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HomeMy WebLinkAbout08-14-2006Q C. I, E. MINUTES MAPLEWOOD CITY COUNCIL 7:05 P.M. Monday, August 14, 2006 Council Chambers, City Hall Meeting No. 06-21 CALL TO ORDER A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at 7:05 P.M. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA Councilmember Rossbach moved to approve the agenda as amended. 17. Pulled 19. Moved to Appointments/Presentations 110. Moved to Appointments/Presentations 111. Moved to Appointments/Presentations 117. Pulled G1. Tabled G2. Boy Scout Troop 73 M1. National Night Out M2. Wood burning Furnaces M3. South Leg Meeting M4. Overnight Parking Seconded by Councilmember Cave APPROVAL OF MINUTES Ayes -All Minutes from the July 17, 2006 Council/Manager Workshop Councilmember Juenemann moved to approve the minutes from the July 17, 2006 Council/Manager Workshop as amended. Seconded by Councilmember Hjelle Ayes -All 2. Minutes from the July 17, 2006 Special City Council Meeting Councilmember Cave moved to approve the minutes from the July 17, 2006 Special City Council meeting as presented. Seconded by Councilmember Hjelle Ayes -All City Council Meeting 08-14-06 3. Minutes from the July 24, 2006 Special City Council Meeting Mayor Longrie moved to approve the minutes from the July 24, 2006 Special City Council Meeting as presented. Seconded by Councilmember Hjelle Ayes -All 4. Minutes from the July 24, 2006 City Council Meeting Councilmember Juenemann moved to approve the minutes from the July 24, 2006 City Council Meeting as amended. Seconded by Councilmember Hjelle Ayes -All F. VISITOR PRESENTATIONS Lon Greenly, 977 Frost Avenue, asked council to consider a mobile park closing ordinance which approximately 17 other cities have adopted. He stated that residents of the St. Paul Tourist Cabins do not feel as though they are being treated fairly in the buyout process of their homes and feel they would be treated more fairly with a park closing ordinance in place. 2. Nancy Lazaryan, 10734 West Lake Road, Rice, MN, spoke regarding a summons she served on the city, Interim City Attorney and an employee. She also spoke to her recent arrest for posting no trespassing signs on a property in Maplewood. G. APPOINTMENTS/PRESENTATIONS Housing and Redevelopment Authority Appointments Item was tabled to allow for council to complete the interview process. 2. Boy Scout Troop 73 The following introductions were made: Marvin Koppen, 1990 Ripley Avenue East, Committee Chair for Boy Scout Troop 73 for 20 years Les Nelson, 2201 Birmingham, Scout Master for Boy Scout Troop 73 for 12 years Nel Mary, 1314 County Road C, Maplewood Matt Mary, 1314 County Road C, Maplewood Brad Koppen, 1990 Ripley Avenue East, Maplewood Pam Prokosh, 1423 Lark Avenue, Maplewood Daniel Prokosh, 1423 Lark Avenue, Maplewood Larry Pruden, 2071 Hazelwood, Assistant Scout Master Ten Eagle Scouts who worked with Parks and Recreation Director Anderson on achieving that status provided Mr. Anderson an award of appreciation for all of his time and efforts. 2. Donation of a Vehicle to the Police Department a. Police Chief Thomalla presented the report. Mayor Longrie moved to accept a vehicle from Maplewood Toyota to be used in the bait car program to apprehend suspects who break into vehicles. Seconded by Councilmember Hjelle Ayes -All City Council Meeting 08-14-06 3. Donation to the Maplewood Police Reserves a. Police Chief Thomalla presented the report. Councilmember Juenemann moved to accept a $425 donation to the Maplewood Police Reserves from the Ramsey County Agricultural Society to be used for training, uniforms and equipment. Seconded by Councilmember Hjelle Ayes -All 4. Fall Clean -Up Event a. Environmental Manager Konewko presented the report. Councilmember Hjelle moved to approve the date of October 14, 2006 from 8:00 a.m. to 12 noon for the Fall Clean -Up event to be held at Gethsemane Lutheran Church. Seconded by Mayor Longrie Ayes -All H. PUBLIC HEARINGS 7:00 p.m. Regions Sleep Clinic Tax -Exempt Financing Request (2688 Maplewood Drive North) a. Planner Finwall presented the report. b. Jenny Bolton, Briggs and Morgan, presented further specifics from the report. C. Mayor Longrie opened the public hearing, calling for proponents or opponents. The following persons were heard: None d. Mayor Longrie closed the public hearing. Councilmember Juenemann moved to adopt the following resolution approving Maplewood giving approval for the note for up to $2.6 million in tax-exempt revenue financing for the Regions Sleep Health Clinic at 2688 Maplewood Drive: RESOLUTION 06-08-099 APPROVING THE ISSUANCE AND SALE OF THE $2,600,000 HEALTH CARE FACILITY REVENUE NOTE, SERIES 2006 AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO (REGIONS HOSPITAL SLEEP DISORDER CLINIC PROJECT) WHEREAS, (a) Minnesota Statutes, Chapter 469.152 to 469.1651 (the "Act") as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) Factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; City Council Meeting 08-14-06 3 (c) The Maplewood City Council (the "City") has received from Regions Hospital, a Minnesota nonprofit corporation organized under the laws of the State of Minnesota (the "Borrower"), a proposal that City assist in financing a Project hereinafter described, through the issuance of a Revenue Note, referred to in this resolution as the "Revenue Note" or "Note", pursuant to the Act; (d) The City desires to facilitate the selective development of the community, provide services to persons with sleep disorders, retain and improve the tax base and help to provide the range of services and employment opportunities required by the population; and the Project will assist the City in achieving those objectives and will enhance the image and reputation of the community; (e) The Borrower is currently engaged in the business of providing health care services, including diagnosis and treatment of sleep disorders. The Revenue Note will be issued to finance the acquisition, construction and equipping of an approximately 7,000 square foot building located at 2688 Maplewood Drive in the City (the "Project"). The Project will be owned and operated by the Borrower; (f) The City has been advised by representatives of the Borrower that conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but the Borrower has also advised the City that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible; (g) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota (the "City"), as follows SECTION 1. LEGAL AUTHORIZATION AND FINDINGS. 