an urban district and may establish on the segment the speed limit for urban districts prescribed in subdivision 2, and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the above described segment be declared an "urban district" and a 30 mile per hour speed limit be established and posted on said segment according to Minnesota Statute 169.14, subdivision 2, subpart 1. BE IT FURTHER RESOLVED, that the City Engineer is hereby authorized and directed to forward a certified copy of the Resolution to the Commissioner of Transportation a minimum of 10 days prior to changing the posted speed limit signs from 40 mph to 30 mph. Seconded by Councilmember Koppen Ayes-All 10. Code Amendment -Pod's and Roll-Off Containers (First Reading) City Manager Fursman presented the staff report. L. M. b. Environmental Health Manager Konewko presented specifics from the report. Councilmember Koppen moved to table this item (the first reading of the Pod's and Roll'Off Containers ordinance 8601. Seconded by Mayor Cardinal Ayes-Mayor Cardinal, Councilmembers Koppen and Rossbach Nays-Councilmembers Juenemann and Monahan-Junek VISITOR PRESENTATIONS None COUNCIL PRESENTATIONS 1. Rush Line Task Force-Councilmember Rossbach provided an update on the current task force prof ects. 2. NEST-Councilmember Koppen gave a report on NEST and encouraged continued resident use of this convenient transportation option. N. ADMINISTRATIVE PRESENTATIONS City Counci102-14-OS 16 The counciUstaff retreat is scheduled for February 25~ 8:30 a.m. 4:30 p.m. at the Humanities Education Center, 987 East Ivy Avenue, St. Paul. O. ADJOURNMENT Councilmember Koppen moved to adjourn the meeting at 10:45 p.m. Seconded by Councilmember Juenemann Ayes -All City Counci102-14-OS 17 AGENDA NO. G-1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: February 28, 2005 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $ 204,146.21 Checks # 66218 thru # 66291 dated 02/11/05 thru 02/15/05 $ 126,685.43 Disbursements via debits to checking account dated 02/04/05 thru 02/10/05 $ 218,367.61 Checks # 66292 thru # 66351 dated 02/22/05 $ 266,945.80 $ 816,145.05 PAYROLL $ 443,754.29 $ 5,436.63 $ 449,190.92 Disbursements via debits to checking account dated 02/11/05 thru 02/17/05 Total Accounts Payable Payroll Checks and Direct Deposits dated 02/11/05 Payroll Deduction check # 100488 thru # 100493 dated 02/11/05 Total Payroll $ 1,265,335.97 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any question on the attached listing. This will allow me to check the supporting documentation on file if necessary. ds attachments c:\My Documents\Excel\Miscellaneous\05-AprClms 02-11 and 02-18 1 Check Register City of Maplewood vchlist 02/11/2005 12:35:57 PM Check Date Vendor 66218 66219 66220 66221 66222 66223 66224 66225 66226 66227 66228 66229 66230 66231 66232 66233 66234 66235 66236 66237 66238 66239 2/11 /2005 2/11 /2005 2/11 /2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 03304 BENCHMARK CABINETRY & ARCH 03248 MUSIC MAGIC 01190 XCEL ENERGY 00504 1ST LINE/LEEWES VENTURES LLC 00014 AT&T 01908 ADMINISTRATION, DEPT OF 03295 ASHWOOD, STEVE 00173 BELDEN, TIM 01869 BOETCHER, DALE 01865 BOWMAN, DON 00240 C.S.C. CREDIT SERVICES 00255 CAPITOL RUBBER STAMP CO. 03340 CARLSON & SOLDO PLLP 03302 CGAA BASKETBALL 02974 CORBAN GROUP INC, THE 01967 DAKOTA COUNTY FIRE CHIEFS ASSN 00384 DE LAGE LANDEN FINANCIAL SRVS 00412 DONALD SALVERDA & ASSOCIATES 00471 ERICKSON, VIRGINIA 00487 F.M. FRATTALONE EXC INC 02262 GEBO, ROBERT L 03339 GRAFFIC TRAFFIC LLC 66240 66241 66242 66243 66244 66245 66246 66247 66248 66249 66250 66251 66252 66253 66254 66255 66256 66257 66258 66259 66260 66261 66262 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 01867 HANSON, PERRY 00667 HEWLETT PACKARD 00677 HOME DEPOT -CREDIT SERVICES 00687 HUGO'S TREE CARE INC 00748 JAGOE, CAROL 02136 JOHNSON, DOUGLAS 00771 JOHNSON, RICK 01894 KELLY & FAWCETT PA 03021 KIMLINGER, JENNIFER 02612 KONEWKO, DUWAYNE 01874 KULAS, RONALD C. 00858 LEAGUE OF MINNESOTA 01083 MDR A 02823 MARTIN, JERROLD 03332 MC CARTY, GLEN 03023 MELANDER,JON 01051 MN OCCUPATIONAL HEALTH 03341 MOORHEAD POLICE FEDERATION 03022 MOTT, RANDALL 02091 NAUGHTON, JOHN 01173 NORTH METRO AUTOMOTIVE 01174 NORTH ST PAUL-MAPLEWOOD- 01202 NYSTROM PUBLISHING CO INC 66263 2/15/2005 01914 OLSON, ELIZABETH A 66264 2/15/2005 00001 ONE TIME VENDOR 66265 2/15/2005 00001 ONE TIME VENDOR 66266 2/15/2005 00001 ONE TIME VENDOR 66267 2/15/2005 00001 ONE TIME VENDOR 66268 2/15/2005 00001 ONE TIME VENDOR 66269 2/15/2005 01863 PACKER, ROGER 66270 2/15/2005 01295 PREMIER BANK 66271 2/15/2005 03287 PRO-WALL INC Description/Account CUSTOM CABINETS & INSTALL IN POLICE ENTERTAINMENT 2/11 PROJ 02-07 PREL ENGINEERING COSTS MERCH FOR RESALE MANAGED INTERNET SRV -JAN WIDE AREA NETWORK USAGE -DEC VOLLEYBALL REFEREE-18 REPAIR MCC PIANO VOLLEYBALL REFEREE-7 VOLLEYBALL REFEREE ASSIGNMENTS APPLICANT BACKGROUND CHECKS NOTARY STAMP MMS TRAINING 1/26 BASKETBALL LEAGUE OFFICIALS RMS CONSULTING FEE TRAINING REGISTRATIONS - 2 COPIER LEADERSHIP BOOKS REIMB FOR MEALS & PARKING 2/3 - 2/6 REF GRADING ESC - 1777 CO RD D VOLLEYBALL REFEREE-3 FIRE EXPLORER HATS FIRE EXPLORER HATS VOLLEYBALL REFEREE-18 PC DESKTOP SYSTEMS AS QUOTED.-- MISC SUPPLIES TREE TRIMMING & REMOVAL TREE TRIMMING & REMOVAL REIMB FOR MEAL & MILEAGE 2/2 REIMB FOR PARKING 12/8 TO 1/3/05 DEER PICK UP -JAN PROSECUTION SRVS -JAN LEGAL SERVICES -JAN VOLLEYBALL REFEREE-30 REIMB FOR REGISTRATION & MILEAGE VOLLEYBALL REFEREE-14 MEMBERSHIP DUES MEMBERSHIP REIMB FOR MEAL 2/3 REIMB FOR MEALS & BOOK 1/17 TO 1/31 VOLLEYBALL REFEREE-16 PRE-EMPLOYMENT PHYSICALS FIELD TRIAL REGISTRATIONS - 2 VOLLEYBALL REFEREE-15 REIMB FOR BOOTS REPAIR VEHICLE ROTARY MEMBERSHIP DUES COMMUNITY CENTER GUIDE NEWSLETTER - FEB VOLLEYBALL REFEREE-3 REF PATRICIA KRESSIN -MEMBERSHIP REF RWORTHINGTON - AMB 04005645 REF ANN RETZLOFF -BIRTHDAY PARTY REF STEVE WITT -MEMBERSHIP REF DAWN HUSO -PROGRAM FEE VOLLEYBALL REFEREE-22 SAFE DEPOSIT BOX 00149 RENT REF GRADING ESC - 1060 DENNIS LN Amount 5,000.00 300.00 15,400.00 450.00 1,013.60 392.00 396.00 90.00 154.00 558.00 88.00 20.00 800.00 180.00 182.90 40.00 161.88 180.36 85.51 1,500.00 66.00 220.00 32.00 396.00 8,434.80 97.28 553.80 1,331.25 19.12 31.08 100.00 9,825.00 17,648.11 660.00 62.36 308.00 183.75 495.00 8.00 50.60 352.00 3,046.00 100.00 330.00 165.00 204.46 175.00 1,035.18 3,343.00 66.00 181.05 181.00 99.04 55.91 35.00 946.00 75.00 500.00 2 Check 66272 66273 66274 66275 66276 66277 66278 66279 66280 66281 66282 66283 66284 66285 66286 66287 66288 66289 66290 66291 Date 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 2/15/2005 Vendor 01345 RAMSEY COUNTY 01337 RAMSEY COUNTY-PROP REC & REV 03206 RICHFIELD BUS COMPANY 02001 ROSEVILLE, CITY OF 02653 SIMPLEX GRINNELL LP 03278 SKRYPEK'S DAIRY QUEEN 01504 ST PAUL, CITY OF 01915 STEEPEN, NANCY 01527 STEEPEN, SCOTT 01537 STREAMLINE DESIGN INC. 01550 SUMMIT INSPECTIONS 01572 SYSTEMS SUPPLY, INC. 01578 T.R.F. SUPPLY CO. 01615 THERMO-DYNE, INC. 02069 ULTIMATE DRAIN SERVICES INC 01683 UNIFORMS UNLIMITED INC 01750 WATSON CO INC, THE 01872 WEBER, MARK 03297 WHITE BEAR MECHANICAL INC 01190 XCEL ENERGY 74 Checks in this report Description/Account NOTARY PUBLIC COMMISSION - 4 PROJ 02-13 SIGNAL EVP BUS RENTAL JOINT POWERS AGREEMENT -JAN & FEB ALARM SYSTEM MAINT CONTRACT BIRTHDAY CAKES -JAN PROJ 01-15 CTY ROAD D PROJECT PROJ 03-02 REPLACE GATED HYDRANT PROJ 02-14 INSTALL WATER SRV RADIO SRV &MAINT -JAN VOLLEYBALL REFEREE-4 REIMB FOR MEAL 2/3 SHIRTS ELECTRICAL INSPECTIONS INK CARTRIDGES JANITORIAL SUPPLIES POOL MAINT PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER PROJ 04-15 TELEVISE SEWER UNIFORMS AND LEATHER JACKETS MERCH FOR RESALE VOLLEYBALL REFEREE-14 REPLACE FURNACE WATER UTIL -STMT DATE 2/3/05 WATER UTILITIES -STMT DATE 2/3/05 Total checks Amount 400.00 3,856.28 419.25 1,250.00 2,579.96 164.25 15,456.82 2,716.74 5,055.98 373.94 88.00 6.00 15.00 2,024.20 386.60 415.24 2,620.00 160.00 160.00 415.00 375.00 160.00 400.00 160.00 275.00 275.00 160.00 160.00 160.00 160.00 185.00 350.00 160.00 160.00 350.00 160.00 160.00 375.00 160.00 275.00 185.00 300.00 160.00 160.00 9,271.95 333.55 308.00 3,868.00 8,709.40 59,263.01 204,746.27 3 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 01/28/05 02/04/05 WI Dept of Revenue State Payroll Tax 1,551.94 02/03/05 02/04/05 MN Dept of Natural Resources DNR electronic licenses 1,265.00 02/03/05 02/04/05 Pitney Bowes Postage 2,985.00 02/03/05 02/04/05 MN State Treasurer Drivers License/Deputy Registrar 12,861.00 02/04/05 02/07/05 MN State Treasurer Drivers License/Deputy Registrar 15,875.45 02/07/05 02/08/05 MN State Treasurer Drivers License/Deputy Registrar 13,978.81 02/08/05 02/09/05 MN State Treasurer Drivers License/Deputy Registrar 14,070.48 02/09/05 02/10/05 MN State Treasurer Drivers License/Deputy Registrar 11,550.93 02/04/05 02/10/05 Elan Financial Services* Purchasing card items 52,546.82 TOTAL 126,685.43 *Detailed listings of Elan purchasing card items are attached. 4 Transaction Review For Transactions posted between 01/22/2005 to 02/04/2005 Post Date Vendor Name 01/31/2005 01/28/2005 01/24/2005 01/24/2005 01/25/2005 O 1/27/2005 01/24/2005 01/24/2005 O 1/27/2005 01/28/2005 01/28/2005 02/01/2005 02/02/2005 02/03/2005 01/24/2005 01/26/2005 01/26/2005 01/26/2005 O 1/27/2005 02/01/2005 02/01/2005 02/01/2005 02/02/2005 02/03/2005 02/04/2005 02/04/2005 01/31/2005 01/31/2005 01/26/2005 02/04/2005 01/31/2005 01/24/2005 01/24/2005 01/24/2005 01/24/2005 01/24/2005 01/25/2005 01/26/2005 O 1/27/2005 01/31/2005 02/03/2005 02/04/2005 01/24/2005 01/24/2005 01/24/2005 01/24/2005 01/24/2005 O 1/27/2005 02/03/2005 02/01/2005 02/04/2005 O 1/27/2005 JIMMY JOHN'S WAL MART TARGET 00011858 LAKESHORE LEARNING STORE TWIN CITIES NOVELTIES ORIENTAL TRADING CO NORTHERN TOOL EQUIPMNT A-1 LAUNDRY & DRY CLEANIN GRAFIX SHOPPE SHRED-IT SHRED-IT MN PHOTO W W W.REGONLINE.COM UNIFORMS UNLIMITED INC POOLSIDE HENRIKSEN ACE HARDWARE VIKING ELECTRIC-ST. PAUL WALLY'S UPHOLS80110026 GOPHER BEARING COMPANY ALL MAIN STREET ELECTRIC MUSKA LIGHTING CENTER MUSKA LIGHTING CENTER US WATER SERVICES STATE SUPPLY CO. INC HENRIKSEN ACE HARDWARE MINNESOTA ELEVATOR INC UNIFORMS UNLIMITED INC HOLIDAY 523 MENARDS 3022 ESCH CONSTRUCTION SUPPLY UNIFORMS UNLIMITED INC PRO COLOR PRO COLOR PRO COLOR PRO COLOR KINKO'S #0617 USPS 2663650015 PARAGON POOL & PATIO WILL DISPLAYS 2 GO EPSON STORE S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS CRAMER BLDG SERVICES INC CRAMER BLDG SERVICES INC OFFICE MAX 00002204 ALL MAIN STREET ELEC ALL MAIN STREET ELEC C AIRE INC NEXTEL WIRELESS SVCS TARGET 00011858 URBAN LAND INSTITUTE TIME WARNER CABLE Settlement Amt Cardholder Name 2/7/2005 247.50 R CHARLES AHL 19.87 SCOTT ANDREWS 6.33 MANDY ANZALDI 88.10 MANDY ANZALDI 133.98 MANDY ANZALDI 47.85 MANDY ANZALDI 21.29 JOHN BANICK 28.91 JOHN BANICK 360.00 JOHN BANICK 129.87 JOHN BANICK 106.56 JOHN BANICK 391.25 JOHN BANICK 175.00 JOHN BANICK 26.50 JOHN BANICK 34.83 JIM BEHAN 24.48 JIM BEHAN 92.48 JIM BEHAN 873.16 JIM BEHAN 39.03 JIM BEHAN 770.00 JIM BEHAN 19.55 JIM BEHAN 1,067.56 JIM BEHAN 420.68 JIM BEHAN 187.75 JIM BEHAN 21.28 JIM BEHAN 284.27 JIM BEHAN 77.00 BRIAN BIERDEMAN 11.44 OAKLEY BIESANZ 21.16 RON BOURQUIN 499.48 RON BOURQUIN 57.94 DANIEL BUSACK 33.28 HEIDI CAREY 33.28 HEIDI CAREY 33.28 HEIDI CAREY 33.30 HEIDI CAREY 46.01 HEIDI CAREY 13.65 HEIDI CAREY 23.71 HEIDI CAREY -358.60 HEIDI CAREY 220.06 HEIDI CAREY 19.83 HEIDI CAREY 15.36 HEIDI CAREY 291.25 STEVE CARLSON 98.50 STEVE CARLSON 20.58 STEVE CARLSON 1,060.00 STEVE CARLSON 360.00 STEVE CARLSON 703.03 STEVE CARLSON 262.77 CHRISTOPHER CAVETT 26.26 MELINDA COLEMAN 55.95 MELINDA COLEMAN 109.79 LINDA CROSSON 5 Post Date Vendor Name 01/28/2005 USPS 2663650015 02/02/2005 GE CAPITAL 02/01/2005 TERRYBERRY COMPANY 02/03/2005 S & T OFFICE PRODUCTS 01/24/2005 WALGREEN 00016873 01/28/2005 NORTHWEST LASERS INC 02/01/2005 MARSHALL FLDS 00020172 01/28/2005 NAPA AUTO PARTS # 28438 01/25/2005 SPARTAN PROMOTIONAL GRP 01/26/2005 CDW GOVERNMENT INC 01/28/2005 SOFTWARE HOUSE INTL 01/31/2005 HP DIRECT-PUBLICSECTOR 02/01/2005 GOLDCOM INC 02/02/2005 CDW GOVERNMENT INC 02/02/2005 CDW GOVERNMENT INC 02/03/2005 THE HOME DEPOT 2801 01/24/2005 CIRCUIT CITY SS #3137 01/24/2005 CIRCUIT CITY SS #3137 01/27/2005 THE HOME DEPOT 2801 01/31/2005 OFFICE MAX 00002204 01/24/2005 SPRINT PCS #226 02/02/2005 SPRINTPCS AUTOPYMT RC1 02/04/2005 ALPINE INTERNET CYBER 01/31/2005 DAMS LOCK & SAFE 02/02/2005 EAT INC 01/31/2005 HENRIKSEN ACE HARDWARE 01/31/2005 CUB FOODS, INC. 01/24/2005 KNOWLANS #2 01/31/2005 BARNES & NOBLE #2227 02/03/2005 TRUCK UTILITES INC 01/24/2005 NORTHERN TOOL EQUIPMNT 01/25/2005 S & T OFFICE PRODUCTS 01/26/2005 S & T OFFICE PRODUCTS 02/02/2005 S & T OFFICE PRODUCTS 02/04/2005 S & T OFFICE PRODUCTS 01/24/2005 NAPA AUTO PARTS # 28438 02/03/2005 NORTHERN TOOL EQUIPMNT 02/04/2005 FERGUSON ENT #1650 01/27/2005 RHODE ISLAND NOVELTY 01/25/2005 EXPRESS BUSINESS SYSTEM 01/28/2005 ACD SYSTEMS 800-563-71 01/28/2005 HP DIRECT-PUBLICSECTOR 01/31/2005 IDEACOM MID-AMERI01 OF O1 01/31/2005 IDEACOM MID-AMERI01 OF O1 02/02/2005 ADT SECURITY SERVICES 01/26/2005 CUB FOODS-SUN RAY 01/31/2005 BYERLY'S ST. PAUL 02/04/2005 SNYDER DRUG #5076 02/04/2005 SNYDER DRUG #5076 01/27/2005 DALCO ENTERPRISES, INC 01/27/2005 ALL MAIN STREET ELEC 01/28/2005 DALCO ENTERPRISES, INC 01/24/2005 APPLEBEE'S INV00161281 01/27/2005 ARBY'S #214 Q52 01/27/2005 MING'S GARDEN 01/31/2005 TACO HOUSE OF MAPLEWOOD Settlement Amt Cardholder Name 4.75 LINDA CROSSON 149.10 LINDA CROSSON 994.19 ROBERTA DARST 13.69 ROBERTA DARST 12.75 RICHARD DOBLAR 438.70 JOHN DUCHARME 54.36 ALICE DUNN 39.88 PAUL E EVERSON 49.00 GREG FINN 1,505.82 MYCHAL FOWLDS 2,380.30 MYCHAL FOWLDS 1,582.59 MYCHAL FOWLDS 155.93 MYCHAL FOWLDS 3,004.17 MYCHAL FOWLDS 2,504.71 MYCHAL FOWLDS 1.45 MYCHAL FOWLDS 95.84 NICK FRANZEN 95.84 NICK FRANZEN 10.45 NICK FRANZEN 494.13 NICK FRANZEN 244.94 RICHARD FURSMAN 115.33 RICHARD FURSMAN 6.00 RICHARD FURSMAN 26.63 CLARENCE GERVAIS 210.00 CLARENCE GERVAIS 13.96 MIKE GRAF 33.99 MIKE GRAF 5.16 JANET M GREW HAYMAN 26.57 JANET M GREW HAYMAN 38.87 MARK HAAG 7.10 JODI HALWEG 19.48 LORI HANSON 70.63 LORI HANSON 12.08 LORI HANSON 9.27 LORI HANSON 11.38 GARY HINNENKAMP 42.58 GARY HINNENKAMP 16.27 GARY HINNENKAMP 91.39 RON HORWATH 604.00 STEVE HURLEY 29.99 STEVE HURLEY 1,936.17 STEVE HURLEY 70.29 STEVE HURLEY 234.57 STEVE HURLEY 157.28 STEVE HURLEY 24.11 ANN E HUTCHINSON 49.24 ANN E HUTCHINSON 5.80 ANN E HUTCHINSON 2.89 ANN E HUTCHINSON 526.94 DAVID JAHN 550.00 DAVID JAHN 337.88 DAVID JAHN 32.00 KEVIN JOHNSON 6.72 KEVIN JOHNSON 6.40 KEVIN JOHNSON 7.44 KEVIN JOHNSON 6 Post Date Vendor Name 01/31/2005 02/04/2005 01/28/2005 01/24/2005 01/24/2005 01/28/2005 01/31/2005 01/31/2005 01/25/2005 01/24/2005 02/02/2005 02/03/2005 02/03/2005 02/01/2005 01/25/2005 01/24/2005 01/24/2005 01/31/2005 01/31/2005 O 1/27/2005 01/28/2005 02/04/2005 01/25/2005 O 1/27/2005 01/28/2005 01/31/2005 02/04/2005 02/02/2005 02/02/2005 01/25/2005 02/03/2005 02/03/2005 O 1/27/2005 02/02/2005 02/03/2005 O 1/27/2005 01/31/2005 01/31/2005 02/04/2005 01/31/2005 02/01/2005 02/02/2005 02/03/2005 02/03/2005 02/04/2005 02/04/2005 01/24/2005 01/31/2005 01/24/2005 02/04/2005 01/24/2005 01/26/2005 01/25/2005 01/26/2005 01/26/2005 O 1/27/2005 UNIFORMS UNLIMITED INC SUBWAY #10659 TRUCK UTILITES INC CINTAS FIRST AID #0431 CINTAS FIRST AID #0431 AMERICAN FASTENER00 OF 00 AMERICAN FASTENER & SUPPL UNIFORMS UNLIMITED INC T J T-SHIRTS UNIFORMS UNLIMITED INC TRAVELOCITY.COM UNITED AIR 0161117948182 UNIFORMS UNLIMITED INC VERIZON WRLS I2KW RE3 DALCO ENTERPRISES, INC THE HOME DEPOT 2810 OFFICE MAX 00005272 DALCO ENTERPRISES, INC NORTHERN TOOL EQUIP-MN MENARDS 3022 MENARDS 3022 TWIN CITY HARDWARE EMERGENCY APPARATUS MAINT USPS 2663650015 METRO SALES INC O1 OF O1 NORMS TIRE SALES, NORMS TIRE SALES, UNIFORMS UNLIMITED INC UNIFORMS UNLIMITED INC HUNT ELECTRIC CORPORATION HENRIKSEN ACE HARDWARE U OF M- CCE CLASSES ARCH WIRELESS PUMP AND METER SERVICE IN PUMP AND METER SERVICE IN KATH AUTO PARTS THE HOME DEPOT 2801 THE HOME DEPOT 2801 S & T OFFICE PRODUCTS APCO INTERNATIONAL TARGET 00011858 EMERGENCY MEDICAL PROD EMERGENCY MEDICAL PROD BATTERIES PLUS S & T OFFICE PRODUCTS BLUE RIBBON BAIT & TACKL OFFICE MAX 00002204 FITZCO INC CINTAS FIRST AID #0431 METRO SALES INC O1 OF O1 KATH AUTO PARTS MERIT CHEVROLET KATH AUTO PARTS TRUCK UTILITES INC TRI STATE BOBCAT TRI STATE BOBCAT Settlement Amt Cardholder Name 276.21 KEVIN JOHNSON 5.85 KEVIN JOHNSON 3.43 DON JONES 40.68 MICHAEL KANE 16.49 MICHAEL KANE 33.02 MICHAEL KANE -33.02 MICHAEL KANE 44.48 FLINT KARIS 396.00 MARY B KOEHNEN 181.58 DAVID KVAM 5.00 DAVID KVAM 376.80 DAVID KVAM 47.93 DAVID KVAM 45.13 SHERYL L LE 36.74 MICHAEL LIDBERG 18.96 MICHAEL LIDBERG 12.94 MICHAEL LIDBERG 246.30 MICHAEL LIDBERG 6.38 MICHAEL LIDBERG 105.63 DENNIS LINDORFF 27.08 DENNIS LINDORFF 40.35 DENNIS LINDORFF 213.92 STEVE LUKIN 13.65 STEVE LUKIN 227.00 STEVE LUKIN 40.33 STEVE LUKIN 801.00 STEVE LUKIN 149.64 JASON MARINO 255.36 JASON MARINO 3,480.06 MARK MARUSKA 140.75 MARK MARUSKA 100.00 MARK MARUSKA 37.46 ED NADEAU 673.62 ED NADEAU 184.45 ED NADEAU 108.63 BRYAN NAGEL 16.78 BRYAN NAGEL 5.22 BRYAN NAGEL 88.43 AMY NIVEN 239.00 MARSHA PACOLT 33.80 KURT PARSONS 533.19 KURT PARSONS 208.56 KURT PARSONS 31.16 KURT PARSONS 17.92 KATHLEEN PECK HALL 14.86 ROBERT PETERSON 151.26 PHILIP F POWELL 332.88 PHILIP F POWELL 14.64 WILLIAM J PRIEFER 335.00 WILLIAM J PRIEFER 199.67 STEVEN PRIEM 12.05 STEVEN PRIEM -31.95 STEVEN PRIEM 47.16 STEVEN PRIEM 107.55 STEVEN PRIEM 105.00 STEVEN PRIEM 7 Post Date Vendor Name 01/27/2005 CATCO PARTS &SERV #1 01/28/2005 COMO LUBE & SUPPLOI OF O1 01/28/2005 SUNRAY BTB 01/28/2005 CATCO PARTS &SERV #1 01/31/2005 AMERICAN FASTENER00 OF 00 01/28/2005 SOI SNAP-ON INDUSTRIAL 01/31/2005 KATH AUTO PARTS 01/31/2005 BAUER BULT TRE33200023 01/31/2005 SIP STATEINDUSTRIAL US 02/01/2005 JOHN FRYE DISTRIBUTING 02/01/2005 WINTER EQUIPMENT CO INC 02/02/2005 TOUSLEY FORD I27200039 02/02/2005 SUNRAY BTB 02/02/2005 KREMER SPRING AND ALIGNME 02/02/2005 KREMER SPRING AND ALIGNME 02/03/2005 TOUSLEY FORD I27200039 02/04/2005 TOUSLEY FORD I27200039 02/04/2005 KATH AUTO PARTS 01/25/2005 NEXTEL WIRELESS SVCS 02/02/2005 BAUDVILLE/IDVILLE 01/27/2005 DALCO ENTERPRISES, INC 02/03/2005 THE HOME DEPOT 2801 02/04/2005 THE HOME DEPOT 2801 02/04/2005 THE HOME DEPOT 2801 01/24/2005 CARMELOS RISTORANTE 01/26/2005 TARGET 00007518 01/27/2005 GRAND RIGS WATER PARK 02/02/2005 COSTUME CUZZINS 1ST FANT 02/04/2005 MICHAELS #2744 02/02/2005 SEARS ROEBUCK 1122 01/26/2005 S & T OFFICE PRODUCTS 01/27/2005 MINUTEMAN PRESS 01/27/2005 S & T OFFICE PRODUCTS 01/28/2005 S & T OFFICE PRODUCTS 01/31/2005 S & T OFFICE PRODUCTS 01/31/2005 S & T OFFICE PRODUCTS 02/02/2005 S & T OFFICE PRODUCTS 02/02/2005 S & T OFFICE PRODUCTS 02/02/2005 CURTIS 1000 01/26/2005 ARAMARK REF SVS #6013- 02/02/2005 T-MOBILE 01/24/2005 HANCOCK FABRICS 6199 01/25/2005 S & T OFFICE PRODUCTS 01/26/2005 S & T OFFICE PRODUCTS 01/26/2005 S & T OFFICE PRODUCTS 01/27/2005 S & T OFFICE PRODUCTS 01/31/2005 S & T OFFICE PRODUCTS 02/03/2005 CUB FOODS, INC. 01/24/2005 BATTERY TECH CENTRAL 01/26/2005 MENARDS 3059 01/31/2005 VIKING ELECTRIC-DIST CNTR 01/27/2005 ANCOM TECHNICAL CENTER IN 01/31/2005 EAT INC 02/03/2005 NORMS TIRE SALES, 02/04/2005 NARDINI FIRE EQUIPMENT CO 01/27/2005 FOREST PRODUCTS SUPPLY Settlement Amt Cardholder Name 10.00 STEVEN PRIEM 107.18 STEVEN PRIEM 129.02 STEVEN PRIEM 218.90 STEVEN PRIEM 33.02 STEVEN PRIEM 781.12 STEVEN PRIEM 97.74 STEVEN PRIEM 129.01 STEVEN PRIEM 157.20 STEVEN PRIEM 50.04 STEVEN PRIEM 1,434.15 STEVEN PRIEM 64.88 STEVEN PRIEM 158.54 STEVEN PRIEM 1,156.52 STEVEN PRIEM 502.02 STEVEN PRIEM 128.68 STEVEN PRIEM -37.28 STEVEN PRIEM 157.76 STEVEN PRIEM 2,066.07 KEVIN RABBETT 134.06 TERRIE RAMEAUX 53.22 MICHAEL REILLY 31.92 MICHAEL REILLY -31.92 MICHAEL REILLY 21.27 MICHAEL REILLY 42.28 AUDRA ROBBINS 7.65 AUDRA ROBBINS 100.00 AUDRA ROBBINS 127.91 AUDRA ROBBINS 37.16 AUDRA ROBBINS 53.24 JAMES SCHINDELDECKER 6.88 DEB SCHMIDT 112.37 DEB SCHMIDT 70.00 DEB SCHMIDT -28.52 DEB SCHMIDT 32.10 DEB SCHMIDT 26.88 DEB SCHMIDT 6.88 DEB SCHMIDT -6.88 DEB SCHMIDT 41.25 DEB SCHMIDT 484.95 RUSSELL L SCHMIDT 45.96 SCOTT SCHULTZ 16.40 PAULINE STAPLES 277.49 JOANNE M SVENDSEN 81.54 JOANNE M SVENDSEN 102.33 JOANNE M SVENDSEN -103.35 JOANNE M SVENDSEN 3.00 JOANNE M SVENDSEN 48.98 RONALD SVENDSEN 598.00 RUSTIN SVENDSEN 104.26 RUSTIN SVENDSEN 87.83 RUSTIN SVENDSEN 484.59 RUSTIN SVENDSEN 26.63 RUSTIN SVENDSEN 534.00 RUSTIN SVENDSEN 170.40 RUSTIN SVENDSEN 63.90 LYLE SWANSON 8 Post Date Vendor Name 01/31/2005 VALLEY LETTERING 00 OF 00 01/31/2005 HIRSHFIELD'S MAPLEWOOD 01/31/2005 DAMS LOCK & SAFE 02/01/2005 HENRIKSEN ACE HARDWARE 02/02/2005 T-MOBILE 01/24/2005 QWESTCOMM TN651 01/27/2005 THC THOMSON HEALTHCARE 01/27/2005 THC THOMSON HEALTHCARE 01/26/2005 U OF M CCE ON LINE 01/27/2005 CENTURY BOOKSTORE 02/02/2005 SEARS ROEBUCK 1122 01/27/2005 ST PAUL STAMP WORKS IN 02/03/2005 OFFICE MAX 00002204 01/28/2005 UNIFORMS UNLIMITED INC 01/24/2005 PIONEER PRESS SUBSCRIPTI 01/27/2005 MIKES LP GAS INC 01/28/2005 NWA AIR 0122112604499 01/28/2005 TRAVEL PURCHASE Settlement Amt Cardholder Name 75.00 LYLE SWANSON 42.82 LYLE SWANSON 82.39 LYLE SWANSON 7.43 DOUGLAS J TAUBMAN 104.50 DOUGLAS J TAUBMAN 333.23 JUDY TETZLAFF 59.95 DAVID J THOMALLA 59.95 DAVID J THOMALLA 240.00 CHARLES J VERMEERSCH 76.00 CHARLES J VERMEERSCH 5.31 JOSEPH WATERS 79.19 JUDY WEGWERTH 122.63 JUDY WEGWERTH 227.00 JAY WENZEL 8.30 SUSAN ZWIEG 10.15 SUSAN ZWIEG 232.40 SUSAN ZWIEG 191.94 SUSAN ZWIEG 52,546.82 9 Check Register City of Maplewood vchlist 