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2003 12-22 City Council Packet
Reception for Councilmembers Wasiluk and Collins at 5: 00 p.m. AGENDA MAPLEWOOD CITY COUNCIL 6:00 P.M. Monday, December 22, 2003 Council Chambers, Municipal Building Meeting No. 03 -31 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Minutes from the December 08, 2003 City Council/Manager Workshop 2. Minutes from the December 08, 2003 City Council Meeting E. APPROVAL OF AGENDA F. APPOINTMENTS /PRESENTATIONS G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Budget Changes for 2003 Bond Issues 3. Designation of Depositories for Investments 4. Accept Grant from American Heart Association for Automatic Emergency Defibrillators 5. Authorization to Purchase Replacement of Fire Chief's Vehicle 6. Fire Relief Association Bylaw Change 7. 2004 Animal Control Services Contract 8. Resolution Appointing Kenneth Collins to the 800 MHz Policy Committee 9. Conditional Use Permit Review Waldorf School (70 County Road B East) 10. Conditional Use Permit Review St. Paul Business Center East (1993, 1997 and 2025 Sloan Place) 11. Budget Transfer from General Fund to Engineering, Wages /Temporary (101 -503- 000 -4025) H. PUBLIC HEARINGS I. AWARD OF BIDS J. UNFINISHED BUSINESS Code Amendment Historical Commission (Second Reading) K. NEW BUSINESS I. Communications Center Staffing 2. McKnight Road and Lower Afton Road Intersection Improvements, City Project 02 -13 Approve Agreement with Ramsey County for Maintenance and Construction of Traffic Control Signals and EVP System 3. County Road D Realignment (TH 61 to Southlawn), City Project 02 -07 Approve Right of Way and Easement Acquisition Agreements: a. Keith Venburg for Property at 2990 Highway 61 b. Premises Lease with Mercon Corporation, d/b /a Venburg Tire C. Mercon Corporation, d/b /a Relocation Agreement d. Gulden Roadhouse, Inc. L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (65 1) 249 -2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OFCIVILITYFOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone `s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. MINUTES CITY COUNCIL /MANAGER WORKSHOP Monday, December 08, 2003 Council Chambers, City Hall 6:00 p.m. A. CALL TO ORDER B. ROLL CALL Robert Cardinal, Mayor Kenneth V. Collins, Councilmember Kathleen Juenemann, Councilmember Marvin C. Koppen, Councilmember Julie A. Wasiluk, Councilmember Others Present: C. Fill City Manager Fursman Assistant City Manager Coleman Associate Planner Finwall APPROVAL OF AGENDA Present Present Present Present Present Councilmember Juenemann moved to approve the agenda as presented. Seconded by Councilmember Wasiluk Ayes -All NEW BUSINESS 1. Hillcrest Village Redevelopment Presentation Associate Planner Finwall introduced Planning Commissioner Jackie Monahan -Junk who presented why she felt the timing is right for redevelopment progress to begin at Hillcrest Village. Associate Planner Finwall discussed the history on how the city has reached this point of development in the Hillcrest Area. Commissioner Monahan -Junk discussed ideas on how Hillcrest could redevelop, the current "knowns" and the numerous "unknowns ". Ms. Monahan -Junk stated, in conclusion: the concept plan has been approved, the moratorium ended October 28, 2003 and rezoning will be discussed in February. City Manager Fursman and staff discussed questions and ideas on the proposed City Council/Manager Workshop 12 -08 -03 redevelopment concepts with council. E. FUTURE TOPICS 1. Sidewalk Study- Overall City Plan F. ADJOURNMENT Councilmember Wasiluk moved to adjourn at 6:50 Seconded by Councilmember Juenemann Ayes -All City Council/Manager Workshop 12 -08 -03 DRAFT -- MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., December 08, 2003 Council Chambers, Municipal Building Meeting No. 03 -30 A. C. 1a E. CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:00 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present Mayor Cardinal recognized City Manager Fursman and Councilmember Collins who served the country overseas. The Mayor asked residents to call the receptionist at 651 - 249 -2000 to provide names of others who have served or our currently serving our country so he may acknowledge them at each City Council Meeting. APPROVAL OF MINUTES 1. Minutes from the City Council/Manager Workshop- November 24, 2003 Councilmember Juenemann moved to approve the Council/Manager Workshop Minutes of November 24. 2003 as presented. Seconded by Councilmember Collins Ayes -Mayor Cardinal, Councilmembers Collins, Juenemann, and Koppen Abstain - Councilmember Wasiluk 2. Minutes from the City Council Meeting- November 24, 2003 Councilmember Collins moved to approve the City Council Meeting Minutes of November 24. 2003 as presented. Seconded by CouncilmemberJuenemann Ayes -All APPROVAL OF AGENDA Councilmember Collins moved to approve the agenda as presented. Seconded by Councilmember Wasiluk Ayes -All S VCTY CLEKIAGENDA ITEMS 1222031D2 MRSOTES DOC F. APPOINTMENTS /PRESENTATIONS 1. Recognition of Citizens a. City Manager Furman presented the report. b. Police Chief Thomalla publicly recognized Ken Blissenblock and Nick Sandberg, for their heroic assistance apprehending a purse thief on November 29 at Cub Foods in Maplewood. 2. Planning Commission Appointment a. City Manager Fursman presented the report. b. Assistant City Manager Coleman presented specifics from the report. C. Jeff Bartol, 2207 Pinkspire Lane, reintroduced himself to council and formally accepted his appointment to the Planning Commission. Councilmember Wasiluk moved to appoint Mr. Jeff Bartol to serve on the Planning Commission with a term that would expire December 31, 2004. Seconded by Councilmember Juenemann Ayes -All G. CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE $3,941.11 Checks #62415 thru #62417 dated 11/18/03 thru 11/20/03 $853,911.46 Checks #62418 thru #62491 dated 11/21/03 thru 11/25/03 $3,060,235.07 Disbursements via debits to checking account dated 11/13/03 thru 11/19/03 $1,500.00 Check #62492 dated 11/24/03 $377,979.95 Checks #62493 thru #62578 dated 11/26/03 thru 12/02/03 $298,199.82 Disbursements via debits to checking account dated 11/19/03 thru 11/28/03 $4,595,767.41 Total Accounts Payable PAYROLL $418,394.60 Payroll Checks and Direct Deposits dated 11/21/03 4 S VCTY CLEKIAGENDA ITEMS 1222031D2 MRSOTES DOC $4,162.12 Payroll Deduction checks #95747 thru #95749 dated 11/21/03 $422,556.72 Total Payroll $5,018,324.13 GRAND TOTAL 2. Financial Transfer for Unassessed Water Improvements Authorized a $33,460 transfer from the Water Availability Charge Fund -St. Paul Water District to the Debt Service Fund for the 2002 Improvement Refunding Bonds. 3. Assessments for Unpaid Ambulance Bills Adopted the following resolution to certify $31,784.74 of unpaid ambulance bills as special assessments for collection with 2004 property taxes with interest at the rate of eight percent on the total amount for one year. RESOLUTION 03 -12 -230 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached ambulance service charges totaling $31,784.74 for collection with the taxes of said property owner for the year 2003, collectible in 2004 with interest at the rate of eight percent (8 %) on the total amount for one year. 4. Write Off Uncollectible Ambulance Bills for 2001 Approved that the $220,775.30 of ambulance bills itemized in the agenda report exhibit be written off as uncollectible. 5. 2004 Recycling Services Contract Approved the following contract for 2004 Recycling Services between the City of Maplewood and Onyx Waste Services: CONTRACT AGREEMENT BETWEEN CITY OF MAPLEWOOD AND ONYX WASTE SERVICES, INC. FOR RECYCLING SERVICES This Agreement is made this 1st day of January 2004, between the City of Maplewood, 1830 East County Road B, Maplewood, Minnesota 55109 ( "City ") and Onyx Waste Services, Inc., a Minnesota corporation, with its current local place of business at 1375 7 Avenue, Newport, Minnesota 55055 ( "Contractor "). WITNESSETH: and WHEREAS, the City supports curbside recycling and desires that it be available to its residents; WHEREAS, the City supports curbside recycling as part of an overall landfill abatement program; S VCTY CLEKIAGENDA ITEMS 1222031D2 MRSOTES DOC and WHEREAS, Ramsey County has funding available for curbside recycling; and WHEREAS, the Contractor has submitted a proposal for curbside recycling to the City; NOW, THEREFORE, the City and Contractor mutually agree as follows, in consideration of the mutual promises and covenants contained herein; 1. DEFINITIONS a. "Service Area" means the City of Maplewood b. "Recyclable Materials" means newsprint, glass, mixed aluminum and bimetal beverage containers, other aluminum, tin food cans, and other materials as mutually agreed upon by the City and the Contractor. C. "Recycling Collection" means the taking up of all recyclable materials accumulated at all single - family and multi - family residential properties, and the transporting of the recyclable materials to a specified processing site or market. 2. PAYMENT a. The City will compensate the Contractor for the collection of recyclable materials from residential and multi -unit dwellings as described in Section 3. b. The City shall reimburse the Contractor on a monthly basis at a rate of $96.37 per ton of recyclable materials. In the event of a yearly renewal, the charge may be changed, based upon increases in operating costs for Onyx Waste Services, for Onyx Waste Services giving to the City written notice of such change on or before December 1, and the City agreeing to the change. C. The Contractor must invoice the city monthly, and indicate tonnages of each material recycled from the area for the billing period. Truck scale receipts for all materials must be attached to the invoice. d. The City will provide the Contractor with maps of the City, noting areas for recycling collection and areas where recycling collection is not desired and /or not necessary. e. Any dispute, controversy, or claim on any matter relating to this Contract shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may demand arbitration by written notice to the other. Any dispute or claim shall be submitted to arbitration within fifteen (15) days. The arbitration shall be final and binding. The party that is unsuccessful shall be responsible for the prevailing party's costs and expenses. 