1.1 Findings. The City hereby finds, determines and declares as follows (a) The City is a political subdivision of the State of Minnesota and is authorized under the Act to assist the revenue producing project herein referred to, and to issue and sell the Note, as hereinafter defined, for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. (b) As required by the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the City has, on this same date, held a public hearing on the issuance of one or more revenue notes to finance the Project. (c) The issuance and sale of the $2,600,000 Health Care Facility Revenue Note, Series 2006 (Regions Hospital Sleep Disorder Clinic Project) (the "Note") by the City, pursuant to the Act, is in the best interest of the City, and the City hereby determines to issue the Note and to sell the Note to Wells Fargo Brokerage Services, LLC (the "Lender"), as provided herein. The City will loan the proceeds of the Note (the "Loan") to the Borrower in order to finance the Project. (d) Pursuant to a Loan Agreement (the "Loan Agreement") to be entered into between the City and the Borrower, the Borrower has agreed to repay the Note in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Note. In addition, the Loan Agreement contains provisions relating to the construction, the maintenance and operation of the Project, indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the City and the Borrower deem necessary or desirable for the financing of the Project. A draft of the Loan Agreement has been submitted to the City Council. (e) Pursuant to a Pledge Agreement to be entered into between the City and the Lender, the City has pledged and granted a security interest in all of its rights, title, and interest in the Loan Agreement to the Lender (except for certain rights of indemnification and to reimbursement for certain costs and expenses). A draft of the Pledge Agreement has been submitted to the City Council. (f) Pursuant to an Escrow Agreement (the "Escrow Agreement") by and between the Borrower and the Lender, the Lender will disburse the proceeds of the Note to the Borrower to finance the Project. City Council Meeting 08-14-06 (g) The Note will be a special limited obligation of the City. The Note shall not be payable from or charged upon any funds other than the revenues pledged to the payment thereof, nor shall the City be subject to any liability thereon. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, nor to enforce payment thereof against any property of the City. The Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. (h) On the basis of information available to this Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises within the meaning of Subdivision 2(d) of Section 469.153 of the Act; that the Project furthers the purposes stated in Section 469.152; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to the Borrower to undertake the Project, and that the effect of the Project, if undertaken, will be to provide necessary health care facilities so that adequate health care services are available to residents of the state at reasonable cost, to provide the range of services and employment opportunities required by the population, and to help prevent the movement of talented and educated persons out of the state and to areas within the State where their services may not be as effectively used. (i) It is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note, for the purpose of financing the costs of the Project. 1.2 Authorization and Ratification of Project. The City has heretofore and does hereby authorize the Borrower, in accordance with the provisions of the Act and subject to the terms and conditions imposed by the Lender, to provide for the acquisition, construction and equipping of the Project by such means as shall be available to the Borrower and in the manner determined by the Borrower, and without advertisement for bids as may be required for the acquisition and construction of other municipal facilities; and the City hereby ratifies, affirms, and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such authority. SECTION 2. THE NOTE. 2.1 Authorized Amount and Form of Note. The Note issued pursuant to this Resolution shall be in substantially the form submitted to the City Council with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions hereof; and the total aggregate principal amount of the Note that may be outstanding hereunder is expressly limited to $2,600,000, unless a duplicate Note is issued pursuant to Section 2.7. 2.2 The Note. The Note shall be dated as of the date of delivery to the Lender, shall be payable at the times and in the manner, shall bear interest at the rates, and shall be subject to such other terms and conditions as are set forth therein. 2.3 Execution. The Note shall be executed on behalf of the City by the signatures of its Mayor and Clerk and shall be sealed with the seal of the City; provided that the seal may be intentionally omitted as provided by law. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if had remained in office until delivery. In the event of the absence or disability of the Mayor or the Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council execute and deliver the Note. 2.4 Delivery of Initial Note. Before delivery of the Note there shall be filed with the Lender (except to the extent waived by the Lender) the following items: (1) an executed copy of each of the following documents: (a) the Loan Agreement; (b) the Pledge Agreement; (c) the Escrow Agreement; City Council Meeting 08-14-06 Counsel; (2) an opinion of Counsel for the Borrower as prescribed by the Lender and Bond (3) the opinion of Bond Counsel as to the validity and tax exempt status of the Note; (4) a 501(c)(3) determination letter from the Internal Revenue Service evidencing that the Borrower is exempt from income taxation under Section 501(c)(3) of the Code; (5) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (3) above or that the Lender may reasonably require for the closing. 