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HomeMy WebLinkAbout11-08-2004ra B. MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, November 08, 2004 Council Chambers, City Hall Meeting No. 04-25 CALL TO ORDER PLEDGE OF ALLEGIANCE C. ROLL CALL 0 E. F Robert Cardinal, Mayor Kathleen Juenemann, Councilmember Marvin Koppen, Councilmember Jackie Monahan-Junek, Councilmember Will Rossbach, Councilmember APPROVAL OF MINUTES APPROVAL OF AGENDA M1. Food Shelf M2. Political Yard Signs M3. Cable Commission M4. Finance Department N1. Pre -Agenda Meetings Present Present Present Present Present Councilmember Monahan-Junek moved to approve the agenda as amended. Seconded by CouncilmemberKoppen Ayes -All APPOINTMENTS/PRESENTATIONS None G. CONSENT AGENDA Councilmember Koppen moved to approve consent agenda items 1-6 as presented. Seconded by CouncilmemberRossbach Ayes -All Councilmember Rossbach moved to approve consent agenda items 9-17 as presented. Seconded by CouncilmemberMonahan-Junek Ayes -All Councilmember Juenemann moved to approve consent agenda item 7 as presented. Seconded by CouncilmemberKoppen Ayes -All Councilmember Rossbach moved to approve consent agenda item 8 as presented with the contingency that if the approved sale is not closed by 01/31/05, the item will be brought back to City Council Meeting 11-08-04 1 council. Seconded by CouncilmemberMonahan-Junek 1. Approval of Claims ACCOUNTS PAYABLE: $ 379,172.38 Checks # 65254 thru # 65312 dated 10/26/04 Ayes -Mayor Cardinal, Councilmembers Juenemann, Monahan-Junek and Rossbach Nays-Councilmember Koppen $ 1,124,939.41 Disbursements via debits to checking account dated 10/15/04 thru 10/21/04 $ 300.00 Checks # 65313 dated 10/28/04 $ 778,661.21 Checks # 65314 thru # 65364 dated 11/02/04 $ 284,921.77 Disbursements via debits to checking account dated 10/22 thru 10/28/04 $ 2,567,994.77 Total Accounts Payable PAYROLL $ 528,564.59 Payroll Checks and Direct Deposit dated 10/22/04 $ 4,154.20 Payroll Deduction check # 99214 thru # 99217 dated 10/22/04 $ 532,718.79 Total Payroll $ 3,100,713.56 GRAND TOTAL 2. Budget Request —Recreation Program Fund Increased expenditures from $2,100 to $3,620 in account 206-603-249-4480 and increased revenue from $3,270 to $5,610 in account 206-000-249-3641. 3. Tartan Ice Arena—Budget Increase Approved to pay $11,144.50 from the general fund for the operating shortfall in the Tartan Ice Arena Budget. City Council Meeting 11-08-04 2 4. Sterling Oaks Park -Planning Consultant Approve to retain Sanders Wacker Bergly Inc. at a cost not to exceed $40,000 for the development of preliminary concepts, final master plan, plan bids and specifications, and assistance with the construction management phase for Sterling Oaks Park. The monies will be allocated from the Sterling Oaks Park fund which was adopted by the city council as part of the 2005 Capital Improvement Program. The monies for the development and design work for Sterling Oaks Park have come form the city's area charge fund. Annual Renewal Lawful Gambling — Hill Murray Mothers Club Moved to adopt the following resolution approving the lawful gambling resolution application for the Hill Murray Mothers Club to operate at 5-8 Tavern, 2289 Minnehaha Avenue: RESOLUTION 04-11-195 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for Hill Murray Mothers Club, to operate at 5-8 Tavern located at 2289 Minnehaha, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 6. 2005 SCORE Funding Request Moved to approve the 2005 SCORE application in the amount of $68,379. The money is a grant from the county to repay the city for a portion of the recycling costs. 7. Property Transfer — Ramsey County Suburban Court Facility (2050 White Bear Avenue) Moved to adopt the following resolution authorizing the Mayor and the City Manager to execute the deeds to transfer ownership of the city -owned parcel at 2050 White Bear Avenue to Ramsey County for the Suburban Courts Facility. These documents shall include access and maintenance agreements for the property and for the parking lots: City Council Meeting 11-08-04 RESOLUTION 04-11-210 AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED TO RAMSEY COUNTY FOR THE SUBURBAN COURT FACILITY WHEREAS, The City of Maplewood has agreed to convey its property to Ramsey County for Ramsey County to construct a Suburban Court Facility, the property legally described as follows: The South 