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2004 03-22 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 22, 2004 Council Chambers, Municipal Building Meeting No. 04-07 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Minutes from the Council/Manager Workshop--March 8, 2004 2. Minutes from the City Council Meeting--March 8, 2004 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. Assistant Building Official Pay 3. Lawful Gambling Resolution -National Investor Relations Institute (NIRI) 4. Budget Changes for Fire State Aid 5. Police Department Interview Room Audio-Visual Recording System 6. Dial Tone Agreement Renewal with McLeodUSA 7. Carlton Street Improvements, Project 03-22 -Resolution for No Parking Restriction 8. New Title -Firefighter-Paramedic Wages 9. Conditional Use Permit Review -Over-sized Accessory Building (2776 Keller Parkway) H. PUBLIC HEARINGS 1. 7:00 p.m. Legacy Parkway, Hazelwood to Kennard, Project 03-26, Resolution Ordering Project to Construction, Directing the Preparation of Plans and Directing the Acquisition of Right of Way L AWARD OF BIDS None J. UNFINISHED BUSINESS 2004 Council Appointment - 800 MHz Representative K. NEW BUSINESS 1. Cable Commission Representative--No Report 2. Kennard Street Landscape Improvements, Project 03-04 -Resolution for Approval of Plans and Ad for Bids 3. Legacy Parkway, Hazelwood to Kennard, Project 03-26, Resolution Approving Purchase Agreements for 3056 Hazelwood and 3062 Hazelwood as part of Right of Way Acquisition 4. Community Center Staffing Change 5. Hazelwood/County Road C Area Streets, Project 03-18 -Resolutions to: a. Approve Plans and Ad for Bids b. Order Assessment Roll c. Order Assessment Hearing 6. Kennard Street Improvements, Project 03-04 -Resolution for Modification of Existing Construction Contract, (Change Order No. 3) 7. English Street Improvements, Project 01-14 -Resolutions for Acceptance of Project 8. Advisory Board Policy 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 D 1 MINUTES CITY COUNCIL/MANAGER WORKSHOP Monday, March 8, 2004 Maplewood Room, City Hall 6:00 p.m. A. CALL TO ORDER B. ROLL CALL Robert Cardinal, Mayor Marvin Koppen, Councilmember Kathleen Juenemann, Councilmember Jackie Monahan-Junek, Councilmember Will Rossbach, Councilmember Others Present: C. D. City Manager Fursman Assistant City Manager Coleman City Clerk Guilfoile Police Chief Thomalla Fire Chief Lukin Present Present Present Present Present Human Resources Director Le (arrived at 6:10 p.m.) Parks and Recreation Director Anderson (arrived at 6:37 p.m.) APPROVAL OF AGENDA Councilmember Juenemann moved to approve the agenda as presented. Seconded by Councilmember Koppen Ayes-All NEW BUSINESS 800 MHz-No Report Police Chief Thomalla gave an overview of the current system and the proposed 800 MHz system. Questions were answered and discussion was held regarding the pos and cons of the issue. 2. Gladstone Update Assistant City Manager Coleman gave an update regarding the mobile home parks inquiry about the city's interest in purchasing their property. The tourist cabins owner, Phillip Johnson, currently has a purchase agreement to sell his property. He will be submitting a proposal to council in the near future. City Council/Manager Workshop 03-08-04 E. FUTURE TOPICS Sidewalk Study-Overall City Plan F. ADJOURNMENT With there being no further business, Mayor Cardinal adjourned the meeting at 6:52 p.m. City Council/Manager Workshop 03-08-04 A. B. C. D. DRAFT--MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 08, 2004 Council Chambers, Municipal Building Meeting No. 04-05 CALL TO ORDER: Agenda Item D2 A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:03 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE Boy Scout Troop 461 led the pledge of allegiance. Mayor Cardinal recognized the following residents serving over seas: • William Cockriel, Active duty in Baghdad • Will Riser Jr., Sergeant in the Army Reserve • Erik Ahlness, National Guard Lieutenant Colonel in Bosnia ROLL CALL Robert Cardinal, Mayor Present Marvin Koppen, Councilmember Present Kathleen Juenemann, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES Minutes from the City Council/Manager Workshop-February 09, 2004 Councilmember Juenemann moved to approve the minutes from the February 9, 2004 City Council/Nlana~er workshop as presented. Seconded by Councilmember Monahan-Junek Ayes-All 2. Minutes from the City Council/Manager Workshop-February 23, 2004 Councilmember Juenemann moved to approve the minutes from the February 23, 2004 City Council/Nlana~er workshop as presented. Seconded by Councilmember Monahan-Junek Ayes-All Minutes from the City Council Meeting-February 23, 2004 Councilmember Koppen moved to approve the minutes from the February 9, 2004 City Council meeting as presented. City Counci103-08-04 E. F. G. Seconded by CouncilmemberRossbach Ayes-All 4. Minutes from the City Council/Manager Workshop-March O1, 2004 Councilmember Juenemann moved to approve the minutes from the March O1, 2004 Ci Council/Nlana~er workshop as presented. Seconded by Councilmember Juenemann Ayes-All APPROVAL OF AGENDA M1. Newsletter Rotation M2. Mayor's Forum M3. South End of Maplewood Focus Group M4. NEST M5. Ramsey County League of Local Government Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes-All APPOINTMENTS/PRE SENTATIONS None CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE: $ 3,000.00 Checks # 63191 dated 2/19/04 $ 125,489.96 Checks # 63192 thru # 63235 dated 2/24/04 $ 328,415.78 Disbursements via debits to checking account dated 2/13/04 thru 2/20/04 $ 1,420.71 Checks # 63236 dated 2/23/04 $ 927,03029 Checks # 63237 thru # 63304 dated 3/02/04 $ 113,166.14 Disbursements via debits to checking account dated 2/23/04 thru 2/26/04 City Counci103-08-04 2 $ 1,498,522.88 Total Accounts Payable PAYROLL $ 415,140.20 Payroll Checks and Direct Deposits dated 2/27/04 $ 4,482.29 Payroll Deduction check # 96722 thru # 96774 dated 2/27/04 $ 419,622.49 Total Payroll $ 1,918,145.37 GRAND TOTAL 2. 3 4 5 6 On-Sale 3 2 Malt Liquor License -The Ponds At Battle Creek Golf Course Approved the 3.2 Malt Liquor License for Bradley Behnke to be used at the Ponds at Battle Creek Golf Course, 601 Century Avenue. Conditional Use Permit Review -Maplewood Toyota (2873 Highway 61 North) Approved to review the conditional use permit for Maplewood Toyota at 2873 Highway 61 again in one year or sooner if the owner proposes a major change to the site. Conditional Use Permit Review - Hillcrest Animal Hospital (1320 County Road D) Approved to review the conditional use permit for the Hillcrest animal Hospital at 1320 County Road D again in one year or sooner if the owner proposes a maj or change to the site. Conditional Use Permit Review - Emma's Place (2161, 2163 and 2165 Van Dyke Street) Approved to review the conditional use permit for Emma's Place located at 2161, 2163, and 2165 Van Dyke Street North in one year to ensure compliance with conditional use permit conditions. Development Agreement-Ashley Furniture at Legacy Village Adopted the following agreement with Ashley Furniture stipulating how assessments will be paid and removing them from the development agreement: City Counci103-08-04 3 CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RELEASE OF OBLIGATIONS UNDER MASTER DEVELOPMENT AGREEMENT ASHLEY FURNITURE DEVELOPMENT L Recital. 1.1 The Effective Date of this Agreement is March 8, 2004. 1.2 The Parties to this Agreement are City of Maplewood, Minnesota, a Minnesota statutory city ("City"), Legacy Holdings-MW LLC, a Minnesota limited liability company ("Master Developer") and Furn USA, LLC, a South Dakota limited liability company ("Successor Developer"). 1.3 City and Master Developers are parties to a Master Development Agreement with an effective date of September 8, 2003 as amended by First Amendment to Master Development Agreement with an effective date of February 9, 2004 ("Master Development Agreement"). 1.4 Various real estate parcels are subj ect to the Master Development Agreement and Successor Developer has entered into an Agreement with Master Developer to purchase one of the parcels subject to the Master Developer Development Agreement for the purpose of constructing and operating a furniture store and related amenities ("Ashley Furniture Development"). Such parcel is now legally described as: Lot 5, Block 2, Legacy Village of Maplewood, Ramsey County, Minnesota (" Subj ect Parcel") 1.5 In connection with the acquisition of the Subject Parcel, Successor Developer has requested that the Subject Parcel and the Successor Developer be released from the terms and conditions of the Master Developer Agreement pursuant to Section 92(c) of the Master Development Agreement and Master Developer has requested to be released from the terms and conditions of the Master Development Agreement as to the Subj ect Parcel pursuant to Section 9.3 of the Master Development Agreement. 1.6 City has approved the Ashley Furniture Development Site Plan and, on that basis, City is willing to release both the Successor Developer and Master Developer from the terms and conditions of the Master Development Agreement subject to Master Developer's acknowledgement of its obligations under Section 6.2 of the Master Development Agreement to pay a part of the special assessments attributable to the Subj ect Parcel asset forth on Exhibit F to the Master Development Agreement and its continuing obligations as to other parcels that remain subj ect to the Master Development Agreement. City Counci103-08-04 THEREFORE, IT IS AGREED AS FOLLOWS: II. Agreement. 2.1 Because City has approved the Ashley Furniture Development as set forth above, City agrees that: (a) The Subject Parcel is released from the Master Development Agreement and therefore the Master Development Agreement no longer encumbers the Subj ect Parcel. (b) Successor Developer has no liability or obligations under the Master Development Agreement; provided however, this Agreement does not release the Successor Developer from its obligations to timely pay City fees and charges due in the ordinary course of development and building construction. 2.2 Successor Developer will commence and complete the Ashley Furniture Development as approved by the City. 2.3 From and after the effective date set forth above, Master Developer is released from its obligations under the Master Development Agreement as to the Subj ect Parcel subject to the following: (a) Master Developer will comply with the terms of Section 6.2 of the Master Development Agreement in connection with the payment of special assessments attributable to the Subject Parcel; and (b) Master Developer remains liable under the Master Development Agreement as to all other parcels subject to the Master Development Agreement that are not released hereby or previously released. This document drafted by: Briggs and Morgan, P.A. (DJC) W2200 First National Bank Bldg. 332 Minnesota Street St. Paul, MN 55101 SPECIAL ASSESSMENTS ESCROW AGREEMENT THIS SPECIAL ASSESSMENTS ESCROW AGREEMENT ("Agreement") is made and entered into this day of March, 2004, by and between FURN USA, LLC, a South Dakota limited liability company ("Furn USA"); FIRST AMERICAN TITLE INSURANCE COMPANY ("First American"); and CITY OF MAPLEWOOD, MINNESOTA, a Minnesota statutory city ~"City "~. RECITALS A. Legacy Holdings-MW, LLC, a Minnesota limited liability company ("Legacy") and the City entered into the Development Agreement relating to the Legacy Village Project, City of Maplewood, Minnesota effective September 8, 2003 and the First Amendment to Development Agreement effective February 9, 2004 ("Development Agreement"). B. Outlot C ("Furniture Store") described on Exhibit F of the Development Agreement has subsequently been platted as Lot 5, Block 2, Legacy Village of Maplewood, Minnesota (the "Property"). C. Legacy and Furn USA entered into a Purchase Agreement effective May 5, 2003 for the sale of the Property by Legacy to Furn USA. City Counci103-08-04 D. Concurrent with the execution of this Agreement, Legacy has conveyed the Property to Furn USA. E. There are assessments levied or pending with respect to the Property as described on Exhibit F of the Development Agreement in the amount of $372,523. $106,262 (Kennard Street) has been levied against the Property and $266,261 (Remaining Proj ects) is pending against the Property. F. Section 6.2(e) of the Development Agreement provides that the City will pay $251,133 (67.414%) of the $372,523 of assessments levied against the Property at such time as the requirements of Section 6.2(e) of the Development Agreement have been fulfilled. As to the building permit requirements, Furn USA anticipates that such building permits will be issued within one hundred twenty (120) days of the date of this Agreement. G. As provided in the Development Agreement, the maximum amount of assessments against the Property will be $372,523 and the amount to be paid by the City is a fixed amount of $251,133. The maximum amount to be paid by Legacy is $121,390 (32.586% of $372,523). If the amount levied is less than $372,523, the difference shall be refunded to Legacy. H. Legacy and Furn USA are desirous of consummating the sale and purchase at this time, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing and the terms and conditions hereinafter set forth, Furn USA, the City and First American agree as follows: 1. Concurrent with the execution of this Agreement, Legacy has deposited in escrow with First American the sum of $121,390, the receipt of which is hereby acknowledged by First American, to be used to pay assessments as levied as set forth in Recital G above. 2. First American agrees to hold the $121,390 until it receives written notice from the City that the terms of Section 62(e) of the Development Agreement have been fulfilled. If all of the assessments described on Exhibit F of the Development Agreement have been levied, then First American shall disburse the $121,390, together with interest accrued thereon, as follows: (a) to the Ramsey County Finance Department -payment in full of the assessments; and (b) to Legacy Holding-MW, LLC, 12100 Singletree Lane, Suite 101, Eden Prairie, Minnesota 55344-7933 -the balance thereof, if any. The City shall credit the assessments pursuant to Section 62(e) of the Development Agreement. If all of the assessments have not been levied, then the $121,390 plus any accrued interest thereon shall be transferred to an escrow pursuant to Section 4 herein. The City shall deposit with First American $251,133 in the escrow pursuant to Section 4 herein at such time as the terms of Section 6.2(e) of the Development Agreement have been fulfilled. Pursuant to the terms of the Escrow Agreement described in Section 4 herein, when the assessments have been levied, the assessments shall be paid pursuant to the terms of such Escrow Agreement. 3. The City is executing this Agreement for the following purposes only: City Counci103-08-04 (a) to affirm that, subject to the terms of the Development Agreement, it has no interest in the $121,390; (b) to affirm that Section 6.2(e) of the Development Agreement is in full force and effect as to the Property; (c) to affirm that Legacy is not in default under the Development Agreement as to the Property; (d) to affirm that the City will notify First American when all of the assessments have been levied; and (e) to affirm its obligations under Section 6.2(e) of the Development Agreement as to the Property. 4. This Agreement shall terminate upon the release of the $121,390 pursuant to Section 2 herein or the transfer of the $121,390 and the $251,133 to First American as provided in the next sentence and the performance by the City under Section 62(e) of the Development Agreement. If any assessments are pending at the date of termination of this Agreement, First American shall hold the $121,390 and $251,133 pursuant to the Escrow Agreement For Pending Assessments ("Escrow Agreement") attached hereto as EXHIBIT A and made a part hereof. 5. First American's escrow service fee is $0.00, receipt of which is hereby acknowledged. 6. The acceptance by First American of its duties under this Agreement is subject to the following terms and conditions, which all parties to this Agreement hereby agree shall govern and control with respect to the rights, duties, liabilities and immunities of First American. (a) First American is not a party to and is not bound by, any agreement which may be evidenced by or arise out of the foregoing escrow instructions, other than expressly therein set forth. (b) First American shall be protected in acting upon any written notice, request, waiver, consent, receipt or other paper or document which First American in good faith believes to be genuine and what it purports to be. (c) First American shall not be liable for any error of judgment, or for any act done or step taken or admitted by it in good faith, or for any mistake of fact or law, or for anything for which it may do or refrain from doing in connection therewith, except its own misconduct. Furn USA shall indemnify and agree to pay First American for any claims or expenses arising out of this Agreement, including court costs and reasonable attorneys' fees. 7. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. 8. This Agreement shall be governed by the laws of the State of Minnesota. 9. No rescission of this Agreement or modification of its terms shall be effective without the written consent of the undersigned parties. City Counci103-08-04 7. Temporary Gambling and Fee Waiver-Presentation of Blessed Virgin Mary Church- Benefit for Nick Misgen Adopted the following resolution approving the temporary gambling permit for Stephen Klein on behalf of Presentation of Blessed Virgin Mary Church for a benefit for Nick Misgen and waived the fee: RESOLUTION 04-03-048 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Presentation of the Blessed Virgin Mary Church at Hill Murray High School, 2625 E. Larpenteur Avenue, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statutes § 349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute § 349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Temporary Food and Liquor and Fee Waiver-Hill Murray High School-Benefit for Nick Misgen Approved the temporary liquor and food licenses for Nancy Goetzke on behalf of Hill Murray High School for a benefit for Nick Misgen. Councilmember Koppen moved to approve the consent agenda items as presented. Seconded by Councilmember Juenemann Ayes-All H. PUBLIC HEARINGS 7:15 p.m. Gladstone Neighborhood Development Moratorium (Second Reading) City Manager Fursman presented the report. b. Assistant City Manager Coleman presented specifics from the report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Al Olson, 1221 Frost, Maplewood Jan Steiner, 1876 E. Shore Drive, Maplewood Delano Benjamin, owner of Maplewood Bowl, Maplewood Rich Horwath, owner of Richard's Market, Maplewood John Blake, 1201 Frost Avenue, Maplewood Jim Swoboda, 2036 English Street, Business Owner City Counci103-08-04 David Bartel, 1249 Frisbee, Maplewood Jim Simpson, 1770 Atlantic Street, Maplewood Al Olson, second appearance Addy Benjamin, owner of Maplewood Bowl, Maplewood d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following ordinance a~provin~ a development moratorium for the Gladstone Neighborhood that precludes any futures development within the Gladsome strategic planning study area until the adoption of the SDP and land use changes by the city council within one vear_ whichever comes first: ORDINANCE NO. 846 AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND DEVELOPING BUILDING AND DESIGN STANDARDS 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 City Counci103-08-04 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 shall be for one year 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: 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. 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. 