02/18/2005 11:01:21 AM Check Date Vendor 66292 66293 66294 66295 66296 66297 66298 66299 66300 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 01622 3M SYMPHONY ORCHESTRA 00058 AICHELE, CRAIG 01811 BERNATELLO'S PIZZA INC 03342 BLOOMER PROPERTIES LLC 00392 COMMERCE, DEPT OF 02205 CORNER MARKING CO 00487 F.M. FRATTALONE EXC INC 00499 FAUST, DANIEL 00520 FLOR, TIMOTHY W 66301 66302 66303 66304 66305 66306 66307 66308 66309 66310 66311 66312 66313 66314 66315 66316 66317 66318 66319 66320 66321 66322 66323 66324 66325 66326 66327 66328 66329 66330 66331 66332 66333 66334 66335 66336 66337 66338 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 2/22/2005 01923 FREBERG, RON 03283 GENERAL SECURITY SERVICES CORP 03343 GHIZONI PRODUCTIONS 02158 HANSEN, LORI 03224 HARRIS -BILLINGS CO INC, THE 02352 HINCKLEY CHEVROLET & GMAC 03330 HOISINGTON KOEGLER GROUP INC 03051 HUGO, KIRK 00702 I CMA 00718 INDEPENDENT SCHOOL DIST #622 00718 INDEPENDENT SCHOOL DIST #622 00718 INDEPENDENT SCHOOL DIST #622 00721 INDEPENDENT SPORTS NETWORK 01971 JACKSON, MARY 03087 JACOBSON, SCOTT A 00809 KONG, TOMMY 00856 LE, SHERRIE L 02966 LU, JOHNNIE 00908 M R P A 00932 MAPLEWOOD BAKERY 00945 MASYS CORP 01126 MN NCPERS LIFE INSURANCE 01160 NEWMAN TRAFFIC SIGNS 01175 NORTH ST PAUL, CITY OF 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 01560 ONYX WASTE SRVS MIDWEST INC 02043 OVERHEAD DOOR COMPANY 01239 PALANK, MARY KAY 01254 PEPSI-COLA COMPANY 01302 PRIEM, STEVEN 03198 PROUD PAINTERS 01337 RAMSEY COUNTY-PROP REC & REV 66339 2/22/2005 01360 REINHART FOODSERVICE 66340 2/22/2005 03344 ROSSBACH, WILL 66341 2/22/2005 03265 SAWHORSE INC 66342 2/22/2005 03238 SCHULTIES PLUMBING INC Description/Account SYMPHONY ORCHESTRA CONCERT 1/23 REIMB FOR MILEAGE 2/14 MERCH FOR RESALE PROJ 02-07 R-O-W ACQUISITION CONTINUING EDUC SPONSOR NOTARY STAMP REF GRADING ESC - HIGHPOINT RIDGE REIMB FOR MEAL 2/16 REIMB FOR MEALS & LODGING 2/2 TO 2/6 REIMB FOR TUITION & BOOKS REIMB FOR COVERALLS MCC DIGITAL VIDEO SURVEILLANCE SYS JULY 4TH MUSIC -DOWN PAYMENT REIMB FOR MILEAGE 2/10 INSTALL PARTITIONS 2005 CHEVROLET IMPALA PROJ 04-21 GLADSTONE REDEV REF GRADING ESC - 2437 LINWOOD PERFORMANCE MEASUREMENT PROG BASKETBALL GYM SUPERVISION BASKETBALL GYM SUPERVISION POOL RENTAL & BLDG SUPV BASKETBALL GYM SUPERVISION REFEREE & SCORING SRVS 1/29 - 2/12 REIMB PARKING & MILEAGE 2/14 REIMB FOR MILEAGE -JAN REIMB FOR MEAL 2/11 REIMB FOR RETIREMENT PLAQUE REIMB FOR MEAL 2/11 AGM REGISTRATION BIRTHDAY CAKE BIRTHDAY CAKES BIRTHDAY CAKES BIRTHDAY CAKE STRATUS SOFTWARE MAINT -MAR PERA LIFE INSURANCE - FEB SIGN SUPPLIES MONTHLY UTIL -BILL DATE 2/15 REF VANG FANG - AMB 04012414 REF ELIZABETH ARDEN - LIC FEE REF RICHARD ESBOLT - PR#04-15 SEWER REF STEVEN BOTTARI -MEMBERSHIP REF EMMA NORTON SRVS -MEMBERSHIP REF JUDITH LETOURNEAU -MEMBERSHIP REF GWEN RAHN -PARKS &REC PROG RECYCLING -JAN ROLLING STEEL DOOR REPLACEMENT REIMB FOR MILEAGE 2/10 MERCH FOR RESALE REIMB FOR MILEAGE 2/14 PAINT RESTROOM CAMPING SRVS 7/1 THRU 12/31 CAMPING SRVS 7/1 THRU 12/31 CAMPING SRVS 7/1 THRU 12/31 CAMPING SRVS 7/1 THRU 12/31 MERCH FOR RESALE MERCH FOR RESALE REIMB FOR INTERNET FEES REF GRADING ESC - 2674 ELM ST N REF ESCROW - 740 MEYER ST N REF ESCROW - 750 MEYER ST N Amount 291.50 16.20 216.00 27,000.00 100.00 21.51 70,179.38 15.00 541.43 664.88 83.98 9,228.70 750.00 15.66 2,967.50 18,488.78 17,759.93 2,137.67 5,000.00 584.00 158.00 158.50 153.80 1,272.00 9.10 16.20 7.99 97.93 8.00 27.50 15.25 64.00 45.75 15.25 738.68 293.00 1,266.50 2,075.35 618.00 381.00 270.00 248.48 84.00 60.30 51.00 16,194.01 7,900.00 16.20 310.35 17.01 845.00 206.97 668.14 700.60 311.34 261.71 410.65 205.94 526.71 250.00 250.00 10 Check Date Vendor Description/Account Amount 66343 2/22/2005 01455 SHORTREED, MICHAEL REIMB FOR MEALS 48.00 66344 2/22/2005 01526 STATE TREASURER SPRING SEMINAR REGISTRATION - 4 140.00 66345 2/22/2005 02069 ULTIMATE DRAIN SERVICES INC PROJ 04-15 TELEVISE SEWER 225.00 PROJ 04-15 TELEVISE SEWER 160.00 PROJ 04-15 TELEVISE SEWER 225.00 PROJ 04-15 TELEVISE SEWER 160.00 PROJ 04-15 TELEVISE SEWER 160.00 PROJ 04-15 TELEVISE SEWER 160.00 PROJ 04-15 TELEVISE SEWER 425.00 PROJ 04-15 TELEVISE SEWER 160.00 PROJ 04-15 TELEVISE SEWER 275.00 PROJ 04-15 TELEVISE SEWER 350.00 PROJ 04-15 TELEVISE SEWER 275.00 PROJ 04-15 TELEVISE SEWER 375.00 PROJ 04-15 TELEVISE SEWER 225.00 PROJ 04-15 TELEVISE SEWER 350.00 PROJ 04-15 TELEVISE SEWER 160.00 PROJ 04-15 TELEVISE SEWER 160.00 PROJ 04-15 TELEVISE SEWER 425.00 PROJ 04-15 TELEVISE SEWER 160.00 PROJ 04-15 TELEVISE SEWER 350.00 PROJ 04-15 TELEVISE SEWER 160.00 PROJ 04-15 TELEVISE SEWER 160.00 66346 2/22/2005 01683 UNIFORMS UNLIMITED INC LEVEL 3A VEST 769.50 66347 2/22/2005 01728 VOYAGEUR ASSET MGMT INC INV MGMT SRVS 983.00 66348 2/22/2005 01734 WALSH, WILLIAM P. COMM PLUMBING INSP 874.56 66349 2/22/2005 01828 WEAVER, KRIS A REIMB FOR MEAL & MILEAGE 2/2 12.08 66350 2/22/2005 01798 YOCUM OIL CO. UNL MID-GRADE 89 OCTANE GAS 10,554.49 66351 2/22/2005 01805 ZIEGLER INC. REPAIR CIRCLE ASSEMBLY 6,613.65 60 Checks in this report Total checks : 218,367.61 11 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 02/10/05 02/11 /05 02/10/05 02/11 /05 02/11 /05 02/11 /05 02/11 /05 02/14/05 02/11 /05 02/11 /05 02/15/05 02/16/05 02/14/05 02/11 /05 02/11 /05 02/11 /05 02/14/05 02/14/05 02/14/05 02/14/05 02/15/05 02/15/05 02/15/05 02/16/05 02/17/05 02/17/05 MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources MN State Treasurer U.S. Treasurer P.E.R.A. Orchard Trust MN State Treasurer MN State Treasurer Federal Reserve Bank MN State Treasurer MN State Treasurer ARC Administration TOTAL 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 Savings Bonds Drivers License/Deputy Registrar Drivers License/Deputy Registrar DCRP & Flex plan payments Amount 18,078.37 9,256.10 711.50 18,697.63 92,630.53 51,285.16 25,769.84 12,702.84 17,620.64 250.00 11, 073.24 7,115.18 1,754.77 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 02/11/05 CARDINAL, ROBERT 422.42 dd 02/11/05 JUENEMANN, KATHLEEN 371.77 dd 02/11/05 KOPPEN, MARVIN 371.77 dd 02/11/05 MONAHAN-JUNEK, JACQUELINE 371.77 dd 02/11/05 ROSSBACH, WILLIAM 371.77 dd 02/11/05 COLEMAN, MELINDA 4,233.20 dd 02/11/05 DARST, ROBERTA 1,673.54 dd 02/11/05 FURSMAN, RICHARD 4,638.25 dd 02/11/05 SWANSON, LYLE 1,752.36 dd 02/11/05 LE, SHERYL 4,083.50 dd 02/11/05 RAMEAUX, THERESE 2,353.34 dd 02/11/05 FAUST, DANIEL 4,253.24 dd 02/11/05 SCHMIDT, DEBORAH 1,442.95 dd 02/11/05 ANDERSON, CAROLE 1,875.24 dd 02/11/05 BAUMAN, GAYLE 3,287.76 dd 02/11/05 JACKSON, MARY 1,802.95 dd 02/11/05 KELSEY, CONNIE 2,433.22 dd 02/11/05 TETZLAFF, JUDY 1,802.95 dd 02/11/05 FRY, PATRICIA 1,673.36 dd 02/11/05 GUILFOILE, KAREN 2,980.98 dd 02/11/05 OSTER, ANDREA 1,771.56 dd 02/11/05 CARLE, JEANETTE 1,616.46 dd 02/11/05 FIGG, SHERRIE 2,004.32 dd 02/11/05 JAGOE, CAROL 1,623.81 dd 02/11/05 JOHNSON, BONNIE 1,236.51 dd 02/11/05 MOY, PAMELA 889.10 dd 02/11/05 OLSON, SANDRA 1,409.19 dd 02/11/05 WEAVER, KRISTINE 1,744.48 dd 02/11/05 BANICK, JOHN 3,687.40 dd 02/11/05 CORCORAN, THERESA 1,731.75 dd 02/11/05 POWELL, PHILIP 2,246.22 dd 02/11/05 RICHIE, CAROLE 1,736.37 dd 02/11/05 SPANGLER, EDNA 451.00 dd 02/11/05 THOMALLA, DAVID 4,247.72 dd 02/11/05 ABEL, GLINT 2,221.78 dd 02/11/05 ALDRIDGE, MARK 2,438.72 dd 02/11/05 ANDREWS, SCOTT 3,191.12 dd 02/11/05 BAKKE, LONN 2,847.18 dd 02/11/05 BELDE, STANLEY 2,353.31 dd 02/11/05 BIERDEMAN, BRIAN 1,985.68 dd 02/11/05 BOHL, JOHN 2,552.33 dd 02/11/05 BUSACK, DANIEL 2,265.84 dd 02/11/05 COFFEY, KEVIN 2,235.97 dd 02/11/05 GROTTY, KERRY 2,665.92 dd 02/11/05 DOBLAR, RICHARD 2,986.85 dd 02/11/05 DUNN, ALICE 2,500.45 dd 02/11/05 GABRIEL, ANTHONY 1,714.05 dd 02/11/05 HEINZ, STEPHEN 3,069.94 dd 02/11/05 HIEBERT, STEVEN 2,665.84 dd 02/11/05 JOHNSON, KEVIN 3,135.13 dd 02/11/05 KARIS, FLINT 2,749.92 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 02/11/05 KONG, TOMMY 2,329.49 dd 02/11/05 KROLL, BRETT 2,510.22 dd 02/11/05 KVAM, DAVID 3,257.27 dd 02/11/05 CARSON, DANIEL 2,265.84 dd 02/11/05 LU, JOHNNIE 2,860.46 dd 02/11/05 MARINO, JASON 2,283.59 dd 02/11/05 MARTIN, JERROLD 2,353.31 dd 02/11/05 MCCARTY, GLEN 2,226.52 dd 02/11/05 METRY, ALESIA 2,106.19 dd 02/11/05 NYE, MICHAEL 1,584.25 dd 02/11/05 OLSON, JULIE 2,605.32 dd 02/11/05 RABBETT, KEVIN 3,450.09 dd 02/11/05 STEFFEN, SCOTT 3,054.42 dd 02/11/05 SZCZEPANSKI, THOMAS 2,441.20 dd 02/11/05 TRAN, JOSEPH 2,505.36 dd 02/11/05 WENZEL, JAY 2,436.67 dd 02/11/05 XIONG, KAO 2,201.18 dd 02/11/05 BARTZ, PAUL 2,599.12 dd 02/11/05 BERGERON, JOSEPH 3,302.78 dd 02/11/05 DUGAS, MICHAEL 2,142.36 dd 02/11/05 ERICKSON, VIRGINIA 2,571.83 dd 02/11/05 EVERSON, PAUL 2,294.89 dd 02/11/05 FLOR, TIMOTHY 2,481.34 dd 02/11/05 FRASER, JOHN 2,966.92 dd 02/11/05 HALWEG, JODI 1,694.08 dd 02/11/05 L'ALLIER, DANIEL 1,289.78 dd 02/11/05 LANGNER, SCOTT 1,913.85 dd 02/11/05 PALMA, STEVEN 2,616.98 dd 02/11/05 PARSONS, KURT 1,895.01 dd 02/11/05 THIENES, PAUL 2,752.94 dd 02/11/05 DAWSON, RICHARD 1,805.25 dd 02/11/05 DUELLMAN, KIRK 1,805.25 dd 02/11/05 GJERTSON, MARK 553.00 dd 02/11/05 JOHNSON, DOUGLAS 1,792.15 dd 02/11/05 NOVAK, JEROME 1,805.25 dd 02/11/05 PETERSON, ROBERT 1,882.83 dd 02/11/05 SVENDSEN, RONALD 1,882.83 dd 02/11/05 GERVAIS-JR, CLARENCE 2,729.91 dd 02/11/05 BAUER, MICHELLE 2,202.40 dd 02/11/05 COUNIHAN, WILLIAM 136.00 dd 02/11/05 FLAUGHER, JAYME 1,810.16 dd 02/11/05 HERMANSON, CHAD 1,024.25 dd 02/11/05 HUBIN, KENNARD 1,569.35 dd 02/11/05 LAFFERTY, WALTER 1,892.85 dd 02/11/05 LINK, BRYAN 2,091.86 dd 02/11/05 PACOLT, MARSHA 2,339.34 dd 02/11/05 RABINE, JANET 2,475.59 dd 02/11/05 STAHNKE, JULIE 2,471.75 dd 02/11/05 LUKIN, STEVEN 3,731.90 dd 02/11/05 SVENDSEN, RUSTIN 2,991.94 dd 02/11/05 ZWIEG, SUSAN 1,952.44 dd 02/11/05 DOLLERSCHELL, ROBERT 282.07 dd 02/11/05 AHL, R. CHARLES 4,329.30 dd 02/11/05 NNEN, AMY 1,198.43 dd 02/11/05 PRIEFER, WILLIAM 2,604.66 dd 02/11/05 WEGWERTH, JUDITH 1,752.28 14 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 02/11/05 BRINK, TROY 2,190.72 dd 02/11/05 DEBILZAN, THOMAS 2,054.71 dd 02/11/05 EDGE, DOUGLAS 1,963.35 dd 02/11/05 JONES, DONALD 2,418.85 dd 02/11/05 K.ANE, MICHAEL 2,941.68 dd 02/11/05 LUTZ, DAVID 2,174.77 dd 02/11/05 MEYER, GERALD 2,310.42 dd 02/11/05 NAGEL, BRYAN 2,720.53 dd 02/11/05 OSWALD, ERICK 2,644.27 dd 02/11/05 TEVLIN, TODD 2,099.27 dd 02/11/05 CAVETT, CHRISTOPHER 3,270.46 dd 02/11/05 DUCHARME, JOHN 2,323.66 dd 02/11/05 ENGSTROM, ANDREW 1,668.11 dd 02/11/05 JACOBSON, SCOTT 1,554.95 dd 02/11/05 KNUTSON, LOIS 1,091.28 dd 02/11/05 LABEREE, ERIN 2,274.95 dd 02/11/05 LINDBLOM, RANDAL 2,536.96 dd 02/11/05 MURRA, AARON 335.23 dd 02/11/05 PECK, DENNIS 2,330.59 dd 02/11/05 PRIEBE, WILLIAM 2,325.97 dd 02/11/05 VERMEERSCH, CHARLES 2,128.23 dd 02/11/05 ANDERSON, BRUCE 4,199.42 dd 02/11/05 CAREY, HEIDI 1,991.75 dd 02/11/05 HALL, KATHLEEN 1,749.97 dd 02/11/05 MARUSKA, MARK 2,649.16 dd 02/11/05 NAUGHTON, JOHN 1,746.29 dd 02/11/05 SCHINDELDECKER, JAMES 1,824.46 dd 02/11/05 BIESANZ, OAKI,EY 1,544.78 dd 02/11/05 HAYMAN, JANET 1,468.29 dd 02/11/05 HUTCHINSON, ANN 2,221.50 dd 02/11/05 NELSON, JEAN 1,131.02 dd 02/11/05 SEEGER, GERALD 625.35 dd 02/11/05 GAYNOR, VIRGINIA 1,957.35 dd 02/11/05 EKSTRAND, THOMAS 2,898.01 dd 02/11/05 KROLL, LISA 1,198.54 dd 02/11/05 LIVINGSTON, JOYCE 1,165.23 dd 02/11/05 SINDT, ANDREA 1,586.15 dd 02/11/05 THOMPSON, DEBRA 712.66 dd 02/11/05 YOUNG, TAMELA 1,474.95 dd 02/11/05 FINWALL, SHANN 312.62 dd 02/11/05 ROBERTS, KENNETH 2,567.43 dd 02/11/05 CARVER, NICHOLAS 2,728.26 dd 02/11/05 FISHER, DAVID 3,234.20 dd 02/11/05 RICE, MICHAEL 1,846.95 dd 02/11/05 SWAN, DAVID 1,936.55 dd 02/11/05 KONEWKO, DUWAYNE 2,600.55 dd 02/11/05 ANZALDI, KALI 494.00 dd 02/11/05 BJORK, ALICIA 221.00 dd 02/11/05 FINN, GREGORY 2,133.02 dd 02/11/05 GOODRICH, CHAD 330.00 dd 02/11/05 GRAF, MICHAEL 1,890.59 dd 02/11/05 KELLY, LISA 1,496.21 dd 02/11/05 MCBRIDE, PATRICK 175.00 dd 02/11/05 NIEMAN, JAMES 214.50 dd 02/11/05 NIEMCZYK, BRIAN 175.00 dd 02/11/05 OHLHAUSER, MEGHAN 159.38 15 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 02/11/05 ROBBINS, AUDRA 1,997.38 dd 02/11/05 SHERRILL, CAITLIN 303.75 dd 02/11/05 TAUBMAN, DOUGLAS 2,797.48 dd 02/11/05 WERNER, KATIE 335.75 dd 02/11/05 BREHEIM, ROGER 1,826.77 dd 02/11/05 GERMAIN, DAVID 1,841.39 dd 02/11/05 NORDQUIST, RICHARD 2,177.67 dd 02/11/05 SCHULTZ, SCOTT 2,344.44 dd 02/11/05 ANZALDI, MANDY 1,251.60 dd 02/11/05 COLEMAN, PHILIP 240.00 dd 02/11/05 COLLINS, ASHLEY 169.40 dd 02/11/05 CRAWFORD - JR, RAYMOND 261.80 dd 02/11/05 CROSSON, LINDA 2,486.83 dd 02/11/05 EVANS, CHRISTINE 708.12 dd 02/11/05 PELOQUIN, PENNYE 715.75 dd 02/11/05 SCHMIDT, RUSSELL 2,007.26 dd 02/11/05 SCHULZE, BRIAN 423.06 dd 02/11/05 STAPLES, PAULINE 2,898.01 dd 02/11/05 BENDTSEN, LISA 104.48 dd 02/11/05 BRENEMAN, NEIL 586.43 dd 02/11/05 CRAWFORD, RAYMOND 120.00 dd 02/11/05 DEL ROSARIO, THERESA 19.50 dd 02/11/05 ERICKSON-CLARK, CAROL 89.00 dd 02/11/05 ESTRADA, KIEL 118.00 dd 02/11/05 FONTAINE, KIM 912.75 dd 02/11/05 GREDVIG, ANDERS 337.24 dd 02/11/05 HALEY, BROOKE 174.00 dd 02/11/05 HORWATH, RONALD 1,978.42 dd 02/11/05 IRISH, GRACE 95.60 dd 02/11/05 JONES, LACEY 60.75 dd 02/11/05 KOEHNEN, AMY 84.60 dd 02/11/05 KOEHNEN, MARY 1,355.89 dd 02/11/05 KRONHOLM, KATHRYN 669.80 dd 02/11/05 NELSON, SIERRA 81.25 dd 02/11/05 OVERBY, ANNA 47.90 dd 02/11/05 POTTRATZ, DIANE 128.73 dd 02/11/05 PROESCH, ANDY 506.62 dd 02/11/05 SCHMIDT, LINDSEY 39.00 dd 02/11/05 SHAW, KRISTINA 125.15 dd 02/11/05 SMITH, ANN 206.25 dd 02/11/05 TUPY, HEIDE 192.00 dd 02/11/05 TUPY, MARCUS 377.73 dd 02/11/05 WERNER, REBECCA 58.50 dd 02/11/05 WHITE, NICOLE 595.10 dd 02/11/05 GROPPOLI, LINDA 371.25 dd 02/11/05 HANSON, ELIZABETH 57.00 dd 02/11/05 KURKOSKI, STEPHANIE 104.74 dd 02/11/05 LONETTI, MARGARET 262.01 dd 02/11/05 BEHAN, JAMES 1,702.83 dd 02/11/05 LONETTI, JAMES 1,021.81 dd 02/11/05 MILES, LAURA 104.25 dd 02/11/05 PATTERSON, ALBERT 1,167.92 dd 02/11/05 PRINS, KELLY 1,002.46 dd 02/11/05 REILLY, MICHAEL 1,580.55 dd 02/11/05 AICHELE, CRAIG 1,978.87 dd 02/11/05 PRIEM, STEVEN 2,443.73 16 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 02/11/05 BERGO, CHAD 2,255.29 dd 02/11/05 FOWLDS, MYCHAL 1,976.78 dd 02/11/05 FRANZEN, NICHOLAS 1,512.86 dd 02/11/05 HURLEY, STEPHEN 3,370.74 wf 100358 02/11/05 FRAZIER, JOSEPH 50.00 wf 100359 02/11/05 INGVOLDSTAD, CURTIS 71.88 wf 100360 02/11/05 CARLSON, STEVEN 1,838.34 wf 100361 02/11/05 JAHN, DAVID 1,727.78 wf 100362 02/11/05 MORIN, TROY 182.75 wf 100363 02/11/05 MATHEYS, ALANA 1,973.48 wf 100364 02/11/05 GENNOW, PAMELA 630.50 wf 100365 02/11/05 HANSEN, LORI 1,679.76 wf 100366 02/11/05 PALANK, MARY 1,763.46 wf 100367 02/11/05 SVENDSEN, JOANNE 1,786.59 wf 100368 02/11/05 SHORTREED, MICHAEL 3,141.16 wf 100369 02/11/05 STEINER, JOSEPH 384.00 wf 100370 02/11/05 WELCHLIN, CABOT 2,687.06 wf 100371 02/11/05 FREBERG, RONALD 2,533.51 wf 100372 02/11/05 JAROSCH, JONATHAN 299.63 wf 100373 02/11/05 EDSON, DAVID 2,198.18 wf 100374 02/11/05 HELEY, ROLAND 2,161.15 wf 100375 02/11/05 HINNENKAMP, GARY 2,185.39 wf 100376 02/11/05 LINDORFF, DENNIS 1,826.77 wf 100377 02/11/05 NOVAK, MICHAEL 2,377.55 wf 100378 02/11/05 GERNES, CAROLE 308.06 wf 100379 02/11/05 SOUTTER, CHRISTINE 103.13 wf 100380 02/11/05 ADAMS, CAILIN 40.00 wf 100381 02/11/05 BERGEE, BEN 31.50 wf 100382 02/11/05 BERGEE, RON 39.00 wf 100383 02/11/05 BIAGI, NICHOLAS 112.00 wf 100384 02/11/05 BROZAK, KATHERINE 320.00 wf 100385 02/11/05 ERICKSON, AMY 36.00 wf 100386 02/11/05 FREYBERGER, RACHEL 280.00 wf 100387 02/11/05 GREEN, DANIEL 31.50 wf 100388 02/11/05 GREENER, DOUGLAS 90.00 wf 100389 02/11/05 HANNIGAN, BRADY 31.50 wf 100390 02/11/05 HARGROVE, CAYLA 122.50 wf 100391 02/11/05 HAWKES, SCOTT 84.00 wf 100392 02/11/05 HENTON, DELANO 73.50 wf 100393 02/11/05 HJELMGREN, NICOLE 27.00 wf 100394 02/11/05 HOLDER, MICHAEL 39.00 wf 100395 02/11/05 HOLDER, MOLLY 31.50 wf 100396 02/11/05 JOHNSON, ALEXANDER 63.00 wf 100397 02/11/05 KL,EM, JOSH 75.00 wf 100398 02/11/05 LANCETTE, JOSHUA 31.50 wf 100399 02/11/05 LANDE, JOSEPH 45.00 wf 100400 02/11/05 CARSON, RYAN 121.50 wf 100401 02/11/05 MESSEROLE, KELSEY 19.50 wf 100402 02/11/05 MUELLNER, CHRISTOPHER 172.50 wf 100403 02/11/05 NAPOLI, ANGELICA 19.50 wf 100404 02/11/05 NIEMCZYK, EMILY 66.00 wf 100405 02/11/05 O'SHEA, CASSANDRA 22.50 wf 100406 02/11/05 PRENDERGAST, MATTHEW 33.00 wf 100407 02/11/05 PREW, WILLIAM 66.00 wf 100408 02/11/05 SHOBERG, KARI 165.00 wf 100409 02/11/05 SIEMERS, PAUL 78.00 17 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 100410 02/11/05 SIKORA, PAUL 45.00 wf 100411 02/11/05 STACKPOLE, QUINN 37.00 wf 100412 02/11/05 SVOBODA, MICHAEL 21.00 wf 100413 02/11/05 TARR-JR, GUS 32.00 wf 100414 02/11/05 YORKOVICH, BRADLEY 45.50 wf 100415 02/11/05 ZUSTIAK, CODY 190.00 wf 100416 02/11/05 HAAG, MARK 1,753.35 wf 100417 02/11/05 NADEAU, EDWARD 2,930.14 wf 100418 02/11/05 GLASS, JEAN 1,786.43 wf 100419 02/11/05 TOLBERT, FRANCINE 156.00 wf 100420 02/11/05 LINGER, MARGARET 547.02 wf 100421 02/11/05 VELASQUEZ, ANGELA 235.75 wf 100422 02/11/05 ANDERSON, CALEB 97.40 wf 100423 02/11/05 ANDERSON, JOSHUA 39.00 wf 100424 02/11/05 ANDERSON, JUSTIN 39.00 wf 100425 02/11/05 BOTHWELL, KRISTIN 138.38 wf 100426 02/11/05 BRENEMAN, SEAN 80.68 wf 100427 02/11/05 BRIN, LAUREN 36.00 wf 100428 02/11/05 CLARK, PAMELA 34.00 wf 100429 02/11/05 COSTA, JOSEPH 494.95 wf 100430 02/11/05 DEMPSEY, BETH 169.20 wf 100431 02/11/05 DUNN, RYAN 1,038.21 wf 100432 02/11/05 FENGER, JUSTIN 39.43 wf 100433 02/11/05 FIERRO WESTBERG, MELINDA 83.30 wf 100434 02/11/05 FLICKINGER, JUANITA 39.00 wf 100435 02/11/05 GRANT, MELISSA 56.00 wf 100436 02/11/05 GRUENHAGEN, LINDA 568.15 wf 100437 02/11/05 HOULE, DENISE 156.10 wf 100438 02/11/05 KROLL, MARK 132.00 wf 100439 02/11/05 LAUMER, MELISSA 27.00 wf 100440 02/11/05 MCCANN, NATALIE 33.00 wf 100441 02/11/05 MCNIFF, LAURA 18.50 wf 100442 02/11/05 MELLEN, CHRISTOPHER 20.25 wf 100443 02/11/05 MILLS, ANNE 176.69 wf 100444 02/11/05 PEHOSKI, JOEL 90.08 wf 100445 02/11/05 PETERSON, ANNA 68.25 wf 100446 02/11/05 ROSTRON, ROBERT 58.50 wf 100447 02/11/05 SCHMIDT, EMILY 8.13 wf 100448 02/11/05 SCHOENECKER, SAMANTHA 123.50 wf 100449 02/11/05 SCHRAMM, BRITTANY 107.25 wf 100450 02/11/05 SCHREINER, MICHELLE 282.00 wf 100451 02/11/05 SMITLEY, SHARON 404.00 wf 100452 02/11/05 STAHNKE, AMY 125.13 wf 100453 02/11/05 TRUE, ANDREW 34.00 wf 100454 02/11/05 WARNER, CAROLYN 234.80 wf 100455 02/11/05 WEDES, CARYL 157.15 wf 100456 02/11/05 WELTER, ELIZABETH 128.05 wf 100457 02/11/05 WOODMAN, ALICE 163.40 wf 100458 02/11/05 ZIEMER, NICOLE 679.63 wf 100459 02/11/05 BOSLEY, CAROL 262.65 wf 100460 02/11/05 DOBBS, SYDNEY 96.00 wf 100461 02/11/05 HAGSTROM, EMILY 16.25 wf 100462 02/11/05 HANSEN, ANNA 38.25 wf 100463 02/11/05 KELLY, BRYAN 168.00 wf 100464 02/11/05 LEWIS, AMY 81.26 wf 100465 02/11/05 ODDEN, JESSICA 8.56 18 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 100466 02/11/05 OIE, REBECCA 54.81 wf 100467 02/11/05 PARAYNO, GUAI 101.75 wf 100468 02/11/05 QUINN, KELLY 32.50 wf 100469 02/11/05 SATTLER, MELINDA 19.50 wf 100470 02/11/05 STODGHILL, AMANDA 21.00 wf 100471 02/11/05 VAN HALE, PAULA 280.80 wf 100472 02/11/05 WALKER, DAPHINE 79.55 wf 100473 02/11/05 BALDWIN, JANA 79.80 wf 100474 02/11/05 DOUGLASS, TOM 1,098.75 wf 100475 02/11/05 FLEISCHHACKER, JACOB 133.00 wf 100476 02/11/05 HER, CHONG 369.38 wf 100477 02/11/05 HER, PHENG 169.86 wf 100478 02/11/05 LEACH, TWYLA 217.49 wf 100479 02/11/05 NAGEL, BROOKE 290.28 wf 100480 02/11/05 O'GRADY, VICTORIA 4.99 wf 100481 02/11/05 OLSON, CHRISTINE 95.25 wf 100482 02/11/05 RYDEEN, ARIEL 190.04 wf 100483 02/11/05 SIMPSON, JOSEPH 96.75 wf 100484 02/11/05 SIMPSON, KIMBERLYN 133.01 wf 100485 02/11/05 VANG, KAY 118.04 wf 100486 02/11/05 VANG, TIM 84.14 wf 100487 02/11/05 ZIMMERMAN, STEPHEN 114.30 443,754.29 19 AGENDA NO. G-2 AGENDA REPORT TO: City Manager FROM: Finance Director RE: CARRY OVER OF 2004 APPROPRIATIONS TO 2005 DATE: February 22, 2005 It has been past practice to permit the carry over from one year to the next of unspent monies for specific purposes. This involves reductions in the 2004 Budget and corresponding increases in the 2005 Budget. Department heads have requested the following carry overs: Fund Amount Account No. For General Fund $1,290 101-114-4390 Safety Training General Fund 6,050 101-201-4490 Fire Pension Options Study & CPM Fees General Fund 9,450 101-202-4391 Tuition Reimbursement General Fund 44,140 101-402-4610 Purchase two cars for police reserves General Fund 5,280 101-605-4360 Neighborhood Preserve Brochure General Fund 37,000 101-115-4640 City Hall Building Automation System General Fund 1,090 101-115-4730 Remodeling - R.E.A.L. Department Charitable Gambling Fund 2,675 205-000-4160 Maplewood Fire Explorers Law Enforcement Block Grant Fund 4,820 213-402-4160 Police-LLEBG Grant Capital Improvements Projects Fund 71,890 405-000-4759 PW-Sidewalks Hazelwood Properties Tax Abatement Dist. Fund 222,705 432-000-4759 Hazelwood Properties Tax Abatement Dist. Legacy Village Park Development Fund 222,320 433-000-4720 Legacy Village Park Development Legacy Village Tax Abatement Dist. Fund 2,158,710 431-000-4810 Legacy Village Tax Abatement District Public Works Building Addition Project Fund 1,414,010 427-000-4660 Public Works Building Addition Project $4,201,430 Total for all funds It is recommended that the City Council approve these carryover requests. P:\FI NANCE\W O RD\AG N\B U DGCARR. DOC AGENDA NO. G-3 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Resolution Amending Terms for Series 2004B Bonds DATE: February 22, 2005 In 2004 improvement bonds were issued to finance eight public improvement prof ects. The size of the bond issue was decreased based partly on the anticipated special assessment prepayments. After the bonds