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HomeMy WebLinkAbout05-17-1973AGENDA Maplewood Village Council 7:30 P.M., Thursday, May 17, 1973 Municipal Administration Building Meeting 73 - 19 (A) CALL TO ORDER (B) ROLL CALL (C) APPROVAL OF MINUTES 1. Minutes No 773 -16 (April 26) 2. Minutes No. 73 -17 (May 3) (D) AWARDING OF BIDS - None (E) PUBLIC HEARINGS 1. Street Vacation - A portion of Skillman Avenue east of Barclay Street (7:30) 2. Board of Appeals and Adjustment (Garage Area Variance) - 2740 Gem Street (7:45) (F) APPROVAL OF ACCOUNTS (G) UNFINISHED BUSINESS 1. Zone Changes: a. F -R to SC - East side of White Bear Avenue immediately south of the NSP overhead electric lines b. Joint Powers Agreement b. F -R to LBC - Northeast corner of White Bear Avenue and Beam Avenue (Ordinance - Second reading) C. R -1 to R -2 - South side of Ripley Avenue at Furness Street 2. Home Occupation (Beauty Shop) - 2125 White Bear Avenue 3. Flower Baskets - Frost Avenue 4. Concerned Citizens for Youth 5. Metropolitan Rate Authority: a. Ordinance - Uniform franchise (Second reading) b. Joint Powers Agreement 6. Building Plan Review - Office and warehouse (Gery Avenue) 7. Subdivision - Til.sen's Maplewood Heights No. _8;(F plat) 8. Subdivision - Progress Realty (Request for varian (H) VISITOR PRESENTATION (I) NEW BUSINESS 1. 1973 Bond Sale 2. Sign Permit: a. 3M Center b. 1195 East Highway 36 (Granxdma's ;rti ues) 3. Assessment Cancellation Rec {z. =s;, - Harry E. Zacho 4. Lot Divisions 5. Sport Car Meet Permit - 3M Sports Car Club 6. Street Improvement — Conway Avenue, McKnight Road Century Avenue .7. Ramsey County Street Light Policy - Resolution 8. Natural Resources Legislation - Resolution 9. Limited Use Permit Agreement - State IIighway >Depar 10. Planning Commission - Appointments (J) COUNCIL PRESENTATIONS (P.) ADMINISTRATIVE PRESENTATIONS (L) PRESS DISCUSSION ADJOURNMENT MINUTES OF MAPLEWOOD VILLAGE COUNCIL 7:30 P.M., Thursday, May 17, 1973 Council Chambers, Municipal Building Meeting No. 73 -19 A. CALL TO ORDER A regular meeting of the Village Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building and was called to order at 7:30 P.M. by Mayor Axdahl. B. ROLL CALL Lester G. Axdahl, Mayor Present John C. Greavu, Councilman Present Harald L. Haugan, Councilman Present Donald E. Olmstead, Councilman Present Donald J. Wiegert, Councilman Present C. APPROVAL OF MINUTES 1. Minutes No. 73 -16 (April 26, 1973) Councilman Haugan moved to approve the Minutes of Meeting No. 73 -16 (April 26, 1973) as submitted. Seconded by Councilman Olmstead. Ayes - all. 2. Minutes No. 73 -17 (May 3,1973) Councilman Olmstead moved to approve the Minutes of Meeting No. 73 -17 (May 3, 1973) as corrected: Page 3: Item 3 2 -f; add "to be referred to the Planning Commission ". Seconded by Councilman Wiegert. Ayes - all. D. AWARDING OF BIDS None. E. PUBLIC HEARINGS 1. Street Vacation - A Portion of Skillman Avenue Fast of Barclay Street (7:30 P.M.) a. Mayor Axdahl convened the meeting for a public hearing on a petition to vacate a portion of Skillman Avenue east of Barclay Street. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report with the recommendation that the request for vacation be denied. Such a vacation would result in a confusing street pattern (a full street for 28 feet and a one half street for 100 feet). - 1 - 5/17 Such a configuration could also result in a financial burden to the Village through the avoidance of a 30 -foot assessment for improvements on Barclay by the applicant due to the resulting indentation and the applicant's property. In addition, the proposed vacation would limit access to that property to the east of the applicant's property. c. Commissioner Bill Howard presented the following Planning Commission re- port: "Commissioner Singer moved that the Planning Commission recommend to the Council that the petition be denied based upon the Manager's report. Commissioner Disselkamp seconded. Motion carried. Ayes - all." d. Mayor Axdahl called for persons who wished to speak in favor of the proposal. The applicant, Mr. Allen Farrankap, 2046 Barclay Street, presented his reasons for requesting the vacation. e. Mayor Axdahl called for persons who wished to speak opposing the vacation. Mr. Joseph Sauro, 2051 Hazelwood Avenue, read a letter opposing the vacation. f. Mayor Axdahl closed the public hearing. g. Councilman Olmstead moved to deny the request for street vacation, based on the Manager's comments. Seconded by Councilman Haugan. Ayes - all. 2. Board of Appeals and Adjustment (Garage Area Variance) 2740 Gem Street (7:45 P.M.) Mayor Axdahl recessed the meeting at 7:48 P.M. to reconvene as the Board of Appeals and Adjustments. Mayor Axdahl reconvened the meeting at 8:04 P.M. F. APPROVAL OF ACCOUNTS Councilman Greavu moved that the accounts as submitted (Part I, Fees - Services, Che No. 3816 thru Check No. 3930 - $118,801.08 - Check No.16024 thru Check No. 16034 - $23 104.08: Part II - Payroll - Check No 6469 thru Check No 6549 - $22,242.69) in the amount of $164.147.85 be paid. Seconded by Councilman Olmstead. Ayes - all. G. UNFINISHED BUSINESS 1. Zone Change a. F -R to S -C - East Side of White Bear Avenue Immediately South of the N.S.P. Overhead Electric Lines. - 2 - 5/17 1. Manager Miller presented the staff report. 2. Village Engineer Collier presented the alternate street patterns for the area. 3. Mayor Axdahl asked for persons in the audience who wished to speak or comment regarding the alternates proposed in respect to the street patterns. The following were heard: Mr. Richard Batie, 2349 Beam Avenue, spoke. He also reminded Council of the 'committee he had suggested at the last meeting. Mr. Robert Hajicek, 1700 E. County Road D. Mr. Bob Bruton, 2114 Beam Avenue. 4. Discussion was held regarding the present White Bear sewer interceptor. 5. Following this discussion, Councilman Wiegert introduced the following resolution and moved its adoption: 73 -5 -90 WHEREAS, the Maplewood Mall shopping center is under construction in the vicinity of Interstate 694 and White Bear Avenue; and WHEREAS, this location has been indicated and encouraged by Metropolitan Council adopted Guide since 1967; and WHEREAS, the present White Bear sewer interceptor, which is the discharge point of said shopping center sewage flow, was constructed in 1963 with an es- timated life of 10 years; and WHEREAS, said interceptor now has very limited capacity; and WHEREAS, statements by the Metropolitan Sewer Board staff indicate a permit will not be granted the Village of Maplewood for the required sewer connection to the White Bear force main; and WHEREAS, the White Bear Avenue force main replacement is a priority project; and WHEREAS, the Sewer Board has requested the Metropolitan Council to apply the fiscal year 1971 grant increase funds for construction of priority projects; THEREFORE, BE IT RESOLVED, BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the Metropolitan Council is urged and encouraged to authorize the fiscal year 1971 grant increase funds for construction of priority projects, including the White Bear force main replacement. Seconded by Councilman Olmstead. Ayes - all. 6. Councilman Olmstead introduced the following resolution and moved its adoption: - 3 - 5/17 73 -5 -91 RESOLVED, that it is the intent of the Village Council of Maplewood, Minnesota, to designate the following streets for future construction: 1. Woodlyn Avenue from White Bear Avenue to McKnight Road. 2. Lydia Avenue from White Bear Avenue to a point approximately 950 feet Easterly. 3. A Street on a North -South alignment approximately 950 feet East of White Bear Avenue. 4. Beam Avenue from White Bear Avenue to Frederick Avenue. Seconded by Councilman Greavu. Ayes - all. 6. Councilman Wiegert moved mission of plans at a second reading, site plans for development, and a statement from the Metro Sewer Board as to whether or not they can handle sewage generated from this site. Seconded by Councilman Greavu. Ayes - Councilmen Greavu, Olmstead and Wiegert. Nays - Mayor Axdahl and Councilman Haugan. Motion carried. Mayor Axdahl voted no on the basis that he would like to know whether or not we can handle the sewage capacity before we get into the area. b. F -R to LBC - Northeast Corner of White Bear Avenue and Beam Avenue (Ordinance - Second Reading) 1. Manager Miller stated second reading of the ordinance had been delayed regarding this zone change until there had been approval of a road system for this area. The road system has been approved and second reading is re- commended. 2. Councilman Olmstead introduced the following ordinance and moved its adoption: ORDINANCE NO. 347 AN ORDINANCE AMENDING THE MAPLEWOOD ZONING CODE THE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the following described property is hereby rezoned from F -R (Farm Residence District) to LBC (Limited Business Commercial District), to wit: That part of the South 731.5 feet of the SE 1/4 of the NW 1/4, Section 2, T. 29, R. 22, Village of Maplewood, Ramsey County, Minnesota, lying Easterly of the Easterly line of White Bear Avenue; excepting that part therefrom described as follows - - 4 - 5/17 Beginning at a point on the East line of the NW 1/4, Section 2, - distant 175.0 feet North of the center of Section 2, (being the SE corner of said NW 1/4); thence North, along the said East line of the NW 1/4, a distance of 556.5 feet; thence West, paral- lel to the South line of the NW 1/4, a distance of 354.5 feet; thence South, parallel to the said East line of the NW 1/4, a distance of 350.0 feet; thence Southeasterly, a distance of 313.3 feet, more or less, to a point on a line drawn parallel to and 175:0 feet North of the South line of the NW 1/4, and distant 120.0 feet West of the East line of the NW 1/4; thence East, parallel to the South line of the NW 1/4, a distance of 120.0 feet, to the point of beginning. Subject to an Easement over the South 72.0 feet thereof, for Beam Avenue; and also subject to an easement over East 60.0 feet of the South 175.0 feet 'thereof for a storm water system. (More commonly described as a vacant 5.7 acre tract of land located at the Northeast corner of Beam Avenue and White Bear Avenue.) Section 2. This ordinance shall take effect upon passage and public- ation. Seconded by Councilman Haugan. Ayes - all. c. R -1 to R -2 - South Side of Ripley Avenue at Furness Street 1. Manager Miller stated this proposed rezoning was publicly heard on May 3, and tabled to receive input from the Planning Commission. I re- commend denial of the proposed rezoning because it would encourage: 1. Incompatible and excessive population density for the rezoned site as compared with that indicated in the Plan for Maplewood; 2. The establishment of a density precident for the remaining lots or portions thereof in the neighborhood now zoned as single family residential; and 3. The proposed rezone site does not appear to have sufficient square footage to support potential units on the site. If the Council should consider the proposed rezoning, it is suggested that only that vacant portion should be considered for R -2 and then only after the submission by the applicant of a certified survey of the property. I continue,to recommend denial of the rezoning. 2. Chairman Lyman Coombs presented the following Planning Commission re- commendation: "Commissioner Singer moved that the Planning Commission suggest to the Village Council that the rezone site be denied for the reasons stated in the Manager's report. Commissioner Kishel seconded. Motion carried - Ayes 8, Nays 1. Commissioner Howard voted no.)" - 5 - 5/17 2 3. Councilman Olmstead the Gone Change from R -1 to R -2 the westerly portion of the site that is vacant, subiect to a certificate of survev beine submitted orior to secona r Seconded by Councilman Haugan. Home Occupation (Beauty Shop) Ayes - all. a, Manager Miller stated this proposal was referred to the Planning Com- mission for review and recommendation. It was publicly heard on May 3. I had recommended that the application for a special permit be denied based up- on the physical site limitations, the sewage situation, the inadequate park- ing capacity and the fact that the applicant is not a resident of the premises. At the hearing the applicant stated that she would take up residency on the premises if the special permit were issued. I continue to recommend denial. During the discussion of this application the Council raised the question of the conditions placed upon the Silberbauer permit at 2083 Arcade Street. The conditions for that permit were as follows: 1. The permit shall be reviewed annually by the Village Council; 2. The permit shall become effective only after the Building Official certifies compliance with these conditions in building, fire, electric, health code requirements; 3. The permit shall not be transferable; 4. The permit shall be subject to revocation by the Village Council upon justified complaints; 5. No signs advertising the beauty parlor operation shall be allowed upon the property; 6. No on- street parking by customers shall be encouraged, and an improved off - street parking area which is properly hard surfaced and landscape shall be required on the property; 7. No expansion of the permit in any way shall occur without the approval of the Village Council; and 8. The applicant must agree to the above conditions in writing. b, Chairman Lyman Coombs presented the following Planning Commission recom- mendations: "Commissioner Kent moved that the Planning Commission recommend denial of the permit particularly the parking and sewer issues raised in Manager's report. Commissioner Howard seconded. Motion carried. Ayes 7, Nay - Commissioner Mogren and Prew." c. Councilman Greavu beautv shoe at 2125 WI tions: 1. The permit shall be reviewed annually by the Village Council; 2. The permit shall become effective only after the Building Official certifies compliance with these conditions in building, fire, electric, health code requirementsa'and a sump pump be installed; 3. The permit shall not be transferable; 4. The permit shall be subject to revocation