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. Seconded by Councilmember Juenemann Ayes-All City Counci103-08-04 10 Athree-minute break was taken. L AWARD OF BIDS Maplewood News City News Publication City Manager Fursman presented the staff report. b. Parks and Recreation Director Anderson presented specifics from the report. Councilmember Koppen moved to Award the 2004 Publishing of the Maplewood Cites publication to Nystrom Publishing in the amount of $32,484.00. Seconded by Councilmember Juenemann Ayes-All J. UNFINISHED BUSINESS None K. NEW BUSINESS Carlton Street Improvements, City Project 03-22 -Resolution Ordering Assessment Roll Hearing for 7:00, Monday April 12, 2004 City Manager Fursman presented the staff report. b. Assistant City Engineer Cavett presented specifics from the report. Councilmember Juenemann moved to approve the attached resolution for the Carlton Street Improvements, Project 03-22 Ordering the Assessment Hearing for 7:00 p.m., Monday, April 12, 2004: RESOLUTION 04-03-047 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an assessment roll for the Carlton Street Improvements, City Project 03-22, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 12th day of April 2004, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. City Counci103-08-04 11 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and that written or oral objections will be considered. Seconded by Councilmember Koppen Ayes-All 2. Proposed Cul-de-Sac west of Germain Street, Project 04-03 -Resolution for Cancellation of Project City Manager Fursman presented the staff report. b. Assistant City Engineer presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution for cancellation of the project for the proposed cul-de-sac west of Germain Street, Project 04-03 RESOLUTION 04-03-049 CANCELLATION OF CITY PROJECT 04-03 WHEREAS, on January 26, 2004, the council accepted petitions from the two property owners requesting the construction of a cul-de-sac and associated utilities and services on the property located west of Germain Street between Sextant and Brooks Avenues, and WHEREAS, the council approved a resolution ordering the preparation of the feasibility study at that meeting as well, and WHEREAS, one of the petitioners for the project has now withdrawn their request for the preparation of a feasibility study, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the preparation of a feasibility study for the proposed cul-de-sac west of Germain Street, Project 04-03, is cancelled. Seconded by Councilmember Monahan-Junek Ayes-All Ramsey County Suburban Court Facility Site Proposal - 2050 White Bear Avenue City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Commissioner Victoria Reinhardt addressed the council. d. David Twa, Ramsey County Manager, answered staff question. Councilmember Koppen moved to agree with staff's recommendation to offer a city owned site to Ramsey Count. f~possible new suburban court facility City Counci103-08-04 12 Seconded by Councilmember Juenemann Ayes-All 4. TaBOR Legislation City Manager Fursman presented the staff report and specifics of the report. Councilmember Juenemann moved to approve the draft resolution to oppose tax and expenditure limitation proposals: RESOLUTION 04-03-050 A RESOLUTION TO OPPOSE TAX AND EXPENDITURE LIMITATION PROPOSALS (TaBOR and Similar Proposals) WHEREAS, the Taxpayers League and others are endorsing proposals to amend the State Constitution to institute tax and expenditure limitations at the state, and potentially local, levels of government that could only be overridden by a vote of the peoplean example of these proposals is the "Taxpayers Bill of Rights"; WHEREAS, such proposals would tie the hands of state and local leaders in times of crisis and other unpredictable circumstances, putting state and local governments on "auto pilot' and circumventing thoughtful consideration of policy decisions; WHEREAS, such proposals would prevent state and local officials from making the tough decisions they were elected to make, passing the responsibility for learning all aspects of often complex issues to citizens who have other jobs and responsibilities; WHEREAS, amending the constitution is a virtually irrevocable action and should only be undertaken when legislative remedies have proven inadequate; WHEREAS, such proposals are unnecessarya "solution in search of a problem"as demonstrated by lawmakers at both state and local levels of government taking action to deal with one of the worst budget crises to hit the State of Minnesota and, by result, Minnesota's cities; WHEREAS, this is further demonstrated by the fact that the state and local spending as a percentage of personal income has actually declined in recent years, even before the 2003 deficit; WHEREAS, regardless of whether TaBOR/TELs are applied just to the State or to local governments as well, these proposals would bring great harm to local communities through continued reductions in state funding, increases in unfunded State mandates, and, potentially, direct tax and expenditure limitations at the local level, which would severely erode decision-making at the local level and the ability to provide the basic services residents and businesses expect and deserve; WHEREAS, such proposals would force the State, and potentially cities, to spend valuable time and money asking for permission from the same people who elected them before any action can be taken on important issues, and would also force taxpayers to pay twice for governance-once for elections of their State and local officials, and again for elections to make the decisions those officials should have made; WHEREAS, such proposals contradict the fundamental principles upon which our constitution and system of government are based-that representative, not direct, democracy is the most effective City Counci103-08-04 13 form of government as it is most likely to result in good public policy; WHEREAS, those states that have instituted proposals similar to the Taxpayers Bill of Rights, such as Colorado, now face severe problems in meeting the basic needs of their citizenry; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood that this Council believes that state and local elected officials are elected to do a job-that job is to represent the interests of their constituents, to deal with difficult decisions, to thoughtfully debate and determine the best course of action for the state or the community they serve. BE IT FURTHER RESOLVED that this Council opposes limits on state and/or local taxes and expenditures, whether through constitutional amendment or other means, and supports the principle of representative democracy as the best route to sound public policy. L. VISITOR PRESENTATIONS Diana Longrie-Klein-1771 Burr Street, Maplewood, discussed art in parks, the placement of visitor presentations on the agenda and televising council manager workshops. M. COUNCIL PRESENTATIONS Newsletter Rotation-Councilmember Monahan-Junek suggested that with the city news being published 12 times per year, each Councilmember should write two articles a year and have staff write the other two. 2. Mayor's Form-The Mayor brought up several issues that were raised at the last Mayor's forum. 3. South End Focus Group-Councilmember Rossbach has nine people currently participating in a focus group for people who live south of 94 to discuss city issues. 4. N.E.S.T.-Councilmember Koppen discussed the benefits of N.E.S.T. especially during the MTC bus strike. 5. Ramsey County League of Local Government-Councilmember Juenemann announced at the Apri129, 2004 meeting there will be a tutorial on city, council and school funding. N. ADMINISTRATIVE PRESENTATIONS None O. ADJOURNMENT Mayor Cardinal moved to adjourn the meeting at 9:03 p.m. Seconded by Councilmember Koppen Ayes -All City Counci103-08-04 14 AGENDA NO. G-1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: March 22, 2004 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: $ 337.51 Checks # 63305 thru # 63306 dated 3/01/04 thru 3/03/04 $ 178,603.36 Checks # 63307 thru #63359 dated 3/09/04 $ 345,428.98 Disbursements via debits to checking account dated 2/27/04 thru 3/04/04 $ 2,461.53 Checks # 63360 thru # 63361 dated 3/08/04 thru 3/10/04 $ 195,030.31 Checks # 63362 thru # 63419 dated 3/16/04 $ 182,082.57 Disbursements via debits to checking account dated 03/05/04 thru 03/12/04 $ 903,944.26 Total Accounts Payable PAYRO LL $ 431,247.72 Payroll Checks and Direct Deposits dated 3/12/04 $ 6,050.20 Payroll Deduction check # 96912 thru # 96916 dated 3/12/04 $ 437,297.92 Total Payroll $ 1,341,242.18 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\04-AprClms 03-05 and 03-12 Check Register City of Maplewood vchlist 03/05/2004 12:02:48 PM Check Date Vendor Description/Account Amount 63305 3/1/2004 03032 WILLIAMS, SHERRICE REF S WILLIAMS AMB 000979218 267.51 63306 3/3/2004 03033 NORTH STAR EMPLOYEE BENEFITS HIPPA WORKSHOP REG FEE - 2 70.00 63307 3/9/2004 02074 AHL, R CHARLES REIMB FOR PARKING 2/3 - 2/9 25.00 63308 3/9/2004 02310 ANDERSEN CABINETS INC 6-36" LAMINATE UPPER CABINETS WITH 2 1,711.00 63309 3/9/2004 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 2/14 - 2/27 1,058.13 63310 3/9/2004 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 156.00 63311 3/9/2004 02143 C R PELTON & ASSOCIATES APPRAISAL FEE 142.50 63312 3/9/2004 02746 CLOVER SUPER FOODS INC MERCH FOR RESALE 172.41 63313 3/5/2004 00309 COMMISSIONER OF TRANSPORTATION MN DOT BITUMINOUS I CERT CLASS 225.00 63314 3/9/2004 03034 CONSERVATION FUND #14172 BETTER MODELS PUBLICATION 250.00 63315 3/9/2004 00384 DE LAGE LANDEN FINANCIAL SRVS COPIER LEASE 326.54 COPIER LEASE 511.20 63316 3/9/2004 00358 DGM INC. TOW FORFEITURE VEHICLE 90.53 TOW FORFEITURE VEHICLE 90.53 TOW FORFEITURE VEHICLE 90.53 TOW FORFEITURE VEHICLE 90.53 TOW FORFEITURE VEHICLE 90.53 TOW FORFEITURE VEHICLE 130.53 TOW FORFEITURE VEHICLE 90.53 TOW FORFEITURE VEHICLE 90.53 63317 3/9/2004 03035 DOLLERSCHELL, BOB REIMB FOR SEMINAR 2/22 15.00 63318 3/9/2004 00415 DON'S PAINT & BODY SHOP REPAIR SQUAD 941 891.52 63319 3/9/2004 00529 FORTIS BENEFITS INSURANCE CO STD PLAN 4043120-0-1 MAR 1,324.18 MONTHLY LTD PREMIUM 2,067.49 63320 3/9/2004 02113 FURSMAN, RICHARD REIMB FOR PARKING & MILEAGE 1/1 - 2/27 93.57 63321 3/9/2004 00545 GFOA GFOA MEMBERSHIP - 2 220.00 63322 3/9/2004 00608 GUILFOILE, KAREN REIMB FOR MEAL AT WORKSHOP 3/1 48.14 63323 3/9/2004 00670 HILSON RESEARCH INC APPLICANT BACKGROUND INFORMATION 20.75 63324 3/9/2004 00687 HUGO'S TREE CARE REMOVE TREES 1,810.50 63325 3/9/2004 00718 INDEPENDENT SCHOOL DIST #622 POOL RENTAL 195.00 BUILDING SUPERVISION 695.63 63326 3/9/2004 00708 IPMA MN CHAPTER ADMIN INTERNET RECRUITMENT SEMINAR 20.00 63327 3/9/2004 03039 JUENEMANN, KATHLEEN REIMB PARKING & MILEAGE 8/20 - 2/6 34.17 63328 3/9/2004 02728 KIMLEY-HORN & ASSOCIATES INC PROJ 02-07 PROF SRVS THRU 1/31 14,588.19 PROJ 02-07 PROF SRVS THRU 1/31 590.80 PROJ 02-21 PROF SRVS THRU 1/31 9,895.91 PROJ 03-09 PROF SRVS THRU 1/31 3,043.68 PROJ 03-22 PROF SRVS THRU 1/31 24,529.75 PROJ 03-26 PROF SRVS THRU 1/31 14,119.76 63329 3/9/2004 00881 LUKIN, STEVE REIMB FOR MEALS 2/9 TO 2/26 13.33 63330 3/9/2004 00891 MAMA MAMA LUNCHEON 18.00 63331 3/9/2004 02872 METLIFE SBC MONTHLY DENTAL PREMIUM 7,621.95 63332 3/9/2004 02617 METRY, ALESIA REIMB FOR TUITION 12/19 93.75 63333 3/9/2004 03036 MN HTCIA HIGH TECH CRIME INV CONF - 2 270.00 63334 3/9/2004 01028 MN STATE TREASURER STAR MONTHLY SURTAX - FEB 2,971.65 63335 3/9/2004 03037 MONAHAN-JUNEK, JACKIE REIMB FOR MILEAGE 2/20 - 2/21 24.00 63336 3/5/2004 01382 MUELLER, RON PAINT INSPECTIONS AREA, DRIVERS LICENSE 595.00 PAINT INSPECTIONS AREA, DRIVERS LICENSE 580.00 PAINT INSPECTIONS AREA, DRIVERS LICENSE 999.00 63337 3/9/2004 00001 ONE TIME VENDOR REF NICHOL ZIMMERMAN -EXPEDITE FEE 60.00 63338 3/9/2004 00001 ONE TIME VENDOR REF STILLWATER AREA SCH-OVRPYMT 8.00 63339 3/9/2004 01560 ONYX WASTE SRVS MIDWEST INC RECYCLING - NOV 17,185.45 63340 3/9/2004 01263 PIKE, GARY NREMT PARAMEDIC TEST 1/16 50.00 63341 3/9/2004 00396 PUBLIC SAFETY, DEPT OF INTOXILYZER RECERTIFICATION 45.00 INTOXILYZER RECERTIFICATION 45.00 INTOXILYZER RECERTIFICATION 45.00 63342 3/9/2004 01345 RAMSEY COUNTY HAZARDOUS WASTE LIC RENEWAL 352.82 63343 3/9/2004 01337 RAMSEY COUNTY-PROP REC & REV ANNUAL BRIDGE INSPECTIONS 570.00 2 c\My Documents\Excel\Mi scellaneous\04-AprClm s 03-OS and 03 -12 Check Date Vendor 63344 3/9/2004 02010 RAMSEY CTY ATTORNEY'S OFFICE 63345 3/9/2004 03038 RED WING FIRE CONVENTION FUND 63346 3/9/2004 01340 REGIONS HOSPITAL 63347 3/9/2004 01387 ROSSINI, DR. JAMES 63348 3/9/2004 01409 S.E.H. 63349 3/9/2004 01418 SAM'S CLUB DIRECT 63350 3/9/2004 01504 ST PAUL, CITY OF 63351 3/9/2004 01526 STATE TREASURER 63352 3/9/2004 01550 SUMMIT INSPECTIONS 63353 3/9/2004 02164 TOLTZ, KING, DUVALL, ANDERSON 63354 3/9/2004 03026 UPPER MIDWEST COMM POLICING 63355 3/9/2004 02464 US BANK 63356 3/9/2004 01734 WALSH, WILLIAM P. 63357 3/9/2004 02997 WASHINGTON COUNTY BANK 63358 3/9/2004 01750 WATSON CO INC, THE 63359 3/9/2004 01876 WHAT WORKS INC 55 Checks in this report Description/Account Amount REIMB FORFEITED PROP # 03-018-633 57.60 REIMB FORFEITED PROP #03-020-607 10.00 129TH MN FIRE DEPT ASSN CONF - 6 1,110.00 PARAMEDIC PROG 25,268.00 FITNESS PROGRAM - FEB 100.00 PROJ 02-22 PROF SRVS -JAN 1,562.96 PROJ 02-07 PROF SRVS -JAN 8,319.62 PROJ 01-14 PROF SRVS -JAN 1,844.28 PROJ 03-04 PROF SRVS -JAN 11,972.99 PROJ 01-14 PROF SRVS -JAN 1,182.84 PROJ 03-04 PROF SRVS -JAN 5,258.75 MERCH FOR RESALE 164.54 PROGRAM SUPPLIES 127.65 PROGRAM SUPPLIES 98.72 MERCH FOR RESALE 321.24 PROGRAM SUPPLIES 178.19 PROGRAM SUPPLIES 205.27 MERCH FOR RESALE 120.01 PROGRAM SUPPLIES 158.23 SHELVING 233.00 MERCH FOR RESALE 27.10 MERCH FOR RESALE 96.34 FIRE SUPPRESSION WATER 83.73 REIMB FORFEITED PROP #03-018-633 28.80 REIMB FORFEITED PROP 03-020-607 5.00 ELECTRICAL INSPECTIONS 1,919.20 PROJ 01-16 PROF SRVS THR 1/31 86.88 PROJ 01-29 PROF SRVS THRU 1/31 410.50 ARABIC CULTURES TRNG 129.00 PAYING AGENT FEE 373.75 PAYING AGENT FEE 402.50 PAYING AGENT FEE 402.50 PAYING AGENT FEE 19956 316.25 PAYING AGENT FEE 1995A 316.25 PAYING AGENT FEE 1998A 201.25 COMM PLUMBING INSP 194.00 BREAKFAST SEMINAR 10.00 MERCH FOR RESALE 449.91 MGMT STAFF RETREAT 3,762.50 Total checks : 178,940.87 c\My Documents\Excel\Miscellaneous\04-AprClms 03-OS and 03-12 3 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 02/26/04 02/27/04 02/26/04 02/27/04 02/27/04 02/27/04 03/01 /04 02/27/04 02/27/04 02/27/04 03/02/04 03/03/04 03/01 /04 02/27/04 02/27/04 02/27/04 03/01 /04 03/01 /04 03/01 /04 03/02/04 03/02/04 03/02/04 03/02/04 03/03/04 03/04/04 03/04/04 MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources MN State Treasurer U.S. Treasurer P.E.R.A. MN State Treasurer MN State Treasurer MSA/Dispatcher Unions Orchard Trust 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. Drivers License/Deputy Registrar State Payroll Tax Union Dues Deferred Compensation Drivers License/Deputy Registrar Drivers License/Deputy Registrar DCRP & Flex plan payments Amount 23,063.50 7,763.59 290.00 63,729.00 85,862.03 48,367.72 27,354.50 16,226.55 242.00 21,775.78 26,404.20 22,405.00 1,945.11 s45.4~u.yu c:\My Documents\Excel\Miscellaneous\04-AprClms 03-05 and 03-12 A Check Register City of Maplewood vchlist 03/12/2004 9:53:29 AM Check Date Vendor Description/Account Amount 63360 3/8/2004 01819 MCLEOD USA LOCAL PHONE SERVICE 1/16 - 2/15 2,014.04 63361 3/10/2004 03032 WILLIAMS, SHERRICE REFUND MN REV RECAPTURE 447.49 63362 3/16/2004 01908 ADMINISTRATION, DEPT OF HARBOR BACKUP -JAN 1,114.42 WIDE AREA NETWORK USAGE -JAN 392.00 63363 3/16/2004 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 3/1 - 3/5 627.52 63364 3/16/2004 03028 ASSN OF PUBLIC MGR PROF OF MN MEMBERSHIP DUES 20.00 63365 3/16/2004 00240 C.S.C. CREDIT SERVICES APPLICANT BACKGROUND CHECKS 50.00 63366 3/16/2004 02314 CONTROLLED FORCE INC INSTRUCTOR CERT PROGRAM 575.00 63367 3/16/2004 02974 CORBAN GROUP INC, THE ROB CHAFFEE CONSULTING -FEB 679.00 63368 3/16/2004 00354 CUSTOM FIRE APPARATUS, INC. 12 VOLT SOLENOID 27.10 63369 3/16/2004 03040 DAN'S TOWING STORAGE FEE 941.55 63370 3/16/2004 02750 DAWSON, RICHARD REIMB MEALS & MILEAGE 2/26 - 2/28 387.71 63371 3/16/2004 00449 EDEN SYSTEMS INC DATA CONVERSION AND IMPLEMENTATION 719.20 63372 3/16/2004 00462 EMBEDDED SYSTEMS, INC. REPAIR SIREN 85.00 63373 3/16/2004 00463 EMERGENCY APPARATUS MAINT REPAIR ENGINE 4 338.61 63374 3/16/2004 02396 PINWALE, SHANN REIMB FOR REFRESHMENTS 3/3 33.90 63375 3/16/2004 02945 HEALTHEAST VEHICLE SERVICES VEH SERV BODY SHOP 1,251.69 VEH SERV BODY SHOP 276.99 VEH SERV BODY SHOP 55.00 VEH SERV BODY SHOP 2,483.46 VEH SERV BODY SHOP 55.00 VEH SERV BODY SHOP 600.68 VEH SERV BODY SHOP 80.98 VEH SERV BODY SHOP 88.65 VEH SERV BODY SHOP 1,576.69 VEH SERV BODY SHOP 473.55 63376 3/16/2004 00716 IKON OFFICE SOLUTIONS REPAIR COPIER 131.34 63377 3/16/2004 00718 INDEPENDENT SCHOOL DIST #622 BUILDING SUPV THRU 01/28 1,044.38 GYM SUPERVISION 426.16 63378 3/16/2004 01894 KELLY & FAWCETT PA LEGAL SERVICES -FEB 19,922.52 PROSECUTION SERVICES -FEB 9,825.00 63379 3/16/2004 00799 KINKO'S CUSTOMER ADM SERVICES POSTER 41.00 63380 3/16/2004 00827 L M C I T INSURANCE -JAN-MAR 45,345.25 63381 3/16/2004 01819 MCLEOD USA DSL CONNECTION 788.13 63382 3/16/2004 02452 METRO CISM TEAM TRAUMA CONF 90.00 63383 3/16/2004 01044 MN FIRE SERVICE CERT BD INSPECTER II RECERTIFICATION 15.00 63384 3/16/2004 02948 MN HUMANITIES COMMISSION STAFF RETREAT 650.00 63385 3/16/2004 01051 MN OCCUPATIONAL HEALTH PRE-EMPLOYMENT TESTING 369.00 63386 3/16/2004 01052 MN PARK SUPERVISORS ASSN MEMBERSHIP 35.00 63387 3/16/2004 01057 MN SAFETY COUNCIL MEMBERSHIP DUES 275.00 63388 3/16/2004 02174 MOM'S CLUB CHARITABLE GAMBLING DONATION 375.00 63389 3/16/2004 01199 NOVAK, JERRY REIMB FOR MEAL 2/27 5.17 63390 3/16/2004 01202 NYSTROM PUBLISHING CO INC MCC NEWSLETTER 1,353.62 MAPLEWOOD CITY NEWS -MAR 2,320.00 63391 3/16/2004 00001 ONE TIME VENDOR REF BILL GONSOSKI -MEMBERSHIP 532.50 63392 3/16/2004 00001 ONE TIME VENDOR REF J HENDERSON -AMB 03014529 300.00 63393 3/16/2004 00001 ONE TIME VENDOR REF PATTIE HAMILTON -AMB 03010527 225.00 63394 3/16/2004 00001 ONE TIME VENDOR REF REDEEMING LOVE -PLAN CHECK 218.40 63395 3/16/2004 00001 ONE TIME VENDOR REF DAVID SIVANICH -AMB 03016389 184.26 63396 3/16/2004 00001 ONE TIME VENDOR REF DIANE SMITH -MCC PROGRAM 75.00 63397 3/16/2004 00001 ONE TIME VENDOR REF JACLYN HOEFT -MEMBERSHIP 59.64 63398 3/16/2004 00001 ONE TIME VENDOR REF INDIAN YTH ENRICHMENT -GROUP 46.60 63399 3/16/2004 00001 ONE TIME VENDOR REF MICHELLE JOHNSON - NC FEES 45.00 63400 3/16/2004 00001 ONE TIME VENDOR REF NORA SLAWIK -MCC PROGRAM 5.00 63401 3/16/2004 01560 ONYX WASTE SRVS MIDWEST INC RECYCLING -FEB 14,837.13 63402 3/16/2004 01359 REGAL AUTO WASH DETAIL XX CAR WASHES 148.96 63403 3/16/2004 01340 REGIONS HOSPITAL DISPOSAL FEE 131.76 63404 3/16/2004 03041 REHRIG PACIFIC COMPANY FOOD WASTE CONTAINERS 40.64 63405 3/16/2004 00069 RISK MANAGEMENT ALTERNATIVES COLLECTION AGENCY FEE 15.00 63406 3/16/2004 01452 SHEA TECHNOLOGIES INTEL BASED SERVER AS QUOTED:- 3,934.73 c:\My Documents\Excel\Miscellaneous\04-AprClms 03-OS and 03-12 5 Check Date Vendor Description/Account Amount 63407 3/16/2004 01504 ST PAUL, CITY OF MEDICAL SUPPLIES 856.59 63408 3/16/2004 02981 STORK TWIN CITY TESTING CORP PROJ 02-07 GEOTECHNICAL INST 3,590.50 63409 3/16/2004 01545 SUBURBAN RATE AUTHORITY MEMBERSHIP ASSESSMENT 1,200.00 63410 3/16/2004 01567 SVENDSEN, RUSTIN REIMB FOR MEALS 2/23 - 2/26 13.18 63411 3/16/2004 01572 SYSTEMS SUPPLY, INC. INK CARTRIDGES 518.95 63412 3/16/2004 01635 TOWER ASPHALT INC UPM - SYLVAX 2,853.07 63413 3/16/2004 01026 TRANSPORTATION, DEPT OF MN DOT TESTING 84.65 63414 3/16/2004 01670 U-CARE MINNESOTA REF UCARE - AMB 03021328 D O'CONNELL 487.79 63416 3/16/2004 02069 ULTIMATE DRAIN SERVICES INC PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 275.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 275.00 PROJ 03-18 TELEVISE SEWER LINE 275.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 525.00 PROJ 03-18 TELEVISE SEWER LINE 270.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 270.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 270.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 270.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 340.00 PROJ 03-18 TELEVISE SEWER LINE 270.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 340.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 63417 3/16/2004 01683 UNIFORMS UNLIMITED INC BADGE 95.86 FLASHLIGHT BULB 14.38 SHOULDER PATCHES 703.97 BULLETPROOF VEST 769.50 SHIRTS 125.25 63418 3/16/2004 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING INSP 522.00 63419 3/16/2004 01190 XCEL ENERGY MONTHLY UTILITIES -STMT DATE 3/3/04 58,749.73 59 Checks in this report Total checks : 197,491.84 c:\My Documents\Excel\Miscellaneous\04-AprClms 03-OS and 03-12 6 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 03/04/04 02/27/04 03/04/04 03/05/04 03/08/04 03/09/04 03/10/04 03/05/04 03/11 /04 03/12/04 03/12/04 03/11 /04 03/12/04 03/12/04 03/05/04 03/05/04 03/05/04 03/08/04 03/09/04 03/10/04 03/11 /04 03/11 /04 03/12/04 03/12/04 03/12/04 03/12/04 03/12/04 03/12/04 MN State Treasurer WI Dept of Revenue MN Dept of Natural Resources MN State Treasurer MN State Treasurer MN State Treasurer MN State Treasurer Elan Financial Services* MN State Treasurer ICMA (Vantagepointe) ICMA MN Dept of Natural Resources Federal Reserve Bank Orchard Trust TOTAL Description Drivers License/Deputy Registrar State Payroll Tax DNR electronic licenses Drivers License/Deputy Registrar Drivers License/Deputy Registrar Drivers License/Deputy Registrar Drivers License/Deputy Registrar Purchasing card items Drivers License/Deputy Registrar Deferred Compensation RHS contribution DNR electronic licenses Savings Bonds Deferred Compensation *Detailed listings of Elan purchasing card items are attached. Amount 18,554.90 1,324.36 673.00 16,244.63 13,521.46 15,505.84 19,017.22 36,596.08 19,568.99 7,763.59 10,522.22 715.50 200.00 21,874.78 tiL.UtiL.S / c:\My Documents\Excel\Miscellaneous\04-AprClms 03-05 and 03-12 7 Transaction Review For Transactions posted between 02/23/2004 to 02/29/2004 Post Date Vendor Name 02/23/2004 HENNEPIN CTY MED. CTR2 02/23/2004 RYAN PLUMBING & HEATING 02/23/2004 AQUA LOGIC INC 02/23/2004 STILLWATER FORD 02/23/2004 MENARDS 3022 02/23/2004 KINKO'S #0617 02/23/2004 URBAN LAND INSTITUTE 02/23/2004 RADISSON HOTELS 02/23/2004 RADISSON HOTELS 02/23/2004 SEARS ROEBUCK 1122 02/23/2004 ISD 622 EDUCATION CENTER 02/23/2004 TARGET 00011858 02/23/2004 RAMSEY COUNTY PARKS AND R 02/23/2004 INTERMATIC INCORPORATE 02/23/2004 CHECKER #182800018283 02/23/2004 AMERITECH MOBILE PA 02/23/2004 OFFICE MAX 00002204 02/23/2004 RYCO SUPPLY COMPANY 02/23/2004 AMERICAN FASTENER 02/23/2004 BOYER TRUCKS-PARTS 02/23/2004 MERIT CHEVROLET 02/23/2004 CATCO PARTS AND SERVICE 02/23/2004 CRYSTEEL TRUCK FRIDLEY 2 02/23/2004 THE TAPE COMPANY 02/23/2004 CUB FOODS, INC. 02/23/2004 DALCO ENTERPRISES, INC 02/23/2004 SUPERAMERICA 4022 02/23/2004 CRAWFORD DOOR SALES COMPA 02/23/2004 GLENWOOD-INGLEWOOD 02/23/2004 DAMS LOCK AND SAFE 02/23/2004 QWESTCOMM TN651 02/23/2004 ISD 622 EDUCATION CENTER 02/23/2004 PIONEER PRESS SUBSCRIPTI 02/24/2004 TARGET 00011858 02/24/2004 CABLES UNLIMITED 02/24/2004 S & T OFFICE PRODUCTS 02/24/2004 WRISTBANDS MEDTECH USA IN 02/24/2004 KATH AUTO PARTS 02/25/2004 SPRINTPCS-SPEEDPAYIVR 02/25/2004 LUMINARE RECYCLERS INC 02/25/2004 MINNESOTA ELEVATOR INC 02/25/2004 CENTURY COLLEGE CONTINUIN 02/25/2004 LAPTOPS FOR LESS 02/25/2004 KAM COM TECHNOLOGIES INC 02/25/2004 SUNRAY BTB 02/25/2004 NEXTEL WIRELESS SVGS 02/25/2004 MENARDS 3022 02/25/2004 S & T OFFICE PRODUCTS 02/25/2004 FOREST PRODUCTS SUPPLY 3/1/2004 Settlement Amt Cardholder Name 245.00 JOHN BANICK 881.50 JIM BEHAN 1,472.53 JIM BEHAN 507.00 RON BOURQUIN 7.91 RON BOURQUIN 95.85 HEIDI CAREY 35.00 MELINDA COLEMAN 6.13 ROBERTA DARST 95.29 ROBERTA DARST 26.61 JOHN DUCHARME 