were sold, unanticipated special assessment prepayments totaling $2.2 million were received on two projects in the Legacy Village development. As a result there are surplus bond proceeds that can be used to finance the Gladstone North Area Streets project. Therefore, it is recommended that the attached resolution be adopted which will move the surplus bond proceeds to the Gladstone project. P:AFINANCE\WORD~AGN\AMEND SERIES 2004B BONDS RESOLUTION AMENDING THE RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $13,010,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2004B, PROVIDING FOR THEIR ISSUANCE, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, by resolution duly adopted by the City Council on July 22, 2004 (the "Bond Resolution"), the City Council of the City of Maplewood, Minnesota (the "City"), issued $13,010,000 General Obligation Improvement Bonds, Series 2004B (the "Bonds") to finance various municipal improvement projects (the "2004 Improvements"); and B. WHEREAS, the City has received prepaid special assessments for two of the improvement projects that constituted a portion of the 2004 Improvements, specifically (i) County Road D, Hazelwood to Highway 61 and (ii) Legacy Parkway, Kennard to Southlawn, consequently the City proposes to use these prepaid special assessments to finance a portion of the cost of these two improvement projects and also to use Bond proceeds to finance a new additional improvement project, Gladstone North Area Streets (the "2005 Improvement" and, together with the "2004 Improvements", the "Improvements"); and C. WHEREAS, the 2005 Improvement and all its components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the 2005 Improvement or all its components by general nature, estimated cost, and area to be assessed; and D. WHEREAS, the City hereby determines that the Bond Resolution must be amended to (i) accurately reflect the special assessment levies and collections for the 2004 Improvements; (ii) add the 2005 Improvement and the tax and special assessment levies and collections therefor; and (iii) accurately reflect the tax levies and collections for the Improvements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Ramsey County, Minnesota, as follows: 1. Whereas Clause A of the Bond Resolution is amended to read as follows: A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $13,010,000 General Obligation Improvement Bonds, Series 2004B (the "Bonds"), of the City, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the construction of various improvement projects within the City, as described in paragraph 16 hereof (the "Improvements"); and 2. Paragraph 16 of the Bond Resolution is amended to read as follows: 16. Assessments. It is hereby determined that no less than twenty percent (20%) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they maybe done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as maybe required by law to make the assessments a valid and binding lien upon such property. The special assessments have heretofore been authorized in accordance with Minnesota Statutes, Section 475.55, Subdivision 3. The assessments are payable in equal annual installments with interest on the declining balance at the rates specified below. Subject to such adjustments as are required by conditions in existence at the time the assessments are levied, the assessments are hereby authorized and it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than the rates per annum specified below: Improvement Designation Amount LeW Years Collection Years Rate County Road D, Hazelwood to Highway 61 $2,039,400 2004-2019 2005-2020 5.00% County Road D, West of Highway 61 974,600 2004-2019 2005-2020 5.00% Kennard Street, Beam to County Road D 2,069,735 2003-2018 2004-2019 6.00% County Road D Watermain Improvements 198,460 2004-2019 2005-2020 5.00% Atlantic Street Utilities, West of Frost Avenue 59,450 2004-2019 2005-2020 5.00% Hazelwood/County Road C Area Streets 776,150 2004-2019 2005-2020 5.00% Carlton Street, Conway to Minnehaha 339,200 2004-2019 2005-2020 5.00% Legacy Parkway, Kennard to Southlawn 1,199,050 2004-20019 2005-20202 5.00% Gladstone Area North Streets 926,620 2005-2020 2006-2021 5.00% At the time the assessments are in fact levied the City Council shall, based on the then-current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 3. Paragraph 17 of the Bond Resolution is amended to read as follows: 17. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Year of Tax Levy Tax Collection Amount SEE ATTACHED EXHIBIT A The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 4. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as the County Auditor shall require, and to obtain from the County Auditor the certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. 5. Except as hereby amended, all other terms and conditions of the Bond Resolution shall remain in full force and effect. EXHIBIT A Tax Levy Schedule $13,010,000 City of Maplewood, Minnesota General Obligation Improvement Bonds Series 20046 Post-Sale Tax Levies Date Principal Coupon Interest Total P+I 105% Overlevy Revenue Levy Amount Levy Year 08/01/2005 1,000,000.00 3.000% 483,960.00 1,483,960.00 1,558,158.00 301,146.30 - 2003` 08/01/2006 835,000.00 3.000% 453,960.00 1,288,960.00 1,353,408.00 975,452.42 1,634,968.00 2004" 08/01/2007 825,000.00 3.000% 428,910.00 1,253,910.00 1,316,605.50 998,411.98 318,193.52 2005 08/01/2008 810,000.00 3.000% 404,160.00 1,214,160.00 1,274,868.00 956,840.55 318,027.45 2006 08/01/2009 800,000.00 3.250% 379,860.00 1,179,860.00 1,238,853.00 926,851.85 312,001.15 2007 08/01/2010 795,000.00 3.500% 353,860.00 1,148,860.00 1,206,303.00 896,863.13 309,439.87 2008 08/01/2011 790,000.00 3.750% 326,035.00 1,116,035.00 1,171,836.75 866,874.43 304,962.32 2009 08/01/2012 785,000.00 4.000% 296,410.00 1,081,410.00 1,135,480.50 836,885.73 298,594.77 2010 08/01/2013 785,000.00 4.000% 265,010.00 1,050,010.00 1,102,510.50 806,897.03 295,613.47 2011 08/01/2014 785,000.00 4.000% 233,610.00 1,018,610.00 1,069,540.50 776,908.33 292,632.17 2012 08/01/2015 785,000.00 4.000% 202,210.00 987,210.00 1,036,570.50 746,919.62 289,650.88 2013 08/01/2016 785,000.00 4.000% 170,810.00 955,810.00 1,003,600.50 716,930.89 286,669.61 2014 08/01/2017 790,000.00 4.100% 139,410.00 929,410.00 975,880.50 686,942.18 288,938.32 2015 08/01/2018 795,000.00 4.250% 107,020.00 902,020.00 947,121.00 656,953.50 290,167.50 2016 08/01/2019 665,000.00 4.250% 73,232.50 738,232.50 775,144.13 626,964.78 148,179.35 2017 08/01/2020 180,000.00 4.400% 44,970.00 224,970.00 236,218.50 458,993.82 - 2018 08/01/2021 185,000.00 4.500% 37,050.00 222,050.00 233,152.50 64,863.40 168,289.10 2019 08/01/2022 195,000.00 4.500% 28,725.00 223,725.00 234,911.25 - 234,911.25 2020 08/01/2023 205,000.00 4.750% 19,950.00 224,950.00 236,197.50 - 236,197.50 2021 08/01/2024 215,000.00 4.750% 10,212.50 225,212.50 236,473.13 - 236,473.13 2022 Total $13,010,000.00 - $4,459,365.00 $17,469,365.00 $18,342,833.25 $12,301,699.94 $6,263,909.35 - The City expects to make this payment from available funds, which will be reimbursed with the first levy for this issue. This levy will be sufficient to pay the principal and interest payments due in 2006 and to reimburse the City for the August 1, 2005 payment. Agenda Item G4 MEMORANDUM TO: City Manager FROM: DuWayne Konewko, Environmental Management Specialist SUBJECT: Waterfest Appropriations for 2005 DATE: February 17, 2005 INTRODUCTION Ramsey-Washington Metro Watershed District's (RWMWD) annual Waterfest will be held on Saturday, May 21, at the Lake Phalen Park Pavilion from 10:00 a.m. to 3:00 p.m. The RWMWD is requesting financial support from the City to assist in sponsoring this event. The requested amount is seven hundred and fifty dollars ($750). BACKGROUND The City of Maplewood has sponsored this event in previous years. The City has a good working relationship with RWMWD and partnering with them on this type of an event allows us to combine our resources and deliver a stronger educational message to a much larger audience. Monies in the storm sewer maintenance budget have been set- asidefor educational purposes. As in the past, the City will provide staff to work at this event. Representatives from Public Works and Community Development Departments along with the Nature Center will assist the RWMWD in facilitating this event. The Waterfest will feature the following activities and exhibits this year: student exhibits of artistic, scientific and service projects; watershed and ecosystem exhibits and games; clowns, jugglers, face painting, and skits; environmental computer games and indoor science projects; stream monitoring; fishing lessons; and voyageur canoe rides. DISCUSSION The Waterfest provides a unique opportunity to enhance awareness on issues surrounding the protection of our natural resources. Waterfest also presents the City with a unique venue to work towards the fulfillment of our goals and outcomes concerning the Storm Water Management Program. One of the requirements of this program is to educate the public about environmental issues. Waterfest will take this one step further and provide the public with projects that can be utilized at home to help reduce pollution or contaminants from reaching our water resources. Education on storm water runoff (non-point source pollution) is key in understanding the role of storm water runoff and water quality. Waterfest will directly speak to this issue and stress the importance of mitigating and controlling on-site runoff. Rain gardens are one of many options that will be discussed at Waterfest. RECOMMENDATION Staff recommends approval of the RWMWD request for Waterfest. Funds are available in the storm sewer maintenance budget. Staff will provide City Council with afollow-up summary of Waterfest by July 15, 2005. MEMORANDUM TO: FROM: SUBJECT: PROJECT: LOCATION: DATE: Richard Fursman, City Manager Andrew Gitzlaff, Planning Conditional Use Permit Review Menards 2280 Maplewood Drive February 17, 2005 INTRODUCTION Agenda Item G5 The conditional use permit (CUP) for Menard°s at 2280 Maplewood Drive is due for review. This CUP allowed Menard°s to expand and remodel their existing store and outdoor storage/sales facility. The city originally required the CUP for Menard°s because the store is within 350 feet of a residential zoning district. Refer to the maps on pages 3 5. BACKGROUND October 25, 1999: The city council approved a CUP revision for the building expansion and site plan changes. They also approved the architectural, site and landscape plans. Refer to the council minutes on pages 6 10. November 27, 2000: The council reviewed the CUP and moved to review it again in one year. April 9, 2001: The council approved revised plans for the exterior of the new addition and required additional landscaping on the Highway 36 side of the building. Refer to the minutes on page 11. November 26, 2001: The council reviewed this CUP and moved to review it again in one year. December 9, 2002: The council reviewed this CUP and agreed to review it again in one year. January 7, 2004: The council reviewed this CUP and agreed to review it again in one year. January 30, 2004: The city approved plans for expansion of the exterior storage area and relocation of the fire gate. DISCUSSION Menard°s has completed their expansion and is meeting the CUP conditions. Staff is not aware of any issues or problems with Menard°s and we have not received any complaints about this business. RECOMMENDATION Review the conditional use permit again for Menard°s at 2280 Maplewood Drive again in one year. The council may review this permit sooner if a problem arises or if Menard°s proposes a major change to the site. p: sec9\Menards.cup.rev.2003.doc Attachments 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. City Council Minutes dated October 25, 1999 5. City Council Minutes dated April 9, 2001 arir:. ~ ~ ~ ~ ~~ j .. ; c!' Z; ;. Ct. j ~. ~ CM1. y,,_ ,: ~ . _ a ti+ cr. ~ 4 y:' t i• ~ - ~; ~ , ~ ~ .. I ~. ` ~.-. ~~~' 4siia~:~''~.~.~ ~ICNt . aWE .., _ ~ ~ .uw cw ~ ~ ~' «~.. ~ i ~ ~ ;~ ~. 1 ~ ,,, i ~ ~ i , ~ . s ~s. / ~ '~ 1r ~~. . ~ N ~ ~ ~ « jy . , ~ '.~+,~~. 4 .: r 11i < ~~t n'< attachment 3 .~ ',, - ~, - ~ .,.~. _ .~ ~~A~,. ~f t Ca~dl#1o~1-.~C ~t ]~ ~` fQ1~OVftB: ~~ ~. '1"~ u~ ~avd~d ~: by a p~rlic ~ . `i~~c 7, 'Thy use ~rt+uld not cre~z ~r.~s'~^~ li~l eta ~ ~+c s~' . mad is ~b,}ect to the ~~g:t~o~: 1. ~ ~ ~ :per 1~ay ~, ~ . '~ ~~' ~ ~~ ~~-~s-~ ~~~. ~-~~ :.. ~~ C ! ~~~ ~'. ~~ k' ~ ~' '~ ~~' .~:t b. C d. 's"~ ~t~a.~r. Fe ~~ ~#vra9. over. ~f t~ h~ie~ht of~c. ~ _ 5~, n: c , t:. }~ a Y ~ ~I 4 --. f. r~ _ .~. ~!. j ~... ~ - 7Y ..f Sr 'l ` ,r ~~~ b a C~ - s 1 r +h~, -- R'p'' ,,; _ " ~ " ~ _ ! ~ - ~ - "~ -' ~ p L .d ~~ '..:fi - r ~~j _ ~ ~"~ ,t ~ P 'tr rya F ~t ., ~;r. ~ r ,: q r .' - ,` ra ,: ~ 'f n e ~ u ~,: + p• ~~~~~ ~~ 6 ,l yrv ~". 4~: -~a F ~, ~ ~ , ~~. . e _ -., ~ - - ~ .x' .. i' Agenda Item G6 MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit Review PROJECT: Woodhill PUD LOCATION: 2516 Linwood Avenue DATE: February 17, 2005 INTRODUCTION The conditional use permit (CUP) for the Woodhill planned unit development (PUD) is due for review. This CUP is for a PUD fora 15-lot residential development. Refer to the maps on pages 2 -6 and the city council minutes starting on page 7. BAC KG RO U N D On February 23, 2004, the city council approved the following for the Woodhill PUD: 1. A conditional use permit (CUP) for a planned unit development (PUD) fora 100-unit housing development. (Please see the site plan on page 6.) 2. The preliminary plat to create the lots in the development. 3. A zoning map change from F (farm residence) to R-1 (single dwellings). (See the city council minutes starting on page 7.) DISCUSSION Bruce Nedegaard, representing Nedegaard Custom Homes, has been working to get clear title to the property so that he may start the construction of the plat. He expects to have the title matters cleared up later this year so that he may start the construction by 2006. As such, the city should review this permit again in one year to check on the progress or sooner if the owner proposes a significant change to the approved project plans. RECOMMENDATION Review the conditional use permit for the planned unit development (PUD) for Woodhill again in one year or sooner if the owner proposes a major change to the approved project plans. p:sec113-28/Woodhill.CUP PUD.rev 2005 Attachments: 1. Location Map 2. Property Line Map 3. Area Map 4. Approved Preliminary Plat dated 2-12-04 5. Proposed Grading Plan dated 2-12-04 6. Council minutes dated February 23, 2004 ~~ \~ ~ ~l { t .1 ~~ ~- e~ ms ~., .r'~l 1, .; C+~ x zs~e ~ ~~.:.~~ ~ ~` '~` `'5P -- ~i ~I~ r~r ~~~~~ -~.~~ -_ _ _~ 4-__. y~ r _ .._ d -~ .. ~: _~._,. ~ i - ~ ~Y BION~IQ. N1C. wI311~Q1 ~ ~ EFIi6 - _ IWIT 1~1~11 t ~ 1/i'SS~Zt~ 4(Q~s .YW(82 ~ 3 {T,IS ~T~Iq S~fY 1~EiT SlN1E ~0 ~~ 1 ~ .30 i~10 PRACF' <9i M11i _ ~ . _ n ~ M _ _ 4 9b2.M'3.S 212 ~ 1 - l11~ 0~! 1t Mt. ~ - ~ r~rn.~: .. '~.JIUWOQD.AV~. E. i . ~ ~ roRwi +ar aF x Mw/a ar as Ma/a h- m +a x s w. ~ _ em~~~tee m nE ws~t u~~i .., ~ ~., ~ - ~,'~- b p - j r - v. x4: i .I' Ae '.: 1.. 2. 9:15 p.m. Waodhill subdivision (251fi Linwood ~ Conclitionsi Use Permit far Planned Ur Prelimin~y Flat Zoning Map Change (F to R- I } a. City Manager Ferman presented the report. b. Associate Planer Roberts presented c. Comnussio~r I3~erieh presented the Planni d. Mayor C~i.o~ the pt~blie:~ng, c 1'he f411awing p ~ hr~d: Bnue AT~egaard, representing Nedcgam+d Mazy Dierich, sPea~Cing as $ privst~ acmcern e. Mayor Cardinal closed .the. public hearing. venue) t Dcvelop~nt tom Homes citizen 'lhe forth one-half of the West c~+e-hai€ of the R~`est ~ half ~f tl~ E~t~ne-~ o~ tl NW Y of the AlE ~! ,of ion 13, `Towip ~8, Rangy 22, a~fl~di~~ to fie US , , ~ ~. Gov~rnn~t ~ - ~a xu"~y 1~f; in 3~i~ 13 Tip R~~ ?,2, Ramey CotnttY~ Mia~. ~ I r 1. All oonstruCtion shall follow the plans approved by *c city. The city cil-puy ,i.".° . „ ~Y ~~~ die citg~'s __ 2. The pr4poscd. c~~ion df tie plat C be a council app~val c~ pcnmit sham cad: 'Ihe c orc fir. ~°~ . °~' si~~ st$ited vein c~a ~y c~ this ~ 1. Have tfie city ~r-~~ ~: ~ctit~ ' end sh~1. mect all ~ ~s Ord chs~ noted ~ ci#y ms's d J~ui~ry Z2, 20U4. 2. The s~ravecf setb~ks f~ the pincipa~ structures in "~'Vcxxlhii~dlopsnt s~ bc: a. Front-y~rci sr~b~ck'~~r~am a public stmt ~igl~t~f ay); minimum - 20 €vct: na~un~um - 45 feet Sanded by ~~" ~o~shsch C~mc'`Ka~ ~ye~- ~. ~ ; .:Veal. d. Provide all raluired and necessary cesernents (itycltrding all<~ilit~>easements and ten-foot dram and ~ility its along t~s fx `mod ~ l~ ~; cif eseh lot and dive-foot dreina~ ~d utilit~- +~aenzents along the_ sidelot li of aaeh lot}, e. litstell permanent mound the edge of the b~ . -Thee sites shai~l ~e #~ a ~f the end s~ ~ U; be no mv~'~-in~l~.'ua~ ctn~g, ftl3at~rg; b~di~, : ~' d~n8'l'''ey:;Pt~t. City staff Shad ap~rov~ t sign tl~ ~d locait b~fa~e t~ corair ittis them. Thy dcv or ~cmr ll i>~l a ~g~ berme cntY buildi~~ P~~ iri this plat. f. Install survey monurpcnts along the wetland and, weld boffer btxtnd. g. Pay.the-city. for the cost of traff~-control, street i~ntificatian, ~-t~artd buffer aztd no P~nB ~F,t-$• h. Foivide all; re~ured end n~ssery easements, including any off-sib ~~ts. i. Demolish car r~e~ove the existing house atxl garage the site, ~d tv+e all other i~ildiifgs, fencing, trailers, scrap metal, debris and ~u~ -from the side. j. Gap and-seal all wells on site that the owners:are pot using; and rove septic systems or c#•eii~ifiekls, submit m IV~t}sota ruled' argil g~idclincs. k. Complex all curb on Ianwood Ave~e nn the Eck of s~ 1"Itis is to repb~e the ~isatrg drivew~-ys an wood Avehue, acid aed wards. 2.* Have the city ett rope ~i~l ` ~ ~ g lam. ~e plans sEiall i~h, ~t~+, ien ~. t'he' shell mieet ell ~c t~ia ~d lietad zn ~ J~- 2,2, -and shall meat tlnr fol~g cotdon~: ',, a. Tlar erosion c~ntr~ plans shall be consistent with the city ca~le ead;shali be extrly detailed to the ~tisfa>rticiai of the city engineer. b. The grading Flan-shall show: (l } The pi+oposed building pad ovation end corour ~a~on r each home site. The lot lines on this plan: shall follow the appmv~cd prelimin}- jai. (2) Contour information for all the land that the constrr~cton will t~sturb. (3} House pads thai: ~r cu ~e~~-z~a ~ d a ,, ~ .~. 3 ,.~,.:~ , , ~t~ ~ Y. ' - ~ ~ . b. N~ the loo-foci k f+om t~ ~1~ ~a~ t b, lock l ant iot 1, Bieck 2. (4) '~ propos~ st~ct and. drivtway grades as allowed by tl~e city enginax, (~) All proceed aides on the construction piaz~s: 'f'ly :city. a~g3i~ex shah appruvc the plans, ficazions: a~ madage~scnt pr~ctic~s-fiat any slows ~ than ~: i. Un aln~ than 3:I, the developer shal!i pyre abd im~cat a stabilitit~ and . At a minimum, the atogea al#'be meted with wood-fiber bl~, be seeded vvitlt a no-m~i~ vet a~i bo ~atat~~aed . before the city a~mnves the final plat. (b) Include. the tree plan that: a. Shows wt~re the tievclvpcr,wiil remove, save cx replacae-urge trees: This plan shall nclttc1e ~ ink' of ali ai~g c treys a~ the site. b. S1~ows no tree rcmo~ai btya3ui the ~prewexl; ag. awl ~c knits. (7) . All rc~a~it wails ©~;the-ins. Any ret~ini ~nlls tamer-~ 4 t s a bui~n~ pcrbut lac ply. {8) irnentaaan basins or pcmds as requirefd by the wsheod dis~t ~ ~ . - city cngi~aer. (9) No grading beyond the plat ~unclary without. temporary g~ding . fresm the ~d p~p~ty aw~(s}. (10) As little grn~; as pQssibie north. and soluth ofahe stie~.'~'his is to kip as nay of the existing trees nn th+e site as is by p~sil~le, {I1) The pipelines and the $-foot-wide trail from the cul-cl~-sa~:to #lu ~wth ply :...,:~ ._., ,, , } -~ _ ~ _. +~- ~i~cs + w aft. (6} - Thre ©f dte water ~nait~ ali~ts ~d ~iziag ~ tie s and requiri~s Qf d~ Scent>Fsttl ~gaonal Weser Scar ~S~?~'~~. ; (7) All u~lty cxcavatian~ ir~cd within tic ri~ht~~ys n~ with ; ,'fie d~~ l ~ f~ all u~r.~: wed ~be o~tsicle P~3~ arra, e.:~~ .E ., _ ,. ~~„ _ Agenda Item G7 MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit Review PROJECT: Highwood Farms Town Houses LOCATION: 2666 Highwood Avenue DATE: February 17, 2005 INTRODUCTION The conditional use permit (CUP) for the Highwood Farms Town Houses planned unit development (PUD) is due for review. This CUP is for a PUD for an 18-unit town house development. Refer to the maps on pages 3-6 and the city council minutes starting on page 7. BAC KG RO U N D On February 10, 2003, the city council approved the following for the Highwood Farms Town Houses PUD: 1. Aland use plan change from R-1 (single dwellings) to R-3L (low density multiple dwellings). 