3. OBLIGATIONS —CONTRACTORS a. Service The Contractor shall provide every other week collection services for all recyclable S VCTY CLEKIAGENDA ITEMS 1222031D2 MINUTES DOC materials on the same day as regular garbage collection. The collection of recyclables shall be made only between the hours of 6:00 a.m. and 6:00 p.m., Monday through Thursday. The Contractor shall provide recycling collection services to all residential dwelling units and multi -unit dwellings currently not having recycling services. A list of the multi -unit dwellings that currently do not have recycling services will be provided to the Contractor. The Contractor shall be required to establish service with these multi -unit dwelling complexes no later than August 1, 2004. The City will furnish the contractor with any information the Contractor needs to fulfill this requirement. If this requirement is not meet, a letter to the City describing the reasons this provision was not achieved must be received by the City no later than August 1, 2004. b. Contractor's Operation The Contractor shall establish and maintain, in a location approved by the City, an office with continuous supervision for accepting complaints and customer calls. The office shall be in service with continuous supervision during the hours of 7 a.m. until 4:30 p.m. on all days of collection as specified in this Agreement. The address and telephone numbers of such office, and ten (10) days prior notice of changes therein, shall be given to the city in writing. The address of this office as of the execution of the contract is 1375 7 Street, Newport, MN, 55055. The telephone number is 651- 459- 6377. The Contractor shall also establish a link to the City's website so complaints can be made electronically. The Contractor shall furnish the City a list each month of the number of complaints made, the nature of these complaints and how these complaints were resolved. The names of the complainants and contact numbers or e- mail addresses must also be included. This information shall be included as part of the monthly billing statement. C. Collection c -1 The Contractor shall collect all recyclable materials every other week on the days corresponding to City garbage collection days. c -2 Complaints on service will be taken and collected by the City and the Contractor. The City will notify the Contractor of all complaints it receives. The Contractor is responsible for corrective actions. The Contractor shall answer all complaints courteously and promptly. Refer to Subsection 3 -b of this agreement for additional requirements on processing complaints. c -3 Whenever the City or a resident notifies the Contractor of locations which have not received scheduled service, the Contractor is required to service such locations by 7 p.m. the following day. c -4 Recyclable materials shall be prepared as follows: Put newspaper, non - glossy paper and envelopes in paper grocery bags or cardboard boxes that can be put into the truck and recycled. Corrugated cardboard must be bundled and tied and not exceed than twenty pounds and not larger than three -feet by three -feet (3' x 3'). Metal cans and plastic bottles must be rinsed and placed in recycling bin. S VCTY CLEKIAGENDA ITEMS 1222031D2 MINUTES DOC Remove lids and metal rings from glass containers and rinse containers prior to placing in recycling bin. Cans, bottles and plastic can be placed in one container together. c -5 The City and Contractor may mutually agree to amend the list of materials that the Contractor collects under this Agreement. c -6 Containers in which recyclable materials have been stored shall be placed on the curbside in front of the residents' property by 6:30 a.m. on the scheduled day of collection. c -7 All recyclable materials placed for collection shall be owned by and be the responsibility of the occupants of residential properties until they are handled by the Contractor. Upon collection of the containers and recyclable materials by the Contractor, the recyclable materials become the property and responsibility of the Contractor. c -8 Recyclable materials deemed unacceptable by the Contractor, according to the preparation procedures outlined in Subsection c -4, shall be collected on the first occurrence by the Contractor. Each time thereafter, when materials are incorrectly prepared; the Contractor shall leave at the residence written notice forms, which explain why the materials were not collected. c -9 The Contractor shall not landfill, incinerate, or make fuel pellets out of the recyclable materials. C-10 The Contractor's employees shall leave for the residents reuse any containers marked SAVE. These containers, once emptied, shall be returned to the curbside. Any spills created will be cleaned up immediately. The Contractor shall also be responsible for material leaving the immediate site. d. Vehicles Each collection vehicle shall be equipped with the following: 1. The Contractor's vehicles shall be marked with the name and telephone number of the Contractor prominently displayed on both sides of the truck. The lettering must be at least 3 inches in height. 2. 2 -way radio. First aid kit. 4. Approved 2A1O13C dry chemical fire extinguisher. Warning flashers. 6. Warning alarms to indicate movement in reverse. S VCTY CLEKIAGENDA ITEMS 1222O31D2 MINUTES DOC 7. Sign on rear of vehicle which states "This vehicle makes frequent stops ". 8. Broom and shovel for cleaning up spills. All of the required equipment must be in proper working order. All vehicles must be maintained in proper working order and be as clean and free of odors as possible. e. Personnel Requirements Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Agreement. Contractor's personnel shall: 1. Conduct themselves at all times in a courteous manner with the general public. 2. Make a concerted effort to have at all times a presentable appearance and attitude. 3. Perform their work in a neat and quiet manner and clean up all recyclables spilled in collection and hauling operations. 4. Avoid damage to property. 5. Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and /or such substances. 4. TERM The term of this Agreement shall be for one year from January 1, 2004 to December 31, 2004, This Agreement may be extended for two years, in one year increments, provided both parties mutually agree to do so before December 1, 2004 and December 1, 2005. 5. CANCELLATION Either party may cancel this Agreement with or without cause at any time upon sixty (60) days written notice to the other party. In such event of termination, the Contractor shall be entitled to reimbursement for those expenses incurred up to the termination date, provided the expenses have been incurred by only providing the services in Section 3. 6. DEFAULT Any of the following shall constitute default on the part of the Contractor: a. The failure of the Contractor to provide service in a manner consistent with Section 3. b. Falsifying any records of information required under this Agreement, and /or failure to supply the information required in Subsection 2 -c above. S VCTY CLEKIAGENDA ITEMS 1222031D2 MRSOTES DOC 7. GENERAL CONDITIONS a. All services and duties performed by the Contractor pursuant to this Agreement shall be performed to the satisfaction of the City, and in accordance with all applicable Federal, State, and local laws, ordinances, rules and regulations as a condition of payment. Contractor agrees to comply with Minnesota Statutes 181.59, relating to nondiscrimination. b. The Contractor shall post an unrestricted letter of credit with the City Clerk of not less than $25,000.00, to be made available to the City in the event of the Contractor's inability to execute the Contractor's obligations set forth by this Agreement. C. The Contractor shall provide a Certificate of Insurance as proof of liability coverage for bodily injury or death in the amount of $1,000,000 for any person and in the sum of $1,000,000 for two or more persons for the same occurrence and for damages to property in the sum of $200,000. The Certificate of Insurance shall name City as an additional insured and state that Contractor's coverage shall be the primary coverage in the event of a loss. Further, the Certificate shall provide for thirty (30) days written notice to City before cancellation, expiration, or change of coverage. Contractor shall provide workers compensation covering all employees or Contractors engaged in the performance of this Agreement, in accordance with the Minnesota Workers Compensation Law. d. The Contractor shall at all times be an independent contractor, and shall not be the employee of the City for any purpose. No statement herein shall be construed so as to find Contractor an employee of the City. The Contractor shall not enter into subcontracts for any of the services provided for in this agreement without the express written consent of the City. The City shall not be responsible for the payment of any taxes, either Federal or State, on behalf of the Contractor, nor shall the City be responsible for any fringe benefits. No Civil Service or other rights of employment will be acquired by virtue of Contractor's services. e. The Contractor agrees to defend, hold harmless, and pay, on behalf of the City and its officials, agents, and employees, from any and all liability, loss or damage they may suffer as a result of demand, claims, judgments, or costs, arising out of or related to the Contractor's negligent actions, or failure to act in performance of this Agreement. f All data collected, created, received, maintained, or disseminated for any purpose in the course of this Agreement, is governed by the Minnesota Governmental Data Practices Act, Minnesota Statutes Chapter 13 (2003), or any other applicable State Statute, any State rules adopted to implement the act, as well as Federal statutes and regulations on data privacy. The Contractor agrees to abide by these statutes, rules, and regulations g. All books, records, documents, and accounting procedures and practices of the Contractor relative to this Agreement are subject to examination by the City, the county, and the State Auditor, as appropriate, in accordance with the provisions of Minnesota Statute 16C.05, Subd. 5(2003). An annual audit will be conducted by the City to ensure compliance with the provisions of this agreement. The City will notify the Contractor at least one week in advance prior to conducting the audit.n 10 S VCTY CLEKIAGENDA ITEMS 1222031D2 MINUTES DOC h. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provision of services to be provided hereunder. Any violation shall constitute a material breach of this Agreement. This Agreement shall be controlled by the laws of the State of Minnesota. The Contractor shall ensure that all driver and truck licenses and permits shall be current and in full compliance with local, state and federal laws and regulations. Any processing facility used to handle material from the City of Maplewood must have current permits and licenses as required by the appropriate city, county, state and federal laws and ordinances. Contractor shall make available for inspection all such licenses and permits upon request by the City. Any amendments to this Agreement shall be valid only when reduced to writing, and duly signed by the parties. 6. Lawful Gambling Resolution. Annual Renewal Maplewood Athletic Association Adopted the following resolution renewing the Lawful Gambling License for the Maplewood Athletic Association. Their gambling is conducted at Gulden's Roadhouse, 2999 North Highway 61: RESOLUTION 03 -12 -231 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Maplewood Athletic Association to operate at Guldens Roadhouse, 2999 N. Highway 61, 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. Reimbursement For Police Department Training Approved the request from The Police Department that monies received as reimbursement for training be applied to the department's overtime budget. 