by the Village Council upon justified complaints; - 6 - 5/17 5. No signs advertising the beauty parlor operation shall be allowed upon the property; 6. No on- street parking by customers shall be encouraged, and an improved off - street parking area which is properly hard surfaced and landscape shall be required on the property; 7. No expansion of the permit in any way shall occur without the approval of the Village Council; 8. Operation be limited to two chairs; and 9. The applicant must agree to the above conditions in writing. Seconded by Councilman Haugan. Ayes - all. 3. Flower Baskets - Frost Avenue a. Manager Miller stated the North Maplewood Lionells have asked the Village for its suggestions relative to the future of the hanging flower baskets on Frost Avenue. The North Maplewood Lionells have sponsored the flower basket program since originally placing 16 baskets along Frost Avenue in 1968. There are now a total of 30 brackets and 20 baskets spread over approximately one mile of Frost Avenue between Phalen Place and Prosperity Road. The Lionells indicate that the maintenance of the baskets has been marginal. In 1973 a summer teen age recreation program sponsored by the Village conducted a- maintenance of the baskets better placing flowers and vines and cleaning. The Village has not made it a practice to regularly maintain the baskets. The Lionell's indicate problems with theft, wind damage and fading. Northern States Power, on whose utility poles the baskets are hung, has in- dicated that State law provides that no materials of advertising or display may be attached or mounted on power utility poles. Officials of that company in- dicated that the flower baskets are not allowed under the law. The Lionells should be complimented for their attempt to improve the street scape of Frost Avenue. The colorful flowers in the baskets, when new, tend to provide a pleasant color contrast along the street; however, the color of the flowers tend to fade and reflect an artificial appearance over a period of time. In addition, the flower baskets tend to attract attention to the drab utility poles along the street. The maintenance element has been a problem and is re- flected in the uneven spatial distribution of the existing baskets. It is suggested that the Lionells should be complimented for the long term attempt at improving the visual amenities of Frost Avenue; however, it is sug- gested that major public improvements would be required before such an attempt can be successful. It is suggested that the Lionells efforts might better be utilized in other areas. b. Chairman Warren Peterson presented the following Community Design Review Board recommendation: "Board Member Howard moved that the Board of Design Review wishes to thank the ladies of the Lionell Organization for the public spirit and civic pride they have shown in arranging for the placing and maintenance of the flower - 7 - 5/17 baskets on Frost Avenue over the past 5 years. The Board would like to suggest that in lieu of maintaining the flower baskets, the ladies might wish to consider the planting of trees in some of the parks and on other property owned by the Village, thus creating a more permanent and natural beauty and one which might require less maintenance. The ladies and the Village Public Works Department can work out the details of the removal of the baskets. Board Member Glasow seconded the motion. Board Member Peterson moved that an additional sentence to the motion be read which would allow for the Lionells and Public Works Department to negotiate the details for the removal of the flower baskets. Board Member Ottman seconded the Peterson Amendment and the Peterson amendment carried, 6 to 1 with Member Arndt voting against the motion. Chairman Peterson then called for a vote on the original Board Member Howard motion as read earlier. The Chairman declared the original motion as having passed with a vote of 6 to 1 with Board Member Arndt voting no on the motion." c. Councilman Wiegert moved to adopt the recommendation of the Community Design Review Board. Seconded by Councilman Haugan. Ayes - all. 4. Concerned Citizens for Youth a. Manager Miller stated he had previously submitted his comments relative to the report from the Concerned Citizens for Youth. The Committee had asked for comments from the Council. b. Councilman Wiegert Citizens for Youth sta Seconded by Councilman Greavu 5. Metropolitan Rate Authority that the Council to tted) and attach the same Ayes - all. a. Ordinance - Uniform Franchise (Second Reading) 1. Manager Miller stated the proposed uniform franchise ordinance with the Northern States Power Company relating to electrical service in Maplewood was placed on first reading on May 3. Second reading and final adoption is recommended. After final adoption of the uniform franchise ordinance, it is recommended that the joint powers agreement, which creates an organization to administer the rate making regulatory features of the uniform franchise, be adopted. 2. Councilman Wiegert introduced the following ordinance and moved its adoption: - 8 - 5/17 ORDINANCE NO. 348 VILLAGE OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA LJ AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN, IN THE VILLAGE OF MAPLEWOOD, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANS- MISSION LINES, INCLUDING NECESSARY POLES, POLE LINES, AND FIXTURES AND APPURTENANCES; FOR THE FURNISHING OF ELECTRIC ENERGY, TO THE VILLAGE AND 1TS INHABITANTS, AND OTHERS AND TO USE THE STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC GROUNDS OF SAID VILLAGE FOR SUCH PURPOSES: PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF, AND PRESCRIBING THE RATES TO BE CHARGED THEREFORE, THE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES ORDAIN AS FOLLOWS: Section 1. PURPOSES. Northern States Power Company, a corporation organized under the laws of the State of Minnesota, owns and operates property used and useful in the production, transmission, distribution and sale of elect- ricity in the Village of Maplewood. The Village Council has determined that it is desirable, in the public interest, and to the advantage of the consumers of electricity in Maplewood, that a franchise be granted to Company upon the terms and conditions contained herein. Company, in consideration of benefits accruing to it under the franchise agreed to supply electric service in Maplewood upon the terms and conditions con - '` tained- herein. Ay Section 2. DEFINITIONS. Subdivision 1. In this ordinance "Municipality "„ "Municipal. Council ", and "Municipal Clerk" means, respectively, the Village of Maplewood, the Council of the Village of Maplewood, and the Clerk of the Village of Maplewood. If at any time the powers of the Municipality, the Municipal Council, or the Municipal Cleric shall be transferred to any other authority, board, office, or Officers, then such authority, board, officer, or officers shah have the rights, power, and duties herein given to the Municipality, the Municipal Council, and tb_,' Municipal Clerk, respectively. Subd. 2. "Company" means Northern States Power Company, a Minnesota Cor- poration, its successors and assigns. Subd. 3. "Metro Areal' includes all areas served with electir_it_ y by Com- pany in the Counties of Hennepin, Ramsey, Washington, Dakota, Anoka, Carer, and Scott. Subd. 4. "Metro Rate Authority" or "Authority" means the organization of municipalities created by joint agreement and amendments thereto, pursuant to Minn- esota Statutes Section 471.59 and which is authorized to administer provisions of this ordinance as herein provided. The Authority consists of -representati.ves of all municipalities which adopt this uniform franchise ordinance. rJ Subd. 5. "Executive Committee" or "Committee" means the committee appoint - A ed by the Authority. The Committee shall consist of not more than 15 me_;.bers. TI:e Committee shall have those powers specified in this franchise and those delegated to it by the Authority pursuant to the joint agreement. .. 9 ° 5/17 Subd. 6. "Party" means the Municipality, the Authority or Company. Subd. 7. "Person" may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. Subd. 8. "Notice" means a writing served by any party or parties on any party or parties. In the case of Company, notice shall be mailed to an officer thereof at 414 Nicollet Mall, Minneapolis, Minnesota. In the case of Authority, notice shall be mailed to the Rate Administrator. In the case of Municipality, notice shall be mailed to the Municipal Clerk. Subd. 9. "Rate Administrator" means a professional person qualified and ex- perienced in public utility regulatory matters. The Rate Administrator is appointed by the Authority. Section 3. GRANT. Subdivision'il. There hereby is granted to Company for the period extending to January 1, 1983, (subject to termination on December 31, 1977 upon notice from Company to Municipality and Authority, or upon notice of Munici- pality to Authority and Company at least 90 days before said date of December 31, 1977) the right and privilege of constructing, operating, repairing, and maintaining in, on, over, under, and across the streets, alleys, public ways, and public grounds of Municipality, an electric distribution system and electric transmission lines, in- cluding all poles, pole lines, conduits, and fixtures and appurtenances, usually, conveniently, or necessarily used in connection therewith, for the purpose of trans- mitting and furnishing electric energy for light, heat, power, and other purposes for public and private use in and to Municipality and the inhabitants thereof, and others, and for the purpose of transmitting electric energy into and through Munic- ipality. The electric distribution system and transmission lines shall be so located as not to interfere with the safety and convenience of ordinary travel along and over said streets, alleys, public ways, and public grounds. Subd. 2. This ordinance is intended to regulate the exercise of the rights and privileges granted to Company herein. Nothing in this ordinance is to be construed to modify, alter or amend any statutory or charter power of the Municipality to reg- ulate the use of its streets, alleys, public ways and public grounds. Such reg- ulations, insofar as they do not affect the rate regulation and administration pro- visions of this ordinance, need not be indentical among members of the Authority. Subd. 3. Nothing in this ordinance prevents the powers of the Authority from being hereafter delegated by law to some other governmental authority. Section 4. EXTENSIONS; SERVICE; RULES AND REGULATIONS. Subdivision 1. "Company shall provide reasonably efficient, adequate and non - discriminatory service, at reasonable rates, to all members of the public within the Municipality who apply for such service in accordance with rules and regulations of Company. Subd. 2. Company may, from time to time, promulgate rules and regulations which are reasonably necessary or convenient in the conduct of its business. The rules and regulations may govern matters,including but not limited to, forms, con- tracts, extensions of service, curtailment of service, reconnection charges, bill- ings, security deposits, and late payment charges, if any. Existing rules and reg- ulations of Company shall be filed promptly with the Authority and shall become - 10 - 5/17 effective on filing. They shall be kept open for public inspection. Thereafter Company may file amendments thereto or additional rules and regulations. Within 60 days after such filing the Executive Committee may, on its own motion or on the request of Municipality, review such amendments or rules and regulations. The Committee, after public hearing, may by resolution disapprove any such amendment or rule and regulation which is unreasonable or unlawful. Section 5. SERVICE INTERRUPTION. Subdivision 1. Company will provide con- tinuous, adequate and nondiscriminatory electrical service in the Municipality. Subd. 2. Company's provision of electric service to its customers is subject to interruption and disturbance of service due to: (a) conditions beyond its control; (b) necessary maintenance and operation of its system; (c) effect of operations of any interconnecting electric systems; (d) curtailment of electric service as may be prudent to maintain service to priority loads or to maintain the operating stability of Company's system; or (e) Temproary interruptions or disturbance of service; neither Company, Municipality, the Authority nor any customer shall be liable for damage or loss for interruption or distrubance of service due to said causes. Com- pany will not be in breach of this franchise for interruptions of service due to such causes. Subd. 3. Company will promptly take such action as may be practicable under the circumstances to remove the cause of any interruption, disturbance, or curtail- ment and to resume normal delivery of electric service. Section 6. NONEXCLUSIVE FRANCHISE. This is not an exclusive franchise. Section 7. RATES. Subdivision 1. The rates and charges imposed and collect- ed by Company for services in the Metro Area shall be fair, just, reasonable and compensatory and designed to recover all reasonable costs of service therein, in- cluding a reasonable return as herein provided on the capital investment in the business under an economical and efficient management. Subd. 2. The rates charged to any class of customers will not cast an undue burden on any other class of customers nor shall any rates charged to customers within the same class of service cast an undue burden on other customers within that class. Subdi 3. The schedule Of rates contained -in Appendix A. attached and made a part hereof by reference, 'is- effective as- to'all bills computed on regular meter readings on and > after- -the effective date of this- ordinance. The schedule shall re- main in effect until changed in accordance with Section S of this franchise. The cost to the Company of any franchise fee, street rental charge, gross receipts taxes, - 11 - 5/17 or any other duties or imposts, imposed by