63.00 PATRICIA FRY 6.15 CAROLE GERNES 534.75 MIKE GRAF 2.00 HEATHER KOS 44.67 MICHAEL LIDBERG 17.61 STEVE LUKIN 138.44 ED NADEAU 26.73 JEAN NELSON 49.19 STEVEN PRIEM -300.94 STEVEN PRIEM 22.77 STEVEN PRIEM 38.53 STEVEN PRIEM 139.39 STEVEN PRIEM 65.60 KEVIN RABBETT 10.35 AUDRA ROBBINS 227.88 GERALD SEEGER 36.36 MICHAEL SHORTREED 184.00 RUSTIN SVENDSEN 106.34 LYLE SWANSON 33.03 LYLE SWANSON 350.44 JUDY TETZLAFF 63.00 JUDY WEGWERTH 8.30 SUSAN ZWIEG 15.63 MANDY ANZALDI 127.10 MYCHAL FOWLDS 29.92 DEB SCHMIDT 1,965.56 RUSSELL L SCHMIDT 63.02 RUSTIN SVENDSEN 50.00 BRUCE K ANDERSON 253.05 JIM BEHAN 200.00 JIM BEHAN 630.00 DAVID FISHER 55.50 MYCHAL FOWLDS 1,943.39 STEVE HURLEY 94.00 STEVEN PRIEM 1,355.98 KEVIN RABBETT 15.39 GERALD SEEGER 344.57 ANDREA SINDT 90.53 LYLE SWANSON c:\My Documents\Excel\Miscellaneous\04-AprClms 03-05 and 03-12 Post Date Vendor Name 02/25/2004 EGAN COMPANIES O1 OF O1 02/25/2004 STREICHER'S POLICE EQP 02/26/2004 S & T OFFICE PRODUCTS 02/26/2004 AIRGAS NORTH CENTRAL 302 02/26/2004 ARDEN SHOREVIEW AN HOSPT 02/26/2004 UNISOURCE WORLDWIDE INC 02/26/2004 THE HOME DEPOT 2801 02/26/2004 COMPUSA #197 02/26/2004 COMPUSA #197 02/26/2004 LAND AND WATER INC 02/26/2004 MILLS FLEET FARM #27 02/26/2004 S & T OFFICE PRODUCTS 02/26/2004 S & T OFFICE PRODUCTS 02/26/2004 RADIO SHACK 00161455 02/26/2004 FORCE AMERICA 02/26/2004 DALCO ENTERPRISES, INC 02/26/2004 MAPLEWOOD COMMUNITY CNTR 02/27/2004 TIME WARNER CABLE R15 02/27/2004 SHRED IT 02/27/2004 GRAFIX SHOPPE 02/27/2004 HENRIKSEN ACE HARDWARE 02/27/2004 DGI DYNAMIC GRAPHICS 02/27/2004 S & T OFFICE PRODUCTS 02/27/2004 OXYGEN SERVICE CO INC 02/27/2004 THE HOME DEPOT 2801 02/27/2004 THE HOME DEPOT 2801 02/27/2004 RACOINDUSTRIES 02/27/2004 TRUCK UTILITES INC 02/27/2004 ELECTRONIC DESIGN COMPANY 02/27/2004 SUBWAY # 25442 02/27/2004 NORTHERN TOOL EQUIP-MN 02/27/2004 HENRIKSEN ACE HARDWARE 02/27/2004 MAC QUEEN EQUIPMENT IN 02/27/2004 BAUER BULT TRE33200023 02/27/2004 TOUSLEY FORD I27200039 02/27/2004 NORTHERN TOOL EQUIP-MN 02/27/2004 CENTURY COLLEGE CONTINUIN 02/27/2004 S & T OFFICE PRODUCTS 02/27/2004 TARGET 00011858 02/27/2004 S & T OFFICE PRODUCTS 02/27/2004 SCHELEN-GRAY AUTO ELEC 02/27/2004 OVERHEAD DOOR OF NORTH 02/27/2004 SHRED IT 02/27/2004 ASPEN EQUIPMENT CO Settlement Amt Cardholder Name 60.00 LYLE SWANSON 21.25 JAY WENZEL -65.27 BRUCE K ANDERSON 1,590.60 JOHN BANICK 523.80 JOHN BANICK 423.27 HEIDI CAREY 33.74 MYCHAL FOWLDS 532.35 MYCHAL FOWLDS -31.94 MYCHAL FOWLDS 20.00 JANET M GREW HAYMAN 19.16 JOHN NAUGHTON 26.71 KATHLEEN PECK HALL 13.93 KATHLEEN PECK HALL 119.30 PHILIP F POWELL 116.21 STEVEN PRIEM 1,462.00 MICHAEL REILLY 4.44 AUDRA ROBBINS 109.79 BRUCE K ANDERSON 306.36 JOHN BANICK 282.23 JOHN BANICK 20.74 JIM BEHAN 79.00 HEIDI CAREY 72.72 ROBERTA DARST 55.54 DAVE EDSON -33.74 MYCHAL FOWLDS 8.25 MYCHAL FOWLDS 126.00 MYCHAL FOWLDS 6.39 GARY HINNENKAMP 23.40 STEVE HURLEY 6.26 KEVIN JOHNSON 106.49 DENNIS LINDORFF 103.02 MARK MARUSKA 225.00 ERICK OSWALD 63.64 STEVEN PRIEM 158.32 STEVEN PRIEM 389.77 JAMES SCHINDELDECKER 630.00 ANDREA SINDT 15.77 ANDREA SINDT 42.53 SCOTT STEFFEN 343.07 JOANNE M SVENDSEN 425.00 RUSTIN SVENDSEN 123.75 LYLE SWANSON 16.65 JUDY TETZLAFF 87.33 TODD TEVLIN 21,136.88 c:\My Documents\Excel\Miscellaneous\04-AprClms 03-05 and 03-12 9 Transaction Review 3 / 9 /2 0 04 For Transactions posted between 03/01/2004 to 03/08/2004 Post Date Vendor Name Settlement Amt Cardholder Name 03/01/2004 UNIFORMS UNLIMITED INC 256.21 JOHN BANICK 03/01/2004 UNIFORMS UNLIMITED INC 14.93 JOHN BANICK 03/01/2004 NORTHERN TOOL EQUIP-MN 15.94 RON BOURQUIN 03/01/2004 GOLDCOM INC 152.70 MYCHAL FOWLDS 03/01/2004 GOLDCOM INC 184.85 MYCHAL FOWLDS 03/01/2004 COMPUSA #197 74.54 MYCHAL FOWLDS 03/01/2004 ORIENTAL TRADING CO 158.30 MIKE GRAF 03/01/2004 ORIENTAL TRADE BUSINESS A 36.60 MIKE GRAF 03/01/2004 XPEDX 2,085.75 LORI HANSEN 03/01/2004 ECAMERAFILMS.COM 532.50 LORI HANSON 03/01/2004 HENRIKSEN ACE HARDWARE 18.51 DAVID JAHN 03/01/2004 CLAREY'S SAFETY EQUIPM 130.78 STEVE LUKIN 03/01/2004 FAIRFIELD INN - HAMMOND 202.48 STEVE LUKIN 03/01/2004 WALGREEN 00016873 175.98 KURT PARSONS 03/01/2004 RADIO SHACK 00161133 68.31 PHILIP F POWELL 03/01/2004 RADIO SHACK 00161133 29.39 PHILIP F POWELL 03/01/2004 RADIO SHACK 00161133 13.02 PHILIP F POWELL 03/01/2004 NAT'L BUSINESS FURNITU 288.95 PHILIP F POWELL 03/01/2004 ELLIOTT AUTO SUPPLY 59.82 STEVEN PRIEM 03/01/2004 KATH AUTO PARTS 50.85 STEVEN PRIEM 03/01/2004 COMO LUBE & SUPPLOI OF O1 101.18 STEVEN PRIEM 03/01/2004 MILLS FLEET FARM #27 3.72 JAMES SCHINDELDECKER 03/01/2004 NORTHERN TOOL EQUIPMNT 21.29 JAMES SCHINDELDECKER 03/01/2004 NORTHERN TOOL EQUIP-MN -234.30 JAMES SCHINDELDECKER 03/01/2004 T-MOBILE 23.76 ANDREA SINDT 03/01/2004 NEXTEL WIRELESS SVGS 362.89 ANDREA SINDT 03/01/2004 S & T OFFICE PRODUCTS -15.77 ANDREA SINDT 03/01/2004 TARGET 00006940 146.19 PAULINE STAPLES 03/01/2004 S & T OFFICE PRODUCTS 20.70 JOANNE M SVENDSEN 03/01/2004 NORTHERN TOOL EQUIPMNT 8.29 RONALD SVENDSEN 03/01/2004 THE HOME DEPOT 2801 6.70 LYLE SWANSON 03/01/2004 SEARS ROEBUCK 1122 42.57 LYLE SWANSON 03/01/2004 MUSKA LIGHTING CENTER 412.79 LYLE SWANSON 03/01/2004 ENGRAPHICS INC 15.44 LYLE SWANSON 03/01/2004 RESERVUSA 888-448-1474 114.00 DOUGLAS J TAUBMAN 03/02/2004 TARGET 00011858 21.59 MELINDA COLEMAN 03/02/2004 FACTORY CARD OUTLET #284 42.43 AUDRA ROBBINS 03/02/2004 TARGET 00011858 27.49 AUDRA ROBBINS 03/02/2004 MENARDS 3059 185.08 JAMES SCHINDELDECKER 03/02/2004 T-MOBILE 57.59 SCOTT SCHULTZ 03/02/2004 GRUBERS POWER EQUIPMENT 82.40 RONALD SVENDSEN 03/02/2004 ASPEN MILLS 8005717343 95.45 RUSTIN SVENDSEN 03/02/2004 T-MOBILE 102.14 DOUGLAS J TAUBMAN 03/03/2004 DEX MEDIA EAST #2 118.60 BRUCE K ANDERSON 03/03/2004 PARTY AMERICA 1008 35.85 MANDY ANZALDI 03/03/2004 KRUEGER INTERNATIONAL 385.20 JIM BEHAN 03/03/2004 STREICHER'S POLICE EQP 127.75 STANLEY BELDE 03/03/2004 S & T OFFICE PRODUCTS 97.44 ROBERTA DARST 03/03/2004 APA ON-LINE APPLICATION 325.00 SHANN FINWALL c:\My Documents\Excel\Miscellaneous\04-AprClms 03-05 and 03-12 ~ Q Post Date Vendor Name 03/03/2004 CIRCUIT CITY SS #3137 03/03/2004 MENARDS 3059 03/03/2004 KEEPRS/CY'S UNIFORMS 03/03/2004 SST PAUL STEEL SPLY 03/03/2004 HOTSY EQUIPMENT OF MINNES 03/03/2004 PAC & MAIL 03/03/2004 AMERICAN FASTENER00 OF 00 03/03/2004 SUNRAY BTB 03/03/2004 ZEP MANUFACTURING 03/03/2004 S & T OFFICE PRODUCTS 03/03/2004 BLOOMINGTON SECURITY SOLU 03/03/2004 HIRSHFIELD'S MAPLEWOOD 03/03/2004 UHL COMPANY INC 03/04/2004 JOANN ETC #1970 03/04/2004 KINKO'S #0617 03/04/2004 MERIT CHEVROLET 03/04/2004 PANERA BREAD #3459 03/04/2004 SPRINTPCS AUTOPYMT RC1 03/04/2004 MICHAELS #9401 03/04/2004 MAUTZ #3525 03/04/2004 OFFICE MAX 00002204 03/04/2004 ADAMS PEST CONTROL 03/04/2004 HPSHOPPING.COM 03/04/2004 TARGET 00011858 03/04/2004 KINKO'S #0617 03/04/2004 AUTO GLASS SPECIALISTS-MN 03/04/2004 KATH AUTO PARTS 03/04/2004 THE TAPE COMPANY 03/04/2004 MAPLEWOOD COMMUNITY CNTR 03/04/2004 MAPLEWOOD COMMUNITY CNTR 03/04/2004 QUILL CORPORATION 03/05/2004 NEXTEL WIRELESS SVGS 03/05/2004 DRIVERS LICENSE GUIDE 03/05/2004 MN PHOTO 03/05/2004 AIRGAS NORTH CENTRAL 154 03/05/2004 GE CAPITAL 03/05/2004 THE STAR TRIBUNE-CIRCULAT 03/05/2004 THE HOME DEPOT 2801 03/05/2004 ULINE SHIP SUPPLIES 03/05/2004 BEST BUY 00000158 03/05/2004 VERIZON WRLESSRCRK2RE3 03/05/2004 MENARDS 3022 03/05/2004 HENRIKSEN ACE HARDWARE 03/05/2004 THE UPS STORE #2171 03/05/2004 S & T OFFICE PRODUCTS 03/05/2004 S & T OFFICE PRODUCTS 03/05/2004 NAT'L BUSINESS FURNITU 03/05/2004 SUNRAY BTB 03/05/2004 KATH AUTO PARTS 03/05/2004 KATH AUTO PARTS 03/05/2004 CUB FOODS, INC. Settlement Amt Cardholder Name 138.44 MYCHAL FOWLDS 29.42 ROLAND HELEY 159.90 KEVIN JOHNSON 513.81 DENNIS LINDORFF 870.67 ED NADEAU 6.05 PHILIP F POWELL 90.42 STEVEN PRIEM 83.87 STEVEN PRIEM 65.04 STEVEN PRIEM 80.78 DEB SCHMIDT 154.43 PAULINE STAPLES 242.33 LYLE SWANSON 1,638.25 LYLE SWANSON 115.77 MANDY ANZALDI 45.52 HEIDI CAREY 183.32 DAVE EDSON 10.99 PAUL E EVERSON 116.53 RICHARD FURSMAN 118.61 MIKE GRAF 54.47 GARY HINNENKAMP 31.94 DAVID JAHN 212.93 MARK MARUSKA 79.84 PHILIP F POWELL 21.72 PHILIP F POWELL 144.07 WILLIAM J PRIEFER 199.23 STEVEN PRIEM 90.97 STEVEN PRIEM 123.00 KEVIN RABBETT 7.44 AUDRA ROBBINS 7.56 AUDRA ROBBINS 75.35 SUSAN ZWIEG 82.26 BRUCE K ANDERSON 74.00 JOHN BANICK 99.56 JOHN BANICK 746.67 JOHN BANICK 149.10 LINDA CROSSON 52.65 LINDA CROSSON 51.11 DAVE EDSON 48.30 MYCHAL FOWLDS 226.82 MIKE GRAF 54.22 SHERYL L LE 29.24 DENNIS LINDORFF 132.26 MARK MARUSKA 6.05 ED NADEAU 27.15 JEAN NELSON 28.04 JEAN NELSON 347.90 PHILIP F POWELL 38.72 STEVEN PRIEM 116.57 STEVEN PRIEM 130.29 STEVEN PRIEM 21.75 AUDRA ROBBINS 15,459.20 c:\My Documents\Excel\Miscellaneous\04-AprClms 03-05 and 03-12 11 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 03/12/04 JUENEMANN, KATHLEEN 358.00 dd 03/12/04 KOPPEN, MARVIN 358.00 dd 03/12/04 COLEMAN, MELINDA 3,967.88 dd 03/12/04 DARST, ROBERTA 1,499.68 dd 03/12/04 FURSMAN, RICHARD 4,629.25 dd 03/12/04 SWANSON, LYLE 1,893.41 dd 03/12/04 EDSON, KAREN 100.00 dd 03/12/04 LE, SHERYL 3,824.76 dd 03/12/04 RAMEAUX, THERESE 2,197.61 dd 03/12/04 FAUST, DANIEL 3,982.97 dd 03/12/04 SCHMIDT, DEBORAH 1,348.44 dd 03/12/04 ANDERSON, CAROLE 1,845.38 dd 03/12/04 BAUMAN, GAYLE 2,954.86 dd 03/12/04 JACKSON, MARY 1,766.85 dd 03/12/04 KELSEY, CONNIE 1,080.64 dd 03/12/04 TETZLAFF, JUDY 1,733.24 dd 03/12/04 FRY, PATRICIA 1,639.64 dd 03/12/04 GUILFOILE, KAREN 2,747.80 dd 03/12/04 OSTER, ANDREA 1,713.07 dd 03/12/04 CARLE, JEANETTE 1,605.89 dd 03/12/04 FIGG, SHERRIE 1,244.91 dd 03/12/04 JAGOE, CAROL 1,699.59 dd 03/12/04 JOHNSON, BONNIE 1,160.65 dd 03/12/04 OLSON, SANDRA 951.73 dd 03/12/04 SCHACHT, BARBARA 843.82 dd 03/12/04 WEAVER, KRISTINE 1,738.62 dd 03/12/04 BANICK, JOHN 3,445.97 dd 03/12/04 CORCORAN, THERESA 1,664.68 dd 03/12/04 POWELL, PHILIP 2,053.41 dd 03/12/04 SPANGLER, EDNA 550.00 dd 03/12/04 THOMALLA, DAVID 3,817.59 dd 03/12/04 ABEL, GLINT 1,911.42 dd 03/12/04 ALDRIDGE, MARK 2,477.02 dd 03/12/04 ANDREWS, SCOTT 2,910.02 dd 03/12/04 BAKKE, LONN 2,284.82 dd 03/12/04 BELDE, STANLEY 2,519.43 dd 03/12/04 BIERDEMAN, BRIAN 1,703.98 dd 03/12/04 BOHL, JOHN 2,349.59 dd 03/12/04 BUSACK, DANIEL 2,271.26 dd 03/12/04 COFFEY, KEVIN 1,833.44 dd 03/12/04 GROTTY, KERRY 2,370.74 dd 03/12/04 DOBLAR, RICHARD 2,424.04 dd 03/12/04 FRASER, JOHN 2,264.08 dd 03/12/04 HEINZ, STEPHEN 2,393.61 dd 03/12/04 HIEBERT, STEVEN 2,837.46 dd 03/12/04 JOHNSON, KEVIN 3,473.58 dd 03/12/04 KARIS, FLINT 2,989.09 c:\My Documents\Excel\Miscellaneous\04-AprClms 03-05 and 03-12 ~ 2 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 03/12/04 KONG, TOMMY 2,240.05 dd 03/12/04 KROLL, BRETT 1,920.51 dd 03/12/04 KVAM, DAVID 2,917.78 dd 03/12/04 CARSON, DANIEL 2,191.50 dd 03/12/04 LU, JOHNNIE 2,062.92 dd 03/12/04 MARINO, JASON 1,920.51 dd 03/12/04 MARTIN, JERROLD 2,404.43 dd 03/12/04 MCCARTY, GLEN 1,767.81 dd 03/12/04 METRY, ALESIA 1,720.14 dd 03/12/04 PALMA, STEVEN 4,247.56 dd 03/12/04 RABBETT, KEVIN 3,124.61 dd 03/12/04 STEFFEN, SCOTT 3,164.33 dd 03/12/04 SZCZEPANSKI, THOMAS 2,492.67 dd 03/12/04 THIENES, PAUL 2,388.54 dd 03/12/04 TRAN, JOSEPH 1,744.37 dd 03/12/04 WENZEL, JAY 2,253.92 dd 03/12/04 WINGATE, DAVID 1,552.39 dd 03/12/04 XIONG, KAO 1,911.42 dd 03/12/04 BARTZ, PAUL 2,770.61 dd 03/12/04 BERGERON, JOSEPH 2,951.07 dd 03/12/04 DUGAS, MICHAEL 1,807.70 dd 03/12/04 DUNN, ALICE 3,054.20 dd 03/12/04 ERICKSON, VIRGINIA 2,388.54 dd 03/12/04 EVERSON, PAUL 1,953.52 dd 03/12/04 FLOR, TIMOTHY 2,799.35 dd 03/12/04 HALWEG, JODI 2,136.98 dd 03/12/04 KATZMAN, BARBARA 1,748.96 dd 03/12/04 L'ALLIER, DANIEL 1,110.00 dd 03/12/04 LANGNER, SCOTT 1,660.10 dd 03/12/04 OLSON, JULIE 2,513.98 dd 03/12/04 PARSONS, KURT 2,082.24 dd 03/12/04 PIKE, GARY 2,378.75 dd 03/12/04 DAWSON, RICHARD 1,842.82 dd 03/12/04 DUELLMAN, KIRK 1,842.82 dd 03/12/04 JOHNSON, DOUGLAS 1,790.44 dd 03/12/04 NOVAK, JEROME 1,842.82 dd 03/12/04 PETERSON, ROBERT 1,922.14 dd 03/12/04 SVENDSEN, RONALD 1,858.34 dd 03/12/04 GERVAIS-JR, CLARENCE 2,501.66 dd 03/12/04 BOYER, SCOTT 1,808.44 dd 03/12/04 FEHR, JOSEPH 1,915.95 dd 03/12/04 FLAUGHER, JAYME 1,841.53 dd 03/12/04 JACKSON, LINDA 1,615.69 dd 03/12/04 LAFFERTY, WALTER 2,139.24 dd 03/12/04 LINK, BRYAN 1,746.04 dd 03/12/04 PACOLT, MARSHA 2,142.40 dd 03/12/04 RABINE, JANET 1,973.84 dd 03/12/04 SCHAULS, ADAM 170.00 dd 03/12/04 STAHNKE, JULIE 1,808.45 dd 03/12/04 LUKIN, STEVEN 3,353.68 dd 03/12/04 SVENDSEN, RUSTIN 2,678.00 dd 03/12/04 ZWIEG, SUSAN 1,710.84 c:\My Documents\Excel\Miscellaneous\04-AprClms 03-05 and 03-12 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 03/12/04 DOLLERSCHELL, ROBERT 266.30 dd 03/12/04 AHL, R. CHARLES 4,188.70 dd 03/12/04 NIVEN, AMY 1,152.99 dd 03/12/04 PRIEFER, WILLIAM 2,462.94 dd 03/12/04 WEGWERTH, JUDITH 1,730.92 dd 03/12/04 BRINK, TROY 1,586.84 dd 03/12/04 DEBILZAN, THOMAS 1,923.97 dd 03/12/04 EDGE, DOUGLAS 1,810.04 dd 03/12/04 JONES, DONALD 1,823.64 dd 03/12/04 KANE, MICHAEL 2,722.50 dd 03/12/04 LUTZ, DAVID 1,798.49 dd 03/12/04 MEYER, GERALD 1,865.33 dd 03/12/04 NAGEL, BRYAN 1,973.87 dd 03/12/04 OSWALD, ERICK 1,969.87 dd 03/12/04 TEVLIN, TODD 1,554.84 dd 03/12/04 CAVETT, CHRISTOPHER 3,056.22 dd 03/12/04 DUCHARME, JOHN 2,230.84 dd 03/12/04 ENGSTROM, ANDREW 1,453.24 dd 03/12/04 JACOBSON, SCOTT 1,743.86 dd 03/12/04 LINDBLOM, RANDAL 3,217.07 dd 03/12/04 MURRA, AARON 273.19 dd 03/12/04 PECK, DENNIS 2,409.19 dd 03/12/04 PRIEBE, WILLIAM 3,952.09 dd 03/12/04 SCHACHT, ERIN 2,166.04 dd 03/12/04 VERMEERSCH, CHARLES 2,305.21 dd 03/12/04 ANDERSON, BRUCE 3,939.03 dd 03/12/04 CAREY, HEIDI 1,896.44 dd 03/12/04 HALL, KATHLEEN 1,715.30 dd 03/12/04 MARUSKA, MARK 2,513.20 dd 03/12/04 NAUGHTON, JOHN 1,546.84 dd 03/12/04 SCHINDELDECKER, JAMES 1,786.04 dd 03/12/04 BIESANZ, OAKLEY 1,277.19 dd 03/12/04 HAYMAN, JANET 1,411.11 dd 03/12/04 HUTCHINSON, ANN 2,092.15 dd 03/12/04 KOS, HEATHER 503.75 dd 03/12/04 NELSON, JEAN 1,019.00 dd 03/12/04 SEEGER, GERALD 535.29 dd 03/12/04 GAYNOR, VIRGINIA 1,881.24 dd 03/12/04 EKSTRAND, THOMAS 2,635.15 dd 03/12/04 KROLL, LISA 1,096.68 dd 03/12/04 LIVINGSTON, JOYCE 950.56 dd 03/12/04 SINDT, ANDREA 1,554.04 dd 03/12/04 THOMPSON, DEBRA 632.82 dd 03/12/04 YOUNG, TAMELA 1,370.84 dd 03/12/04 FINWALL, SHANN 2,243.13 dd 03/12/04 ROBERTS, KENNETH 2,492.82 dd 03/12/04 CARVER, NICHOLAS 2,415.47 dd 03/12/04 FISHER, DAVID 2,878.23 dd 03/12/04 RICE, MICHAEL 1,456.44 dd 03/12/04 SWAN, DAVID 1,810.04 dd 03/12/04 KONEWKO, DUWAYNE 4,559.32 dd 03/12/04 ANZALDI, MANDY 882.00 c:\My Documents\Excel\Miscellaneous\04-AprClms 03-05 and 03-12 14 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 03/12/04 BJORK, ALICIA 116.00 dd 03/12/04 BJORK, BRANDON 355.00 dd 03/12/04 DAMSON, LINCOLN 289.00 dd 03/12/04 FINN, GREGORY 1,917.13 dd 03/12/04 GRAF, MICHAEL 1,728.26 dd 03/12/04 HADDAD, JULIE 216.00 dd 03/12/04 KELLY, LISA 1,273.02 dd 03/12/04 MCBRIDE, PATRICK 140.00 dd 03/12/04 NIEMCZYK, BRIAN 160.00 dd 03/12/04 ROBBINS, AUDRA 1,783.14 dd 03/12/04 SHERRILL, CAITLIN 335.25 dd 03/12/04 TAUBMAN, DOUGLAS 2,639.27 dd 03/12/04 ZIELINSKI, JOSEPH 21.00 dd 03/12/04 BREHEIM, ROGER 2,361.00 dd 03/12/04 NORDQUIST, RICHARD 1,916.67 dd 03/12/04 SCHULTZ, SCOTT 1,981.41 dd 03/12/04 CROSSON, LINDA 2,338.51 dd 03/12/04 EASTMAN, THOMAS 12,412.63 dd 03/12/04 FONTAINE, ANTHONY 603.03 dd 03/12/04 LEIER, SARA 55.30 dd 03/12/04 PELOQUIN, PENNYE 598.83 dd 03/12/04 SCHMIDT, RUSSELL 1,778.19 dd 03/12/04 STAPLES, PAULINE 2,720.85 dd 03/12/04 ABRAHAMSON, DANIEL 105.00 dd 03/12/04 ABRAHAMSON, REBECCA 133.59 dd 03/12/04 BENDTSEN, LISA 66.15 dd 03/12/04 BRENEMAN, NEIL 346.78 dd 03/12/04 CORNER, AMY 43.20 dd 03/12/04 EDSON, JAMIE 236.25 dd 03/12/04 ERICKSON, CAROL 45.00 dd 03/12/04 GREDMG, ANDERS 66.00 dd 03/12/04 GUZIK, JENNIFER 89.05 dd 03/12/04 HALEY, BROOKE 124.95 dd 03/12/04 HORWATH, RONALD 1,783.14 dd 03/12/04 IRISH, GRACE 147.00 dd 03/12/04 IRISH, KARL 132.38 dd 03/12/04 JONES, LACEY 39.00 dd 03/12/04 KOEHNEN, AMY 42.70 dd 03/12/04 KOEHNEN, MARY 560.42 dd 03/12/04 KRONHOLM, KATHRYN 372.02 dd 03/12/04 LAWSON, JOSHUA 104.75 dd 03/12/04 LINDSTROM, AMANDA 232.90 dd 03/12/04 MARTINEZ, AMY 52.25 dd 03/12/04 MARUSKA, ERICA 142.85 dd 03/12/04 OVERBY, ANNA 74.60 dd 03/12/04 POWERS, JESSICA 41.01 dd 03/12/04 SCHULTZ, PETER 47.95 dd 03/12/04 SHAW, KRISTINA 43.94 dd 03/12/04 SIMONSON, JUSTIN 370.60 dd 03/12/04 SMITH, ANN 18.00 dd 03/12/04 TUPY, HEIDE 145.50 dd 03/12/04 TUPY, MARCUS 399.43 c:\My Documents\Excel\Miscellaneous\04-AprClms 03-05 and 03-12 15 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 03/12/04 GROPPOLI, LINDA 352.75 dd 03/12/04 KURKOSKI, STEPHANIE 54.25 dd 03/12/04 BEHAN, JAMES 1,610.04 dd 03/12/04 CRAWFORD - JR, RAYMOND 322.84 dd 03/12/04 LONETTI, JAMES 975.17 dd 03/12/04 MILES, LAURA 169.58 dd 03/12/04 PATTERSON, ALBERT 976.36 dd 03/12/04 PRINS, KELLY 915.33 dd 03/12/04 REILLY, MICHAEL 1,505.24 dd 03/12/04 STEINHORST, JEFFREY 86.80 dd 03/12/04 AICHELE, CRAIG 1,794.84 dd 03/12/04 PRIEM, STEVEN 2,008.44 dd 03/12/04 BERGO, CHAD 2,071.54 dd 03/12/04 FOWLDS, MYCHAL 1,762.54 dd 03/12/04 HURLEY, STEPHEN 2,878.23 wf 96785 03/12/04 CARDINAL, ROBERT 406.78 wf 96786 03/12/04 MONAHAN-JUNEK, JACQUELINE 358.00 wf 96787 03/12/04 ROSSBACH, WILLIAM 358.00 wf 96788 03/12/04 INGVOLDSTAD, CURTIS 75.00 wf 96789 03/12/04 JAHN, DAVID 1,602.09 wf 96790 03/12/04 MALDONADO, JUANA 647.80 wf 96791 03/12/04 MORIN, TROY 212.50 wf 96792 03/12/04 MATHEYS, ALANA 1,847.42 wf 96793 03/12/04 GENNOW, PAMELA 208.00 wf 96794 03/12/04 HANSEN, LORI 1,598.84 wf 96795 03/12/04 PALANK, MARY 1,697.36 wf 96796 03/12/04 RICHIE, CAROLE 1,701.81 wf 96797 03/12/04 SVENDSEN, JOANNE 1,750.13 wf 96798 03/12/04 SHORTREED, MICHAEL 3,018.44 wf 96799 03/12/04 STEINER, JOSEPH 453.00 wf 96800 03/12/04 WELCHLIN, CABOT 3,109.02 wf 96801 03/12/04 HALWEG, KEVIN 64.00 wf 96802 03/12/04 MELANDER, JON 256.00 wf 96803 03/12/04 ROSSMAN, DAVID 3,743.13 wf 96804 03/12/04 FREBERG, RONALD 1,852.09 wf 96805 03/12/04 EDSON, DAVID 1,920.80 wf 96806 03/12/04 HELEY, ROLAND 1,231.91 wf 96807 03/12/04 HINNENKAMP, GARY 1,794.68 wf 96808 03/12/04 LINDORFF, DENNIS 1,790.49 wf 96809 03/12/04 NOVAK, MICHAEL 1,669.24 wf 96810 03/12/04 GERNES, CAROLE 350.00 wf 96811 03/12/04 SOUTTER, CHRISTINE 280.13 wf 96812 03/12/04 ADAMS, CAILIN 45.00 wf 96813 03/12/04 ANDERSON, MIKE 33.75 wf 96814 03/12/04 ANZALDI, KALI 390.50 wf 96815 03/12/04 BROZAK, KATHERINE 45.00 wf 96816 03/12/04 CHOINIERE, ROBERT 50.75 wf 96817 03/12/04 DRESSEN, EMILY 32.00 wf 96818 03/12/04 FRANK, SARAH 76.25 wf 96819 03/12/04 FREYBERGER, RACHEL 260.00 wf 96820 03/12/04 GEBHARD, JILLIAN 240.00 wf 96821 03/12/04 GEBHARD, MADELINE 310.50 c:\My Documents\Excel\Miscellaneous\04-AprClms 03-05 and 03-12 16 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 96822 03/12/04 GREENER, DOUGLAS 90.00 wf 96823 03/12/04 HANNIGAN, BRADY 50.00 wf 96824 03/12/04 HARGROVE, CAYLA 77.75 wf 96825 03/12/04 HAWKES, SCOTT 32.25 wf 96826 03/12/04 HJELMGREN, NICOLE 42.00 wf 96827 03/12/04 HORNER, JAY 80.00 wf 96828 03/12/04 JOHNSON, ALEXANDER 50.00 wf 96829 03/12/04 KLEM, JOSH 135.00 wf 96830 03/12/04 LANDE, JOSEPH 22.50 wf 96831 03/12/04 CARSON, RYAN 24.00 wf 96832 03/12/04 LINDEMAN, BRETT 21.50 wf 96833 03/12/04 LIUKONEN, SHAWN 52.00 wf 96834 03/12/04 MARTINUCCI, KAITLIN 13.50 wf 96835 03/12/04 MILK, KYLE 34.50 wf 96836 03/12/04 NAPOLI, ANGELICA 26.00 wf 96837 03/12/04 OHLHAUSER, MEGHAN 264.00 wf 96838 03/12/04 OLSON, KRISTIN 13.50 wf 96839 03/12/04 RYDEL, RACHEL 131.50 wf 96840 03/12/04 SHOBERG, KARI 171.19 wf 96841 03/12/04 SIKORA, JACOB 56.25 wf 96842 03/12/04 SIKORA, LEAH 22.50 wf 96843 03/12/04 SIKORA, PAUL 108.75 wf 96844 03/12/04 TARR-JR, GUS 52.25 wf 96845 03/12/04 WERNER, KATIE 182.75 wf 96846 03/12/04 WILLMS, DUSTIN 36.00 wf 96847 03/12/04 YORKOVICH, BRADLEY 80.88 wf 96848 03/12/04 ZUSTIAK, CODY 33.75 wf 96849 03/12/04 GERMAIN, DAVID 1,794.94 wf 96850 03/12/04 HAAG, MARK 1,742.55 wf 96851 03/12/04 NADEAU, EDWARD 2,722.50 wf 96852 03/12/04 BROWN, LAURIE 472.00 wf 96853 03/12/04 DISKERUD, HEATHER 142.00 wf 96854 03/12/04 DOAN, ANDREW 259.15 wf 96855 03/12/04 GLASS, JEAN 1,450.49 wf 96856 03/12/04 HEITHOFF, TREVOR 184.60 wf 96857 03/12/04 MOY, PAMELA 537.02 wf 96858 03/12/04 TOLBERT, FRANCINE 184.00 wf 96859 03/12/04 LINGER, MARGARET 545.01 wf 96860 03/12/04 WEISMANN, JENNIFER 401.62 wf 96861 03/12/04 BOTHWELL, KRISTIN 148.22 wf 96862 03/12/04 BRIN, LAUREN 45.50 wf 96863 03/12/04 COSTA, JOSEPH 42.30 wf 96864 03/12/04 DEMPSEY, BETH 64.80 wf 96865 03/12/04 DIXON, REGINALD 188.00 wf 96866 03/12/04 DUNN, RYAN 368.67 wf 96867 03/12/04 ESTRADA, KIEL 134.00 wf 96868 03/12/04 FENGER, JUSTIN 91.11 wf 96869 03/12/04 FONTAINE, KIM 583.98 wf 96870 03/12/04 GRANT, MELISSA 91.80 wf 96871 03/12/04 GRUENHAGEN, LINDA 445.00 wf 96872 03/12/04 HOLMGREN, LEAH 9.25 wf 96873 03/12/04 HOULE, DENISE 86.20 c:\My Documents\Excel\Miscellaneous\04-AprClms 03-05 and 03-12 ~ 7 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 96874 03/12/04 JOHNSON, ROBERT 593.60 wf 96875 03/12/04 JOYER, MARTI 130.75 wf 96876 03/12/04 KROLL, MARK 132.00 wf 96877 03/12/04 OLSON, MARGRET 13.60 wf 96878 03/12/04 OTTESON, JANET 209.45 wf 96879 03/12/04 PEHOSKI, JOEL 98.40 wf 96880 03/12/04 PROESCH, ANDY 215.95 wf 96881 03/12/04 RENSTROM, KEVIN 50.80 wf 96882 03/12/04 RODEN, JASON 57.35 wf 96883 03/12/04 SMITLEY, SHARON 199.80 wf 96884 03/12/04 VANG, VICTORIA 79.20 wf 96885 03/12/04 WARNER, CAROLYN 117.00 wf 96886 03/12/04 WELTER, ELIZABETH 62.25 wf 96887 03/12/04 WHITE, NICOLE 510.49 wf 96888 03/12/04 WOODMAN, ALICE 62.10 wf 96889 03/12/04 BOSLEY, CAROL 322.53 wf 96890 03/12/04 FARLEY, JAMIE 45.00 wf 96891 03/12/04 HANSEN, ANNA 28.00 wf 96892 03/12/04 NORLIN, AMANDA 21.00 wf 96893 03/12/04 ODDEN, JESSICA 69.88 wf 96894 03/12/04 OIE, REBECCA 61.75 wf 96895 03/12/04 QUINN, KELLY 37.50 wf 96896 03/12/04 VAN HALE, PAULA 42.00 wf 96897 03/12/04 COLLINS, ASHLEY 59.08 wf 96898 03/12/04 DOUGLASS, TOM 931.56 wf 96899 03/12/04 HER, CHONG 116.80 wf 96900 03/12/04 NAGEL, BROOKE 139.65 wf 96901 03/12/04 O'GRADY, ZACHARY 113.05 wf 96902 03/12/04 QUIWONKPA, THOMAS 59.85 wf 96903 03/12/04 RHODE, ERIC 172.30 wf 96904 03/12/04 RICHTER, MICHAEL 53.98 wf 96905 03/12/04 SCHULZE, BRIAN 585.00 wf 96906 03/12/04 VERDELL, TRAQUEZ 116.38 wf 96907 03/12/04 VOSS, NICOLE 93.10 wf 96908 03/12/04 WHITE, STEVEN 84.14 wf 96909 03/12/04 WILLIAMS, NICK 53.98 wf 96910 03/12/04 ZIEMER, NICOLE 140.60 wf 96911 03/12/04 MULVANEY, DENNIS 1,967.73 431,247.72 c:\My Documents\Excel\Miscellaneous\04-AprClms 03-05 and 03-12 AGENDA NO. G2 AGENDA REPORT TO: Richard Fursman City Manager FROM: Sherrie Le Human Resource Director RE: Assistant Building Official Pay DATE: March 12, 2004 At Melinda Coleman's request, I reviewed the compensation for the position of Assistant Building Official. The position has recently become supervisory and is therefore in the process of being moved out of the A.F.S.C.M.E. bargaining unit (which by law cannot represent supervisors in the same unit as non-supervisory positions). Once that process is complete, we expect the position to become non-union. After analyzing the pay compared to other City positions, it is recommended that the salary range increase by 5% effective at the beginning of the first pay period after approval of the petition to move this position from A.F.S.C.M.E. to non-union. RECOMMENDATION It is recommended that the City Council adopt the 2004 salary range of $50,604 to $64,677 per year for the position of Assistant Building Official effective at the beginning of the first pay period after approval from the Bureau of Mediation Services of our petition to reassign this position to non-union. Agenda Item G3 MEMORANDUM TO: Richard Fursman FROM: Karen Guilfoile, City Clerk RE: TEMPORARY GAMBLING RESOLTUION DATE: March 15, 2004 Julia Samsal, representing NIRI (National Investor Relations Institute), has applied for a temporary gambling license to be used on May 18, 2004 from 12:00 noon to 9:00 p.m. to conduct a raffle. The local Chapter of NIRI, represented by Ms. Samsal, 8875 Elgin Place North, Golden Valley, will conduct the raffle at the Keller Golf Course. Proceeds from the raffle will be used for educational programs for area businesses. In order for the State of Minnesota to issue a temporary license, approval of the following resolution from the City is required: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for the National Investor Relations Institute (NIRI), 8020 Towers Crescent Drive, Vienna, Virginia. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute § 349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute § 349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. AGENDA NO. G-4 AGENDA REPORT TO: City Manager FROM: Finance Director RE: BUDGET CHANGES FOR FIRE STATE AID DATE: March 16, 2004 Annually the city receives Fire State Aid which must be transmitted to the Maplewood Firefighters Relief Association for pension benefits. In 2003 the Fire State Aid was $177,795. The annual aid payments have never been recorded as revenue in the city~s accounting system because the city is not allowed to keep the money. A new interpretation of generally accepted accounting principlesm by the Government Finance Officers Association staff and the city auditors require that the aid payments be revenue in the city"s accounting system. Also, this new interpretation requires that the transmittal of the aid to the relief association be recorded as an expenditure in the city"s accounting system. Therefore, it is recommended that the City Council approve the appropriate 2003 and 2004 budget adjustments to reflect this new accounting requirement. The budget adjustments will increase the estimated revenues and expenditures by $177,795 for both years. P\agn\FIRESTATEAID.doc G-5 AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David Thomalla Subject: Interview Room Audio-Visual Recording System Date: March 12, 2004 Intrnrluctinn Minnesota law requires that police officers audio record all custodial interviews of criminal suspects. Over the past ten years, the Police Department has used several different styles of hand-held audio recorders to comply with this law. Over the years, the quality of the recordings has been inadequate and unreliable, occasionally threatening the integrity of the investigation. Furthermore, the recordings have been on cassette tapes, which eliminates the possibility of electronic transfer of files to the courts, attorneys and other law enforcement agencies. Background Research was done regarding the purchase and installation of an in-house recording system for suspect and witness interviews. Two quotations were received for the installation of the desired system. An initial requisition for $7,500 was prepared for the installation of a VHS-based audio-visual system in the Police Department interview rooms. The selected company was unable to deliver an acceptable solution, and the system was never installed. Late in 2003, a third company was identified; and a quotation of $14,950 was provided for astate-of-the-art DVD-based audio-visual recording system. Additional 2003 budget money was carried over to fund the expected additional cost. Installation was begun based on the above quotation. During the installation, it was determined that the original location for the base system would interfere with other police department operations; therefore, it became necessary to relocate the base system to another location. The relocation and necessary enhancements increased the cost of this system to approximately $17,500. Recommendation It is recommended that approval be given by the City Council for the expenditure of this money for aDVD-based audio-visual recording system in the Police Department's interview rooms. Action Required Submit the City Council for review and approval. DJT:js AGENDA ITEM G-6 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Bill Priefer, Public Works Administrative Assistant Steve Hurley, Information Technology Director SUBJECT: Dial Tone Agreement Renewal DATE: March 8, 2004 Introduction The dial tone agreement with our current vendor, McLeodUSA, is due for renewal. Written quotations were received from McLeodUSA and POPP Telecom. Background McLeodUSA submitted a quote of $1,596.31 per month or $19,155.72 per year. POPP Telecom submitted a quote of $1,729.30 per month or $20,751.60 per year. Both quotes are for a three-year period, which results in an eighteen percent reduction over cone-year contract. Our first contract with McLeodUSA ran for three years from 2000 through 2002. However, when we renewed the dial tone agreement in 2003, we only requested quotes for cone-year period in order to determine if we would experience cost savings with the new phone system configuration and the fiber optic cable network. We did not want to get locked into along-term contract with any vendors unless we experienced cost savings and a continued high level of service. The quotes from McLeodUSA and POPP Telecom definitely demonstrate that we have experienced substantial cost savings with the configuration of the new phone system and the use of the fiber network. The annual cost for the 2003 contract was $49,093.20 while the low quote from McLeodUSA is for $19,155.72 per year, which results in a 61 percent reduction in the cost of dial tone or an annual savings of $29,937.48. Recommendation It is recommended that the city council approve the McLeodUSA dial tone service agreement for $1,596.31 per month (or $19,155.72 per year) for a period of three years. AGENDA ITEM G-7 AGENDA REPORT TO: Richard Fursman, City Manager FROM: R. Charles Ahl, Director of Public Works/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: Carlton Street Improvements, City Project 03-22 -Resolution Approving No Parking Restrictions DATE: March 15, 2004 Introduction The city council shall consider approving a parking restriction to meet state aid standards on Carlton Street. Background It has been proposed to construct Carlton Street as a four-lane road from Conway to 3M's west entrance road and atwo-lane road from that point to Minnehaha Avenue. The proposed design does not accommodate parking on either side of Carlton, per state aid design 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. The street widths and parking restriction requirements were discussed both with 3M and the adjacent residents. It was determined that parking was not necessary along this segment of roadway. Due to the design and funding requirements set on state aid projects, No Parking requirements must be set by council resolution. Recommendation It is recommended that the city council approve the attached resolution approving No Parking restrictions on Carlton Street from Conway Avenue to Minnehaha Avenue. CMC Attachment 1. Resolution Approving No Parking Requirements 2. Location Map RESOLUTION NO PARKING RESTRICTION KENNARD STREET IMPROVEMENT, PROJECT 03-22 S.A.P. 138-105-01 WHEREAS, the City of Maplewood has approved the plans for the construction of Carlton Street from Conway Avenue to Minnehaha Avenue. WHEREAS, the city will be expending Municipal State Aid (MSA Project 138-105-O1) funds on the improvement of said street; and WHEREAS, said improvement does not conform to the approved minimum State Aid width standard with 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 side of Carlton Street from Conway Avenue to Minnehaha Avenue. AGENDA NO. G8 AGENDA REPORT TO: Richard Fursman City Manager FROM: Sherrie Le Human Resource Director RE: New Title -Firefighter-Paramedic DATE: March 16, 2004 We have created a new full-time job class called "Firefighter-Paramedic." We propose that the compensation for this position be 5% higher than the compensation for the full- time Firefighters. Movement through the salary ranges and longevity pay system, and benefits will be the same as that of the full-time firefighters. The 2004 salary range for the non-union job class of Firefighter-Paramedic is proposed to be as follows: Start After 1 yr. After 2 yrs. After 3 yrs. $44,558 $47,677 $51,014 $54,585 Longevity After 5 yrs. After 10 yrs. After 15 yrs. After 20 yrs. $56,162 $56,830 $57,499 $58,168 RECOMMENDATION It is recommended that the City Council adopt the 2004 compensation, described above, for the non-union job class of Firefighter-Paramedic. MEMORANDUM Agenda #G9 TO: Richard Fursman, City Manager FROM: Shann Finwall, Planner SUBJECT: Conditional Use Permit -Over-Sized Accessory Building LOCATION: 2776 Keller Parkway DATE: March 15, 2004 INTRODUCTION The conditional use permit (CUP) for Ronald Brown's over-sized accessory building at 2776 Keller Parkway is due for review. The CUP was required to allow Mr. Brown to construct a 266- square-foot carport addition to his detached garage. The 266-square-foot addition brought his detached garage over the maximum of 1,250 square feet allowed by code. Mr. Brown uses the garage and carport to store his personal property including cars, a trailer, a lawn mower and a garden tractor. BACKGROUND On January 27, 2003, the city council approved a CUP to allow Ronald Brown to have a 1,516- square-foot accessory building on his property with four conditions: All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The applicant shall obtain all necessary building permits from the city. 3. The owner shall not use the garage and carport for commercial or business activities, unless the city council approves such a request. 4. The conditional use permit shall be reviewed by the city council in one year. (Also refer to the January 27, 2003, city council minutes attached.) DISCUSSION Mr. Brown has complied with all CUP conditions. The garage and carport are located near the rear of the property (near county open space) and are only visible to one adjacent neighbor. The garage and carport have not negatively impacted the surrounding properties and, in fact, have resulted in a neater, cleaner property. In an attempt to further screen the storage, Mr. Brown has indicated to staff that he will be installing lattice fencing around the walls of the carport. RECOMMENDATION Review the conditional use permit for Ronald Brown at 2776 Keller Parkway again in the future only if a problem arises. Sec 4/2776 keller pkwy 2004 cup review Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Area Map 4. Site Plan 5. City Council minutes dated 1-27-03 ~ttac~m~nt 1 VADNAIS HEIr,HTS 19 couNrr Q HIGHRIDGE CT. Z Q ~ ~ ~ U n 3 0 w J LYDIA AVE. ~ ~ v~i a~ ~ Del -~ ~~ ~ ~ ~~ G~( Q ~ ~ ~ v~i BEAM AVE. ~ ~ Lake Q ~ ~rti ~ U a CT eA~~ O ROAD 1. SUMMIT CT. 2. COUNTRYVIEW 3. DULUTH CT. BEM 19 Sv ~ ~ c~n O ~~` ~~ ~ Kuhlman 2''' ~ ~ Lake ~~ w \` -J ~ g ~--.--' 61 KOHLMAN ~ AVE. ~ , ~:~~~~ COUNTY ~ ROAD ~~ ~,R ,~ J 2 ALVARADO DR FA 3 BELLECRE.5T DR J/~ 4 DEAUVtLLE DR 5 MERIDd4N DR 3 Q C] Q J Q 22. U W 2400N ~ so 0 58 CD. RD. 62 rlll ~1~ <tta N ~S~ _~ ~ } LAURIE CST, i .J „~' v~ ~ (25) HALL T O H ~ Ka~ an S~. OP LM ~ P°"` Trailer o Jam/ i^ CT CT. oA1.M Ct~• to r~-t Court ~ I ~r;~„ . ,11 J ~ ° 3 --••L_ -1 yT ¢ CON OR ~ AVE. O~ AVE. !/7 W ~ W ~ ~ ~ ~AVETANT r~.1 ~ ___...._ W U w ~p U .! P e. 3fi ~ ~~ 60' Keiler / ~ Lake ~~`\/1 1f4 ,~ / COP CTI \ H _ ~ LARF 125) _° CO. RD. °~ LELAND C~ RD. i u iu nnnl 4 dVF C I-' LOCATION MAP ~N. 2 Attachrnel~t 2 ~j (4.o)O • 97J 9 Z Z ~ .. '_Zr~~ o i ~ 2.Z,ya~ ~" Q- ~~ ~4z~ zl~ a ,~ ~ ~z .1L"i ' TT.oti -_ .- - k.ic~. .3~ :.~ .~T. - 6 " ka 4u sa TI \~, :.oc.'~zasfo4+ .,.,, ~ V 41..5 _ 1.1.z Q ,e-sl - - - ~3.s~ 143 .•!S ITD.D4 ~ r I b 9cA ~ ~ d - ~ ,~ 0 ~, 1~ (2 (q.l~ ~ ~/, ~Itt?s~4 ' \ \ I ' CITY OPEN SPACE N / ••--~/ 365 95 a~ ~ ~ E4"t~/ 2(27) ~ I 340.7 .0~ I I .5 3 o..c... .- n \ ~ ~a ~ ~u I \ q (29) 5 ~~J 030 ~ T2.9 QC 51 RAMSEy COUNTY '~ 6 C31~ COVNTY DITCH ~7 ~ Z R~ Po N D ~ ss° 7 (32J ~ a~ • ~ ,V / , 0 ~ ~ ,~ 9 v ~° "~ ° ~ GOVT. LOT ~~~ (. a' ,.N 1.8 4 ac . ,e RAM~Ey COUNTY OPEN SPACE ~ ~ /IZ~ e z ~ ro ~ouNTy 2828 o I°~N ry ~tiyl .~) , ~ ~ ;~ ~c 2soo ~ 111 U 250 .~~ ~ f 278_6 ~ alb /~ 6 0 ~'°s. >< ~~ 6+) ~,~7 80 2776 (~ ~. .12ac 2TCt 'b/.~~, r1 2770 ~+. ~' ~~ h .~ ,L~~ ~I :~ Nom:- . _ _ _ _~ _.. _. _ _ _ _ _ .R • ' 6 D S ~ 1,~ 1 ti ~ ,a~ by GERVAIS LAKE ,~,, ^ ~9 \~ R791+41.5® y r a sTO Te T 131.08 s ~l IP.L B',R 01.92 G ~ JIG°D1' NI T 62 33 / M I R441.c 8~ i i -~ / 1 h a w ~ r~2 x r ~ ro 1r~~1 .' l ~/ y `~ 3 ' \ y L i. 53 x . D 21p ~~..C . 2764 . ,_ , 12756 • a) ~ ~. a•9 ~' _ i ~' . ; M , _(-1980) ~ ;~ 1 ~, 1 a~ ~ ~ ~~ ~ ~ v 9`p o ~ o ., ~, S~. o ~, ° (3 7) Pfl Oy o / 1 0 0° ~Z `~ ~y~/ m~N~ ~ . / ~ 1 21) e pct ~ ~ ~ O os ~ L. A. r. ~r -~ - 010 0.< sz, r as* o , a ~~ I .GZ OG. i .lg. g~ ' ' o~ ~+ (16 ,;~ ^Jy r28•~ 5, raj TI•~ ~ ~ ~ ° (4) cz ~ 9 t5 `, 23$_15 ~26\~. P. 209.6' Apo' v ~ !Ifi~c~OD ..T3oc. "s O I~ V) s <s~ - ~ 60 ~ 1.89ac. G O V l~. LO T ~! 9.`~2 a~ Rio) PROPERTY LINE I ZONING MAP SITE 4 N 3 I Attachment 3 28A0 rfl. CITY OPEN SPACE ~ ., f' COUNTY OPEN SPACE 28~ ~ ~.__ ... ~~ ~ ` 2s0o , ~, ,~ .} ~. ~ ~ ~ ~~ ti~ti ~\ ~,~ ~ ~ r gill ,4 ~`~ , , 2786... ,, ~.., ,, ,`s.~ '~ z78o f 277s j z~Z '*; ~ ' , ',.~~ ` . `\ v 2770 ,~ --- -"~°- ~2~ 2764 - ~ ~, .` ~~ \ ti,~ ~ ~ ~ ~~ GERVAIS LAKE ~ -~ ~~~~~' o ~ ~~ J .t~ `~ . ~ r' ~,` AREA MAP ? ~~~ ~ r /~ 890 4 ©r°,~,~ ss"~,~ SITE PLAN 4 N 5 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, January 27, 2003 Council Chambers, Municipal Building Meeting No. 03-02 Attachment 5 7:00 p.m. (7:25 p.m.) Conditional Use Permit for Accessory Building (2776 Keller Parkway) a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Commissioner Rossbach presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Ron Brown, Applicant, 2776 Keller Parkway e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for an accessory structure (~ara~e and carport) that is 1 515 square feet in area for the property at 2776 Keller parkway: RESOLUTION 03-O1-006 CONDITIONAL U5E PERMIT RESOLUTION WHEREAS, Ronald Brown is requesting that Maplewood approve a conditional use permit (CUP) to have a 1,515 square foot accessory building (garage and carport) on his property. WHEREAS, this conditional use permit applies to the property at 2776 Keller Parkway. The property identification number is 04-29-22-32-0024 and the legal description is: BEGINING AT POINT ON NORTHERLY EXT OF EASTERLY LINE OF LOT 5, BLOCK 2, LAKE GERVAIS VIEW ADDITION, 39 FEET NORTHERLY OF NE CORNER SAID LOT, THEN SOUTHERLY TO SAID NE CORNER, THEN SOUTH 65 DEGREES, 44 MIN, EAST 100FT, THEN SOUTH 24 DEGREES, 16MIN, WEST TO SHORE OF LAKE, THEN SELY ON SAID SHORE TO L 1NE RUN PAR TO & 101.14FT MORE OR LESS SELY OF 1sT LINE, THEN NORTH 24 DEGREES, 44MIN, EAST ON SAID LINE TO POINT 241.36 FT NORTH OF NORTH LINE OF PKWY, THEN SOUTH 65 DEGREES, 44 MIN, EAST 119.22 FT TO E LINE OF WEST'h OF GL 1, THEN NORTH ON SAID EAST LINE TO INT LINE RUNNINGS 61 DEGREES, 24 MINUTES 33 SEC, EAST FROM BEGINING (SUBJECT TO ROAD) IN GOVT LOT 1, IN SECTION 4, TOWNSHIP 29, RANGE 22 WHEREAS, the history of this conditional use permit is as follows: On January 6, 2003, the planning commission recommended that the city council approve City Council Meeting 01-27-03 this permit. 2. On January 27, 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 city council opened the public hearing and allowed everyone at the hearing a chance to speak and present written statements. The city council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit based on the building and site plans. The city approves 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 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. 10. The garage and carport are near the rear of the property (near county open space) and only visible to one neighbor. 11. The garage and carport have not negatively impacted the surrounding properties. 12. All of the neighbors that responded to our survey were for this proposal. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The applicant shall obtain all necessary building permits from the city. City Council Meeting 01-27-03 7 3. The owner shall not use the garage and carport for commercial or business activities, unless the city council approves such a request. 4. The city council shall review this conditional use permit in one year. Seconded by Councilmember Wasiluk Ayes-All City Council Meeting 01-27-03 8 AGENDA ITEM H-1 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: Legacy Parkway Improvements, Hazelwood to Kennard, City Project 03-26 1. 7:00 p.m. Public Hearing 2. Resolution Authorizing the Preparation of Plans and Specifications and Authorizing the Acquisition of Right-of-Way. DATE: March 15, 2004 Introduction/Summary The proposed site plan for the Heritage Square development at Maplewood includes the construction of an east to west roadway between Hazelwood Street and Kennard Street. Attached is an executive summary of the report. A complete report was distributed to the city council as a *.pdf attachment for the February 23rd, 2004 council packet. Hard copies can also be obtained from the office of the city engineer. The public hearing for Legacy Parkway, Phase II, from Hazelwood St. to Kennard St. has been set for 7:00 p.m., March 22, 2004. Public notices have been published and mailed. The city council should conduct the public hearing and consider approving the resolution authorizing the preparation of plans and specifications and authorizing the acquisition of right-of-way. Background On September 8, 2003, the city council approved the preliminary plat for the Hartford Legacy Village development, as well as ordered the extension of Legacy Parkway to the east between Kennard Street and Southlawn Drive (Phase I). The segment of Legacy Parkway to the west, between Kennard Street and Hazelwood Street (Phase II), had not been proposed as this area of the plat was simply platted as an outlot, later to be proposed as Heritage Square. On December 8, 2003, the city council approved the preliminary plat for Heritage Square, which included the public right-of-way for the section of Legacy Parkway between Hazelwood and their west property line. On January 12, 2004, the city council received a petition for public improvement from Town & Country Homes and authorized the preparation of a feasibility study to construct Legacy Parkway from Kennard Street to Hazelwood Street. In a separate agenda item, the city council will be considering the approval of a purchase agreement with the two remaining property owners along Hazelwood Street. Acquisition of their properties would be necessary to extend Legacy Parkway out to Hazelwood Street. The estimated cost of the Phase II improvements is $1,115,500. It is proposed that this project be added to Legacy Parkway, Phase I project. Assessments to the developers (Town and Country Homes and the potential developer of the Hazelwood properties) are estimated at $688,130, with a small amount of the costs from utility funds and a share paid from the city funds that will be generated by the property taxes from the site improvements at Legacy Village (tax abatement). Recommendation It is recommended that the city council conduct the public hearing and then approve the attached resolution authorizing the preparation of plans and specifications and acquisition of right of way for the Legacy Parkway Improvements, Phase II (Hazelwood Street to Kennard Street), Project 03- 26 and approving a modification to the existing project budget with an increase of $1,115,000. Attachment: Resolution Executive Summary Location Map RESOLUTION AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND AUTHORIZING ACQUISITION OF RIGHT OF WAY WHEREAS, pursuant to resolution of the council adopted January 12, 2004, a report has been prepared under the direction of the city engineer with reference to the improvement of Legacy Parkway (Hazelwood to Kennard), City Project 03-26, and this report was received by the council on February 23, 2004, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, WHEREAS, a resolution of the city council adopted the 23rd day of February 2004, fixed a date for a council hearing on the proposed street improvements for Legacy Parkway (Hazelwood to Kennard), City Project 03-26, and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on March 22, 2004, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Legacy Parkway between Hazelwood and Kennard, City Project 03-26. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 22nd day of March 2004. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The city engineer is authorized to acquire the necessary right of way and easements for the making of these improvements by direct negotiations. 5. The finance director is hereby authorized to make the financial transfers necessary to increase the financing plan for the project by the amounts detailed in the preliminary report. An increase in the project budget by $1,115,500 for Phase II would result in a total project budget of $$2,468,350. The revised financing plans is as follows: Phase I Phase II Total Assessments $1,080,920 $688,130 $1,769,050 City General Tax Levy $ 271,930 $413,570 $685,500 SPRWS Funds $0 $13,800 $13,800 TOTAL $1,352,850 $1,115,500 $2,468,350 Approved this 22~d day of March 2004. CITY OF MAPLEWOOD LEGACY PARKWAY IMPROVEMENTS (HAZELWOOD STREET TO KENNARD STREET) CITY PROJECT 03-26 EXECZITIVE SUMMARY This Feasibility Study and Report has been prepared for the Legacy Parl~vay Improvements (Hazelwood Street to Kennard Street), City Project 03-26. The proposed project includes the following improvements: • Construction of Legacy Parl~vay between Hazelwood Street and Kennard Street. This segment of Legacy Parl~vay is proposed to be constructed as a part of the proposed Town & Country Homes Heritage Square at Legacy Village development. • Installation of gravity sanitary sewer main along Legacy Parl~vay. • Installation of watermain along Legacy Parl~vay. • Installation of drainage improvements to collect runoff and to provide storm water treatment and storage. The estimated costs for the proposed improvements are detailed below. These costs include a 10% construction cost contingency and a 31.5 % allowance for indirect costs. Proposed Improvement Estimated Cost Street Improvements $ 481,400 Storm Sewer Improvements $ 237,100 Sanitary Sewer Improvements $ 131,400 Watermain Improvements $ 120,600 Kennard Street Parking $ 45,000 Subtotal Project Costs $1,015,500 Right-of--Way/Easement Acquisition Costs $ 100,000 Total Project Cost $1,115,500 The improvements are proposed to be financed through a combination of special assessments to benefiting properties along with City funds. The following is a summary of the estimated funding amounts from each of the proposed financing sources: Financing Source Amount Assessments $ 688,130 City of Maplewood Funds $ 413,570 SPRWS Funds $ 13,800 Total $1,115,500 The following is a proposed schedule for the project if the City Council votes to proceed. Feasibility Study Accepted, Call Public Hearing February 23, 2004 Public Hearing/Authorize Preparation of Plans & Specs March 22, 2004 Approve Plans and Specifications April 12, 2004 Bid Opening May 14, 2004 Assessment Hearing/Award Contract May 24, 2004 Construction Start June 7, 2004 Construction Complete November 26, 2004 Based upon the analysis completed as a part of this report, the proposed Legacy Parl~vay Improvements (Hazelwood Street to Kennard Street), City Project 03-26 are feasible, necessary and cost effective and would benefit the City of Maplewood. ~. .., Agenda Item Jl MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: March 15, 2004 RE: 2004 Council Appointment - 800 MHz Representative Tntrndnctinn At the first meeting of the year, the Maplewood City Council officially makes the year's appointments to organizations of which the City is a member and to those who serve at the pleasure of the Council. At the January 12, 2004 meeting, council appointed former Councilmember Kenneth Collins to serve as the 800 MHz Representative. The committee determined that the city would have to appoint a new representative because Mr. Collins was no longer an elected official. Councilmember Juenemann has been serving as the city representative since the beginning of the year. Auuointment 2003 2004 Recommended 800 MHz Representative N/A N/A Recommendation It is requested that council make a formal appointment to the 800 MHz Committee. AGENDA ITEM K-2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer SUBJECT: Kennard Street Improvements (Beam to County Rd D), Project 03-04 -Resolution for Approval of Plans and Advertisement for Bids DATE: March 15, 2004 Introduction The Legacy Village project includes the extension of Kennard Street between Beam Avenue and County Road D as part of the internal roadway system. Kennard Street is proposed as a parkway design in keeping with the overall development concept. Plans have been prepared for the parkway design and area landscaping. Review and approval of the plans and authorization to receive bids is proposed for consideration by the city council. Background The Legacy Village of Maplewood development proposed to orient a majority of their site traffic to the center of their project toward a newly constructed Kennard Street. On May 12, 2003, the city council approved the AUAR for Legacy Village. The AUAR required the construction of Kennard Street as part of the Legacy Village improvements. Following the AUAR approval, the council authorized the project in a public hearing on July 14, 2003. A majority of the roadway was constructed in 2003 and will be open to traffic in May 2004. The development agreement with Hartford Group for the Legacy Village project included an assessment to Hartford for the landscaping of Kennard Street. The city's consultant, SEH, Inc., has prepared the plans for the landscaping of Kennard and Legacy Parkway. Review of the concepts and approval of the plans is recommended. The attached drawings provide an illustration of the concepts to be discussed. Budget Impact A majority of the cost of the landscaping has been assessed to the Hartford Group as part of the Kennard Street project and will also be assessed with the Legacy Parkway project. The estimated cost of the landscaping package is $500,000. The assessments to Hartford total over $400,000 with the remainder of the project funding to be covered by tax abatement dollars projected from the development. All costs were included in project estimates as part of the preliminary planning. Recommendation It is recommended that the city council adopt the attached resolution that approves the plans and specifications and authorizes receipt of bids for April 16, 2004 at 10:00 am for the Kennard Street Landscape Improvements (Beam to County Road D), City Project 03-04. 1W Attachment: Resolution Location Map Landscape Design Narrative Draft Landscape Plan General Design Concepts (provided to the Council separately) RESOLUTION APPROVING PLANS AND SPECIFICATIONS AUTHORIZING ADVERTISEMENT FOR BIDS WHEREAS, a resolution of the city council adopted the 14th day of July 2003 ordered the proposed street improvements for Kennard Street (Beam to County Road D), City Project 03-04; AND WHEREAS, pursuant to resolution passed by the city council on July 14, 2003, plans and specifications for Kennard Street Landscape Improvements (County Road D to Beam Ave.), City Project 03-04, have been prepared under the direction of the city engineer, who has presented such plans and specifications to the council for approval, AND WHEREAS, this resolution authorizes the city clerk and city engineer to receive bids for the making of these improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered at 10:00 a.m. on the 16th day of April, 2004, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 22, 2004. Approved this 22nd day of March 2004. i ., ., -T .- .I ,~ ~~ .~ .1 19 6I i~ I~ I Ii ~ ~ ~ r~ 0 `~ o IEW .~ 1 .~ ~ i~ ~ ~, ~ r~ ti~ 1 ^1 I PROJ~Ci LOCATION ~~~ 69q 1---~~ -- ~ ~ ~ ~! COUNiY ROAD D 0 C~ ~ ~ C --~ ~ ,D T3J~ R23W ~ ~ ~ ~ 34 35 ~ ~ ~ ,o ~ 3 2 z ~ o z T2°N R23Nl~ ° ~ ~ ~ STo JOIN' o ~ ~ BI~VDe , ~ ~ ~ 1 ~ 0 ___ ~~ C.-Y OF uAPLENOpp ~~~ ~I KEwNAr~!~ STREET ~.,~ BEAti9 AVEo n I n_r-~ i ~a _. n osiz~9i^~ r~~ ='<H air- GENERA, DESIGN CONCEPT The design intent for the right-a-way landscaping along Kennard Street and Legacy Park-way is to accentuate the grand linear character of Kennard Street and the sofr sweeping curve of Legacy Parkway. A simple landscape palette was chosen to re-create the traditional urban tree-lined neighborhood streetscape. 1~'.ach roadway was assigned a signature overstory tree species. Selection depended on the general street configuration and surrounding uses. The medians in Kennard Street and the Roundabout at the intersection oC Kemiard Street cued f.egacy Parkway were given a third landscape treatment that provided visual continuity and interest through the corridor . 'I'hc following highlights each of the main planting areas: IsENNARD STREET BOULEVARDS The boulevard areas along both sides of Kennard are defined using honey i,ocust. Iloney i.ocust provides filtered sunlight with its airy canopy to the adjacent buildings and shade for the pedestrians using the sidewalks. 'I'he "wispy" nature of the tree will complement rather than dominate the architechtral lines of the closely set-back structures. The robust. tree species, most notably "Skyline" has been a proven work horse in urban settings. It can tolerate smaller areas and most soil, moisture, and salt conditions. Since the strength of the planting is in numbers, trees planted 30' on-center, along Kennard, this attribute is very important. The delicate leaf structure of the Honey Locust also offers a visual play of light and shade nn the hard surfaces throughout the summer bursting into a soft buttery yellow- in the fall. I~:NNARD STREET l~LEDIANS The medians in Kennard Street have been given a semi-informal landscape treatment using colored concrete pavers, Lindens underplanted with a blend of pink and red hardy shrub roses and panels of mowed turf grass. Medians where the width is 18' wide, beds of Lindens, planted 25' on-center and shrub roses are shown. The combination of the architectural pyrimidat form of the Linden underplanted with a nubby ribbon of continuous color and texture of the shrub roses complement the formal pattern of dense development within the neighborhood. The planted medians produce a traffic calming affect while guiding the motorist towards the roundabout. They also provide pedestrians with a colorful visual diversion as they walk beneath the canopy of Honey Locust. Tu provide contrast, turf grass was used at the ends of the planting beds in the long median south of the roundabout. KENNARD STREET LEGACY PARKWAY ROUNDABOUT The roundabout at the intersection of Kennard Street and Legacy Parkway continue the Linden-shrub rose theme of the median plantings. The closely compacted planting of trees and shrubs within the center of the rnundabout create the "knot" at the center of the colorful ribbon. The use of shrub roses in the roundabout, while beautiful to admire from a distance, provide a deterrent for approaching or lingering. A wide band of turf grass edged with colored concrete pavers surround the planting bed providing cominuity of landscape materials throughout the Kennard Street corridor. LEGACY PARKWAY The curving nature of Legacy Parkway through a range of uses landscape complexity from a naturally planted park with a formal entry point to corporate and commercial areas to residential areas plam:ed with rain gardens creates an opportunity for traditional simplicity. The elm, an American neighborhood icon is re-introducedalong legacy Parkway. The trees arc spaced GO' on center to provide an opportunity for specimen-like growth. ~i ~ ~~ ,. ~- t ~~ _ - i ~ ;r rY- ~~o ~ ~ ~ _ _ B f A-e"x ofHo~yIecus _ _. _ BoWcvatdn 1Ccmacd - ~J~ / __ _ _ -- ____ S Colored Coves P vna ~ Meduvc t ~._ ~~ I~ ~r ~ ~ ~Y ' r ~ ~ ~ d Ii I I~ I f I ., f i . I I _- aaeec I.ippdog -__ - •~ _ ~_ - ~ , -. '_ ~' _ ~ '~ t ~~ ~ ~ ~ ~~ U -, _ ~ , ~, ,ic ~ ~ ,. ' i. ~ i ~ ~ t ~ ~ ~~.,. ~ nd a ~ ~ s ~ . - I_ - = ~Plnk and Red bRv l - 11 f J III 11-l I I I veer Elm T Plankd 3n __ -~ Bo~~i~araaA~L~ar~ ~~ os m i - I i- - qa ,~_ i I I`IIII _ ~_ I~~1~~ ~ B ~ inl~Bvul Ids-.~- ~I '. { \ ,i Rouvdvho Plan ~, ' ~ 1. _ it '. ~ t 1. ~,~ Pink andand Acd w~ ; ~ ~,-. ~,~ 1 J ~r~~ - - _:r -~ - ~ , __ w m _ ~ ~ - ~~,~~~ i i _, ~ tl ~'' '~~ J ~ ~~~~ •~ Hoa<y I.«ust . Linden ^ Coloed r naem Pawn ® Tvrf Gnaw ® Shmb Race Hed StmtIightivg ~ _ -- n,hG,aea aodR.~aa KF?NNAIl2ID B®Ud.IEVAAIIDS ~ Q'IY COMMON NAME/BOTANICAL NAML SIZE $00T SPACING DH®UOUS'[RE6.5 152 Honey l.ocuat 2.0" CALI BAcB 30' OC ~a ~; ~ i TOELaiNAIlFII- R®>iTN~A]B®Y71' .~ Q17' COMMON NAME/BOTANICAL NAME SIZH ROOT SPACING DH®UOUS't'BHPS ' 10 Idndm 2.0" CAL'i HdeB Pa plan ~, ~SFLLtUB Rp56 Iindevs m>d ~ wtb i I55 Pivk Aoaea #1 Grade Conc 3' OC ' Pivk crud Rcd Shrub Rwca l56 Red Rveee #1 Grade Coat 3 OC ][~GA~X ID®Ud.EVA]RB2 Q77 COMMON NAME/BOTANICAt NAME S1ZE R007' SPACING 1'~ '~'- ~ D~UOU3IRHPS Colored Concrete Pavcra 37 ~ Elm 2.0"GALE B&B bda-_ iv the Medium AGENDA ITEM K-3 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer SUBJECT: Legacy Parkway Improvements (Kennard to Hazelwood), Project 03-26 - Resolution Approving Purchase Agreements for 3056 Hazelwood and 3062 Hazelwood as part of Right of Way Acquisition DATE: March 15, 2004 Introduction The Legacy Village project includes the extension of Legacy Parkway between Southlawn Drive and Hazelwood Street, intersecting with Kennard Street in the center of the proposed development. On the western edge of the Legacy Village development are five single-family homes that are adjacent and abut Hazelwood Street. Those homeowners have requested to be relocated and their property redeveloped. The southern three homeowners (Kincaid, Peterson and Supan) have entered into purchase contracts with a private development. The northern two properties were not included in that proposal and have been negotiating with the city for the sale of their property. Agreements have been negotiated with each parcel and are ready for approval. Background The Legacy Village of Maplewood development proposed to orient a majority of their site traffic to the center of their project toward a newly constructed north-south street called Kennard Street. On May 12, 2003, the city council approved the AUAR for Legacy Village. The AUAR required the construction of Kennard Street as part of the Legacy Village improvements, and suggested that, due to traffic concerns, the city pursue constructing and connecting Legacy Parkway, an east-west street between Southlawn Drive and Hazelwood Street. The proposed Legacy Parkway extended through the middle two properties (Supan and Gates) of the five parcels and significantly impacted two other properties (Peterson and Gebhard) such that a possible purchase of all properties for redevelopment was considered. The Legacy Village development process included numerous public forums and hearings. A vocal group of residents, representing the five property owners along Hazelwood Street, on the east side of Hazelwood, north of St. John's Hospital, strongly requested mitigation of the proposed development's impact. The city council identified the possibility of redevelopment of these five parcels and directed staff to work negotiate with the five property owners for a possible purchase and relocation agreement. Financial planning for the five properties included inclusion of the property into the tax abatement planning area. This financial plan included funds for the purchase and redevelopment of the five parcels. The southern three homeowners (Kincaid, Peterson and Supan) have entered into purchase contracts with Southwinds Development. A proposal for that property is expected in April 2004. The northern two parcels (Gebhard and Gates) have been negotiating with city staff. Appraisals of the property indicated the range of value for the homes and property. Final negotiations indicated a purchase value of $335,000 for the Gates property and $265,000 for the Gebhard City Council Agenda Background Legacy Parkway Purchase Agreements March 22, 2004 Page Two property. Temporary easements of $25,000 are also included in the purchase to allow adjacent grading to occur prior to the relocation of the residents. Relocation expenses are estimated at $50,000 each as required by statute for a public purchase. Attached are copies of the purchase agreements and lease agreements for the Gebhard and Gates agreements. Approval is recommended. Budget Impact The entire cost of the purchase for all expenses is estimated at $800,000. This entire cost is covered by tax abatement bonds included in the entire abatement process. A portion of the acquired parcels will be replatted into right of way for the Legacy Parkway extension. The remainder of land will be sold to adjacent developers for redevelopment. The funds from this sale will be used for project construction expenses and redevelopment costs. Recommendation It is recommended that the city council adopt the attached resolution that approves the purchase agreements for 3056 Hazelwood Street with Silas and Jacqueline Gates and for 3062 Hazelwood with Daniel and Michele Gebhard and establishes a funding mechanism for the Legacy Parkway Improvement Project, City Project 03-26. Jw Attachment: Resolution Purchase and Lease Agreements for 3056 Hazelwood and 3062 Hazelwood RESOLUTION APPROVING PURCHASE AND LEASE AGREEMENTS for 3056 HAZELWOOD AND 3062 HAZELWOOD and ESTABLISHING A FUNDING MECHANISM WHEREAS, a resolution of the city council adopted the 22nd day of March 2004, ordered the proposed street improvements for Legacy Parkway (Hazelwood to Kennard), City Project 03- 26; AND WHEREAS, pursuant to resolution passed by the city council on May 12, 2003, approving the AUAR for the Legacy Village Development identified the possible acquisition and relocation of properties adjacent and abutting Hazelwood Street on the western edge of the Legacy Village Development, AND WHEREAS, this city council directed the city engineer to negotiate purchase agreements with said properties adjacent to Hazelwood Street, AND WHEREAS, the city engineer has presented a purchase agreement with Silas and Jacqueline Gates for the purchase of 3056 Hazelwood Street in the amount of $335,000 plus additional expenses for easements and relocation, AND WHEREAS, the city engineer has presented a purchase agreement with Daniel and Michele Gebhard for the purchase of 3062 Hazelwood Street in the amount of $265,000 plus additional expenses for easements and relocation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The purchase agreement with Silas and Jacqueline Gates for the purchase of 3056 Hazelwood Street in the amount of $335,000 plus additional expenses for easements and relocation, a copy of which is attached hereto and made a part hereof, is hereby approved. 2. The purchase agreement with Daniel and Michele Gebhard for the purchase of 3062 Hazelwood Street in the amount of $265,000 plus additional expenses for easements and relocation, a copy of which is attached hereto and made of part hereof, is hereby approved. 3. The finance director is hereby authorized to establish a budget of $800,000 for the purpose of purchasing said properties with proceeds from the tax abatement bonds that will be supported by the development of the Legacy Village development and the redevelopment of said parcels. Approved this 22nd day of March 2004. PURCHASE AGREEMENT THIS AGREEMENT is made on this day of March, 2004, by the CITY OF MAPLEWOOD, a Minnesota municipal corporation ("Buyer") and SILAS M. GATES and JACQUELINE J. GATES ("Sellers"). A. Sellers are the owners of the property, known as 3056 Hazelwood Street, Maplewood, Minnesota, legally described in attached Exhibit A. B. Sellers desire to sell the property to Buyer and Buyer desires to buy the property on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receiving adequacy of which are hereby acknowledged, Sellers and Buyer agree as follows: Sale and Purchase. Subject to the terms and conditions herein set forth, Sellers hereby sell to Buyer and Buyer hereby purchases that real property located in the City of Maplewood, County of Ramsey, State of Minnesota, as more particularly described in Exhibit A attached hereto, together with the right, title and interest of Sellers in and to any overlaps or gaps between the respective parcels ofreal property described in Exhibit A; any overlaps with or gaps between (i) the parcels of real property described in Exhibit A and (ii) the parcels ofreal property adjacent thereto; any easements appurtenant thereto, and all improvements located thereon (or on such easements), including but not limited to all land lying in the bed of any street, road or avenue, open or proposed, in front of or adjoining such subject property to the center lines thereof and in and to any unpaid award for taking by condemnation or any damage to the land by reason of any taking in respect of any such street, road or avenue and any unpaid award for any condemnation or any damage to the land by reason of a change in the grade of any such street, road or avenue (all of the foregoing being hereinafter referred to as the "Subject Property"). On the date of Closing, all of the Subject Property sold to Buyer hereunder shall be conveyed to Buyer free and clear of all liabilities, liens, encroachments, encumbrances, assessments, easements, obligations, charges and options of any kind whatsoever, unless otherwise consented to by Buyer. 2. Purchase Price. Subject to the performance by Sellers on all of their obligations hereunder and satisfaction or waiver by Buyer of all contingencies set forth in subsequent paragraphs hereof, Buyer shall pay Sellers the sum of $335,000.00 for Buyer's purchase of the Subject Property from Sellers, payable as follows: a. A payment of $500.00 earnest money on or before April 15, 2004, the date of Closing ("Closing"). Said earnest money shall be held in escrow by Kelly & Fawcett, P.A. Said earnest money shall be returned by Kelly & Fawcett, P.A. to Buyer if Sellers do not execute or return this Purchase Agreement to Buyer within five (5) days after the date for above- written and as otherwise set forth herein. Unless refunded to the Buyers as provided, the escrow money shall be delivered to the Sellers at Closing. All accrued interest on the earnest money and any additional earnest money paid pursuant to agreements hereof shall be for the benefit of the party entitled to the earnest money and any such additional earnest money, whether or not the Closing occurs hereunder. b. In addition to the Purchase Price of $335,000, the Buyer shall pay the sum of $25,000 to Seller at the time of Closing in exchange for Buyer granting and executing a temporary easement over the subject premises for grading rights to the eastern 100 feet of saidparcel. 