183.00 feet of the East 420.00 feet of the West 633.00 feet of the Northwest Quarter, Section 14, Township 29, Range 22, Ramsey County Minnesota; WHEREAS, Ramsey County has accepted this conveyance, agrees to the improvements and has agreed to construct a Suburban Court Facility on the above-described property; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA THAT: the City of Maplewood authorizes its Mayor and City Manager to execute a Quit Claim Deed to Ramsey County for the above-described property for the purpose of construction a Suburban Court Facility. Ramsey County shall be responsible for all costs associated with recording of the Quit Claim Deed. Consideration of Purchase Offer for Larpenteur/Adolphus Properties (Larpenteur Ave. and Adolphus St.) Moved to accept the bid of $400,000 submitted by Mr. Jack Krongard, of Krongard Construction Company, for the purchase of the Larpenteur/Adolphus lots to be developed with 11 townhomes. 9. Conditional Use Permit Review – Jiffy Lube (3071 White Bear Avenue) Approved to review the conditional use permit for the Jiffy Lube automobile maintenance garage at 3071 White Bear Avenue (near Maplewood Mall) again in one year or sooner if a problem arises or if the owner proposes a significant change to the site. 10. Conditional Use Permit Review – Rose/Rice Auto Sales (1908 Rice Street) Moved to approve the conditional use permit for Rose/Rice Auto and review again only if a problem develops. 11. Conditional Use Permit Review – Ponds of Battle Creek Golf Course (601 Century Avenue South) Moved to review the conditional use permit for the Ponds of Battle Creek Golf Course at 601 Century Avenue South again in one year. The council may review this permit sooner if a problem arises or if the owner proposes a significant change to the site or to the golf course. 12. TH 61 Improvements (Beam to I-694), Project 03-07—Approve Quit Claim Deed to Sparkle Auto for Excess TH 61 Property City Council Meeting 11-08-04 Moved to approve the issuance of a Quit Claim Deed to Sparkle Auto for the excess right of way east of the Sparkle Auto property adjacent to Trunk Highway 61 and authorized the Mayor and City Manager to sign the deed. 13. Eldridge Avenue Improvements, Project 01-29 — Resolutions for: a. Modification of Existing Construction Contract, Change Orders 1 & 2 b. Acceptance of Project and Modification of Project Budget Adopted the following resolution approving the Acceptance of Project for the Eldridge Avenue Improvements, City Project 01-29 and authorized the Finance Director to make the necessary financial transfers as noted in the revised financing plan: RESOLUTION 04-11-196 ACCEPTANCE OF PROJECT AND MODIFICATION OF PROJECT BUDGET WHEREAS, the city engineer for the City of Maplewood has determined that the Eldridge Avenue Improvements, City Project 01-29, are complete and recommends acceptance of the project, and WHEREAS, the project budget must be modified as noted in the revised financing plan due to an increase in project expenditures over the amount budgeted as well as due short falls in some original project funding sources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1. City Project 01-29 is complete and maintenance of this improvement is accepted by the city. Release of any retainage or escrow is hereby authorized. 2. The finance director is authorized to make the necessary financial transfers as noted in the revised financing plan. Below is the revised final budget for project 01-29: City Council Meeting 11-08-04 Current Revised Funding Source Buffet Budget Assessments: $129,640 $129,640 Sewer Utility Fund $6,660 $10,700 SPRWS $0 $1,550 Private Driveway Agreements $29,500 $6,670 General Tax Levy: $234,500 $259,440 Total: $400,300 $408,000 14. Maple Hills Liftstation Relocation, Project 02-04 — Resolution for Acceptance of Project and Modification of Project Budget. City Council Meeting 11-08-04 Adopted the following resolution approving the acceptance of project for the Maple Hills Lift Station Relocation Improvements, City Project 02-04 and authorized the Finance Director to make the necessary financial transfers as noted in the revised financing plan: RESOLUTION 04-11-197 ACCEPTANCE OF PROJECT AND MODIFICATION OF PROJECT BUDGET WHEREAS, the city engineer for the City of Maplewood has determined that the Maple Hills Lift Station Relocation Improvement, City Project 02-04, is complete and recommends acceptance of the project, and WHEREAS, the project budget must be modified as noted in the revised financing plan due to an increase in project expenditures over the amount budgeted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 02-04 is complete and maintenance of this improvement is accepted by the city. Release of any retainage or escrow is hereby authorized. 