2.5 Disposition of Note Proceeds. Upon delivery of the Note to Lender, the Lender shall, on behalf of the City, disburse the proceeds of the Note for payment of Project Costs in accordance with the terms of the Loan Agreement and the Escrow Agreement. 2.6 Registration of Transfer. The City will cause to be kept at the office of the City Clerk a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Note. The Note shall be initially registered in the name of the Lender and shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the Clerk, duly executed by the Lender or its duly authorized agent. The following form of assignment shall be sufficient for said purpose. For value received hereby sells, assigns and transfers unto the within Note of the City of Maplewood, Minnesota, and does hereby irrevocably constitute and appoint power of substitution accordance with the Note. attorney to transfer said Note on the books of said City with full in the premises. The undersigned certifies that the transfer is made in provisions of Section 2.9 of the Resolution authorizing the issuance of the Dated: Registered Owner Upon such transfer the Clerk shall note the date of registration and the name and address of the new note holder in the Note Register and in the registration blank appearing on the Note. 2.7 Mutilated, Lost or Destroyed Note. In case any Note issued hereunder shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Lender's paying the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. 2.8 Ownership of Note. The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance, redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. 2.9 Limitation on Note Transfers. The Note has been issued without registration under state or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except as an exempt security or as an exempt transaction. City Council Meeting 08-14-06 2.10 Issuance of New Notes. Subject to the provisions of Section 2.9, the City shall, at the request and expense of the Lender, issue new notes, in an aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount, and the amount of the monthly installments payable thereunder, and registered in the name of the Lender or such transferee as may be designated by the Lender. SECTION 3. MISCELLANEOUS. 3.1 Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction orjurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 3.2 Authentication of Transcript. The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 3.3 Authorization to Execute Agreements. The forms of the proposed Loan Agreement, the Pledge Agreement and the Escrow Agreement are hereby approved in substantially the form heretofore presented to the City Council, together with such additional details therein as may be necessary and appropriate and such modifications thereof, deletions there from and additions thereto as may be necessary and appropriate and approved by Bond Counsel prior to the execution of the documents, and the Mayor and Clerk of the City are authorized to execute the Loan Agreement and the Pledge Agreement in the name of and on behalf of the City and such other documents as Bond Counsel consider appropriate in connection with the issuance of the Note. In the event of the absence or disability of the Mayor or the Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. 3.4 Project Approval. In anticipation of the approval of the Project by the State of Minnesota, Department of Employment and Economic Development and all other necessary entities and the issuance of the Note to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, the Borrower is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Note as the Borrower considers necessary, including the use of interim, short term financing, subject to reimbursement from the proceeds of the Note if and when delivered but otherwise without liability on the part of the City. 3.5 Qualified Tax Exempt Obligation. In order to qualify the Note as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), the City hereby makes the following factual statements and representations; (a) the Note is not treated as a "private activity bond" under Section 265(b)(3) of the Code; (b) the City hereby designates the Note as a qualified tax-exempt obligation for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than obligations described in clause (ii) of Section 265(b)(3)(C) of the Code) which will be issued by the City (and all entities whose obligations will be aggregated with those of the City) during the calendar year 2006 will not exceed $10,000,000; and City Council Meeting 08-14-06 (d) not more than $10,000,000 of obligations issued by the City during the calendar year 2006 have been designated for purposes of Section 265(b)(3) of the Code. Seconded by Councilmember Hjelle Ayes -All I. CONSENT AGENDA Councilmember Hjelle moved to approve consent agenda items 1, 3, 5, 8, 12, 14-16, 19 and 20. Seconded by Councilmember Juenemann Ayes -All Councilmember Rossbach moved to approve consent agenda item 2. Seconded by Councilmember Cave Ayes -All Mayor Longrie moved to approve consent agenda item 4. Seconded by Councilmember Juenemann Ayes -All Councilmember Juenemann moved to approve consent agenda item 6. Seconded by Councilmember Hjelle Ayes -All Councilmember Juenemann moved to table consent agenda items 7 (until brought back to council by staff) and item 17 (until brought back to council by the developer). Seconded by Mayor Longrie Ayes -All Councilmember Hjelle moved to approve consent agenda item 13. Seconded by Councilmember Cave Ayes -All Councilmember Juenemann moved to approve consent agenda item 17. Seconded by Councilmember Hjelle Ayes -All Councilmember Hjelle moved to approve consent agenda item 18. Seconded by Councilmember Juenemann Ayes-Councilmembers