8. Fire Department Change in Training Pay Adopted the new compensation for authorized in -house drills at $18 per drill effective January 1, 2004. Councilmember Juenemann moved to approve the consent agenda items as presented. Seconded by Councilmember Wasiluk Ayes -All 11 S VCTY CLEKIAGENDA ITEMS 1222031D2 MRSOTES DOC H. PUBLIC HEARINGS 1. 7:00 p.m. Carefree Cottages of Maplewood II Bond Refinancing a. City Manager Fursman presented the staff report. b. Assistant Community Development Director Ekstrand presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Cardinal closed the public hearing. Bruce Mogren, 1801 Gervais Avenue, Maplewood Councilmember Wasiluk moved to adopt the following resolution giving approval for up to $7.6 million in tax- exempt revenue financing for the Carefree Cottages of Maplewood III at 1801 Gervais Avenue: RESOLUTION 03 -12 -232 AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF MAPLEWOOD, MINNESOTA $7,580,000 MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (CAREFREE COTTAGES OF MAPLEWOOD III PROJECT), SERIES 2003, TO REFUND THE CITY OF MAPLEWOOD, MINNESOTA, MULTIFAMILY HOUSING REVENUE BONDS (CAREFREE COTTAGES OF MAPLEWOOD III PROJECT), SERIES 1995; APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF THE BONDS AND VARIOUS DOCUMENTS RELATING THERETO AND APPROVING THE ISSUANCE AND SALE OF THE BONDS WHEREAS, the City of Maplewood, Minnesota (the "Issuer "), is authorized by Chapter 462C, Minnesota Statutes, as amended (the "Act'), to issue revenue bonds for the purpose of financing or refinancing projects including any land, building or other improvement and real or personal property, whether or not in existence, to the end that more adequate residential housing facilities for low- and middle- income families and persons may be provided, to enter into financing agreements with others for the purpose of providing revenues to pay such bonds, and further to secure the payment of such bonds; and WHEREAS, pursuant to the terms of the Act, the Issuer issued its Multifamily Housing Revenue Bonds (Carefree Cottages of Maplewood III Project), Series 1995, in the principal amount of $7,900,000 (the "Prior Bonds ") to finance the acquisition, installation and construction of a 142 -unit multifamily housing facility located at 1791 to 1795 and 1801 to 1809 Gervais Avenue, Maplewood, Minnesota (the "Project'); and WHEREAS, Carefree Cottages of Maplewood Limited Partnership III, a Minnesota limited partnership (the `Borrower ") has requested the Issuer to issue multifamily housing revenue refunding bonds in the maximum aggregate principal amount of $7,580,000 in accordance with the provisions of the Act and to loan the proceeds thereof to the Borrower to refinance the costs of the Project and refund the outstanding principal amount of the Prior Bonds; and 12 S VCTY CLEKIAGENDA ITEMS 1222031D2 MRSOTES DOC WHEREAS, proposed forms of the following documents (the "Bond Documents ") have been submitted to the City Council of the Issuer (the "Council') and filed in the office of the City Clerk of the Issuer (the "City Clerk ") and are there available for public inspection: (a) a Financing Agreement dated as of December 1, 2003 (the "Financing Agreement'), among the Issuer, the Borrower and U.S. Bank National Association, a national banking association (the "Trustee "); (b) a Multifamily Note, to be dated as of December 1, 2003 (the "Note ") from the Borrower to the Issuer or its assigns; (c) a Trust Indenture, to be dated as of December 1, 2003 (the "Indenture ") between the Issuer and the Trustee; (d) an Assignment and Intercreditor Agreement to be dated as of December 1, 2003 (the "Assignment'), among the Issuer, the Trustee and Fannie Mae, a corporation organized and existing under the Federal Mortgage Association Charter Act ( "Fannie Mae ") and acknowledged by the Borrower; (e) a Bond Purchase Agreement (the "Bond Purchase Agreement') among the Issuer, Dougherty & Company LLC (the "Underwriter ") and the Borrower; (f) an Amendment to a Regulatory Agreement dated as of December 1, 2003 (the "Regulatory Agreement Amendment') among the Issuer, the Borrower and the Trustee; (g) a Consent and Subordination of Issuer to Assignment of Tax Increment Financing executed by the Issuer in favor of Fannie Mae; and (h) an Official Statement (the "Official Statement') pertaining to the Bonds as hereinafter defined; and WHEREAS, the Borrower has proposed that the refunding bonds be supported by a credit facility (the "Credit Facility ") provided by Fannie Mae; and WHEREAS, the Issuer desires to issue its Multifamily Housing Revenue Refunding Bonds (Carefree Cottages of Maplewood III Project), Series 2003, in the maximum aggregate principal amount of $7,580,000 (the "Bonds "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, THAT: Section 1. Approvals and Authorizations The forms of the Bond Documents are hereby approved. The Mayor and the City Clerk are hereby authorized and directed to execute the Bond Documents (except the Official Statement) and to affix the seal of the Issuer thereto and the Mayor and the City Clerk are further authorized and directed to execute and authenticate such other documents, instruments or certificates as are deemed necessary or desirable by bond counsel or the City Attorney in order to issue and secure the Bonds. Such documents are to be executed in substantially the form hereinabove approved, provided that such documents may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Resolution. Copies of all of the documents shall be delivered, recorded, and filed as provided therein. When executed, the right, title and interest of the Issuer in, to and under the Financing Agreement and the Note (except as therein provided) shall have been assigned to the Trustee pursuant to the Indenture and Fannie Mae pursuant to the Assignment. 13 S VCTY CLEKIAGENDA ITEMS 1222031D2 MINUTES DOC The use, distribution and circulation of the Official Statement by the Underwriter are hereby approved, ratified, confirmed and authorized, subject to such further amendments or additions thereto as may be required by the Bond Purchase Agreement, and the Underwriter is hereby authorized to use, distribute and circulate the Official Statement in connection with the marketing of the Bonds. Section 2. Issuance of Bonds The issuance of the Bonds is hereby authorized and the sale thereof pursuant to the Bond Purchase Agreement is hereby approved. The form of Bonds set forth in the Indenture is hereby approved; the Bonds shall be executed with the manual or facsimile signatures of the Mayor and the City Clerk on the face of the Bonds in substantially such form with appropriate insertions and variations, and the seal of the Issuer or a facsimile thereof is hereby adopted and authorized to be affixed or imprinted thereon; and the Mayor or the City Clerk are authorized and directed to deliver the Bonds to the Trustee for authentication under the Indenture and, when they have been authenticated, to deliver them or cause them to be delivered to the Underwriter pursuant to the Bond Purchase Agreement against receipt of the purchase price as specified therein, plus any accrued interest due, and to deposit the amount so received as provided in the Indenture. Section 3. Terms of Bonds The Bonds shall be in the maximum aggregate principal amount of $7,580,000, shall be dated as of December 1, 2003, or as otherwise provided in the Indenture, and shall be issued as fully registered bonds without coupons in denominations of $5,000 and integral multiples in excess thereof or as otherwise provided in the Indenture. The Bonds may be issued in book -entry -only form. The Bonds shall mature on December 15, 2033 and shall bear semiannual interest payable on the fifteenth (15th) day of the appropriate semiannual payment dates, as set forth in the Indenture, commencing as soon as practicable after their date of issuance, at a rate or rates which shall be set forth in the Indenture on the date of issuance. The Bonds may be made subject to purchase at the election of the owners thereof, to mandatory redemption prior to maturity and to redemption prior to maturity at the option of the Borrower in such manner as provided in the Indenture. The Underwriter shall establish the actual interest rate(s) of the Bonds, provided that such rates shall not exceed eight percent (8 %) per annum. The numbers and provisions for redemption of the Bonds, the provisions for tender of the Bonds by the registered owners thereof, the registration and exchangeability privileges, the medium and place of payment, and the priorities in revenues under the Indenture, shall be as set forth (a) in the form of the Bonds, which form is hereby approved and incorporated herein by reference as if set forth in full, and (b) in the form of the Indenture hereinbefore approved and so incorporated. Section 4. Determinations In accordance with the Act, it is hereby found, determined and declared that: (a) The refinancing of the costs of the Project will promote the public health, welfare, safety, convenience and prosperity by providing more adequate residential housing facilities for low- and middle- income families and persons; (b) The amount necessary in each year for the payment of maturing principal of and interest on the Bonds shall be determined in the manner and subject to the limitations set forth in the Indenture and the Financing Agreement, under which the maximum amount of interest which may be payable in any year is limited to eight percent (8 %) on the outstanding principal amount of the Bonds, and the maximum amount of principal which may become payable in any year by reason of maturity, redemption in advance of maturity, or otherwise is the original principal amount of the Bonds, provided that smaller amounts of principal may be payable in particular years by reason of redemptions in advance of maturity; (c) Except as may be required by Fannie Mae in connection with the Credit Facility, no reserve funds are required in connection with the retirement of the Bonds or the maintenance of the Project; and 14 S VCTY CLEKIAGENDA ITEMS 1222031D2 MINUTES DOC (d) The Financing Agreement provides and shall provide that the Borrower shall maintain or cause to be maintained the Project and carry or cause to be carried all proper insurance with respect thereto. Section 5. Authentication of Bonds The Trustee is hereby requested to authenticate the Bonds and to deliver them to, or upon the order of, the Mayor or the City Clerk. Section 6. Investment of Funds The Trustee shall be, by virtue of this Resolution and without further authorization from the Issuer, authorized, directed and requested to invest and reinvest all monies available therefore held by it pursuant to the Indenture which by the terms of the Indenture may be invested, or to deposit and redeposit such monies in such accounts as may be permitted by the Indenture, at the direction of the Borrower and subject to the terms and limitations contained in the Indenture. Section 7. Incidental Action The proper officers of the Issuer are hereby authorized and directed to prepare and furnish to bond counsel certified copies of all proceedings and records of the Issuer relating to the Bonds and to execute and deliver such other documents, and to take such other action as may be