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Home My WebLink About2004 10-14 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Thursday, October 14, 2004 Council Chambers, Municipal Building Meeting No. 04-23 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE ACKNOWLEDGEMENT OF MAPLEWOOD RESIDENTS SERVING OUR COUNTRY C. ROLL CALL Mayor's Address on Protocol: "Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments. " D. APPROVAL OF MINUTES 1. Minutes from the Council/Manager Workshop-September 27, 2004 2. Minutes from the City Council Meeting-September 27, 2004 E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS Police Civil Service Appointment 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. Hazelwood/County Road C Area Street Improvements, City Project 03-18: Resolution for Modification of the Existing Construction Contract, Change Order No. 2 3. McKnight Road Railroad Crossing South of Ivy Avenue -Approve Joint Funding with City of St. Paul and Union Pacific Railroad 4. Temporary Gambling Resolution -Holy Redeemer Church 5. Temporary Gambling Resolution -Presentation of the Blessed Virgin Mary Church 6. Change of Gambling Manager -White Bear Avenue Business Association 7. Sale of Used Fire Truck H. PUBLIC HEARINGS 7:00 p.m. Assessment Hearing: County Road D Improvements (TH 61 to Highridge Court), City Project 02-08 -Resolution Adopting Assessment L AWARD OF BIDS J. UNFINISHED BUSINESS Approval to Expend Funds for 800 MHz Subscriber Equipment K. NEW BUSINESS 1. Southwinds Development at Hazelwood Street, City Project 04-12 -Resolution Authorizing Grading Project, Approving Project Funding, Approving Project Plans and Specifications and Authorizing Receipt of Bids 2. Reconsideration of Summerhill Senior Housing Project 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. DRAFT--MINUTES CITY COUNCIL/MANAGER WORKSHOP Monday, September 27, 2004 Maplewood Room, City Hall 6:00 p.m. A. CALL TO ORDER B. ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present (arrived @ 6:42. p.m.) Marvin Koppen, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present Others Present: City Manager Fursman Assistant City Manager Coleman City Engineer Ahl City Clerk Guilfoile C. APPROVAL OF AGENDA Councilmember Monahan-Junek moved to approve the a,~enda as presented. Seconded by Councilmember Koppen Ayes-All D. NEW BUSINESS 1. 6:00 p.m. Larry Liteky, President Century College Agenda Report D1 Larry Litecky, President of Century College, shared the vision and goals of Century College and requested that the Council support the 2005 bonding bill that the College is hoping passes for needed improvements. 2. 6:20 p.m. Representative Nora Slawik and Senator Chuck Wiger Senator Wiger discussed bills that will be in the 2005 session and highlights of the 2004 session. He informed council that he will vigorously support the homestead credit during the 2005 session. Representative Nora Slawik discussed highlights of the Education Committee she is on. She also discussed transportation issues that affect the city. 6:42 p.m.-Council took afive-minute break City Council/Manager Warkshop 09-27-04 6:50 p.m. Interview with Eric Ahlness Councilmember Koppen moved to anoint Mr. Ahlness to the Planning Commission with a term expirin,~ December of 2006. Seconded by Councilmember Monahan-Junek Ayes-All E. FUTURE TOPICS F. ADJOURNMENT Councilmember Juenemann moved to adjourn at 6:55 p.m. Seconded by Councilmember Koppen Ayes-All City Council/Manager Warkshop 09-27-04 MINUTES MAPLEWOOD CITY COUNCIL 7:02 P.M. Monday, September 27, 2004 Council Chambers, Municipal Building Meeting No. 04-22 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present D. APPROVAL OF MINUTES 1. Minutes from the Special City Council Meeting-September 13, 2004 Agenda Report D2 Councilmember Juenemann moved to approve the minutes from the September 13, 2004 Special City Council Meeting as presented. Seconded by Councilmember Monahan-Junek Ayes-All 2. Minutes from the City Council Meeting-September 13, 2004 Councilmember Juenemann moved to approve the minutes from the September 13, 2004 City Council Meeting as presented. Seconded by Councilmember Monahan-Junek Ayes-All E. APPROVAL OF AGENDA Ml. Heritage Square M2. Nature Center Anniversary Celebration M3. Cable Commission Councilmember Monahan-Junek moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes-All F. APPOINTMENTS/PRESENTATIONS 1. Planning Commission Appointment a. City Manger Fursman presented the report. City Council Meeting 09-27-04 Councilmember Koppen moved to appoint Erik Ahlness to the Planning Commission with a term expiring December of 2006. Seconded by Councilmember Monahan-Junek Ayes-All G. CONSENT AGENDA Councilmember Juenemann moved to approve agenda items 2-9 as presented. Seconded by Councilmember Koppen Ayes-All Councilmember Koppen moved to approve agenda item 1 as presented. Seconded by Councilmember Monahan-Junek Ayes-All Mayor Cardinal moved to approve agenda item 10 as presented. Seconded by Councilmember Koppen Ayes-All Councilmember Juenemann moved to approve agenda item 11 as presented. Seconded by Councilmember Koppen Ayes-All 1. Approval of Claims ACCOUNTS PAYABLE: $ 214,830.00 Check # 64865 dated 9/07/04 $ 394,785.45 Checks # 64866 thru # 64931 dated 9/14/04 $ 325,906.65 Disbursements via debits to checking account dated 9/03/04 thru 9/09/04 $ 3,678.00 Checks # 64932 dated 9/10/04 $ 352,107.26 Checks # 64933 thru #65010 dated 9/17 THRU 9/21/04 $ 1,251,018.11 Disbursements via debits to checking account dated 9/10/04 thru 9/17/04 $ 2,542,325.47 Total Accounts Payable City Council Meeting 09-27-04 2 PAYR(~T,T, $ 424,409.82 Payroll Checks and Direct Deposits dated 09-10-04 $ 5,673.37 Payroll Deduction check # 98629 thru # 98634 dated 9/10/04 $ 430,083.19 Total Payroll $ 2,972,408.66 GRAND TOTAL 2. Car Allowance - IT Director Approved the $125.00 per month mileage allowance be established for the position of IT Director. Hazardous Materials Fund Approved the budget transfer of funds from the Hazardous Materials Fund into the Emergency Management budget. 4. Disaster Mitigation Plan Resolution Adopted the following resolution to participate in a hazard mitigation planning process: RESOLUTION 04-09-170 TO PARTICIPATE IN A HAZARD MITIGATION PLANNING PROCESS WHEREAS, the County of Ramsey Division of Emergency Management and Homeland Security is participating in the all-hazard mitigation planning process as established under the Disaster Mitigation Act of 2000, Pub. L. No. 106-390; and WHEREAS, the Act requires all counties and municipalities to develop and maintain all-hazard mitigation plans either independently or on a county-wide, multi- jurisdictionalbasis; and WHEREAS, such plans must be well integrated and coordinated to account for the fact that hazards in one jurisdiction impact on other nearby jurisdictions; and WHEREAS, the Act established a framework for the development of an all- hazard mitigation plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the plan must include a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and City Council Meeting 09-27-04 WHEREAS, the plan must include an implementation and maintenance process including plan updates, integration of the plan into other planning documents and how the County will maintain public participation and coordination; and WHEREAS, Ramsey County Division of Emergency Management and Homeland Security has indicated its willingness to coordinate these efforts should the municipality so desire; and WHEREAS, the draft plan will be shared with all municipalities, the County Board of Commissioners and the State of Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management for coordination of state agency review and comment on the draft; and WHEREAS, final approval of the all-hazard mitigation plan will make the municipalities and the County eligible to receive Hazard Mitigation Grant Program (HMGP) project grants; and WHEREAS, this resolution does not preclude the City of Maplewood from preparing its own plan in the future should it desire to do so; Therefore Be It RESOLVED, that the City of Maplewood supports the countywide all-hazard mitigation planning effort, and, be it further RESOLVED, that the City of Maplewood wishes to join with the County in preparing and maintaining the plan and recognizes that the final plan will apply within the City of Maplewood, and, be it further RESOLVED, that the City of Maplewood requests that the Ramsey County Division of Emergency Management and Homeland Security coordinate all-hazard mitigation planning efforts for the City of Maplewood in the future. Standard Master Agreement for Professional Engineering Services between the City and Short Elliott Hendrickson, Inc. Authorized the Mayor and City Manger to enter in to a Standard Master Agreement for professional Engineering Services from Short Elliott Hendrickson, Inc. 6. County Road D West Improvements (TH 61 to Highridge Court), City Project 02-08 - Resolution Concurring with Jurisdiction Transfer by Ramsey County of Existing County Road D West of TH 61 Adopted the following resolution concurring with the jurisdictional transfer by Ramsey County to Maplewood and Vadnais Heights of County Road D between Trunk Highway 61 and 1,308 feet west of TH 61 and authorizes the City Engineer to forward a copy of this resolution to Ramsey County and resolve final transfer issues: City Council Meeting 09-27-04 RESOLUTION 04-09-171 CONCURRING WITH RAMSEY COUNTY TO TRANSFER JURISDICTION OF COUNTY ROAD D FROM TH 61 TO 1,308 FEET WEST WHEREAS, the 1991 Minnesota Legislature established a Ramsey County Local Government Services Study Commission to "report on the advantages and disadvantages of sharing, cooperating, restructuring, or consolidating..." activities in areas of public service including public works, and WHEREAS, the consolidation plan provides for reclassification of roadways and corresponding changes in jurisdiction including the transfer of local and State Aid roadways between the County and Municipalities, and WHEREAS, County Road D (County State Aid Highway 19) from Trunk Highway 61 to a point 1,308 feet west of Trunk Highway 61, located in the City of Maplewood, is presently under the jurisdiction of Ramsey County as a County State Aid Highway, and WHEREAS, this roadway has been determined to serve a local function only, and WHEREAS, revocation of "County State Aid Highway" status maybe accomplished by resolution of the Ramsey County Board of Commissioners pursuant to M.S. 162.02, and WHEREAS, it appears to the City Council of Maplewood that the street hereinafter described upon turnback from Ramsey County should be designated as a local street under the provisions of Minnesota Law, and WHEREAS, the consolidation plan stipulates that Ramsey County shall improve the roadway to acceptable levels of prior to transferring jurisdiction over roadway segments from Ramsey County to municipalities, and the Ramsey County Capital Improvements Program provides funding for these improvements, and WHEREAS, the City of Maplewood desires to reconstruct County Road D (County State Aid Highway 19) from Trunk Highway 61 to a point 1,308 feet west of Trunk Highway 61 for an estimated cost of $218,000 and fund the reconstruction project with joint municipal funds with the City of Vadnais Heights along with an estimated $64,000 from Capital Improvement Funds for Ramsey County Roadway Consolidation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The City of Maplewood does hereby concur with the Ramsey County Board of Commissioners revoking the "County State Aid Highway" status of County Road D (County State Aid Highway 19) from Trunk Highway 61 to a point 1,308 feet west of Trunk Highway 61 and transfers jurisdiction over the southern half of the roadway to Maplewood and the northern half of the roadway to Vadnais Heights as a joint border street, effective on the date, mutually agreed by the County Highway Engineer and the Maplewood City Engineer that the newly aligned County Road D is open and available for traffic, but not before Ramsey County is in receipt of an adopted resolution from Maplewood and from Vadnais Heights concurring with the County revoking the "County State Aid Highway" status of County Road D (County State Aid Highway 19) from Trunk Highway 61 to a point 1,308 feet west of Trunk Highway 61, and, after the Ramsey County Office of Budgeting and Accounting has encumbered the funds City Council Meeting 09-27-04 necessary to fund Ramsey County's share of the reconstruction project as provided by the approved Joint Powers Agreement. 2. The Maplewood City Engineer is authorized within the limits of this resolution to take actions necessary to have the identified jurisdiction changes executed. 7. 2004-2005 Winter Sand Quotes Approved the quote from Aggregate Industries for the 2004-2005 winter sand requirements, based on their low quote of $7.77 per ton. Xcel Energy Franchise Ordinances -Second Reading Approved the second readings of the following electrical franchise ordinances: ELECTRIC FRANCHISE ORDINANCE ORDINANCE N0.852 CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA An ordinance granting to Northern States Power Company, A Minnesota Corporation, d/b/a Xcel Energy its successors and assigns, permission to construct, operate, repair and maintain in the City of MAPLEWOOD, Minnesota, an electric distribution system and transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of electric energy to the City, its inhabitants, and others, and to use the public ways and public grounds of the city for such purposes. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Maplewood, County of Ramsey, State of Minnesota. City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy its successors and assigns. City Council Meeting 09-27-04 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, Suite 3000, 800 Nicollet Mall, Minneapolis, MN 55402. Notice to the City shall be mailed to the City Clerk, City Hall, 1830 East County Road B, Maplewood, MN 55109. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. Public Way. Any street, alley, walkway or other public right-of--way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 23 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subj ect to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other parry is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may j ointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days a$er first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to City Council Meeting 09-27-04 interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as deterniined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subj ect to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement prof ect. 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Dama,~e to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or City Council Meeting 09-27-04 8 other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 43, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement prof ect, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 43 Proj ects with Federal Funding. Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of--way acquired by easement or prescriptive right before the applicable Public Way or Public Ground was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Ways and Public Grounds of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. City Council Meeting 09-27-04 6.1 Indemni , of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance ofpermits, or the operation of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve aright-of--way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee, for the sole purpose of recovering the cost to maintain and operate street lights and traffic signals, by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts. Customer Class Fee Per Premise Per Month Residential Small C & I -Non-Demand Small C & I -Demand Large C & I Public Street Lighting Muni Pumping -N/D $0.50 $1.00 $6.00 $45.00 $0.50 $0.50 City Council Meeting 09-27-04 10 MuniPumping -Demand $0.50 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 60 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on file with the Commission. 