Cave, Hjelle Juenemann and Rossbach Nay -Mayor Longrie Councilmember Hjelle moved to approve consent agenda item 21. Seconded by Councilmember Cave Ayes -All Councilmember Juenemann moved to approve consent agenda item 22. Seconded by Councilmember Hjelle Ayes -All Approval of Claims ACCOUNTS PAYABLE: $ 1,059,445.08 Checks # 70445 thru # 70506 dated 7/25/06 City Council Meeting 08-14-06 $ 348,896.45 Disbursements via debits to checking account dated 07/13/06 thru 07/20/06 $ 542,078.67 Checks # 70507 thru # 70581 dated 07/27/06 thru 08/01/06 $ 148,810.24 Disbursements via debits to checking account dated 07/21/06 thru 7/27/06 $ 644,628.11 Checks # 70582 thru # 70619 dated 08/01/06 thru 08/08/06 $ 2,060,566.53 Disbursements via debits to checking account dated 07/28/06 thru 08/03/06 $ 4,804,425.08 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated $ 591,250.15 07/28/06 $ 2,305.25 Payroll Deduction check # 105764 thru # 105765 dated 07/28/06 $ 593,555.40 Total Payroll $ 5,397,980.48 GRAND TOTAL 2. Conditional Use Permit Review — Saint Paul Regional Water Services (1900 Rice Street) Approved to review the conditional use permit for the St. Paul Regional Water Services campus at 1900 Rice Street again in one year. 3. Conditional Use Permit Review — Lexus Motor Vehicle Service Center (1245 County Road D) Approved the conditional use permit for the Lexus auto -service center at 1245 County Road D in one year. 4. Conditional Use Permit Review — City Impound Lot/Outdoor Storage Yard (1160 Frost Avenue) Approved the conditional use permit for the outdoor -storage yard at 1160 Frost Avenue until its required sunset date of November 1, 2007 with the added requirement that the gate to the fence remain locked. The land may be used under the terms of this permit, but any changes must be reviewed as an amendment subject o the requirements of the city ordinance. 5. Legacy Village PUD Review - (County Road D, Kennard Street and Legacy Parkway) Approved to review the conditional use permit for the Legacy Village PUD in one year. City Council Meeting 08-14-06 9 6. Heritage Square Second Addition PUD Review - (Kennard Street and Legacy Parkway) Approved to review the conditional use permit for the Heritage Square 2nd addition PUD in one year. 7. Development Agreement Release — Hartford Group (Legacy Village) Approved the release of obligations under the Master Development Agreement and approved the Special Assessments Escrow Agreement. 8. Applewood Park Change Order #4 Approved change order #4 with the monies to be allocated form the city P.A.C. fund. Item moved to Appointments/Presentations Item moved to Appointments/Presentations Item moved to Appointments/Presentations 12. Cottages at Legacy Village Development, City Project 04-12, Approve Board of Water Commissioners of the City of Saint Paul Private Water Main Agreement Approved the private water main agreement between Southwind Builder, Inc., the City of Maplewood and the Board of Water Commissioners of the City of St. Paul. 13. Storm Water Maintenance Agreement for Lexus of Maplewood Site, Troutland Auto Dealers, City Project 05-13 Authorized the Mayor and City Manager to sign, notarize and record the Storm Water Maintenance Agreement for Lexus of Maplewood. 14. Springside Street Extension, City Project 03-36, Resolution for Modification of the Existing Construction Contract, Change Order No. 1 Adopted the following resolution directing the modification of the existing construction contract, Change Order No. 1, for the Springside Drive Street Extension, City Project 03-36: RESOLUTION 06-08-093 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 03-36, CHANGE ORDER No. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03-36, Springside Drive and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and City Council Meeting 08-14-06 10 WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 03-36, Change Order No. 1 as an increase to said contract by an amount of $1,931.60, such that the new contract amount is now and hereby established as $120,399.58. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 1 as a contract increase in the amount of $1,931.60. The revised contract amount is $120,399.58. 15. Cottagewood Public Improvements, City Project 06-10, Resolution Accepting Report and Ordering Public Hearing Adopted the following resolution accepting the report and calling for a public hearing for 7:00 p.m., Monday, August 28, 2006, for the Cottagewood Public Improvement project: RESOLUTION 06-08-094 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted May 22, 2006, a report has been prepared by the city engineering division with reference to the Cottagewood Public Improvement, and this report was received by the council on August 7, 2006, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the Cottagewood Public Improvement in accordance with the report and the assessment of the developer for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $110,762.92. 2. A public hearing shall be held on such proposed improvement on the 28th day of August, 2006 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. 16. Gervais Avenue Street Improvements, City Project 05-17, Resolution Accepting Roll and Ordering Assessment Hearing Adopted the following resolution for the Gervais Avenue Street Improvements, Project 05-17: Accepting Assessment Roll and Ordering Assessment Hearing: RESOLUTION 06-08-095 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Eldridge Avenue Street and Utility Improvements, City Project 05-17, and the said assessment roll is on file in the office of the city engineer. City Council Meeting 08-14-06 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 11th day of September 2006, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Item pulled from the agenda. 18. Approval of Capital Purchase for Sanitary Sewer Television Camera Equipment and Vehicle Authorized the capital purchase of a Pipe Television Inspection System, the approval of the technical specifications, direction to the Finance Director to establish the purchase authority up to $150,000 and authorized the receipt of equipment bids. 19. Fee Waiver - St. Jerome's Church Approved the applications for temporary beer and liquor (wine only) licenses. It is further recommended that fees for the requested permits be waived. 