necessary or appropriate in order to effectuate the delivery of the Bond Documents, the performance of the Issuer's obligations thereunder, and the issuance and sale of the Bonds. The approval hereby given of the various documents referred to above includes the approval of such additional details and revisions therein as may be necessary or convenient to carry out the purposes of this Resolution, and as may be approved by bond counsel or this Resolution, and as may be approved by bond counsel or the City Attorney prior to the execution of the documents. The execution of any instrument by the appropriate officers of the Issuer herein authorized shall be conclusive evidence of the approval by the Issuer of such instrument in accordance with the terms hereof. Section 8. Nature of Obligation Under the provisions of the Act, and as provided in the Financing Agreement and the Indenture, the Bonds shall be special, limited obligations ofthe Issuer payable solely from, and secured by a pledge of, the revenues derived from the Trust Estate, as defined in the Indenture. The Issuer will not pledge any of its property or secure the payment of the Bonds with its property. The Bonds and the interest thereon shall never constitute the debt, indebtedness or financial obligation ofthe Issuer within the meaning of any provision or limitation of the Constitution or statutes of the State of Minnesota and shall neither constitute nor give rise to a pecuniary liability ofthe Issuer or a charge against its general credit or taxing powers. The Issuer will not pay out of its general fund or otherwise contribute any part ofthe cost ofthe Project or the refinancing thereof. Neither the members ofthe Council nor any officer, employee or agent ofthe Issuer shall incur any personal liability by reason ofthe issuance ofthe Bonds or the other actions contemplated by this Resolution. Section 9. Resolution Irrepealable After the Bonds are issued, this Resolution shall constitute a contract between the Issuer and the owners of the Bonds and shall remain in force until the Bonds, both principal and interest, shall be fully paid, canceled and discharged. Nothing herein shall prevent the amendment, in accordance with their terms or as may be permitted or required by law, of the documents authorized hereby. Section 10. Ratification All action heretofore taken by the Issuer and by the officers thereof inconsistent herewith directed toward the refinancing ofthe costs to the Project incurred to acquire, construct and install multifamily housing facilities, the refunding, in whole or in part, of the Prior Bonds and the issuance and sale of the Bonds is hereby ratified, approved and confirmed. Section 11. Severability If any paragraph, clause or provision of this Resolution except Section 8 hereof, such judgment shall not affect, impair or invalidate the remaining paragraphs, clauses or provisions hereof. 15 S VCTY CLEKIAGENDA ITEMS 1222031D2 MINUTES DOC Seconded by Councilmember Collins Ayes -All 2. 7:03 p.m. Proposed 2004 Budget and Tax Levy a. City Manager Fursman presented the staff report. b. Finance Director Faust presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Cardinal closed the public hearing. Mayor Cardinal moved to adopt the following resolutions to adopt the 2004 budget to lees property taxes Payable in2004. These resolutions include the additional $4970 tax levy that the City Council approved on September 4 and the expenditure revisions discussed on November 24, which are listed in the report: RESOLUTION 03 -12 -236 ADOPTING A BUDGET FOR 2004 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that a budget for 2004 is hereby adopted as outlined in the following summary: BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2004 Operating Budget: GENERAL FUND: DEPARTMENT $1,157,750 Community Development CAPITAL Executive 671,670 Finance IMPROVEMEN DEBT 326,240 OPERATING TS SERVICE 1,584,730 BUDGET BUDGET BUDGET Estimated Balances 01 -01 -04 $31,554,643 $2,324,563 $2,590,593 Revenues 25,246,820 1,172,470 3,152,440 Net other increases (decreases) (1,330,500) 1,144,060 344,940 Expenditures (25,750,390) (2,347,120) (3,455,620) Estimated Balances 12 -31 -04 $29,720,573 $2,293,973 $2,632,353 BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2004 Operating Budget: GENERAL FUND: DEPARTMENT $1,157,750 Community Development 2,049,500 Executive 671,670 Finance 1,814,670 Fire 326,240 Human Resource 125,590 Legislative 1,584,730 Parks and Recreation 16 S VCTY CLEKIAGENDA ITEMS 1222031D2 MINUTES DOC 6,702,810 Police 2,246,930 Public Works CHARITABLE GAMBLING TAX FUND: COMMUNITY CENTER FUND: ENHANCED 911 SERVICE FUND: ENVIRONMENTAL UTILITY: FLEET MANAGEMENT: INFORMATION TECHNOLOGY POLICE SERVICES FUND: RECREATION PROGRAM FUND: RECYCLING FUND: REDEVELOPMENT SANITARY SEWER FUND: $16,679,890 GENERAL FUND TOTAL $68,740 General Government 2,101,530 Parks & Recreation 24,720 Police 925,590 Public Works 612,810 Public Works 470,660 General Government 300 Police 769,930 Parks and Recreation 375,420 Community Development 200,640 Community Development 3,520,160 Public Works $25,750,390 TOTAL OPERATING BUDGET APPROPRIATIONS BE IT FURTHER RESOLVED that the expenses for the Community Center Operations Fund may exceed the appropriation provided that the net operating income before other revenues and expenses excluding depreciation for 2004 is not less than $30,410. BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2004 Capital Improvements Budget: CAPITAL IMPROVEMENT PROJECTS $104,520 FIRE TRUCK REPLACEMENT 372,980 OPEN SPACE 620 PARK DEVELOPMENT 454,070 PUBLIC IMPROVEMENT PROJECTS 1,370 PUBLIC WORKS BUILDING ADDITION 1,250,000 STREET CONSTRUCTION STATE AID 30 TAX INCREMENT ECONOMIC DEV. DISTRICT 170 #1 -5 TAX INCREMENT HOUSING DISTRICT #1 -1 180 TAX INCREMENT HOUSING DISTRICT #1 -2 190 TAX INCREMENT HOUSING DISTRICT #1 -3 170 TAX INCREMENT HOUSING DISTRICT #14 37,030 TAX INCREMENT HOUSING DISTRICT #1 -5 33,350 TAX INCREMENT HOUSING DISTRICT #1 -6 92,300 WATER AVAILABILITY CHARGE - NO. ST. 90 17 S VCTY CLEKIAGENDA ITEMS 1222031D2 MRSOTES DOC PAUL WATER AVAILABILITY CHARGE - ST. PAUL TOTAL CAPITAL IMPROVEMENTS BUDGET APPROPRIATIONS 50 $2,347,120 BE IT FURTHER RESOLVED that the Finance Director shall establish a budget for each public improvement project when the Council orders the project and that the budget amounts shall be recorded at amounts specified in the feasibility study for the project. BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2004 Debt Service Budget: $2,285,000 Principal 1,117,610 Interest 4,040 Paying Agent Fees 42,440 Interest- Interfund loans 6,530 Investment Management $3,455,620 TOTAL DEBT SERVICE BUDGET BE IT FURTHER RESOLVED that the above budgets for Governmental Funds are hereby adopted for financial reporting and management control. BE IT FURTHER RESOLVED that the above budgets for all other funds are hereby adopted for management purposes only. BE IT FURTHER RESOLVED that the transfer of appropriations among the various accounts, within a fund, shall only require the approval of the City Manager or his designee. However, City Council approval is required for transfers from contingency accounts. BE IT FURTHER RESOLVED that all appropriations which are not encumbered or expended at the end of the fiscal year shall lapse and shall become part of the unencumbered fund balance which may be appropriated for the next fiscal year except appropriations for capital improvement projects which shall not lapse until the project is completed or canceled by the City Council. BE IT FURTHER RESOLVED that $166,800 of the fund balance in the General Fund is designated for contingencies. RESOLUTION 03 -12 -237 CERTIFYING TAXES PAYABLE IN 2004 BE IT RESOL VED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that. 18 S VCTY CLEKIAGENDA ITEMS 1222031D2 MINUTES DOC 1. The following amounts of taxes be levied for 2003, payable in 2004, upon the net tax capacity in said City of Maplewood, for the following purposes: Operations $10,332,320 Debt Service 1,861,710 TOTAL LEVY $12,194,030 2. In addition, there is a $637,490 market value based referendum levy for 2003 payable in 2004 to finance the debt service on the 2002 Open Space Refunding Bonds and the 2000 Fire Safety Bonds. 3. The net tax capacity based levy of $1,861,710 for Debt Service and the market value based referendum levy of $637,490 total $2,499,200. This is a net decrease of $807,000.47 in the scheduled levy of $3,306,200.47. The breakdown by Debt Service Fund is attached as Exhibit A. Seconded by Councilmember Collins Ayes -Mayor Cardinal, Councilmembers Collins, Juenemann and Wasiluk Nays - Councilmember Koppen 3. 7:15 p.m. Home Occupation License -1900 Sterling Street North a. City Manager Fursman presented the staff report. b. Assistant Community Development Director Ekstrand presented specifics from the report. C. Ms. Frances Snavely, the applicant was present for questions. d. Commissioner Pearson presented the Planning Commission report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approve the Home Occupation License for Frances Snavelv at 1900 Sterling Street North. Seconded by CouncilmemberJuenemann Ayes -All 4. 7:30 p.m. Code Amendment - Historical Commission a. City Manager Fursman presented the staff report. b. Assistant Community Development Director Ekstrand presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The City Council 12 -08 -03 19 following person was heard: Robert Overby, 2021 Edgerton, Maplewood d. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to approve the ordinance amendment proposed by the Maplewood Historical Commission: Seconded by Councilmember Koppen Ayes -All 5. 7:45 p.m. Heritage Square (Kennard Street and Legacy Parkway) a. City Manager Fursman presented the staff report. b. Assistant Community Development Director Ekstrand presented specifics from the report. C. Phil Carlson with DSU, provided specifics of the staff report. d. Boardmember Olson presented the Community Design Review Board report. e. Commissioner Pearson presented the Planning Commission report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Gerald Peterson, 3016 Hazelwood Street, Maplewood George Supan, 3090 Hazelwood Street, Maplewood Krista Flemming, Town and Country Homes Chris Wylie, Southwinds Builders, 658 4 Avenue, New Brighton Will Rossbach, 1386 East County Road C, Maplewood g. Mayor Cardinal closed the public hearing. A five- minute break was taken. Councilmember Wasiluk moved to adopt the following resolution approving the Planned Unit Development for Heritage Square, Outlot H of Legacy Village PUD as illustrated on the drawing prepared by Landform, date - stamped October 15, 2003, except as revised in the conditions with a 50 -foot setback requirement: Seconded by Mayor Cardinal Ayes -Mayor Cardinal and Councilmember Wasiluk Nays - Councilmembers Collins, Koppen and Juenemann Motion Failed Councilmember Koppen moved to adopt the following resolution approving the Planned Unit Development for Heritage Square, Outlot H of LeRacy Village PUD as illustrated on the drawing prepared by Landform, date - stamped October 15, 2003, except as revised in the conditions with a 20 -foot setback requirement: City Council 12 -08 -03 20 CONDITIONAL USE PERMIT RESOLUTION 03 -12 -233 WHEREAS, Town & Country Homes applied for a conditional use permit for a planned unit development revision to develop Heritage Square, a 220 -unit town house development in the Legacy Village planned unit development. WHEREAS, this permit applies to the property located on the west side of Kennard Street, now under construction, south of the Neel power line easement. The legal description is: Lot 3, Block 1, LEGACY VILLAGE OF MAPLEWOOD WHEREAS, the history of this conditional use permit is as follows: 1. On October 20, 2003 the planning commission recommended that the city council approve this permit. 