9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the Company agrees to provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a City Council Meeting 09-27-04 11 franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE. 101 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subj ect of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. GAS FRANCHISE ORDINANCE ORDINANCE N0.853 CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF MAPLEWOOD, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND City Council Meeting 09-27-04 12 TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Maplewood, County of Ramsey, State of Minnesota. City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authority to regulate Gas retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy its successors and assigns. Gas. "Gas" as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. Gas Facilities. Pipes, mains, regulators, and other facilities owner or operated by Company for the purpose of providing gas service for public use. Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, Suite 3000, 800 Nicollet Mall, Minneapolis, MN 55402. Notice to the City shall be mailed to the City Clerk, City Hall, 1830 East County Road B, Maplewood, MN 55109. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. Public Way. Any street, alley, walkway or other public right-of--way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish Gas energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they maybe extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. City Council Meeting 09-27-04 13 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for Gas service in City are subject to the jurisdiction of the Commission. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may j ointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Gas Facilities shall be located on Public Grounds as deterniined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground gas facilities in place, provided, at City's request, Company will remove abandoned metal pipe interfering with a City improvement project, but only to the extent such metal pipe is uncovered by excavation as part of the City's improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Gas Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Gas Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and City Council Meeting 09-27-04 14 complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that maybe required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Gas Facilities. SECTION 4. RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement prof ect, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Gas Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 43, Company shall relocate its Gas Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for Non-Betterment Costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Gas Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 43 Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Gas Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency City Council Meeting 09-27-04 15 thereof, unless the reasonable non-betterment Costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of--way acquired by easement or prescriptive right before the applicable Public Way or Public Ground was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Company is also granted the permission and authority to trim all shrubs and trees, including roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of Gas Facilities, provided that Company shall save City harmless from any liability in the premises. SECTION 6. INDEMNIFICATION. 6.1 Indemni , of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve aright-of--way under Minnesota Statutes, Section 160.29. SECTION 8. FRANCHISE FEE. The City at the time of adopting this franchise agreement does not desire to require that Company collect a franchise fee from its customers in the City. At a future date during the term of this franchise agreement, the City may determine that it desires Company to collect a franchise fee. If so, the City may City Council Meeting 09-27-04 16 give Company Notice to amend this franchise agreement to authorize collection of a franchise fee by separate ordinance in an amount and upon such terms and conditions as Company at that time is willing to incorporate in its gas franchise agreements with other cities of the second, third or fourth class in the seven- county metropolitan area. Upon receipt of such Notice Company shall negotiate in good faith with City to so amend this franchise agreement. SECTION 9. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 10. PROVISIONS OF ORDINANCE. 9.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 9.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subj ect of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous Gas franchise granted to Company or its predecessor. ORDINANCE NO. 854 AN ORDINANCE IMPLEMENTING A ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF MAPLEWOOD. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES ORDAIN: SECTION 1. The City of Maplewood Municipal Code is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Maplewood City Council has determined that it is in the best City Council Meeting 09-27-04 17 interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Maplewood. (a) Pursuant to City Ordinance 852, a Franchise Agreement between the City of Maplewood and Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subdivision 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the Xcel Energy January, 2005 billing month. This fee is an account-based fee on each premise and not ameter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. Subdivision 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.4 of the Franchise. Subdivision 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the City the amount of the fee. Subdivision 5. Record Suuuort for Payment. Xcel Energy shall make each payment when due and, if required by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subdivision 6. Enforcement. Any dispute, including enforcement of a default regarding City Council Meeting 09-27-04 18 this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subdivision 7. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and sixty (60) days after the sending of written notice enclosing a copy of this adopted Ordinance to Xcel Energy by certified mail. Collection of the fee shall commence as provided in Subdivision 2. Subdivision 8. Sunset Clause. This ordinance shall automatically sunset on December 31, 2009, unless the City Council acts to renew or extend the fee at least six (6) months prior to the sunset date. The City Council may unilaterally renew or extend the fee on the same terms and conditions. Without waiver of any rights under Minnesota law, the City Council shall seek agreement from Company if the City intends to change the fee rate or fee design. SCHEDULE A Franchise Fee Rates: Electric Utility The franchise fee, for the sole purpose of recovering the cost of street lighting, shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to customers within the City: Customer Class Residential Small C & I -Non-Demand Small C & I -Demand Large C & I Public Street Lighting Muni Pumping -N/D MuniPumping -Demand $0.50 $1.00 $6.00 $45.00 $0.50 $0.50 $0.50 Franchise fees are to be collected by the Utility at the rate listed below, and submitted to the City on a quarterly basis as follows: January -March collections due by April 30. April -June collections due by July 31. July -September collections due by October 31. October -December collections due by January 31. 9. Legacy Village Agreement Amendment Fee Per Premise Per Month City Council Meeting 09-27-04 19 Approved the Legacy Village Agreement Amendment to resolve and close the escrow account. 10. Resolution Certifying Election Judges for the November 2, 2004 General Election Adopted the following resolution accepting election judges for the 2004 General Election: RESOLUTION 04-09-173 ACCEPTING ELECTION JUDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2004 General Election, to be held on Tuesday, November 2, 2004: Anderson, Cynthia Fuller, Mary Lash, Nancy Anderson, Elsie Gelao, Beverly Lauren, Lorraine Anderson, Ronald Crierzek, Clarice Leeman, Anita Anderson, Suzanne Crilstad, Mark Leiter, Barbara Barrett, Marlis Golaski, Diane Leo, Ann Bartelt, Joan Crranger, Betty Leo , Pati Belland, Jaime Crrant, Guy Leonard, Claudette Berger, Carole Crrant, Mary Lincowski, Steve Berger, Merv Gullickson, Ray Lincowski, Vi Berry, Bud Haavisto, Wendy Locke, Christine Bortz, Jeanne Haines, Joseph Lofgren, Delores Bowman, Kim Hayde, Walter Lofgren, Richard Breidenstein, Anna Hecht, Lloyd Lundgren, Robert Brown, Donna Heinenger, Gordon Luttrell, Shirley Bunde, Jennette Hensley, Pat Maeyaert, Paul Button, Joan Hines, Constance Mahre, Carol Cahanes, Lucille Holzemer, Mary Mahre, Geri Campbell, Lyla Horton, Shirlee Manders, Rose Marie Carr, Robert Hustings, Kevin Manthey, John Cofield, Jean Iversen, Mildred Marsch, Delores Connelly, Thomas Janacek, Jeff Maskrey, Thomas Davidson, Mae Jensen, Barbara Jean Mechelke, Geraldine Davidson, Marianne Johannessen, Judith Meyer, Jackie Dickson, Jean Johnson, Barbara Misgen, Joan Droeger, Diane Jones, Victoria Moen, Bill DuCharme, Fred Kandler, Dorothea Mollers, Katherine Duellman, Audrey Keenan, Jane Mossong, Betty Eickhoff, Carolyn Kidman, Marilyn Muraski, Gerry Elmquist, Denise King, Helen Muraski, Howard Erickson, Elizabeth Kirchoff, Harold Myster, Thomas Erickson, Elizabeth Koch, Rosemary Nieman, James Fischer, Lorraine Korolchuk, Nicole Nieters, Louise Fischer, Mary Koval, Harry Norberg, Ann Marie Fitzgerald, Delores Krekelberg, Mona Lou Olson, Mary Fitzgerald, Edward Krominga, Josephine Olson, Norman Fosburgh, Anne Kunde, Margaret Orlando, Sallye Foster, Lucille Lackner, Marvella Pederson, Vern Frederickson, Rita Lagoon ,Brad Pehl, David Fredine, Don Lally, Rita Petersen, Karyl Freer, MaryJo Larson, Anita Poleceh, Bev Radermacher, Karla Sajevic, Florence Shaul, Brian Randolph, Linda Schaaf, Larry Shore, Theresa Reeves, Heide Schneider, Mary Ann Skluzacek, Evelyn Rempel, Lovella Schoenecker, Sandy Sonnek, Theresa Rossi, Rose Marie Schroepfer, Don Spangler, Bob Rudeen, Elaine Schroepfer, Harriet Spies, Louis Ryan, Kendra Schulte, Paula Staflci, Tim City Council Meeting 09-27-04 20 Stark, David Tomaszewski, Carmen Vatne, Mary Stevens, Sandra Trippler, Dale Wagner, Connie Taylor, Lorraine Trooien, Gerry Wandersee, Gene Taylor, Rita Unger, Connie Wasmundt, Gayle Thompson, Milo Urbanski, Holly Willy, John Thompson, Pat VanBlaricom, Beulah Witschen, Delores Tillman, Leila Vandeveer, Barbara Tolbert, Franklin Vangas, Vilhelmine 11. Resolution Establishing An Absentee Ballot Board Adopted the following resolution establishing an absentee ballot board: City of Maplewood Resolution 04-09-174 Establishing an Absentee Ballot Board An absentee ballot board is hereby authorized for the City of Maplewood as provided in Minnesota Statutes 203B.13, subdivision 1. H. PUBLIC HEARINGS 7:00 p.m. Springside Drive Extension--West of Sterling St., Project 03-36 - Resolution Canceling Hearing and Rescheduling Hearing for 2005 a. City Manger Fursman presented the report. b. City Engineer Ahl provided specifics from the report. Councilmember Juenemann moved to adopt the following resolution cancelin hg Baring and rescheduling the hearing for 2005 for the Springside Drive Extension-West of Sterling Street City Project 03-36: RESOLUTION 04-09-175 CANCELING HEARING AND RESCHEDULING HEARING WHEREAS, pursuant to a resolution adopted by the City Council on August 23, 2004, an assessment hearing for Springside Drive Extension -West of Sterling Street, City Project 03-36, was scheduled for September 27, 2004 at 7:00 pm, and WHEREAS, bids received on September 10, 2004 appear to far exceed the project financing plan, and WHEREAS, the City Engineer has recommended that the project be rebid and a new financing plan established in 2005. NOW, THEREFORE, BE IT RESOLVED THAT the Springside Drive Extension -West of Sterling Street, City Project 03-36, scheduled for September 27, 2004 at 7:00 pm is hereby cancelled and the City Engineer is directed to rescheduled the prof ect for 2005. Seconded by Councilmember Monahan-Junek Ayes-All City Council Meeting 09-27-04 21 2. 7:15 p.m. Summerhill of Maplewood (Senior Housing Cooperative) (935 Ferndale Street North) Land Use Plan Change - S (school) to R-3(H) (4 votes) Zoning Map Change - R-1 (single dwelling) to R-3 (multiple-family residential) Design Approval a. City Manger Fursman presented the report. b. Planner Finwall provided specifics from the report. c. Boardmember Dierich presented the Planning Commission report. d. Commissioner Longrie-Kline presented the Community Design Review Board report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Margaret Kunde, 937 Glendon Street North, Maplewood Chuck Armstrong, Director of Business Development, Nichols Development Father Hart, Transfiguration Church Link Wilson, Architect, Nichols Development Laura Schweiker, 2607 Harvester, Maplewood William Tye, 973 Glendon Street, Maplewood Alvin Geerdes, 987 Glendon Street North, Maplewood Elizabeth Kringle, 910 Ferndale Street North, Maplewood Kelly Venzke, 2477 Timber Court, Maplewood Jan Heroff, 940 Ferndale Street North, Maplewood Eugene Kunde, 937 Glendon Street, Maplewood John Heroff, 940 Ferndale Street North, Maplewood £ Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt a resolution a~roving the comprehensive land use change from School (S) to Hi hg multiple dwelling residential (R-3H~ Seconded by Councilmember Juenemann Ayes-Councilmembers Juenemann, Koppen and Monahan-Junek Nays-Mayor Cardinal and Councilmember Rossbach 4 votes required-motion failed. Findings of denial: Councilmember Rossbach stated the reasons of denial as: 1. The land use plan lists as two of its goals to protect and strengthen neighborhoods and minimize conflict between land uses. 2. Under the city's general development policies it lists as one of the goals that there shall be transitions between distinctly different types of land uses and that they should not create a negative economic, social or physical impact on adjoining developments. City Council Meeting 09-27-04 22 3. In the development policies it states the city will coordinate land use changes with the character of each neighborhood. 4. Neighbors will be protected from encroachment on intrusion of incompatible land uses by adequate buffering and separation. 5. It is important to assure that the efforts to provide life-cycle housing are accomplished so it is compatible with the character of the existing neighborhoods and with respect to the environment. 9:16 p. m. A five minute break was taken. 9:27 p.m. Ramsey County Suburban Courthouse (2050 White Bear Avenue) Lot Division Conditional Use Permit Design Approval a. City Manger Fursman presented the report. b. Planner Roberts provided specifics from the report. c. Commissioner Dierich presented the Planning Commission report. d. Boardmember Longrie-Kline presented the Design Review Board report. e. The following persons were heard: Commissioner Victoria Reinhardt Jolly Mangine, Director of Property Management, Ramsey County Steve Lahaki, Architect Councilmember Koppen moved to approve the lot division creating a new separate parcel for the Ramsey County Suburban Courthouse facility at 2050 White Bear Avenue. This lot division approval is subject to the city and the coun , signing access and maintenance agreements for the property and for the parking lot(s): This lot division approval is subject to: 1. The city and the county signing access and maintenance agreements for the property and for the parking lot(s). 2. The deeds having a reverter clause that would give ownership of the courthouse parcel back to the city if the county ever stopped using the property for a courts facility or for courtroom use. Seconded by Councilmember Rossbach Ayes-All Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for the Ramsey County Suburban Courts facility at 2050 White Bear Avenue. CONDITIONAL USE PERMIT RESOLUTION 04-09-176 City Council Meeting 09-27-04 23 WHEREAS, Ramsey County applied for a conditional use permit to build a new suburban county court facility. WHEREAS, this permit applies to the property located at 2050 White Bear Avenue. The proposed legal description is: The south 183 feet of the East 420 feet of the West 633 feet of the Northwest Quarter of the Northwest Quarter of Section 14, Township 29, Range 22, Ramsey County, Minnesota. Subject to a permanent easement for drainage and utility and pedestrian trail purposes over the East 30 feet thereof, together with a permanent easement for ingress, egress and parking over, under and across the South 183 feet of the West 213 feet of the Northwest Quarter of the Northwest Quarter of Section 14, Township 29, Range 22, Ramsey County, subject to White Bear Avenue. WHEREAS, the history of this conditional use permit is as follows: On September 8, 2004, the planning commission held a public hearing to review this request. City staffpublished a notice in the paper and sent notices to the surrounding property owners. The commission gave everyone at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations from the city staff. The commission recommended that the city council approve this permit. 