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HomeMy WebLinkAbout09-27-2004MINUTES 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 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 M1. 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 PAYROLL 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. 3. 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- jurisdictional basis; 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. 5. 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. 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. 8. Xcel Energy Franchise Ordinances -Second Reading Approved the second readings of the following electrical franchise ordinances: ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. 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. For purposes ofthis Ordinance, the following capitalizedterms listed in alphabetical order shall have the following meanings: CSty. 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. Comnussion. 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, aMinnesotacorporation, d/b/aXcel Energy its successors and assigns. City Council Meeting 09-27-04 Electric Faci&ties. 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 maybe 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 inforce and effectfrom 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 notfile 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 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 subject 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 thatthe 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 jointly select amediatorto 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. Electric Facilities shall be located, conshucted and maintained so as notto City Council Meeting 09-27-04 interfere with the safety and convenience of ordinary travel along and over Public Ways and so as notto disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subjectto 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 ofthe City improvement project. 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 OpeninQS. 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 notbe 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 notpromptly perform and complete the work, remove all dirt, rubbish, equipment and material, and putthe 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 oftime following the demand, but notto exceed five days, the rightto make the restoration atthe 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, ofaperson or entity obtainingthe City's permissionto install, replace ormaintainfacilities in aPublic Way. 3.5 Avoid Damage 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 ofthe improvements, (iv) the time when the City will startthe work, and (v) ifmore 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 oftime in advance ofthe actual commencement ofthe workto permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7 Shared Use ofPoles. Company shall make space available on its poles ortowers 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 aPublic Way for a City improvement project, or aY 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 locatedtherein if relocation is reasonably necessaryto accomplish the City's proposed public improvement. Except as provided in Section 4.3, 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 project, or to grade, regrade, or change the line of any Public Way orto construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation ofthe 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 subsequentrelocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct aY its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely forthe convenience ofthe City and is not reasonably necessary forthe construction or reconstruction of aPublic 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 afinding by City thatthe Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of afederally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood thatthe 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 arenewal 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, butthe City need not pay those portions of such for which reimbursement to it is not available. 4.4 No Waiver. The provisions ofthis 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 ofthe Electric Facilities located inthe 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 aperiod wherein Company is notprejudiced by lack of such notice. If Company is required to indemnify and defend, itwill 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 leasttwo weeks prior written notice of a proposed vacation of aPublic 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 ofrelocatingthe same and the loss and expense resultingfrom 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 succeedingthe City shall, without the consent of Company, succeed to all ofthe 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 afranchise 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 setforth 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 lesserfee on the residential class. 9.3 Terms Defined. For the purpose ofthis 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 settingforth the various customer classes from which afranchise fee would be collected if a separate ordinance were implemented immediately after the effective date ofthis 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 ofthis 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 ofthe month following the period for which the payment is made. The franchise fee maybe changed by ordinance from time to time; however, each change shall meetthe 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 ofthe 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 afee ortax ofthe 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 afranchise fee or to impose atax. 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 ofthe annual bill represented by the amount collected for franchise fee purposes. The franchise fee ortax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, orto 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 writingto afranchise or separate ordinance collecting orfailingto collect afee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision ofthis 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 ofthe 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 subject of concern and the other party will consider whether it agrees thatthe amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance maybe 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. This franchise supersedes any previous electric franchise granted to Company or its predecessor. GAS FRANCHISE ORDINANCE ORDINANCE NO. 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. For purposes ofthis Ordinance, the following capitalizedterms listed in alphabetical order shall have the following meanings: CSty. 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. Comnussion. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency ofthe federal government which preempts all or part ofthe authority to regulate Gas retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, aMinnesotacorporation, d/b/aXcel 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 Faci&ties. 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 ofthis 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 rightto transmit and furnish Gas energy for light, heat, power and other purposes for public and private use within and through the limits ofthe 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 ofthis 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 pursuantto ordinance and to the further provisions ofthis franchise agreement. City Council Meeting 09-27-04 13 2.2 Effective Date: Written Acceptance. This franchise agreement shall be in force and effectfrom 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 notfile 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 thatthe 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 jointly select amediatorto 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 notto interfere with the safety and convenience of ordinary travel along and over Public Ways and so as notto disrupt normal operation of any City Utility System previously installed therein. Gas Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits ifrequired by separate ordinance and to other reasonable regulations ofthe City to the extent not inconsistent with the terms ofthis 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 OpeninQS. 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 notbe 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 aY 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 ofthe improvements, (iv) the time when the City will startthe work, and (v) ifmore 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 oftime in advance ofthe actual commencement ofthe workto 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. Ifthe City determines to vacate aPublic Way for a City improvementproject, or at City's costto 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 4.3, 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 ofthe 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 subsequentrelocation isrequired because ofthe extension of a City Utility System to apreviously unserved area, Company may be required to make the subsequent relocation aY 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 ofthe 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. 4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of afederally-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, butthe City need not pay those portions of such for which reimbursement to it is not available. 4.4 No Waiver. The provisions ofthis 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 aperiod wherein Company is notprejudiced by lack of such notice. If Company is required to indemnify and defend, itwill 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 leasttwo weeks prior written notice of a proposed vacation of aPublic 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 ofthis 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 ofthe second, third orfourth class in the seven- countymetropolitan 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 succeedingthe City shall, without the consent of Company, succeed to all ofthe 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 ofthis 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 ofthe 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 subject of concern and the other party will consider whether it agrees thatthe amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance maybe 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. 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 afranchise 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 setforth in Section 9 ofthe 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 Support 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 ofthis 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 ifthe 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 Apri130. 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 Gierzek, Clarice Leeman, Anita Anderson, Suzanne Gilstad, Mark Leiter, Barbara Barrett, Marlis Golaski, Diane Leo, Ann Bartelt, Joan Granger, Betty Leo , Pati Belland, Jaime Grant, Guy Leonard, Claudette Berger, Carole Grant, 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 Mahie, 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, Vem 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 Stafki, 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 1. 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 canceling hearing 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 project 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 approving the comprehensive land use change from School (S) to High 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. 3. 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. a 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 county 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 staff published 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. 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. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site s natural and scenic features into the development design. City Council Meeting 09-27-04 24 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 Koppen moved to approve the project plans date-stamped September 10 2004, and the landscape plan submitted to the city on September 21, 2004, for the Ramsey County Suburban Courts building at 2050 White Bear Avenue. The city is making this approval subject to the findings required by the city code. The county 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. (~ 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. 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. a 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. £ 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 1. 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 receiving and rejecting all bids and authoring the proiect 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 eq~ment bid to Second Wind Exercise Equipment in the amount of $37,378.31. Seconded by Councilmember Monahan-Junek Ayes-All J. UNFINISHED BUSINESS 1. 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~lat (received by the cit~ptember 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 andten-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 departments 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. a Label the common area as Outlot A. 5. 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 Councilmember Monahan-Junek Ayes-All Councilmember Monahan-Junek moved to approve the plans date-stamped September 8 2004, (site plan, grading 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: 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 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. (11) 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. £ 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. 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. 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- coloredtrim 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. a 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. £ 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 atleast 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. c. 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 1. 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 Ride 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'/a 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. a 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 le 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 Engineering 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 3. 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 04-09-172 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 afinancing 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 04-09-178 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°~u) 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. Change Order No.: 1 Date: Sept. 20, 2004 The following changes shall be made in the contract documents: Unit 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 agenda. 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 3. 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 1. October Council Meeting-The first council meeting in October will be held on THURSDAY, October 14a'. 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