2. The finance director is authorized to make the necessary financial transfers as noted in the revised financing plan. Below is the revised final budget for project 02-04: Ordinal Revised Funding Source Buffet Buffet Assessments: $151,232 $140,739 Sewer Utility Fund: $95,848 $106,661 Total: $247,080 $247,400 15. County Road D Realignment West, Project 02-08 — Resolution Approving Deferment Conditions at 1290 County Road D East, PIN 04-29-22-11-0003, James & Mary McMahon. Adopted the following resolution approving the adoption of the assessment roll for the County Road D Realignment (West), Walter Street to T.H. 61, City Project 02-08: RESOLUTION 04-11-198 ADOPTING DEFERMENT CONDITIONS WHEREAS, pursuant to a resolution adopted by the City Council on September 13, 2004, calling for a Public Hearing, the assessment roll for County Road D Realignment (West), Walter Street to T.H. 61, City Project 02-08, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessment according City Council Meeting 11-08-04 to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. James & Mary McMahon, 1290 County Road D East, PIN 04-29-22-11-0003, have requested an undeveloped property deferment for 5 -years, or until they sell their property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The owners, James & Mary McMahon, 1290 County Road D East, PIN 04-29-22-11-0003, shall be granted an assessment deferment for undeveloped property with the following conditions: a. The assessment, in the amount of $52,832.00, shall be deferred for 5 -years and shall remain in a deferred status until the property is sold for redevelopment or until October 15, 2009, which ever comes first. b. The assessment shall continue to bear interest at the rate of 5.0 percent per annum from October 15, 2004 until the assessment is paid in full. c. The assessment, plus accrued interest shall be paid in full if the property is sold for redevelopment within the five year deferment period. Payment shall be the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. d. If the property has not been sold for redevelopment during the 5 -year deferment period, the assessment shall be reactivated and the deferred status removed from the property on October 15, 2009. The assessment shall be recertified to Ramsey County as a 10 -year assessment with an adjusted principal of $66,040, which includes the original principal of $52,832.00, plus $13,208.00 of interest accrued during the five year deferment period. Such assessment shall then be payable in equal annual installments extending over a period of 10 years, the first installments to be payable on or before the first Monday in January 2010 and shall bear interest at the rate of 5.0 percent per annum from the October 15, 2004. To the first installment shall be added interest on the entire assessment from October 15, 2009 until December 31, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 16. Skywarn EOC-Ramsey County Agreement -Item pulled 17. Cahanes Estates Final Plat (Crestview Drive and Minnehaha Avenue) Approved the final plat for Cahanes Estates date-stamped September 29, 2004. This approval is subject to the county recording the deeds, deed restrictions and covenants required by the city and the developer meeting all the conditions of the City Engineer. H. PUBLIC HEARINGS None L AWARD OF BIDS None City Council Meeting 11-08-04 J. UNFINISHED BUSINESS None K. NEW BUSINESS Public Safety Communications Supervisor City Manager Fursman presented the staff report. b. Police Chief Thomalla presented specifics from the report. Councilmember Monahan-Junek moved to approve the creation of the Public SafetX Communications Supervisor position and the proposed pay rate. Seconded by Councilmember Juenemann Ayes -All 2. Home Occupation License — David Grupa Photography (1994 Duluth Street) City Manager Fursman presented the staff report. b. Planner Roberts presented specifics from the report. Commissioner Trippler presented the Planning Commission report. d. David Grupa, the