3. Closing Date. The Closing of this purchase and sale shall take place at Maplewood City Hall at 1:00 p.m. on April 15, 2004, unless extended pursuant to agreement of the parties. Buyer shall be responsible for all closing costs. 4. Documents to be Delivered. a. To the extent not heretofore delivered to Buyer, within ten (10) days after the date hereof, Sellers shall deliver to Buyer copies of all soil tests and reports, engineering studies and reports, environmental tests and reports, surveys, plats, topographical information, utility service information, correspondence with utility companies, highway departments, transportation officials and town, county or state governmental entities, contracts and agreements affecting the Subject Property, to the extent such documents are in their possession or control; b. If Buyer has performed all of its obligations hereunder to the date of Closing, the Sellers shall, on the date of Closing, execute, where necessary, and deliver to Buyer the following: i. Warranty Deeds from Sellers to Buyer free and clear of all liabilities, liens, leases, encroachments, encumbrances, assessments, obligations, charges and options of any kind whatsoever; ii. Uniform Sellers' Affidavits from Sellers indicating that on the date of Closing there are no outstanding, unsatisfied judgments, tax liens, or bankruptcies against or involving Sellers and that there has been no skill, labor or materials furnished to the Subject Property for which mechanic's liens could be filed; there are no other unrecorded interests in the Subj ect Property of any kind, including but not limited to, any leasehold interests in the Subject Property; iii. All other documents to be executed by Sellers affecting title to and/or possession of the Subject Property and necessary or convenient to transfer the same to Buyer under Minnesota law or practice, free and clear of all liens, charges and encumbrances; iv. Buyer shall pay the state deed tax and conservation taxes payable upon recording the above deeds. Sellers are responsible for all outstanding and payment in full of assessments levied and pending, with the exception of the Hazelwood Street assessments, to be levied in October of 2004, which is the responsibility of the Buyer. Buyer is responsible for recording fees on any documents; v. Execute and deliver to Buyer and Buyer's title insurer, if any, an appropriate Minnesota Uniform Conveyance Form Affidavit (Form 116-M, 117-M or 188-MO evidencing the absence of bankruptcies, judgments, or tax liens involving parties with the same or similar names as the Sellers and evidencing the absence of mechanic's lien rights affecting the Subject Property, unrecorded interests affecting the Subject Property, persons in possession of the Subject Property andlrnown encroachments or boundary line questions affecting the Subject Property; vi. Execute and deliver to Buyer anon-foreign affidavit in recordable form containing such information as is required under Internal Revenue Code Section 1445(b)(2) and any regulations relating thereto; vii. Execute and deliver to the Closing agent, with a copy to Buyer, a completed Minnesota Department of Health Well Disclosure Certificate or include on the deed "The Sellers certify that they do not know of any wells on the described real property" or the statement "We are familiar with the property described in this instrument and we certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate;" followed by Sellers' signatures. If there are wells on the Subject Property, the Buyer is responsible for capping and/or satisfying closure of the wells on the Subject Property as required by State law; viii. Sellers shall furnish an updated abstract of the Subject Property, at the Sellers' expense, to the Buyer's title company; and ix Buyer shall complete a certified survey of the Subject Property, on or before April 5, 2004, at its own expense. 5. Title Examination. Immediately after the execution hereof by Buyer, Buyer shall ordercommitment for an ALTA owner's policy of title insurance with extended coverage (Form B-1970) from a title company selected by Buyer in an amount of the purchase price, committing to insure that Buyer will have good and marketable title to the Subject Property on the date of Closing free and clear of any liens and exceptions to title except for permitted encumbrances and without any exceptions for liens of labor or materials, rights of parties in possession, easements or claims of easements now shown by public records, and taxes and special assessments which are not shown as existing liens by pubic records. Buyer may require the title company to include such affirmative coverage, including access, contiguity, subdivision compliance and zoning endorsements, as Buyer may, in its sole discretion, require, and Sellers agree to cooperate with Buyer in obtaining such writings as may reasonably and customarily be required by title company as a condition to its issuing such endorsements. Buyer shall be responsible for any premiums or charges by title for the insurance of a title policy and all endorsements. Title to the Subject Property shall be subject to Buyer's approval and all objections to the status of title shall be delivered to Sellers in writing before March 31, 2004. Sellers shall correct all such objections before April 9, 2004 to Buyer's satisfaction, it being understood that marketable fee title (subject to the permitted encumbrances) and not insurable title to the Subject Property is to be conveyed by Sellers to Buyer. If title to the Subject Property is not marketable and is not made so by Sellers before Apri19, 2004 from receipt of Buyer's objections thereto, Buyer may void this Purchase Agreement. Notwithstanding the foregoing to the contrary, Sellers further agree to use all reasonable efforts and to expend sums as maybe reasonably necessary to make said title marketable in the event a defect other than the permitted encumbrances is disclosed. Pending correction of title the date of Closing hereunder required shall be postponed, but upon correction of title and within ten (10) days after written notice to Buyer, the Buyer and Sellers shall perform this Purchase Agreement according to its terms. In addition, Buyer's obligations shall be contingent upon receipt at Closing of an endorsement to the commitment or a marked copy of the commitment signed by the Closing officer of the title company (a) changing the effective date thereof to the date of Closing, (b) affirmatively insuring against changes in the status of the title from the effective date to the date of recording the deed, (c) deleting all standard exceptions to the policy, (d) affirmatively insuring the matters requested by Buyer as contemplated above, and (e) reflecting Buyer as the fee owner of the Subject Property and without any other change. Taxes. Real estate taxes due and payable in connection with the Subject Property for all prior years shall be paid by Sellers. Real estate taxes, excluding penalties and plus interest, if any, due and payable in the year in which Closing date occurs (the "Year of Closing") shall be prorated as of the date of Closing. All unpaid special assessments (including but not limited to, the amount payable with taxes payable in the Year of Closing, and similar governmental charges for the installation or maintenance of roads, utilities and other public improvements against the Subj ect Property) for all public improvements which have been levied as of the date of Closing will be paid by Sellers on the date of Closing, or if the exact amount thereof shall not be known on the date of Closing, an amount mutually estimated by Buyer and Sellers to pay the same shall be deposited into escrow on the date of Closing. Any amount in such escrow which is in excess of the such assessments when determined and paid shall be delivered to Sellers within five (5) days following such determination and payment and Sellers' demand therefor. Listed below are the special assessments that are still outstanding on the property, including but not limited to the following: It is the Buyer and Sellers' understanding that there are no deferred or pending assessments, or notice of future pending assessments. Buyer shall be responsible for any assessments levied on the Subject Property after the date of Closing, including the proposed Hazelwood Street Assessments to be levied in October of 2004. Representations and Warranties by Sellers. Sellers represent and warrant to Buyer that: a. Sellers have all requisite power and authority to execute this Purchase Agreement and the Closing documents previously listed hereof, and the officers of the Sellers who did or will execute the same for an on behalf of the Sellers have the power and the authority to do so and to bind the Sellers. b. To the best of the knowledge of the Sellers, after due investigation, the conveyance of the Subject Property pursuant thereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement applicable to the Subject Property or to the Sellers. c. Sellers have not used the Subject Property and, to the best of Sellers' knowledge, the Subject Property have never been used for the production, storage, deposit or disposal of toxic, dangerous or hazardous substance pollutants, wastes or contaminations, including but not limited to nuclear fuel or wastes or wastes that are considered hazardous by law and regulations, and to the best of Sellers' knowledge and belief, no such substances, pollutants, wastes or contaminants exist on the Subject Property. To the best of Sellers' knowledge and belief, there are no underground storage tanks on or under the Subj ect Property. Sellers agree to cooperate fully with the Buyer's Phase I Environmental Site Assessment on the Subject Property, which includes, but is not limited to allowing Buyer and Buyer's agents and employees on the Subject Property in order to perform testing operations. d. Sellers have and will have, on the date of Closing, good and marketable title be in fee simple to the Subject Property free and clear of all liabilities, liens, leases, encumbrances, assessments, obligations, charges and options of any kind whatsoever, except for such matters, if any, to which Buyer, at its option, may consent to in writing, and except for permitted encumbrances. e. To the best of the knowledge of the Sellers after due investigation, there exists no judgment, lien, suit, action or legal, administrative, arbitration or other proceeding, or any change in the zoning or building ordinances affecting the Subject Property pending or, to the best of Sellers' knowledge and belief, threatened against Sellers which could result in a judgment or lien against Sellers or could result in a re-zoning or taking of the Subject Property; there exists no other basis for any assertion against Sellers which would interfere with or prevent the transactions contemplated hereby. f. Sellers hereby agree that the truthfulness of each of the foregoing representations and warranties and of all other representations and warranties herein made is a condition precedent to the performance by Buyer of its obligations hereunder. The representations contained herein shall survive Closing hereunder. The other representations shall survive only to the extent that the matter represented is to constitute a lien or charge against the Subject Property. Upon the material breach of any thereof, Buyer may declare this Purchase Agreement to be null and void, or Buyer may elect to close this sale without waiving any right of action by reason of such breach. In the event Buyer elects to declare this Agreement null and void pursuant to this paragraph, all earnest money, additional earnest money paid and accrued interest thereon shall be refunded to Buyer. Representations and Warranties by Buyer. Buyer represents and warrants to Sellers that: a. Buyer has all requisite power and authority to execute and perform this Purchase Agreement, and the officers of Buyer who did or will execute the same for and on behalf of Buyer have the power and authority to do so and to bind Buyer. b. Buyer will execute reasonably and exercise due diligence in the performance of the acts permitted or required under this Purchase Agreement. Eminent Domain. If, prior to Closing, the Subject Property or any part thereof shall be taken by eminent domain or if proceedings therefor are commenced or threatened, this Purchase Agreement shall become null and void, at Buyer's option. If Buyer elects to proceed and to consummate the purchase despite such condemnation, there shall be no reduction in or abatement of the purchase price, and Sellers shall assign to the Buyer the Sellers' right, title and interest in and to all condemnation awards resulting or to result from such condemnation. 10. Termination. If Sellers shall fail to perform their obligations hereunder or shall otherwise breach this Purchase Agreement, or if any representation or warranty of Sellers set forth in this Agreement hereof shall not be true and accurate as of the date stated and as of the date of Closing, Buyer shall have the option to do one or more of the following: (a) terminate this Purchase Agreement by written notice to Sellers, (b) proceed to Closing, (c) in the case of Sellers' failure to cure objections to title, as requiredin this Agreement, proceed to Closing and deduct the reasonable cost of Buyer's curing such objections from the purchase price; or (d) pursue such other actions or remedies as are available to it including its right to damages against Sellers for their failure to perform or for such breach or misrepresentation or the right to specific performance of this Purchase Agreement. Upon the receipt ofwritten notice terminating this Purchase Agreement, the escrow agent shall refund to Buyer the earnest money, and the accrued interest thereon. Upon refund of the earnest money, this Purchase Agreement shall automatically terminate and be of no further force and effect and all liability of the parties hereto to each other shall be discharged. If Buyer shall default in the performance of any of its obligations hereunder, then Sellers' sole remedy shall be to terminate this Purchase Agreement and retain the earnest money and additional earnest money, if any, as and for its liquidated damages for said default and not as a penalty or forfeiture, but Buyer shall be entitled to receive the accrued interest thereon. 11. Miscellaneous. a. Notices. Any notice or other communication which must or may be given under the terms of this Purchase Agreement must be in writing, and shall be given by personal service or dispatched by certified mail, return receipt requested, postage prepaid, to the addresses shown below, or such other address of which notice is provided in accordance with the terms of this Paragraph 11: i. If to Buyer: Chuck Ahl Director of Public Works City of Maplewood 1830 East County Road B Maplewood, MN 55109 With a copy to: Patrick J. Kelly, Esq. Kelly & Fawcett, P.A. 2350 Piper Jaffray Plaza 444 Cedar Street St. Paul, MN 55101 ii. If to Sellers: Silas M. Gates Jacqueline J. Gates 3056 Hazelwood Street Maplewood, MN 55109 iii. Properly addressed written notice delivered personally, by messenger or courier service, with fees prepaid, by facsimile shall be deemed given on the date of receipt by addressee. iv. Properly addressed written notice delivered by certified mail, return receipt requested, with postage prepaid, shall be deemed given on the date which falls seven business days after its deposit in the United States mail. b. Interpretation. This Purchase Agreement constitutes the entire understanding between the parties. It may be amended or modified only in a writing signed by Sellers and Buyer. This Purchase Agreement will be governed by and construed in accordance with the laws of the State of Minnesota. c. Assi nm~ents. Except for the assignment by Buyer to an affiliated partnership or corporation, the parties agree that Buyer may not assign its rights and interests in this Purchase Agreement without the prior written consent from Sellers, which consent shall not be unreasonably withheld, but which consent shall be conditioned upon Sellers' receipt of financial information evidencing the proposed assignee's ability to complete the purchase contemplated hereby. d. Time. Time shall be of the essence hereof. e. Public Announcement. Sellers agree that they will not make a public announcement ofthis transaction contemplated hereby or the terms hereof prior to Closing without the prior written consent of the Buyer. 12. Relocation. Buyer agrees to pay Sellers for their reasonable relocation expenses to be used for Sellers' moving costs and related expenses as defined by the Uniform Relocation Act. 49 C.F.R. Part 24. Buyer agrees to appoint a relocation advisor to assist the Sellers in their relocation from the Subject Property. Buyer shall be responsible for the costs of this relocation advisor. Relocation benefits to Sellers shall be negotiated through the relocation advisor accordingly. 13. Contin en~cies. Buyer's obligation under this Agreement shall be conditioned, for the sole benefit of the Buyer, upon the following: a. Contingent upon review and approval by the City Attorney Buyer. b. Contingent upon review and approval by the City Council; c. Contingent upon a survey that is that is satisfactory to the Buyer; and d. Contingent upon the completion of a Phase I Environmental Assessment at the expense of Buyer that is satisfactory to the Buyer. If these contingencies are not satisfied, then this Agreement may be declared null and void by IN WITNESS WHEREOF, the parties hereto have executed this Purchase Agreement. Sellers: By Buyer: CITY OF MAPLEWOOD, a Minnesota municipal corporation By Silas M. Gates Date Robert Cardinal Date By Jacqueline J. Gates Date Its: Mayor By Richard Fursman Date Its: City Manager 11 PURCHASE AGREEMENT THIS AGREEMENT is made on this day of March, 2004, by the CITY OF MAPLEWOOD, a Minnesota municipal corporation ("Buyer") and DANIEL C. GEBHARD and MICKELLE UHLENBRAUCK ("Sellers"). A. Sellers are the owners of the property, known as 3062 Hazelwood Street, Maplewood, Minnesota, legally described in attached Exhibit A. B. Sellers desire to sell the property to Buyer and Buyer desires to buy the property on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receiving adequacy of which are hereby acknowledged, Sellers and Buyer agree as follows: Sale and Purchase. Subject to the terms and conditions herein set forth, Sellers hereby sell to Buyer and Buyer hereby purchases that real property located in the City of Maplewood, County of Ramsey, State of Minnesota, as more particularly described in Exhibit A attached hereto, together with the right, title and interest of Sellers in and to any overlaps or gaps between the respective parcels of real property described in Exhibit A; any overlaps with or gaps between (i) the parcels of real property described in Exhibit A and (ii) the parcels of real property adjacent thereto; any easements appurtenant thereto, and all improvements located thereon (or on such easements), including but not limited to all land lying in the bed of any street, road or avenue, open or proposed, in front of or adjoining such subject property to the center lines thereof and in and to any unpaid award for taking by condemnation or any damage to the land by reason of any taking in respect of any such street, road or avenue and any unpaid award for any condemnation or any damage to the land by reason of a change in the grade of any such street, road or avenue (all of the foregoing being hereinafter referred to as the "Subject Property"). On the date of Closing, all of the Subject Property sold to Buyer hereunder shall be conveyed to Buyer free and clear of all liabilities, liens, encroachments, encumbrances, assessments, easements, obligations, charges and options of any kind whatsoever, unless otherwise consented to by Buyer. 2. Purchase Price. Subject to the performance by Sellers on all of their obligations hereunder and satisfaction or waiver by Buyer of all contingencies set forth in subsequent paragraphs hereof, Buyer shall pay Sellers the sum of $265,000.00 for Buyer's purchase of the Subject Property from Sellers, payable as follows: a. A payment of $500.00 earnest money on or before Apri130, 2004, the date of Closing ("Closing"). Said earnest money shall be held in escrow by Kelly & Fawcett, P.A. Said earnest money shall be returned by Kelly & Fawcett, P.A. to Buyer if Sellers do not execute or return this Purchase Agreement to Buyer within five (5) days after the date for above-written and as otherwise set forth herein. Unless refunded to the Buyers as provided, the escrow money shall be delivered to the Sellers at Closing. All accrued interest on the earnest money and any additional earnest money paid pursuant to agreements hereof shall be for the benefit of the party entitled to the earnest money and any such additional earnest money, whether or not the Closing occurs hereunder. 