2. The city council held a public hearing on December 8, 2003. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above - described conditional use permit because: 1. 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 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, 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. City Council 12 -08 -03 21 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. 9. The use would cause minimal adverse environmental effects. Approval is subject to these code requirements: 1. Outlot H is approved for 220 units of townhouses as revised according to the conditions in this report. 2. The southern unit of the Hometown (Type A) building, at the southwest corner of Legacy Parkway and Kennard Street, shall be eliminated, reducing it from 5 units to 4 units, thus continuing the internal linear green space out to Kennard Street at a width of at least 70 feet. The landscape treatment of this green space shall be continued into this new area in similar fashion to the rest of the linear green space. Within the linear green space two north -south segments of sidewalk shall be added, one connecting Driveways K and U, the other connecting Driveways G and W. The rain gardens and landscaping shall be revised to accommodate these sidewalks. 4. The dead ends of all driveways behind the Chateau (Type B) buildings — Street B and Drives G, I, K, M, O, Q, U, V, and W — shall be designed, striped and signed to accommodate two common parking spaces each. 5. The monument signs and associated landscaping at the corner of Legacy Parkway and Kennard Street shall be revised to place trees or other landscape features that are at least 25 feet in height and close to the right -of -way, while still maintaining safe sight distances, that will create a significant tall edge mimicking the scale of the proposed senior building and future office building on the opposite corners of the intersection. 6. The setbacks are approved as shown on the site plan. 7. All construction shall follow the plans date - stamped October 15, 2003. The city council may approve major changes. The director of community development may approve minor changes. 8. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this permit for one year. 9. The city council shall review this permit in one year. 10. The homeowners association documents shall state that the visitor parking areas shall be kept open for visitor parking and shall not be used as a storage area for RVs, trailers, campers, boats and the like. 11. At least 50 total units shall be offered at a base price at or below the affordable level as City Council 12 -08 -03 22 defined by the Metropolitan Council, which is currently $183,000. The affordability requirements shall have an annual escalator. 12. Homebuyers of affordable units, at their sole discretion, may utilize options to increase the value of their home, however, the developer shall display these affordable units according to the affordable level as defined by the Metropolitan Council. 13. The developer /builder shall provide to the City a listing of standard features of the units so that it can be assured that quality standards are being met for the affordable housing. 14. The developer shall also provide to the City the actual sale prices of the units. 15. The developer shall provide a tot lot within their projector shall contribute to the creation and development of an area -wide playground to the north to be constructed by the master developer of Legacy Village. Seconded by Councilmember Collins Ayes -- Councilmembers Collins, Koppen and Juenemann Nays -Mayor Cardinal and Councilmember Wasiluk Councilmember Koppen moved to adopt the Preliminary Plat for Heritage Square as illustrated on the drawings submitted by Landform, dated September 12, 2003, except as revised in accordance with the following conditions: 1) The plat shall be revised in terms of the dimensions and numbering of lots if necessary to reflect the recommended revisions to the number and location of buildings in the above conditions for the PUD. 2) Legacy Parkway west of Kennard Street is shown as a public roadway. The following conditions must be met if Legacy Parkway is constructed as a public roadway: a. The City should be responsible for the design and construction of the roadway. b. The developer will need to petition the City for the improvements. c. The roadway needs to be redesigned to a more typical City street design or the developer needs to be responsible for the ongoing maintenance of all of the amenities and rainwater gardens included in the design. The City will grant an easement to the developer for the maintenance of the amenities and rainwater gardens. The developer will be required to prepare a maintenance agreement detailing the specifics of the maintenance operations for City review and approval. 3) The plan shows on- street parking along the west side of Kennard Street. The following conditions must be met if the on- street parking is to remain on Kennard Street: a. An additional 8 feet of right -of -way shall be dedicated by the developer along the west side of Kennard Street to accommodate the parking bays and allow for the necessary sidewalk and boulevard areas. b. The developer shall be responsible for the costs (construction and 31.5% admin & engineering) to add the parking bays along Kennard Street. These costs are estimated to be approximately $70,000. City Council 12 -08 -03 23 4) The plans show grading outside of the property boundary along the north, west and south sides of the site. All grading shall be restricted to within the property boundaries or temporary construction easements need to be obtained from the adjacent property owners. The developer must provide evidence of any temporary construction easements. 5) The developer must prepare an operation and maintenance plan for the proposed storm drainage system for the review and approval of the City. An active operation and maintenance program is critical to the proper function and operation of the system. 6) In the future, the City may desire to extend sanitary sewer and watermain services into Outlot I from the sanitary sewer and watermain utilities in the driveways north of Legacy Parkway. The services may be for future park and /or open space uses on Outlot L The developer and the homeowners association must agree in writing that they will not object to the future installation of these utility services. 7) The plat includes Outlot A for the storm water pond. The pond must be included in a public drainage and utility easement rather than an outlot. The developer must also dedicate a public drainage and utility easement for the pond outlet. 8) The plat shall include 20 -foot wide utility easements along all watermain outside of public right - of -way per SPRWS requirements. 9) The developer shall be required to grant the City a right of entry /temporary construction easement, as necessary, for public roadway construction outside of the limits of the public right - of -way. Seconded by Councilmember Collins Ayes-- Councilmembers Collins, Koppen and Juenemann Nays -Mayor Cardinal and Councilmember Wasiluk Councilmember Koppen moved to adopt approval of the site, architectural and landscaping plans date - stamped October 15. 2003, for the Heritage Square Townhomes at Legacy Village, subject to the developer complying with the following conditions: 1) Repeat this review in two years if the city has not issued a building permit for this project. 2) Comply with all requirements of the city engineer and his consultants relative to streets, sidewalks, grading, drainage, utilities and erosion control before getting a building permit. The applicant shall also provide any documents, easements and developers agreement that may be required by the city engineer. This approval shall be subject to the conditions outlined in the report from Jon Horn, of Kimley -Horn, dated October 13, 2003. This approval shall also be subject to the following requirements relative to the on- street parking along the west side of Kennard Street: • The city will build on- street parking along the Town & Country frontage on Kennard. The on- street parking bays will be constructed of concrete. The Heritage Square plan shows 21 spaces; however, the length of the spaces needs to be increased from 20 feet to 25 feet, resulting in a reduction in the number of spaces from 21 to 17. This would include 5 spaces north of Legacy parkway, 9 spaces between Legacy Parkway and City Council 12 -08 -03 24 Street B, and 3 spaces south of Street B. • Kennard Street will be widened by 8 feet in the area of the parking bays. We had previously requested that Town & Country dedicate 10 feet of additional right -of -way for the on- street parking. Our request for additional right -of -way can be reduced to 8 feet. • Our typical section for the roadway will include that the parking areas will slope back to Kennard at a 4 percent grade, the 8 foot boulevard between the curb and sidewalk will slope to the street at a 5 percent grade and the 6 foot sidewalk will slope to the street at a 2 percent grade. The design considers Town & Country's concerns with the grades between the street and their buildings in this area. Any carriage walks between the sidewalk and parking bays will not be constructed as a part of the city contract. Town & Country will need to determine where they want carriage walks. Town & Country would need to construct any carriage walks as a part of the private development work. The city's landscaping plan for Kennard Street will need to consider the location of any carriage walks. Carriage walks and landscaping shall be subject to city engineer approval. 3) Get the necessary approvals and permits from the watershed district. 