20. Fee Waiver - Holy Redeemer Parish Approved the temporary liquor and wine and food fee waive for the Holy Redeemer Church at 2555 Hazelwood Street for October 15tH 21. Community Center Catering Recommendation Approved to enter into an agreement with five separate caterers for a three-year period effective January 1, 2007. The five caterers would be Aesop's Table, Cossetta Eventi, Prom, Classic and Kane catering firms. 22. Resolution Certifying Election Judges for the September 12th State Primary Election Adopted the following resolution certifying the Election Judges for the State Primary Election: RESOLUTION ACCEPTING ELECTION JUDGES 06-08-096 RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2006 State Primary Election, to be held on Tuesday, September 12, 2006: City Council Meeting 08-14-06 12 Fran Aherns Gordon Heininger Thomas Myster Suzanne Anderson Barb Hilliard Clara Neis Elsie Anderson Constance Hines Gloria Nelson Cynthia Anderson Gary Hinnenkamp James Nieman Ronald Anderson Mary Holzemer Louise Nieters Ahsan Ansari Shirlee Horton Ann Marie Norberg Marlis Barrett Jeanette Hulet Lois Olson Joan Bartelt Lynn Huntoon Andi Oster David Bedor Mildred Iverson David Pehl Jaime Belland Carol Jagoe James Petrie Mery Berger Jeff Janacek Bill Priefer Jeanne Bortz Gwendolyn Jefferson Karla Radermacher Anna Breidenstein Judith Johannessen Carol Roller Jennette Bunde Barbara Johnson Kenneth Rossow Lucille Cahanes Max Joiner Charles Rowe Jeanette Carle Joyce Jurmu Elaine Rudeen Robert Carr Marilyn Kidman MaryAnn Schneider Ann Cleland Harold Kirchoff Sandy Schoenecker Thomas Connelly Rosemary Koch Harriet Schroepfer Colleen Connolly Harry Koval Louise Schultz Jon Cupka Mona Lou Krekelberg Ananth Shankar Mae Davidson Josephine Krominga Teresa Shores Marianne Davidson Marvella Lackner Bob Spangler Edward Deeg Rita Lally Louis Spies Loree Dempsey Charlotte Lampe Tim Stafki Bhupat Desai Anita Larson David Stark Audrey Diesslin Lorraine Lauren Sandra Stevens Kathleen Dittel Ann Leo Rita Taylor Diane Droeger Pati Leo Lorraine Taylor Fred DuCharme Claudette Leonard Milo Thompson Audrey Duellman Steve Lincowski Pat Thompson Carolyn Eickhoff Vi Lincowski Leila Tillman Elizabeth Erickson Delores Lofgren Franklin Tolbert Ann Fallon Richard Lofgren Dale Trippler Lorraine Fischer Shari Lowe -Adams Cecilia Tucker Mary Fischer Robert Lundgren Connie Unger Delores Fitzgerald Shirley Luttrell Holly Urbanski Anne Fosburgh Paul Maeyaert William Urbanski James Franzen Jeri Mahre Vilhelmine Vanags MaryJo Freer Carol Mahre Beulah VanBlaricom Samantha Fritsche John Manthey Barabra Vandeveer Patt Fry Delores Marsh Mary Vante Clarice Gierzak Thomas Maskrey Connie Wagner Diane Golaski Geraldine Mechelke Gene Wandersee Betty Granger MaryLou Mechelke Gayle Wasmundt Guy Grant Jackie Meyer John Willy Mary Grant Joan Misgen Delores Witschen Jamie Gudknecht Betty Mossong Karen Zacho Jaclynn Gunn Howard Muraski Donita Haack Gerry Muraski City Council Meeting 08-14-06 13 J. AWARD OF BIDS Lift Station Number 18 Rehabilitation , City Project 05-29, Approve Award of Construction Contract and Budget Adjustment a. Public Works Director Ahl presented the report. Councilmember Juenemann moved to award a construction contract to Jay Bros, Inc it amount of $98.606.36 for the rehabilitation of Lift Station No. 18. Citv Proiect 05-29. an ce (Acct. 4480) in to the oroiect Seconded by Councilmember Rossbach Ayes -All K. UNFINISHED BUSINESS Trunk Highway 36 Improvements (White Bear to Century), City Project 05-03, Consideration of Noise Wall Issues within Maplewood a. Public Works Director Ahl presented the report. b. The following persons were heard: Chris Roy, MN Department of Transportation, Roseville Marc Goess, MN Department of Transportation, Roseville Denise Smith, 2283 Castle Place North, Maplewood C. Mayor Longrie read a letter from Mary and Brian Sandvig, 1986 Castle, into the record noting the following concerns: • Our home is so close to 36 now, that w wall will appear to be right on top of us vs. a home that's a block or more away form 36. • Any northerly breezes will just blow right over us leaving no air movement for homes close to the wall • The wall would block our view of the beautiful sunsets and sun rises we currently enjoy • 1 don't think many of the `close to 36 residents' mind 36, go for a drive most evenings and you'll see many of us sitting in our front yards or driveways watching the traffic. On Friday nights in the summer the car show are on and it's like a free show as they drive past. • 1 too think a line of sturdy highway bushes (Salt in the winter) that grow to no more than 3-4 feet tall would look very nice. Councilmember Juenemann moved to direct staff to enter into negotiations to obtain MnDOT funding to develop a landscaping improvement plan and road reconstruction plan for Castle Avenue and requested homeowners to inform council on their feelings of installing a wall versus nursery stock. Seconded by Councilmember Rossbach Ayes -All City Council Meeting 08-14-06 14 2. Trunk Highway 5 — 120 MnDOT Property Usage Study, City Project 03-20, Report on Task Force Progress (No action required) a. Public Works Director Ahl presented the report. b. The following persons were heard: Ron Cockriel, 943 Century Avenue Councilmember Cave moved to add this item to the August 28th City Council Agenda and to invite the task force to the meeting. Seconded by Councilmember Rossbach Ayes -All A five minute break was taken. L. NEW BUSINESS igar�o, G TOh—AGGG girl /� r\ Inh011 I i� iGR_RGec OMPIi-Rrino C -Ails roc rncJar Item moved to August 28th City Council Meeting Agenda Mayor Longrie moved to hear agenda item L4 next. Seconded by Councilmember Hjelle Ayes -All 4. Beebe Road Parking Issues — Receipt of Petition and Authorization to Restrict Parking a. Public Works Director Ahl presented the report. b. The following persons were heard: Dan Brickman, 2117 Beebe Road, Maplewood