12 3. Closing Date. The Closing of this purchase and sale shall take place at Maplewood City Hall at 1:00 p.m. on April 30, 2004, unless extended pursuant to agreement of the parties. Buyer shall be responsible for all closing costs. Documents to be Delivered. a. To the extent not heretofore delivered to Buyer, within ten (10) days after the date hereof, Sellers shall deliver to Buyer copies of all soil tests and reports, engineering studies and reports, environmental tests and reports, surveys, plats, topographical information, utility service information, correspondence with utility companies, highway departments, transportation officials and town, county or state governmental entities, contracts and agreements affecting the Subject Property, to the extent such documents are in their possession or control; b. If Buyer has performed all of its obligations hereunder to the date of Closing, the Sellers shall, on the date of Closing, execute, where necessary, and deliver to Buyer the following: Warranty Deeds from Sellers to Buyer free and clear of all liabilities, liens, leases, encroachments, encumbrances, assessments, obligations, charges and options of any kind whatsoever; ii. Uniform Sellers' Affidavits from Sellers indicating that on the date of Closing there are no outstanding, unsatisfied judgments, tax liens, or bankruptcies against or involving Sellers and that there has been no skill, labor or materials furnishedto the Subject Property for which mechanic's liens couldbe filed; there are no other unrecorded interests in the Subj ect Property of any kind, including but not limited to, any leasehold interests in the Subject Property; iii. All other documents to be executed by Sellers affecting title to and/or possession of the Subject Property and necessary or convenient to transfer the same to Buyer under Minnesota law or practice, free and clear of all liens, charges and encumbrances; iv. Buyer shall pay the state deed tax and conservation taxes payable upon recording the above deeds. Sellers are responsible for all outstanding and payment in full of assessments levied and pending, with the exception of the Hazelwood Street assessments, to be levied in October of 2004, which is the responsibility of the Buyer. Buyer is responsible for recording fees on any documents; v. Execute and deliver to Buyer and Buyer's title insurer, if any, an appropriate Minnesota Uniform Conveyance Form Affidavit (Form 116-M,117-M or 188-MO evidencing the absence of bankruptcies, judgments, or tax liens involving parties with the same or similar names as the Sellers and evidencing the absence of mechanic's lien rights affecting the Subject Property, unrecorded interests affecting the Subject Property, persons in possession of the Subject Property and known encroachments or boundary line questions affecting the Subject Property; vi. Execute and deliver to Buyer anon-foreign affidavit in recordable form containing such information as is required under Internal Revenue Code Section 1445(b)(2) and any regulations relating thereto; 13 vii. Execute and deliver to the Closing agent, with a copy to Buyer, a completed Minnesota Department of Health Well Disclosure Certificate or include on the deed "The Sellers certify that they do not know of any wells on the described real property" or the statement "We are familiar with the property described in this instrument and we certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate;" followed by Sellers' signatures. If there are wells on the Subject Property, the Buyer is responsible for capping and/or satisfying closure ofthewells on the Subject Property as required by State law; viii. Sellers shall furnish an updated abstract of the Subject Property, at the Sellers' expense, to the Buyer's title company; and ix Buyer shall complete a certified survey of the Subject Property, on or before April 15, 2004, at its own expense. Title Examination. Immediately after the execution hereof by Buyer, Buyer shall order a commitment for an ALTA owner's policy of title insurance with extended coverage (Form B-1970) from a title company selected by Buyer in an amount of the purchase price, committing to insure that Buyer will have good and marketable title to the Subject Property on the date of Closing free and clear of any liens and exceptions to title except for permitted encumbrances and without any exceptions for liens of labor or materials, rights of parties in possession, easements or claims of easements now shown by public records, and taxes and special assessments which are not shown as existing liens by pubic records. Buyer may require the title company to include such affirmative coverage, including access, contiguity, subdivision compliance and zoning endorsements, as Buyer may, in its sole discretion, require, and Sellers agree to cooperate with Buyer in obtaining such writings as may reasonably and customarily be required by title company as a condition to its issuing such endorsements. Buyer shall be responsible for any premiums or charges by title for the insurance of a title policy and all endorsements. Title to the Subject Property shall be subject to Buyer's approval and all objections to the status of title shall be delivered to Sellers in writing before April 20, 2004. Sellers shall correct all such objections before April 26, 2004 to Buyer's satisfaction, it being understood that marketable fee title (subject to the permitted encumbrances) and not insurable title to the Subject Property is to be conveyed by Sellers to Buyer. If title to the Subject Property is not marketable and is not made so by Sellers before Apri126, 2004 from receipt of Buyer's objections thereto, Buyer may void this Purchase Agreement. Notwithstanding the foregoing to the contrary, Sellers further agree to use all reasonable efforts and to expend sums as maybe reasonably necessary to make said title marketable in the event a defect other than the permitted encumbrances is disclosed. Pending correction of title the date of Closing hereunder required shall be postponed, but upon correction of title and within ten (10) days after written notice to Buyer, the Buyer and Sellers shall perform this Purchase Agreement according to its terms. In addition, Buyer's obligations shall be contingent upon receipt at Closing of an endorsement to the commitment or a marked copy of the commitment signed by the Closing officer of the title company (a) changing the effective date thereof to the date of Closing, (b) affirmatively insuring against changes in the status of the title from the effective date to the date of recording the deed, (c) deleting all standard 14 exceptions to the policy, (d) affirmatively insuring the matters requested by Buyer as contemplated above, and (e) reflecting Buyer as the fee owner of the Subject Property and without any other change. Taxes. Real estate taxes due and payable in connection with the Subject Property for all prior years shall be paid by Sellers. Real estate taxes, excluding penalties and plus interest, if any, due and payable in the year in which Closing date occurs (the "Year of Closing") shall be prorated as of the date of Closing. All unpaid special assessments (including but not limited to, the amount payable with taxes payable in the Year of Closing, and similar governmental charges for the installation or maintenance of roads, utilities and other public improvements against the Subj ect Property) for all public improvements which have been levied as of the date of Closing will be paid by Sellers on the date of Closing, or if the exact amount thereof shall not be known on the date of Closing, an amount mutually estimated by Buyer and Sellers to pay the same shall be deposited into escrow on the date of Closing. Any amount in such escrow which is in excess of the such assessments when determined and paid shall be delivered to Sellers within five (5) days following such determination and payment and Sellers' demand therefor. Listed below are the special assessments that are still outstanding on the property, including but not limited to the following: It is the Buyer and Sellers' understanding that there are no deferred or pending assessments, or notice of future pending assessments. Buyer shall be responsible for any assessments levied on the Subject Property after the date of Closing, including the proposed Hazelwood Street Assessments to be levied in October of 2004. Representations and Warranties by Sellers. Sellers represent and warrant to Buyer that: a. Sellers have all requisite power and authority to execute this Purchase Agreement and the Closing documents previously listed hereof, and the officers of the Sellers who did or will execute the same for an on behalf of the Sellers have the power and the authority to do so and to bind the Sellers. b. To the best of the knowledge of the Sellers, after due investigation, the conveyance of the Subject Property pursuant thereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement applicable to the Subject Property or to the Sellers. c. Sellers have not used the Subject Property and, to the best of Sellers' knowledge, the Subject Property have never been used for the production, storage, deposit or disposal of toxic, dangerous or hazardous substance pollutants, wastes or contaminations, including but not limited to nuclear fuel or wastes or wastes that are considered hazardous by law and regulations, and to the best of Sellers' knowledge and belief, no such substances, pollutants, wastes or contaminants exist on the Subject Property. To the best of Sellers' knowledge and belief, there are no underground storage tanks on or under the Subj ect Property. Sellers agree to cooperate fully with the Buyer's Phase I Environmental Site Assessment on the Subject Property, which includes, but is not limited to allowing Buyer and Buyer's agents and employees on the Subject Property in order to perform testing operations. d. Sellers have and will have, on the date of Closing, good and marketable title be in fee 15 simple to the Subject Property free and clear of all liabilities, liens, leases, encumbrances, assessments, obligations, charges and options of any kind whatsoever, except for such matters, if any, to which Buyer, at its option, may consent to in writing, and except for permitted encumbrances. e. To the best of the knowledge of the Sellers after due investigation, there exists no judgment, lien, suit, action or legal, administrative, arbitration or otherproceeding, or any change in the zoning or building ordinances affecting the Subject Property pending or, to the best of Sellers' knowledge andbelief, threatened against Sellers which couldresult in a judgment or lien against Sellers or could result in a re-zoning or taking of the Subject Property; there exists no other basis for any assertion against Sellers which would interfere with or prevent the transactions contemplated hereby. Sellers hereby agree that the truthfulness of each of the foregoing representations and warranties and of all other representations and warranties herein made is a condition precedent to the performance by Buyer of its obligations hereunder. The representations contained herein shall survive Closing hereunder. The other representations shall survive only to the extent that the matter represented is to constitute a lien or charge against the Subject Property. Upon the material breach of any thereof, Buyer may declare this Purchase Agreement to be null and void, or Buyer may elect to close this sale without waiving any right of action by reason of such breach. In the event Buyer elects to declare this Agreement null and void pursuant to this paragraph, all earnest money, additional earnest money paid and accrued interest thereon shall be refunded to Buyer. Representations and Warranties by Buyer. Buyer represents and warrants to Sellers that: a. Buyer has all requisite power and authority to execute and perform this Purchase Agreement, and the officers of Buyer who did or will execute the same for and on behalf of Buyer have the power and authority to do so and to bind Buyer. b. Buyer will execute reasonably and exercise due diligence in the performance of the acts permitted or required under this Purchase Agreement. Eminent Domain. If, prior to Closing, the Subject Property or any part thereof shall be taken by eminent domain or if proceedings therefor are commenced or threatened, this Purchase Agreement shall become null and void, at Buyer's option. If Buyer elects to proceed and to consummate the purchase despite such condemnation, there shall be no reduction in or abatement of the purchase price, and Sellers shall assign to the Buyer the Sellers' right, title and interest in and to all condemnation awards resulting or to result from such condemnation. 10. Termination. If Sellers shall fail to perform their obligations hereunder or shall otherwise breach this Purchase Agreement, or if any representation or warranty of Sellers set forth in this Agreement hereof shall not be true and accurate as of the date stated and as of the date of Closing, Buyer shall have the option to do one or more of the following: (a) terminate this Purchase Agreement by written notice to Sellers, (b) proceed to Closing, (c) in the case of Sellers' failure to cure objections to title, as requiredin this Agreement, proceed to Closing and deduct the reasonable cost of Buyer's curing such objections from the purchase price; or (d) pursue such other actions or remedies as are available to it including its right to damages against Sellers for their failure to perform or for such breach or misrepresentation or the right to specific performance of this Purchase Agreement. Upon the receipt ofwritten notice terminating this Purchase Agreement, the escrow agent shall refund to Buyer the earnest money, and the accrued 16 interest thereon. Upon refund of the earnest money, this Purchase Agreement shall automatically terminate and be of no further force and effect and all liability of the parties hereto to each other shall be discharged. If Buyer shall default in the performance of any of its obligations hereunder, then Sellers' sole remedy shall be to terminate this Purchase Agreement and retain the earnest money and additional earnest money, if any, as and for its liquidated damages for said default and not as a penalty or forfeiture, but Buyer shall be entitled to receive the accrued interest thereon. 11. Miscellaneous. a. Notices. Any notice or other communication which must or may be given under the terms of this Purchase Agreement must be in writing, and shall be given by personal service or dispatched by certified mail, return receipt requested, postage prepaid, to the addresses shown below, or such other address of which notice is provided in accordance with the terms of this Paragraph 11: If to Buyer: Chuck Ahl Director of Public Works City of Maplewood 1830 East County Road B Maplewood, MN 55109 With a copy to: Patrick J. Kelly, Esq. Kelly & Fawcett, P.A. 2350 U.S. Bancorp Piper Jaffray Plaza 444 Cedar Street St. Paul, MN 55101 ii. If to Sellers: Daniel C. Gebhard Mickelle Uhlenbrauck 3062 Hazelwood Street Maplewood, MN 55109 iii. Properly addressed written notice delivered personally, by messenger or courier service, with fees prepaid, by facsimile shall be deemed given on the date of receipt by addressee. 17 iv. Properly addressed written notice delivered by certified mail, return receipt requested, with postage prepaid, shall be deemed given on the date which falls seven business days after its deposit in the United States mail. b. Interpretation. This Purchase Agreement constitutes the entire understanding between the parties. It maybe amended or modified only in a writing signed by Sellers and Buyer. This Purchase Agreement will be governed by and construed in accordance with the laws of the State of Minnesota. c. Assi nm~ents. Except for the assignment by Buyer to an affiliated partnership or corporation, the parties agree that Buyer may not assign its rights and interests in this Purchase Agreement without the prior written consent from Sellers, which consent shall not be unreasonably withheld, but which consent shall be conditioned upon Sellers' receipt of financial information evidencing the proposed assignee's ability to complete the purchase contemplated hereby. d. Time. Time shall be of the essence hereof. e. Public Announcement. Sellers agree that they will not make a public announcement of this transaction contemplated hereby or the terms hereof prior to Closing without the prior written consent of the Buyer. 12. Appraisal Fee. Buyer agrees to pay one thousand five hundred dollars ($1,500.00) to Sellers at Closing for their time and investigation into the Subject Property's fair value for determining the purchase price. This payment is in lieu of Buyer reimbursing Sellers for the cost of obtaining an appraisal on the Subject Property. It is Sellers' understanding that the expense of any further appraisals on the Subject Property are their responsibility. 13. Relocation. Buyer agrees to pay Sellers for their reasonable relocation expenses to be used for Sellers' moving costs and related expenses as defined by the Uniform Relocation Act. 49 C.F.R. Part 24. Buyer agrees to appoint a relocation advisor to assist the Sellers in their relocation from the Subject Property. Buyer shall be responsible for the costs of this relocation advisor. Relocation benefits to Sellers shall be negotiated through the relocation advisor accordingly. 14. Contin en~cies. Buyer's obligation under this Agreement shall be conditioned, for the sole benefit of the Buyer, upon the following: a. Contingent upon review and approval by the City Attorney b. Contingent upon review and approval by the City Council; c. Contingent upon a survey that is that is satisfactory to the Buyer; and d. Contingent upon the completion of a Phase I Environmental Assessment at the expense of Buyer that is satisfactory to the Buyer. If these contingencies are not satisfied, then this Agreement may be declared null and void by Buyer. IN WITNESS WHEREOF, the parties hereto have executed this Purchase Agreement. Sellers: By Buyer: CITY OF MAPLEWOOD, a Minnesota municipal corporation By Daniel C. Gebhard Date Robert Cardinal Date By Mickelle Uhlenbrauck Date Its: Mayor Richard Fursman Date By Its: City Manager 19 Agenda K4 MEMORANDUM TO: Richard Fursman, City Manager FROM: Bruce K. Anderson, Director of Parks and Recreation DATE: March 12, 2004 for the March 22, 2004 City Council Meeting SUBJECT: Maplewood Community Center Staffing Change Introduction The Maplewood Community Center opened to the public in October 1994. We'll be celebrating our tenth anniversary this year. The Maplewood Community Center has dramatically changed not only the parks and recreation department, but I would suggest the city. The community center hosts 350,000 to 400,000 visitors on an annual basis and has become a gathering center for city residents. Background Community center manager Tom Eastman resigned his position effective December 7, 2003. Tom served as the manager since the building opened. As with any vacancy, city staff spends a great deal of time analyzing the need for the position and impact on not only the department, but also the city organization as a whole. After evaluating the community center management structure, it was determined that we would advertise the position internally and promote from within and operate with one less staff person. On February 21, 2004, Linda Crosson was appointed community center manager. Linda has worked for the community center for the past ten years in a variety of capacities ranging from aquatics supervisor to recreation program coordinator. Prior to her employment with the city, Linda worked for the St. Cloud YMCA and Dakota Sports and Fitness. The community center currently has five full-time employees, which is less than comparable public community centers. As part of the management restructuring, staff is proposing to add one additional full-time employee, which would be a member service supervisor. Jean Glass has worked for the community center for the past ten years and is currently employed as the membership billing technician 36 hour per week. Staff is proposing to increase Jean's position by four hours to become afull-time position. It is proposed that her salary range would remain the same, but Jean would receive additional benefits including health, dental and life insurance, and increased deferred compensation. Her full-time position would become effective on March 20, 2004. Enclosed is a copy of the proposed job description for the member service supervisor. Jean is an excellent employee and has performed 90 percent of these duties for the past six years. She will assume the additional duties of supervising customer service staff, assist with groups and be a key person in the development of new recreation software for program registration and memberships. Recommendation Staff recommends that the city council approve the change from apart-time position to a full- time position, effective March 20, 2004. kh\staffing.mcc Enclosures 2 POSITION PROFILE Effective Date: Position Title: Department: Accountable to: March 2004 Member Service Supervisor Parks & Recreation Community Center Manager Status: Exempt Approved: Primary Objectives Performs supervisory work overseeing customer service staff at registration counter; manages membership services and performs daily bookkeeping and account reconciliation work; performs related duties as required. Supervision Received Works under the general and technical supervision of the Community Center Manager. Supervision Exercised Provides general and technical supervision to customer service staff. MAJOR AREAS OF ACCOUNTABILITY * 1. Prepares and mails membership renewal notices and processes refunds. * 2. Reconciles daily revenue report, assists with Finance Department audits and acts as liaison with Finance Department on financial transactions. * 3. Performs monthly ACH membership processing and communicates all ACH issues with Finance. * 4. Recruits and hires temporary, seasonal and part time staff in customer service and groups division; monitors operations to ensure a positive and safe environment. * 5. Provides supervision to part time staff including hiring and scheduling staff; assigning, directing and reviewing work; evaluating performance; coaching, training, rewarding and recommending discipline. 