4) The setbacks are approved as shown on the site plan. 5) Revise the site and landscaping plans as follows for staff approval: a. The southern unit of the Hometown (Type A) building, at the southwest corner of Kennard Street and Legacy Parkway, shall be eliminated reducing it from 5 to 4 units, thus continuing the internal linear green space out to Kennard Street at a width of at least 70 feet. The landscape treatment of this green space shall be continued into this new area in similar fashion to the rest of the linear green space. b. Within the linear green space, two north -south segments of sidewalk shall be added, one connecting Driveways K and U, and the other connecting Driveways G and W. The rain gardens and landscaping shall be revised to accommodate these sidewalks. c. The dead ends of all driveways behind the Chateau (Type B) buildings— Street B and drives G, I, K, M, O, Q, U, V and W —shall be designed, striped and signed to accommodate two common parking spaces each. d. The monument signs and associated landscaping at the corner of Legacy Parkway and Kennard Street shall be revised to place trees or other landscape features that are at least 25 f feet in height and close to the right -of -way, while still maintaining safe sight distances that will create a significant tall edge mimicking the scale of the proposed senior building and future office building on the opposite corners of the intersection. e. The developer shall provide a tot lot within their projector shall contribute to the creation and development of an area -wide playground to the north to be constructed by the master developer of Legacy Village. f The applicant shall return to the CDRB with a material board showing building materials and colors proposed for this development on December 9, 2003. City Council 12 -08 -03 25 6) Complete the following: a. Install and maintain an in- ground lawn irrigation system for all landscaped areas. b. Install all required trails, sidewalks and carriage walks. C. All curbing shall be continuous concrete curbing as proposed. d. Install any traffic signage within the site that may be required by staff. 7) The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for the exterior landscaping and site improvements prior to getting a building permit for the development. Staff shall determine the dollar amount of the escrow as well as the portion of the project to be covered by the escrow. The escrow may cover the entire site or the site in phases of development. 8) All work shall follow the approved plans. The director of community development may approve minor changes. 9) This development shall be signed with clear address signs for direction to the buildings and individual unit signage on the front and back, subject to approval by the police and fire departments of the city. 10) A temporary sales office shall be allowed until the time a model unit is available for use. Such a temporary building shall be subject to the requirements of the building official as outlined in his report. 11) The applicant shall submit a lighting plan for staff approval prior to getting the first building permit. I. J. K. Seconded by Councilmember Collins AWARD OF BIDS 1. Afton Heights Playground Equipment a. City Manager Fursman presented the report. Ayes -- Councilmembers Collins, Koppen and Juenemann Nays -Mayor Cardinal and Councilmember Wasiluk b. Parks and Recreation Director Anderson provided specifics of the report. Mayor Cardinal moved to award the bid to Earl F. Anderson in the amount of $50.375.20 based on the U.S. Communities contract for Custom Play Structures. Seconded by Councilmember Wasiluk Ayes -All UNFINISHED BUSINESS None NEW BUSINESS City Council 12 -08 -03 26 1. Launderville Towing a. City Manager Fursman presented the staff report. b. Assistant Community Development Director Ekstrand presented specifics from the report. Councilmember Juenemann moved to table this item for three months when the owners of Launderville Towing would be available to attend. Seconded by Councilmember Wasiluk Ayes -All 2. Agreement with St. Paul Regional Water Services Board of Commissioners and City of Maplewood - Approve Resolution Adopting Amendment No. 2 Establishing Policies and Formulae for Water Utility Aid a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Wasiluk moved to adopt the following resolution approving Amendment No. to the Water Services Agreement with the St. Paul Regional Water Services Board of Commissioners and the City of Maplewood and authorized the Mayor and City manager to execute the agreements: RESOLUTION 03 -12 -234 APPROVING AMENDMENT NO. 2 TO AGREEMENT WITH ST. PAUL REGIONAL WATER SERVICES WHEREAS, the City Council entered into an Agreement with the Board of Commissioners for the St. Paul Regional Water Services dated October 30, 1996, whereby the Board obtained ownership of Maplewood.s water system and Maplewood obtained representation on the Board, and WHEREAS, beginning in 2003, Maplewood properties shall be charged water rates equal to that of similar properties in the City of St. Paul, and WHEREAS, subsequent to said agreement, the Board and Maplewood executed an Amendment No. 1 to Agreement dated June 9, 1997, whereby the Board shall perform billing and collection of service and recycling charges and whereby Maplewood shall be allowed to store equipment in the dry columns of elevated tanks acquired by the Board from Maplewood, and WHEREAS, Maplewood has requested that the Board contribute Water Utility Aid towards qualifying water main projects within the City of Maplewood, as the Board has historically done for similarly qualifying projects within the City of St. Paul, and WHEREAS, in keeping with its policy of equal treatment towards all customers within the City Council 12 -08 -03 27 water service system owned by the Board, the Board desired to authorize and contribute said Water Utility Aid, in accordance with the same policies and formulae applied to similar projects within the City of St. Paul, and WHEREAS, the staff of the Board and staff of Maplewood have negotiated and prepared an Amendment No. 2 to Agreement which sets forth the terms and conditions for the Board.s contribution of Water Utility Aid, and WHEREAS, on November 18, 2003 the Board approved adoption of a resolution approving Amendment No. 2 to Agreement subject to approval by Maplewood. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That Amendment No. 2 to Agreement substantially in the form submitted is hereby approved and hereby authorizes the Mayor and City Manager to execute Amendment No. 2 on behalf of the City Council. Seconded by CouncilmemberJuenemann Ayes -All 3. Ambulance Rates for 2004 a. City Manager Fursman presented the staff report. b. Finance Director Faust presented specifics from the report. Councilmember Koppen moved to adopt the following resolution approving 2004 Ambulance Rates: RESOLUTION 03 -12 -235 ADOPTING 2004 AMBULANCE RATES WHEREAS, the City of Maplewood is authorized to impose reasonable charges for emergency and paramedic ambulance services by Minnesota Statutes 471.476 and by special laws (Chapter 426, Laws of 1975, and Chapter 743, Laws of 1978); and WHEREAS, the paramedic ambulance services are partly financed by property taxes; and WHEREAS, it is fair and reasonable to charge non - residents a higher rate than residents for services rendered; and WHEREAS, it is fair and reasonable to charge for services rendered based upon the distance a person is transported and by type of services provided; i.e., basic or advanced life support services as defined by Medicare. NOW, THEREFORE, BE IT RESOLVED, that the following charges shall be effective January 1, 2004: City Council 12 -08 -03 28 Residents Non - Residents Base rates: Non - transport (treatment $ 270.00 $ 290.00 administered) City Council 12 -08 -03 28 Basic life support $ 710.00 $ 740.00 ambulance services Advanced life support $ 975.00 $1,020.00 ambulance services 1 Advanced life support $1,100.00 $1,155.00 ambulance services 2 Rate per mile transported $ 12.46 $ 12.46 BE IT FURTHER RESOLVED, that there shall be no charge when the patient has not been administered treatment and is not transported, when the patient is transported to the detoxification center, or when the patient is transported in a squad car. BE IT FURTHER RESOLVED, that if more than one person is transported, the ambulance charges will be pro -rated between the people transported. Seconded by Councilmember Juenemann 4. Recycling Rates for 2004 Ayes -Mayor Cardinal, Councilmembers Juenemann, and Koppen Nays - Councilmember Collins and Wasiluk a. City Manager Fursman presented the staff report. b. Finance Director Faust presented specifics from the report. Councilmember Juenemann moved to approve the recvcling service rates be increased by $.75 per quarter effective January 1, 2004 to provide the revenues anticipated in the 2004 Budget. Seconded by Councilmember Wasiluk Ayes -All 5. Sanitary Sewer Rates for 2004 a. City Manager Fursman presented the staff report. b. Finance Director Faust presented specifics from the report. Councilmember Collins moved to approve the sanitary sewer rates by 4.8% effective January 1 2004 to provide the revenues anticipated in the 2004 Budget. Seconded by CouncilmemberKoppen Ayes -All 6. Representation on the 800MHz Group a. City Manager Fursman presented the staff report and provided specifics Councilmember Wasiluk moved to adopt a resolution at the December 22, 2003 Citv Council Meeting to approve Mr. Ken Collins continuing to represent Maplewood and North St. Paul on the Policv and Planning Committee for the 800MHz Committee. Seconded by CouncilmemberJuenemann Ayes -Mayor Cardinal, Councilmembers Koppen, Wasiluk and Juenemann Abstain - Councilmember Collins City Council 12 -08 -03 29 L. VISITOR PRESENTATIONS 1. Will Rossbach discussed questions he had regarding representation on the 800MHz Committee. M. COUNCIL PRESENTATIONS 1. Councilmember Wasiluk expressed hope that staff would assist the Historical Commission with funding needs. N. ADMINISTRATIVE PRESENTATIONS Reminder: The December 22 City Council Meeting will begin at 6:00 p.m. A public reception will be held at 5:00 p.m. on the 22 for Councilmembers Wasiluk and Collins who have council terms ending on December 31, 2003. O. ADJOURNMENT Councilmember Wasiluk moved to adjourn the meeting at 10:10 P.M. Seconded by CouncilmemberKoppen Ayes - All City Council 12 -08 -03 30 AGENDA NO. Its I►I 1l 1 : a U1 UI 1"T City Council fIT'.Z"d Finance Director 13 0; APPROVAL OF CLAIMS FIN Y" DF December 22, 2003 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $ 1,615.55 Checks # 62579 thru # 62581 dated 12/01/03 thru 12/04/03 $ 341,587.12 Checks # 62582 thru # 62628 dated 12/09/03 $ 2,326,637.84 Disbursements via debits to checking account dated 11/26/03 thru 12/04/03 $ 3,735.00 Checks # 62629 dated 12/12/03 $ 157,574.29 Checks # 62630 thru # 62666 dated 12/16/03 $ 245,862.64 Disbursements via debits to checking account dated 12/04/03 thru 12/11/03 $ 3,077,012.44 Total Accounts Payable PAYROLL $ 411,811.20 Payroll Check and Direct Deposits dated 12/05/03 $ 5,137.26 Payroll Deduction check # 95862 thru # 95866 dated 12/05/03 $ 416,948.46 Total Payroll $ 3,493,960.90 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651- 249 -2902 if you have any question on the attached listing. This will allow me to check the supporting documentation on file if necessary. ds attachments ciMy Documents \Excel \Miscellaneous\AprClmsl2 - 05,12 -03 1 vchlist Check Register Page: 1 12105/2003 10:0O:58AM City of Maplewood Check Date Vendor 62584 62579 12/1/2003 01674 USPCA 62580 12/3/2003 02952 AMONETT, NANCY 62581 12/4/2003 01044 MN FIRE SERVICE CERT BD 62582 12/9/2003 00049 ADT SECURITY SERVICES 62583 12/9/2003 02106 62584 1219/1003 02953 62585 12/9/2003 00111 62586 12/9/2003 00163 62587 12/9/2003 00198 62588 12/9/2003 00275 62589 12/9/2003 00384 ADVANCED BUSINESS SYSTEMS, INC AMERID INC ANIMAL CONTROL SERVICES INC SAUER BUILT BOARD OF WATER