2. A conditional use permit (CUP) for a planned unit development (PUD) for an 18-unit housing development. (Please see the site plan on page five.) 3. The preliminary plat to create the lots in the development. (See the city council minutes starting on page 7.) On February 23, 2004, the city council reviewed this CUP and agreed to review it again in one year. DISCUSSION The developer has not yet received design or final plat approval from the city for this development. Charles Cox, the applicant and the owner of site, recently told me that it is his intention to complete the city requirements and to build the development. However, I have had several people call me in recent months for information about the property as Mr. Cox has it listed for sale. Based on the lack of action by the developer and apparent lack of interest by other builders or developers, I have doubts that the project as approved by the city is financially feasible. Since neither the owner nor the developer has started this project, the city council should review this permit again in one year. At that time, I would recommend that the city end the approval of the PUD if the owner or another developer has not made significant progress in starting and completing the project. RECOMMENDATION Review the conditional use permit for the planned unit development (PUD) for the Highwood Farms Town Houses on Highwood Avenue again in one year or sooner if the owner proposes a major change to the site. At that time, the city shall end the approval of the PUD and the preliminary plat if the owner or another developer has not made significant progress in starting and completing the project. p:sec13-28/Highwood Farms TH CUP rev 2005.doc Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Proposed Grading Plan 5. Council minutes dated February 10, 2003 ~ ~ ~ ~ ~ ~• , M1.N~'t.~-7 ~~~- CI~'Y COUNCIL T.:00 F.M.1VIQnday,,February 10, 2~3 C Citambers,lVlnnicipa! Builtiln~ M~ing No. 03.03 ~ ;, '~` ' a~ ~Ii~,, ..~.. . %r ~ , -r _ h ? __ ' ~~ ~. - ,~ ._ x -- .~ ~, _ ~ ~ - 1. 7:10 {7:27) p.m. Highwaad Farms Town Houses (Highwood Avenue) Laud Use Plan Change (R-~ to R_3 (L)) Conditional Use Permit (CUP} far a Planned Unit Development {PUD} Proliminary Plat a. City Manager Foreman presented the staff report. b. Associate Planner Roberts presented specifics from the report. c. Commissioner Fisher presented the Planning Commission Report. d. Charles Cax, applicant, i~vas present to answer questions. ~ - e. Mayor Cardinal opened the public hearing, calling for pra~ponents or opponents. The following P was heard: John Maslowski, 1004 Dennis Street South, Maplewood f. Mayor Cardinal closed the public hearing. Councilmember Koppers moved to adopt tlx follow,~¢ resolution a~orovit~~ a land use elan RESOLUTION 03-02-016 LAl-lD U~ PX.AN CHANGE RESOLUTION RHEAS, Mr. Charles Con is proposing a change to the city's land use plan from R-1 (single dwellings} to R-3(I.) (law density multiple dwellings}. WHEREAS, this change applies to tyre prapesty now lrnown has 2666 Htghwood Avenue in Section 13, Tow~hip 28, Range 22, Ramsey County, Minnesota. ~S, the history of this change is as follows: 1. On January 22, 2003, the plannit~ ca~unissioa held a public hearing. The city staff published a bearing notice in the Jlfaplewo~od Reveew and scot noticxs to the sag ~operty owneas. 'Iho playing ~cxt ~~ e~ at the hearing a chance to spark ~ p~ writ status. Tt~ planning mission .recom that the city ~nncil nth approve the plan amendment. 2. On February 1Q, 20U3, the city council discusaai the praposaxl land .use plan cgc. They '-City Counci102-10-03 4.d'. ~.. atl., ~.. t- G,v:.. -J ..~-.a '41' e. a .- ~,F,~ "-, `::. • '' . txmsi zeports and reeommendatians from the planning commission and city staff.. NOW; T`HEREF4RE, BE IT RESCLVL~3 that the city council approve .the above-described change for the following reasons: 1. It would bo consistent with the goals and objectives of the comprehensive plan: These incltuk having similar uses fronting on the same street, having a grading plan that presen-es many. sigtuficant natural fes~res and uses a glanacd unit development to show for creative design solutions. 2. This site is proper for and consistent with the city's policies for low-density multiple dwelling Use. This 1nClUdes: a Creating a transitional land use between the existing low density residential and the existing telocommunications~site. b. It is on a collector street and is near. an arterial street. c. Minimizing any adverse effects on surrounding properties because there would be no traffic from this tkvclopment on existing residential streets. 3. It would be consistent with the proposed planned unit development {PUD} and land uses. Seconded by Councilmem6ea J~enemann Ayes-All Cooncilmember Kin ~ o RESOLUTION 03-02-0~.7 CONDITIONAL-USE ~.11gT RESOLUTION R~REAS, Mr. Charles Cox, ruing the project develogcr5, applied for a canditiona~ use permit (CUP} for the Haghwood Fatrn residential planned unit development (PUD). W1~TtEAS, this permit hpplies to the Hxghwood Fsrm town housde development plan the city r~eceivtd on I]ocembcr 26, 3A02 for the property at ZG66 Highwood Avenue. The legal description is: Subject to State TH 100VI17 attd HWY 393, the north I1W feet of the West 173 feet of the Fast 198 feet of the West'h of tlu NE'/s of the SE y4 of Section 13, Township 28, Range 22, Rama~ey County, Mimtesota:. {This is the property to be known as Lots i-i9 of the prQpc~cd I~ghwood Farm) RF.AS, the history of this conditional use permit is as follows: 1. On JaSUary 22, 3A(}3, t~ planning commission rccommenckd that the city council approve-this permit. City Coin 02-10-03 .,. ,~ . 2. On February 10, 2003, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners: The council gave everyone at the hearing a chance to speak and present written st$tements. The council also eonsidrred re~rts and recommendations of the city staff and planning. comm~issian. ' NOW, TfIEREFORE, BE 1T RESOLVED that the city council approve the above-described conditional use pernvt because:. 1. The use would be located, designed, maintained, constructed and oparat~od to be in confa~tmity with the city's ca:nprehensive plan and code of ordinances. 2. The use would not change the costing or pIanrred character of the surrounding area. 3. The use would not dcprociate property values.. 4. The use would not involve arty activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisancx to any pcrsan at' property, because of excessive noise, glare, smoloe, dust, .odor, fumes, water ar air pollution, drainage, water run-aff, vibration, general- unsightliness, electrical interference or other nuisances. 5. The use would generateanly minimal vehicular traffic on local streets and woiild not cncate traffic congesciam~ or unsafe access on existing ar proposed streets. b. The-use would tie served by adegwete public facilities and services, including streets, police and fir~c ~vn, drainage strucwres, watrer and sewer systems, schools and parks.- 7. The use would not cir.ate excessive additional costs far public facilities or cervices. $. The use would ma.=+*r++9A tht preservation of and incorporate the site's natural and scenic features into the development design. 1. The use would cause minimal adverse environmental. effects. . Approval is subject to the following conditions:. 1. Ail construction shall follow the plans approved by the city. The city council may approve major changes to the plans. -The Dirxtor of Community Development may appravc minor changes to the plans. Such changes shall include: a. Revising the grading and site plans to show: (1) The developer minimizing the loss or removal of natural vegetation. (2) All driveways at least 2A feet wide. If the developer wants to have parking ern City Cow~cil 02-10-03 '. 9 ~f Y 1f ~ one side of tine main d~iYe, the11 it must be at least 28 feet wide. However, widening of the driveway must. not lessen the aide setback of The driveway from the eastpmperty line. (3) All parting Malls with a.width of at least 9.5 feet and a length of at least l8 feet. Revise the plans m reduce the number of .spaces between the buildings from three to two m allow more space between the parking area and. the edge of the building, Also; revise the parking spaces and the trim-around area at the south end of the site to maximize the number of trees to be saved, to maa~imize the number of spaces and tci minimize the aYnaurt of hard surface arcs. (4) Revised storm water pond locations and designs as suggested or r~uired by the waterrshed cliatact ar city engineer. The ponds shall meet the city's design standards. (5) The developer minimizing the loss or removal of natural vegetation including keeping and pro#ecting as many of the large trees in the rmdi~turbod area south of the-town houses and Viking areas. 2. The proposed cansteuction must be sul~tarraally started within one year of council approval or the permit shall end The coi~il may extend this deadline for one year. 3. Have the city engineer approve frtral crniticm and engineering plans. These plans shall meet all the conditions and ch~rrges noted in the ~gineer's memo:dated January 14, 2003.- a. Incline grading, utility,:drainage, eivsion control, streets,.trails, sidewallGS, troa, rr~si~rg walls, d€ivcway and Parking lot plans.. b. Show tro greding ~ grvrm+d diatrrrbarrae in the conser`ration cascmetrt~ This land is to be ptved for open p~rpose$. Th+c developer and contr~ctor~.shall protect this . area, incluuding the Iarge t~roes that are in and near the south side of the site, from encr~chn~ecrt from eep:~~nt, grading or filling. c. ,.Include a storm wamr rnerna~nnt glen for the proposal. 4. The design of all ponds shall meet M~apl~wood's design standards and shall be subject to the approval of the city ettgmeer. If ceded, the developer shall be responsible for- getting any off-site pond asul drainer its. 5. -The developer or contractor shall: a. Ca~mplexe all ,ink he site draina~c and the ponds, complefic all public improvam~ts aB ~tity rcgrm+emotrts. b."` Place teinpor~y c~nge suety fencing and signs at the grading limits. City Council ~•l0-03 10 a. -:~ Iii .: ;t~ - ":;,i F;:: •. ,~ c. Remove-any debris orJ~ frn~ the sift, ithcluding the conservation area. d Provide the city with vearificat~ion that the fawn houses on the prc~osed site plan will meet the state's at~dards. Tlli~ shall be with a study, testing orother documentation. lfthe:noi~ an this site is a factor, then the contractor will have to build tha fawn houses that ~3+ can naxt the noise standards. T'lu~ maybe with thiicker w, heap windows, roquiring air conditioning yr other sound-deadening ~€m m~hods. T1u develoopex shall provide the city with this dac~entatian before the city will .issue a building permit far the t~owa houses, 6. Tfie ap~vvcd setbacks for ,principal structtu~es in the Highwood Farm PUD shall be: a. Front yard seek (from a public street or a private driveway): minimum.- 30 feet, maumum - 35 feet . b. Rear-yard setback: 30 feet from any adjacent residential propeRy line c. Side-yard setback (fawn haws): minimum - 47 feet fmm the west property line amd 50 feet from the eat pr+opert~- unc. 7. The developer ar bualder will puy the city Park Aoecss Charges (PAC fees) for each housing unit at the tip of the bwikling permit for each housing unit. . 8. Submit the homeowners association documents to city staff for review .and approval. 9. The developer shall provide a p~cnt means tQ pnescrve and maintain the.-comm4n open space. This may be d~ by umservation Wit, deed restricbioms, ,~veaants or public dedicatu~n. -The deve~per shall ~ this document with the final plat and befcne me city issurs a permit far grading or utility construction 10: The city council shall review .this permit. in one year: 11. This appr+a~l dc~s not lnchrd~e tl~ design .approval for the to~-nhorrres. The prajoct design plans.; i~l~ing; at~itural, site, liF;hting* tree and laAdpir~ mss, shall be subject to review acid aval of the community design x~evicw board ~CDRB}. The projects shall be jed ~- tla; fallowing c~a~ditions: a. Meeting all carulitions and ~ctntn~ as r+oquired by the city coutcil. b. For the driveways: ~, ~a . .. • ~ shall be posted for Na Parking on one side: c. Showing all changes r~uired by the-city as part of the conditi~al use permit for the planned omit develaprnent (f'UD). 12. The city shall not issues ar~y building permits for construction an an outlot (pea city code _ requircrnctrts). 'I~;dev must record a f~l plat to create bwi.ldabk lots in the ; prelimiriaty plat befcmc tho city will issue a building permit. Seconded by Ccwncilmember Iuenemann Ayes-All Counciltwember Kappen 1. Sign an agraeeYnent with the city that goarantecs that the developer or contractor will: a. Cc~mplCte all gracling.far ove~'all .site drainage, cnmpiete all public, imps+av~m~rts mnd moot all city rdguirema~ts. b.* Plane temporary oraa~ safot~! facing and"signs at the grading limits. c. Have Xoel F~ncrgy ia11 Croup V rate sttaet lights in two locations - primarily at the street int+tin atai~ t~ aoath ehd of the driveway. The exact style and location shall be subject to the pity engineer's approval. d Pay the city for tt~e .coat of trat~c-control, strict c~tificstion and no pa~ang signs. o. Provide all required and nssaty ea~rnents, including any vff--site. easements.. f. Dcamlish err r~vc the. cxisti~g house a~ garage from the site, and rive all-other btrildings, fencing, irai~'s, scrap meal, d~ris and junk fi+om the site. g. Cap and weal all wc~ on sib that the ownears are not using, remove septic systems or drainfiGlda, subject to lVfitu~eaota ruk.~ and guidelines. h. Complete all the curb and on Highwoad Avenue an the north side cf the. site. -This is to r+rpla~t the eaciati~ driveways on T~ghwood Avenue and shall .itichzdc the resto~ion and sodding of t3te boulevards. i. Install a sign where the new driveway intersects ~ghwood Avenue indicating that it is a private driveway. j- h~tall, s~ru~r awl ai$na alcmg'-the edgers of the -ati~ t area.... Thaac eig~- ~ t the ar+ca beyond the signs is a casu~vatian t ~- atfld t~8t t~iC~fC 8l~ ~ 110 ~~ ffii3win~, Ctlttislg, ~ing, d[tIDp~tlg .~ ' t ~ Or Ci3fl~ Shad inatsll these- 8z~71s City C~ Q2-IO-03 .; ..:., ::.::~... w:, s .:. , r;~:.a ~ - ~ „~ . i. ,i•....,,d~ - i.' ~.-..:~ t~k' ~. ;~; . ,~; s 1 L, :~- ~,:#p.- wk;,a~ '6r..a•3{U:'aS .4 . ;. r J `` .~ ~ ~ . . _ _ _ ~ befom the city i~sucs bruilding permits in this plat. 2. Have the ~ty cngan~ spp~rave fireat construction and engineering plans. The applic~t ' hall have these.plans revised tv follow the comt~nts of the city engiruer a~-shall include the gr~ing, utility, dr~nage, erosion control, tree and street plans. The plans -shall .meat the: following wnditi~es: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each building site. The lot ~ on this plan shall follow the approved preliminary plat. (2} Contour infcumation for all the land that the construction will disturb.- (3) Building p~ that the grading on sites where the dcvclopr~ can sac large troes. {4) The proposed stet .and driveway grades as allowed bythe- city t~--g~r. (5) All proposed slc vn the ~ttuctivn plans. The city engineer shall approve the plans, spe~ficsdioes hnd moot practices for any slopes shear than.3:1. Un slopes sateeper tha>a 3:1, the developer shall prepare and imple>t~nt a stahilization avd pting plan. At a minimum, the slolxs shall be proseeted with waxi~fibar ~, iia soede~d with a no-mainto~ance vcgctatiov and be stabilized - before lad ci~+;twes tite~;fi>~1 plat. (6) All r+etaiaing walls o$ the plans. Any retsaning walls taller than four feet require a - ixei~g Admit t~ eiry. The de~elaper ill ia~all a protective rail ar femae oa tap of any r~ning wall: ~ is taller t~ faur feea» (7} 3edin~tatioa~ basins pr ponds as roquired by the watershed bciard or by the city eaginea. {8) Np grading bey~d the plat boundary without temporary. grading easements from the affocted pr~xty ownet{s). . {9) As little ll~ng as possible west and south of the town houses. This is to keep as many of the ratisting troas on the sine as is reasonably possible. c. The , driva~way a~ utility gins shall show: (1) The driveway a1t$ll be a nine-tom d~~ with a maximum grade of eight pea~xnt and amaxit~m wi~in 75 feet- of ~ intersocticm at two peroeut, City Council 4~-14-03 c 13 ,..a . R' . r „ ~, ~• (2} The street (driveway} with tshiiitiituoti~ concrete curb and gutter, excel where the city engi~aear Wines that curbing is not necessary for drainage purposes. (3) T'ht .removal of the unused driveways and -the completion of the curb and gutter on the south side of i~ighwood Avenue and the restoration and sodding of the boulevards: {4) The. coordination of -the water. main alignments and sizing with the stantdards and requirernents .of t~ Saint Paul Regional Water Scrvicess (SPR~VS). Firs flow rredhtir~s and hydnutt locations shall be verified with -the Maplewood Fire ]Departjmeat. (5) All utility excavati[~s located within the proposed right-cif--ways ar within. its. The developer shall acquire easements for all utilities that would be outsiide the Project area- {E) The plan and profiles of the proposed utilities. ('7~ A detail of any poads, tltc pcam outlets and the rainwater gardens. The contractor shall peat tla~ ~ tv prevent erosion. d. 'The drainage glat~ shall that there is no increase in the. rate of alarm water run- .off leaving (he site above the current (praievelop~nt) levels. The developer's engi~er shall:. (l) Verify nnl~ ~d ape capacities. (2) Submit ~ deaign calculations. c.* The tree plan shall:. {1} I3e approvtd,' wilt tla~landsca~ng, by the Community Design Review Beard (Ct~RB) ~e~+c sib grading~or final plat approval: (2) Show whrre tln« dewalopGa will remove, save or replace large cross. This plan shall include. ~ in~ttcsry of all existing large trees on ~ site. (3} Show the size, species and location of the replacement and screeni~ag trees. The decidumtws tnxs s beat least-two and one half (~'{z} inclres in ~ and shall ix a mix of ted ~d wbitc oaks, ~-, lindens, sugar maples ar other native species. The bus-trees sl'~~ be at-least eight ('S) feet tall and sill be a mix of #3lack Tills Spence: Austrian pine and-other species. (4} Show m tt+te ;oval iu the buffer z~s, conservation Wit, or beyond the $~ "ate ta+ee limits. t5) Incl~e for city a detailed t~ glancing plan. and material list. City Cil (12-10-03 ~. .. *• . (6} Group the new trees together. These planting areas shall be: (a) near the ponding areas (b} Qn the slopes (c} along the west side""tom site to screen the proposed buildings from the honks to the west (7} Show the planting of at least 37 frets after the site grading is done. 3. Change the plat as follows: a. Add drainage and atility ~aseinents as r&luired by the city engineer... b. Show drainage and utitlity ~asemeents along all property lines on the find plat. These:.: easements shall ba=tee feet wide along-the front and near property Iin~s and-five fret wide alat~g the ide pznpe~ty limos. - c. Label the common ar~ess a$ an outlot ox as outlots. d.::If allowed, show the covaton easement on the final. plat. e. Show the building-.pads auxl the common area as a Common Interest Commwp~ity (CIC}: 4. Pay fear oasts relstcd~to ~e ts~gitring department's rtview of the coasen~tion plans. 5. Secure and provide all roquu+ecl its for the deveiop~nt iacludamg any cuff-site. -~-8aed u~il~r emits. ~ ia~lt~a, but not be limited tc~, an ecnt for the ctdve~t draining the P a~.the nidrtt-west comer of the plat.. 6. The devek-per ~ c+cmapk~e all gi€at~ing for public improvements and ov~alt ate ~. The city engir ~ ~ iri ` di~ve~'s amt ~y leg that the devela~x or cantiraetor has ncn c~pl+~tcd baftnti ~ plat appi+ov~l. 7. -. Sign a devoha~'s amt with tl~ qty that guarantees that the developer or coPnt~otca' will. a. C~ all grading fog t-vemll sift: drainage,- complete; all Public imp~ov and meet all city its. b.* Placx tempoc~- cxeng~ saf~y fe~ing and signs at the grading limits. , e. Pr#avide for ttte t+epaar a~ I~ighwtx~d Aver .(street, curb and ' ~d~ boulevard) after . tt~e ~ to the ~ utlliti~s end lwilds the Priv~e dri~neway. ~. Reccud he following with the fffial plat: a. All homeovvne~ won doctaurnents. .. - ~ y City Co02-ltf,o3 Agenda Item G8 MEMORANDUM TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: INTRODUCTION Richard Fursman, City Manager Andrew Gitzlaff, Planning Conditional Use Permit Review St. Paul Business Center East 1983, 1997, 2025 Sloan Place February 17, 2005 The conditional use permit (CUP) for St. Paul Business Center East is due for review. The CUP allowed for an 85,000-square-foot commercial office and warehouse planned unit development. BAC KG RO U N D June 11, 1984: The city council approved the CUP for the planned unit development. July 8, 1985: The city council approved cone-year time extension of the CUP. August 25, 1986: The city council approved afive-year CUP renewal. August 12, 1991: The city council approved afive-year CUP renewal. Sept 23, 1996: The city council approved afive-year CUP renewal. Nov 13, 2001: The city council approved cone-year CUP renewal. Dec 23, 2002: The city council approved cone-year CUP renewal. December 2003: The city council approved cone-year CUP renewal. DISCUSSION On July 10, 1984, the Community Design Review Board (CDRB) approved the building elevations and landscape plan for the St. Paul Business Center East with several conditions (see attached minutes). During last year's CUP review; the following three CDRB conditions required addressing: 1) There shall not be any roof-mounted air conditioning units. Since the original construction of the development and without city staff's knowledge, several roof-mounted air conditioning units had been installed. The property managers had agreed to paint all roof-mounted equipment brown to match the building but two still remained unpainted. 2) A 6-foot tall and 80 percent opaque screen (combination of 50% fence and 50% evergreens) along McMenemy Street and Skillman Avenue. Two sections of the fence had missing boards and were in need of repair. 3) All required plant materials that die shall be replaced by the owner. Six Colorado blue spruce were missing from the site. Upon inspection of the site this year, staff found the above-mentioned conditions addressed as follows: 1) The two roof-mounted air conditioning units have still not been painted. 