Margaret Early, 1783 Beebe Road, Maplewood Councilmember Hjelle moved to receive the petition form the resident along Beebe Road and to authorize the Public Works Director to work with the City's traffic consultant to develop a recommendation and striping plan to restrict parking along Beebe Road and to authorize the Public Works Director if no sianificant public obiection is received. Seconded by Councilmember Juenemann Ayes -All 2. Carpet Court (1685 Arcade Street (at Larpenteur Avenue)) Zoning Map Change - R-1 (single dwelling residential) to BC (business commercial) (4 votes) Vacation of a Public Right-of-way Building Setback Variance Shared Parking Agreement Design Approval a. Planner Finwall presented the report. b. Boardmember Shankar presented the Community Design Review Board report. C. Commissioner Hess presented the Planning Commission report. City Council Meeting 08-14-06 15 d. The following persons were heard: Robert Blair, applicant, Carpet Court Randy Bacchus, Bacchus Homes, 1701 Arcade Street, Maplewood Joel Schurke, 2170 Arcade Street, Maplewood Arnold Palme, 1721 Arcade Street, Maplewood Robert Palme, 1721 Arcade Street, Maplewood Mildred Palme, 1721 Arcade Street, Maplewood David Schilling, 1955 Greenbrier, Maplewood Mayor Longrie moved to continue the meeting to finish the Carpet Court Item, address New Business Items 3 and 5 prior to adjournment. Seconded by Councilmember Hjelle Ayes -Mayor Longrie, Councilmembers Cave, Hjelle and Juenemann Nay -Council member Rossbach A video prepared by the applicants representing Carpet Court was played for the council and for the audience. Mayor Longrie moved to adopt the following rezoning resolution. This resolution changes the city's zoning map from single -dwelling residential (R-1) to business commercial (BC) for Lot 5, Block 1, Van Houten's Plat (PIN 172922440019): ZONING MAP CHANGE RESOLUTION 06-08-100 WHEREAS, Gary Blair of the Carpet Court has proposed the following change to the City of Maplewood's zoning map: single dwelling residential (R-1) to business commercial (BC). WHEREAS, this change applies to: Lot 5, Block 1, Van Houten's Plat (PIN 172922440019) WHEREAS, the history of this change is as follows: 1. On July 18, 2006, the planning commission held a public hearing. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission conducted the public hearing whereby all public present were given a chance to speak and present written statements. The planning commission recommended that the city council approve the rezoning. 2. On August 14, 2006, the city council discussed the rezoning. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described change in the zoning map for the following reasons: The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. City Council Meeting 08-14-06 16 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The proposed change is consistent with the city's comprehensive plan. 6. The proposed change will allow the applicant to combine this property to the adjacent property (currently zoned BC) for a commercial business. Seconded by Councilmember Cave Ayes -All Mayor Longrie moved to adopt the proposed public vacation resolution. This resolution authorizes the vacation of a public right-of-way to include a portion of the Highway 61 service road located on the east side of 1685 Arcade Street as follows: Starting from the Larpenteur Avenue right-of-way 161 feet north and 42 feet east toward Highway 61. Seconded by Councilmember Juenemann Mayor Longrie tabled her motion. Councilmember Juenemann withdrew her second. Councilmember Rossbach moved to deny the proposed building setback variance resolution authorizing a 42.5 -foot building setback from a commercial building to a residential lot line for a retail/warehouse carpet store (Carpet Court) to be located at 1684 Arcade Street. Seconded by Councilmember Hjelle Ayes-Councilmember Cave, Hjelle and Rossbach Nays -Mayor Longrie and Councilmember Juenemann Denial is based on the fact that the applicant did not prove a hardship for this variance. The vacation of the public right-of-way, the shared parking agreement and the design approval were not heard due to the variance setback failing. Mayor Longrie recognized the owner, Gary Blair, for comment to the motion. Mayor Longrie notified Mr. Blair of the reconsideration process and procedure. 3. Resolution of Support -Livable Communities Demonstration Account (LCDA) Development Grant (Phase One -Gladstone Neighborhood Redevelopment) Councilmember Cave moved to adopt the following resolution showing the city council's intent to comply with the Livable Communities Demonstration Account Program contract requirements for the request $2,280,000 development grant for capital improvements in the Gladstone Neighborhood: RESOLUTION NO. 06-08-098 CITY OF MAPLEWOOD, MINNESOTA RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS WHEREAS the City of Maplewood is a participant in the Livable Communities Act's Housing Incentives Program for 2006 as determined by the Metropolitan Council, and is therefore eligible to apply for Livable Communities Demonstration Account funds; and City Council Meeting 08-14-06 17 WHEREAS the City has identified a proposed project within the City that meets the Demonstration Account's purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council's adopted metropolitan development guide; and WHEREAS the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and WHEREAS the City agrees to act as legal sponsor for the project contained in the grant application submitted on July 17, 2006; and WHEREAS the City acknowledges Livable Communities Demonstration Account grants are intended to fund projects or project components that can serve as models, examples or prototypes for development or redevelopment projects elsewhere in the region, and therefore represents that the proposed project or key components of the proposed project can be replicated in other metropolitan - area communities; and WHEREAS only a limited amount of grant funding is available through the Metropolitan Council's Livable Communities Demonstration Account