the Municipality will be recovered by Company as a surcharge to such rates within the Municipality. Ad valorem taxes may not be recovered by a surcharge. Such surcharge will be equitably distributed among electric customers in the Municipality. Section 8. RATE CHANGES. Subdivision 1. Company may change its rate struc- ture by changing classification of rates, the number of blocks, size of blocks, the price differential between blocks, or by adding a new classification of rates or by closing or withdrawing any existing rate classification or schedule. Any such change which does not result in a higher rate for an existing customer may be made upon twenty days notice to the Rate Administrator and shall be supported by data showing the desirability of the change and the reasonableness thereof. Other changes in rate structure shall be made under Subd. 2 of this section. Subd. 2. The rates contained in Appendix A shall remain in effect until March 15, 1974. On or before February 1, 1974, and thereafter on or before February 1 of each year during the term of this ordinance, Company shall file notice with the Authority that it will either continue, decrease, or increase the rates or continue or change the rate structure which will become effective on bills rendered on and after March 15 of that year, to enable Company to realize Actual Net Earnings during the calendar year of filing equal to the Allowable Annual Return, as defined in Section 10 plus part or all of any debit balance or less part or all of any credit balance in the Stabilization Reserve Account established under Section 15, The filing shall recite the proposed change or continuance and the forecasts substan- tiating it. Provided however, in order to minimize or prevent excessive fluctuation in the rates, the Company may additionally once during a calendar year, but not prior to July 15 thereof, adjust the rates in the same manner as provided above. Subd. 3. The rates to become effective on and after March 15, 1974, pursuant to Subd. 2 of this section, shall be subject to a temporary reduction during the year 1974 totaling $6,000,000. Such reduction and any credit balance in the Stabi- lization Reserve Account resulting from 1973 operations will be applied only to the bills of customers located in those areas of the Metro Area in which the base electric rates for residential service, general service, and large general service were no less than such base electric rates charged in the City of Minneapolis on January 1, 1973. Base electric rate means the charge to the customer for electric service ex- cluding any franchise fee, street rental charge, gross receipts tax or duties or imposts, imposed by the municipality included in or added to said charge. Subd. 4. Increases or decreases in rates or the continuance of existing rates shall be based on forecasts for the calendar year of filing of expenses, capital costs and of the revenues required to enable Company to earn an amount equal to the Allowable Annual Return defined in Section 10, plus part or all of any debit balance or less part or all of any credit balance in the Stabilization Reserve Account as provided in Section 15. Subd. 5. Company will annually supply forecast data to the Rate Administrator in accordance with the following schedule: Revenue Budget November 1 Expense Budget December 1 Capital Budget December 15 - 12 - 5/17 or on such later dates as the Rate Administrator may authorize. Subd. 6, On or before December 1, 1975, and at intervals of no more than five years thereafter, Company shall furnish a current study of its rate structure to the Authority. Subd. 7. On or before March 1 of each year Company will supply Authority with a tabulation of customers and revenues attributable to each Municipality in the Metro Area for the previous calendar year. Section 9. RATES; RATE FILING. Subdivision 1. Any filing by Company with the Authority to change or continue any rates or rate structures as provided in Section 8, Subd. 2, may be altered, amended, or revised by the Executive Committee in conformance with and subject to the provisions of this ordinance. Subd. 2. The Rate Administrator shall make written recommendations as to the filing to the Executive Committee within 20 days of the filing. Subd. 3. Any alteration, amendment, or revision in the filing shall be made by written order of the Executive Committee which sets forth its findings and con- clusions upon all material issues. The order shall be served on Company within 35 days after notice of the proposed change or continuance of rates has been filed with the Authority. Subd. 4. Company may obtain judicial review de novo of any Executive Committee order of alteration, amendment or revision of rates in the District Court of Hen - nepin County if proper application is made therefore within 30 days after service of the order of the Executive Committee upon Company, If judicial review is applied for, the rate proposed by Company in Section 8, shall be in effect until the question of such alteration, amendment, or revision is finally determined by the court. In such review and determination Company has the burden of proof. At the time of apply- ing for judicial review, Company shall, if ordered by the Court, file with the Clerk a corporate undertaking obligating it to comply with such relief as the court may order consistent with the provisions of this franchise. Subd. 5. The rates determined under Section 8 or this Section are the "Metro Area Rates ". Section 10. RATE MAKING: DEFINITIONS. Subdivision 1. For the purposes <:of this ordinance, the terms defined in this section have the meanings given them. Subd. 2. "Allowable Annual Return" means the product obtained by multiplying the Allowable Rate Base by the Allowable Rate of Return. Subd. 3. "Allowable Rate of Return" means the weighted average actual cost for the year of filing of 1) Senior Capital of Company and its utility subsidiaries and 2) the Allowable Return on Common Equity. The weight to be given to each class of capital shall be based on Company and its utility subsidiariest actual average outstanding amount of each class throughout the year of filing. Subd. 4. "Allowable Return on Common Equity" means that return on common equity capital determined pursuant to Section 12. Subd. 5. "Senior Capital" means all debt, including short -term debt, and pre- ferred stock. - 13 - 5/17 Subd. 6. "Cost of Senior Capital" means the weighted average cost of all senior capital, where the cost of each issue is obtained by multiplying the prin- cipal amount of the issue by the interest rate in the case of debt and by the dividend rate in the case of preferred stock, and dividing by the net proceeds of the issue. Subd. 7. "Net proceeds" in the case of long -term debt capital means the prin- cipal amount issued, plus premiums received, less issuance expense and discounts. In the case of short -term debt capital, the term means the sum of a) the principal amount of bank loans outstanding, and b) the principal amount of commercial notes, less prepaid interest. In the case of preferred stock, the term means the stated value plus premiums, less issuance expense and discounts. In the case of re- acqui- sition, retirement or refunding of long -term debt or preferred stock, the call premiums, expenses and discounts are to be considered as part of the over -all cost of capital. Subd. 8. "Actual Net Earnings" for the year 1973 means actual gross revenues of Company received for electric utility service furnished in the Metro Area less operating expenses reasonably incurred in rendering such service. For subsequent years said term means gross revenues of Company for electric utility service fur- nished in the Metro Area computed at the Metro Area Rates, less operating expenses reasonably incurred in rendering such service. To the resulting net income shall be added that portion of the amount credited under the Uniform System of Accounts to Allowance for Funds Used During Construction applicable to construction work in progress included in the Allowable Rate Base in Subd. 9 hereof. For the years 1973 and 1974 such allowance shall be computed at the rate of 8 %. Thereafter, the annual percentage rate applied to determine the Allowance for Funds Used During Construction shall be the lower of a) the nearest even one -half percent below the projected over- all rate of return or b) the current incremental cost of financing new construction, and shall change only in increments of one -half percent, provided, however, that such annual percentage rate shall not be more nor less than that required by the Federal Power Commission. Operating expenses shall include Research and Development expenses and donations made for charitable, social, or community welfare purposes. Research and Develop- ment expenses shall be accounted for in the manner provided in the Uniform System of Accounts. Subd. 9. "Allowable Rate Base" means the average of net plant less customer contributed capital and plus working capital. Net plant means a) the original cost of electric utility plant and common utility plant used and useful in rendering electric service in the Metro Area, plus b) that protion of the original cost of plant held for future use and construction work in progress applicable to the Metro Area, less c) related booked reserves for depreciation and amortization. Customer contributed capital means amounts related to service in the Metro Area contributed or advanced by customers for construction and amounts collected from customers through rates and charges for deferred operating expenses and taxes except where deduction of the deferred amount is specifically prohibited by Inter- nal Revenue Laws. Said amounts shall include but are not necessarily limited to amounts credited under the current Federal Power Commission Uniform System of Accounts to Accounts 252 Customer Advances for Contruction, 255 Accumulated Deferred Invest- - 14 - 5/17 ment Tax Credits (except that portion where deduction from the rate base is prohib- ited by the Internal Revenue Laws), 271 Contributions in Aid of Construction, 281 Accumulated Deferred Income Taxes - Accelerated Amortization, 282 Accumulated De- ferred Income Taxes - Liberalized Depreciation, and 283 Accumulated Deferred Income Taxes - Other, Unless otherwise mutually agreed upon between Company and the Executive Committee, working capital means and includes the following, based on amounts allocable to the Metro Area: (a) cash working capital equal to one - eighth of operation and mainten- ance expenses excluding purchased power and one -half of fuel expenses, plus average compensating bank balances to support short -term borrowings, less the monthly aver- age of accrued property and income taxes, but cash working capital shall not be less than zero; plus (b) monthly average prepayments; plus (c) monthly average materials and supplies; plus (d) monthly average fuel stocks; plus (e) monthly average miscel- laneous deferred debits. Section 11. ALLOWABLE RATES OF RETURN. Subdivision 1. At the time of an an- nual rate filing, a projection of Allowable Rate of Return shall be used as a basis for calculating allowable revenue for the calendar year of filing. At the close of such year the Allowable Rate of Return shall be determined and shall be used as a basis for the Allowable Annual Return. Subd. 2. Allowable Rates of Return and projections thereof shall be calculated to the nearest one - hundredth of one percent. Section 12, ALLOWABLE RETURN ON COMMON EQUITY. Subdivision 1. Company shall be allowed a Return on Common Equity for the Metro Area for the calendar year 1973 of 13.25 %. For the calendar year 1974 Company shall be allowed a Return on Common Equity for the Metro Area of 12.95 %. For years subsequent to 1974, Company or the Executive Committee may request a prospective change in the Allowable Return on Common Equity. Such requests shall be made during the period between November 15 and December 15 in any year, to be effective as of January 1 of the next year, by serving upon the other Party a notice stating the reasons supporting such change and specifying the proposed Allowable Return on Common Equity for the year. If no request is made the Allowable Return on Common Equity remains in effect. Subd. 2. The request for change in the Allowable Return on Common Equity shall be reviewed by the Rate Administrator who shall forthwith set a date prior to Jan- uary 15 for hearing upon such request. He shall give 10 days notice of such hearing published once in a legal newspaper in each county in the Metro Area. At least two days prior to the hearing date, any person may file with the Rate Administrator a written notice of intention to appear at the hearing and of the nature and extent of his participation. Only persons complying with this notice provision may be heard at the hearing. The Rate Administrator shall prescribe reasonable rules and regulations for the conduct of such hearings. Upon completion of the hearing, and no later than February 15, the Rate Administrator will serve on Company and the Authority a written order determining the Allowable Return on Common Equity for the current year and setting forth his findings and conclusions on all material issues relative to his determination. If no appeal is taken from the Rate Administrator's order of determination, the order is final. If an appeal is taken from the Rate Administrator's order of determination, the order is an interim order and shall remain in effect until finally determined, provided that the effective Allowable - 15 - 5/17 Return on Common Equity for interim rates shall not be less than that existing at the time of the filing for a change in the Allowable Return on Common Equity. The Allowable Return on Common Equity finally determined shall be effective as of the proposed effective date. Subd. 3. Within ten days after receipt of the order of determination, any Party may appeal the order to a hearing panel by filing a notice of appeal with the Authority and Company. The panel shall consist of three members of prefessional