2. On September 27, 2004, the city council discussed and considered this proposal. The council gave everyone at the meeting a chance to speak and present written statements. They also considered reports and recommendations from the city staff and from the Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 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. features into the development design. City Council Meeting 09-27-04 24 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. Any future expansions or major changes to the site or to the building require the approval of a revision to the conditional use permit by the city council. 2. The city council may require the county to construct the additional parking shown on the site plan east of the east parking lot if a parking problem develops. 3. The applicant must begin construction within one year after the council approves this permit or the permit shall end. The city council may extend this deadline for one year. 4. The city and county preparing a notification system for the scheduling of large events at the community center to help prevent parking conflicts or problems at the site. 5. The city council shall review this permit in one year. Seconded by Councilmember Rossbach Ayes-All Councilmember Ko~pen moved to approve the project plans date-stamped September 10, 2004, and the landscape plan submitted to the ci , on September 21, 2004, for the Ramsey County Suburban Courts building at 2050 White Bear Avenue. The ci , is makin tg his approval subject to the findings required by the city code. The coun , or the developer shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a grading permit or a building permit: a. * Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, sidewalk and driveway and parking lot plans. The plans shall meet the following conditions: (1) The erosion control plan shall be consistent with city code. (2) The grading plan shall: (a) Include building, floor elevation, water elevation and contour information. These shall include the normal water elevation and 100-year high water elevation. (b) Include contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as required by the watershed board or by the city engineer. The ponds or basins shall meet the city's design standards and shall include best management practices and rainwater gardens wherever practical. City Council Meeting 09-27-04 25 (d) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. This shall include covering these slopes with wood-fiber blankets and seeding them with a "no mow" vegetation rather than using sod or grass. (e) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city. (f) Show as little disturbance as possible on the north and south sides of the site to minimize the loss or removal of natural vegetation. (3)* All the parking areas and driveways shall have continuous concrete curb and gutter, except where the city engineer decides it is not necessary for drainage purposes. (4) A storm water management plan, including drainage and ponding calculations, for the proposal. (5) Make all the changes and meet all the conditions noted by the city engineer in the memo dated September 13, 2004. b. Submit alawn-irrigation plan to staff showing the location of sprinkler heads. c. Submit a certificate of survey for all new construction. d. Submit a revised landscape plan for city staff approval showing the: (1) Planting of native grasses, flowering plants and low-level shrubs around any storm water pond(s). These materials shall extend at least four feet from the ordinary high water mark (OHWM) of each pond. (2) Planting details (including flowering plants and shrubs) for any rainwater gardens on the site. (3) Changes recommended by the city engineering department. e. Get the necessary approvals and permits from the watershed district. £ Submit a detailed photometric plan for all proposed outdoor lighting for city staff approval. This plan shall show how the lighting on the building would add to the site lighting. This plan also shall show details about the proposed light fixtures to ensure they are a design that hides the bulb and lens from view to avoid nuisances. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of--ways and from adjacent properties. g. The applicant shall record the following with Ramsey County: (1) The deeds creating the new lot for the courthouse. City Council Meeting 09-27-04 26 (2) Athirty-foot-wide permanent easement for the public trail across the east part of the lot. (3) The ingress and egress easement agreements between the two properties. h. Have the Saint Paul Regional Water Services (SPRWS) review and approve the proposed utility plans. i. Submit plans for city staff approval for any outdoor trash or recycling enclosure, if the county is going to have an outdoor dumpster. These shall include a revised site plan to show the location and elevations of all four sides of the enclosure. The gates shall be 100 percent opaque and the materials and colors of the enclosure shall be compatible with those of the new courts building. This plan shall be subject to city staff approval. j. Meeting all the conditions of the city engineering department as outlined in the memo dated September 13, 2004. k. A letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. Complete the following before occupying the building: a. Install new property irons to designate the corners of the new lot. b. Restore and sod damaged boulevards. c. Install reflectorized stop signs at each exit, ahandicap-parking sign for each handicap- parking space and an address on the building. In addition, the applicant shall install "no parking" signs within the site, as required by staff. d. Paint any roof-top mechanical equipment to match the uppermost part of the building. Screen all roof-mounted equipment visible from White Bear Avenue. (city code requirement) e. Construct trash dumpster and recycling enclosures as city code requires for any dumpsters or storage containers that the owner or building manager would keep outside the building. Any such enclosures must be 100 percent opaque, match the materials and colors of the building and have a closeable gate that extends to the ground or driveway. f. Install all required landscaping. g. Install and maintain an in-ground sprinkler system for all landscaped areas. h. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls. City Council Meeting 09-27-04 27 i. Install on-site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of--ways and from adjacent properties. j. Installing an outdoor drinking fountain near the outdoor public seating area. k. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2)* Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. 5. This approval does not include the signs. All signs need permits from the city. 6. All work shall follow the approved plans. The director of community development may approve minor changes. 7. This approval does not include any future additions on the east end of the building. The developer or builder shall submit all necessary plans to the CDRB and the city council for their approval before the city may issue a building permit for such an addition. 8. This approval does include the proof or parking area shown on the site plan. The city engineer must approve the construction plans for this parking before the county starts constructing the additional parking. Seconded by Councilmember Rossbach Ayes-All I. AWARD OF BIDS Springside Drive, Project 03-36 -Resolution Receiving and Rejecting All Bids and Authorizing Project Rebid for 2005 City Council Meeting 09-27-04 28 a. City Manager Fursman presented the report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution receivin ag nd rejecting all bids and authoring the project to be rebid in 2005: RESOLUTION 04-09-177 RECEIVING AND REJECTING BIDS AND AUTHORIZING PROJECT REBID WHEREAS, pursuant to resolution passed by the city council on August 9~, 2004, plans and specifications for Springside Drive Extension, West of Sterling Street, City Project 03-36, have been prepared under the direction of the city engineer, and WHEREAS, pursuant to resolution passed by the city council on August 23, 2004, bids were received for said project on September 10, 2004 as follows: 1. T. A. Schifsky $151,373.66 2. Forest Lake Contracting $153,037.50 3. Danner, Inc. $161,236.60 WHEREAS, the engineer's estimate for said project was $118,872.50, which is significantly less than all bids received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: that the bids for the construction of Springside Drive Extension -West of Sterling St., City Project 03-36, are hereby received and rejected and that the city engineer is hereby authorized to arrange for the project to be rebid in 2005. Seconded by Councilmember Monahan-Junek Ayes-All 2. Award Bid to Second Wind Exercise Equipment for Maplewood Community Center a. City Manager Fursman presented the report. b. Parks and Recreation Director Anderson presented specifics from the report. Councilmember Koppen moved to award the fitness exercise equipment bid to Second Wind Exercise Equipment in the amount of $37,378.31. Seconded by Councilmember Monahan-Junek Ayes-All J. UNFINISHED BUSINESS Project Reconsideration - Mapletree Townhouses (Southlawn Drive) a. Preliminary Plat b. Design Approval a. City Manager Fursman presented the report. City Council Meeting 09-27-04 29 b. Planner Roberts presented specifics from the report. c. Jon Brandt, the developer provided further specifics. Councilmember Koppen moved to approve the Mapletree Townhomes preliminary plat (received by the ci , on September 8, 2004). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Pay the city for the cost oftraffic-control, street identification and no-parking signs. d. Provide all required and necessary easements (including all utility easements and ten-foot drainage and utility easements along the front and rear lot lines of each lot and five-foot drainage and utility easements along the side lot lines of each lot). 2. Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo dated September 16, 2004, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall: (1) Include proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Include contour information for all the land that the construction will disturb. (3) Show housing pads that reduce the grading where the developer can save large trees. (4) Show the parking lot and driveway grades as allowed by the city engineer. (5) Include the tree plan that: (a) Shows where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (b) Shows no tree removal beyond the approved grading and tree limits. City Council Meeting 09-27-04 30 (6) Show drainage areas and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the runoff from the site and from the surrounding areas. c. The driveway, parking lot and utility plans shall show the: (1) Water service to each lot and unit. (2) Repair of Southlawn Drive (street and boulevard) after the developer connects to the public utilities and builds the private driveways. 3. Paying for costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. This shall include an easement for the water main and easements for any other public utilities on the site. The Saint Paul Regional Water Services (SPRWS) shall approve the description and location of the easement for the water main. b. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. c. Label the common area as Outlot A. Secure and provide all required easements for the development including any off-site drainage and utility easements. 6. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 7. If necessary, obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 8. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. 9. Submitting the homeowners' association bylaws and rules to the city for approval by the director of community development. These are to assure that there will be one responsible party for the maintenance of the private utilities, parking areas, driveways, landscaping and common areas. 10. Record the following with the final plat: a. All homeowners' association documents. City Council Meeting 09-27-04 31 b. A covenant or association documents that addresses the proper installation, maintenance and replacement of any retaining walls. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 11. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). Seconded by CouncilmemberMonahan-Junek Ayes-All Councilmember Monahan-Junek moved to approve the plans date-stamped September 8, 2004, (site plan, rg ading and drainage plans and building elevations) for the Mapletree Townhomes on the west side of Southlawn Drive. The developer or contractor shall do the following: Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, sidewalk and driveway and parking lot plans. The plans shall meet the following conditions: (1) The erosion control plan shall be consistent with city code. (2) The grading plan shall: (a) Include building, floor elevation and contour information. (b) Include contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as may be required by the watershed board or by the city engineer. (d) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. This shall include covering these slopes with wood-fiber blankets and seeding them with a "no mow" vegetation rather than using sod or grass. (e) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city. (f) Show as little disturbance and tree removal as possible on the west and south sides of the site (near the park). City Council Meeting 09-27-04 32 (3) The tree plan shall: (a) Be approved by the city engineer before site grading. (b) Include an inventory of all existing large trees on the site and shall show where the developer will remove, save or replace large trees. (c) Show the size, species and location of the replacement trees. The deciduous trees shall be at least two and one half (2 1/2) inches in diameter and shall be a mix of red and white oaks and sugar maples. (d) Be consistent with the approved grading and landscape plans and shall show no tree removal beyond the approved grading and tree limits. (4) All the parking areas and driveways shall have continuous concrete curb and gutter except where the city engineer decides that it is not needed. (5) The design of the ponding area and the rainwater garden(s) shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off-site utility, grading or drainage easements and for recording all necessary easements. (6) The driveways shall meet the following standards: 24-foot width--no parking on either side and 28-foot width--parking on one side The developer or contractor shall post the driveways with no parking signs to meet the above-listed standards. (7) The developer shall disturb as little as possible of the area along the west and south property lines. The applicant shall change the grading plan for this part of the site as recommended by the city engineer. b. Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. c. Submit revised landscape and tree plans to city staff for approval that incorporates the following details and that meet the following requirements: (1) All trees would be consistent with city standards for size, location and species. (2) The maple trees must be at least 2 1/2 inches in caliper, balled and burlapped. (3) The manicured or mowed areas from the natural areas. This shall include planting (instead of sodding) the disturbed areas around the ponding area and the rainwater gardens with native grasses and native flowering plants. The native grasses and flowering plants shall be those needing little or no maintenance and shall extend at least City Council Meeting 09-27-04 33 four feet from the ordinary high water mark (OHWM) of the pond. This is to reduce maintenance costs and to reduce the temptation of mowers to encroach into the gardens. Specifically, the developer shall have the natural areas seeded with an upland mixture and lowland mixtures as appropriate. (4) The plantings proposed around the front of the units shown on the landscape plan date- stamped May 24, 2004, shall remain on the plan. (5) Foundation plantings near and around the buildings and additional screening (with trees and other materials) between the proposed buildings and Southlawn Drive. (6) In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged planting beds and the area within the ponding area). (7) The contractor shall restore the Southlawn Drive boulevard with sod. (8) Shows where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site and shall show as much of the existing vegetation (including trees) remaining along the westerly and southerly property lines. In addition, this plan shall show the planting of at least 10 replacement trees on the site. (9) Adding ten more evergreen trees (Black Hills spruce or Austrian pines) along the north and east property lines of the site (in Detail areas C and D). These trees are to be at least six feet tall and the contractor shall plant these trees in staggered rows on the berm. (10) Shows the size, species and location of the replacement trees. The deciduous trees shall be at least two and one half (2 1/2) inches in diameter and shall be a mix of red and white oaks and sugar maples. (ll) Shows the in-ground lawn-irrigation system. (12) Shall be approved by the city engineer before site grading and shall be consistent with the approved grading and landscape plans. (13) Shows no tree removal beyond the approved grading and tree limits. d. Submit an in-ground lawn-irrigation plan to staff showing the location of sprinkler heads. e. Get the necessary approvals and permits from the watershed district. f. Submit a revised site lighting plan for city approval. This plan shall show how the lighting on the buildings would add to the site lighting, and the plan should have additional lighting along the main driveway, so it is adequately lit. This plan also shall show details about the proposed light fixtures to ensure they are a design that hides the bulb and lens from view to avoid nuisances. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of--ways and from adjacent residential properties. This City Council Meeting 09-27-04 34 plan shall also show details about the white-colored freestanding lights that were displayed and approved at the June 22, 2004, community design review board meeting. g. Have the Saint Paul Regional Water Services (SPRWS) approve the proposed utility plans. h. The fire chief shall approve the access to the back (west side) of the buildings for firefighting needs. i. Submit plans for city staff approval for any outdoor trash or recycling containers and enclosures. If the developer wants to build such facilities, the enclosure shall have materials that are compatible with the buildings, and they shall have gates that are 100 percent opaque. j. Submit for city staff approval revised building plans and elevations that show or include (but are not limited to) white shutters, white window grids, white balcony railings, awhite- colored trim band located between the two stories on the north, west, and east elevations of the townhouses that separates the two beige colors of vinyl siding, and that provide more detail about the brick or stone accents. These plans also should reflect that all utility meters are located on the north side of each townhouse, on the lower level, within the recessed area. k. Submit for city staff approval the site and building plans and elevations for the garage buildings. These buildings shall be at least 10 feet apart and shall have a style, finish, materials and colors consistent with the main buildings on the site. Present to staff for approval color building elevations or building material samples of all elevations of the townhouses and garages. These elevations should show that the townhouses will have two-tones ofbeige-colored vinyl siding on the north, west, and east elevations with a white trim band separating the two stories; have two-tones of beige- colored vinyl siding on the second story and either brick or stone accents on the first story of the south elevation. These elevations also should show that the garages would have a beige-colored vinyl siding with a wainscot of brick or stone. m. Provide the city with a letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. Complete the following before occupying each building: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. Sod all landscaped areas, except for the area within the easement, which maybe seeded. c. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls. d. Install reflectorized stop signs at the exit, ahandicap-parking sign for each handicap-parking space and addresses on each building for each unit. In addition, the applicant shall install City Council Meeting 09-27-04 35 "no parking" signs within the site, as required by staff. e. Construct trash dumpster and recycling enclosures as city code requires for any dumpsters or storage containers that the owner or building manager would keep outside the building. Any such enclosures must match the materials and colors of the building. f. Install and maintain all required landscaping and an in-ground sprinkler system for all landscaped areas (code requirement). g. Install on-site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of--ways and the nearby homes and residential properties. h. Install asix-foot-high solid screening fence or additional landscaping along the east and north property lines of the site where the vegetation does not adequately screen the town houses and the parking areas from the businesses and the existing dwellings. These additional materials are to ensure there is at least asix-foot-tall, 80 percent opaque screen on these sides of the site. The location, design and materials of the fence or the additional landscaping shall be subject to city staff approval. i. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Koppen Ayes-All K. NEW BUSINESS City Council Meeting 09-27-04 36 County Road D Improvements (TH 61 to Southlawn), City Project 02-07 -Approve Settlement Agreement with Maple Ridge Apartments a. City Manager Fursman presented the report. b. City Engineer Ahl presented specifics from the report. Councilmember Rossbach moved to approve the acquisition agreement with Maple Ridge Partnership as it relates to the County Road D Realignment Project between Trunk Highway 61 and Southlawn Drive and authorized staff to make a total payment of $90,000 to Theis Talle Enterprises in two payment: $30,000 at this time and later $60,000 per the acquisition agreement: AGREEMENT THIS AGREEMENT, made this 16TH day of August, 2004, by and between Maple Ridge Partnership, a limited partnership in the State of Minnesota, hereinafter called the OWNER, and the City of Maplewood, Ramsey County, Minnesota, a Minnesota municipal corporation, hereinafter called the CITY. WITNESSETH: WHEREAS, the City undertakes to construct new public streets and utilities as part of the County Road D Realignment, Project 02-07; and WHEREAS, the Owner is fee owner of record of the hereinafter described real property, situated within the City of Maplewood, County of Ramsey, State of Minnesota, described as follows, to wit: Section 34, Township 30 North, Range 22 West, part lying south of Highway 694 of West ~/z of East ~/z SE ~/4 of Sec 34, Township 30 North, Range 22 West. PIN 34-30-22-44-0002 WHEREAS, said construction project will necessitate the changing, disturbance, and disruption of certain designated areas of the above-described property; and WHEREAS, in order to accomplish the proposed project, it will be necessary to enter on certain portions of the Owners' property, generally described as the southerly 20-feet of said property, as temporary easement and permanent right-of--way, and WHEREAS, the City Council, through Resolution No. 03-09-173, has authorized the City Engineer to enter into direct negotiations with property owners for the acquisition of right of way and easements for the making of this improvement, and WHEREAS, the property owner and the city have agreed to provisions for the city to acquire said permanent right-of--way. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: City Council Meeting 09-27-04 37 1. The City Council shall consider for approval an acquisition agreement in the amount of $90,000 for acquisition of said easements and right of way on September 27, 2004, which shall include the following terms: a. The City shall pay Maple Ridge Partnership in installments with the first $30,000 payable on September 28, 2004. The second installment of $60,000 shall be paid to Maple Ridge Partnership upon the successful installation of the fencing and landscaping described below. b. The Owner shall contract and have installed fencing and landscaping according to plans from Elements, Inc. previously provided to the City. Said fencing and landscaping shall require a sign permit to be applied for and paid by the Owner, but will not require a variance or building permit if installed according to plans. Said fencing and landscaping shall be installed before June 30, 2005. c. The City agrees to pay for costs related to the property grounds irrigation system that are damaged or required to be relocated due to the roadway construction. Any irrigation system work damaged by the fencing and landscaping work listed in Item lb. above, shall be at the cost of the Owner. d. The City shall, at no cost to the Owner, construct a new driveway entrance into the underground parking garage at a location approved by the City Engineer and agreed to by the Owner. e. The City shall prepare, at no cost to the Owner, an agreement that provides for execution of a deed by Owner for the necessary right of way dedication contemplated by this agreement. 2. The property owner shall execute and have delivered to City a temporary easement agreement that authorizes City and its representatives to enter onto the property to construct said improvements beginning on September 17, 2004. 3. This agreement may be terminated by the Owner if the settlement contemplated in Item 1 above, is rejected by the City Council on September 27, 2004 or if parties are unable to complete agreement as contemplate in Item 1 e above. If Owner exercises right to terminate for cause, it is hereby agreed that, at the sole expense of the City, all disturbed property shall be restored within a period of 5 working days to a condition of equal or better condition than prior to the execution of said right of entry agreement. 4. This agreement shall terminate on the first day of October 2005. Seconded by Councilmember Koppen Ayes-All 2. Priory Neighborhood Park Preserve Master Plan a. City Manager Fursman presented the report. b. Parks and Recreation Director Anderson presented specifics from the report. Councilmember Monahan-Junek moved to adopt the proposed Priory Neighborhood Preserve plan as presented and that Barr En ing Bering be retained to provide the final plans and specifications for construction and restoration of the Priory site. City Council Meeting 09-27-04 38 Seconded by Councilmember Juenemann Ayes-All Hazelwood/County Road C Area Street Improvements, Project 03-18 and Venburg/Guldens Frontage Road, Project 04-04, (02-08) Resolutions for: Modification of Existing Construction Contract to Project 03-18, Change Order No. 1 and to Approve Transfer of Funds from Project 04-04, (02-08) to Project 03- 18 a. City Manager Fursman presented the report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolutions approving the transfer of $3,200 from Project 04-04 (02-08) and into Project 03-18, approving the modification of the existing constriction contract for Project 03-18 in the amount of $34,215: RESOLUTION 04-09-178 APPROVING TRANSFER OF FUNDS FROM CITY PROJECT 04-04 (02-08) TO CITY PROJECT 03-18 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of the Venburg/Guldens Frontage Road, Project 04-04, (02-08) and Hazelwood/County Road C Area Street Improvements, Project 03-18, and authorized the finance director to implement a financing plan for both projects, and WHEREAS, it was necessary to expedite the correction of poor soils at the Guldens new west parking lot to prevent delays to the Frontage Road construction and Venburg site preparation as required by agreement, and WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of Hazelwood/County Road C Area Street Improvements, and City Project 03-18, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it was necessary to contract said soil correction work with the contractor under contract for the construction of City Project 03-18, and WHEREAS, Change Order No.l for Project 03-18 has been prepared as a summary of construction expenses incurred for the correction of soils at the Guldens property, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the finance director is hereby directed to transfer funds from the Venburg/Guldens Frontage Road, Project 04-04 (02-08) and into the project fund for Project 03-18 for the Hazelwood/County Road C Area Street Improvements project as follows: Street assessments: $ 734,200 (25 %) Storm assessments: $57,800 (2%) Sanitary Sewer Utility Fund: $174,000 (6 %) Environmental Utility Fund: $665,800 (23%) City Council Meeting 09-27-04 39 SPRWS Obligation: City debt service: Transfer from Project 02-08 Total $164,400 (6%) $ 1,102,000 (37%) $34,200 1 $2,932,400 (100%) RESOLUTION 04-09-179 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03-18, Hazelwood/County Road C Area 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 03-18, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 in the amount of $34,215.00. The revised contract amount is $1,574,287.23. The Finance Director is authorized to make the necessary transfers to the necessary implement the revised financing plan: The revised financing plan for Project 03-18 would be as follows: Street assessments: $ 734,200 (25 %) Storm assessments: $57,800 (2%) Sanitary Sewer Utility Fund: $174,000 (6 %) Environmental Utility Fund: $665,800 (23%) SPRWS Obligation: $164,400 (6%) City debt service: $ 1,102,000 (37%) Transfer from Project 02-08: $34,200 1% Total $2,932,400 (100%) CHANGE ORDER DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA Project Name: Hazelwood/County Road C Area Streets Project No.: 03-18 Contractor: T.A. Schifsky & Sons, Inc. The following changes shall be made in the contract documents: Unit Change Order No.: 1 Date: Sept. 20, 2004 City Council Meeting 09-27-04 40 Description Unit B. Soil Correction L.S. C. Remove Unsuitable C.Y. D. Haul off Additional Unsuitable C.Y. (6000Y @ $4.00/CY) E. Level Dump Site L.S. F. Import Add'1 Structural Fill C.Y. G. Rock Construction Entrance EA. H. Silt Fence at Dump Site L.S. G. Remove & Replace 118LF Curb L.F. uantit Price Total 1 $17,696 $17,696 2000 $4 $8,000 600 $4 $2,400 1 $1,764 $1,764 600 $3 $1,800 1 $1,000 $1,000 1 $300 $300 118 $10.64 $1,255 $34,215 Original Contract: $1,540.072.23 Net Change of Prior Change Order No. to No. Change This Change Order: $34,215.00 Revised Contract: $1,574,287.23 Seconded by Councilmember Juenemann Ayes-All 4. Sister City a. City Manager Fursman presented the report and specifics from the report. Councilmember Juenemann moved to extend the meeting until completion of the a e~ nda. Seconded by Councilmember Rossbach L. VISITOR PRESENTATIONS Ayes-Mayor Cardinal, Councilmembers Juenemann, Monahan-Junek, and Rossbach Nays-Councilmember Koppen 1. Diane Longrie-Kline, 1171 Burr Street, Maplewood-spoke of her experiences in China in consideration of the city being a sister city to a city in China. M. COUNCIL PRESENTATIONS 1. Heritage Square-Councilmember Juenemann attended the open house for Heritage Square as acting Mayor and displayed the city key she received. 