during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of Demonstration Account grant funding. NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the governing body of the City: 1. Finds that it is in the best interests of the City's development goals and priorities for the proposed project to occur at this particular site and at this particular time. 2. Finds that the project component(s) for which Livable Communities Demonstration Account funding is sought: a. will not occur solely through private or other public investment within the reasonably foreseeable future; and b. will not occur within two years after a grant award unless Livable Communities Demonstration Account funding is made available for this project at this time. 3. Represents that the City has undertaken reasonable and good faith efforts to procure funding for the project component for which Livable Communities Demonstration Account funding is sought but was not able to find or secure from other sources funding that is necessary for project component completion within two years and states that this representation is based on the following reasons and supporting facts: A fundamental assumption on the outset of the Gladstone Neighborhood Redevelopment process has been that redevelopment must be self-sufficient and that revenues needed to pay for redevelopment activities must come from new development. General, city-wide property taxes should not be used to finance redevelopment activities for public improvements. Neither should improvement costs be assessed to existing residents of the neighborhood. Therefore, no local taxes or local bonding authority will be used within the next two years to fund the Phase 1 project component. 4. Authorizes its planning and engineering department to submit on behalf of the City an application for Metropolitan Council Livable Communities Demonstration Account grant funds for the project component(s) identified in the application, and to execute such agreements as may be necessary to City Council Meeting 08-14-06 18 J. implement the project on behalf of the City. Seconded by Councilmember Juenemann Ayes -All 5. Lower Afton Road Trail Improvements (McKnight to Century), City Project 03-29, Authorize Joint Project with Ramsey County a. Public Works Director Ahl presented the report. b. The following persons were heard: Emil Sturzenegger, 2455 Londin Lane, Maplewood Councilmember Rossbach moved to approve a motion authorizing a joint project for the Lower Afton Road Trail Improvements McKnight to Century), Project 03-29, and authorized the finance director to create a fund in the amount of $100,000 with the intent of making payment to Ramsey County. Seconded by Councilmember Hjelle Ayes -All Mayor Longrie adjourned at 12:52 a.m. with the meeting to be continued at 5:00 p.m., Thursday, August 17, 2006. A continuation of a meeting of the City Council was held Thursday, August 17th in Council Chambers, at City Hall, and was called to order at 5:00 P.M. by Mayor Longrie. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Absent Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present VISITOR PRESENTATIONS (continued) Joanne Funk, 880 South Lakewood Drive, Maplewood, commented on the serious air quality implications of burning solid fuel. AWARD OF BIDS (continued) Lift Station Number 18 Rehabilitation, City Project 05-29, Approve Award of Construction Contract and Budget Adjustment a. Public Works Director Ahl presented the report regarding the debarment of Jay Bros, I nc. Councilmember Rossbach moved to reconsider the award of bid to Jay Bros Inc. to be reconsidered at the August 28th meeting. Seconded by Councilmember Juenemann Ayes -All CONSENT AGENDA (continued) 7. Development Agreement Release — Hartford Group (Legacy Village) Approved the release of obligations under the Master Development Agreement and approved the Special Assessments Escrow Agreement. City Council Meeting 08-14-06 19 Mayor Longrie moved to take the Development Agreement Release off the table and address the item. Seconded by Councilmember Juenemann Ayes -All Mayor Longrie moved to approve the release of obligations under the Master Development Agreement provided a notice section is added to the document and to approve the Special Assessments Escrow Agreement provided a notice section is added to the document. Seconded by Councilmember Cave Ayes -All L. NEW BUSINESS (continued) 6. Ordinance to Establish Full Commission Status for the Environmental Committee -First Reading a. Environmental Manager Konewko provided the report. b. The following persons were heard: Dale Trippler, Environmental Committee Chair Ron Cockriel, 943 Century, Maplewood Mayor Longrie moved the first reading of the proposed ordinance amendment to establish an Environmental Commission as an advisory board to the city council as provided by Minnesota statues. Between now and the second reading council will receive the mission statement and other information the committee members have worked on to consider at the second reading. The duties and responsibilities should include developing sustainable practices and advising the council with regard to that. The name of the commission should be: The Environmental and Natural Resources Commission. Seconded by Councilmember Juenemann Ayes -All 7. Ordinance Amendment to the Environmental Preservation and Protection of Trees and Woodlands Ordinance -First Reading a. Environmental Manager Konewko presented the report. b. Mandy Musielewicz, Forester for the City of Maplewood was present for council questions. C. The following person was heard: Carol Mason -Sherrill, Environmental Committee, 2384 Nebraska Avenue East, Maplewood Councilmember Juenemann moved the first reading of the ordinance amendment to the Environmental Preservation and Protection of Trees and Woodlands Ordinance. Seconded by Mayor Longrie Ayes -All 8. Kenwood Area Street Improvements, City Project 05-16, Resolution for Modification of Existing Construction Contract, Change Orders 4, 5 and 6 a. Public Works Director Ahl presented the report. City Council Meeting 08-14-06 20 Councilmember Rossbach