standing, each having one vote. The members of the hearing panel shall be selected as follows: Within 20 days of notice of appeal the Company and the Authority shall each appoint a panel member and each shall immediately notify the other of such appointment. The two panel members so appointed shall, within five days after the second member is appointed, select a third panel member. If the first two panel members are unable to agree on a third panel member, the third panel member shall be appointed by the Chief Judge of the Hennepin County District Court upon appli- cation of either Company or Authority with five days notice to the other. In the event either Company or Authority fails within said twenty days to appoint a panel member, the member appointed by the other party shall proceed as a single member and issue his order, which shall constitute the order of the panel. Subd. 4. The review by the panel of the Rate Administrator's determination shall be de novo and the panel shall consider all evidence material and relevant to the issues raised by such appeal. The hearing shall be conducted in the manner prescribed by Chapter 15, Minnesota Statutes, for conduct of administrative hearings. The burden of proof shall be upon the appellant. Only those Parties and Persons who appeared before the Rate Administrator may appear before the panel. Subd. 5. The panel shall determine the Allowable Return on Common Equity by written order served on Company and the Authority, which order shall set forth its findings and conclusions, including the bases therefor, upon all material issues relative to such determination. The determination of the panel shall be made within 60 days after the third panel member is selected. If no appeal is taken from the panel's order of determination the order is final. Subd. 6. Any Party aggrieved by a final order of the hearing panel is entitled to judicial review thereof in the District Court of Hennepin County if proper ap- plication is made therefor within thirty days after the hearing panel has served its order. The review shall be conducted by the Court without a jury and shall be confin- ed to the record, except that in cases of alleged irregularity in procedure before the hearing panel not shown on the record, testimony thereon may be taken by the Court. Except as otherwise provided, all proceedings shall be conducted according to the provisions of Minnesota Statutes Sections 15.0424 - 15.0426. Subd. 7. The Court may affirm the decision of the hearing panel or remand the case for further proceedings; or it may reverse or modify the decision if the sub- stantial rights of the appellant have been prejudiced because the hearing panel's findings or conclusions are: (a) In violation of constitutional provisions; or (b) In excess of the authority conferred upon said hearing panel by this ordinance; or - 16 - 5/17 (c) Made upon unlawful procedures; or (d) Affected by other error of law; or (e) Unsupported by substantial evidence in view of the entire record as submitted; or (f) Arbitrary or capricious. Section 13. STANDARDS FOR DETERMINING ALLOWABLE RETURN ON COMMON EQUITY. The Allowable Return on Common Equity is determined by and must satisfy the follow- ing standards: (a) The Allowable Return on Common Equity shall permit Company to earn a re- turn on its equity investment in property which it employs for the conven- ience of the public equal to that generally being made at the same time and in the same general part of the country on similar investments in other business undertakings which are attended by corresponding risks and un- certainties. (b) The Allowable Return on Common Equity shall be reasonably sufficient to assure confidence in the financial soundness of Company. (c) The Allowable Return on Common Equity shall be adequate under efficient and ,economical management to maintain and support Company's credit and enable it to raise the money necessary for the proper discharge of its public duties. Section 14. ACTUAL NET EARNINGS. Subdivision 1. In the computation of Actual Net Earnings, appropriate items may be amortized or accrued according to generally accepted accounting principles and, except as otherwise provided in this ordinance for specific items, the amounts and rates of amortization or accrual shall be based upon the actual experience of Company where such experience exists. Subd. 2. An allocation shall be made by Company of operating expenses and utility plant within and outside the Metro Area on a basis that reasonably reflects the occurrence of such expenses and plant for rendering service within and outside the Metro Area. Section 15. STABILIZATION RESERVE ACCOUNT. Subdivision 1. Actual Net Earn- ings greater or less than the Allowable Annual Return in any calendar year shall be credited or debited to an account designated the "Stabilization Reserve Account ". Subd. 2. Any credit balance in said account shall be credited monthly with interest computed at the current prime interest rate. Subd. 3. All or part of any debit or credit balance in said account may be amortized over not more than two years to balance earnings and to minimize fluctu- ations and stabilize rates in the Metro Area. By agreement of the Executive Com- mittee and Company all or part of any debit or credit balance in said account may be amortized over more than two years to balance earnings and to minimize fluctu- ations and stabilze rates in the Metro Area. - 17 - 5/17 Subd. 4. Any credit balance in the Stabilization Reserve Account shall not be used to benefit customers located in Municipalities where rates lower than the Metro Area Rates were charged in the period during which such credit accrued. Subd. 5. Any balance in said account at termination of the rate - making process in the Metro Area provided for in this franchise shall be promptly refunded or otherwise recognized for customers' benefit. Section 16. RESERVE FOR DEPRECIATION AND AMORTIZATION OF UTILITY PLANT, Subdivision 1. The Company's books of account shall contain an account designated as "Reserve for Depreciation and Amortization of Utility Plant ", or similar caption, which shall show accumulated charges to operating expenses on account of depreciation adjusted for salvage and retirements in accordance with Subd. 2 of this section. The annual charges to operating expenses for depreciation of depreciable property used and useful in rendering electric service in the Metro Area shall be an amount designed to recover ratably the original cost of such depreciable property over the estimated average service life of each group of property. Annual depreciation rates shall be revised periodically so as to reflect all factors bearing on the recovery of the original cost of such depreciable property over its estimated average service life. At least once every five years the Company shall prepare a depreciation study analyzing retirement experience and other factors relevant to the establishment of depreciation rates. Such study shall be used as a guide in determining the deprec- iation rates to be used to recover the original cost of depreciable property. Subd, 2. The actual original cost of property abandoned, otherwise retired from service or not used and useful in the public service for any cause, shall be credited to the appropriate plant account. Such original cost plus the costs inci- dental to said abandonment or retirement shall be debited to the Reserve for Deprec- iation and Amortization of Utility Plant, subject, however, to the provisions of Subd. 3 of this section. The salvage value received and any other amounts recovered from said property shall be credited to said Reserve. Subd. 3. When a substantial segment of Company's utility plant is abandoned or retired from service because of unusual obsolescence or property damage and such property is not fully covered by the Reserve for Depreciation and Amortization of Utility Plant, other reserves or by insurance, the unrecovered balance of such property after consideration of tax effects shall be credited to said Reserve or other appropriate reserve and be debited to a deferred account designated as "Extra- ordinary Property Losses ", or similar caption. Debits to said deferred account shall be amortized by charges to operating expenses as provided for in Section 14, and the unamortized balance shall be included in the Allowable Rate Base. Subd. 4. If the actual original cost is not shown by the books and records of Company or its predecessors, such amount shall be estimated and a record be made by Company showing the facts upon which said estimate was based, the manner in which it was determined, and the person by whom it was made. Section 17, ACCOUNTS AND RECORDS. Subdivision 1. All expense items, whether charged directly and entirely in a calendar year or amortized or accrued over a longer period, all revenue items and all balance sheet items shall be recorded in substantial accordance with the applicable provisions of the Uniform System of Accounts, as amended from time to time, by the Federal Power Commission. When - 18 - 5/17 optional accounting is permitted under the Federal Power Commissions Uniform System of Accounts, Executive Committee and Company shall agree on the option to be follow- ed for book and rate making purposes. Subd. 2. Company shall file with the Authority (a) schedules showing all of its rates and charges, (b) forms of service contracts or agreements, and (c) any rules and regulations relating to rates, charges or service by Company to its customers in the Metro Area, all of which shall be open for public inspection. Such schedules, forms and rules and regulations shall also be kept by Company, and shall be available at all reasonable times for public inspection. Subd. 3. Company shall keep, maintain and preserve proper and accurate engineer- ing, accounting, financial and statistical records relating to the construction, cost, maintenance and operation of its utility plant which show all financial trans- actions, including receipts and disbursements and the particulars thereof. Subd. 4. The Authority shall have accsss at all reasonable times to inspect, examine or audit all of the accounts, books, records, reports, contracts, documents and papers of Company relating to its electric operations. Subd. 5. Procedures and Accounting Manual. As soon as practicable after the effective date of this Ordinance, Company and the Rate Administrator shall compile a manual of procedures and accounting methods to implement this ordinance in accor- dance with the standards set forth herein. The terms of said manual shall apply to all rate filings and determinations until changed, modified or amended by mutual agreement of the Company and the Rate Administrator. Subd. 6. Company shall prepare and file with the Rate Administrator statements for its electric utility operations as provided in the Procedures and Accounting Manual. Section 18. INDEMNIFICATION. Company shall indemnify, keep, and hold Munici- pality, its officers, employees and agents free and harmless from any and:S.all liabil- ity on account of injury to persons or damage to property occasioned by the construct- ion, maintenance, repair, removal or operation of Company's property located in, on, over, under, or across the streets, alleys, public ways and public grounds of Munici- pality, unless such injury or damage is the result of the negligence of Municipality, its employees, officers or agents, or results from the performance in a proper manner of acts reasonably determined to be hazardous by Company, but such performance is nevertheless ordered or directed by Municipality after notice of such determination by Company. In the event that suit shall be brought against Municipality under cir- cumstances where the above agreement to indemnify applies, Company, at its sole cost and expense, shall defend Municipality in such suit if written notice of the suit is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If such notice is not seasonably given as hereinbefore provided, Company shall have no duty to indemnify nor defend. If Company is required to indem- nify and defend, it will thereafter have complete control of such litigation, but Company may not settle such litigation without the consent of the Municipality unless Municipality unreasonably withholds such consent. Section 19. RELOCATIONS. Subdivision 1. Whenever Municipality shall grade, regrade or change the line of any street or public place or otherwise improve any - 19 - 5/17 street or public place or construct or reconstruct any sewer or water system there- in and shall, with due regard to seasonal working conditions, reasonably order Company to relocate permanently its electrical facilities located in said street or public place, Company shall relocate its facilities at its own expense. Munici- pality shall give Company reasonable notice of plans requiring such relocation. Nothing in this ordinance contained shall deprive Company of its rights under Minn- esota Statutes Section 161.46, as amended. Subd. 2. Where the Municipality orders Company to relocate any of its facili- ties, Company shall proceed with such relocation. If such relocation is done without an agreement first being made as to who shall pay for the relocation cost, such relocation of the facilities by Company shall not be construed as a waiver of its right to be reimbursed for the relocation cost. If Company claims that it should be reimbursed for such relocation costs, it shall notify the Municipality within ten (10) days after receipt of such order. Subd. 3. Except where required primarily for a municipal improvement project, the vacation of any street, alley, public way or public ground, after the installa- tion of electrical facilities, shall not operate to deprive Company of the right to operate and maintain such electrical facilities, until the reasonable costs of re- locating the same and the loss and expense resulting from such relocation are first paid to Company. Section 20. TREE TRIMMING. Company shall have the permission and authority to trim all trees and shrubs in the