2) The missing fence boards have been replaced, however, since last year one additional fence section has broken and needs to be repaired. 3) Six Colorado blue spruce were replanted on the site, however, all of the spruce have either died or have been removed by vandals. On February 17, 2005, I spoke to Donald Bachmeier of Bachmeier Corporation, commercial property managers for the St. Paul Business Center East. He told me that all repairs will be completed as soon as weather permits, including painting the two air- conditioning units, repairing the fence, and replacing the trees. The Bachmeier Corporation will send the community development department written notification when the repairs are completed. RECOMMENDATION Review the conditional use permit for the St. Paul Business Center East again in six months to ensure compliance with conditions and that all the repairs have been made. P:sec 18\st paul business center east 2005 Attachments 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Community Design Review Board Minutes (July 10, 1984) 2 = 3 T" j ~. . , . ,w, ~, QI x r;' ;,_. --•r- r.. ~. . ~ '.' � .._. ., ". ��$� F S � R� � � ���} R,= F �� Z" ! 3 R,= F 8 ~ -,~ ..-. . _.~ ~-y .h. ~- - x.13 '6, .. ~ ~ 1.: .1 ,. :. I 'i - Agenda Item G9 MEMORANDUM TO: City Manager Richard Fursman FROM: Karen Guilfoile City Clerk RE: Late Fee Penalty for Business Licenses - 2nd Reading DATE: February 22, 2005 Currently, the city has no policy or ordinance in place that would permit staff to impose a penalty for failure to renew a business license on time. While the majority of the city's businesses are timely during the renewal process, there are those that are not. Staff is recommending approval of the following ordinance revision. Business owners will be notified of the revision and a penalty clause will added to all application and renewal forms. Businesses and Licensing Sec. 14-27. ^,r^~~~~° ^~~'°°°. Fee Amounts and Penalty for Late Application and Payment. Unless otherwise specifically or expressly provided, the amount of any license fee for any license issued by the city shall be imposed, set, established and fixed by the city council, by resolution, from time to time. When a licensee or permit holder fails to make application for a renewal or to pay the required fee on or before the due date, the city will impose a penalty of $25.00 or 10% of the license fee whichever is greater of the two. AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chris Cavett, Assistant City Engineer Agenda Item G10 SUBJECT: Venburg/Guldens Frontage Road Improvements, City Project 04-04, (Part of County Road D West Realignment, City Project 02-08) -Resolution for Modification of Existing Construction Contract, Change Order Nos. 1, 2 and 3 DATE: February 21, 2005 Introduction On April 12, 2004, the city council awarded a construction contract to Imperial Developers, Inc. in the amount of $326,369.34 for the Venburg/Guldens Frontage Road Improvements. The proposed change order reflects proposed additions to the construction contract. It is recommended that the city council consider approving the attached resolution directing the modification of the existing construction contract. Background The items outlined in Change Order Nos. 1, 2 and 3 are described in detail in the attached memo from Mr. Dave Brandt of URS. URS's memo describes additional work items that were necessary during construction. These items were not part of the original contract and were added at the request of the engineer. Change Order Nos.1, 2 and 3 result in a net increase of $3,521.00 in the construction contract. The revised contract amount, if approved will be $329,890.39. Approval of the change order is recommended. Budget Impact These work items fall within the contingencies and approved project budget. No budget increase is proposed for these change orders. Recommendation It is recommended that the city council approve the attached resolution directing the modification of the construction contract with Imperial Developer's Inc. by $3,521.00 for the Venburg/Guldens Frontage Road Improvements, City Project 04-04, (02-08), by approving Change Order Nos. 1, 2 and 3. CMC Attachments: Resolution Memo from URS, 1 pg Change Orders 1, 2 & 3, 3 pgs RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 04-04, Venburg/Guldens Frontage Road Improvements, (part of County Road D West Realignment, Project 02-08), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 04-04, Change Order Nos. 1, 2 and 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Nos. 1, 2 and 3 in the amount of $3,521.00. The revised contract amount is $329,890.39. No revision to the financing plan is required at this time as all items fall within the approved budget. MEMORANDUM Thresher Square 700 Third Street South Minneapolis. MN ~~41~ Phone: (612) 370-0700 Fax: (612) 373-6817 To: Chris Cavett Cope: File: ~ 1809400.08001 City of Maplewood nrnTn; have nran~ii Date: January 4, 200 Subject: Venburg / Guldens -Change Order l; 2, 3 These items will be paid by change order as described helou-. 1. Control erosion /construct bituminous flume. City of Maplewood requests contractor to construct a bituminous flume to control erosion at temporai-y~ driveway to new Frontage Road adjacent to Venburg / Guldens project. Contractor provides negotiated lump sum price for the work in the amount of $1,086.00 / LS. Payment shall be made as Change Order 1 in the amount of $1,86.00. 2. Additional si ng age• City of Maplewood requests additional signage to direct traffic to the Venburg / Crulden site during construction. Contractor provides negotiated lump sum price for the signage in the amount of $426.00. Payment shall be made as Change Order 2 in the amount of $426.00. 3. Provide HDPE flared end section for discharge of project storm sewer into the LeMetry pond. During construction of proposed storm sewer it was determined that a flared end section would be required at the discharge of the new 42" I IDPI/ storm sewer at the discharge point into the LeMetry pond. This flared end section was not listed in the contract unit prices. Contractor provides negotiated lump sum price for the work in the amount of $2,009.00 / LS. Payment shall be made as Change Order 3 in the amount of $2,009.00. If you have any questions or comments regarding this matter. please call me at 612/490-62~ 1. ~JI~S ~;op~ City Copy Contractor Copy Copy CHANGE ORDER NO. I DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: Venburg / Guldens Grading, Utilities and Paving Project No. City Project 02-08 (04-04) Date: 2/09/05 Contractor: Imperial Developers, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: The City of Maplewood requested the contractor to construct a bituminous flume to control erosion at the temporary driveway to the new Frontage Road adjacent to the Venburg/Guldens project. The contractor provided a negotiated lump sum price for the work in the amount of $ 1,086.00 / LS. Description uantit Unit Price Extended Cost Bituminous Flume (1) each $1,086.00 $ 1,086.00 Contract Status Cost Original Contract $ 326,369.39 Net Change of Prior Change Order No. 0 $ 0.00 Change this Change Order: $ 1,086.00 Revised Contract (Pending): $ 327,455.39 Approval Mayor _ Approval j ~ -' ~~/ ~"` Engineer Agreed to by Contractor ~ ~, By Its Title C.O. # 1, Page 1 of 1 ~F~S ~;opy> City Copy Contractor Copy CHANGE ORDER NO. 2 Copy DEPARTMENT OF PUBLiC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: Venburg / Guldens Grading, Utilities and Paving Project No. City Project 02-08 (04-04) Date: 2!10!05 Contractor: Imperial Developers, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the followine provisions: The City of Maplewood requested additional signage to direct traffic to the Venburg/Gulden site during construction. The contractor provided a negotiated lump sum price for the signage in the amount of $ 426.00. Description uantit Unit Price Extended Cost Construction Signs-Special LS $ 426.00 $ 426.00 Contract Status Cost Original Contract $ 326,369.39 Net Change of Prior Pending Change Order No. 1 $ 1,086.00 Change this Change Order: $ 426.00 Revised Contract (Pending): $ 327,881.39 Approval 1V~ayor _ Approval ~~ ., E. ~~:' Engineer Agreed to by Contractor , ,,, By Its C!'i I ~ ~T r~s~~ Title C.O. #2, Page 1 of 1 ~JRS Copy City Copy Contractor Copy r°~,r,,. CHANGE ORDER NO. 3 DEPARTMENT OF PUBLiC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: Venburg / Guldens Grading, Utilities and Paving Project No. City Project 02-08 (04-04) Date: 2;10/05 Contractor: Imperial Developers, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by die following provisions: During construction of proposed storm sewer, it was determined a flared end section would be required at the discharge of the new 42" HDPE storm sewer at the discharge point into the LaMetry Pond. This flared end section was not listed in the contract unit prices. The contractor provided a negotiated lump sum price for the work in the amount of $ 2,009.00. Description uantit Unit Price Extended Cost HDPE Flared End Section LS $ 2,009.00 $ 2,009.00 Contract Status Cost Original Contract $ 326,369.39 Net Change of Prior Pending Change Order No. 1 & 2 $ 1,512.00 Change this Change Order: $ 2,009.00 Revised Contract (Pending): $ 329,890.39 Approval Mayor Approvai " . ~/ % ~ ;,/ Engineer Agreed to by Contractor By Its Title C.O. #3, Page 1 of 1 Agenda Item G11 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: Hazelwood Street Improvements (Beam Ave. to County Road D), City Project 03-39 Resolutions Approving No Parking Restrictions and Establishing an Urban District and Speed Zone DATE: February 21, 2005 Introduction The city council shall consider approving two resolutions: The first is to establish the necessary parking restrictions to meet state aid standards on Hazelwood Street. The second is to establish an urban district to change the speed limit on Hazelwood Street. Background The proposed reconstruction of Hazelwood Street from Beam Avenue to County Road D does not accommodate parking on most of the roadway, per state aid design standards. The exceptions to the parking restriction are two locations adjacent to the Southwind's development where parking bays have been proposed to allow parking per state aid standards. During the design process, attempts are made to keep street widths and pavement area to a minimum to reduce the amount of impervious area and to reduce traffic speeds. Given the current uses or zoning, it was determined that parking was not necessary along most of this segment of roadway. Staff has met with the Cardinal Pointe staff and residents, as well as with St. John's staff, on numerous occasions. The intent and purpose of parking restrictions in the intended locations was clearly discussed and there were no concerns expressed on the subject. Due to the design and funding requirements set on state aid projects, No Parking restrictions must be set by council resolution. Currently this segment of roadway is posted as a 40 mph speed zone and has been the subject of inquiry for years from the adjacent residents. In fact, in 1998 the adjacent residents submitted a petition to the city council requesting a change to the speed limit from 40 mph to 30 mph on this segment of Hazelwood Street. Unfortunately, the roadway did not meet the minimum requirements for an urban district, and by statute Maplewood had no authority to revise the speed limit without a speed study. At that time, the roadway was still very open with little to no development proposed along the roadway. Based on the findings of that speed study, Mn/DOT did not support a change to the 40 mph speed limit. Now, however, with the proposed and current development taking place, the rural character of the roadway is changing to urban. This allows the jurisdictional agency (Maplewood) to declare this segment of roadway an urban district, thus allowing the city council to establish a 30 mph speed zone on this segment of roadway. A 30 mph speed zone is more appropriate to the proposed roadway and adjacent development. The proposed Hazelwood Street design has assumed a 30-mph design speed and the roadway has been designed to keep the roadway widths as narrow as possible to attempt to calm traffic and reduce driving speeds, especially in the residential area. Agenda Background Hazelwood No Parking and Urban District speed Zone February 21, 2005 Page 2 Recommendation It is recommended that the city council approve the two attached resolutions approving No Parking restrictions and establishing an urban district and speed zone for Hazelwood Street from Beam Avenue and County Road D. CMC Attachment 1. Resolution Approving No Parking Requirements 2. Resolution Establishing an Urban District and Speed Zone 3. Location Map RESOLUTION NO PARKING RESTRICTIONS HAZELWOOD STREET IMPROVEMENT, PROJECT 03-39 S.A.P. 138-112-006 WHEREAS, the City of Maplewood has approved the plans for the construction of Hazelwood Street from Beam Avenue to County Road D; and WHEREAS, the city will be expending Municipal State Aid (MSA Project 138-112-006) funds on the improvement of said street; and WHEREAS, segments of said improvement do not conform to the approved minimum State Aid width standard for unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban the parking of motor vehicles on both the east and the west sides of Hazelwood Street from Beam Avenue to County Road D, with the exception of the following locations: 1. Parking shall be permitted on the east side of Hazelwood Street fora 239-ft segment of street between 190' and 431' south of the centerline of Legacy Parkway. 2. Parking shall be permitted on the east side of Hazelwood Street fora 90-ft segment of street between 68' and 158' north of the centerline of Legacy Parkway. Dated at Maplewood, Minnesota this 28t" day of February, 2005 RESOLUTION ESTABLISHING AN URBAN DISTRICT SEGMENT AND SPEED ZONE ON HAZELWOOD STREET BETWEEN BEAM AVENUE AND COUNTY ROAD D WHEREAS, a 40 mph speed zone currently exists on Hazelwood Street between Beam Avenue and County Road D; and WHEREAS, a 40 mph roadway at this location is no longer appropriate for reasons of public safety, based on the changing urban character of adjacent development; and WHEREAS, the scheduled 2005 reconstruction (C.P. 03-39, SAP 138-112-006) of said roadway has been designed assuming a 30 mph design speed; and WHEREAS, the city council of Maplewood has determined that the above described segment meets the definition of an "urban district" as defined in Minnesota Statutes section 169.01, subdivision 59, and WHEREAS, under Minnesota Statute Section 169.14, Subdivision 5b, the governing body may by resolution declare the segment to be an urban district and may establish on the segment the speed limit for urban districts prescribed in Subdivision 2, and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the above described segment be declared an "urban district" and a 30 mile per hour speed limit be established and posted on said segment according to Minnesota Statute 169.14, Subdivision 2, Subpart 1. BE IT FURTHER RESOLVED, that the City Engineer is hereby authorized and directed to forward a certified copy of the Resolution to the Commissioner of Transportation a minimum of 10 days prior to changing the posted speed limit signs from 40 mph to 30 mph. Dated at Maplewood, Minnesota this 28t" day of February, 2005. Agenda Item G12 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer SUBJECT: Public Works Building Addition, City Project 03-19 -Approve Application for Safety Grant DATE: February 21, 2005 Introduction The city's safety coordinator, Bryan Nagel, has found a grant program that appears applicable to upgrading the mechanical air handling system in our Public Works Building. The grant application should be approved by the city council. Background The Minnesota Department of Labor provides safety grants up to $10,000 designed to reduce the risk of injury and illness to workers. The Public Works Building air handling system is not up to code and qualifies for the grant program. The city council authorized $60,000 of funds for the repair of this unit on February 14t". If the grant is approved for the full $10,000, the amount of city funds needed would be reduced to $50,000. The appropriated city funds account for the matching funds required of the grant. Budaet Imaact The impact on the budget will be positive if funds are received. The work has been authorized and will be completed whether the grant is received or not. Recommendation It is recommended that the city council approve the Minnesota Department of Labor and Industry grant application for the repair of the air handling system at the Public Works Garage and authorize the Mayor and City Manager to sign the application on behalf of the city. RCA c: Grant Application 1 Safety hazard abatement grant Application and instructions ~e ~~a it Safety L 1 O d,, ~~ Phi ~°h s~ dom. 0 ~~ ~~ ~~ o~ ~~ ~~r 443 Lafayette Road N. St. Pau I, M N 55155 Phone: (651) 284-5162 Toll-free: 1-800-731-7232 Fax: (651) 284-5739 www.doli.state. mn. us/grants. html Revised Aug. 26, 2004 Instructions Check off each item to ensure the grant application is complete. • If all required answers are not provided your application will be returned to you. • A safety/health on-site hazard survey report with recommendations must be attached to this application. If it is not included your application will be returned to you. • A recent (one full-year) profit and loss statement and a current balance sheet must be attached to this application. If they are not included your application will be returned to you. ~/anrinr ni intac fnr ani iinment to he nurnhased must he attached. Ouo_ tes must list tune of eauioment and cost. If quotes are not included your application will be returned to you. • If you are applying for a training or tuition reimbursement grant only and that section is not complete your application will be returned to you. Introduction The Safety Grant Program awards employers in the state of Minnesota a dollar for dollar match - up to $10,000 - to qualifying employers for projects designed to reduce the risk of injury and illness to their workers, and based on safety/health on-site hazard surveys. This is a reimbursement program. Invoices dated prior to the approved contract date are not eligible for this program. Grants are awarded to employers that best satisfy the Safety Grant Program's goals. If the number of qualified applicants exceeds the available funds, applications are evaluated based on factors in the statutes and rules. (See www.doli.state.mn.us/grants.html, Minnesota Rules 5203.0010-5203.0070.) If your grant is approved, you will be notified in writing of the specific approval. Whether your grant application is approved or not, in no way diminishes, delays or absolves you of any obligation to abate hazards as required by law. No state funds will be distributed until all grant documents are signed by all parties; funds expended before that must not rely on grant approval. Priority will be given to projects, meeting the other requirements for grants, that create production jobs in an area or prevent loss of jobs due to safety problems. Also given priority are projects in industries that are the current focus of Minnesota OSHA compliance and consultation strategies, including: • public sector • rubber and miscellaneous plastics • food and kindred products • industrial machine and equipment • lumber and wood products • communications • furniture and fixtures • hotels and other lodging places • paper and allied products • automotive dealers and service stations • printing and publishing • construction • health services Priority will also be given for safety and health equipment, ergonomic equipment, training for purchased equipment and tuition reimbursement. The Department of Labor and Industry reserves the right to request additional information if necessary. Questions may be directed to Workplace Safety Consultation by: telephone at (651) 284-5162, toll-free at 1-800-731-7232; TTY at (651) 297-4198; fax at (651) 284-5739; or a-mail at mailto:ernest.mattila@state.mn.us. Completed application packets should be sent to; Minnesota Department of Labor and Industry Workplace Safety Consultation/Grant Applications 443 Lafayette Road N., St. Paul, MN 55155 This document can be ~~ru~ idcd in dil ~~rent (bnntit_,, such us I~+rge print. E3riille or suuliuuipe, by Bulling (6j I) 234-~ 162 or (6~ I) 297-193 TTI". Safety hazard abatement grant Page 2 Application and instructions All requested information is required. Company information Company name: _ Contact person: _ Title: Address: City, state, ZIP: __ E-mail address: Phone: Federal ID number`: _______________ SIC code: ____________NAICS: _____ Unemployment insurance ID number"*: Number of employees at location: _____ Fax: State ID number*: Type of business: ____ *Federal ID number is a nine-digit number "'State ID number is a seven-digit number; a tax identification number assigned by the state. ***Unemployment insurance (UI) ID number is a number assigned by the Minnesota Department of Employment and Economic Development. Notice to grantee Grantee is required by Minnesota Statutes §270.66 to provide grantee's federal employer tax identification number (or Social Security number) and Minnesota tax identification number to do business