2. Nature Center's 25~ Anniversary-Councilmember Juenemann congratulated Parks and Recreation Director Anderson on the success of the Nature Center's Anniversary Celebration. City Council Meeting 09-27-04 41 Cable Commission-Councilmember Koppen reported that the commission created another committee that will look for programming to utilize additional channels. Councilmember Koppen is the chair for this committee. N. ADMINISTRATIVE PRESENTATIONS October Council Meeting-The first council meeting in October will be held on THURSDAY, October 14~. O. ADJOURNMENT Councilmember Koppen moved to adjourn the meeting at 11:06 p.m. Seconded by Councilmember Juenemann Ayes-All City Council Meeting 09-27-04 42 AGENDA NO. G-1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: October 14, 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: $ 3,000.00 Check # 65011 dated 9/23/04 $ 1,399,126.31 Checks # 65012 thru # 65060 dated 9/28/04 $ 146,267.88 Disbursements via debits to checking account dated 09/17 thru 09/24/04 $ 50,484.34 Checks # 65061 thru # 65064 dated 9/27/ thru 9/29/04 $ 798,876.74 Checks # 65065 thru # 65150 dated 10/5/04 $ 237,993.57 Disbursements via debits to checking account dated 9/27 thru 9/30/04 $ 2,635,748.84 Total Accounts Payable PAYROLL $ 437,829.35 Payroll Checks and Direct Deposits dated 9/24/04 $ 4,140.47 Payroll Deduction check # 98875 thru # 98878 dated 09/24/04 $ 441,969.82 Total Payroll $ 3,077,718.66 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questior 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 9-24 and 10-01.x1s 1 Check Register City of Maplewood vchlist 09/24/2004 11:29:44 AM Check 10/14/2004 Vendor Description/Account Amount 65011 9/23/2004 01632 TONIC SOL - FA L.C. THEATER PERFORMANCE - 9/23 3,000.00 65012 9/28/2004 02780 ACTIVE NETWORK INC, THE RECWARE SAFARI SOFTWARE PACKAGE 32,845.00 SAFARI ANNUAL SOFTWARE MAINT- 9,288.00 65013 9/28/2004 01908 ADMINISTRATION, DEPT OF HARBOR BACKUP -AUG 1,527.70 65014 9/28/2004 02658 AVENET LLC SHORTCUT URLS 390.00 65015 9/28/2004 00157 BARR ENGINEERING CO MASTER PLAN FOR PRIORY PRESERVE 501.00 65016 9/28/2004 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 78.00 MERCH FOR RESALE 39.00 65017 9/28/2004 00198 BOARD OF WATER COMMISSIONERS MONTHLY WATER UTILITIES 5,132.47 65018 9/28/2004 00210 BRAUER & ASSOCIATES, LTD LEGACY PARK DESIGN 3,955.89 AFTON PARK PLNG & DEV 4,539.72 65019 9/28/2004 02929 CNAGLAC LONG TERM CARE INS 819.32 65020 9/28/2004 03222 CONSOLIDATED INV PROP INC PROJ 03-04 RELOCATE SPRINKLER SYS 2,994.00 65021 9/28/2004 00354 CUSTOM FIRE APPARATUS, INC. 4 X 4 MAXIFLEX WITH 4" STORZ 148.00 65022 9/28/2004 00449 EDEN SYSTEMS INC INFORUM GOLD ADDL USER SUPPORT 1,575.00 TRAINING COSTS 600.00 65023 9/28/2004 02113 FURSMAN, RICHARD REIMB FOR BOOKS & TUITION 2,541.48 65024 9/28/2004 02958 GOODPOINTE TECHNOLOGY INC ICON TRAINING & SUPPORT 962.50 65025 9/28/2004 00589 GRAF, DAVE KARATE INSTRUCTOR 237.25 65026 9/28/2004 00748 JAGOE, CAROL REIMB FOR MEAL & MILEAGE 9/21 17.20 65027 9/28/2004 00827 L M C I T CLAIM #11044967 DEDUCTIBLE 7,486.00 CLAIM #11046126 DEDUCTIBLE 383.39 CLAIM #11046126 DEDUCTIBLE 2,381.12 65028 9/28/2004 02568 LABOR ARBITRATION INSTITUTE TRAINING REGISTRATION FEE 265.00 65029 9/28/2004 02613 MAHCO MAHCO SEMINAR 50.00 65030 9/28/2004 00932 MAPLEWOOD BAKERY BIRTHDAY CAKE 15.25 BIRTHDAY CAKES 117.50 65031 9/28/2004 00945 MASYS CORP STRATUS MAINT- OCT 738.68 65032 9/28/2004 01819 MCLEOD USA LOCAL PHONE SRV 8/16 TO 9/15 2,060.44 65033 9/28/2004 03145 MULHOLLAND, NANCY REIMB MILEAGE & WEED WHIP 6/1 - 9/8 17.91 65034 9/28/2004 01160 NEWMAN TRAFFIC SIGNS PROJ 03-22 CARLTON ST -SIGNS 414.60 PROJ 03-26 LEGACY PRKWY -SIGNS 1,456.39 65035 9/28/2004 01961 NEXTEL COMMUNICATIONS WIRELESS SERV 8/10 TO 9/9 2,316.60 65036 9/28/2004 01175 NORTH ST PAUL, CITY OF MONTHLY UTIL 8/9 THRU 9/8 2,619.44 65037 9/28/2004 01213 OLSON, JULIE REIMB FOR TUITION & BOOKS 453.52 65038 9/28/2004 01560 ONYX WASTE SRVS MIDWEST INC RECYCLING -AUG 20,251.19 65039 9/28/2004 02043 OVERHEAD DOOR COMPANY REPLACE SECTION OF GARAGE DOOR 795.05 65040 9/28/2004 02903 PARK CONSTRUCTION CO PROJ 03-22 CARLTON ST -PYMT #3 110,205.95 65041 9/28/2004 01941 PATRICK GRAPHICS & TROPHIES 1ST PLACE SOCCER TROPHIES 1,219.17 65042 9/28/2004 01283 POST BOARD POLICE OFFICER LICENSE - 2 180.00 65043 9/28/2004 01337 RAMSEY COUNTY-PROP REC & REV SPEC ASSESS PAYOFF-PIN#032922110027 512,413.10 65044 9/28/2004 01337 RAMSEY COUNTY-PROP REC & REV SPEC ASSESS PAYOFF-PIN#032922110003 188,832.49 65045 9/28/2004 01337 RAMSEY COUNTY-PROP REC & REV SPEC ASSESS PAYOFF-PIN#032922110007 99,176.73 65046 9/28/2004 01337 RAMSEY COUNTY-PROP REC & REV SPEC ASSESS MGMT FEE PRRLG0003773 6,272.50 65047 9/28/2004 03172 RYAN CONTRACTING COMPANY PROJ 03-26 LEGACY PRKWY PYMT#3 350,890.60 65048 9/28/2004 01397 RYAN PLUMBING & HEATING CO. REPLACE VALVE & PIPE TO FURNACE 602.00 65049 9/28/2004 01455 SHORTREED, MICHAEL REIMB FOR MEAL 9/13 11.00 65050 9/28/2004 02515 ST CROIX LESSON CENTER HORSE RIDING LESSON INSTRUCTOR 1,140.00 65051 9/28/2004 01504 ST PAUL, CITY OF PROJ 03-26 LEGACY PKWY ADMIN FEE 600.00 WIRELESS REPORTING - OCT 3,798.00 65052 9/28/2004 01538 STRETCHER'S LED LOW PROFILE EMERG LIGHTBARS 4,792.50 65053 9/28/2004 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS- 3,235.32 ASPHALT 513.57 65054 9/28/2004 03225 THIENES, PAUL POLICE OFFICER FOR WEDDING 10/2 255.00 65055 9/28/2004 01580 TSE, INC. GROUNDSKEEPING SRVS 7/26 - 8/20 1,658.63 65056 9/28/2004 01683 UNIFORMS UNLIMITED INC LEVEL 3A VEST 769.50 2 Check 10/14/2004 Vendor 65057 9/28/2004 01698 UNITED WAY OF THE ST. PAUL 65058 9/28/2004 01734 WALSH, WILLIAM P. 65059 9/28/2004 01828 WEAVER, KRIS A 65060 9/28/2004 02410 WELLS FARGO LEASING INC 50 Checks in this report Description/Account Amount SHOULDER BOARDS 53.00 BADGE 63.90 QUARTERLY PYMT 826.00 COMM PLBG INSP 214.99 REIMB FOR MEAL & MILEAGE 9/16 41.75 RICOH COPIER LEASE 1,347.00 Total checks : 1,402,126.31 3 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date 10/14/2004 Description Omni int 09/16/04 09/10/04 09/16/04 09/17/04 09/20/04 09/20/04 09/21 /04 09/10/04 09/22/04 09/17/04 09/23/04 09/24/04 09/23/04 09/17/04 09/17/04 09/17/04 09/20/04 09/21 /04 09/21 /04 09/22/04 09/22/04 09/23/04 09/23/04 09/24/04 09/24/04 09/24/04 MN State Treasurer MN Dept of Revenue MN Dept of Natural Resources MN State Treasurer MN State Treasurer Pitney Bowes MN State Treasurer MN Dept of Revenue MN State Treasurer Elan Financial Services* MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources Drivers License/Deputy Registrar Sales Tax DNR electronic licenses Drivers License/Deputy Registrar Drivers License/Deputy Registrar Postage Drivers License/Deputy Registrar Fuel Tax Drivers License/Deputy Registrar Purchasing card items Drivers License/Deputy Registrar Deferred Compensation DNR electronic licenses TOTAL *Detailed listings of Elan purchasing card items are attached. 8,504.20 7,237.00 288.50 7,804.00 15,967.86 2,985.00 17,771.10 241.00 19,455.73 45,695.97 12,219.43 7,828.59 269.50 "14b,Lb/.tits 4 Transaction Review For Transactions posted between 09/04/2004 to 09/17/2004 Post Date Vendor Name 09/06/2004 09/ 10/2004 09/13/2004 09/13/2004 09/ 17/2004 09/ 14/2004 09/ 14/2004 09/06/2004 09/06/2004 09/06/2004 09/ 10/2004 09/13/2004 09/13/2004 09/06/2004 09/08/2004 09/ 10/2004 09/13/2004 09/13/2004 09/ 14/2004 09/ 15/2004 09/ 16/2004 09/ 17/2004 09/09/2004 09/ 15/2004 09/ 16/2004 09/ 10/2004 09/ 16/2004 09/06/2004 09/09/2004 09/ 10/2004 09/ 16/2004 09/08/2004 09/ 17/2004 09/ 16/2004 09/ 16/2004 09/13/2004 09/13/2004 09/13/2004 09/13/2004 09/ 14/2004 09/ 14/2004 09/09/2004 09/09/2004 09/13/2004 09/ 16/2004 09/ 17/2004 09/ 17/2004 09/ 17/2004 09/06/2004 09/ 10/2004 09/ 14/2004 09/ 15/2004 AMERICAN PUBLIC WORKS MARRIOTT 33790 ATL MARQUI VERIZON WRLS I2KW RE3 MARRIOTT 33790 ATL MARQUI MARRIOTT 33790 ATL MARQUI G & K SERVICES 006 G & K SERVICES 006 BROWNELLS INC MN PHOTO AIRGAS NORTH CENTRAL 154 SHRED-IT AIRGAS NORTH CENTRAL 302 VIKING ELECTRIC-ST. PAUL POOLSIDE MINNESOTA ELEVATOR INC ALL MAIN STREET ELEC HENRIKSEN ACE HARDWARE HENRIKSEN ACE HARDWARE VERIZON WRLS I2KW RE3 HENRIKSEN ACE HARDWARE HORIZON POOL SUPPLY AQUA LOGIC INC GREEN EARTH OFFICE SUPPL MENARDS 3059 MENARDS 3059 HEJNY RENTALS INC FESTIVAL FOODS #1 KMART 00071068 WMS WASTE MGMT WMEZPAY THE STAR TRIBUNE-CIRCULAT ANDON INC. S & T OFFICE PRODUCTS ARBY'S #214 Q52 MARSHALL FLDS 00020172 CUB FOODS, INC. VRZN WRLS VZSRVE W RE3 GLENWOOD-INGLEWOOD WASTE MANAGEMENT WASTE MANAGEMENT G & K SERVICES 006 G & K SERVICES 006 THE UPS STORE #2171 SOFTWARE HOUSE INTL OFFICE MAX 00002204 SOFTWARE HOUSE INTL OFFICE MAX 00002204 LBF INTERNATION NEW ATLANTA COMMU01 OF O1 UPS 1Z9866T20390013619 COMPUSA 294 COMPUSA #197 FILMTOOLS #2 Settlement Amt Cardholder Name 9/20/2004 545.00 R CHARLES AHL 158.46 R CHARLES AHL 38,274.00 R CHARLES AHL -158.46 R CHARLES AHL 644.83 R CHARLES AHL 798.77 BRUCE K ANDERSON 209.92 BRUCE K ANDERSON 100.31 SCOTT ANDREWS 239.81 JOHN BANICK 795.30 JOHN BANICK 173.16 JOHN BANICK 881.31 JOHN BANICK 184.93 JIM BEHAN 153.57 JIM BEHAN 780.00 JIM BEHAN 528.00 JIM BEHAN 14.63 JIM BEHAN 50.98 JIM BEHAN 96.12 JIM BEHAN 26.05 JIM BEHAN 73.03 JIM BEHAN 92.13 JIM BEHAN 169.78 OAKLEY BIESANZ 48.37 ROGER BREHEIM 20.79 ROGER BREHEIM 155.92 MELINDA COLEMAN 140.34 MELINDA COLEMAN 38.34 LINDA CROSSON 804.10 LINDA CROSSON 52.65 LINDA CROSSON 21.30 LINDA CROSSON 132.38 ROBERTA DARST 5.34 RICHARD DOBLAR 38.00 ALICE DUNN 161.10 THOMAS G EKSTRAND 81.94 DANIEL F FAUST 106.34 DAVID FISHER 328.64 DAVID FISHER 328.64 DAVID FISHER 275.50 DAVID FISHER 710.49 DAVID FISHER 21.16 MYCHAL FOWLDS 28.76 MYCHAL FOWLDS 22.30 MYCHAL FOWLDS 492.04 MYCHAL FOWLDS 58.53 MYCHAL FOWLDS 21.25 MYCHAL FOWLDS 695.00 MYCHAL FOWLDS 5.80 NICK FRANZEN 61.76 NICK FRANZEN 1,703.96 NICK FRANZEN -35.55 NICK FRANZEN 5 Post Date Vendor Name Settlement Amt Cardholder Name 09/15/2004 COMPUSA 294 202.29 NICK FRANZEN 09/08/2004 DAMS WATER EQUIPMENT CO 977.93 RONALD FREBERG 09/13/2004 GRUBERS POWER EQUIPMENT 3.65 RONALD FREBERG 09/14/2004 S & T OFFICE PRODUCTS 39.29 PATRICIA FRY 09/14/2004 S & T OFFICE PRODUCTS 48.78 PATRICIA FRY 09/14/2004 S & T OFFICE PRODUCTS 14.77 PATRICIA FRY 09/16/2004 RAINBOW FOODS 1-886 80.00 PATRICIA FRY 09/10/2004 LANDSCAPE ALTERNATIVES IN 475.80 VIRGINIA GAYNOR 09/08/2004 S & T OFFICE PRODUCTS 81.65 JEAN GLASS 09/13/2004 SUPERAMERICA 4089 21.30 MIKE GRAF 09/13/2004 DEGE GARDEN CENTER 30.86 JANET M GREW HAYMAN 09/13/2004 PROPERTYKEY.COM, INC. 50.00 KAREN E GUILFOILE 09/14/2004 VERIZON WRLS I2KW RE3 66.58 KAREN E GUILFOILE 09/13/2004 MN PHOTO 296.92 JODI HALWEG 09/06/2004 S & T OFFICE PRODUCTS 116.51 LORI HANSON 09/10/2004 S & T OFFICE PRODUCTS 256.32 LORI HANSON 09/15/2004 S & T OFFICE PRODUCTS -116.51 LORI HANSON 09/15/2004 S & T OFFICE PRODUCTS -233.02 LORI HANSON 09/15/2004 LILLIE SUBURBAN NEWSP 785.53 LORI HANSON 09/15/2004 PANERA BREAD #3459 32.75 LORI HANSON 09/16/2004 APPLEBEE'S MAP00161067 115.25 LORI HANSON 09/16/2004 REED BUS INFO ACCT REC 1,818.32 LORI HANSON 09/06/2004 THE HOME DEPOT 2801 32.95 RON HORWATH 09/06/2004 POOLSIDE 176.42 RON HORWATH 09/06/2004 JOANN ETC #1970 28.72 RON HORWATH 09/10/2004 AMERICAN RED CROSOI OF O1 469.00 RON HORWATH 09/13/2004 AMERICAN RED CROSOI OF O1 80.00 RON HORWATH 09/14/2004 T J T-SHIRTS 340.00 RON HORWATH 09/09/2004 BATTERIES PLUS 2.76 STEVE HURLEY 09/10/2004 CIRCUIT CITY SS #3137 21.29 STEVE HURLEY 09/10/2004 NEXTEL WIRELESS SVCS 200.76 STEVE HURLEY 09/10/2004 HP DIRECT-PUBLICSECTOR 436.65 STEVE HURLEY 09/10/2004 HP DIRECT-PUBLICSECTOR 436.65 STEVE HURLEY 09/13/2004 RICON CORPORATIONOI OF O1 323.76 STEVE HURLEY 09/15/2004 UNEQ INC 706.95 STEVE HURLEY 09/13/2004 NEXTEL WIRELESS SVCS 52.00 STEVE HURLEY 09/06/2004 OFFICE MAX 00002204 56.65 ANN E HUTCHINSON 09/09/2004 NYSTROM PUBLISHING 818.99 ANN E HUTCHINSON 09/10/2004 ALL MAIN STREET ELEC 985.00 ANN E HUTCHINSON 09/13/2004 NEXTEL WIRELESS SVCS 48.68 ANN E HUTCHINSON 09/16/2004 HEJNY RENTALS INC 692.94 ANN E HUTCHINSON 09/10/2004 MENARDS 3059 13.82 SCOTT JACOBSON 09/17/2004 THE HOME DEPOT 2801 47.64 DAVID JAHN 09/16/2004 ARBY'S #214 Q52 10.68 KEVIN JOHNSON 09/15/2004 NORTHERN TOOL EQUIPMNT 10.61 DON JONES 09/16/2004 HEJNY RENTALS INC 40.43 DON JONES 09/06/2004 WORLD FOOTLOCKER #5032 84.99 FLINT KARIS 09/06/2004 MENARDS 3059 101.79 MARY B KOEHNEN 09/10/2004 SPRI PRODUCTS 64.50 MARY B KOEHNEN 09/10/2004 FITNESS WHOLESALE INC 41.95 MARY B KOEHNEN 09/13/2004 TARGET 00011858 35.52 MARY B KOEHNEN 09/06/2004 MIDWEST SIGN/SCRN PRNTG S 28.65 HEATHER KOS 09/13/2004 MUSEUM PRODUCTS 135.48 HEATHER KOS 09/16/2004 BLUE RIBBON BAIT & TACKLE 15.44 HEATHER KOS 09/10/2004 WILLIAM J BUS INTERIORS 659.32 DAVID KVAM 09/13/2004 GLOCKMEISTER 18.00 DAVID KVAM 6 Post Date Vendor Name 09/ 15/2004 09/06/2004 09/ 17/2004 09/09/2004 09/ 14/2004 09/ 14/2004 09/13/2004 09/13/2004 09/06/2004 09/ 10/2004 09/ 10/2004 09/13/2004 09/13/2004 09/13/2004 09/ 14/2004 09/ 17/2004 09/ 14/2004 09/ 17/2004 09/ 17/2004 09/ 17/2004 09/ 14/2004 09/ 14/2004 09/ 14/2004 09/ 15/2004 09/ 16/2004 09/06/2004 09/06/2004 09/ 15/2004 09/ 15/2004 09/ 16/2004 09/09/2004 09/13/2004 09/09/2004 09/13/2004 09/13/2004 09/ 15/2004 09/ 16/2004 09/ 16/2004 09/06/2004 09/06/2004 09/06/2004 09/06/2004 09/09/2004 09/ 10/2004 09/13/2004 09/13/2004 09/ 15/2004 09/ 15/2004 09/ 17/2004 09/09/2004 09/13/2004 09/ 17/2004 09/ 17/2004 09/ 10/2004 09/13/2004 09/ 17/2004 UNIFORMS UNLIMITED INC VERIZON WRLS I2KW RE3 CUB FOODS, INC. CARQUEST #2110 OFFICE MAX 00005272 MENARDS 3022 WASTE MANAGEMENT NEXTEL WIRELESS SVCS HENRIKSEN ACE HARDWARE JOHNSON RADIO COMM TWIN CITY HARDWARE AMERICAN FASTENER00 OF 00 ON SITE SANITATION, IN WASTE MANAGEMENT G & K SERVICES 006 DAMS/SUN TURF/ST. PAUL COLLINS ELECTRICAL CONSTR SPRINTPCS AUTOPYMT RC1 S & T OFFICE PRODUCTS USPS 2663650009 G & K SERVICES 006 G & K SERVICES 006 G & K SERVICES 006 S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS WINNICK SUPPLY INC ESS BROTHERS & SONS INC. WINNICK SUPPLY INC DAMS WATER EQUIPMENT CO THE HOME DEPOT 2801 QWEST COMMUNICATION PROPERTYKEY.COM, INC. FRATTALLONE'S ACE HDWE CIRCUIT CITY SS #3137 OFFICE MAX 00002204 BEST BUY 00000109 RADIO SHACK 00161133 DR WINAVI VIDEO CONVE AMERICAN FASTENER00 OF 00 KATH AUTO PARTS KATH AUTO PARTS VERMEER SALES & SERVICE TRUCK UTILITES INC SUNRAY BTB TOUSLEY FORD I27200039 MAC QUEEN EQUIPMENT IN SUNRAY BTB KATH AUTO PARTS EGI U S DIARY MCFARLANE MEDIA MINNESOTA WOMENS PRESS I THE STAR TRIBUNE-ADVERTIS ST PAUL RECORDER PUBLISHI DALCO ENTERPRISES, INC 4 ACE PRODUCTIONS METRO ATHLETIC SUPPLY Settlement Amt Cardholder Name 164.28 DAVID KVAM 45.49 SHERYL L LE 5.99 SHERYL L LE 47.14 MICHAEL LIDBERG 30.83 MICHAEL LIDBERG 255.17 DENNIS LINDORFF 237.20 STEVE LUKIN 758.62 STEVE LUKIN 474.98 MARK MARUSKA 163.00 MARK MARUSKA 20.24 MARK MARUSKA 19.39 MARK MARUSKA 65.16 MARK MARUSKA 725.77 MARK MARUSKA 477.14 MARK MARUSKA 135.74 MARK MARUSKA 336.00 ED NADEAU 101.11 BRYAN NAGEL 127.52 JEAN NELSON 0.83 JEAN NELSON 426.44 AMY NIVEN 127.76 AMY NIVEN 242.60 AMY NIVEN 222.44 AMY NIVEN 18.28 AMY NIVEN 288.81 ERICK OSWALD 532.50 ERICK OSWALD 22.11 ERICK OSWALD 441.61 ERICK OSWALD 36.16 ERICK OSWALD 629.00 MARSHA PACOLT 50.00 DENNIS PECK 8.48 ROBERT PETERSON 65.96 PHILIP F POWELL 100.05 PHILIP F POWELL 234.28 PHILIP F POWELL 29.38 PHILIP F POWELL 31.90 PHILIP F POWELL 136.24 STEVEN PRIEM 14.05 STEVEN PRIEM 54.74 STEVEN PRIEM 241.52 STEVEN PRIEM 32.57 STEVEN PRIEM 80.72 STEVEN PRIEM 22.87 STEVEN PRIEM 536.76 STEVEN PRIEM 27.66 STEVEN PRIEM 11.98 STEVEN PRIEM 373.16 KEVIN RABBETT 308.84 TERRIE RAMEAUX 120.00 TERRIE RAMEAUX 1,261.00 TERRIE RAMEAUX 86.60 TERRIE RAMEAUX 13.92 MICHAEL REILLY 275.00 AUDRA ROBBINS 662.22 AUDRA ROBBINS 7 Post Date Vendor Name 09/13/2004 09/ 15/2004 09/ 16/2004 09/ 17/2004 09/06/2004 09/08/2004 09/ 17/2004 09/13/2004 09/ 14/2004 09/08/2004 09/13/2004 09/13/2004 09/13/2004 09/ 10/2004 09/ 10/2004 09/ 17/2004 09/ 17/2004 09/ 14/2004 09/ 15/2004 09/06/2004 09/08/2004 09/ 15/2004 09/ 16/2004 09/06/2004 09/06/2004 09/06/2004 09/ 10/2004 09/ 17/2004 09/06/2004 09/08/2004 09/08/2004 09/09/2004 09/09/2004 09/09/2004 09/ 10/2004 09/ 10/2004 09/ 15/2004 09/ 15/2004 09/ 15/2004 09/ 16/2004 09/ 17/2004 09/ 17/2004 09/06/2004 09/07/2004 09/07/2004 09/07/2004 09/07/2004 09/07/2004 09/07/2004 09/07/2004 09/07/2004 09/07/2004 09/07/2004 09/ 10/2004 09/13/2004 09/09/2004 GOPHER BEARING COMPANY IN MENARDS 3022 MENARDS 3022 MILLS FLEET FARM #27 S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS OFFICE MAX 00002204 G & K SERVICES 006 DGI DYNAMIC GRAPHICS YELLOW BOOK USA SPARTAN PROMOTIONAL GRP OFFICE MAX 00002204 CUB FOODS, INC. TARGET 00011858 CUB FOODS, INC. TARGET 00011858 NORTHERN TOOL EQUIPMNT THE HOME DEPOT 2801 JEFFERSON FIRE & SAFETY I ANCOM TECHNICAL CENTER IN LIFE LINK III EMERGENCY MEDICAL PROD DALCO ENTERPRISES, INC CUMMINS NPOWER, LLC #100 CRAMER BLDG SERVICES INC DALCO ENTERPRISES, INC DALCO ENTERPRISES, INC HENRIKSEN ACE HARDWARE HIRSHFIELD'S INC ENGRAPHICS INC UHL COMPANY INC UHL COMPANY INC UHL COMPANY INC MUSKA LIGHTING CENTER MUSKA LIGHTING CENTER EL REINHARDT COMPANY INC SEARS ROEBUCK 1122 HIRSHFIELD'S MAPLEWOOD CUMMINS NPOWER, LLC #100 HIRSHFIELD'S MAPLEWOOD NORTHERN FRAMES AND GALLE QWESTCOMM TN651 QWESTCOMM TN612 QWESTCOMM TN612 QWESTCOMM TN612 QWESTCOMM TN612 QWESTCOMM TN612 QWESTCOMM TN612 QWESTCOMM TN612 QWESTCOMM TN612 QWESTCOMM TN612 QWESTCOMM TN612 PIONEER PRESS SUBSCRIPTI BELLAGIO DESIGNS LLC OFFICE DEPOT #0310 Settlement Amt Cardholder Name 51.85 JAMES SCHINDELDECKER 234.11 JAMES SCHINDELDECKER 165.08 JAMES SCHINDELDECKER 36.31 JAMES SCHINDELDECKER 50.01 DEB SCHMIDT -50.25 DEB SCHMIDT 380.21 DEB SCHMIDT 19.15 RUSSELL L SCHMIDT 254.99 GERALD SEEGER 158.00 PAULINE STAPLES 555.00 PAULINE STAPLES 207.83 PAULINE STAPLES 45.44 PAULINE STAPLES 49.23 JOANNE M SVENDSEN 45.66 JOANNE M SVENDSEN 24.95 JOANNE M SVENDSEN 22.87 JOANNE M SVENDSEN 57.45 RONALD SVENDSEN 5.26 RONALD SVENDSEN 208.00 RUSTIN SVENDSEN 108.12 RUSTIN SVENDSEN 200.00 RUSTIN SVENDSEN 298.44 RUSTIN SVENDSEN 61.73 LYLE SWANSON 73.08 LYLE SWANSON 766.25 LYLE SWANSON 912.71 LYLE SWANSON 29.61 LYLE SWANSON 418.66 LYLE SWANSON 8.51 LYLE SWANSON 10.65 LYLE SWANSON 65.75 LYLE SWANSON 