streets, alleys, public ways and public grounds of Municipality, interfering with the proper construction, operation, repair, and maintenance of any poles, pole lines, conduits, fixtures or appurtenances, installed in pursuance of the authority hereby granted, provided that Company shall save Municipality harmless from any liability in the premises. Section 21. FRANCHISE TERMINATION. If Company shall be in default in the per- formance of any of the material terms and conditions of this ordinance and shall continue in default for more than ninety (90) days after receiving notice from the Municipality of such default, the Municipal Council may, by ordinance duly passed and adopted, terminate all rights granted under this ordinance to Company. The notice of default shall be in writing and shall specify the provisions of this ord- inance in the performance of which it is claimed that Company is in default. The validity and reasonableness of any ordinance so passed declaring a forfeiture of the rights and privileges granted by this franchise ordinance shall be subject to review by a court of competent jurisdiction. Section 22. CHANGE IN FORM OF GOVERNMENT. Any change of the form of govern- ment of the Municipality as authorized by the State of Minnesota shall not affect the validity of this franchise. Any municipal corporation succeeding the Munici- pality shall;; =without the consent of Company, succeed to all the rights and obli- gations of the Municipality provided in this franchise. Section 23, COSTS OF ADMINISTRATION. The Company- agrees to pay to the Author- ity, an initial sum of $150,000 within 30 days after written acceptance of this franchise by Company, and not less than $160,000 per year payable in quarterly in- stallments commencing on January 10, 1974, to be allowed as an operating expense to the Company and which shall be used to secure compliance with this ordinance, and for such other purposes relating to the Company's costs of service as the Authority - 20 - 5/17 shall deem necessary. The amount of such annual payment shall be subject to re- view and revision by the Authority and Company at the end of 1975 and thereafter as mutually agreed to. Section 24, ASSIGNMENT. Company upon notice to the municipality shall have full right and authority to assign all rights conferred upon it by this ordinance to any person, persons, firm or corporation. The assignee of such rights, by accepting such assignment, shall become subject to the terms and provisions of this ordinance. Section 25. WRITTEN ACCEPTANCE. Company shall, if it accepts this ordinance and the rights hereby granted, file a written acceptance of the rights hereby granted with the Municipal Clerk within 30 days after the effective date of the agreement establishing the Authority. Section 26. REVOCATION. If this uniform franchise ordinance is not adopted by July 31, 1973, by Municipalities in which 60% of Company's electric customers in the Metro Area were located on January 1, 1973, the Municipal Council may revoke the same. However, this right of revocation shall terminate when the Authority is established. For this purpose each Customer Account of Company shall be deemed a customer. Company shall notify the Municipal Clerk in writing whether the above condition has been met. If revoked, the provisions of this ordinance shall be with- out prejudice in any subsequent proceeding. Section 27. EFFECT ON EXISTING FRANCHISE. It is the intention of the Council that this franchise ordinance is effective upon compliance with Section 25 and that it shall thereafter govern the rights and duties of Company and Municipality until its termination. It is further the intention of the Council that the existing fran- chise granted to Company (Ordinance No. 187) is not repealed but is superseded by the terms of this ordinance and that upon termination of this ordinance the existing franchise will continue to govern the rights and duties of Company and Municipality until the termination thereof. Section 28. PUBLICATION EXPENSE ordinance shall be paid by Company. Seconded by Councilman Haugan. b. Joint Powers Agreement The expense of publication of this franchise Ayes - all. 1. Manager Miller stated the agreement has been reviewed by the Village Attorney and approved as to form. 2. Councilman Olmstead introduced the following resolution and moved its adoption: 73 -5 -92 VILLAGE OF MAPLEWOOD, MINNESOTA RESOLUTION AUTHORIZING PARTICIPATION IN THE METRO RATE AUTHORITY; DIRECTING THE EXECUTION AND DELIVERY OF A JOINT POWERS AGREEMENT; AND DESIGNATING A REPRESENTATIVE OF THE VILLAGE AS ITS MEMBER ON THE BOARD OF THE METRO RATE AUTHORITY. - 21 - 5/17 WHEREAS, the Village of Maplewood is authorized by Minnesota Statutes, Section 471.59 to enter into joint and cooperative agreements with other governmental units, and WHEREAS, the Village Council has determined that it is necessary and desirable that the Village cooperate with other municipalities in the regulation of electric utility service in the Metropolitan Area by participating in the Metro Rate Authority, and WHEREAS, the Village has granted a uniform franchise to Northern States Power Company and is, therefore, eligible for membership in the Metro Rate Authority, an organization established to administer the rate provisions of such uniform franchises adopted by its members. NOW, THEREFORE, BE IT RESOLVED by the Village Council of Maplewood, Minnesota, as follows: 1. The Mayor and Clerk are authorized and directed to execute the attached Joint and Cooperative Agreement providing for member- ship of the Village in the Metro Rate Authority. 2. In accordance with the provisions of the Joint and Cooperative Agreement, the Council hereby designates the Village Manager as its first director on the Board of Directors of the Metro Rate Authority. 3. The Village Clerk is directed to file a copy of the executed agreement together with a certified copy of this resolution with the City Manager of the City of Columbia Heights. Seconded by Councilman Greavu. Ayes - all. 6. Building Plan Review - Office and Warehouse (Gervais Avenue) a. Manager Miller presented the staff report with the recommendation that the proposal is incompatible with the Community Design Review Ordinance for the following reasons: 1. The proposal does not secure the general stated purpose of the Com- munity Design Review Ordinance as stated; 2. The proposal by design and location in relationship to the neighboring developments and lands impairs and interferes with the use and enjoy- ment of such neighboring development and lands; 3. The proposal by design and location is not in keeping with the char- acter of the surrounding developments and presents a detrimental effect upon the harmonious and attractive development of the area; and 4. The proposal by design and location would not provide a desirable en- vironment for both its occupants and its neighbors, and that such pro- posal acts to disrupt the aesthetics of the area through the grading proposed and the intensity of development scale proposed for the site as related to the surrounding area. - 22 - 5/17 b. Chairman Warren Peterson presented the following Community Design Review Board's recommendation: "Board Member Ottman moved that the Board recommend to the Village Council approval of the revised site development plan of the Condor proposal for an office - warehouse subject to the following conditions: 1. Driveway radius onto Gervais Avenue from the parking lot openings shall be provided; 2. A retaining wall shall be installed on the west side or portion where the grade is the steepest to retain a 1 to 1 1/2 slope; 3. Provide a curb on the west side of the west driveway leading south from Gervais Avenue; 4. Eliminate one parking space at each end of the parking area on the south side of Gervais Avenue for improved access visibility onto Gervais Avenue; 5. All roof mechanical equipment shall be screened from view; 6. At the time of occupancy call for Building A on the south of the site a temporary landscaping screening shall be provided to screen the building A loading area view from Gervais Avenue unless a building permit is actually issued by the Village to Building B to the north at that time of occupancy call for Building A to the south; 7. A drainage plan shall be submitted by the applicant and approved by the Village Engineer and the approved drainage plan shall be assured by the developer that no increase in drainage runs off of this site in any greater volume or rate than is the case prior to its development as proposed. Board Member Arndt seconded the motion. Board Member,S mk ns moved that an additional condition No. 8 be provided that the exterior of both buildings shall be either slump stone block or precase concrete panel exteriors. Board Member Arndt seconded the Simkins amendment. The amendment carried Ayes all. Chairman Peterson then called for a vote on the total motion as proposed by Board Member Ottman. The Chairman declared the Ottman motion to have carried by a vote of 6 to 1 with Member Howard voting no on the motion." c. Mr. Jim Riley, Condor Corporation, spoke regarding the proposal and also stated that they are willing to comply with all the conditions recommended by the Community Design Review Board. d. Councilman Greavu moved to approve the revised plan submitted by Condor Corporation for a office and warehouse on Gervais Avenue subject to the follow- ing conditions: - 23 - 5/17 1. Driveway radius onto Gervais Avenue from the parking lot openings shall be provided; 2. A retaining wall shall be installed on the west side or portion where the grade is the steepest to retain a 1 to 1 1/2 slope; 3. Provide a curb on the west side of the west driveway leading south from Gervais Avenue; 4. Eliminate one parking space at each end of the parking area on the south side of Gervais Avenue for improved access visibility onto Gervais Avenue; 5. All roof mechanical equipment shall be screened from view; 6. At the time of occupancy call for Building A on the south of the site a temporary landscaping screening shall be provided to screen the building A loading area view from Gervais Avenue unless a building permit is actually issued by the Village to Building B to the north at that time of occupancy call for Building A to the south; 7. A drainage plan shall be submitted by the applicant and approved by the Village Engineer and the approved drainage plan shall be assured by the developer that no increase in drainage runs off of this site in any greater volume or rate than is the case prior to its development as proposed; 8. Exterior of both buildings shall be either slump stone block or precast concrete panel exteriors; 9. A time limit of 120 days be given to obtain the necessary permits; 10. A sign be posted on the east driveway stating "trucks right turn only "; 11. That the trees as shown on the two artists sketchs be provided at time of building occupancy, or if unseasonable, escrow be provided; 12. The applicant and owner agree to the above conditions in writing. Seconded by Councilman Olmstead. Motion carried. Ayes - Councilmen Greavu, Haugan, Olmstead and Wiegert. Nays - Mayor Axdahl (voted no based on his concern regarding the drainage pattern.) 7. Subdivision - Tilsen's Maplewood Heights No. 8 (Final Plat) a. Manager Miller stated the final plat is in conformance with the approved preliminary plat for Tilsen's Maplewood Heights No. 8. Approval of the final plat is recommended subject to the signing of the development contract. It should be pointed out that the question of the wordage relative to the ded- - 24 - 5/17 ication of park land has raised some legal questions. The Attorney feels that future problems could be avoided by the dedication of the land for "public purposes" rather than for "park purposes ". The dedication for "park" purposes would protect the usage of the land for that sole purpose; however, it could also present future legal problems relative to trading of the lands, installation of utilities or out -right sale. We would like the Council's de- cision relative to the wordage of this section of the contract. I would sug- gest that if the words "public" purposes rather than "park" purposes is utilized, that a resolution of intent be adopted which would tie any changes in the usage of the land to the comprehensive master plan. b. Councilman Wiegert Dlat subiect to the si en's Seconded by Councilman Greavu. Ayes - all. 8. Subdivision - Progress Realty (Request for Variance) the a. Manager Miller stated the Progress Realty Company requests to be relieved of certain requirements regarding improvements for subdivisions. The applicant gives no justification for such relief although I suspect that he will point out the cost factors involved in the installation of certain improvements. We have two examples of the relieving of developers of the responsibility for the installation of improvements at the time of development. The Gladstone area of Maplewood provides a good example of the long range effects of improvements not being installed at the time of development. The Pleasantview Park sub- division gives us an example of the short range effects of such a relief. It is felt that the granting of such a request would establish a dangerous prece- dent and result in many more requests for such relief. It would also result in the burden of the installation of the improvements being shifted to the Vil- lage and the property owners. Denial is recommended. b. Mr. Samson Cukier, owner of Progress Realty, stated reasons for requesting the variances. c. Following further discussion, Councilman Haugan mov of Mr. Cukier to be relieved of certain requirements re for subdivis Seconded by Councilman <Wiegert. Ayes - all. H VISITOR PRESENTATIONS None. 1. 