applicant, addressed the council. Councilmember Koppen moved to table this application until the November 22nd City Council meeting so that staff can research council questions. Seconded by Councilmember Monahan-Junek Ayes -All University Auto Sales (1145 Highway 36)- a. Conditional Use Permit Revision b. Design Approval City Manager Fursman presented the staff report. b. Planner Roberts presented specifics from the report. Boardmember Ledvina presented the Community Design Review report. d. Commissioner Trippler presented the Planning Commission report. Hossein Aghamirzai, the applicant addressed the council. Councilmember Koppen moved to adopt the following resolution approving the conditional use permit for University Auto Sales at 1145 Highway 36: City Council Meeting 11-08-04 USED MOTOR VEHICLE SALES CONDITIONAL USE PERMIT RESOLUTION 04-11-199 WHEREAS, Hossein Aghamirzai, of University Auto Sales and Leasing, applied for a conditional use permit to be allowed to expand a used motor vehicle sales business. WHEREAS, this permit applies to property located at 1145 E. Highway 36. The legal description is: ALL OF BLOCK 21 EXCEPT THE EAST 480 FEET THEREOF, CLIFTON ADDITION, RAMSEY COUNTY, MINNESOTA, SUBJECT TO STATE HIGHWAY NO. 36/118, AND STATE HIGHWAY 61/1. WHEREAS, the history of this conditional use permit is as follows: On November 1, 2004, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. 2. On November 8, 2004, the city council reviewed the conditional use permit request and considered recommendations by the planning commission and city staff After review, the city council approved this permit. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit based on the site plans. The city approved this permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. City Council Meeting 11-08-04 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (and amendments to the original conditions noted): All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The site shall be kept in neat and orderly condition. The applicant shall observe the striping pattern and not crowd the site by placing additional vehicles on the site beyond what can be parked in the striped parking spaces. The drive aisles shall be kept clear of vehicles. There shall be no parking on the grass or landscaped areas. 5. There shall be no vehicle delivery or transport/trailer unloading along the street. This activity shall be kept on site. 6. Outdoor storage of any new or used materials other than vehicles shall be prohibited unless such materials can be fully concealed within a screening enclosure. The design and placement of any such enclosure shall be subject to staff approval. 7. The hours of operation of this used motor vehicle sales business shall be 8 a.m. to 8 p.m. Monday through Saturday. The used motor vehicle sales business shall be closed on Sunday. 8. There shall be no parking of motor vehicles within the drive aisles, either blocking the drive aisles for security when the business is closed or parked along the side of the drive aisles on display. Seconded by CouncilmemberRossbach Ayes -All Councilmember Koppen moved to approve the site plan date-stamped September 17, 2004, for the expansion of a motor vehicle sales lot at 1145 Highway 36 East. Approval is subject to the applicant complying with the following conditions: Repeat this review in two years if the city has not issued a building permit for this proj ect. b. Prior to issuance of a grading permit for the expanded used motor vehicle sales lot, the applicants must submit the following to staff for approval: 1) A grading and drainage plan which addresses all conditions required in Chuck Vermeersch's memorandum dated October 18, 2004. This plan shall include providing ponding or other water quality features in the ditch. 2) Revised site plan showing the expanded motor vehicle sales lot maintaining a 5 - foot setback to the rear property line. City Council Meeting 11-08-04 10 3) Landscape plan showing the planting of at least 7 deciduous trees (one tree per 30 feet) or 14 ornamental trees (one tree per 15 feet), 30 shrubs, and several perennial plants to be planted along the front of the expanded motor vehicle sales lot, and shrubs within the existing planting bed along the west side of the building. All other areas must be sodded or seeded with grass. The CDRB waives the city code requirement for underground irrigation. 