COMMISSIONERS CAVETT, CHRIS DE LAGE LANDEN FINANCIAL SRVS 62590 12/9/2003 00358 DGM INC. 62591 12/912003 00463 62592 12/912003 00519 62593 12/9/2003 00529 62594 12/9/2003 02134 62595 12/9/2003 02957 62596 12/9/2003 02954 62597 12/9/2003 00718 EMERGENCY APPARATUS MAINT FLEXIBLE PIPE TOOL CO. FORTIS BENEFITS INSURANCE CO GERNES,CAROLE GRAZZINI BROTHERS & COMPANY HARTWELL, ERIC INDEPENDENT SCHOOL DIST #622 62596 12/9/2003 00771 JOHNSON, RICK 62599 12/9/2003 02877 LA METTRY'S COLLISION 62600 12/9/2003 00839 LAMETTI & SONS INC 62601 12/9/2003 02955 LEVY SR, JOHN H 62602 12/9/2003 02391 MARUSKA, MARK 62603 12/9/2003 00986 METROPOLITAN COUNCIL 62604 12/912003 02946 MN CONSERVATION CORP 62605 12/9/2003 01028 MN STATE TREASURER STAX 62606 12/9/2003 01114 MULVANEY, DENNIS 62607 12/9/2003 01173 NORTH METRO AUTOMOTIVE 62608 12/9/2003 01202 NYSTROM PUBLISHING CO INC 62609 12/9/2003 02893 OLSON, MARY 62610 12/9/2003 00001 ONE TIME VENDOR 62611 1219/2003 00001 ONE TIME VENDOR 62612 1219/2003 00001 ONE TIME VENDOR Description /Account MEMBERSHIP DUES - 2 REFUND MN REV RECAPTURE FUNDS FIRE FIGHTER TESTS - 7 SECURITY SYS -4 FIRE STATIONS ADDL DOOR WITH PROX READER SECURITY SYS -4 FIRE STATIONS SECURITY SYS -4 FIRE STATIONS SECURITY SYS -4 FIRE STATIONS PRINTER SERVICE PRINTER REPAIRS PATROL & BOARDING FEE CREDIT-TIRE CREDIT - TIRE TIRES WATER UTIL 10113 - 10/22 REIMB FOR MILEAGE & PRKG 4/21 - 11/ COPIER LEASE COPIER LEASE TOW FORFEITURE TOW FORFEITURE TOW SQUAD CREDIT- FORFEITURE TOW TOW FORFEITURE TOW FORFEITURE TOW FORFEITURE TOW FORFEITURE TOW FORFEITURE TOW FORFEITURE TOW POLICE VEHICLE TOW FORFEITURE REPAIR ENGINE 2 FLEXICROME RODS WITH COUPLING STD PLAN 4043120 -0 -1 DEC REIMB FOR MILEAGE 8/21 - 11120 REPAIR MCC TILE ASTRONOMY WORKSHOP INSTRUCT VOLLEYBALL BLDG SUPERVISION VOLLEYBALL BLDG SUPERVISION VOLLEYBALL BLDG SUPERVISION DEER REMOVAL REPAIR SQUAD 952 PROJ 03 -25 CURED IN PLACE PIPE REF GRADING ESC -758 NEW CENTUR REIMB FOR SAFETY BOOTS MONTHLY SAC - NOV ADD TRAIL TIMBERS, REPAIR & PLANT MONTHLY SURTAX - NOV REIMBURSE FOR SAFETY BOOTS INSTALL BATTERY MCC NEWSLETTER - WINTER REVIEW, EVALUATE AND DEVELOP EX JOSH LYNAUGH - POLICE RESERVE DIANE TAYLOR - POLICE RESERVE TONY GABRIEL - POLICE RESERVE Amount 80.00 1,185.55 350.00 7,882.00 1,392.00 7,096.00 6,985.00 6,985.00 75.00 177.50 1,174.51 -45.20 -45.20 3,256.77 17.64 64.13 326.54 511.20 79.88 79.88 53.25 -25.00 110.20 79.88 79.88 79.88 95.85 79.88 53.25 122.48 463.87 1,925.52 1,335.10 145.96 3,741.00 170.00 71.25 67.50 191.25 100.00 8,156.26 128,011.00 1,065.62 136.95 13,884.75 5,600.00 1,172.54 152.15 144.86 1,719.98 2,430.00 216.25 201.25 50.00 vchlist Check Register Page: 2 12/05/2003 10:00:58AM City of Maplewood Check Date Vendor Description /Account Amount 62613 12/9/2003 00001 ONE TIME VENDOR REF JODI ABBOTT - INITIAL FEE 43.00 62614 12/912003 00001 ONE TIME VENDOR REF KIDS SAFARI - GROUP 29.00 62615 12/912003 01337 RAMSEY COUNTY -PROP REC & REV DATA PROCESSING - OCT 3,550.00 62616 1219/2003 01387 ROSSINI, DR. JAMES FITNESS PROGRAM - NOV 100.00 62617 1219/2003 02500 ROWEKAMP ASSOCIATES INC "CRIME VIEW" GIS MAPPING SOFTWAR 6,435.00 62618 12/9/2003 02949 ST JOHN'S HOSPITAL INV INFORMATION FEE 26.99 62619 121912003 02956 STEFFEN, TODD REF GRADING ESC - 1855 SUMMER AVE 1,507.26 62620 12/9/2003 01550 SUMMIT INSPECTIONS ELECTRICAL INSPECTIONS 4,554.40 62621 12/9/2003 01572 SYSTEMS SUPPLY, INC. INK CARTRIDGES 351.23 62622 12/9/2003 01574 T.A. SCHIFSKY & SONS, INC PROJ 02 -10 KENNARD /FROST THRU 12 101,787.39 62623 12/912003 01574 T.A. SCHIFSKY & SONS, INC ASPHALT 935.43 62624 1219/2003 01692 U S POSTAL SERVICE RENEW PERMIT #4903 150.00 62625 12/9/2003 02069 ULTIMATE DRAIN SERVICES INC CLEAN MAIN LINE 180.00 62626 1219/2003 01722 VISIONARY SYSTEMS, LTD. 5 USER FULL SYS ENTERPRISE EDITIO 4,547.00 62627 12/9/2003 01798 YOCUM OIL CO. UNLEADED MID -GRADE (89 OCTANE) G 7,934.93 62628 12/9/2003 01805 ZIEGLER INC. CONVEYOR RENTAL 1,560.23 50 Checks in this report Total checks: 343,202.67 __._ —._ - CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Pavee Description Amount 11/26/03 12/01/03 MN Dept of Natural Resources 12/01/03 12/02/03 MN State Treasurer 12/02/03 12/02/03 DCRP /Flex account 12/01/03 12/02/03 U.S. Bank 12/02/03 12/03/03 MN State Treasurer 12/03/03 12/03/03 JP Morgan Chase 12/03/03 12/04/03 MN State Treasurer 11/28/03 12/04/03 Elan Financial Services* 12/03/03 12/04/03 Pitney Bowes TOTAL DNR electronic licenses 776.00 Drivers License /Deputy Registrar 16,076.25 DCRP & Flex plan payments 1,152.06 Debt service 137,036.25 Drivers License /Deputy Registrar 23,675.95 Investment purchase 2,097,422.70 Drivers License /Deputy Registrar 16,445.78 Purchasing card items 31,067.85 Postage 2,985.00 2,326,637.84 c: \My Documents \Excel \Miscellaneous\AprClms12 - 05,12 -03 4 Transaction Review For Transactions posted between I1/I7 /2003 to 1 1/23/2003 Post Date Vendor Name 11/21/2003 11/17/2003 11/20/2003 11/17/2003 11/21/2003 11/18/2003 11/18 /2003 11/18 /2003 11/18 /2003 11/20/2003 11/18/2003 11/18/2003 11/17 /2003 11/17 /2003 11/19/2003 11/17 /2003 11/18 /2003 11/19 /2003 11/20/2003 11/17 /2003 11/17 /2003 11/17 /2003 11/17 /2003 11/17 /2003 11/18 /2003 11/17 /2003 11/17 /2003 11/19 /2003 11/19 /2003 11/20/2003 11/17 /2003 11/17 /2003 11/20/2003 11/20/2003 11/21/2003 11/17 /2003 11/17 /2003 11/18 /2003 11/19/2003 11/17 /2003 11/19 /2003 11/17 /2003 11/17 /2003 11/18 /2003 11/18 /2003 11/18 /2003 UNIFORMS UNLIMITED INC UNIFORMS UNLIMITED INC RAGAN COMMUNICATIONS INC AMMO -SAFE, INC. TARGET 00011858 STREICHER'S POLICE EQP FREDPRYOR/CAREERTRACK FREDPRYOR/CAREERTRACK FREDPRYOR/CAREERTRACK STREICHER'S POLICE EQP STREICHER'S POLICE EQP STREICHER'S POLICE EQP AMERICAN PLANNING ASSOC ORIENTAL TRADING CO T J T- SHIRTS SENSIBLE LAND USE COAL USPS 2663650015 S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS WALGREEN 00016873 TEE'S PLUS KOHL'S #0052 NEXTEL WIRELESS SVCS XPEDX GOPHER BEARING COMPANY IN LESCO INC LESCO INC LESCO INC LESCO INC CUB FOODS, INC. BACHMANS MAPLEWD 004 PORTABLE COMPUTER SYSTEMS OFFICE MAX 00002204 WALGREEN 00016873 CUB FOODS, INC. U OF M CCE ON LINE THE HOME DEPOT 2801 TARGET 00011858 KOHL'S #0052 XPEDX S & T OFFICE PRODUCTS THE HOME DEPOT 2801 MENARDS MAPLEWOOD THE HOME DEPOT 2801 MENARDS MAPLEWOOD MENARDS MAPLEWOOD 11 24 200 Settlement Amt Cardholder Name 5.00 TIMOTHY FLOR 327.40 MARK ALDRIDGE 121.34 BRUCE K ANDERSON 184.56 SCOTT ANDREWS 131.51 SCOTT ANDREWS 863.50 JOHN BANICK 59.00 JOHN BANICK 59.00 JOHN BANICK 99.00 JOHN BANICK -58.52 JOHN BANICK 60.55 BRIAN L BIERDEMAN 21.25 BRIAN L BIERDEMAN 46.00 MELINDA COLEMAN 87.50 LINDA CROSSON 265.00 LINDA CROSSON 30.00 ROBERTA DARST 74.00 ROBERTA DARST 95.70 ROBERTA DARST 3.20 ROBERTA DARST 33.19 RICHARD DOBLAR 97.84 RICHARD DOBLAR 4.80 ALICE DUNN 80.86 TOM EASTMAN 353.10 TOMEASTMAN 160.29 TOM EASTMAN 362.10 DAVE EDSON 362.10 DAVE EDSON 362.10 DAVE EDSON 362.10 DAVE EDSON 17.07 THOMAS G EKSTRAND 42.54 SHANN FINWALL 39.00 MYCHAL FOWLDS 13.84 MYCHAL FOWLDS 2.11 CAROLE GERNES 10.68 CAROLE GERNES 130.00 CLARENCE GERVAIS 32.01 MIKE GRAF 76.05 MIKE GRAF 49.99 KEVIN RHALWEG 94.03 LORI HANSEN 214.12 LORI HANSON 29.68 MICHAEL HEMQUIST 95.34 MICHAEL HEMQUIST 26.59 MICHAEL HEMQUIST 8.50 MICHAEL HEMQUIST 42.59 MICHAEL HEMQUIST c: \My Documents \Excel \Miscellaneous\AprClms12 - 05,12 -03 5 11/17 /2003 KINKO'S #0617 205.01 HEIDI HERSOM 11/17 /2003 KINKO'S #0617 151.23 HEIDI HERSOM 11/20/2003 FACTORY CARD OUTLET #284 12.11 HEIDI HERSOM 11/21/2003 SPARTAN PROMOTIONAL GRP 1,033.38 HEIDI HERSOM 11/20/2003 PSW FRONTIER PRO SHOP 208.13 RON HORWATH 11/18 /2003 AT &TARBOR/ESB 1,013.60 STEVE HURLEY 11/19 /2003 CABLING SERVICES CORPORAT 514.77 STEVE HURLEY 11/21/2003 GOLDCOM INC 1,373.85 STEVE HURLEY 11/17 /2003 HEJNY RENTALS INC 60.05 DON JONES 11/17 /2003 DALCO Of OF Of 163.25 MICHAEL LIDBERG 11/17 /2003 FRATTALLONE'S ACE HDWE 14.02 MICHAEL LIDBERG 11/18 /2003 MENARDS OAKDALE 291.70 DENNIS LINDORFF 11/19/2003 HIRSHFIELD'S MAPLEWOOD 48.50 DENNIS LINDORFF 11/17/2003 OVERHEAD DOOR OF NORTH 200.25 STEVE LUKIN 11/17/2003 EAT INC 941.34 STEVE LUKIN 11/17 /2003 RED WING SHOES 139.40 STEVE LUKIN 11/18 /2003 EMBEDDED SYSTEMS, INC. 340.00 STEVE LUKIN 11/21/2003 ADVANCED GRAPHIX INC 134.88 STEVE LUKIN 11/19/2003 KATH AUTO PARTS 109.99 GORDON MALLORY 11/17 /2003 ON SITE SANITATION, IN 341.06 MARK MARUSKA 11/20/2003 WEBER & TRO SETH INC 55.00 MARK MARUSKA 11/21/2003 NARDINI FIRE EQUIPMENT CO 8.05 JON A MELANDER 11/18 /2003 DAVIS WATER EQUIPMENT CO 1,618.80 ED NADEAU 11/17/2003 SPRINTPCS AUTOPYMT RCI 82.67 BRYAN NAGEL 11/18 /2003 S & T OFFICE PRODUCTS 38.34 JEAN NELSON 11/18 /2003 S & T OFFICE PRODUCTS 54.69 JEAN NELSON 11/21/2003 S & T OFFICE PRODUCTS 7.97 JEAN NELSON 11/20/2003 KINKO'S #0617 40.77 AMY NIVEN 11/20/2003 APCO INTERNATIONAL 80.00 MARSHA PACOLT 11/17 /2003 HENRIKSEN ACE HARDWARE 2.69 KURT PARSONS 11/17 /2003 CENTURY BOOKSTORE 88.80 ROBERT PETERSON 11/17 /2003 METRO SALES INC 357.09 WILLIAM J PRIEFER 11/17/2003 BAUER BULT TRE33200023 351.45 STEVEN PRIEM 11/17/2003 TRI STATE BOBCAT 4.11 STEVEN PRIEM 11/17/2003 FACTORY MOTOR PARTS 75.01 STEVEN PRIEM 11/17/2003 KATH AUTO PARTS 14.05 STEVEN PRIEM 11/18 /2003 KATH AUTO PARTS 73.25 STEVEN PRIEM 11/19/2003 EAT INC 22.37 STEVEN PRIEM 11/19/2003 SUNRAY BTB 4.27 STEVEN PRIEM 11/19 /2003 PIRTEK- MIDWAY 244.69 STEVEN PRIEM 11/19/2003 ELLIOTT AUTO SUPPLY 8.49 STEVEN PRIEM 11/19/2003 KATH AUTO PARTS 27.67 STEVEN PRIEM 11/19/2003 KATH AUTO PARTS 49.60 STEVEN PRIEM 11/21/2003 KREMER SPRING AND ALIGNME 87.50 STEVEN PRIEM 11/21/2003 AT &T WIRELESS SERVICES 147.00 KEVIN RABBETT 11/17 /2003 TARGET 00006940 120.38 AUDRA ROBBINS 11/21/2003 MICHAELS #9401 50.98 AUDRA ROBBINS 11/20/2003 MENARDS OAKDALE 24.30 JAMES SCHINDELDECKER 11/19 /2003 HENRIKSEN ACE HARDWARE 12.17 SCOTT SCHULTZ 11/21/2003 AAA ALL CITY VACUUM 10.65 GERALD SEEGER 11/21/2003 MENARDS OAKDALE 11.49 GERALD SEEGER c: \My Documents \Excel \Miscellaneous\AprClms12 - 05,12 -03 6 11/17 /2003 11/17 /2003 11/18 /2003 11/19 /2003 11/20/2003 11/21/2003 11/19/2003 11/19 /2003 11/17 /2003 11/19 /2003 11/20/2003 THE UPS STORE #2171 METRO SALES INC MED TECH RESOURCE INC ASPEN MILLS, INC EGAN COMPANIES O1 OF O1 DICK BLICK800 447 1892 QWESTCOMM TN651 THE HOME DEPOT 2801 VIKING ELECTRIC ST PAUL VIKING OFFICE PRODUCTS ROS RELIABLE OFFICE SU 7.19 SCOTT STEFFEN 813.00 JOANNE M SVENDSEN 216.92 AUSTIN SVENDSEN 314.95 AUSTIN SVENDSEN 948.00 LYLE SWANSON 16.29 LYLE SWANSON 4.11 JUDY TETZLAFF 21.74 TODD TEVLIN 94.97 SUSAN ZWIEG 60.98 SUSAN ZWIEG 59.32 SUSAN ZWIEG lim 'I c: \My Documents \Excel \Miscellaneous\AprClms12 - 05,12 -03 7 Transaction Review For Transactions posted between 11/24/2003 to 11/30/2003 Post Date Vendor Name 11/24/2003 11/28/2003 11/25/2003 11/28/2003 11/28/2003 11/24/2003 11/28/2003 11/28/2003 11/24/2003 11/25/2003 11/28/2003 11/24/2003 11/28/2003 11/28/2003 11/28/2003 11/25/2003 11/25/2003 11/24/2003 11/28/2003 11/25/2003 11/24/2003 11/24/2003 11/26/2003 11/26/2003 11/24/2003 11/24/2003 11/26/2003 11/24/2003 11/24/2003 11/28/2003 11/24/2003 11/28/2003 11/26/2003 11/24/2003 11/24/2003 11/24/2003 11/24/2003 11/24/2003 11/24/2003 11/26/2003 11/26/2003 11/26/2003 11/28/2003 11/28/2003 11/24/2003 11/28/2003 UNIFORMS UNLIMITED INC UNIFORMS UNLIMITED INC ADT SECURITY SERVICES AIRGAS NORTH CENTRAL 302 SHRED