with the state of Minnesota. This information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action requiring grantee to file state tax returns and pay delinquent state tax liabilities, if any. This application will not be approved unless these numbers are provided. These numbers will be available to federal and state tax authorities and state personnel involved in approving the grant contract and the payment of state obligations. Safety hazard abatement grant Page 3 Application and instructions A. A detailed project description ("project" means what you want to purchase with your grant money) -Explain what equipment you are buying and why. Explain how it implements the safety recommendations made in the on-site hazard survey. The description must include all project activities. If your grant request is for training for equipment use or tuition reimbursement only you do not need to complete this section. Safety hazard abatement grant Page 4 Application and instructions C. Implementation schedule with all timelines -Explain when you are going to order, receive and install the project, and when, if your grant request is for training, the training for the equipment purchased will be conducted. You are allowed 120 days from the date of the last signature on the grant agreement to finish your project. Training and education tied to the purchases of equipment will be granted an additional 30 days. Tuition reimbursement will be up to two semesters. Can you meet this deadline? Safety hazard abatement grant Page 5 Application and instructions F. Location -Give the location of the project. Safety hazard abatement grant Page 6 Application and instructions I. Items and costs -Describe the item(s) to be purchased, any correlating training to be conducted and the cost of each item. You will also need to attach a vendor quote for each set of equipment. COStS Total grant-eligible project costs: Amount requested from state grant: (cannot be more than dollar for dollar, up to $10,000) Grant amount requested for training and/or tuition reimbursement costs: Amount of employer matching funds: Amount received from other sources (list source and amount): Safety hazard abatement grant Page 7 Application and instructions Impact If you were to get less than the full amount you requested, would that affect your ability to implement the project? If so, how? If you were to complete the project without grant funding, within what timeframe would the project be complete? Check one of the following; within: ___six months ___12 months ___18 months Form 300 log information Please fill in the information requested. This information will be used to show effectiveness. Provide one full-year of information (i.e. for 2003, provide 2002 information). Summary OSHA-300 data Lo ear g y Average number of full-time em to ees Number of employee hours worked Work-related injuries and illnesses (G) Number (H) Number (I) Number (J) Number of (K) Number (L) Number (M)(1) Injury (M)(2) Skin (M)(3) Respiratory (M)(4) Poisoning (M)(5) All other of deaths of cases of cases other of days on of days disorder condition illnesses with days with job recordabl job away from away from transfer or e cases transfer or work work restriction restriction I Employers with 10 or fewer employees, please provide the following information. Log year Average Number of Injuries Illnesses number of full- employee time em to ees hours worked Safety hazard abatement grant Page 8 Application and instructions Further company information • Who is your workers' compensation insurance company? • What is your workers' compensation policy number? • Are you an employer with at least one employee and have been for at least two years? /rirrla anc~niorl Yac nln • The company is a (circle answer): private employer public employer • Who conducted the safety/health on-site survey you are attaching? (circle one answer) 1. MNOSHA safety/health investigator 2. Workplace Safety Consultation safety/health consultant 3. In-house employee safety/health committee (fill out report form and include minutes) 4. Workers' compensation underwriter (cannot be from loss-control specialist) 5. Private safety/health consultant 6. A person under contract with the Assigned Risk Pool • Are you financially able to complete the employer-paid portion of the proposed project(s)? (circle answer) Yes No The information contained in this application is accurate and true to the best of my knowledge. I am authorized by my employer to make this request. I agree that all applicable regulations will be adhered to in completing the proposed project(s). Authorized representative Date ------------------------------------ Title Safety hazard abatement grant Page 9 Application and instructions Agenda G-13 MEMORANDUM TO: Richard Fursman, City Manager FROM: Steve Lukin, Fire Chief DATE: February 22, 2005 SUBJECT: Pre-Hospital Medical Director Service Agreement Introduction In order to provide emergency medical services, the state of Minnesota requires that you be affiliated with a medical director to oversee all medical protocols and procedures. The city of Maplewood has always used Regions Hospital for its medical direction and has always signed aPre-Hospital Medical Direction Service Agreement. Within this Agreement, it spells out the requirements and obligations that the city of Maplewood and Regions Hospital have for providing medical direction. Our Agreement expired December 31, 2004 and we now have negotiated a new Agreement for medical direction from Regions Hospital. This Agreement has been reviewed by the City Attorney and he has made the necessary changes. Just a quick insight into how the Medical Direction Agreement works. We pay Regions Hospital for each emergency medical call that we respond to and transport. This money is used for continuing education of our paramedics, our EMT's and continuing medical direction. Some changes from the last Agreement are as follows: 1. It was changed from afive-year Agreement to a three-year Agreement. 2. A starting transport payment of $13.90 was set which will increase by the Consumer Price Index for the next two years. If you would like a full copy of the Agreement, please call me and I will forward you one. Recommendation I recommend that the City Council approve the Agreement with Regions Hospital for pre-hospital medical director service starting January 1, 2005 and terminating December 31, 2007. C: City Clerk Agenda Item H1 MEMORANDUM TO: Richard Fursman, City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Development Moratorium Extension -Gladstone Neighborhood DATE: February 17, 2005 INTRODUCTION On March 8, 2004, the city council adopted the Gladstone Neighborhood Moratorium Ordinance establishing cone-year development moratorium for Gladstone. This moratorium was to allow city staff, city council, advisory boards and planning consultant time to work with the area residents and business owners on the creation of a redevelopment plan for the Gladstone Neighborhood. The city has been engaged in this "Gladstone Neighborhood Strategic Planning Study" for one year now and is about half completed in terms of the study-time needed. The city recently hired another planning consultant to carry on with this study. Request Being that the city is still involved in this planning study until the anticipated completion in the fall of 2005, staff is requesting that the city council grant asix-month extension to the moratorium. DISCUSSION On December 13, 2004, the city council approved contracting with the planning firm of Hoisington Koegler Group to continue with the redevelopment planning of the Gladstone Neighborhood. The timeline they established would bring an anticipated conclusion to this study by next September. During the upcoming study, the city is also planning on having a complete environmental assessment performed for the study area to evaluate potential environmental and traffic impacts. A six-month moratorium extension would cover the time needed for continuing study and postpone any potential development/redevelopment in this area until the city council has adopted a land use plan to guide future changes. RECOMMENDATION Adopt the resolution extending the development moratorium for the Gladstone Neighborhood for six months or until the city council approves a redevelopment plan for this area, whichever comes first. p:Gladstone\moratorium\gladstone moratorium extension 2'05 Attachments: 1. Gladstone Development Moratorium Extension Resolution 2. Gladstone Study Area Attachment 1 ORDINANCE NO. AN ORDINANCE EXTENDING THE DEVELOPMENT MORATORIUM FOR THE GLADSTONE NEIGHBORHOOD The area under consideration (hereinafter "Gladstone Neighborhood") includes land generally located along Frost Avenue and English Street in Maplewood as follows: properties south of the Gateway Trail, properties north of Frisbee Avenue, properties east of Phalen Place North, and properties west of Ide Street North (refer to Gladstone Neighborhood Strategic Planning Study Area map attached for exact location). The Maplewood City Council ordains: SECTION 1. PURPOSE 1.01 The City of Maplewood is conducting a strategic planning study that includes land use planning components for the Gladstone Neighborhood. 1.02 The objective of the study is to design a strategic development plan including drawings and design standards the city can use, along with city ordinances, to achieve a sustainable, livable center for this neighborhood. 1.03 In addition to the study, the city's zoning ordinance, zoning map, and comprehensive plan may need to be revised to reflect the following issues: - Land use - Building setbacks - Building height - Design standards for buildings - Pedestrian flow and safety - Parking - Streetscaping - Signage - Lighting - Landscaping - Housing density 1.04 There is a need for this study to be conducted so that the city can adopt changes to the city's zoning ordinance, zoning map, comprehensive plan, and design standards for the redevelopment of the Gladstone Neighborhood. 1.05 There, further, is a need to extend the previously-adopted moratorium ordinance six months for the continued planning study of the Gladstone Neighborhood. SECTION 2. STRATEGIC PLANNING STUDY; MORATORIUM 2.01 The study is authorized by the city. City staff shall coordinate this study with the Metropolitan Council, hired consultants, Gladstone property and business owners, interested citizens, city council, and various city commissions and boards. 2.02 Upon completion of the study, it shall be presented to the planning commission and community design review board for their review and recommendation to the city council. 2.03 A moratorium on development in the Gladstone Neighborhood is adopted pending adoption of the study and any amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study by the city council. The city will not approve any subdivision, design plans or building permit for commercial, institutional, or multi-family residential land uses for the exterior construction of new buildings or additions, and freestanding signs during the moratorium period. SECTION 3. TERM 3.01 The term of this ordinance extension shall be for one and one-half years from the date of it's original adoption or until such time as the city council adopts the study and any amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study. SECTION 4. VARIANCES 4.01 Variances from this ordinance may be granted by the city council based upon a determination that a proposed subdivision or development would be compatible with proposed land use and zoning, and that such proposals would keep with the spirit and intent of this ordinance. The procedures to be followed in applying for a variance from this ordinance shall be in accordance with state law on findings for variances and shall include the following: a. The applicant shall file a completed application form, together with required exhibits, to the Community Development Department. b. The application for a variance shall set forth special circumstances or conditions which the applicant alleges to exist, and shall demonstrate that the proposed subdivision or development is compatible with existing or proposed land use and zoning. c. The application shall be submitted to the planning commission for their review and recommendation to the city council. d. The city council may in its discretion set a public hearing prior to making a final determination on the requested variance. e. The city council may impose such restrictions upon the proposed subdivision or development as may be necessary to comply with the purpose and intent of this ordinance. SECTION 5. EFFECTIVE DATE 5.01 This ordinance shall take effect after the city publishes it in the official newspaper. The Maplewood City Council approved this ordinance on February 28, 2005. Mayor Attest: City Clerk 4 Attachment 2 I' ~ ~ ._ r Y ~ .. ~' Agenda Item H2 MEMORANDUM TO: Richard Fursman, City Manager FROM: DuWayne Konewko, Environmental Management Specialist Butch Gervais, Fire Marshal SUBJ: Ordinance Amendment -Portable On-Demand Storage Unit (POD) DATE: February 17, 2005 BAC KG ROU N D The City currently has no ordinance requirements that regulate the storage of portable on-demand storage units (POD) with respect to length of time (days). The City does, however, regulate the placement of this storage unit on residential properties. PODs must be stored on an impervious surface. At the February 14, 2005 City Council meeting, staff was directed to take another look at the proposed ordinance amendment and make changes. To this end, staff is proposing the elimination of the roll-off container piece of this ordinance and adding language to the POD proposal that would include a provision to exempt PODs on a property that were there in conjunction with an activity needing a building permit or a home improvement project. Staff is also recommending that the impervious surface storage requirement in the ordinance remain intact. DISCUSSION City staff has received a number of complaints regarding the storage and length of time of storage for PODs in residential locations. Neighboring property owners may consider the PODs to be an eye-sore for the neighborhood. In addition, City staff has investigated a few of these complaints and discovered that some of these POD units have been stored in excess of two years on the same property without the owner moving the POD. The City also realizes and understands that there is a need for these POD units in conjunction with remodeling projects, moving, temporary storage, etc. In an attempt to balance the issues and concerns, staff is proposing to add language (subsections h) to Section 30-7, "Solid Waste Management, Unlawful disposal; location of containers for collection; disposal of inflammable or explosive materials". This language is to regulate the time that PODs can be stored on residential properties. Staff is also suggesting language to provide a mechanism for an extension to the proposed language requirements. The City also has exempted the time requirement for storage of PODs in conjunction with permitted activities and home improvement projects. RECOMMENDATION Staff is recommending that we give the attached ordinance amendment a first reading on February 28, 2005. The City Council meeting on February 28, 2005 would also serve as the public hearing for this item. Staff is proposing the following addition to Section 30-7: Section. 30-7 Unlawful disposal; location of containers for collection -portable on- demand storage units (PODs); disposal of inflammable or explosive materials. (h) No property owner or person shall store on a residential property a portable on-demand storage unit (POD) more than 60 days in any 12-month period starting with the day/date the POD is first moved on-site. All PODs must be stored on an impervious surface on the property. The City may grant a time extension of an additional 60 days provided the property owner pets a tracking permit for the POD from the City. In no case shall a POD be stored on a property more than 120 days in any 12-month period. This provision applies to all residential properties includina townhouses. condominiums. and multi-family complexes. PODs stored on residential properties in conjunction with a building permit or home improvement protect are exempt from this provision, except for the requirement to keep the POD on an impervious surface. In such a case, the property owner shall make every effort to adhere to the 120 day maximum time limit. Language that is underlined and bolded represents the proposed ordinance additions. Adopted by the Maplewood City Council on , 2005. 2 Agenda Item J1 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer SUBJECT: Sump Pump I/I Reduction Program (Sanitary Sewer), City Project 04-22 - Second Reading -- Approve Ordinance Amendment Banning Clear Water Discharges to Sanitary Sewer DATE: February 21, 2005 Introduction The current budget includes an appropriation for a sump pump inspection program. On January 10, 2005, the city council approved the first step of the program by conducting a first reading of an ordinance that amends the current city ordinance to clarify prohibited clear discharges into the sanitary sewer and to facilitate sump pump inspections on private property. Upon adoption of the ordinance, the sump pump inspection program will begin. Background During rain events, the City of Maplewood provides excessive peak flows to the Metropolitan Council Environmental Services (MCES) interceptor system. This not only creates water quality problems, it also adds additional costs to Maplewood sanitary sewer rate payers. These costs include the treatment of clear water, inflow and infiltration (I/I), which does not need to be treated. Additionally, these excessive flows limit the capacity of the entire sanitary collection system and create capacity problems for MCES. To combat this problem, MCES is adopting a policy of collection surcharges from those communities that do not mitigate their excessive peak flows. This policy of collecting surcharges will start in 2007. The surcharges will be collected from all sanitary sewer rate payers, even if they are not contributing to the I/I problem. The goals of the sump pump program are to identify those properties that are contributing and to have those properties correct their problem and thus reduce the peak flows. The success of this program will reduce or eliminate the surcharges that MCES will pass on to the City of Maplewood. City Council Agenda Background Sump Pump Inspection Program February 21, 2005 Page Two Schedule The following schedule is recommended for the city council to consider the sump pump inspection program: Council Considers the Draft Ordinance; 1St Reading January 10, 2005 City News Article Received by Homeowners February 1, 2005 Council Approves 2nd Reading and Authorizes Publication of February 28, 2005 Ordinance Amending Discharge of Surface Waters Ordinance Becomes Effective March 9, 2005 Public Information Open House Hosted by City Staff March 21, 2005 Sump Pump Inspection Program Begins April 4, 2005 Recommendation It is recommended that the City Council adopt the ordinance amending the Maplewood City Code regulating the discharge of surface waters into the Municipal Sewer System and approve the second reading of the ordinance to establish the sump pump inspection program. The ordinance shall become effective upon publication in the official city newspaper. C: Sump Pump Ordinance ORDINANCE NO. AN ORDINANCE PROHIBITING THE DISCHARGE OF CLEAR WATER INTO THE MUNICIPAL SANITARY SEWER SYSTEM Section 1. Findings and Purposes. The purpose of this ordinance is for the efficient, economic and safe operation of the municipal sanitary sewer system for the protection of the health, safety and general welfare of the public within the City. Section 2. Definitions. The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Clear Water Drainage means any storm water, natural precipitation, ground water, or flow from roof runoff, surface runoff, subsurface drainage, down spouts, eave troughs, rain spouts, yard drains, sump pumps, foundation drains, yard fountains, ponds, swimming pools, cistern overflows or water discharged from any air conditioning unit or system. Permanently Installed Discharge Line means a rigid discharge line that does not, at any time, discharge water into the municipal sanitary sewer system and does not have any connections for altering the path of discharge. This line must provide for year round discharge to the outside of the structure, preferably to a drainage swale or ditch. The City may also approve a discharge to: 1) the City's storm sewer line by a connection; or 2) the curb and gutter to the street. If the line is connected to the City's storm sewer line, it shall include a check valve. Section 3. Prohibited Discharges. No property owner shall discharge or cause to be discharged any Clear Water Drainage directly or indirectly into the municipal sanitary sewer system. No property owner shall make or maintain a connection between any conductor used to carry Clear Water drainage to the municipal sanitary sewer system. Structures on properties that have a sump pump system to discharge excess water due to the infiltration into foundations shall have a Permanently Installed Discharge Line. Any disconnects or openings in the sanitary sewer system shall be closed or repaired by the property owner in an