4) Trash dumpster enclosure plans for the outside trash containers if used (code requirement). This plan must show the placement and design of the enclosure. Trash enclosures must have a 100 percent opaque closeable gate. Enclosures must be of a material that matches or is compatible with the building. 5) Photometrics plans for any new outdoor lighting. The plan must include the light illumination at all property lines not exceeding .4 -foot-candles and all freestanding lights maintaining a height of 25 feet or less. 6) A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. Complete the following prior to the city conducting a final grading inspection on the site, unless the city holds the above-mentioned cash escrow or letter of credit to ensure completion of the work: 1) Painting all new and existing parking space stripes. 2) Construction of a trash dumpster enclosure for any outside trash containers if used. 3) Repainting of all existing light poles white to ensure no chipped or peeling paint. 4) Installation of all required landscaping. d. All work shall follow the approved plans. The director of community development may approve minor changes. If paving of the expanded motor vehicle sales lot does not occur in 2004, the applicant shall review the need for silt fence and erosion control with the city engineering department. Seconded by CouncilmemberRossbach Ayes -All 4. Sale of City -owned Property (east of 2647 Brookview Drive) City Manager Fursman presented the staff report. b. Planner Roberts presented specifics from the report. Mayor Cardinal moved to dispose of the property if it does not have adverse effect on the adjoining prope L-ty owners. City Council Meeting 11-08-04 11 Seconded by CouncilmemberKoppen Ayes -All City Hall Campus Environmental Review — Adopt Feasibility Study Recommendations City Manager Fursman presented the staff report. b. Environmental Officer Konewko presented specifics from the report. Dale Tripper, representing the Environmental Committee presented the Committee's report. d. Sherri Busse, Landscape Architect for the Campus Master Plan Councilmember Juenemann moved to adopt the study recommendations and to allow staff to proceed with the staff driven projects. Seconded by CouncilmemberKoppen Ayes -All 6. Hazelwood Street Improvements (Beam Ave. to County Road D), Project 03-39 — Resolution Accepting Report and Calling for Public Hearing City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution accepting the report and called for a public hearing for 7:15 p.m., Monday, November 22, 2004, for the Hazelwood/County Road C Area Improvements project: RESOLUTION 04-11-200 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted September 13, 2004, a report has been prepared by the city engineering division with reference to the improvement of Hazelwood Street Improvements, City Project 03-39, and this report was received by the council on November 8, 2004, 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 improvement of such street in accordance with the report and the assessment of abutting property 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 $1,423,800. 2. A public hearing shall be held on such proposed improvement on the 22nd day of November 2004 in the council chambers of city hall at 7:15 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. City Council Meeting 11-08-04 12 Seconded by CouncilmemberMonahan-Junek Ayes -All 7. Gladstone North Neighborhood Street Improvements, Project 04-15 — Resolution Accepting Report and Calling for Public Hearing City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Jim Lancett, 1408 Eldridge Street, Maplewood Mayor Cardinal moved to adopt the following resolution acceptingthe he report and called for a public hearing for 7:00 p.m., Monday, November 22, 2004, for the Gladstone North Area Street Improvements project: RESOLUTION 04-11-201 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted May 24, 2004, a report has been prepared by the city engineering division with reference to the improvement of Gladstone North Area Streets, City Project 04-15, and this report was received by the council on November 8, 2004, 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 improvement of such street in accordance with the report and the assessment of abutting property 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 $2,766,605. 