131.50 LYLE SWANSON 635.00 LYLE SWANSON 11.45 LYLE SWANSON 12.95 LYLE SWANSON 47.51 LYLE SWANSON 54.27 LYLE SWANSON 35.13 LYLE SWANSON 31.98 LYLE SWANSON 11.70 LYLE SWANSON 43.43 LYLE SWANSON 60.26 JUDY TETZLAFF 57.51 JUDY TETZLAFF 57.51 JUDY TETZLAFF 57.51 JUDY TETZLAFF 86.27 JUDY TETZLAFF 86.27 JUDY TETZLAFF 86.27 JUDY TETZLAFF 86.27 JUDY TETZLAFF 115.02 JUDY TETZLAFF 237.24 JUDY TETZLAFF 368.52 JUDY TETZLAFF 318.76 JUDY TETZLAFF 47.94 JUDY TETZLAFF 6.28 JOSEPH WATERS 8 Post Date Vendor Name 09/06/2004 USPS 2663650015 09/13/2004 AFFORDABLE ENGRAVING Settlement Amt Cardholder Name 37.00 JUDY WEGWERTH 9.59 SUSAN ZWIEG 45,695.97 vchlist 10/04/2004 4:03:41 PM Check Register City of Maplewood Check 10/14/2004 Vendor Description/Account Amount 65061 9/27/2004 01389 ROSSMAN, DAVID COBRA CONTINUATION -MAR THRU AUG 5,474.34 65062 9/27/2004 03226 DAKOTA GOUTY DEPUTY SHERIFF'S TRAINING SEMINAR 10.00 65063 9/28/2004 03227 THIES TALLE MANAGEMENT INC PROJ #02-07 CTY RD D EASEMENT 30,000.00 65064 9/29/2004 03153 BLUE RHINO STUDIO INC NATURE CENTER EXHIBIT RENOVATION 15,000.00 65065 10/5/2004 03232 3M MALE CHORUS/MELLOW FELLOWS NC CELEBRATION -SINGING 100.00 65066 10/5/2004 03197 ABSOLUTE FLOORING INC REMOVE & REPLACE EXISTING CARPET, ALSO 2,660.50 65067 10/5/2004 02059 AFSCME COUNCIL 14 FMLA BENEFITS - 5 PAYROLLS 68.65 65068 10/5/2004 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 9/11 TO 9/21 992.13 65069 10/5/2004 03154 ARNDT, SCOTT REF GRADING ESC - 1509 HALLER CT 1,563.36 65070 10/5/2004 00162 BAUMAN, GAYLE REIMB FOR MEALS & LODGING 9/21 TO 9/24 435.07 REIMB FOR MILEAGE 9/28 13.63 65071 10/5/2004 00174 BELDE, STAN K-9 HANDLER - OCT 35.00 65072 10/5/2004 03233 BELLAMY, AARON NC CELEBRATION -SOUND SYSTEM 200.00 65073 10/5/2004 01936 BERGO, CHAD REIMB FOR CABLE INTERNET SRV - OCT 9.99 65074 10/5/2004 03153 BLUE RHINO STUDIO INC NATURE CENTER EXHIBIT RENOVATION 15,000.00 65075 10/5/2004 00198 BOARD OF WATER COMMISSIONERS MONTHLY WATER UTIL 314.72 65076 10/5/2004 00204 BONESTROO & ASSOCIATES PROF SRVS -AUG 2,838.00 65077 10/5/2004 03050 BOURGOIN, KEITH REF GRADING ESC - 2140 ARCADE STN 1,000.00 65078 10/5/2004 03174 BOWMAN, WILLIS NC CELEBRATION -PUPPET PERF 100.00 65079 10/5/2004 00211 BRAUN INTERTEC CORP. PROJ 03-18 PROF SRVS THRU 9/30 1,755.50 PROJ 03-22 PROF SRVS THRU 9/3 1,441.10 PROJ 03-26 PROF SRVS THRU 9/3 2,860.78 PROJ 02-07 PROF SRVS THRU 9/3 3,042.10 65080 10/5/2004 01922 BREHEIM, ROGER REIMB FOR PERS CELL PHONE - OCT 15.00 65081 10/5/2004 00262 CARLE, JEANETTE REIMB FOR MEAL & MILEAGE 9/8 - 9/21 17.20 65082 10/5/2004 02881 CARLSON SEWER & WATER REF OPEN-CUT ESC - 2061 WOODLYN AVE 2,632.81 65083 10/5/2004 00279 GEMSTONE PRODUCTS CO. CEMENT 549.41 65084 10/5/2004 00494 CHILDREN HOME & FAMILY SERVICE YOUTH DIVERSION SRVS - SEP 3,423.42 65085 10/5/2004 03131 CIRCUITWORKS SERVICE OPEN CELL BATTERY ALARM 502.57 65086 10/5/2004 02746 CLOVER SUPER FOODS INC MERCH FOR RESALE 296.70 65087 10/5/2004 00307 COLLINS ELECTRICAL CONST. CO. REPAIR PEDESTRIAN SIGNAL 84.00 65088 10/5/2004 02974 CORBAN GROUP INC, THE CONSULTANT FEE FOR RMS 349.00 65089 10/5/2004 00354 CUSTOM FIRE APPARATUS, INC. REPAIR PARTS FOR TANKER 4 224.28 65090 10/5/2004 02044 DARST, ROBERTA REIMB FOR MILEAGE 1/1 TO 9/30 12.19 65091 10/5/2004 00384 DE LAGE LANDEN FINANCIAL SRVS COPIER LEASE 511.20 65092 10/5/2004 00487 F.M. FRATTALONE EXC INC PROJ 02-07 CTY RD D PYMT#7 30,179.02 65093 10/5/2004 00487 F.M. FRATTALONE EXC INC REF GRADING ESC - MAPLEWOOD DR N 13,346.16 65094 10/5/2004 00499 FAUST, DANIEL REIMB FOR MGFOA CONF - 9/21 10.00 65095 10/5/2004 02168 FINLEY BROS INC RESURFACE BASKETBALL CRT-TIMBER PK 1,730.00 RESURFACE BASKETBALL CRT-NEBRASKA 1,530.00 RESURFACE BASKETBALL CRT- ROBINHOOD PK 1,870.00 65096 10/5/2004 02308 FLAUGHER, JAYME REIMB FOR UNIFORM 3/1 TO 9/14 95.87 65097 10/5/2004 00529 FORTIS BENEFITS INSURANCE CO STD PLAN 4043120-0-1 - OCT 1,309.93 MONTHLY LTD PREM 2,079.23 65098 10/5/2004 00532 FRANK MADDEN & ASSOCIATES LEGAL SERVICES THRU 8/31 46.00 65099 10/5/2004 02635 G-WHIZ LETTERING SHIRT EMBROIDERY 20.77 65100 10/5/2004 03234 GIEBINK, BRUCE NC CELEBRATION - PETTING ZOO 9/25 50.00 65101 10/5/2004 01965 HEALTH PARTNERS REF AMB 04013624 M MENCKE 500.00 65102 10/5/2004 02945 HEALTHEAST VEHICLE SERVICES REBUILD POLICE VEHICLE 3,049.92 STRINGER CHARGERS 637.50 65103 10/5/2004 00668 HIEBERT, STEVEN K-9 HANDLER - OCT 35.00 65104 10/5/2004 00721 INDEPENDENT SPORTS NETWORK SOFTBALL UMPRING SRVS 9/13 TO 9/22 1,351.25 65105 10/5/2004 00789 KATH FUEL OIL SERVICE CO 6998 GAL UNL MID-GRADE 89 OCTANE GAS 10,756.93 65106 10/5/2004 02728 KIMLEY-HORN & ASSOCIATES INC PROJ 02-07 PROF SRVS THRU 8/31 1,076.10 PROJ 02-07 PROF SRVS THRU 8/31 14,067.12 PROJ 03-22 PROF SRVS THRU 8/31 10,567.98 PROJ 03-26 PROF SRVS THRU 8/31 34,445.79 10 Check 70/74/2004 Vendor Description/Account Amount 65107 10/5/2004 00881 LUKIN, STEVE REIMB FOOD FOR STAND-BY CREWS 8/22 83.82 65108 10/5/2004 02336 M A TAYLOR INC FITNESS CONSULTANT - 3RD QTR 1,550.00 65109 10/5/2004 03141 MAXWELL HOMES REF GRADING ESC - 2642 WHITE OAK CIR 2,614.66 65110 10/5/2004 00985 METROPOLITAN COUNCIL WASTEWATER - OCT 183,923.93 65111 10/5/2004 03077 MIKULAK, BRIAN REF GRADING ESC - 692 FERNDALE ST 2,502.26 65112 10/5/2004 02831 MJF MASONRY & CONCRETE INC REMOVE & REPLACE CONCRETE 1,900.00 REMOVE & REPLACE SIDEWALK 1,975.00 65113 10/5/2004 01085 MN LIFE INSURANCE MONTHLY PREMIUM 3,940.56 65114 10/5/2004 01126 MN NCPERS LIFE INSURANCE PERA LIFE INS -SEP 213.00 65115 10/5/2004 01060 MN STATE FIRE CHIEFS ASSOC ANNUAL CONF OCT 20-24 800.00 65116 10/5/2004 03145 MULHOLLAND, NANCY REIMB FOR MILEAGE 7/7 TO 9/9 44.66 REIMB FOR LABELS 31.94 REIMB FOR SUPPLIES 27.05 65117 10/5/2004 01114 MULVANEY, DENNIS REIMB FOR TOOLS 325.00 65118 10/5/2004 00001 ONE TIME VENDOR REF MARLA JOHNSON -GRADING ESC 500.00 65119 10/5/2004 00001 ONE TIME VENDOR REF JON HENSCHEN -MEMBERSHIP 360.62 65120 10/5/2004 00001 ONE TIME VENDOR REF NGAN NGUYEN -MEMBERSHIP 97.97 65121 10/5/2004 00001 ONE TIME VENDOR REF SUSAN CAHILL -LESSONS 78.00 65122 10/5/2004 00001 ONE TIME VENDOR REF SANDRA DAWSON -SOCCER 50.00 65123 10/5/2004 00001 ONE TIME VENDOR REF MARJORIE JONES -AMB 03018580 45.00 65124 10/5/2004 00001 ONE TIME VENDOR REF KRISTIN JACOBSON -LESSONS 39.00 65125 10/5/2004 00001 ONE TIME VENDOR REF CAROLINE FARINELLA -SOCCER 20.00 65126 10/5/2004 00001 ONE TIME VENDOR REF AMANDA JACOBSON -SOCCER 20.00 65127 10/5/2004 00001 ONE TIME VENDOR REF PAT JOHANNEK -LESSONS 12.50 65128 10/5/2004 01225 OSWALD HOSE & ADAPTERS COUPLING 127.00 65129 10/5/2004 01254 PEPSI-COLA COMPANY MERCH FOR RESALE 598.70 65130 10/5/2004 01281 PORTABLE COMPUTER SYSTEMS, INC 24 -PANASONIC CF 29 LAPTOP COMPUTERS- 1,970.25 24 -PANASONIC CF 29 LAPTOP COMPUTERS- 113,138.10 65131 10/5/2004 01289 PRAIRIE RESTORATIONS INC HERBICIDE TREATMENT -TROUT BROOK 183.82 65132 10/5/2004 00396 PUBLIC SAFETY, DEPT OF TRAINING REGISTRATION FEE - 2 120.00 65133 10/5/2004 00396 PUBLIC SAFETY, DEPT OF TRAINING REGISTRATION FEE - 1 120.00 65134 10/5/2004 02227 RABINE, JANET REIMB FOR UNIFORMS 5/6 TO 9/15 43.96 65135 10/5/2004 01337 RAMSEY COUNTY-PROP REC & REV PROJ 02-07 PROP TAX 032922230008 12,532.00 65136 10/5/2004 01340 REGIONS HOSPITAL PARAMEDIC PROG SUPPLIES 227.10 65137 10/5/2004 01360 REINHART FOODSERVICE MERCH FOR RESALE 555.32 65138 10/5/2004 01387 ROSSINI, DR. JAMES FITNESS PROGRAM -SEP 100.00 65139 10/5/2004 01418 SAM'S CLUB DIRECT MERCH FOR RESALE 108.02 MERCH FOR RESALE 39.15 MERCH FOR RESALE 41.78 MERCH FOR RESALE 52.76 PROGRAM SUPPLIES 232.84 BOARD APPRECIATION PICNIC SUPPLIES 34.28 MERCH FOR RESALE 56.64 MERCH FOR RESALE -2.16 MERCH FOR RESALE 168.45 MERCH FOR RESALE 132.53 PROGRAM SUPPLIES 18.22 65140 10/5/2004 01466 SKYHAWKS SPORTS ACADEMY FLAG FOOTBALL TEACHING CLINIC 774.00 65141 10/5/2004 01489 SPARTAN PROMOTIONAL GROUP INC. CAPS FOR VOLUNTEER PICNIC 1,378.25 65142 10/5/2004 03236 ST MICHAEL, CITY OF TRAINING CONF - 10/28 15.00 65143 10/5/2004 01504 ST PAUL, CITY OF PARAMEDIC SUPPLIES 812.28 65144 10/5/2004 02705 SWAN, DAVE REIMB FOR MEAL 9/9 20.40 65145 10/5/2004 01574 T.A. SCHIFSKY & SONS, INC PROJ 03-18 HAZELWOOD AREA PYMT#4 285,501.28 65146 10/5/2004 01615 THERMO-DYNE, INC. CHECKED & REPAIRED EQUIPMENT 4,386.18 CREDIT LABOR ON INVOCE 31576 -685.75 CREDIT LABOR ON INV 31713 -1,302.00 65147 10/5/2004 02164 TOLTZ, KING, DUVALL, ANDERSON PROJ 01-16 PROF SRVS -AUG 311.94 PROJ 01-29 PROF SRVS -AUG 252.64 65148 10/5/2004 01580 TSE, INC. BUCKTHRON REMOVAL 7/26 TO 8/20 1,646.32 CUSTODIAL SRVS 7/26 - 8/20 889.33 65149 10/5/2004 01734 WALSH, WILLIAM P. COMM PLUMBING INSP 264.80 COMM PLUMBING INSP 829.00 65150 10/5/2004 01750 WATSON CO INC. THE MERCH FOR RESALE 226.46 11 Check 10/14/2004 Vendor Description/Account Amount 90 Checks in this report Total checks : 849,361.08 12 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date 10/14/2004 Description 09/24/04 09/27/04 MN State Treasurer 09/24/04 09/27/04 U.S. Treasurer 09/24/04 09/27/04 P.E.R.A. 09/24/04 09/27/04 Orchard Trust 09/27/04 09/28/04 MN State Treasurer 09/24/04 09/28/04 MN State Treasurer 09/24/04 09/28/04 MSA/Dispatcher Unions 09/24/04 09/28/04 Federal Reserve Bank 09/28/04 09/29/04 MN State Treasurer 09/29/04 09/30/04 MN State Treasurer 09/24/04 09/30/04 WI Dept of Revenue 09/27/04 09/30/04 ARC Administration TOTAL Drivers License/Deputy Registrar Federal Payroll Tax P.E.R.A. Deferred Compensation Drivers License/Deputy Registrar State Payroll Tax Union Dues Savings Bonds Drivers License/Deputy Registrar Drivers License/Deputy Registrar State Payroll Tax DCRP & Flex plan payments Omni int 14,656.27 87,020.37 49,567.38 21,784.78 16,244.28 16,818.14 214.00 200.00 14,899.14 13,715.00 1,381.98 1,492.23 ~:s i , aa:s.5 i 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/24/04 CARDINAL, ROBERT 406.78 dd 09/24/04 JUENEMANN, KATHLEEN 358.00 dd 09/24/04 KOPPEN, MARVIN 358.00 dd 09/24/04 MONAHAN-JUNEK, JACQUELINE 358.00 dd 09/24/04 ROSSBACH, WILLIAM 358.00 dd 09/24/04 COLEMAN, MELINDA 3,792.87 dd 09/24/04 DARST, ROBERTA 1,499.68 dd 09/24/04 FURSMAN, RICHARD 4,629.25 dd 09/24/04 SWANSON, LYLE 1,731.93 dd 09/24/04 LE, SHERYL 3,699.76 dd 09/24/04 RAMEAUX, THERESE 2,197.61 dd 09/24/04 FAUST, DANIEL 3,857.98 dd 09/24/04 SCHMIDT, DEBORAH 1,348.44 dd 09/24/04 ANDERSON, CAROLE 935.53 dd 09/24/04 BAUMAN, GAYLE 3,072.70 dd 09/24/04 JACKSON, MARY 1,766.84 dd 09/24/04 KELSEY, CONNIE 811.60 dd 09/24/04 TETZLAFF, JUDY 1,766.84 dd 09/24/04 FRY, PATRICIA 1,639.64 dd 09/24/04 GUILFOILE, KAREN 2,701.07 dd 09/24/04 OSTER, ANDREA 1,713.08 dd 09/24/04 CARLE, JEANETTE 1,793.29 dd 09/24/04 FIGG, SHERRIE 1,143.39 dd 09/24/04 JAGOE, CAROL 1,786.08 dd 09/24/04 JOHNSON, BONNIE 886.77 dd 09/24/04 MOY, PAMELA 925.31 dd 09/24/04 OLSON, SANDRA 1,217.24 dd 09/24/04 WEAVER, KRISTINE 1,685.28 dd 09/24/04 BANICK, JOHN 3,445.97 dd 09/24/04 CORCORAN, THERESA 1,721.20 dd 09/24/04 POWELL, PHILIP 2,156.41 dd 09/24/04 SPANGLER, EDNA 759.00 dd 09/24/04 THOMALLA, DAVID 3,817.59 dd 09/24/04 ABEL, GLINT 2,075.04 dd 09/24/04 ALDRIDGE, MARK 2,639.43 dd 09/24/04 ANDREWS, SCOTT 3,922.61 dd 09/24/04 BAKKE, LONN 2,284.82 dd 09/24/04 BELDE, STANLEY 2,692.44 dd 09/24/04 BIERDEMAN, BRIAN 1,911.42 dd 09/24/04 BOHL, JOHN 3,156.56 dd 09/24/04 BUSACK, DANIEL 2,181.10 dd 09/24/04 COFFEY, KEVIN 1,728.21 dd 09/24/04 GROTTY, KERRY 2,326.31 dd 09/24/04 DOBLAR, RICHARD 2,933.73 dd 09/24/04 GABRIEL, ANTHONY 1,552.39 dd 09/24/04 HEINZ, STEPHEN 2,628.26 dd 09/24/04 HIEBERT, STEVEN 2,773.86 dd 09/24/04 JOHNSON, KEVIN 5,350.10 dd 09/24/04 KARIS, FLINT 3,145.33 dd 09/24/04 KONG, TOMMY 2,191.50 14 dd 09/24/04 KROLL, BRETT 2,536.14 dd 09/24/04 KVAM, DAVID 3,063.63 dd 09/24/04 CARSON, DANIEL 2,496.50 dd 09/24/04 LU, JOHNNIE 3,131.97 dd 09/24/04 MARINO, JASON 2,253.38 dd 09/24/04 MARTIN, JERROLD 3,187.20 dd 09/24/04 MCCARTY, GLEN 1,767.81 dd 09/24/04 METRY, ALESIA 1,965.96 dd 09/24/04 OLSON, JULIE 2,465.30 dd 09/24/04 RABBETT, KEVIN 3,124.61 dd 09/24/04 STEFFEN, SCOTT 3,707.08 dd 09/24/04 SZCZEPANSKI, THOMAS 2,305.56 dd 09/24/04 TRAN, JOSEPH 3,620.16 dd 09/24/04 WENZEL, JAY 2,444.49 dd 09/24/04 XIONG, KAO 1,929.60 dd 09/24/04 BARTZ, PAUL 2,740.84 dd 09/24/04 BERGERON, JOSEPH 3,653.50 dd 09/24/04 DUGAS, MICHAEL 2,095.08 dd 09/24/04 DUNK, ALICE 3,301.44 dd 09/24/04 ERICKSON, VIRGINIA 2,941.04 dd 09/24/04 EVERSON, PAUL 2,693.61 dd 09/24/04 FLOR, TIMOTHY 2,593.94 dd 09/24/04 FRASER, JOHN 2,476.49 dd 09/24/04 HALWEG, JODI 1,630.04 dd 09/24/04 L'ALLIER, DANIEL 1,543.56 dd 09/24/04 LANGNER, SCOTT 1,935.84 dd 09/24/04 PALMA, STEVEN 2,747.08 dd 09/24/04 PARSONS, KURT 2,229.71 dd 09/24/04 THIENES, PAUL 2,388.54 dd 09/24/04 DAWSON, RICHARD 1,862.47 dd 09/24/04 DUELLMAN, KIRK 1,855.92 dd 09/24/04 JOHNSON, DOUGLAS 1,803.54 dd 09/24/04 NOVAK, JEROME 1,803.54 dd 09/24/04 PETERSON, ROBERT 1,867.44 dd 09/24/04 SVENDSEN, RONALD 1,972.29 dd 09/24/04 GERVAIS-JR, CLARENCE 2,575.00 dd 09/24/04 BAUER, MICHELLE 1,659.25 dd 09/24/04 FEHR, JOSEPH 2,095.10 dd 09/24/04 FLAUGHER, JAYME 1,984.85 dd 09/24/04 HERMANSON, CHAD 412.25 dd 09/24/04 JACKSON, LINDA 1,567.64 dd 09/24/04 LAFFERTY, WALTER 2,095.09 dd 09/24/04 LINK, BRYAN 2,051.57 dd 09/24/04 PACOLT, MARSHA 2,142.40 dd 09/24/04 RABINE, JANET 2,425.90 dd 09/24/04 STAHNKE, JULIE 2,425.89 dd 09/24/04 LUKIN, STEVEN 3,353.68 dd 09/24/04 SVENDSEN, RUSTIN 2,678.00 dd 09/24/04 ZWIEG, SUSAN 1,796.78 dd 09/24/04 DOLLERSCHELL, ROBERT 266.30 dd 09/24/04 AHL, R. CHARLES 4,045.84 dd 09/24/04 NNEN, AMY 1,159.53 dd 09/24/04 PRIEFER, WILLIAM 2,462.94 dd 09/24/04 WEGWERTH, JUDITH 1,715.29 dd 09/24/04 BRINK, TROY 1,848.54 dd 09/24/04 DEBILZAN, THOMAS 1,751.64 dd 09/24/04 EDGE, DOUGLAS 1,796.04 15 dd 09/24/04 JONES, DONALD 1,786.04 dd 09/24/04 DANE, MICHAEL 2,748.86 dd 09/24/04 LUTZ, DAVID 1,790.51 dd 09/24/04 MEYER, GERALD 1,857.33 dd 09/24/04 NAGEL, BRYAN 1,961.87 dd 09/24/04 OSWALD, ERICK 2,090.72 dd 09/24/04 TEVLIN, TODD 1,622.04 dd 09/24/04 CAVETT, CHRISTOPHER 3,056.22 dd 09/24/04 DUCHARME, JOHN 2,274.84 dd 09/24/04 ENGSTROM, ANDREW 1,453.24 dd 09/24/04 JACOBSON, SCOTT 1,519.29 dd 09/24/04 LABEREE, ERIN 2,166.04 dd 09/24/04 LINDBLOM, RANDAL 2,277.07 dd 09/24/04 MURRA, AARON 170.78 dd 09/24/04 PECK, DENNIS 2,618.29 dd 09/24/04 PRIEBE, WILLIAM 2,613.85 dd 09/24/04 VERMEERSCH, CHARLES 2,065.24 dd 09/24/04 ANDERSON, BRUCE 3,764.03 dd 09/24/04 HALL, KATHLEEN 465.49 dd 09/24/04 MARUSKA, MARK 2,513.20 dd 09/24/04 NAUGHTON, JOHN 1,622.04 dd 09/24/04 SCHINDELDECKER, JAMES 1,788.27 dd 09/24/04 BIESANZ, OAKI,EY 1,329.00 dd 09/24/04 HAYMAN, JANET 872.45 dd 09/24/04 HUTCHINSON, ANN 2,092.14 dd 09/24/04 KOS, HEATHER 526.69 dd 09/24/04 NELSON, JEAN 1,115.10 dd 09/24/04 SEEGER, GERALD 517.52 dd 09/24/04 GAYNOR, VIRGINIA 1,918.04 dd 09/24/04 MULHOLLAND, NANCY 497.00 dd 09/24/04 EKSTRAND, THOMAS 2,740.62 dd 09/24/04 KROLL, LISA 1,136.74 dd 09/24/04 LIVINGSTON, JOYCE 873.68 dd 09/24/04 LORSUNG, ROSE 737.00 dd 09/24/04 SINDT, ANDREA 1,554.04 dd 09/24/04 THOMPSON, DEBRA 873.07 dd 09/24/04 YOUNG, TAMELA 1,437.24 dd 09/24/04 FINWALL, SHANN 2,126.04 dd 09/24/04 ROBERTS, KENNETH 2,430.43 dd 09/24/04 CARVER, NICHOLAS 2,561.82 dd 09/24/04 FISHER, DAVID 3,022.43 dd 09/24/04 MENNENGA, JOHN 936.00 dd 09/24/04 RICE, MICHAEL 1,810.04 dd 09/24/04 SWAN, DAVID 1,898.04 dd 09/24/04 KONEWKO, DUWAYNE 2,548.44 dd 09/24/04 ANZALDI, MANDY 703.50 dd 09/24/04 BJORK, ALICIA 126.88 dd 09/24/04 FINN, GREGORY 2,011.89 dd 09/24/04 GOODRICH, CHAD 347.70 dd 09/24/04 GRAF, MICHAEL 1,728.26 dd 09/24/04 KELLY, LISA 1,176.92 dd 09/24/04 LUSHANKO, ADAM 112.00 dd 09/24/04 OHLHAUSER, MEGHAN 271.88 dd 09/24/04 ROBBINS, AUDRA 1,872.13 dd 09/24/04 SHERRILL, CAITLIN 213.75 dd 09/24/04 TAUBMAN, DOUGLAS 2,639.27 dd 09/24/04 WERNER, KATIE 180.63 16 dd 09/24/04 BREHEIM, ROGER 1,790.49 dd 09/24/04 NORDQUIST, RICHARD 1,894.91 dd 09/24/04 SCHULTZ, SCOTT 1,959.64 dd 09/24/04 COLEMAN, PHILIP 260.00 dd 09/24/04 COLLINS, ASHLEY 107.80 dd 09/24/04 CRAWFORD - JR, RAYMOND 150.15 dd 09/24/04 CROSSON, LINDA 2,338.51 dd 09/24/04 FONTAINE, ANTHONY 705.63 dd 09/24/04 KAZISTOVA, ALEKSANDRA 173.90 dd 09/24/04 PELOQUIN, PENNYE 531.29 dd 09/24/04 SCHMIDT, RUSSELL 1,790.55 dd 09/24/04 STAPLES, PAULINE 2,720.85 dd 09/24/04 BRENEMAN, NEIL 306.71 dd 09/24/04 ERICKSON-CLARK, CAROL 89.00 dd 09/24/04 GREDVIG, ANDERS 90.75 dd 09/24/04 HORWATH, RONALD 1,783.14 dd 09/24/04 KOEHNEN, AMY 85.40 dd 09/24/04 KOEHNEN, MARY 1,145.23 dd 09/24/04 KRONHOLM, KATHRYN 395.03 dd 09/24/04 OVERBY, ANNA 18.65 dd 09/24/04 SMITH, ANN 54.00 dd 09/24/04 TUPY, HEIDE 58.20 dd 09/24/04 TUPY, MARCUS 208.00 dd 09/24/04 GROPPOLI, LINDA 330.75 dd 09/24/04 KURKOSKI, STEPHANIE 56.00 dd 09/24/04 BEHAN, JAMES 1,668.76 dd 09/24/04 LONETTI, JAMES 987.33 dd 09/24/04 MILES, LAURA 62.55 dd 09/24/04 PATTERSON, ALBERT 1,023.72 dd 09/24/04 PRINS, KELLY 915.33 dd 09/24/04 REILLY, MICHAEL 1,549.24 dd 09/24/04 STEINHORST, JEFFREY 54.25 dd 09/24/04 AICHELE, CRAIG 1,838.68 dd 