effective, workmanlike manner in accordance with local, state and federal law. Section 4. Inspections. Every property owner that owns improved real estate in the City shall allow a representative of the City to inspect both the inside and outside of buildings located on the property to confirm that there is no Clear Water Drainage or other prohibited discharge into the municipal sanitary sewer system. Any property owner that refuses to allow his or her property to be inspected within fourteen (14) days of the date of a request by the City representative shall immediately become subject to the surcharge provided for in this ordinance until the property is inspected and/or compliance is met and any penalties and remedies of the City as provided in its policies and codes, including, but not limited to, assessments, administrative expenses in achieving compliance. Any property owner whose property is found in violation of this Ordinance shall make the necessary changes to comply with this Ordinance and shall furnish proof of these changes to the designated City representative within ninety (90) days upon receiving notice of the violation. Section 5. City Installation. Where the property owner has been notified in writing to comply with this ordinance fails, refuses or neglects to comply within ninety (90) days of receipt of the notice, the council may, by resolution, direct the installation of the required pipes, plumbing fixtures and appliances. The cost of installation shall be paid by the City and the actual cost assessed against the property benefitted. After the installation and connections are completed, there shall be served upon the owner of the property, a written notice of the assessment and an order directing the owner to pay the assessment within ten (10) days after the service of the written notice. Upon proof of service of the notice and order, and proof that the assessment has not been paid within the ten (10) days allowed, an assessment hearing shall be held by the City and the benefited property shall be assessed for the costs and administrative expenses incurred by the City in achieving compliance. Section 6. Surcharge. A surcharge of $100.00 for single family properties and $500.00 for all other properties per month shall be imposed and added to every utility billing for properties refusing or failing compliance or inspection as herein provided. The surcharge shall be added to every monthly billing until the property is brought into compliance as determined by the City or the inspection has been permitted and compliance has been determined. The City Council may grant waivers from the surcharges where strict enforcement may cause undue hardship unique to the property or where the property owner was scheduled for disconnection but cannot do so due to the circumstances, such as inclement weather. Section 7. Penalties. Any person violating any provision of this Ordinance is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statute Section 609.02, subdivision 3. Section 8. Severability. Should any section, subdivision, clause or other provision of this ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part held to be invalid. Section 9. Effective Date. This ordinance shall take effect upon its passage and publication. Passed by the City Council on 2005. Mayor ATTEST: City Clerk Ayes - Nayes - Agenda Item K1 MEMORAN~M TO: Richard Foreman, City Manager FROM: Bn~ce K Anderson, Doctor of Parks and Rear~tion DA's.,, 'F`ebruary 'f 7, 2005 #or the February 28 City ~ouncil~ Meetiii~g SUBJECT: Farrel Master Plan for Sterling Oaks Park lntrodudion Sung Oaks Park is a em~l neighborhood park that serves tl~e S Oaks subdilrisi©n and resider+ts ilv~ beitwesn t~urrtruy Avenge ancl~~gfrt t~Oatand4t.rrl~etx Rvsr~aa~nti the raitn3ad 1r~ks. Ttte five-acre arts w88 acxed fiat S~,flfIE~ from C3onyea DevebpmiaN'rt as part d` a negotiahed park development tee agreerrMetrt. The fires concept pt~ was devek~psd ta~ow~g a series of three pubaic meefings, numerous caontscts with ne~hbors by staff, ~ weR as a ratiarhaod ~rveY• Background Sterling t?aks park wry Proms the S1eg t~dcs n~hborhood~wiih Mte last tray oonnedion between ~Y Street, Myrtle Street and Ma~~na. Avenue. The pis main ir~tune is one, large continuous trail ks~ connectlng a Qf , op~ space and neighbatwod Padl'ks. This "secxsY' neighbofiood tray system has p+~ aaurrtNass enjoyment fio as wee as providing a comectieon to the Priory open fior t~ past ten years. Sterkng Oeks Park w~ complete that tray loop and provide a multiuse play arse, floating. boardwalk, iela~nc! access and laming. The Sterr>ing Oaks Parke ply, due to i~ sire and budget ions, was rriv+eiy straightforward. The. neighbors ware ' iy involved and at the third arrd final meeting, wm had 1t?b percent consensus ~ ~ p frnal • ~ . The pr+Niminary cyst estimate is ;;i18,IX10 and there is currently ~O,t31?O budgeted, less X30,000 for the design and constn~cbon rnana~errrsnt tees. Staff naoommends that we-bid this pt outin`its erMirety and appros~ch tt1d- car oounctl to Pofantial~- readjust the current C.t.P. uti~g pack de~bprrrent ttntd monies to ccxnpt~e the ptojec~ and trail IooP syn. At me Decernb~' Z0, 2004 votnrniasian meeting, the parks and recian oorrmtission voted (ayes aft m n3oommend that the masker p~ for S Oaks Park bet adopted as Recxutti~r St~e1f r+scommends t#-at the city ccarrtc~ the enclosed fir-af master pten ~o~' ~g 0eke Park and dk+ets stxrif to ~ deeipna and go ~ pubtlc bki ire sprrkrp of ?005. Id-1~ ma.E.r pan-x.q oMcs.t~rks.osp.m.m -- :+ ,~_ PRELIMINARY COST ESTiMA STERLING QAKS PARK - MAPL EYYOOD M tNNES4TA 8~ldtrrs MII Eclcsr In c. Dabs: 11/211114 ITEM UNIT UNIT PRICE .QTY. TOTAL k ~ 15000.00 000.00 1 1 315000 000 81R fence ff .00 300 . ie00 Ciravei ~ .31000.00 1 000 Tree Pr+oteotion Fence ff .00 1000 000 R 3225 10000 500 ~anular borrow beneath bit. 1~' opsoN borrow (muRi-use fib - 4^ Flee prgdirq Y x10.00 116.00 30.75 340 65 8,000 33 400 31.040 000 Berrolres ~ .O0 8 800 ~~ ea 000.00. . 2 1 000 8oardwallc ~ 100 000.00 1 1 `000 Aroa ~ ~ .~ 1 000 BifOrrtinous , base ff 5.00 1 7 '555 ~ ~ 1 ,536 t.awn Seed 5235 879 Wetland Seed Mix 31.25 1420 1775 Mssic Seed Mtx Mesio Forb mix 3125 31.00 4810 4610 3s 763 610 aY tr+ees ~ .00 1 Pape 1 of 2 t~ 7 ~'RGY~~AAR i ~ i".~i7T~~ STERLING OAKS PARK - MAPLEVMOOD MINNESOTA sanders YYaclar inc. oafs: 11/Y?J~i4 u~ rr~ t~rr arr. ~roT~-L sub~obt i~287 458 pox ~ r~aoe z of 2 i _ ~~_ :., ~ A ~ _ ~ ~ ~ .~ is ~ ~ , ~ a._ ~- ~~; ~~ Q IL V 31 o �.iCal 114" A tC2 fNEMt)RANDUNA TO: Richard Fursmen, City Manager FROM: Bnx:e K Anderson, Director of Parks and Reacation C3ATE: February 17, 2005 for the February 28 City Council Meeting SUB,lECT: Applewood Park Final Nester Plan Appfewood Park is a 3Macre site locked ~ sousjlem Alllewood, east of Stnset arx! north of S~sNer f3rive. The site is 34-acres of wF~eh ai~t awes have been as a neighbafivad prek and the r~ernainirrg 22 ales w~ be managed and devebped under open space st~dards. Etx i$ die fuaik rr plan they l been derrebped af1~ a series of four nom, a aorrttrnanita- survey, and numeirous phone oarriacts and indlvid~ meetings with abuttiri9 PreP~hr . Appfewood Park was atxtuit+ed in 1998 utg both open space andpark ~~ monies. The otigtin~ cots~pt was to Applewt~od Park serge the neighbort~ood .park demem#s as was as the open apace needs of the Ster~ng Street rleorhood. The park Planning pnoosss was ir>iti~ed with a community s~rey fo~owed b°y a ~ tau of~the raborhood to lock at other neighbort-c~od site options. Init~lly s sttrxtg peroer of ti'te nei~ots wets adrrocats-g no dew andior pros~vat"ion of the open space arm witty c;onoerns Trig the mute acshre neitt~ooct Park ~~. Fosow#rg a series of meetings where a rwtnber of indmduals representing theirtl+e~st young den in polar, indics~ed the ~str~ong rimed for development of an active ~r#c campenent The tirtai mash ~ rata~ad strong ttborhood corwensus, leanktg towahd akno~ urtani. There are st~l a few r~ei~bors on ~ ~ who Fetus e~ressed on~cerns ~ noise and views. has met w~ each oF'lhsrn ~I ~d 1 believe t~eached ~ ~ as to the cm's w~sas ht pronr~e ~ screening in the spry of 2f>~. The plan in summary is as fdktws: 1. The neigl'~borhood cornponerss are oorxiatsed to appro~dmatNy two acres instead of the initi~ ~• 2. The neighborhood c~ prevides the best ease of mess to the ~Y ®f the neighborhood served. Access pr~aersed ch~ertginD design issues and w+e are ~ a: o~tia~s. The frrral sign wig detaN Frew we wss access fivm ttra south off of the O'~ey ~t+Bet c~F~-sac. 3. Ths neighborhood compotrsr~ i$ boated to reduce visual access ptopottY owners as welt as ptovidkq t ~ and-per. 4. The nei~borhood component was moved 20 feet to the east compared tD the pr~sfiened ooncap# tp pule ' separ~ior~ from re~der~al. 5. Erosion w~i be reduced by renment of the iteiis. 6. ~ Res~ora6an and preservesion of the natural areas was taken into conaid~ation. 7. Et wirll,er skstirlg Brea w~ added ~'il~ r~uest.o# resKferKs. '~ l ~ pis Proms ~ be very effec~i~re. In per, the crams section il~tt was preperr~sd by ~ arnd ~ssoaa~s ~ ttre major ocncs;ms amassed by razors. Encd is a Qopy of the firms master ~ ~ ~ Virg X766,000. The city has aNoca~ed S35a.000 fbr t~ projec# so ~ wf~ need '~ tae Wished in the spri<tg of 2006. The parks and recxeation canmiss~ coordinated the pubic review process. The commission ~wutrly feoornmet~ded adtrp~ian t~f the fir~F masfier plan as aubrni~ed and diretae~! s~ to forward ~ ~ the city counal for reviser and ornate approval. Rec~mrr~ertdation Stan` ar-d the parks and necxe~on commission re~oon~mer~d that the 4tnai master' plan for AppleMrood Perk be approved with the under~ein~-0 that:~ of phases wry need to be done as part of the bid l~tir~ and final desi~ phase. idtYta~ter pMm Md.sppla~wovd.p~iQOep.mam Enelos~r~s 2 ~; . ~; e .. F ! i . ~. a „~ ~.~ .~. X14 :. .. 'r}~ ~}. . ,_. T~ v ~. ~.r. ~~. ry ~ ~:• ~,:~.~ ~F~ , ~" ~~:~ ~g3~ a~ ~~~ .~ . ;,, ~. ..~~ ~4~ y~ -,: _, ;~ ~, ~: ~: ~~_,. ~~ ~~` . ~,. NSi ~ ~ .~ ~ :.~ ~ ~ - x~ran~rrwr~.~ ~~rxw ves sar~~~w a~ ~rnre~ ~x~ ~ ' ~ ~^1~'"wt !r °4 ' ~ 9~ T ' ~ ~'~ !E ? ~'A!~ ~'~® ~-~ :. ~. ~ ~ ~ ~ :~ ~~ ~ -~ 3: r ~ { ~ ~ , ,~ ~'t r F' ~ -~ - r ~ ~ i ".. e M,. 1 J {J'- ~l' r r Nu pp ~~ i E1. ~ '' - ~~yj[.~ L~. ] - C ~~.Y~ f •. ~ f l ~5 4 ~~ l ' I - w+j ~ ~1 1. - ' +Y: AL ~. - r 1 ~ I~^ F' ~ t a~l w t r+ ~~ ~ - ,. ~~`~ Y Y ti~u S' 11 ~: 1 S SL. E ~ ~ip~f ~~~ t4 - i-(FF - '`..;~ ~t i P`P ~ ' ~ ;~ Al .l+ l1 St k 1f4~ . ~j[ ~{ ~ ~ ~~~ - ~ - {3€ 4 E k { fr t € t. 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"Wobodow Pati and ProoMe W= AGENDA REPORT Agenda Item K3 TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer SUBJECT: County Road D Realignment East (TH 61 to Southlawn), City Project 02-07 and Bruce Vento Trail Extension, City Project 04-25 -Approve Memorandum of Understanding for BNSF Rail Abandonment and Providing for Purchase of Right of Way by Ramsey County Regional Rail Authority DATE: February 22, 2005 Introduction On June 28, 2004, the city council awarded the construction contract for the realignment of County Road D on the east side of Trunk Highway 61 to Southlawn Drive. At that time, all easements except the Burlington Northern railroad easement and an easement from Xcel Energy were secured. Those easements had a tentative agreement at the time that was stated to the Council as having a tentative settlement arrangement. That tentative agreement was not able to be secured; however, a revised understanding is being negotiated. Review and approval of the Memorandum of Understanding is recommended. Background On December 9, 2002, the city council approved a resolution to proceed with a project to realign County Road D from Hazelwood Street to TH 61. That resolution was the culmination of many hours of discussion and debate with staff, agencies, other communities and property owners that occurred over a 15-year period. On May 12, 2003, the city council selected a final alignment for the new roadway and authorized preparation of a preliminary report on the improvement. Following a public hearing on September 8, 2003, the city council approved the realignment of County Road D between TH 61 and Southlawn Drive. The city council approved the first phase of construction with the award of bid on November 10, 2003, for soil correction and wetland creation. On February 23, 2004, the City approved a memorandum of understanding with Xcel Energy for an alternative haul route for their transformers. On June 28, 2004, the city council awarded the final contract for the roadway improvements for the roadway realignment project. At the time of award, it was noted that the City was taking a slight risk due to the unsecured easements with Burlington Northern and Xcel Energy. Throughout 2004, city staff has worked to negotiate final easement arrangements with Xcel Energy and BNSF. Those easement amounts were negotiated and final prices agreed to in the fall of 2004. All appeared secured as part of a complicated settlement, until January 2005, when the details of the final agreement were being finalized. The purchase of the Burlington Northern railroad right of way by Ramsey County Regional Rail involves a complicated set of easements. The railway in Maplewood serves only the Xcel Energy substation. Under the Memorandum of Understanding with Xcel, the railroad was to be abandoned and the excess right of way purchased by Ramsey County Regional Rail as part of the Rush Line Corridor. Xcel Energy requires their existing easement rights to remain in place on the railroad right of way. Regional Rail requested that Xcel pay a monthly usage charge for the right of way. Additionally, BNSF added a requirement on the City's negotiated easement that the Xcel-Regional Rail issue not only be resolved, but that the abandoned right of way must be under purchase agreement before they would release the City's easement. Staff has met with the Regional Rail Authority and appears to have resolved the Xcel -Regional Rail disagreement. A final agreement between Regional Rail and BNSF also appears possible. This agreement along with formalizing the agreement between Xcel and Regional Rail; Maplewood and Ramsey County Parks; and Regional Rail and BNSF are the subject of the attached Memorandum of Understanding. City Council Agenda Background County Road D and Bruce Vento Trail February 28, 2005 Page Two Memorandum of Understanding The attached Memorandum of Understanding (MOU) is an agreement that involves numerous agencies and a complicated set of requirements that need to occur. A majority of the items have been agreed to by the various parties, although each of the agencies need to approve the agreement. If acceptable to the city council, this MOU will be submitted for approval in March 2005 by each agency. Minor adjustments might be needed to facilitate the various property exchanges. Following is a brief summary of the agreement principles: 1. City of Maplewood and Ramsey County Parks enter into Joint Powers Agreement for construction of Bruce Vento Trail Extension from Beam Avenue to Buerkle Road. Ramsey County Parks assigns grant dollars to Maplewood for trail construction and property acquisition. 2. City pays $59,000 to BNSF on behalf of Xcel Energy for relocation rights of railroad and as an accommodation for power line rights. 3. Xcel Energy enters Alternative Railroad Loading Service Agreement with Minnesota Commercial Railroad to reassign rail access rights to a point 200 feet north of Interstate 694 right of way. Xcel Energy notifies Minnesota Commercial and BNSF that they no longer need railroad spur to County Road D site. 4. BNSF and Minnesota Commercial agree to expedite rail line abandonment process. Abandonment process begins immediately and is completed in July 2005. 5. BNSF and Minnesota Commercial grant Maplewood the right to construct roadway (County Road D Improvement) by executing easement agreement that requires Maplewood to pay $103,700 to BNSF for rights. This could occur in April 2005. Maplewood agrees to relocate Xcel Line 0885 to a point acceptable to Xcel Energy due to transmission line conflicts. 6. Maplewood begins construction of County Road D Extension project in May 2005 and completes the work in November 2005. This work includes removal of trackage by Minnesota Commercial along with the railroad bridge at existing County Road D by Maplewood. 7. Following abandonment process, BNSF agrees to sell abandoned right of way to Ramsey County Regional Rail for$1,152,370. Maplewood provides Regional Rail with the $1,152,370, a portion of which is the Ramsey County Parks grant money. 8. Ramsey Rail agrees to execute a separate agreement with Maplewood for the repayment of the right of way cost prior to June 30, 2006, or the right of way becomes Maplewood property for resale to local interests. 9. Xcel Energy executes easement agreement with Ramsey County Regional Rail for permanent line easements for their 345 kV and three 115 kV transmission lines. Xcel and Ramsey County Regional Rail agree that this is an accommodation for the City of Maplewood project improvements and does not establish precedence for future negotiations. Xcel and Ramsey County agree that the future trail improvement and easement to be granted to Ramsey County Parks shall contain a clause that the trail is subordinate to the transmission lines. 10. Either prior to or following the right of way purchase, all agencies agree to grant Maplewood and Ramsey County Parks the rights and permits at no cost for the construction of the Bruce Vento Trail Extension. Maplewood will construct this trail for Ramsey County Parks in July -August 2005. 11. BNSF and Minnesota Commercial agree to sell (fee title) Ramsey County a 25-foot wide strip of property along their easterly right-of-way between the proposed abandonment area and the south right-of-way line of Buerkle Road for the extension of the Bruce Vento Trail. Ramsey County agrees to pay $3.30 per square foot for this property, or $86,130. Maplewood will help facilitate this right of way purchase. 12. Ramsey County will be responsible for any title work and for any environmental assessment work associated with their purchase of the railroad right-of-way. City Council Agenda Background County Road D and Bruce Vento Trail February 28, 2005 Page Three Right of Way and Agreement Options 1. Deny MOU Approval; Continue in negotiation process: a. Allow BNSF &RCRRA to continue to negotiate i. 50-50 chance of success at best ii. Requires Maplewood to mediate; our cost = $25K iii. Will delay County Rd D; 3-6 months; our cost = $200K ? b. May still require $500K from City in Nov 05 to resolve c. Final City cost likely = $725,000; Original Budget = $150,000 2. Deny MOU Approval; Cancel BNSF -RCRRA process; as unlikely to occur w/o Maplewood a. Move Road 100 feet south per MnComm and BNSF suggestion i. Very difficult to unlikely to reach final resolution ii. 2'/2 years of work lost iii. No trail constructed iv. Requires relocation of Power Line Tower b. Project likely delayed for redesign 2-3 months = $100K ? c. Extra right of way costs > Schreier; Cardinal Pointe; _ $150K ? d. Construction delay 1-2 months = $100K ? e. Tower Relocation = $1.5 Million f. Final City cost = $1.8 M to $2.0 M 3. Approve MOU; Guarantee BNSF ROW Purchase at close to appraisal a. BNSF may grant County Rd D Easement to City = No delay costs b. RCRRA appraisal is $600K vs. $1.3 M = $700K difference i. BNSF reduce = $100K ii. City road needed to cul-de-sac = $100K iii. Raise RCRRA offer = 250K iv. Actual City Cost = $250 K =Option #1 w/o delay c. The $250K could come from tax abatement added to $1.75M current budget issues yields a need for $2.0 M. d. Benefits of this approach: i. Negotiate with RCRRA instead of BNSF; ii. If RCRRA says no to Rush Line Corridor; City sells for $1.0 M. iii. Other? 