1973 Bond Sale a. Manager Miller recommended that the Village undertake the issuance of a permanent bond issue in the amount of $2,175,000.00 and a temporary bond issue - 25 - 5/17 $890,000.00. The 1973 Water Improvements and the Ripley Avenue, Flandrau Street and Londin Lane improvements are to financed from the permanent issue. The shoo -fly and railroad bridge for the Beam Avenue improvement are to be financed from the temporary bonds. A bid letting date of June 7, 1973 is suggested. b. Mr. Robert Sander, Juran and Moody, fiscal agents, presented the specifics of the bond issues. c. Councilman Greavu introduced the following resolution and moved its adoption: 73 -5 -93 RESOLUTION PROVIDING FOR PUBLIC SALE OF $890,000 TEMPORARY IMPROVEMENT BONDS OF 1973 AND $2,175,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1973 BE IT RESOLVED by the Village Council of the Village of Maplewood, Minn- esota, as follows: 1. It is hereby found, determined and declared that this Village should issue $890,000 Temporary Improvement Bonds of 1973 and $2,175,000 General Ob- ligation Improvement Bonds of 1973 to defray the expense of various improve- ments in the Village. 2. This Council shall meet at the time and place specified in the forms of notice hereinafter contained for the purpose of opening and considering sealed bids for, and awarding the sale of $890,000 Temporary Improvement Bonds of 1973 and $2,175,000 General Obligation Improvement Bonds of 1973 of said Village. 3. The Village Clerk is hereby authorized and directed with respect to each bond issue to cause notice of the time, place and purpose of said meeting to be published in the official newspaper of the Village and in Commercial West not less than ten days in advance of date of sale, as provided by law, which notices shall be in substantially the following form: NOTICE OF BOND SALE $890,000 TEMPORARY IMPROVEMENT BONDS OF 1973 VILLAGE OF MAPLEWOOD RAMSEY COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: TIME AND PLACE: Thursday, June 7, 1973, at 7:30 o'clock P.M., at the Village Hall in Maplewood, Minnesota. - 26 - 5/17 IC4'iapffolm' Nell.' DATE OF BONDS: PURPOSE: INTEREST PAYMENTS: MATURITY: Negotiable coupon general obligation bonds, $1,000 or $5,000 denominations at the option of the bidder. July 1, 1973. Temporary financing of various improvements in the Village. July 1, 1974, and semiannually thereafter on January 1 and July 1. July 1, 1976 in the amount of $890,000. REDEMPTION: At the option of the issuer, all bonds shall be subject to prior payment, in in- verse order of serial numbers, on July 1, 1975 and any interest payment date there- after, at a price of par and accrued interest. PAYING AGENT: Bidder's discretion. DELIVERY: 40 days after award subject to approving legal opinion of Messrs. Briggs and Morgan of St. Paul, Minnesota. Bond printing and legal opinion will be paid by issuer and delivery will be anywhere in the continental United States without cost to the purchaser. Legal opinion will be printed on the bonds at the request of the successful bidder. TYPE OF BID: Sealed bids of not less than $873,500 and accrued interest on the principal sum of $890,000 from date of bonds to date of delivery must be filed with the undersigned prior to the time of sale. Bids must be un- conditional except as to legality. A cer- tified or cashier's check in the amount of $17,800, payable to the order of the Treas- urer of the issuer must accompany each bid, to be forfeited as liquidated damages if bidder fails to comply with accepted bid. Bids for the bonds should be addressed to: Mrs. Lucille Aurelius, Village Clerk, Vil- lage Hall, 1380 Frost Avenue, Maplewood, Minnesota, 55109. RATE: The rate of interest must be in an integral; multiple of 1 /20th of 1% and may not exceed 7% per annum. Additional interest coupons may not be used. AWARD: - 27 - Award will be made solely on the basis of 5/17 lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all bonds from their date to their stated maturity. The net effective average rate of the issue may not exceed 7% per annum. The issuer reserves the right to reject any and all bids, to waive informalities and to adjourn the sale. Dated: May 17, 1973. BY ORDER OF THE VILLAGE COUNCIL /s/ Lucille Aurelius Village Clerk Additional information may be obtained from: JURAN & MOODY, INC. 114 East Seventh Street St. Paul, Minnesota 55101 Telephone No. 612 - 224 -9661 NOTICE OF BOND SALE $2,175,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1973 VILLAGE OF MAPLEWOOD RAMSEY COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: TIME AND PLACE: Thursday, June 7, 1973, at 7:30 o'clock P.M. at the Village Hall in Maplewood, Minnesota. TYPE OF BONDS: Negotiable coupon general obligation bonds, $1,000 or $5,000 denominations at the option of the bidder. DATE OF BONDS: July 1, 1973. PURPOSE: Various improvements in the Village. INTEREST PAYMENTS: July 1, 1974, and semiannually thereafter on January 1 and July 1. MATURITIES: July 1 in each of the years and amounts as follows: - 28 - 5/17 $ 65,000 1975 $120,000 1985 -86 $ 75,000 1976 $130,000 1987 $ 80,000 1977 $135,000 1988 $ 85,000 1978 -79 $140,000 1989 $ 90,000 1980 $145,000 1990 $ 95,000 1981 $155,000 1991 $100,000 1982 $165,000 1992 $105,000 1983 $175,000 1993 $110,000 1984 REDEMPTION: At the option of the issuer, bonds maturing on or after July 1, 1984 shall be subject to prior payment, in inverse order of serial numbers, on July 1, 1983 and any interest payment date thereafter, at a price of par and accrued interest. PAYING AGENT: Bidder's discretion. DELIVERY: 40 days after award subject to approving legal opinion of Messrs. Briggs and Morgan of St. Paul, Minnesota. Bond printing and legal opinion will be paid by issuer and delivery will be anywhere in the continental United States without cost to the purchaser. Legal opinion will be printed on the bonds at the request of the successful bidder. TYPE OF BID: Sealed bids of not less than $2,135,000 and accrued interest on the principal sum of $2,175,000 from date of bonds to date of delivery must be filed with the undersigned prior to the time of sale. Bids must be un- conditional except as to legality. A cer- tified or cashier's check in the amount of $43,500, payable to the order of the Treas- urer of the issuer must accompany each bid, to be forfeited as liquidated damages if bidder fails to comply with accepted bid. Bids for the bonds should be addressed to: Mrs. Lucille Aurelius, Village Clerk, Vil- lage Hall, 1380 Frost Avenue, Maplewood, Minnesota, 55109. RATES: All rates must be in integral multiples of 1 /20th of 1% and may not exceed 7% per annum. Additional interest coupons may not be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to bonds of any preceding matur- ities. No limitation is placed upon the number of rates which may be used. - 29 - 5/17 AWARD: Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduct- ion of any premium from the total interest on all bonds from their date to their stated maturity. The net effective average rate of the issue may not exceed 7% per annum. The issuer reserves the right to reject any and all bids, to waive informalities and to adjourn the sale. Dated: May 17, 1973. BY ORDER OF THE VILLAGE COUNCIL /s/ Lucille Aurelius Village Clerk Additional information may be obtained from: JURAN & MOODY, INC, 114 East Seventh Street St. Paul, Minnesota 55101 Telephone No. 612 - 224 -9661 4. Each and all of the terms and provisions of the foregoing forms of notice are hereby adopted as the terms and conditions for the respective bond issues and the sale thereof. Seconded by Councilman Wiegert. Ayes - all. 2. Sign Permit a. 3M Center 1. Manager Miller stated the applicant wishes to erect a free standing company indentification sign in the intersection median divider at the intersection of Eleventh Street and the 3M frontage road along the north side of I -94. The proposed sign is to have a height of 13 feet, a surface of 30 square feet and dimensions of five feet by six feet. It will be supported by two pylon supports. It would be so situated as to have seven feet of clearance beneath the sign to ground level and is proposed to be illuminated. It is not indicated if the sign is to be double faced or single faced. It is suggested that traffic information be placed on the north side of the sign for exiting site traffic in terms of caution or safety warnings. The proposed sign design is clear, concise, informative and of a simple design and the sign designer should be complimented. Approval of the proposed sign is recommended. - 30 - 5/17 2. Chairman Warren Peterson presented the recommendation of the Community Design Review Board: "Board Member Howard moved that the Board recommend to the Village Council that it concurs with the Manager's report and recommendation. Board Member Simkins seconded. Motion carried - Ayes all." 3. Councilman Greavu moved to approve the sign permit for the 3M Company as recommended in the Manager's report. Seconded by Councilman Olmstead. Ayes - all. b. 1195 East Highway 36 (Grandma's Antiques) 1. Manager Miller stated an alternate sign proposal was submitted after the staff report had been written. The sign is in line with the suggest- ions of the staff report and therefore approval is recommended. 2. Chairman Warren Peterson presented the following Community Design Review Board recommendation: "Board Member Glasow retracted his original motion and moved that the revised free standing sign be recommended for approval subject to the sign clearance being approved by the staff for traffic safety. Board Member Ottman seconded, and offered an additional amendment to restrict the sign to wordage indicating only "Grandma's House Antiques" as the verbage to be placed on the sign. Board Member Ottman seconded the ottman amendment and it passed Ayes all." 3. Councilman Wiegett moved to approve the sign permit for "Grandma's s Seconded by Councilman Greavu. Ayes - all. 3. Assessment Cancellation Request - Harry E. Zacho a. Manager Miller stated an easement for sanitary sewer purposes was acquired through condemnation proceedings in district court in 1960 for the area shown on the attached map (Lakewood Drive and Magnolia Avenue). A letter dated Dec- ember 7, 1960 from the Village Attorney outlines the costs involved in acquiring the easement. The assessment for the parcel was deferred until last year. Mr. Zacho has asked the staff to cancel his assessment on the property. He claims that the district court stipulation stated that no assessment would be levied against the parcel owned by him. Mr. Zacho was asked to produce a copy of the stipulation in order to ascertain the exact court order pertaining to the property. It is felt that this information is necessary prior to the under- taking of proceedings to remove the assessment from the rolls. To date we have not received the necessary information from Mr. Zacho. If Mr. Zacho produces the information requested, it is suggested that it be referred to staff for re- view and comment at the next regular meeting. If Mr. Zacho does not produce - 31 - 5/17 the stipulation in question, it is recommended that no action be taken on his request to cancel the assessments. b. Mr. Harry E. Zacho reviewed the matter pertaining to the assessment. He remembers discussion with the Judge at the time of condemnation, that he should not be assessed. c. Councilman Greavu moved to table the matter until Mr. Zacho provides more information. Seconded by Councilman Wiegert. Ayes - all. 4. Lot Divisions a. Schroeder, 380 E. County Road B 1. Manager Miller presented a request from Mrs. Josephine Schroeder, 380 E. County Road B to divide her property into four lots. The Council policy has been to consider lot divisions resulting in three or less lots and to require full subdivision platting where four or more lots result. It is recommended that the Schroeder request be denied based upon Council policy of requiring subdivision platting where four or more lots will result. 2. Mr. Vince Heniur, agent representing Mrs. Schroeder, spoke on behalf of the request. 3. Village Planner Seida presented the staff report. 4. Discussion followed relative to lot pattern established throughout the area and the similarit of this pro sal to thatlpatter . 5. Councilman Haugan movedy to approve ��ie request of Mrs. Jnosephine Schroeder to divide 1.76 acres of land at 380 E. Countv Road B into four B be street Seconded by Councilman Greavu. Ayes - all. b. Spears, Hazelwood Avenue 1. Manager Miller presented a request of Mr. T.R. Spears to divide a portion of Block 1, Wakefield Manor into four lots and to be allowed to be reduced from the Platting Code minimum of 100 feet frontage for corner lots to 78.26 feet. It is recommended that the request be denied based on Council policy of requiring subdivision platting where four or more lots will result. 2. Village Planner Seida presented the staff report. 3. Councilman Olmstead moved to deny the request of Mr. Spears for the lot division, based on the Manager's recommendation. Seconded by Councilman Wiegert. Ayes - all. C. Peterson, Edgerton Street 32 - 5/17 Manager Miller stated Mr. Peterson had withdrawn his request. 