09/24/04 PRIEM, STEVEN 2,008.44 dd 09/24/04 BERGO, CHAD 2,071.54 dd 09/24/04 FOWLDS, MYCHAL 2,086.53 dd 09/24/04 FRANZEN, NICHOLAS 1,672.20 dd 09/24/04 HURLEY, STEPHEN 2,991.94 dd 09/24/04 ARNOLD, DAVID 0.00 dd 09/24/04 BECKER, RONALD 0.00 dd 09/24/04 BURKE, MYLES 0.00 dd 09/24/04 CAHANES, ANTHONY 0.00 dd 09/24/04 CLAUSON, DALE 0.00 dd 09/24/04 DREGER, RICHARD 0.00 dd 09/24/04 ELIAS, JAMES 0.00 dd 09/24/04 HALWEG, KEVIN 0.00 dd 09/24/04 MARTINSON, CAROL 0.00 dd 09/24/04 MEEHAN, JAMES 0.00 dd 09/24/04 MELANDER, JON 0.00 dd 09/24/04 MOESCHTER, RICHARD 0.00 dd 09/24/04 MORELLI, RAYMOND 0.00 dd 09/24/04 NELSON, CAROL 0.00 dd 09/24/04 OSTROM, MARJORIE 0.00 dd 09/24/04 ROSSMAN, DAVID 0.00 dd 09/24/04 RYAN, MICHAEL 0.00 dd 09/24/04 SKALMAN, DON 0.00 dd 09/24/04 STAFNE, GREG 0.00 17 dd 09/24/04 STOCKTON, DERRELL 0.00 dd 09/24/04 SVENDSEN, BRANDON 0.00 dd 09/24/04 URBANSKI, HOLLY 0.00 dd 09/24/04 VIETOR, LORRAINE 0.00 dd 09/24/04 VORWERK, ROBERT 0.00 dd 09/24/04 WINGER, DONALD 0.00 wf 98644 09/24/04 INGVOLDSTAD, CURTIS 50.00 wf 98645 09/24/04 KARSTENS, BRAD 62.50 wf 98646 09/24/04 CARLSON, STEVEN 1,802.91 wf 98647 09/24/04 JAHN, DAVID 1,588.04 wf 98648 09/24/04 MALDONADO, JUANA 694.79 wf 98649 09/24/04 MORIN, TROY 199.75 wf 98650 09/24/04 MATHEYS, ALANA 1,847.41 wf 98651 09/24/04 GENNOW, PAMELA 208.00 wf 98652 09/24/04 HANSEN, LORI 2,141.54 wf 98653 09/24/04 ANDERSON, CYNTHIA 72.00 wf 98654 09/24/04 ANDERSON, ELSIE 198.00 wf 98655 09/24/04 ANDERSON, RONALD 72.00 wf 98656 09/24/04 ANDERSON, SUZANNE 112.00 wf 98657 09/24/04 BARRETT, MARLIS 132.00 wf 98658 09/24/04 BARTELT, JOAN 144.00 wf 98659 09/24/04 BELLAND, JAIME 132.00 wf 98660 09/24/04 BERGER, CAROLE 136.00 wf 98661 09/24/04 BERGER, MERVIN 198.00 wf 98662 09/24/04 BERRY, ROBERT 138.00 wf 98663 09/24/04 BORTZ, JEANNE 68.00 wf 98664 09/24/04 BOWMAN, KIM 136.00 wf 98665 09/24/04 BREIDENSTEIN, ANNA 136.00 wf 98666 09/24/04 BUNDE, JENNETTE 138.00 wf 98667 09/24/04 CAHANES, LUCILLE 192.50 wf 98668 09/24/04 CARR, ROBERT 80.00 wf 98669 09/24/04 CLELAND, ANN 64.00 wf 98670 09/24/04 COFIELD, NORA 100.00 wf 98671 09/24/04 CONNELLY, THOMAS 132.00 wf 98672 09/24/04 CONNOLLY, COLLEEN 116.00 wf 98673 09/24/04 DAVIDSON, MAE 136.00 wf 98674 09/24/04 DAVIDSON, MARIANNE 132.00 wf 98675 09/24/04 DESAI, BHUPAT 198.00 wf 98676 09/24/04 DICKSON, HELEN 108.00 wf 98677 09/24/04 DROEGER, DIANE 192.50 wf 98678 09/24/04 DUCHARME, FRED 220.00 wf 98679 09/24/04 DUELLMAN, AUDREY 247.50 wf 98680 09/24/04 EICKHOFF, CAROLYN 136.00 wf 98681 09/24/04 ERICKSON, ELIZABETH 144.00 wf 98682 09/24/04 FISCHER, LORRAINE 214.50 wf 98683 09/24/04 FISCHER, MARY 140.00 wf 98684 09/24/04 FITZGERALD, DECOKES 80.00 wf 98685 09/24/04 FOSBURGH, ANNE 144.00 wf 98686 09/24/04 FRANZEN, JAMES 128.00 wf 98687 09/24/04 FREER, MARY JO 140.00 wf 98688 09/24/04 FULLER, MARY 144.00 wf 98689 09/24/04 GIERZAK, CLARICE 132.00 wf 98690 09/24/04 GILSTAD, MARK 80.00 wf 98691 09/24/04 GOLASKI, DIANE 203.50 wf 98692 09/24/04 GRANGER, BETTY 60.00 wf 98693 09/24/04 GRANT, GUY 104.00 wf 98694 09/24/04 GRANT, MARY 136.00 18 wf 98695 09/24/04 GRELS, RONALD 136.00 wf 98696 09/24/04 HECHT, LLOYD 136.00 wf 98697 09/24/04 HEININGER, GORDON 140.00 wf 98698 09/24/04 HENSLEY, PATRICIA 144.00 wf 98699 09/24/04 HINES, CONSTANCE 80.00 wf 98700 09/24/04 HOLZEMER, MARY 104.00 wf 98701 09/24/04 HORTON, SHIRLEE 138.00 wf 98702 09/24/04 IVERSEN, MILDRED 64.00 wf 98703 09/24/04 JANACEK, JEFFREY 116.00 wf 98704 09/24/04 JEFFERSON, GWENDOLYN 136.00 wf 98705 09/24/04 JOHANNESSEN, JUDITH 132.00 wf 98706 09/24/04 JOHNSON, BARBARA 140.00 wf 98707 09/24/04 JONES, VICTORIA 144.00 wf 98708 09/24/04 KING, HELEN 136.00 wf 98709 09/24/04 KIRCHOFF, HAROLD 72.00 wf 98710 09/24/04 KOCH, ROSEMARY 132.00 wf 98711 09/24/04 KOLASA, JOAN 132.00 wf 98712 09/24/04 KOLASA, JOSEPH 140.00 wf 98713 09/24/04 KOVAL, HARRY 72.00 wf 98714 09/24/04 KREKELBERG, MONA 136.00 wf 98715 09/24/04 KROMINGA, JOSEPHINE 140.00 wf 98716 09/24/04 KUNDE, MARGARET 132.00 wf 98717 09/24/04 LACKNER, MARVELLA 148.00 wf 98718 09/24/04 LALLY, RITA 187.00 wf 98719 09/24/04 CARSON, ANITA 96.00 wf 98720 09/24/04 LAUREN, LORRAINE 60.00 wf 98721 09/24/04 LEITER, BARBARA 128.00 wf 98722 09/24/04 LEO, ANN 80.00 wf 98723 09/24/04 LEO, PATRICIA 48.00 wf 98724 09/24/04 LINCOWSKI, STEVEN 96.00 wf 98725 09/24/04 LINCOWSKI, VIOLA 136.00 wf 98726 09/24/04 LOFGREN, DECOKES 88.00 wf 98727 09/24/04 LOFGREN, RICHARD 148.00 wf 98728 09/24/04 LUNDGREN, ROBERT 52.00 wf 98729 09/24/04 LUTTRELL, SHIRLEY 242.00 wf 98730 09/24/04 MAEYAERT, PAUL 140.00 wf 98731 09/24/04 MAHRE, CAROL 198.00 wf 98732 09/24/04 MAHRE, GERALDINE 140.00 wf 98733 09/24/04 HANDERS, ROSE 132.00 wf 98734 09/24/04 MANTHEY, JOHN 72.00 wf 98735 09/24/04 MARSH, DECOKES 100.00 wf 98736 09/24/04 MASKREY, THOMAS 88.00 wf 98737 09/24/04 MECHELKE, GERALDINE 116.00 wf 98738 09/24/04 MECHELKE, MARYLOU 136.00 wf 98739 09/24/04 MEYER, JACQUELINE 132.00 wf 98740 09/24/04 MISGEN, JOAN 136.00 wf 98741 09/24/04 HOLLERS, KATHERINE 144.00 wf 98742 09/24/04 MOSSONG, BETTY 140.00 wf 98743 09/24/04 NIEMAN, JAMES 140.00 wf 98744 09/24/04 NIETERS, LOUISE 188.00 wf 98745 09/24/04 NORBERG, ANN 96.00 wf 98746 09/24/04 ORLANDO, SALLYE 104.00 wf 98747 09/24/04 PAULEY, PHYLLIS 132.00 wf 98748 09/24/04 PEHL, DAVID 156.00 wf 98749 09/24/04 ROBINSON, ROBERT 138.00 wf 98750 09/24/04 ROSSOW, KENNETH 138.00 wf 98751 09/24/04 RUDEEN, ELAINE 108.00 19 wf 98752 09/24/04 SAJEVIC, FLORENCE 72.00 wf 98753 09/24/04 SCHAAF, LARRY 140.00 wf 98754 09/24/04 SCHNEIDER, MARY 88.00 wf 98755 09/24/04 SCHOENECKER, SANDRA 104.00 wf 98756 09/24/04 SCHROEPFER, DONALD 136.00 wf 98757 09/24/04 SCHROEPFER, HARRIET 132.00 wf 98758 09/24/04 SCHULTE, PAULA 100.00 wf 98759 09/24/04 SHAUL, CHRISTOPHER 144.00 wf 98760 09/24/04 SHORES, TERESA 84.00 wf 98761 09/24/04 SPANGLER, ROBERT 136.00 wf 98762 09/24/04 SPIES, LOUIS 124.00 wf 98763 09/24/04 STAFKI, TIM 80.00 wf 98764 09/24/04 STARK, DAVID 92.00 wf 98765 09/24/04 STEVENS, SANDRA 144.00 wf 98766 09/24/04 TAYLOR, LORRAINE 132.00 wf 98767 09/24/04 THOMPSON, MILD 192.50 wf 98768 09/24/04 THOMPSON, PATRICIA 187.00 wf 98769 09/24/04 TILLMAN, LEILA 138.00 wf 98770 09/24/04 TOLBERT, D-FRANKLIN 136.00 wf 98771 09/24/04 TOMASZEWSKI, CARMEN 132.00 wf 98772 09/24/04 TRIPPLER, DALE 128.00 wf 98773 09/24/04 TUCKER, CECILIA 56.00 wf 98774 09/24/04 URBANSKI, HOLLY 198.00 wf 98775 09/24/04 VAN BLARICOM, BEULAH 140.00 wf 98776 09/24/04 VANDEVEER, BARBARA 144.00 wf 98777 09/24/04 VATNE, MARY 136.00 wf 98778 09/24/04 WAGNER, CONNIE 76.00 wf 98779 09/24/04 WANDERSEE, GENE 92.00 wf 98780 09/24/04 WASMUNDT, GAYLE 136.00 wf 98781 09/24/04 WILLY, JOHN 136.00 wf 98782 09/24/04 WITSCHEN, DECOKES 136.00 wf 98783 09/24/04 PALANK, MARY 1,755.02 wf 98784 09/24/04 RICHIE, CAROLE 1,730.64 wf 98785 09/24/04 SVENDSEN, JOANNE 2,004.69 wf 98786 09/24/04 SHORTREED, MICHAEL 4,376.78 wf 98787 09/24/04 STEINER, JOSEPH 453.00 wf 98788 09/24/04 WELCHLIN, CABOT 2,591.72 wf 98789 09/24/04 BAUMAN, ANDREW 96.00 wf 98790 09/24/04 FREBERG, RONALD 1,831.31 wf 98791 09/24/04 HAAG, ROBERT 700.00 wf 98792 09/24/04 STEWART, RYAN 700.00 wf 98793 09/24/04 GROVER, MICHAEL 388.80 wf 98794 09/24/04 JAROSCH, JONATHAN 133.88 wf 98795 09/24/04 JOHNSON, ROBERT 981.00 wf 98796 09/24/04 EDSON, DAVID 1,820.09 wf 98797 09/24/04 HELEY, ROLAND 1,822.31 wf 98798 09/24/04 HINNENKAMP, GARY 2,074.45 wf 98799 09/24/04 LINDORFF, DENNIS 1,790.50 wf 98800 09/24/04 NOVAK, MICHAEL 1,718.04 wf 98801 09/24/04 GERNES, CAROLE 431.50 wf 98802 09/24/04 SOUTTER, CHRISTINE 553.44 wf 98803 09/24/04 ANZALDI, KALI 308.00 wf 98804 09/24/04 CONLIN, NICOLE 50.00 wf 98805 09/24/04 FRANK, STEVE 80.00 wf 98806 09/24/04 FREYBERGER, RACHEL 108.00 wf 98807 09/24/04 KLEM, JOSH 150.00 wf 98808 09/24/04 LAMBERT, KEITH 49.50 20 wf 98809 09/24/04 LO, CHUEPHENG 215.50 wf 98810 09/24/04 PREW, WILLIAM 88.00 wf 98811 09/24/04 SHOBERG, KARI 26.81 wf 98812 09/24/04 HAAG, MARK 1,721.42 wf 98813 09/24/04 NADEAU, EDWARD 2,748.86 wf 98814 09/24/04 DISKERUD, HEATHER 60.00 wf 98815 09/24/04 GLASS, JEAN 1,677.66 wf 98816 09/24/04 SARPONG, SEAN 498.00 wf 98817 09/24/04 SCHULZE, BRIAN 315.00 wf 98818 09/24/04 TOLBERT, FRANCINE 182.00 wf 98819 09/24/04 LINGER, MARGARET 533.72 wf 98820 09/24/04 ZERWAS, CRYSTAL 296.00 wf 98821 09/24/04 ANDERSON, CALEB 128.70 wf 98822 09/24/04 ANDERSON, JOSHUA 178.75 wf 98823 09/24/04 ANDERSON, JUSTIN 136.50 wf 98824 09/24/04 BRENEMAN, SEAN 151.29 wf 98825 09/24/04 COSTA, JOSEPH 116.33 wf 98826 09/24/04 DEMPSEY, BETH 134.40 wf 98827 09/24/04 DUNK, RYAN 665.50 wf 98828 09/24/04 ESTRADA, KIEL 376.25 wf 98829 09/24/04 FLICKINGER, JUANITA 22.75 wf 98830 09/24/04 FONTAINE, KIM 733.20 wf 98831 09/24/04 GRANT, MELISSA 28.00 wf 98832 09/24/04 GRUENHAGEN, LINDA 390.15 wf 98833 09/24/04 HOULE, DENISE 66.90 wf 98834 09/24/04 JOHNSON, MAGGIE 123.50 wf 98835 09/24/04 JOHNSON, STETSON 214.38 wf 98836 09/24/04 KERSCHNER, JOLENE 214.50 wf 98837 09/24/04 MILLS, ANNE 30.45 wf 98838 09/24/04 PETERSON, ANNA 39.00 wf 98839 09/24/04 POTTRATZ, DIANE 11.46 wf 98840 09/24/04 PROESCH, ANDY 130.50 wf 98841 09/24/04 RODEN, JASON 197.95 wf 98842 09/24/04 ROSTRON, ROBERT 58.50 wf 98843 09/24/04 SCHMIDT, EMILY 19.50 wf 98844 09/24/04 SCHMIDT, LINDSEY 334.75 wf 98845 09/24/04 SCHOENECKER, SAMANTHA 21.13 wf 98846 09/24/04 SCHRAMM, BRITTANY 39.00 wf 98847 09/24/04 SMITLEY, SHARON 207.00 wf 98848 09/24/04 STAHNKE, AMY 19.50 wf 98849 09/24/04 TRUE, ANDREW 18.70 wf 98850 09/24/04 WARNER, CAROLYN 115.00 wf 98851 09/24/04 WEDES, CARYL 112.25 wf 98852 09/24/04 WELTER, ELIZABETH 164.10 wf 98853 09/24/04 WERNER, REBECCA 19.50 wf 98854 09/24/04 WOODMAN, ALICE 103.50 wf 98855 09/24/04 BOSLEY, CAROL 211.65 wf 98856 09/24/04 ODDEN, JESSICA 53.63 wf 98857 09/24/04 SATTLER, MELINDA 12.00 wf 98858 09/24/04 VAN HALE, PAULA 164.65 wf 98859 09/24/04 BALDWIN, JANA 79.38 wf 98860 09/24/04 DOUGLASS, TOM 1,064.56 wf 98861 09/24/04 FLEISCHHACKER, JACOB 44.45 wf 98862 09/24/04 HER, CHONG 229.73 wf 98863 09/24/04 NAGEL, BROOKE 142.48 wf 98864 09/24/04 NEWCOMB, GENNA 128.01 wf 98865 09/24/04 O'GRADY, VICTORIA 29.93 21 wf 98866 09/24/04 O'GRADY, ZACHARY 140.00 wf 98867 09/24/04 RYDEEN, ARIEL 49.87 wf 98868 09/24/04 SIMPSON, KIMBERLYN 53.20 wf 98869 09/24/04 THEESFELD, CALEB 39.90 wf 98870 09/24/04 VANG, CIA 53.20 wf 98871 09/24/04 VANG, KAY 25.40 wf 98872 09/24/04 VERDELL, TRAQUEZ 114.68 wf 98873 09/24/04 WILLIAMS, NICK 154.64 wf 98874 09/24/04 MULVANEY, DENNIS 1,967.73 437,829.35 22 AGENDA ITEM G-2 AGENDA REPORT TO: City Manager FROM: Chuck Ahl, Public Works Director/City Engineer Chuck Vermeersch, Civil Engineer 1 SUBJECT: Hazelwood/County Road C Area Street Improvements, City Project 03-18: Resolution for Modification of the Existing Construction Contract, Change Order 2 DATE: October 4, 2004 Introduction/Summary During construction there are often unforeseen changes from the original plans and specifications. The city council will consider approving the attached resolution directing the modification of the existing construction contract. Background The changes described in this change order (CO #2, $12,305.00) are for changes in the scope of drainage improvement work from what was initially planned. Soils in the area of the large rainwater garden proved unfavorable for infiltration and it was necessary to install a French drain system. The alternative to installing the French drain would have been to pipe the storm water along Demont Avenue to the storm sewer system being constructed there. This alternative would have cost more than the French drain system. Budget Impact Approval of this resolution would increase the construction contract by $12,305.00; however, these expenses will fall within the revised project budget. No adverse budget impacts are anticipated. Recommendation It is recommended that the city council approve the attached resolution Directing the Modification of the Existing Construction Contract for the Hazelwood/County Road C Area Street Improvements, City Project 03-18. CJV Attachments: Resolution Change Order No. 2 Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 03-18, CHANGE ORDER 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03-18, Hazelwood/County Road C Area 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 03-18, Change Order No. 2. 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. 2 in the amount of $12,305.00. The revised contract amount is $1,586,592.23. No revisions to the project budget are required at this time, as these changes fall within the original project budget. CHANGE ORDER DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA Project Name: Hazelwood/County Road C Area Street Improvements Change Order No.: 2 Project No.: 03-18 Date: 10-4-04 Contractor: T.A. Schifsky & Sons, Inc. The following changes shall be made in the contract documents: (Work not covered under contract) Description Unit 390 LF 6" Drain the wrapped in fabric for French drain 145 LF Rigid PVC Pipe for French drain 480 TN 1-1/2" Clean Rock For French drain Time and Materials to Install 500 LF French Drain System LUMP SUM 1 $12,305.00 $12,305.00 Approved Mayor Recommended Agreed to by Contractor by Engineer Unit Quantity Price Total Its Title AGENDA ITEM G-3 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer SUBJECT: McKnight Road Railroad Crossing South of Ivy Avenue Approve Joint Funding with City of St. Paul and Union Pacific Railroad DATE: October 5, 2004 Introduction The Union Pacific Railroad and the City of St. Paul have jointly proposed to replace the badly deteriorated railroad crossing on McKnight Road, south of Ivy Avenue. Approval to proceed with the joint project is recommended. Background McKnight Road is a border street between Maplewood and St. Paul. McKnight Road crosses the Union Pacific Railroad between Ivy Avenue and Maryland Avenue. The crossing is located east of the Lakewood Avenue bridge which crosses over the railroad. This section of McKnight serves Maplewood and St. Paul residents as the access to the eastern side of St. Paul. This particular crossing is very deteriorated and rough. The replacement of the crossing must be completed by Union Pacific Railroad, while the paving is done by the local agency, in this case, to save money, by the City of St. Paul crews. As a condition of having railroad crossings, local agencies agree to maintain the crossings and participate in the upgrade expense. As noted in the attached letter from St. Paul, the Maplewood cost will be 50% of the Union Pacific Railroad cost of $8,000 (Maplewood share = $4,000), and 50% of the City of St. Paul cost of $12,500 (Maplewood share = $6,250). The total cost to Maplewood will be $10,250. Approval to authorize this project is recommended. Budget Impact and Timing There are no funds budgeted for this action. The Union Pacific Railroad does not provide advance notice of these type of crossing replacements. It is recommended that the allocation given to the Public Works Department for sidewalk replacement in the Capital Improvement Projects Fund (Fund 405) be used for this unanticipated expense. The sidewalk replacement expenses will be below the allocated $50,000 for 2004. Recommendation It is recommended that the city council approve a joint project with the Union Pacific Railroad and the City of St. Paul for the replacement of the at-grade railroad crossing on McKnight Road, south of Ivy Avenue and approve the expenditure of up to $10,250 from Fund 405 to cover the project expenses. RCA Attachments: Letter from St. Paul Project Map Project Location Agenda No. G4 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk RE: Temporary Gambling License -Holy Redeemer Parish DATE: October 5, 2004 Introduction Holy Redeemer Church, 2555 Hazelwood Street, has submitted an application for a temporary gambling license (bingo) to be used at on November 7, 2004 from 11:30 a.m. to 2:30 p.m. The event will be their annual spaghetti dinner and funds raised will be used for religious and educational purposes. Recommendation It is recommended that council approve the following temporary gambling resolution. RESOLUTION APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for the Holy Redeemer Parish, 2555 Hazelwood Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute X349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit as being in compliance with Minnesota Statute X349.213. 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 # GS MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: October 5, 2004 RE: Temporary Gambling Introduction An application has been submitted for a temporary gambling license by Stephen Klein, on behalf of the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street. The parish Men's Club will be having a turkey bingo event that will be held inside the parish. The funds raised during the event will be used to make capital purchases for the church. The event will be held on November 17, 2004 from 5:00 p.m. to 11:00 p.m. 