moved to approve the resolution directing the modification of the existing construction contract for the Kenwood Area Neighborhood Street Improvements, City Project 05-16, Change Orders 4, 5, and 6. Seconded by Councilmember Juenemann Ayes -All 9. County Road D Improvements, City Project 02-08, Resolution for Modification of the Existing Construction Contract, Change Orders No. 19-20: a. Public Works Director Ahl presented the report. Councilmember Juenemann moved to approve the resolution County Road D Improvements, City Project 02-08, Resolution for Modification of the Existing Construction Contract, Change Orders No. 19-20: RESOLUTION 06-08-097 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02-08, CHANGE ORDER Nos. 19-20 (T.A. Schifsky Contract) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-08, County Road D Realignment (West) Improvements (TH 61 to Walter Street), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02-08, Change Order Nos. 19-20, (T.A. Schifsky Contract), as an increase to said contract by an amount of $20,615.65, such that the new contract amount is now and hereby established as $926,840.75. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 19-20 as a contract increase in the amount of $20,615.65. The revised contract amount is $926,840.75 and, The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. A project budget of $3,632,500.00 shall be established. The proposed financing plan is as follows: Mn/Dot Troutland Ramsey County Vadnais Heights SPRWS Developer Interest on Investments 2006 Bonding Special Assessments Bond Sales TOTAL Seconded by Councilmember Cave $ 485,303.06 $ 10,000.00 $ 690,582.00 $ 304,908.00 $ 33,378.00 $ 45,000.00 $ 468,544.00 $ 1,077,964.00 $ 516,820.94 $ 3,632,500.00 Ayes -All City Council Meeting 08-14-06 21 M. COUNCIL PRESENTATIONS National Night Out -Council member Juenemann provided an update on the success of National Night Out. Eighty-three parties were held between that night and the following weekend (due to a rain -out). The block parties collected 1000 pounds of food for Second Harvest. Ms. Juenemann thanked everyone who sponsored the event and congratulated everyone who participated for making the event a success. 2. Wood burning Furnaces -A discussion was held regarding the year round use of wood burning furnaces. 3. South Leg Meeting-Councilmember Rossbach announced the next South Leg meeting is August 24th at 7:00 p.m., further information is available on the city website. 4. Overnight Parking -Mayor Longrie relayed a request from a resident for overnight parking for a limited period of time and possibly extending the permit for longer periods such as a month (i.e. a college student on spring break). N. ADMINISTRATIVE PRESENTATIONS Interim City Manager Copeland announced that the Deputy Registrar/City Clerk's office will start being open on Saturdays beginning September 16th from 8 a.m. to 12 noon for motor vehicle and passport processing. O. ADJOURNMENT Mayor Longrie adjourned at 7:00 p.m. City Council Meeting 08-14-06 22 From Robed A Paime Sr. My Father and Mother built our home in 1940 at 1721 Arcade St. ( also Hwy 61 ) in St. Paul, Minn. 55109. My parents continue to reside at this address. Since 1940 some have bought and sold the property to the South of my parents.Pinotti,s sold their farm, and Larpenter Ave. was extended from Parkway Dr. to Hwy 61. Because of the increase in traffic Hwy 61 was made to a four lane from a two lane. The State also put a service road in from our driveway So. To Larpenter Ave. so that we wouldn't have to exit out onto the Hy. r rcha d } r„n y at 1701 Then a Home Contractor by the name of nenneth E) it Nu!t!laSet+ the p! Nedp w Arcade St. that is now owned by Randy Bacchus, we have been neighbors for 40 years. My family and the Bacchus's have exited on Larpenter Ave. all these years. There is no right hand turn lane off of the Hwy and that is scary as it is. We don't understand why the Hwy Dept. wants to turn the Service Rood over to the village of Maplewood? They park their plow and sand trucks on it in the winter, it is an asset for doing !�••,., �, n�� ,o,�,00d is proposing to shut oft the service rood at Larpenter. to maintenance Ia111LGnaIlce oi! Is �' WI . !vlapw.r cause the Palmes and the Bacchus's to have to enter and exit on Hwy 61.causing a safety issue for those forced to use it. The road requires very little maintenance, so why would they want to give it away? We believe this is a matter for the Governor to look into because of the safety issue and it is a State Hwy. We would appreciate it if the Governor or someone from his office attend the meeting at Maplewood on August 14, 2006 at 7 PM. Robert Palme Sr. 612-722-7348 t2pairredAccmgt Randy Bacchus 651-494-4516 randy@bacchushomes.com ........... From: Annie Paruccini[mailto:Annie.Paruccini@state.mn.us] Sent: Tuesday, August 08, 20061:40 PM To: bpalme@tcq.net Subject: Thank you for contacting our office. Please respond to this message with the details regarding your concerns and I will find the appropriate person to speak with. Sincerely, Annie Paruccini Office of the Govemor 130 State Capitol St. Paul, MN 55155 651-296-3391 M.S. Sec. 507.34 Unrecorded certain cases. 2 151Jf /f�CCa conveyancesid in Every conveyance of real estate shall be recorded in the office of the county recorder of the county where such real estate is situated; and every such conveyance not so recorded shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate, or any part thereof, whose conveyance is first duly recorded, and as against any attachment levied thereon or any judgment lawfully obtained at the suit of any party against the person in whose name the title to such land appears of record prior to the recording of such conveyance. The fact that such first recorded conveyance is in the form, or contains the terms of a deed of quitclaim and release shall not affect the question of good faith of such subsequent purchaser or be of itself notice to the subsequent purchaser of any unrecorded conveyance of the same real estate or any part thereof. HIST: (8226) RL s 3357; 1976 c 181 s 2; 1986 c 444