5. Sport Car Meet Permit - 3M Sports Car Club a. Manager Miller stated the 3M Sprots Car Club has requested that the ord- inance limiting the allowable speed on parking lots of 15 miles per hour be waived in order to allow that Club to conduct events on the 3M Company Building 224 parking lot on June 24 and August 19. In their application they state that they follow Metropolitan Council of Sprots Car Clubs rules although they admit that they will exceed the speed limits. The Village Attorney has reviewed the request, and has advised me that the only method of waiving the ordinance would be to amend the 15 -mile an hour speed limit portion of the ordinance. It is felt that the following problems arise in such an event: 1. The liability in the event of an accident with injury to the partici- pants or spectators that the Village might incur if such a permit were issued; 2. The noise pollution resulting from many vehicles accelerating on Sun- day; and 3. Speeds on a flat parking lot in excess of the designed use lend them- selves to accidents. Any amendment to the ordinance would apply to all private parking lots in the Village. For this reason and those stated above, it is recommended that the request be denied. b. Mr. Vernon Wood, President of 3M Sports Car Club spoke on behalf of the request. c. Following further discussion, Councilman Olmstead moved first tion Seconded by Councilman Wiegert. Ayes - all. 6. Street Improvement - Conway Avenue, McKnight Road to Century Avenue a. Manager Miller stated in order to facilitate the improvement and to attempt to meet deadlines established by the development of the 3M property north of Conway, it is suggested that the Council order a feasibility study for the im- provement of Conway Avenue through the construction of a street, including grad- ing, paving, curb and gutter and lighting, signalization, landscaping and nec- essary widening and channelization of Carlton Street to effect a proper inter- section and the necessary utilities. This would make the project a Council- initiated project and would require a four fifths vote for approval. The order- ing of a feasibility study is recommended. b. Councilman Olmstead introduced the following resolution and moved its adoption: - 33 - 5/17 7 73 -5 -94 WHEREAS, the Village Council has determined that it is necessary and expedient that Conway Avenue between McKnight Road and Century Avenue be improved by construction of street, including grading, paving, curb and gutter, lighting, signalization, landscaping and necessary widening and channelization of Carlton Street and the necessary utilities, and WHEREAS, a certain petition has been received by the Village Council for the aforesaid improvement and whereby said petition has been declared to be signed by the required percentage of owners of the property affected thereby; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA that the improvement as hereinbefore described is hereby referred to the Village Council and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and should best be made as proposed and the estimated cost of the improvement as recommended, and the Village Eng- ineer is hereby authorized to engage the services of Howard, Needles, Tammen and Bergendoff to assist him in the preparation of the report. Seconded by Councilman Greavu. Ayes - Councilmen Greavu, Haugan, Olmstead and Wiegert. Mayor Axdahl abstained. c. Manager Miller recommended the firm of Howard, Needles, Tammen and Bergen - doff be hired to prepare the feasibility study. d. Councilman Greavu Bergendoff to oreoare Seconded by Councilman Olmstead. Ayes - all. Ramsey County Street Light Policy - Resolution les. Tammen and a. Manager Miller stated that the Ramsey County Board is seriously considering the possibility of cutting the expenditures for street lighting on County roads from its upcoming budget. This would result in the expenditure either being picked up by the Village or the elimination of street lighting from County roads in the Village. It should be pointed out that the City of St. Paul receives money for the construction of street lights in its annual allocation for County roadways. It is suggested that the attached resolution be adopted and forward- ed to the Ramsey County Board strongly urging that Board to retain the street light function. b. Councilman Greavu introduced the following resolution and moved its adoption: 73 -5 -95 WHEREAS, the Ramsey County Highway System is an integrated network providing for the needs of all residents of Ramsey County; and - 34- 5(17 WHEREAS, adequate street lighting is needed to insure safe usage of the highways; and WHEREAS, the City of St. Paul receives money for the construction of street lights in their annual allocation; THEREFORE, BE IT RESOLVED, BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINN- ESOTA that it is strongly urged that the Ramsey County Board of Commissioners retain a street lighting function for the suburban communities and increase its allocation to this function to provide needed street lights which would be a benefit to all citizens of the County of Ramsey. Seconded by Councilman Olmstead. Ayes - all. 8. Natural Resources Legislation - Resolution a. Manager Miller presented a resolution stating that the State of Minnesota should proceed to finance grants to Municipalities regarding park development and purchasing. There have been Federal Funds eliminated for these purposes. b. Councilman Wiegert introduced the following resolution and moved its adoption: 73 -5 -96 WHEREAS, the State of Minnesota has recognized the importance of parks, recreation, and open space in the quality of life for the residents of Minn- esota, and has assigned a high priority to the provision of said parks, recreat- ion, and open space areas and facilities; WHEREAS, the State Legislature has established a Natural Resources Fund in the amount of $9,750,000 for the last biennium for regional and local park, recreation, and open space needs to be used to match federal grant assistance for said programs; WHEREAS, federal allocations for parks, recreation, and open space pro- grams have been reduced from approximately $6,000,000 in the last biennium to an anticipated $400,000 for the Federal Government's fiscal year 1974; WHEREAS, demands for parks, recreation, and open space have increased sub- stantially, thus requiring a greater effort on the part of all units and levels of government to meet this demand. NOW, THEREFORE, BE IT RESOLVED that the Council of the Village of Maple- wood does hereby request the Minnesota State Legislature to appropriate an amount of at least $5,000,000 to the Local Assistance Account of the Natural Resource Fund, otherwise referred to as paragraph g. These monies to be dis- tributed to municipalities within the State of Minnesota by the State Planning Agency, Office of Local and Urban Affairs, on a 50 -50 matching basis to assist in meeting the park, recreation, and open space needs of the State of Minnesota, said monies to be distributed to municipalities without regard to federal grant assistance. - 35 - 5/17 The Council of the Village of Maplewood does also support the concept of accelerated acquisition of regional parks and open space facilities within the Metropolitan Area and, therefore, supports bonding authority to this end. Seconded by Councilman Greavu. Ayes - all. 9. Limited Use Permit Agreement - State Highway Department a. Manager Miller stated we have received an agreement from the Minnesota State Highway Department which would allow us to remove fencing and shape the slope of the earth berm on Highway 35E right -of -way adjacent to the Western Hills Park. It is recommended that the Council authorize the signing of the agreement. This work is in line with the development of the Western Hills Park. b. Councilman Greavu the Minnesota State H e me Slone on Seconded by Councilman Olmstead. Ayes - all. 10. Planning Commission - appointments a. Manager Miller stated the Council has received the resignations of Larry Batman and Gerald Mogren from the Planning Commission. Mr. Batman's term will expire December 31, 1973 and Mr. Mogren's term will expire December 31, 1974. b. Mayor Axdahl read a communication from Lyman Coombs, Chairman of the Plan- ning Commission, suggesting Mr. Robert Bruton be appointed. c. Councilman Greavu moved to not accept the resignation of Gerald Mogren. Councilman Greavu withdrew his motion in favor of a motion suggested by Councilman Wiegert. d. Councilman Wiggert moved to send a letter to Mr. Mogren and ask him to reconsider his resignation. Seconded by Councilman Olmstead. Ayes - all. e. Councilman Wiegert moved to appoint Mr. Robert Bruton to the Planning Commission to fill the position vacated by Mr. Larry Batman. Seconded by Councilman Haugan. Ayes - all. J. COUNCIL PRESENTATIONS 1. Mayor Axdahl stated that according to the newspaper, North Saint Paul would like to meet with this Council. Manager Miller stated he had talked to Mr. Splinter and he indicated that their Council would like to get together with this Council to discuss things, rather - 36 - 5/17 than read newspaper articles about each other. Manager Miller and Mr. Splinter to set up a meeting date. 2. Mayor Axdahl stated that the comment was made again tonight that we ought to have a committee on Beam Avenue area. Does anyone wish to pursue that? No action taken. 3. Mayor Axdahl asked if anyone wished to comment on the Open Space Priorities, which will be having a hearing. Councilman Wiegert is to write the Council's response. 4. Mayor Axdahl stated recognition should be given to Larry Batman. Councilman Greavu moved to send a letter of recognition to Larry Batman. Seconded by Councilman Haugan. Ayes - all. 5. Councilman Wiegert stated he attended a Ramsey County League meeting last night. Dean Anklan stated that the monthly meetings for Municipal Engineers has been poorly attended. He would like the Municipalities to inform their engineers that their presence is needed. Engineer Collier stated that Maplewood has had a representative at each of the monthly meetings. 6. Councilman Wiegert stated Mr. Anklan commented that it was difficult for the County to pay assessments against County property when they do not receive notices. The Village has sent notices to the County whenever any of their property is involved. The question was raised by the Council if Ramsey County had paid for the addition- al amount billed them for the Larpenteur Avenue Storm Sewer Improvement. Councilman Wiegert moved that Ramsey County be asked to pay that bill. Seconded by Councilman Greavu. Ayes - all. 7. Councilman Wiegert stated at the League Meeting, they ended up with a committee being appointed to look into the restructuring of the Ramsey County League. Council- man Wiegert did agree to be on the committee. 8. Councilman Wiegert stated at the League Meeting they passed out a building program for the Ramsey County Public Library. The Library Board would like some reaction from the Municipalities. 9. Councilman Wiegert stated in the action taken by the Metropolitan Council on May 11, they, the Council and staff, would like to be notified when the public hearings are to be held on the Municipal Comprehensive Plan. Representatives of the Metro- politan Council wish to attend these hearing. - 37 - 5/17 10. Councilman Wiegert also stated the Metropolitan Council has approved the changes on the Minnehaha - 694 interchange and recommend that Washington and Ramsey County complete plans for upgrading of Minnehaha Avenue, east and west of the inter- change and the two intersections, Minnehaha Avenue and County Road 120 and McKnight Road. 11. Councilman Wiegert stated that we had something fly by about Al Kastner and his lot on Junction that is too low for a building permit. On May 7th the Ramsey County Board reduced his taxes on those lots. Mr. Kastner considered the property worth $4,500, the assessor indicated that the market value was $4,000 to $4,400 and that a building permit could be issued, if drain tile or a sump pump were installed, but the assessor then went ahead and recommended the valuation below what Mr. Kasther had estimated the value of the lots to be. A note should be made of the May 7-th action and attached to the file. 12. Councilman Greavu questioned if staff could contact the Ramsey County Recreation Department about draining that swamp in Battle Creek. Staff to investigate. 13. Councilman Wiegert asked if staff was working on Dick Lofgren's problem. Attorney Lais stated we were asking for authority to condemn. Manager Miller stated he had a referral from John Bannigan regarding this matter. K. ADMINISTRATIVE PRESENTATIONS 1. Manager Miller stated in the April 9th minutes of the Ramsey County Board, it is indicated that possibly Ramsey County no longer has a drainage policy and that policy has cost Maplewood a lot of money. Maplewood has attempted to follow it and thinks it's a good policy, but it seems to have been reversed. No one has ever let us know when they reversed it. We seem to be the only one who has followed it. Maplewood at least deserves a response from them. Councilman Wiegert moved that the Manager be authorized to pursue this question by writing a letter to the Board of Ramsey County Commissioners regarding their drainage policy. Seconded by Councilman Olmstead. Ayes - all. 2. Manager Miller stated we received a bill from the County Board on our County Ditch 18 study, which has been around for a few years, ever since he got here. We are preparing to pay the bill on it, but we received a note from the County stating that we owed about 3 or 4 thousand dollars interest, so we checked back and found out that the bill for the storm sewer on Larpenteur Avenue has been outstanding for a number of years and charged interest on that; we submitted a bill to them for the difference and told them we would forgive them the Amount of our interest on our County Ditch 18. So, at the present time this information is going through their administrative organization. 3. Manager Miller received a call from someone in Tony Crea's office about the bill board at Aldrich Arena- They are looking into it. - 38 - 5/17 4. Manager Miller stated that Chief Schaller wished him to mention to Council that a complaint has been received aboutthe Bingo games being conducted on Wed - nesday nights at the Presentation Catholic Church. Youth, from 8 to 18 years of I age, are playing bingo. 