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 premises permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Agenda Item # G6 MEMORANDUM TO: City Manager Richard Fursman FROM: Karen Guilfoile City Clerk RE: Lawful Gambling Change of Manager DATE: October 5, 2004 White Bear Avenue Business Association (WBABA) has submitted an application for a change of manager for their gambling license held at The Bird Nightclub and AMF Maplewood Lanes. As required by City Code, the necessary paperwork has been completed by Marvin Koppen and WBABA. It is recommended that council approve the application for change of manager for WBABA. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the change of manager (Marvin Koppen) is approved for The Bird Nightclub and AMF Maplewood Lanes. 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. Memorandum AGENDA ITEM G7 AGENDAREFORT To: Richard Fursman, City Manager CC: City Clerk From: Steve Lukin, Fire Chief Date: 10/6/2004 Re: Sale of Tanker Four BACKGROUND The Maplc«~ood Fire Department received its new tanker in mid-August and it was put into scrvicc the first part of September. When it was put into service, I contacted Custom Fire and rcqucstcd them to appraise our old tanker to provide us with a resale value. Their appraisal was bct«~ccn $35,000 and $50,000. Lary Cude has a friend from a small fire department in Arkansas who is in desperate need of a tanker/pumper. He made a special trip up last week and inspected the pumper and made us an offer of $45,000. The last two fire trucks that we sold took over two years to sell so I feel it is in our best interest to accept their offer of $45,000. RECOMMENDATION I recommend the City Council approve the sale of one used tanker/pumper to Water Valley Volunteer Fire Department in Randolph County in the amount of $45,000 in "As Is" condition. 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: County Road D Realignment (West), Walter Street to T.H. 61, City Project 02-08: 1. Assessment Hearing, 7:00 p.m. 2. Approve Resolution for Adoption of Assessment Roll DATE: October 5, 2004 Introduction All property owners and the developers have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at or prior to the hearing if they disagree with the assessment amount. The city council should conduct the assessment hearing, receive any objections, refer those objections to the staff for action at the October 25, 2004 council meeting and consider approving the attached resolution adopting the assessment roll without the property owners who have submitted objections. Background The amounts proposed to be assessed are not directly dependent on the actual amount of the bid, rather on predetermined assessment rates defined in the feasibility study. The largest share of costs to be recovered through assessments will be from the Troutland Development in addition to assessments to Guldens and Venburg Tire. All these assessments are secured through development agreements between the City and the above listed property owners. The exception is the James McMahon property, which is currently homesteaded and not proposed to be part of any current development. The McMahon property will certainly benefit from the proposed road construction and therefore is proposed to be assessed. However, the amount of the assessment may be an undue burden on a single family residential property. Staff has spoken with Mr. McMahon to discuss his options, and we expect to receive a written objection from Mr. McMahon prior to the assessment hearing. Because the McMahon's property is homesteaded and not currently proposed to be developed, it would be staff's recommendation that a portion or all of the assessment be granted an undeveloped property deferment, payable at which time they choose to sell or develop their property. Objections Filed As of October 5, 2004 staff has not received any objections to the proposed assessments. Again, staff has discussed the assessments with Mr. McMahon and we expect to receive a written objection from Mr. McMahon prior to the assessment hearing. No other objections are expected as all other assessments have been secured by developer's agreements. Staff will review Mr. McMahon's and any other objections and prepare a recommendation to the city council for the October 25, 2004 meeting. Recommendation It is recommended that the city council approve the attached Resolution for the Adoption of the Assessment Roll for the County Road D Realignment (West), Walter Street to T.H. 61, City Project 02-08. Budget Impact Generally there will be no impact to the approved budget based on the above recommendation. The proposed assessments to these properties were included in the original project financing plan. Any assessment deferred for the McMahon property would be financed through other available project funds and utility funds and recuperated with interest when the property develops. CMC Attachments 1. Resolution: Adoption of the Assessment Roll 2. Project Location Map 3. Assessment Roll 4. Property Assessment Map RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on September 13, 2004, calling for a Public Hearing, the assessment roll for County Road D Realignment (West), Walter Street to T.H. 61, City Project 02-08, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. None as of 10/5/04 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on October 25, 2004, as to their recommendations for adjustments. 2. The assessment roll for the County Road D Realignment (West), Walter Street to T.H. 61, City Project 02-08 as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2005 and shall bear interest at the rate of 5.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2004. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 15, 2004, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city Clerlc, except that no interest shall be charged for any portion of the assessment that is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2004, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The city engineer and city Clerlc shall forthwith after November 15, 2004, but no later than November 15, 2004, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 14~' day of October 2004. 1. Troutland 2. Troutland / (Prokosch) 3. Troutland / (LaMettry/McDaniels) 4. Venburg 5. Guldens 6. McMahon Agenda #J-1 AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David J. Thomalla and Fire Chief Steve Lukin Subject: Approval to Expend Funds for 800 MHz Subscriber Equipment Date: October 4, 2004 Introduction City Council approval is needed to expend funds for 800 MHz subscriber equipment. Background The Police and Fire Departments are requesting approval to purchase subscriber equipment to utilize the 800 MHz radio system. This equipment includes portable radios for officers and firefighters and mobile radios for squad cars and firefighting equipment. The total subscriber equipment purchase will be $691,622. Of this amount, $484,785 will be reimbursed through Ramsey County. This results in a total cost to Maplewood of $276,185. The funds for this purchase are part of the monies included in the 2005 CIP budget. Recommendation We are requesting that approval be given for the expenditure of $276,185 for subscriber equipment and the necessary budget adjustments to make this purchase. Action Reauired Submit to the City Council for review and approval. DJT & SL:js AGENDA ITEM K-1 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer SUBJECT: Southwinds Development at Hazelwood Street, City Project 04-12 Resolution Authorizing Grading Project, Approving Project Funding, Approving Project Plans and Specifications and Authorizing Receipt of Bids DATE: October 5, 2004 Introduction The acquisition and removal of the five homes along Hazelwood Street adjacent to Legacy Village was accomplished as a joint project with Southwinds Builders. One of the conditions of the acquisition agreement was the grading of a portion of the roadway embankment. Excess soils existed as part of the County Road D West project. A joint project to reduce the cost of both projects is proposed. Approval of a resolution authorizing receipt of bids is recommended. Background In 2003, the city council directed the staff to negotiate for the acquisition and relocation of five property owners adjacent to Hazelwood Street on the western side of Legacy Village. As a cost saving measure in 2004, the city entered a joint project with Southwinds Builders to accomplish some of the difficult negotiations with the property owners. Southwinds eventually acquired three properties while the city was able to acquire two properties. One of the conditions of the Southwinds acquisition was the requirement that the city provide $50,000 worth of grading on the Southwind°s acquired property to make the site accessible to the proposed Legacy Parkway. This grading required the importing of soils to raise the site. During the same timeframe in 2004, the city was working to construct County Road D, west of TH 61. This project required excavation of significant quantities of material to make the roadway grade. The excess soils were required to be removed and disposed of away from the County Road D West project site at city expense. Joint planning for the two projects allows for a cost savings to provide the excess of one project to the deficit of another project. The cost savings of this approach is estimated at $30,000-$50,000. The attached resolution authorizes this project, approves the funding plan noted below, approves the plans and specifications required to allow the project to proceed, and finally authorizes the receipt of bids from contractors to perform the work. Approval is recommended. Budget Impact The project costs are estimated to be $150,000. It is proposed that financing for the project be paid as follows: Hazelwood Properties Tax Abatement $ 50,000 Legacy Parkway Debt Service, Project 03-26 $ 75,000 Southwind°s Builders 75 000 TOTAL PROJECT COST $200,000 City Council Agenda Background Southwinds Development at Hazelwood Street October 14, 2004 Page Two Project Timing Both the County Road D West and the Legacy Parkway project are underway. Additionally, Southwinds Builders recently received approval from the City Council for their development concept and are anxious to begin a model for their project. The excess soils are now available from the developer providing the grading at Trout Land, where the city°s 30,000 cubic yards of excess material is being stored. The five homes have been removed and the Legacy Parkway project is ahead of schedule so the fill material is needed immediately. In anticipation of the faster than normal process, the staff has arranged for pre-advertisement to meet bidding laws on this project. Bids are proposed to be received on Friday, October 22nd at 10:00 a.m. and returned to the City Council at their regular meeting on October 25, 2004 for an award of construction contract. This allows a contractor to begin the grading work early and to meet both project schedules. Recommendation It is recommended that the city council approve the attached resolution authorizing the grading project at Southwinds Development at Hazelwood, City Project 04-12, approves project funding in the amount of $150,000, approves project plans and specifications, and authorizes the receipt of bids on October 22, 2004 at 10:00 a.m. RCA Attachments: Resolution Project Map RESOLUTION AUTHORIZING GRADING PROJECT APPROVING PROJECT FUNDING APPROVING PLANS AND SPECIFICATIONS AUTHORIZING RECEIPT OF BIDS SOUTHWINDS DEVELOPMENT AT HAZELWOOD WHEREAS, the Maplewood City Council has approved a construction project for County Road D West, City Project 02-08, which has an excess of soil material, and WHEREAS, the Maplewood City Council has approved a construction project for Legacy Parkway, City Project 03-26, which has a deficit of soil material, and WHEREAS, Southwinds Builders has proposed and received approval for a development along Legacy Parkway and Hazelwood Street, which requires grading and improvements to access Legacy Parkway, and WHEREAS, the City Engineer has recommended a joint project with a joint funding plan, and WHEREAS, the City Engineer has directed the preparation of plans and specifications for the making of a joint grading project and presented same to the City Council, and WHEREAS, the City Engineer has recommended the approval and receipt of bids for said plans and specifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That a project, called Southwinds Development at Hazelwood, City Project 04-12, is hereby authorized as a public improvement and is referred to the City Engineer for consideration. 2. That project funding as follows is hereby established and the Finance Director is hereby authorized to establish a project fund for the making of said improvement project. Hazelwood Properties Tax Abatement $ 50,000 Legacy Parkway Debt Service, Project 03-26 $ 75,000 Southwinds Builders 75 000 TOTAL PROJECT COST $200,000 3. Such plans and specifications for the Southwinds Development at Hazelwood, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 4. The city clerk shall include said plans and specifications with the bid documents for City Project 04-12 and 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 combined improvement under such approved plans and specifications. The advertisement shall be published twice, at least three weeks before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:OO.m. on the 22nd day of October, 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. 5. 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 October 25, 2004. Approved this 14t" day of October 2004. ssal N/HITE BEAR LAKE BEAM 19 I ST. JOHN'S ~. \ ~~, n 0 Q z z ~ ° Y~ o ~- 0 O ~ ~ w Markham ~ ~ Q Pond z = w I ~ ~ ~ ~ _MAN g AVE. ~J ~ ~ >- z_ Q North ~ U ~ Hazelwoo 1- ~W (j Q_ ~ O Park ~ ROAD I m C c~ 23 ~T o 165! ~~o ~~ z ~PQ g 0~ P~~ _ ~ ~` 0 AVE. o 19 RADATZ ~ MESABI D RAMSEY ~ COUNTY i ~ COURT ~ Y KOHLMAN ~ o ~ AVE. ~ w ~ z ~ g > J ~ ~~ Project location no scale Project Location 1. SUMMIT 2. COUNTR W CIR. 3. DULUTH C Agenda #K2 MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Summerhill of Maplewood Senior Cooperative Building LOCATION: 935 Ferndale Street DATE: October 5, 2004 BACKGROUND During the September 27, 2004, city council meeting, the city council reviewed several land use requests by Transfiguration Church and Nichols Development for the redevelopment of the church's elementary school site at 935 Ferndale Street to a senior cooperative building. Land use requests included a comprehensive plan change from School (S) to High Multiple Dwelling Residential (R-3H); zoning map change from Single Dwelling Residential (R-1) to Multiple Dwelling Residential (R-3); and design review. The city council denied Transfiguration Church's request for a comprehensive land use plan change from School (S) to High Multiple-Dwelling Residential (R-3H), with three city council members voting for the change and two against (state statute requires atwo- thirds vote [4 votes out of 5] to approve a comprehensive land use plan change). The dissenting votes were cast by Mayor Cardinal and Council Member Rossbach. DISCUSSION According to the city council's policies and procedures manual, a motion to reconsider any action taken by the city council can be made either at the meeting at which such action was taken, or at the next regular meeting of the city council. The motion to reconsider must be made by a member of the city council who voted with the prevailing side. Mayor Cardinal has requested that city staff place Transfiguration Church's and Nichols Development's comprehensive land use plan change request on the October 14, 2004, city council agenda for a motion to reconsider. The policies and procedures manual further states that provided such motion to reconsider is passed by a majority vote, then the parties entitled to notice on the original action (Transfiguration Church and Nichols Development) shall be notified, and the reconsideration of the action shall be taken at the next regular meeting following passage of the motion to reconsider (October 25, 2004). RECOMMENDATION Mayor Cardinal should make a motion to reconsider Transfiguration Church's and Nichols Development's comprehensive land use plan change request. City council members should vote on the reconsideration, and if passed by a majority vote, city staff will schedule the reconsideration of Transfiguration Church's and Nichols Development's land use requests for the October 25, 2004, city council meeting.