6. Oversees group bookings of Community Center facilities. 7. Ensures policies and procedures are followed; recommends revisions or new policies as needed. 3 8. Develops purchasing forms and records for the Community Center and ensures they are completed accurately and on a timely basis; pays Elan credit card invoices. * 9. Assists in ensuring proper cash handling procedures are followed by customer service staff. *10. Oversees operation and maintenance of new registration software; acts as liaison with IT staff. 11. Works with Park and Recreation division on registration procedure. 12. Assists in overseeing admissions staff in absence of Night Community Center Manager. 13. Operates cash register, receives payment for merchandise and makes correct change; reconciles daily cash receipts and deposits. 14. Performs opening and closing of service counters as needed. 15. Answers phones and greets the public, routes calls, answers questions, provides information and takes messages. 16. Performs other duties as needed or assigned. KNOWLEDGE, SKILLS, AND ABILITIES * - Considerable knowledge of Community Center programs, building layout, operations, policies and procedures. * - Considerable knowledge of MCC point-of--sale system, membership billing and related software. * - Considerable knowledge of effective customer service methods. - Working knowledge of basic bookkeeping and account reconciliation. - Working knowledge of supervisory principles and practices. * - Considerable skill in operating the point-of-sale system and reconciling daily transactions. * - Considerable ability to deal effectively with the public and to promote the Community Center as the first point of contact. * - Considerable ability to hear and speak to converse with patrons in person and by phone. * - Considerable ability to operate a telephone and two-way radio. * - Considerable ability to maintain accurate records. * - Working ability to use fine motor skills and manual dexterity to operate apoint-of-sale system and prepare forms and reports. - Working ability to supervise and motivate staff. - Working ability to stock supplies and follow established policies and procedures. - Working ability to regularly bend, stoop, crouch, twist and turn, and occasionally push and pull when cleaning, stocking or waiting on customers. MINIMUM QUALIFICATIONS - Two years customer service or retail experience involving at least moderate public contact and regular operation of a point-of-sale system. Must have one year of bookkeeping experience or have completed two bookkeeping courses at an accredited college or vocational-technical school, or equivalent. * Note: Asterisked items are essential to the job. 4 AGENDA ITEM K-5 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chuck Vermeersch, Civil Engineer I SUBJECT: Hazelwood/County Road C Area Street Improvements, City Project 03-18 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation of Assessment Roll 3. Order Assessment Hearing DATE: March 15, 2004 Introduction Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids. The proposed bid opening for this project is scheduled for 2:00 p.m., Friday, April 16, 2004. Award of bids would be considered by the city council at the April 26, 2004, city council meeting. Following the approval to advertise for bids, the next step in the improvement process is to prepare the assessment roll and order the assessment hearing. Background The project involves the reconstruction of 2.4 miles of residential street with associated water and sanitary sewer repairs and storm sewer construction. The streets will be reconstructed to their existing widths, in their existing locations, with curb and gutter. All streets will be built to a width of 28 feet with the exception of Viking Drive (24-feet), Grandview Avenue (30-feet) and Hazelwood Street (28-feet). The narrower width of Viking Drive is necessary to avoid encroaching on the TH36 right of way. As such, it should be restricted to parking on one side only. Hazelwood Street is a state aid (MSA) route and was designed to MSA standards. At 28-feet wide, no parking should be allowed on Hazelwood Street from Gervais Avenue to TH36. No other parking restrictions are proposed. Only costs related to the street improvements are proposed to be assessed, and are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rate established in the city's pavement management policy. The method of assessment is the same as was outlined in the feasibility study. A completed assessment roll is available in the office of the city engineer. It is recommended that the assessment hearing be scheduled for 7:00 p.m. or later on Monday, April 26, 2004. Recommendation It is recommended that the city council approve the three attached resolutions for the Hazelwood/County Road C Area Street Improvements, City Project 03-18 Approving Plans and Advertising for Bids, Ordering the Preparation of the Assessment Roll, and Ordering the Assessment Hearing. CJV JW Attachments: 1. Location Map 2. Resolution Approving Plans and Advertising for Bids 3. Resolution Ordering Preparation of Assessment Roll 4. Resolution Ordering Assessment Hearing RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on November 10t", 2003, plans and specifications for Hazelwood/County Road C Area Street Improvements, City Project 03-18 have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval and; WHEREAS, the design widths of Viking Drive and Hazelwood Street warrant parking restrictions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The following parking restrictions shall apply to the reconstructed streets: a. Viking Drive from Barclay Street to Germain Street shall be posted as parking on one side (south) only. b. Hazelwood Street from Gervais Avenue to TH36 shall be posted as no parking on both the east and west sides of the street. 3. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 2:00 p.m. on the 16t" day of April, 2004 at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 4. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 26t", 2004. RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for Hazelwood/County Road C Area Street Improvements, City Project 03-18; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. RESOLUTION ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an assessment roll for the Hazelwood/County Road C Area Street Improvements, City Project 03-18, and the said assessment roll is on file in the office of the city engineer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 26t" day of April, 2004 at the city hall at 7:00 p.m. or later to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the clerk and that written or oral objections will be considered. AGENDA REPORT AGENDA ITEM K-6 TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Erin Laberee, Engineer 1 SUBJECT: Kennard Street Improvements (Beam to County Road D), Project 03-04 Resolution for Modification of Exist. Construction Contract, Change Order No. 3 DATE: March 15, 2004 Introduction A contract for construction of Kennard Street between Beam Avenue and County Road D was awarded on September 8, 2003. During construction there are unforeseen changes from the original plans that often are required. The city council will consider approving the attached resolution directing the modification of the existing construction contract, Change Order #3. Background On September 8, 2003, the city council awarded a construction contract to Forest Lake Contracting in the amount of $878,178.63. Change Order No. 1 and 2 were approved by the city council and included costs for the roundabout, parking bays along the Heritage Square development, Lake Links Trail pedestrian tunnel and the extension of the Legacy Parkway Stub. Change Order No. 3 is for $34,249.53. This change order includes the cost to construct a temporary bulkhead for a new box culvert under Kennard St., excavation for a temporary sediment pond, extra excavation on Legacy Parkway and the $25,000 incentive bonus. The incentive bonus was part of the original contract. Forest Lake has met the requirements for the incentive. See the attached memo from SEH. Budget Impact No increase in the project budget is required as these extras still fall within the original approved budget. Recommendation It is recommended that the city council approve the attached resolution for Change Order No. 3 in the amount of $34,249.53 with Forest Lake Contracting for Kennard Street, Project 03-04. CMC Attachments: Resolution Memo from SEH Change Order No. 3 Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03-04, Kennard Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 03-04, Change Order No. 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 No. 3 in the amount of $34,294.53. The revised contract amount is $1,245,680.80. No revisions to the project budget are proposed at this time, as these changes fall within the original project budget. ~~ SEH March 8, 2004 RE: City of Maplewood Kennard Street Improvements SEH No. AMAPLE0304.00 Chris Cavett City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Chris: We are enclosing a copy of Change Order #3 for the Kennard Street project- All of the work on the enclosed summary has been completed and will be added to the next application for payment upon approval. The work included on this change order includes the cost to construct a temporary bulkhead to the east end of the new box culvert under Kennard Street, the $25,000 incentive bonus, the excavation of the temporary sediment pond on Legacy Parkway, and extra excavation on Legacy Parkway. The bulkhead was added to the box culvert last fall as a safety measure to prevent soil erosion and any liability issues that could have resulted with the end of the culvert left open. The bulkhead will be removed this spring when the trail gets constructed. The incentive bonus was part of the original contract. Forest Lake met the requirements for the incentive and should be compensated for this. The pond excavation was completed last fall as per plan. The quantities for the pond were left out of the original contract so they need to be added in here. The other two extra excavations on Legacy Parkway are for removing poor soils found during construction and for excavation needed to extend the new utilities on the east end of Legacy to a point where they can be tied into in the future without undermining the new storm sewer crossing. Please call me if you wish to discuss or need any further information on these items Sincerely, ~~-~ Steve Heth, PE Project Manager avm Attachments n~~ko4mpleN3040Uwo.a~m ro? «,s~ exrlana[hnv.d~x Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, Sc. Paul, MN 55110-5196 SEH is an equal opportunity employer ~ wwwsehinc.com 651.490.2000 ~ 600.325.2055 651.490,2150 fax CHANGE aRDER SEH City of Maplewood March 5, 2004 OWNER DATE 03-04 3 OWNER'S PROJECT NO. Kennard Street Improvements __ PROJECT NAME The following changes shall be made to the contract documents: Description: See attached item schedule. CHANGE ORDER NO. A-MAPLE0304.00 SEH F11E NO- Purpose of Chanxe Order: To compensate the contractor in full for all labor and materials required to complete the work. Basis of Cost: ® Actual ^ Estimated Attachments (list supporting documents} None Contract Status Time Original Contract Net Change Prior Change Orders (Nos. 1 to 2) N/A Net Change this Change Order (No. 3) N/A Revised Contract N/A Recommended for Approval: Short Elliott Hendrickson Inc. - By: Steven F. Heth, PE Agreed to by Contractor: Fore a Contracton Inc. . By Title Distribution: Contractor 1 -Owner 1 -Project Ropresontaiive 1 -SEH Office 1 Approved for Owner City of Maplewood Cost $939,744.80 $271,386.47 $34,249.53 $1,245,380.80 Engineering Division Date City Administrator Dafe Mayor Date ', Short Elliott Hendrickson Inc., 3536 Vadnais Center Drive, St. Paul, MN 55110-5198 SEH is an equal oppo~iunity employer ~ www.sehinccom 1651.490.2000 ~ 800.325.2055 1661.490.2150 fax Change Order Detail Owner: City of Maplewood Change Order No: 3 Project: Kennard Street Improvements ~~ Owner Project No: 03.04 SEH No: A-MAPLE0304.00 Date: March 5, 2004 Contractor: Forest Lake Contracting, Inc. 14777 Lake Drive Forest Lake, MN 55025 Item No. Description Unit Quantity Unit Price 1 Construct Bulkhead at East End of Box Culvert LS 1 $1,655.15 2 Incentive for Intermediate Completion Date LS 1 $25,000.00 3 Additional Subcut -Legacy Pkwy (2+10.3+00) CY 118.3 $5.00 4 Additional Common Exc. -Legacy Pkwy (4+85 - 5+79) CY 2029.5 $2.75 Total $1,655.15 $25,000.00 $591.50 $5,581.13 5 Common Excavation at Pond -Legacy Pkwy. CY 517 $2.75 $1,421.75 Total $34,249.53 Change Order Detail Page 1 PROJ~c~ ~ocAT~aN ,~ l .~ ~~f 69q l l~ ` ~ ~ --- ~~ ~ ~r COUNiY ROAD D ~1 ~~~121 ~~~ ~ 0 ~ ~ ~ C z n T30N R23W' ~ ~ m ` 3q 35 ~ =0 r , o ~ i 3 2 ~ o ~ T2°N R23~N~ ~. n ~ STo JOHN' o ~ ~ BLS/Do , ~ I I ~1 9 ~,~ 6 I i~~` /1 ~ 0 0 0 ., .I .f IEW 0 0 ~~~ 19 0 BEA~1 -- ~ ~_ ~ __ L_ i Y OF UAPLE N000 '1 ~ ~ ~ ~ ~ r V ~. ~ C L ~ ' ~~ ~~ ~~~~ H ~ ~~I os as~m ~ ~~~ ~I KEvNAR~ STREET ~ `... ,,, ,,, ~N:a1- AGENDA ITEM K-7 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: English Street Improvements, City Project 01-14 and Gladstone Development, City Project 01-23 -Resolution for Acceptance of Project and Modification of Project Budget DATE: March 16, 2004 Introduction/Summary English Street was constructed in 2002. Along with the construction of English Street, the Gladstone Park plat and related infrastructure was constructed. Final construction expenses and financing for both project funds have been estimated. The city council will consider approving the attached resolution for acceptance of project for the road and utility construction contract, as well as approve a revision of the project budget. Background The street and utility construction is final and complete and ready for final payment. The final construction cost and the amount to be paid to the contractor, T.A. Schifsky & Sons, Inc., is $1,283,338.08. The landscape work was done as a separate contract with another contractor and will remain open until the maintenance contract is finalized with the landscape contractor. The final project cost has been estimate at $1,731,546 for English Street, 01-14, and $232,000 for the Gladstone Development, 01-23. This includes an estimate of all construction and engineering costs associated with the project. An increase in the project budget will be necessary to maintain this project within an approved budget. Final state aid eligibility has been determined and an estimation of the final project budget has been completed. There will be an estimated $30,000 shortfall from the initial project budget. The city council will recall that during spring of 2002 the design and location of the sidewalk between County Road B and Cope Avenue was revised and moved to the west side of the road at the direction of the city council. The change, approved in Change Order #1, resulted in the need to construct a retaining wall mostly along one property. The change also resulted in a project cost of over $60,000 for the wall, relocation of landscaping and irrigation, as well as additional engineering and landscape architect fees. At the time, Change Order #1 was approved, staff stated that, "It still appears that this increase (CO #1 - $71,517.57) will fall within the original project budget. However, due to the state aid funding on this project and the fact that the retaining wall may not be eligible for state aid funding, there will likely be some revisions to the final apportionment of funding for this project. A final project recap will be done at a later date to reapportion funding based on the cost of work." A revised financing plan has been proposed that results in the addition of $30,000 of funding from general tax levy. Budget Impact Below are the original approved budget and the recommended revised final budget for project 01-14: Funding Source Original Budget Revised Budget State Aid: $1,288,130 $1,159,818 Assessments: $371,670 $371,670 Sewer Utility Fund $39,350 $39,350 RAMCO $95,050 $69,624 SPRWS $0 $10,815 General Tax Levy: $0 $30,000 Private Driveways $0 $10,815 Total: $1,794,200 $1,731,546 Below are the original approved budget and the revised final budget for project 01-23: Funding Source Original Budget Revised Budget Park Development Fund: $232,330 $232,000 Note: $150,000 in construction costs should be transferred from project fund 01-15 and be attributed to expenditures in project fund 01-23. Recommendation It is recommended that the city council approve the resolution for Acceptance of Project for the English Street Improvements, City Project 01-14 and the Gladstone Park Development, Project 01-23 and Authorize the Finance Director to make the necessary financial transfers as noted in the revised financing plans. CMC Jw Attachments: Resolution Location Map RESOLUTION ACCEPTANCE OF PROJECT AND MODIFICATION OF PROJECT BUDGET WHEREAS, the city engineer for the City of Maplewood has determined that the English Street roadway and utility improvement, City Project 01-14 and the Gladstone Park Development, City Project 01-23, are complete and recommends acceptance of the project, and WHEREAS, the project budget must be modified as noted in the revised financing plan due to short falls in other project funding sources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1. City Projects 01-14 and 01-23 are complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. 2. The finance director is authorized to make the necessary financial transfers as noted in the revised financing plan. Below is the revised final budget for project 01-14: Funding Source Original Budget Revised Budget State Aid: $1,288,130 $1,159,818 Assessments: $371,670 $371,670 Sewer Utility Fund $39,350 $39,350 RAMCO $95,050 $69,624 SPRWS $0 $10,815 General Tax Levy: $0 $30,000 Private Driveways $0 $10,815 Total: $1,794,200 $1,731,546 Below is the revised final budget for project 01-23: Funding Source Original Budget Revised Budget Park Development Fund: $232,330 $232,000 Note: $150,000 in construction costs should be transferred from project 01-14 and be attributed to expenditures in project 01-23. SEXTANT AVE. ~~ GERVAIS AVE. PKWY - -~ ~- HWY. 36 ~' - ~ COPE = z ~ LARK a CT. Iler -' ~ ~ Lake .. ° CO. 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SKILL MAN AVE. w ~ ' ~ Robinh U ood Pork RY AN AV. ~ ~- r- ~ ~ ~ to AVE. w ~ t~ v ~ Z ~ z W 8 J~ o~ SUMMER av E~ ~ ~ w w Q ~ WParkiel >~ m ~ ~ G'G ``° Wake#ield o ~ ~~ '.~~ Lake m .a ~~ ~° SOP HIA AVE ~ T ~ PRICE PV `~ ~ ~ Q ~ ... _ z LARPEN TEUR°' AVE. . ~ ~ 10{)0 ~ ~ ~ ~ ~ 1000 PROJECT 500 LOCATION ~ scALE IN FEET ~~~® ENGE.ISH STREET RECONSTRUCTION FILE No. ` C MAPLE0201 PHONE: (651} 44D-2000 MAPLEWOO~, MINNESOTA DATE: 3s35 vnoNAis cENTES oR. CITY PROJECT NO. 01-14 9 ST. PAUL, MN 55110 1 ~1 ¢~02 3~ ~_ ff ~~ S F ~~ 3~ r" ao Agenda #D 1 MEMORANDUM TO: City Manager FROM: Melinda Coleman SUBJECT: Commission and Board Appointment Policy DATE: March 11, 2004 INFORMATION Following is a summation of the discussion and directions taken by city council over the past month relating to Commission appointments. Please review and if this is on track, we will add to the city council agenda under new business for adoption. 1. The city council will hold the interviews for the commission vacancies and make appointments. The city council will accept prepared questions from the advisory boards to use during the interview process if provided by the appropriate board. 2. The chair of each commission may attend the interview session and provide input to the city council. However, the chair would not have a vote in the process. Chair appointments will be made every two years, starting in 2005, by the city council at the beginning of the calendar year. Each commission will be required to submit two names for nomination and selection of the chair will be made by the city council. 4. The city council will not impose term limits. However, they will make annual appointments or re-appointments through an open or community wide process. Each year, every commissioner seeking re-appointment will re-apply and possibly interview again with the city council and other candidates if there are others. The council will then have 3 options: re-appoint the existing commissioner, appoint a new person to a new term or leave the vacancy open to a later date. 5. The city council will establish a liaison relationship with each advisory board or commission. The council will make the appointments among themselves at a city council meeting (generally, the first or second council meeting of the year). The term of the liaison appointment will be for one year or another mutually agreed upon timeframe. 6. City council may remove any commissioner from their board for un-ethical behavior or other misconduct. Three or more un-excused absences from meetings during a year will result in an automatic resignation. 7. Each commission will have the chair or other member attend city council meetings to present on topics/actions taken at commission meetings. This is currently done by CDRB and PC and should be extended to other commissions. It should be noted that the term limits and chair appointments adopted under this new policy would not apply to the police civil service commission. They are governed by Minnesota State Statutes on these issues. SUMMARY City council should review and direct staff to make any necessary changes. If the policy changes are in order, please address this on the regular March 22nd city council agenda under New Business. If you find it is not ready to move forward, staff can pull it from the agenda. P: Com_Dvpt.advisorybd.2