5. Attorney Don Lais stated the sewer board has again refused permits. He has talked to one of the fellows there and they said they are under instructions not to grant . any permits to any community, that is to connect into any interceptors, where they haven't paid or aren't current on their Service Availability Charge. We are not current, even though we paid according to their definitions. We would like permission to talk to them and if we can't get any results, then to start a court action within that law suit we already have, trying to get a writ compelling them to allow us to connect. Councilman Wiegert moved authority for staff to talk with the Metro Sewer Board and if no results are achieved, a court action should be started. Seconded by Councilman Greavu. Ayes - all. 6. Councilman Greavu questioned' staff regarding the lights on Michael Lane. Engineer Collier stated any additional lights installed would be above and beyond any that we normally place at intersections. L. PRESS DISCUSSIONS None. M. ADJOURNMENT 1:06 A.M. i C' y Clerk - 39 - 5/17 MINUTES OF MAPLEWOOD BOARD OF APPEALS AND ADJUSTMENTS 7:30 P.M., Thursday, May 17, 1973 Council Chambers, Municipal Building Meeting No. 73 - 3 A. CALL TO ORDER A meeting of the Board of Appeals and Adjustments of Maplewood, Minnesota was held in the Council Chambers, Municipal Building and was called to order at 7:49 P.M. by Chairman Haugan. °B. ROLL CALL Harald L. Haugan, Chairman Present Lester G. Axdahl Present John C. Greavu Present Donald E. Olmstead Present Donald J. Wiegert Present C. APPROVAL OF MINUTES 1. Minutes No. 73-2 (April 5, 1973) Councilman Greavu moved approval of the Minutes of Meeting No. 73-2 (April 5, 1973) as submitted. Seconded by Councilman Wiegert. Ayes - all. D. PUBLIC HEARINGS 2. Garage Area Variance, 2740 Gem Street (7:45 P.M.) John Brandel a. Chairman Haugan convened the meeting for a public hearing on a request of Mr. John Brandel, 2740 Gem Street to construct a double garage in addition to the existing single garage. The Clerk read the notice of hearing along with the publication date. b. Manager Miller stated the applicant wishes to construct a double garage having an area of 543 square feet in addition to his existing single garage which has an area of 348 square feet. The Village Code provides that the maximum building, shed or enclosure designed for the shelter or storage of motor vehicles shall not exceed 750 square feet floor area. The applicant's proposal will increase his total floor area for storage of motor vehicles on his single residential site to 891 square feet. There is no evidence that the case in question is unique and no reason is given or seen for varying from the standard maximum of 750 square feet. Denial is recommended. c. Commissioner Bill Howard presented the following Planning Commission re- port: "Commissioner Kishel moved that the Planning Commission recommend to the Board of Appeals that the variance request be denied based upon the Manager's re- port. Commissioner Disselkamp seconded. Motion carried. Ayes 7, Nays 2." d. Chairman Haugan called for proponents. The applicant, John Brandel, 2740 Gem Street, spoke on behalf of the request. e. Chairman Haugan called for opponents. None were heard. f. Chairman Haugan closed the public hearing. g. Councilman Olmstead moved to deny the request of Mr. John Brandel for a garage area variance. Seconded by Mayor Axdahl. Ayes - all. E. ADJOURNMENT 8:03 P.M. City Clerk - 2 - 5/17 VI=LLAGE OF MAPLEWOO D ACCOUNTS PAYABLE DATE 05-17-73 CHECK # A M 0 U N T C L A I M A N T P U R P O S E f 3816 3827 r,1 3828 3829 3830 3831 3832 3833 3F34 3835 3836 3837 3838 3839 3840 25.36 500.00 623.20 188.00 120.00 141.98 60.45 9.90 1.94 1, 102. 74 10.00 54.85 24.00 16.50 BORCHERT-INGERSOLL INC BRAUER S ASSOCIATES INC BRYAN ROCK PRODUCTS INC DONALD CAMPBELL CAPITOL ELECTRONICS INC CHAPLIN PUBLISHING CO CHAPLIN PUBLISHING CO CHIPPEWA SPRINGS CO COAST TO COAST STORES COLLINS ELECTRICAL CONST COLUMBIA TRANSIT CORP CRISLERS SPORTSENTER DISPATCH PIONEER PRESS V W EIMICKE ASSOC INC REFUNDS AND -REMITTANCE -OTHER AGENCIE i SUPPLIES, VEHICLE REPAIR&MAINT., RADIO REPAYREMAINT., VEHICLE j TRAVEL C TRAINING SUPPLIES, VEHICLE j 1 REPAIRSMAINT., VEHICLE I t TRAVEL C TRAINING {{ UTILITIES i MAINTENANCE MATERIALS i SUPPLIES, OFFICE j AND -SIGNS C SIGNALS i f i SUPPLIES, VEHICLE , TRUST AND AGENCY FUND j ESCROW FUND CONSTRUCTION FUND l REPAIRCMAINT., RADIO I PUBLISHING CONSTRUCTION FUND FEES FOR SERVICE SUPPLIES, VEHICLE i BUILDING, IMPROVEMENT FEES FOR SERVICE j SUPPLIES, PROGRAM PUBLISHING SUPPLIES, OFFICE 20.50 ACE HEATING CO 3817 41.00 AFU SERVICE 3818 166.00 AIR COMM 3819 105.25 ARNALS AUTO SERVICE 3820 240.00 DONALD ASHWORTH 3821 7.45 AUTO BODY SUPPLY INC 3822 29.20 AUTO -MOBIL SERVICE 3823 5.60 DENNIS PECK 3824 6.60 BOARD OF WATER COMM 3825 20.30 BOARD OF WATER COMM 3826 8.42 BOBS OK HARDWARE 3827 r,1 3828 3829 3830 3831 3832 3833 3F34 3835 3836 3837 3838 3839 3840 25.36 500.00 623.20 188.00 120.00 141.98 60.45 9.90 1.94 1, 102. 74 10.00 54.85 24.00 16.50 BORCHERT-INGERSOLL INC BRAUER S ASSOCIATES INC BRYAN ROCK PRODUCTS INC DONALD CAMPBELL CAPITOL ELECTRONICS INC CHAPLIN PUBLISHING CO CHAPLIN PUBLISHING CO CHIPPEWA SPRINGS CO COAST TO COAST STORES COLLINS ELECTRICAL CONST COLUMBIA TRANSIT CORP CRISLERS SPORTSENTER DISPATCH PIONEER PRESS V W EIMICKE ASSOC INC REFUNDS AND -REMITTANCE -OTHER AGENCIE i SUPPLIES, VEHICLE REPAIR&MAINT., RADIO REPAYREMAINT., VEHICLE j TRAVEL C TRAINING SUPPLIES, VEHICLE j 1 REPAIRSMAINT., VEHICLE I t TRAVEL C TRAINING {{ UTILITIES i MAINTENANCE MATERIALS i SUPPLIES, OFFICE j AND -SIGNS C SIGNALS i f i SUPPLIES, VEHICLE , TRUST AND AGENCY FUND j ESCROW FUND CONSTRUCTION FUND l REPAIRCMAINT., RADIO I PUBLISHING CONSTRUCTION FUND FEES FOR SERVICE SUPPLIES, VEHICLE i BUILDING, IMPROVEMENT FEES FOR SERVICE j SUPPLIES, PROGRAM PUBLISHING SUPPLIES, OFFICE VILLAGE OF MAPLEWOO D ACCOUNTS PAYABLE DATE 05-17-73 CHECK # A M 0 U N T C L A I M A N T P U R P 0 S F I 3841 215.00 'EMERGENCY VEHICLE SUPPLY RENTAL, EQUIPMENT AND-REPAIR&MAINT., EQUIPMEt 3842 35.34 FLEET SUPPLY & MACHINE CO MAINTENANCE MATERIALS AND -SUPPLIES, EQUIPMENT 3843 24.80 GENERAL ELECTRIC SUPPLY CO REP.&MAINT., BUILDING&GRND 3844 10.50 GROSS INDUSTRIAL SUPPLIES, JANITORIAL 3845 10.00 THOMAS L HAGEN TRAVEL & TRAINING 3846 46.90 HARMON GLASS MAINTENANCE MATERIALS 3847 1,468.52 HOLIDAY FUEL & OIL 3848 571.55 HOWE--INCORP MAINTENANCE MATERIALS 3849 2.50 HOWIES LOCK & KEY SERVICE SUPPLIES, PROGRAM 3850 104.09 INTL BUS MACHINES CORP REPAIR&MAINT., EQUIPMENT AND -SUPPLIES, OFFICE 3851 159.00 INTL BUSINESS MACH CORP RENTAL, EQUIPMENT 3852 1.2,510.00 KIRKHAM MICHAEL CONSTRUCTION FUND 3853 5.60 KOPY KAT INSTANT PRT CTR SUPPLIES: PROGRAM 3854 120.50 LAKE SANITATION FEES FOR SERVICE 3855 210.00 LEAGUE OF MINN MUNICIPAL TRAVEL & TRAINING 3856 37.76 LEES AUTO SUPPLY SUPPLIES, VEHICLE 3857 94.75 LEES FLOOR & JANITOR SERV FEES FOR SERVICE 3858 143.70 LUGER MERCANTILE CO MAINTENANCE MATERIALS I AND -ESCROW FUND 3859 1,453.91 MAPLEWOOD REVIEW SUBSCRIPTIONS & MEMBERSHIP AND -PUBLISHING 3860 65.00 MCHUTCHISON, NORQUIST & FEES FOR SERVICE 3861 52.27 MERIT CHEVROLET CO REPAIR&MAINT., VEHICLE 3862 578.75 MIDWAY FORD CO SUPPLIES, VEHICLE i AND-REPAIR&MAINT., VEHICLE 3863 29.40 MIDWEST PETRO EQUIP SERV i MAINTENANCE MATERIALS rVI,LLAGE OF MAPLEWOOD ACCOUNTS PAYABLEDATE 05-17-73 CHECK # A M 0 U N T C L A I M A N T P U R P O S E 3864 25.95 MILLER CLOTHING UNIFORMS S CLOTHING 3865 2.50 MINN STATE TREASSURER BOOKS C PERIODICALS 3866 297.00 MOGREN BROTHERS LANDSCAPNG CONSTRUCTION FUND 3867 30.06 VILLAGE OF NORTH ST PAUL FEES FOR SERVICE 3868 669.31 NORTHERN STATES POWER CO UTILITIES :i 3869 7.00 NORTHERN STATES POWER CO UTILITIES 3870 1,759.28 NORTHERN STATES POWER CO FEES FOR SERVICE ? 3871 10.12 NORTHERN STATES POWER CO UTILITIES 3872 93.50 NORTHERN STATES POWER CO UTILITIES 1 3873 137.42 NORTHERN STATES POWER CO UTILITIES i 3874 i 396.47 NORTHERN STATES POWER CO UTILITIES f 3875 528.49 NORTHERN STATES POWER CO UTILITIES F 3876 69956.25 NORTHWESTERN BANK OF MPLS BOND, INTEREST AND -OTHER CHARGES 3877 8.25 NORTHWESTERN .BELL TE CO TELEPHONE 3878 14.15 OXYGEN SERVICE CO INC MAINTENANCE MATERIALS I 3879 761614.45 PARK CONSTRUCTION CO CONSTRUCTION FUND 3880 40.00 RAMSEY COUNTY TREASURER RENTAL, PROPERTY 3881 11.00 REED TIRE SALES INC REPAIRCMAINT., VEHICLE AND-SUPPLIES, VEHICLE 3:?82 i 62.96 REEDS SALES C SERVICE SUPPLIES, EQUIPMENT 3883 149.40 R E J I S TELEPHONE 3884 171.17 S E T OFFICE PROD SUPPLIES, OFFICE AND-SUPPLIES, PROGRAM 3885 f 48.95 SCIENTIFIC INTERNATIONAL CHEMICALS 3886 11.59 SEARS ROEBUCK C CO SUPPLIES, JANITORIAL 3887 21,064.55 SHAFER CONTRACTING CO INC CONSTRUCTION, UTILITY ,� 3888 1,528.50 SOIL ENGINEERING SERV INC CONSTRUCTION FUND ! OF MAPLEl�OOE ACCOUNTS _PAY„� ABt�E_ _.--- DATE 0`. vT LLAGE 7-7 P U R_?0 .S E ` M O U N T C t a *eEG_K #_ A SUPPIIESs JANITORIAL ----- 9 00 ST PAUL OVERALL LAUNDRY AND -UNIFORMS S CLOTHING 3889 3 3890 3891 3892 3893 3894 3895 3896 3897 3898 3899 3900 3901 3902 3903 3904 3905 3906 3907 3908 3909 3910- 3911 00, 3912 4.57 23.36 203.31 348.72 37.60 20.78 100.30 3.71 113.75 19672-80 25.00 114.30 44.02 11730-18 23.61 20.00 28.32 6.75 60.60 3.90 171.0 27.7 114.7 MAINTENANCE MATERIALS SUDBURY LABORATORY INC EQUIPMENT SUPPLIES, SYNERGRAPH;CS INC TABULATING SERV BUREAU FEES FOR SERVICE TEAM ELECTRONICS SUPPLIES, OFFICE AND -SUPPLIES: EQUIPMENT SUPPLIES, OFFICE TELEDYNE P OST SUPPLIES, EQUIPMENT TERRACE AUTO SUPPLY VEHICLE SUPPLIES, TOR SETIi INC SUPPLIES, EQUIPMENT TRUCK UTILITIES C MFG CO CENTURY PRINTING SUPPLIES* OFFICE TWENTIETH BUILDING, IMPROVEME NT TWIN CITY HARDWARE CO S FEES FOR SERVICE TWIN CITY TESTING UNIFORMS S CLOTHING UNIFORMS UNLIMITED MAINTENANCE MATERIALS UNITED ELECTRIC CORP PUBLISHING UNITED MAILING CO AND -POSTAGE STATES LEASING CORP RENTAL, EQUIPMENT UNITED REPAIREMAINT., VEHICLE VALS BODY SHOP SUPPLIES, VEHICLE VENBURG TIRE CO FEES FOR SERVICE WASHINGTON CNTY TREASURER SUPPLIES, VEHICLE WEBER S TRDSETH, INC REPAIRGMAINT., VEHICLE W RITE BEAR DODGE INC SUPPLIES, OFFICE. 0 XEROX SUPPLIES, PROGRAM 6 ZAYRE SHOPPERS CITY SALARIES C WAGES,TEMPORt r. SUS AN ELSTROM VILLAGE OF MAPLEWOOD ACCOUNTS PAYABLE DATE 05-17-73 CHECK J A M 0 U N T C L A I M A N T P U R P O S E 3913 54.00 JOHN ERICKSON SALARIES E WAGES,TEMPCRARY 3914 10.50 THERESA GERHARD SALARIES E WAGES,TEMPCRARY 3915 40.00 KATHLEEN GREEDER SALARIES S WAGES,TEMPCRARY I 3916 15.00 KATHLEEN HANSEN SALARIES E WAGES,TEMPORARY 3917 6.50 DEBBIE REVOIR SALARIES S WAGES,TEMPCRARY t 3918 184.55 SALLY LABEL SALARIES S WAGES,TEMPORARY AND—TRAVEL S TRAINING 3919 6.80 DADE ALM REFUNDS ° 3920 2.50 ASSOC LANDSCAPE CONTRACTOR BOOKS C PERIODICALS 3921 21.94 ROBERT CAMPBELL FEES FOR SERVICE 3922 9.50 COUNTRYSIDE VOLKSWAGON INC REFUNDS i 3923 96.00 LORRAINE M DEHLER SALARIES C WAGES,TEMPORARY 3924 6.80 HELEN FALK REFUNDS 3925 20.40 MILDRED GREALISH REFUNDS i v i 3926 6.80 ASTRID HAENGGI REFUNDS 3927 24.70 JOHN JACOBSEN FEES FOR SERVICE ! i 3928 216.00 t 3929 6.80 3930 16.80 003816 THRU 003930 f GRAND TOTAL i DENNIS KING FEES FOR SERVICE MARGE SHAVER REFUNDS s VAUGHNS SUPPLIES, JANITORIAL 115 CHECKS TOTALING 118,801.08 127 CHECKS TOTALING 1419905.16 LAST COUNCIL MEETING SUB–TOTAL 12 CHECKS TOTALING 23,104.08 ECK.:.#.—__A_ _Q_.►l–N T r i A I_M A N T a_p�II- S E 16024 10.00 MINN RECREATION E PK ASSOC TRAVEL E TRAINING 16025 29481.11 MILAN ST TREAS SURTAX REMITTANCE–OTHER AGENCIES 16026 1,755.94 STATE OF MINNESOTA CONTRIBUTIONS, RETIREMENT AND–P.E.R.A. W/H 16027 31,029.73 STATE OF MINNESOTA CONTRIBUTIONS, RETIREMENT AND–P. E. R. A. W/H 16028 41580.39 FIRST STATE BANK OF STP FEDERAL TAX W/H 16029 1:892.89 MINN COMM OF TAXATION STATE TAX W/H 16030 1,574.93 CITY £ CTY CREDIT UNION CREDIT UNION W/H 16031 39645.14 MUNICIPAL COURT OF MAPLEWD SALARIES E WAGES, REGULAR i AND–CONTRIBUTIONS, RETIREMED 16032 215.80 MUNICIPAL COURT OF MAPLEWD JURY COST 16033 31374.72 MINN HOSPITAL ASSOC CONTRIBUTIONS, INSURANCE j AND—HOSPITALIZATION W/H 16033 111.43 MINN HOSPITAL ASSOC 0 CONTRIBUTIONS, INSURANCE 16034 432.00 POSTMASTER POSTAGE 1 f NECESSARY DIRECT EXPENDITURES CT" LAST COUNCIL MEETING SUB–TOTAL 12 CHECKS TOTALING 23,104.08 1%.", PAYROLL May 17, 1973 PAYROLL DATED 5-4-73 ITEM NO. CHECK NO. CLAIMANT AMOUNT 1. 6469 Vivian R. Lewis $ 214.46 2. 6470 Michael G. Miller 544.27 3. 6471 Donald W. Ashworth 381.04 4. 6472 Lucille E. Aurelius 285.17 5. 6473 Phyllis C. Green 203.74 6. 6474 Arline J. Hagen 182.34 7. 6475 Alfred J. Peloquin 231.31 8. 6476 Betty D. Selvog 184.69 9. 6477 Lydia A. Smail 165.13 10. 6478 Rita C. Smith 146.67 11. 6479 David L. Arnold 320.23 12. 6480 John H. Atchison 293.48 13. 6481 Ronald D. Becker 161.62 14. 6482 Anthony G. Cahanes 379.36 15. 6483 Dale K. Clauson 294.76 16. 6484 Kenneth V. Collins 331.19 17. 6485 Dennis S. Cusick 347.77 18. 6486 Dennis J. Delmont 309.77 19. 6487 Robin A. DeRocker 293.60 20. 6488 Richard C. Dreger 316.14 21. 6489 Raymond E. Fernow 272.38 22. 6490 Patricia Y. Ferrazzo 197.05 23. 6491 David M. Graf 321.73 24. 6492 Norman L. Green 333.07 25.. 6493 Thomas L. Hagen 406.68 26. 6494 Kevin R. Halweg 240.57 27. 6495 Michael J. Herbert 271.65 28. 6496 Donald V. Kortus 196.17 29. 6497 Richard J. Lang 281.97 30. 6498 Roger W. Lee 288.64 31. 6499 John J. McNulty 265.94 32. 6500 Jon A. Melander 252.98 33. 6501 Richard M. Moeschter 281.47 34. 6502 Robert D. Nelson 333.59 35. 6503 William F. Peltier 266.38 36. 6504 Dale E. Razskazoff 252.36 37. 6505 Michael P. Ryan 271.35 38. 6506 Richard W. Schaller 443.80 39. 6507 Donald W. Skallman 263.16 40. 6508 Gregory L. Stafne 287.41 41. 6509 Timothy J. Truhler 279.69 42. 6510 Robert E. Vorwerk 227.76 43. 6511 Duane J. Williams 270.14 44. 6512 Joseph A. Zappa 384.49 45. 6513 Louise M. Johnston 148.00 46. 6514 Joanne M. Svendsen 156.51 47. 6515 Joel White 102.52 5-17-73 ITEM NO. CHECK NO. CLAIMANT AMOUNT `./ 48. 6516 Alfred C. Schadt $ 360.63 49. 6517 Marcella M. Mottaz 185.44 50. 6518 Frank J. Sailer 143.18 51. 6519 Bobby D. Collier 527.21 52. 6520 James G. Elias 230.81 53. 6521 Raymond J. Hite, Jr 458.75 54. 6522 Dennis L. Peck 244.48 55. 6523 Janet A. Rois 179.67 56. 6524 Kent S. Vilender 78.45 57. 6525 Raymond J. Kaeder 323.37 58. 6526 Gerald W. Meyer 228.90 59. 6527 Joseph W. Parnell 259.58 60. 6528 Arnold H. Pfarr 306.88 61. 6529 Joseph B. Prettner 427.00 62. 6530 Edward A. Reinert 264.52 63. 6531 Harry J. Tevlin, Jr 311.10 64. 6532 George J. Richard 148.65 65. 6533 Myles R. Burke 260.02 66. 6534 Dennis M. Mulvaney 264.73 67. 6535 Herbert R. Pirrung 351.20 68. 6536 Stanley E. Weeks 268.61 69. 6537 Lawrence B. Mike 101.09 70. 6538 Henry F. Klausing 249.79 71. 6539 Eric J. Blank 292.55 72. 6540 JoAnn C. Christensen 188.97 73. 6541 John P. Joyce 343.21 74. 6542 Judy M. Chlebeck 188.18 75. 6543 Bailey A. Seida 420.05 76. 6544 Frank R. Kirsebom 333.76 77. 6545 Anthony T. Barilla 298.76 78. 6546 Richard J. Bartholomew 263.10 79. 6547 Laverne S. Nuteson 211.88 80. 6548 Gerald C. Owen 283.52 81. 6549 William C. Cass 360.45 CHECK NO. 6469 through 6549 $ 22,242.69 (PAYROLL DATED 504073'