4. Approve MOU; RCRRA purchases ROW from BNSF with City Funds at $1.15M a. This is the recommended option. b. Total Costs =City Esmt + Xcel Esmt + ROW = $1.7M - .3M (Parks $) _ $1.4M c. Benefit is that there is no delay to County Road D. d. Proposal for City expenses: i. Establish TIF District on Mogren property with County approval ii. County approves because all TIF funds are dedicated to ROW costs and district closes when bond paid iii. Timing is critical to financial analysis City Council Agenda Background County Road D and Bruce Vento Trail February 28, 2005 Page Four Budget Impact The recommended option is Option #4, which includes approval of the Memorandum of Understanding. This requires that the City transmit $1,152,370 to facilitate the purchase of the BNSF right of way. The other easement costs are consistent with the original easement budget. The repayment of the $1,152,370 would be by separate agreement with Regional Rail. This agreement would likely determine the possibility of establishment of a TIF district to fund the expenditure. The TIF district would likely include the development of the Countryview Golf Course, which would include funding for other area improvements. The bids for the County Road D projects have been very favorable and resulted in a $1,000,000 savings. Easement costs, however, have far exceeded the original budget. The Countryview Golf easements exceeded the estimates within the feasibility study by nearly $1.2 million. Depending upon the outcome of this negotiation, the TIF district may also be needed/used to cover the easement and right of way cost overruns along with additional costs for drainage and roadways on the Countryview site. Recommendation It is recommended that the city council approve the Memorandum of Understanding with Ramsey County, Northern States Power Company, d/b/a Xcel Energy, Burlington Northern Santa Fe Railroad, Minnesota Commercial Railroad and Ramsey County Regional Rail Authority for the extension of the Bruce Vento Trail and the abandonment and purchase of the BNSF right of way. RCA Attachments: Memorandum of Understanding Location Map Bruce Vento Trail Map MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding dated this day of February, 2005 is between the County of Ramsey, a political subdivision in the State of Minnesota (hereinafter "Count'), the City of Maplewood, a Minnesota municipal corporation (hereinafter "City"), Northern States Power Company, d/b/a Xcel Energy (hereinafter "Xcel Energy'), Burlington Northern Santa Fe Railroad (hereinafter "BNSF"), Minnesota Commercial Railroad (hereinafter "Minnesota Commercial"), and Ramsey County Regional Rail Authority, a political subdivision in the State of Minnesota (hereinafter "Regional Rail"). WHEREAS, the City is undertaking a project known as the County Road D Realignment Project, City Project Number 02-07 ("Project"); WHEREAS, the Project will require the removal of a portion of the existing railroad track located in the area south of Interstate 694 owned by BNSF and leased by Minnesota Commercial; WHEREAS, the portion of the existing railroad track to be removed currently serves only the electric substation ("Kohlman Lake Substation") owned by Xcel Energy along the west side of the railroad south of County Road D. The Kohlman Lake Substation requires rail access for the delivery of transformer units in the event of a need for the installation of additional transformers or the replacement of failed transformers; WHEREAS, Xcel Energy is willing to abandon its use of the railroad track if an alternative roadway access can be established for the hauling of transformers; WHEREAS, a haul route for the transformers for Xcel Energy was approved by a Joint Powers Agreement dated June 25, 2004 ("Haul Route") WHEREAS, Xcel Energy has agreed to utilize this Haul Route and is no longer in need of the railroad track; WHEREAS, Ramsey County has requested that the land underlying the abandoned railroad track be used for its Bruce Vento Trail extension; WHEREAS, Regional Rail has requested to purchase the underlying land for commuter rail purposes; WHEREAS, BNSF has agreed to sell the underlying land to Ramsey County and Regional Rail; NOW THEREFORE, the parties agree as follows: 2/18/05 Draft 1 I. SECTION I, RAMSEY COUNTY. A. Representations and Warranties by the County. The County represents and warrants to the parties that: 1. It has all requisite power and authority to execute this Agreement and the documents previously listed hereof, and the officials of the County who did or will execute the same for and on behalf of the County have the power and the authority to do so and to bind the County; 2. It will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement; and 3. It will cooperate with all requests by the other parties related to this Agreement. B. Obligations of the County in this Agreement. The County shall perform the following: The County agrees to enter into a purchase agreement with BNSF to purchase a twenty-five foot strip of property between the proposed abandonment area and the south right-of--way line of Buerkle Road for the extension of the Bruce Vento Trail, legally described as follows: All that part of the easterly 25.00 feet of the 150-foot wide Burlington Northern Santa Fe Railway right-of--way located in the West Half of the Southeast Quarter of Section 34, Township 30, Range 22, Ramsey County, Minnesota which lies northerly of a line drawn perpendicular with the easterly line of said Railway right-of--way from a point thereon distant 35.00 feet northeasterly from the intersection of said easterly line with the northerly right-of--way line of Trunk Highway 393-694 as described in that certain Final Certificate filed in the Office of the Ramsey County Recorder on November 4, 1966 as Document Number 1687969, and which lies southerly of the southerly line of the 66-foot wide right-of--way of Buerkle Road as described in that certain Perpetual Easement filed in the Office of the Ramsey County Recorder on December 22, 1982 as Document Number 2164739 (`Bruce Vento Trail Extension Property'); The Purchase Agreement shall require that the County pay BNSF $3.30 per square foot (estimated square feet to be acquired is 26,100 square feet _ $86,130.00). The closing on the Bruce Vento Trail Extension Property shall occur no later than May 27, 2005. The County shall be responsible for expenses incurred in obtaining a title insurance policy, title correction work, environmental testing expenses and any environmental corrections associated with this purchase of the Bruce Vento Trail Extension Property from BNSF. 2/18/05 Draft 2. The County agrees to enter into a separate Joint Powers Agreement with the City to allow the City to construct the Bruce Vento Trail Extension, including grading, clearing & grubbing, bituminous pavement, bridge improvements, and restoration work from Beam Avenue to Buerkle Road (`Bruce Vento Trail Extension"). The County shall assign its grant dollars received for the Bruce Vento Trail Extension to the City in payment of City's construction of the improvements and property acquisition. The Joint Powers Agreement shall be executed no later than May 27, 2005. The County shall assign its grant funds for the Bruce Vento Trail Extension in the amount of $663,870.00 to the City in consideration for the City constructing the improvements. 3. The County agrees that BNSF shall grant Xcel Energy a permanent transmission line easement over the Bruce Vento Trail Extension Property prior to the sale of the property to the County and that this easement shall contain a clause that the trail is subordinate to the transmission lines. BNSF shall provide a copy of the Xcel Energy permanent transmission line easement agreement to the County for review and approval. The County shall not unreasonably withhold approval. II. SECTION II. REGIONAL RAIL. A. Representations and Warranties by Regional Rail. Regional Rail represents and warrants to the parties that: It has all requisite power and authority to execute this Agreement and the documents previously listed hereof, and the officials of Regional Rail who did or will execute the same for and on behalf of Regional Rail have the power and the authority to do so and to bind Regional Rail; 2. It will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement; and 3. It will cooperate with all requests by the other parties related to this Agreement. B. Obligations of Regional Rail in this Agreement. Regional Rail shall perform the following: 1. Regional Rail agrees to enter into a Purchase Agreement with BNSF to purchase the excess railroad track right-of--way a$er abandonment, legally described as follows: 2/18/05 Draft All that part of the 150-foot wide Burlington Northern Santa Fe Railway right-of--way located in the Northwest Quarter of Section 3, Township 29, Range 22, Ramsey County, Minnesota which lies northerly of a line drawn perpendicular with the center line of said Railway right-of--way from a point thereon distant 183.00 feet northeasterly from the intersection of said center line with the southerly line of said Northwest Quarter. and: All that part of the 150-foot wide Burlington Northern Santa Fe Railway right-of--way located in the South Half of the South Half of Section 34, Township 30, Range 22, Ramsey County, Minnesota which lies southerly of a line drawn perpendicular with the easterly right-of--way line of said Railway right-of--way from a point thereon distant 35.00 feet northeasterly from the intersection of said easterly right-of--way line with the northerly right-of--way line of Trunk Highway 393-694 as described in that certain Final Certificate and filed in the Office of the Ramsey County Recorder on November 4, 1966 as Document Number 1687969. ("Abandonment Property'); The Purchase Agreement shall require that Regional Rail pay BNSF $1,152,370.00 for the Abandonment Property. Regional Rail shall be responsible for any expenses associated with obtaining a title insurance policy, title corrections work and any environmental testing and/or environmental corrections on the property. Closing shall occur no later than December 31, 2005. The City shall pay Regional Rail the sum of $1,152,370.00 for Regional Rail's purchase of the Abandonment Property. Regional Rail shall enter into a separate agreement with the City detailing the terms for the repayment of the $1,152,370.00 or another agreed upon value. Repayment shall occur before June 30, 2006, or ownership ofthe Abandonment Property shall be conveyed to the City. 2. Agree to grant the City and County any necessary rights and permits at no cost that are needed for construction of the Bruce Vento Trail Extension. 3. Regional Rail agrees that BNSF shall grant Xcel Energy the following permanent transmission line easements over the Abandonment Property prior to the sale of the property to the Regional Rail: a. 150 foot and 55 foot wide easements for the transmission line that crosses and runs north south along the Abandonment Property. 2/18/05 Draft 4 b. 250 foot wide easement that runs east/west across the Abandonment Property. c. 25 foot wide easement along the Bruce Vento Trail Extension Property. BNSF shall provide a copy of the Xcel Energy permanent transmission line easement agreements to Regional Rail for review and approval. Regional Rail shall not unreasonably withhold approval. III. SECTION III, CITY OF MAPLEWOOD. A. Representations and Warranties by the City. The City represents and warrants to the parties that: 1. It has all requisite power and authority to execute this Agreement and the documents previously listed hereof, and the officials of the City who did or will execute the same for and on behalf of the City have the power and the authority to do so and to bind the City; 2. It will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement; and 3. It will cooperate with all requests by the other parties related to this Agreement. B. Obligations of the City in this Agreement. The City shall perform the following: 1. Enter into a Joint Powers Agreement with the County agreeing to construct the Bruce Vento Trail Extension as described above. The Joint Powers Agreement shall be executed by both parties no later than May 27, 2005. Trail construction shall be completed by the City no later than October 31, 2005. The County shall assign its grant funds for the Bruce Vento Trail Extension in the amount of $663,870.00 to the City in consideration for the City constructing the improvements. 2. Pay $59,000 to BNSF for Xcel Energy easements within the Abandonment Property. BNSF shall grant the following easements to Xcel Energy: a. 150 foot and 55 foot wide easements for the transmission line that crosses and runs north south along the Abandonment Property. b. 250 foot wide easement that runs east/west across the Abandonment Property. 2/18/05 Draft 5 25 foot wide easement along the Bruce Vento Trail Extension Property. 3. Pay Regional Rail the sum of $1,152,370.00 for Regional Rail's purchase of the Abandonment Property. Regional Rail shall enter into a separate agreement with the City detailing the terms for the repayment of the $1,152,370.00 or another agreed upon value. Repayment shall occur before June 30, 2006, or ownership of the Abandonment Property shall be conveyed to the City. 4. The City shall pay costs associated with the relocation of Xcel Energy Power Line 0885 to a point acceptable to Xcel Energy. The City and Xcel Energy shall execute a separate agreement detailing the scope and cost for this work. 5. Enter into a Letter Agreement with BNSF for the granting of a permanent easement to the City. The Letter Agreement shall be executed by the City and BNSF no later than April 29, 2005. The City shall pay $103,700.00 to BNSF in consideration for this permanent easement over the Abandonment Property to construct County Road D. 6. Remove the BNSF trackage spur as a part of the Project. The railroad bridge at existing County Road D shall also be removed by the City at a time determined by the City. The City shall be responsible for the costs incurred for these removals. Minnesota Commercial shall be responsible for salvaging and/or disposing of the existing ties and rails within the abandonment area. 7. The City shall complete construction of its County Road D extension project no later than November 30, 2005. IV. SECTION IV, XCEL ENERGY. A. Representations and Warranties by Xcel Energy. Xcel Energy represents and warrants to the parties that: It has all requisite power and authority to execute this Agreement and the documents previously listed hereof, and the officials of Xcel Energy who did or will execute the same for and on behalf of Xcel Energy have the power and the authority to do so and to bind Xcel Energy; 2. It will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement; and 3. It will cooperate with all requests by the other parties related to this Agreement. 2/18/05 Draft B. Obligations of Xcel Energy in this Agreement. Xcel Energy shall perform the following: Enter into an Alternative Loading Service Agreement with Minnesota Commercial no later than April 29, 2005 to reassign rail access rights to a point north of the Abandonment Property. 2. Notify Minnesota Commercial and BNSF in writing no later than April 1, 2005 that it no longer needs the railroad spur to the Kohlman Lake Substation site. This notification must confirm to Minnesota Commercial that the proposed Abandonment Property limits are acceptable to Xcel Energy. 3. Enter into a permanent easement agreement with BNSF for its transmission lines within the Abandonment Property no later than August 31, 2005. The City shall pay BNSF $59,000 in consideration for the granting of the following easements to Xcel Energy: a. 150 foot and 55 foot wide easements for the transmission line that crosses and runs north south along the Abandonment Property. b. 250 foot wide easement that runs east/west across the Abandonment Property. 25 foot wide easement along the Bruce Vento Trail Extension Property. Xcel Energy understands and agrees that this easement is an accommodation for the City Project improvements and does not establish a precedent for future negotiations with Regional Rail and the County. The permanent easement agreement shall contain a clause that the Bruce Vento Trail Extension is subordinate to the transmission lines. 4. Agree to grant the City and Ramsey County any necessary rights and permits at no cost needed for construction of the Bruce Vento Trail Extension. V. SECTION V, BNSF. A. Representations and Warranties by BNSF. BNSF represents and warrants to the parties that: 1. It has all requisite power and authority to execute this Agreement and the documents previously listed hereof, and the officials of BNSF who did or will execute the same for and on behalf of BNSF have the power and the authority to do so and to bind BNSF; 2/18/05 Draft 2. It will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement; and 3. It will cooperate with all requests by the other parties related to this Agreement. B. Obligations of BNSF in this Agreement. BNSF shall perform the following: Agree to the expedited rail line abandonment process, to begin immediately and be completed by August 31, 2005. 2. Execute the Letter Agreement with the City no later than April 29, 2005, giving the City a permanent easement to construct the County Road D improvements. The City shallpay BNSF $103,700.00 in consideration for the granting of this easement. 3. Enter into a Purchase Agreement with Regional Rail to sell the Abandonment Property to Regional Rail for the appraised value of $1,152,370.00. Closing shall be completed no later than December 31, 2005. 4. Agree to grant the City and County any necessary rights and permits at no cost that are needed for construction of the Bruce Vento Trail Extension. 5. Enter into a Purchase Agreement with the County to sell atwenty-five foot strip of property between the proposed Abandonment Property and the south right of way line of Buerkle Road for the Bruce Vento Trail Extension. The County shall pay $3.30 per square foot for the property (26,100 square feet x $3.30 sq/ft = $86,130.00). Closing shall occur no later than May 27, 2005. 6. Agree to grant the following easements within the Abandonment Property to Xcel Energy for the total cost of $59,000: 150 foot and 55 foot wide easements for the transmission line that crosses and runs north south along the Abandonment Property. b. 250 foot wide easement that runs east/west across the Abandonment Property. 25 foot wide easement along the Bruce Vento Trail Extension Property. 2/18/05 Draft VI. SECTION VI. MINNESOTA COMMERCIAL. A. Representations and Warranties by Minnesota Commercial Minnesota Commercial represents and warrants to the parties that: 1. It has all requisite power and authority to execute this Agreement and the documents previously listed hereof, and the officials of Minnesota Commercial who did or will execute the same for and on behalf of Minnesota Commercial have the power and the authority to do so and to bind Minnesota Commercial; 2. It will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement; and 3. It will cooperate with all requests by the other parties related to this Agreement. B. Obligations of Minnesota Commercial in this Agreement. Minnesota Commercial shall perform the following: Agree to the expedited rail line abandonment process, to begin immediately and be completed no later than August 31, 2005. 2. Execute the Letter Agreement between the City, Minnesota Commercial and BNSF granting the City a permanent easement for roadway purposes no later than April 29, 2005. 3. Agree to grant the City and County any necessary rights and permits at no cost that are needed for construction of the Bruce Vento Trail Extension. 4. Execute in cooperation with the BNSF, a Purchase Agreement with the County to sell atwenty-five foot strip of property between the proposed Abandonment Property and the south right of way line of Buerkle Road for the Bruce Vento Trail Extension. The County shall pay $3.30 per square foot for the property (26,100 square feet x $3.30 sq/ft = $86,130.00). Closing shall occur no later than May 27, 2005. 5. Execute in cooperation with the BNSF, a Purchase Agreement with Regional Rail to sell the Abandonment Property. The Purchase Agreement shall require that Regional Rail pay BNSF $1,152,370.00 for the Abandonment Property. Closing shall occur no later than December 31, 2005. 6. Be responsible for the salvaging of the existing ties and rails within the Abandonment Property. The salvaging of this material shall be completed by May 27, 2005. 2/18/05 Draft VII. GENERAL PROVISIONS. A. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. B. Arbitration. It is agreed by the parties that any differences, disputes or claims which arise under and pursuant to this Agreement or as to the performance thereof by the parties hereto shall be submitted for arbitration to a board of arbitrators consisting of three (3) persons, one selected by the party interested in the other side of the dispute, and a third person mutually selected and agreed upon by the first two arbitrators. Any party shall notify the other party in writing, served by U.S. Mail, certified or registered, postage prepaid, of a dispute, stating the nature of the claim or dispute and the name and address of the selected arbitrator. The other party shall serve notice of its selected arbitrator and opposition or other interest in the claim or dispute. The two arbitrators shall select a third disinterested arbitrator within fifteen (15) days after the response notice stated above. Arbitration shall be commenced within forty-five (45) days of the original notice pursuant to the previous paragraphs hereof, and all proceedings shall be governed by the Minnesota Statutes, Chapter 572. The decision of any two arbitrators shall be binding and conclusive with respect to all claims and disputes submitted in such arbitration proceedings. If a party does not respond to an arbitration notice, then the party first serving the arbitration notice under the previous paragraph shall be entitled by Motion to petition a court of competent jurisdiction for its order selecting and appointing an arbitrator for said defaulting party. Any such determination by the Court shall be final, binding and conclusive as to all parties in interest. Expenses for the arbitration shall be divided equally among the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. COUNTY OF RAMSEY 2/18/05 Draft By: Its: By: Its: 10 Date Date RAMSEY COUNTY REGIONAL RAIL AUTHORITY By: Date Its: By: Date Its: CITY OF MAPLEWOOD By: Date Its: By: Date Its: NORTHERN STATES POWER COMPANY, DB/A XCEL ENERGY By: Date Its: By: Date Its: 2/18/05 Draft 11 BURLINGTON NORTHERN SANTA FE RAILROAD By: Its: Date By: Its: Date MINNESOTA COMMERCIAL RAILROAD By: Its: Date By: Date Its: 2/18/05 Draft 12 ?~€ ;_, `' 3`i ~ - ~.a_. P~ ., ~-= __ ~. _.a _ __ // _-- ~ ~~ I~ . ~ ~~ / ~ ~I ~ ~ ~ ~ ~. ~, _____ J_ F k ~ ~„ ~~ $ E: ~$ i~ I `~~~, ~ ®® i'