2. A public hearing shall be held on such proposed improvement on the 22nd day of November 2004 in the council chambers of city hall at 7:00 pm., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by CouncilmemberKoppen Ayes -All Skywarn EOC-Ramsey County Agreement City Manager Fursman presented the staff report. b. Police Chief Lukin presented specifics from the report. Councilmember Juenemann moved to approve the agreement between Ramsey County and Maplewood for combining Skywarn EOC. Seconded by CouncilmemberKoppen Ayes -All City Council Meeting 11-08-04 13 L. VISITOR PRESENTATIONS Diane Longrie-Kline, 1771 Burr Street, commented on the sale of city owned property. M. COUNCIL PRESENTATIONS 1. Food Shelf Challenge -Councilmember Juenemann asked all residents and local businesses to participate in the annual food drive. Contributions are being collected at City Hall, the Community Center and Gladstone Fire Station (Frost and Clarence Streets.). 2. Political Signs-Councilmember Juenemann asked that all residents please remove the political signs from their yards. 3. Cable Commission-Councilmember Koppen asked that Maplewood commission representative, Kim Facile, provide a current commission update to the council. 4. Finance Department -Mayor Cardinal commended Dan Faust and the Finance Department for being awarded their 19th consecutive distinguished budget preparation award. City Council Meeting 11-08-04 14 N. ADMINISTRATIVE PRESENTATIONS Pre -Agenda Meetings -City Manager Fursman recommended the suspension of pre - agenda meetings. Council decided to discuss this issue further at a later date. O. ADJOURNMENT Councilmember Koppen moved to adjourn at 10:03 p.m. Seconded by Councilmember Juenemann Ayes -All City Council Meeting 11-08-04 15 fru 613 QUIT CLAIM DEED Form No. 31-M Minnesota Uniform Corporation, Partnership or Limited Conveyancing Blanks (1/15/97) Liability Company to Corporation, Partnership or Limited Liability Company (Top 3 Inches Reserved for Recording Data) DEED TAX DUE: S Date: November 2004 FOR VALUABLE CONSIDERATION, the City of Maplewood a municipal corporation under the laws of Minnesota Grantor, hereby conveys and quitclaims to Ramsey County Grantee, a political subdivision under the laws of Minnesota real property in Ramsey County; Minnesota, described as follows: Attached hereto as Exhibit A. together with all hereditaments and appurtenances. Check box if applicable: ❑x The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real. property have not changed since the last previously filed well disclosure certificate. Affix Deed Tax Stamp Here By Its. Mayor By Its City Manager STATE, OF MINNESOTA ss. COUNTY OF Ramsey This instrument was acknowledged before me on November 2004' (Date) by Robert Cardinal and Richard Fursman the Mayor and City Manager of the City of Maplewood , a municipal corporation under the laws of Minnesota on behalf of the City NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) Kelly & Fawcett, P.A. 2350 Piper Jaffray Plaza 444 Cedar Street St. Paul, MN 55101 SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL Check here if part or all of the land is Registered (Torrens) ❑ Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): EXHIBIT A The South 183.00 feet of the East 420 feet of the West 633.00 feet of the Northwest Quarter of the Northwest Quarter of Section 14, Township 29, Range 22, Ramsey County Minnesota. Grantor is conveying this real property for the purpose of allowing the Grantee to construct a suburban court facility on it. If, at any time, the Grantee. ceases to use the property for a suburban court facility, it shall pay the Grantor fair market value for the land as determined by an appraiser selected by the Grantor at the Grantor's sole discretion. Notwithstanding any other provision contained in this Deed, use of the property shall be limited to the following: courtrooms; facilities for court administration; meeting rooms for j udges, support staff and any person appearing in a matter scheduled to be heard in the building; temporary holding facilities for prisoners (excluding any prisoner to be held overnight or over a weekend or holiday); and all facilities needed to maintain the building. If the Grantee or its successors or assigns proposes a use other than that set out above, the Grantor shall have the right to approve said use, which approval shall not be unreasonably withheld.