IT MENARDS OAKDALE AUTOZONE #3082 LMC LAERDAL MEDICAL S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS ARCH WIRELESS G & K SERVICES 006 G & K SERVICES 006 COMPUSA #197 S & T OFFICE PRODUCTS THE HOME DEPOT 2801 PULSTAR DISTRIBUTING INC S & T OFFICE PRODUCTS KINKO'S #0617 EPSON STORE KINKO'S #0617 JOANN ETC # 1970 AMERWESTAIR 4012153955926 CERTIFIED LABORATORIES COMO PARK ANIML HSP BRD STREICHER'S POLICE EQP RAINBOW FOODS 1 -886 ADT SECURITY SERVICES UNIFORMS UNLIMITED INC NORTHERN BATTERY HENRIKSEN ACE HARDWARE ADT SECURITY SERVICES AMERWESTAIR 4012 153 95 603 9 BAUER BULT TRE33200023 CC SHARROW CO INC GENERATOR SPECIALTY CO KREMER SPRING AND ALIGNME TOUSLEY FORD 127200039 SUNRAY BTB SUNRAY BTB AMERICAN FASTENER TOUSLEY FORD 127200039 PIONEER PRESS ADVERTISIN LILLIE SUBURBAN NEWSP Settlement Amt Cardholder Name 161.45 SCOTT ANDREWS 95.26 LONN A BAKKE 220.99 JOHN BANICK 795.30 JOHN BANICK 153.18 JOHN BANICK 75.08 RON BOURQUIN 14.87 RON BOURQUIN 162.42 LINDA CROSSON 2.30 ROBERTA DARST 8.09 ROBERTA DARST -2.30 ROBERTA DARST 18.03 TOM EASTMAN 51.06 TOM EASTMAN 870.80 DAVID FISHER 394.26 DAVID FISHER 3 8.3 2 MYCHAL FOWLDS 52.46 PATRICIA FRY 5.85 MIKE GRAF 23.37 KEVIN HALWEG 42.32 LORI HANSON 59.64 HEIDI HERSOM 173.67 HEIDI HERSOM 61.34 HEIDI HERSOM 26.64 HEIDI HERSOM 214.00 STEVE HURLEY 162.18 MICHAEL KANE 165.50 HEATHER KOS 37.22 DAVID KVAM 50.00 STEVE LUKIN 753.75 STEVE LUKIN l 1.18 JULIE S OLSON 159.75 MARSHA PACOLT 1.91 KURT PARSONS 502.50 PHILIP F POWELL 214.00 WILLIAM J PRIEFER 310.69 STEVEN PRIEM 120.35 STEVEN PRIEM 177.95 STEVEN PRIEM 340.48 STEVEN PRIEM 58.18 STEVEN PRIEM 5.33 STEVEN PRIEM 62.61 STEVEN PRIEM 22.10 STEVEN PRIEM 424.55 STEVEN PRIEM 457.75 TERRIE RAMEAUX 300.00 TERRIE RAMEAUX Fl - 27 - 57 - 20 - 0 - 1 c: \My Documents \Excel \Miscellaneous\AprClmsl2 - 05,12 -03 8 11/24/2003 11/24/2003 11/24/2003 11/26/2003 11/28/2003 11/24/2003 11/24/2003 11/28/2003 11/24/2003 11/25/2003 11/24/2003 11/26/2003 11/26/2003 11/28/2003 11/26/2003 11/28/2003 11/24/2003 11/25/2003 11/28/2003 11/24/2003 11/24/2003 11/24/2003 11/28/2003 THE HOME DEPOT 2801 ORIENTAL TRADING CO ARAMARK REF SVS #6013 - NEXTEL WIRELESS SVCS U OF M CCE ON LINE TARGET 00006940 OFFICE MAX 00005272 JARMAN SHOE STORE 4 CRAWFORD DOOR SALES COMPA TOPPERS INC DALCO OIOFOI HIRSHFIELD'S MAPLEWOOD TWIN CITY FILTER SERV. ACCURATE ELECTRIC COMPANY QWESTCOMM TN612 SHRED IT QWESTCOMM TN651 QWESTCOMM TN651 WAL MART NAL LETTERING NAL LETTERING PIONEER PRESS SUBSCRIPTI MILLS FLEET FARM #27 24.25 MICHAEL REILLY 60.97 AUDRA ROBBINS 332.00 RUSSELL L SCHMIDT 513.96 ANDREA SINDT 595.00 ANDREA SINDT 8.63 PAULINE STAPLES 19.99 PAULINE STAPLES 109.99 RONALD SVENDSEN 96.00 AUSTIN SVENDSEN 213.11 AUSTIN SVENDSEN 513.98 LYLE SWANSON 116.22 LYLE SWANSON 206.08 LYLE SWANSON 351.00 LYLE SWANSON 57.51 JUDY TETZLAFF 16.65 JUDY TETZLAFF 341.82 HOLLY URBANSKI 60.18 HOLLY URBANSKI 21.99 JOSEPH WATERS 13.00 SUSAN ZWIEG 98.95 SUSAN ZWIEG 8.30 SUSAN ZWIEG 25.99 SUSAN ZWIEG rrrK rssx c: \My Documents \Excel \Miscellaneous\AprClms12 - 05,12 -03 9 vchlist Check Register Page: 1 12/1512003 10:29:34AM City of Maplewood Check Date Vendor Description /Account Amount 62629 12/12/2003 02294 KEUPPERS, VICKI VOICE TREK CONCERT 3,735.00 62630 12/16/2003 02911 ABATIX CORP - PHOENIX AP02000 W/INTEGRATED RADIATION D 16.906.00 62631 12/16/2003 00064 ALDRIDGE, MARK TUITION /BOOK REIMBURSEMENT 651.67 62632 12/16/2003 02473 ANZALDI, MANDI DANCE COSTUMES - FALL 1,500.00 62633 12/16/2003 00173 BELDEN, TIM TUNE PIANO 90.00 62634 12/16/2003 00178 BERGGREN, GORDON NAME SIGN 20.00 62635 12/16/2003 00240 C.S.C. CREDIT SERVICES APPLICANT BACKGROUND CHECK 130.00 62636 12/16/2003 00463 EMERGENCY APPARATUS MAINT REPAIR RESCUE 2 750.87 REPAIR ENGINE 2 436.05 REPAIR RESCUE 3 591.40 REPAIR ENGINE 7 91.80 REPAIR TANKER 4 WAS VEHICLE PARTS 223.74 62637 12/16/2003 00543 GE CAPITAL COPIER LEASE 293.94 62638 12/16/2003 02960 GOFF HOMES PROJ 99-09 RELEASE DEV ESCROW 938.20 62639 12/1612003 02958 GOODOPOINTE TECHNOLOGY SOFTWARE LICENSE 4,041.20 SOFTWARE LICENSE 6,367.00 62640 12/16/2003 01894 KELLY & FAWCETT PA PROSECUTION SRVS - NOV 9,825.00 LEGAL SERVICES - NOV 16,810.32 62641 12/16/2003 00827 L M C I T WORK COMP AUDIT 7/02 - 7/03 6,160.00 62642 12/16/2003 00891 MAMA MAMA HOLIDAY LUNCHEON 90.00 62643 12/16/2003 00906 M P E L R A MPELRA/LMC CONF 90.00 62644 12/16/2003 00915 M W O A MEMBERSHIP RENEWAL 25.00 62645 12/16/2003 01051 MN OCCUPATIONAL HEALTH PRE - EMPLOYMENT PHYSICALS 318.00 62646 12/16/2003 01088 MN POLLUTION CONTROL AGENCY WASTEWATER CONF - 3 810.00 CERT FEE SD WASTEWATER LIC 23.00 62647 12/16/2003 01145 NATL LAW ENFORCEMENT CONF 2004 NAIL EXPLORERS CONFERENCE 900.00 62648 12/16/2003 01149 NATURAL RESOURCES RESTOR INC BUCKTHORN REMOVAL AT JOY PARK 6,500.00 62649 12/16/2003 01202 NYSTROM PUBLISHING CO INC NEWSLETTER - NOV /DEC 3,791.00 PARKS & REC BROCHURE - WINTER 8,601.00 62650 12/16/2003 00001 ONE TIME VENDOR REF RITA RENSLOW - AEROBIC PKG 187.50 62651 12/16/2003 00001 ONE TIME VENDOR REF RICHARD MARTINSON - PROJ 00 -0 100.07 62652 12/16/2003 00001 ONE TIME VENDOR REF SARA KOPPE - MEMBERSHIP 55.00 62653 12/16/2003 00001 ONE TIME VENDOR REF CATHY DOBIHAL - MCC PROGRAM 25.00 62654 12/16/2003 00001 ONE TIME VENDOR REF JACKIE HALL- MCC PROGRAM 8.00 62655 12/16/2003 01295 PREMIER BANK SAFE DEPOSIT BOX 00427 75.00 SAFE DEPOSIT BOX - 00524 75.00 SAFE DEPOSIT BOX 00543 75.00 SAFE DEPOSIT BOX 00549 75.00 62656 12/16/2003 01331 RABBETT, KEVIN REIMB FOR PIZZA - VOLUNTEER EVENT 47.05 62657 1211612003 01463 SISTER ROSALIND GEFRE MASSAGES 1,474.00 62658 12/1612003 01537 STREAMLINE DESIGN INC. SHIRTS 144.00 SHIRTS 93.00 62659 12/16/2003 01578 T.R.F. SUPPLY CO. GLOVES 395.52 62660 12116/2003 02164 TOLTZ, KING, DUVALL, ANDERSON PROJ 01 -16 CONSTRUCTION ENGINEER 8,868.66 PROJ 01 -16 DESIGN WORK 10,365.35 PROF ENGINEERING 01 -29 298.92 62661 12/16/2003 01734 WALSH, WILLIAM P. PLUMBING INSPECTIONS 618.51 62662 12116/2003 01828 WEAVER, KRIS A REIMB FOR MILEAGE & PRKG 1214 13.57 62663 12/1612003 01754 WEBER & TROSETH INC. FIRE EXT CERT /INSP 616.65 FIRE EXT CERT /INSP 156.00 62664 12116/2003 02410 WELLS FARGO LEASING INC COPIER LEASE - DEC 2003 1,420.71 62665 12/16/2003 01876 WHAT WORKS INC MANAGEMENT RETREAT 2,200.00 62666 12/16/2003 01190 XCEL ENERGY MONTHLY UTIL - STMT DATE 12/03 42,622.94 vchlist Check Register Page: 12/15/2003 10:29:34AM City of Maplewood Check Date Vendor Description /Account Amount 38 Checks In this report Total checks : 161,309.29 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Pavee 12/04/03 12/05/03 12/04/03 12/05/03 12/05/03 12/05/03 12/05/03 12/08/03 12/05/03 12/09/03 12/10/03 12/10/03 12/05/03 12/05/03 12/05/03 12/05/03 12/08/03 12/08/03 12/08/03 12/09/03 12/09/03 12/10/03 12/11/03 12/11/03 MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources Orchard Trust MN State Treasurer U.S. Treasurer P.E.R.A. MN State Treasurer MN State Treasurer MN State Treasurer MN State Treasurer ARC Administration TOTAL Description Drivers License /Deputy Registrar Deferred Compensation DNR electronic licenses Deferred Compensation Drivers License /Deputy Registrar Federal Payroll Tax P.E.R.A. Drivers License /Deputy Registrar State Payroll Tax Drivers License /Deputy Registrar Drivers License /Deputy Registrar DCRP & Flex plan payments Amount 12,099.73 7,317.07 712.50 20,151.00 9,307.99 81,983.04 48,491.61 20,751.74 16,928.46 15,101.18 12,745.03 273.29 245,862.64 c: \My Documents \Excel \Miscellaneous\AprClms12 - 05,12 -03 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 12/05/03 COLLINS, KENNETH 357.47 dd 12/05/03 JUENEMANN, KATHLEEN 357.47 dd 12/05/03 KOPPEN, MARVIN 357.47 dd 12/05/03 COLEMAN, MELINDA 3,857.46 dd 12/05/03 DARST, ROBERTA 1,386.79 dd 12/05/03 FURSMAN, RICHARD 4,638.25 dd 12/05/03 SCHLINGMAN, PAUL 2,02622 dd 12/05/03 SEEGER, GERALD 488.63 dd 12/05/03 SWANSON, LYLE 1,822.65 dd 12/05/03 EDSON, KAREN 100.00 dd 12/05/03 LE, SHERYL 3,717.64 dd 12/05/03 RAMEAUX, THERESE 2,133.34 dd 12/05/03 FAUST, DANIEL 3,870.90 dd 12/05/03 SCHMIDT, DEBORAH 1,309.45 dd 12/05/03 ANDERSON, CAROLE 1,079.89 dd 12/05/03 BAUMAN, GAYLE 2,869.17 dd 12/05/03 JACKSON, MARY 1,715.86 dd 12/05/03 KELSEY, CONNIE 864.27 dd 12/05/03 TETZLAFF, JUDY 1,683.05 dd 12/05/03 FRY, PATRICIA 1,592.65 dd 12/05/03 GUILFOILE, KAREN 2,671.16 dd 12105/03 OSTER, ANDREA 1,663.75 dd 12/05/03 CARLE, JEANETTE 1,573.94 dd 12/05/03 JAGOE, CAROL 1,564.64 dd 12/05/03 JOHNSON, BONNIE 807.70 dd 12/05/03 OLSON, SANDRA 1,198.32 dd 12/05/03 WEAVER, KRISTINE 1,651.03 dd 12/05/03 BANICK, JOHN 3,201.24 dd 12/05/03 CORCORAN, THERESA 1,585.85 dd 12/05/03 POWELL, PHILIP 1,993.26 dd 12/05/03 SPANGLER, EDNA 341.00 dd 12/05/03 THOMALLA, DAVID 3,706.35 dd 12/05/03 ABEL, CLINT 2,195.49 dd 12/05/03 ALDRIDGE, MARK 2,524.53 dd 12/05/03 ANDREWS, SCOTT 3,250.59 dd 12/05/03 BAKKE, LONN 2,647.90 dd 12/05/03 BELDE, STANLEY 2,884.80 dd 12/05/03 BIERDEMAN, BRIAN 1,908.13 dd 12/05/03 BOHL, JOHN 2,502.70 dd 12/05/03 BUSACK, DANIEL 2,217.36 dd 12/05/03 COFFEY,KEVIN 2,101.80 dd 12/05/03 CROTTY, KERRY 2,291.41 dd 12/05/03 DOBLAR, RICHARD 3,891.91 dd 12/05/03 HALWEG, KEVIN 4,795.63 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 14 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 12/05/03 HEINZ, STEPHEN 2,301.63 dd 12/05/03 HIEBERT, STEVEN 2,878.27 dd 12/05/03 JOHNSON, KEVIN 3,501.82 dd 12/05/03 KARIS, FLINT 2,594.47 dd 12/05/03 KONG, TOMMY 2,539.29 dd 12/05/03 KROLL, BRETT 2,295.32 dd 12/05/03 KVAM, DAVID 2,832.91 dd 12/05/03 LARSON, DANIEL 2,834.23 dd 12/05/03 LU, JOHNNIE 1,908.07 dd 12/05/03 MARINO, JASON 2,135.25 dd 12/05/03 MARTIN, JERROLD 2,414.85 dd 12/05/03 METRY, ALESIA 1,923.67 dd 12/05/03 PALMA, STEVEN 2,405.19 dd 12/05/03 RABBETT, KEVIN 2,945.80 dd 12/05/03 STEFFEN, SCOTT 3,060.12 dd 12/05/03 SZCZEPANSKI, THOMAS 2,506.37 dd 12/05/03 THIENES, PAUL 2,384.48 dd 12/05/03 TRAN, JOSEPH 2,179.95 dd 12/05/03 WENZEL, JAY 2,427.38 dd 12/05/03 XIONG, KAO 2,252.13 dd 12/05/03 BARTZ, PAUL 2,676.00 dd 12/05/03 BERGERON, JOSEPH 2,850.17 dd 12/05/03 DUGAS, MICHAEL 2,132.01 dd 12/05/03 DUNN, ALICE 2,581.99 dd 12/05/03 ERICKSON, VIRGINIA 2,384.48 dd 12/05/03 EVERSON, PAUL 2,080.75 dd 12/05/03 FLOR, TIMOTHY 2,823.38 dd 12/05/03 FRASER, JOHN 2,425.91 dd 12105/03 HALWEG, JODI 2,149.53 dd 12/05/03 KATZMAN, BARBARA 2,281.68 dd 12/05/03 L'ALLIER, DANIEL 157.50 dd 12/05/03 LANGNER, SCOTT 1,597.37 dd 12/05/03 OLSON, JULIE 2,337.50 dd 12/05/03 PARSONS, KURT 2,111.38 dd 12/05/03 PIKE, GARY 2,477.39 dd 12/05/03 ROSSMAN, DAVID 2,727.60 dd 12/05/03 DAWSON, RICHARD 1,738.85 dd 12/05/03 DUELLMAN, KIRK 1,738.85 dd 12/05/03 JOHNSON, DOUGLAS 1,738.85 dd 12/05/03 NOVAK, JEROME 1,738.85 dd 12/05/03 PETERSON, ROBERT 1,815.85 dd 12/05/03 SVENDSEN, RONALD 1,815.85 dd 12/05/03 GERVAIS -JR, CLARENCE 2,429.15 dd 12/05/03 BOYER, SCOTT 2,757.62 dd 12/05/03 FEHR, JOSEPH 2,184.78 dd 12/05/03 FLAUGHER, JAYME 2,484.60 14 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 15 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 12/05/03 JACKSON, LINDA 2,289.17 dd 12/05/03 LAFFERTY, WALTER 386,41 dd 12/05/03 LINN, BRYAN 2,480.56 dd 12/05/03 PACOLT, MARSHA 1,999.85 dd 12/05/03 RABINE, JANET 2,420.41 dd 12/05/03 STAHNKE, JULIE 2,420.41 dd 12/05/03 LUKIN, STEVEN 3,255.62 dd 12/05/03 SVENDSEN, RUSTIN 2,599.72 dd 12/05/03 ZW1EG, SUSAN 1,782.77 dd 12/05/03 DOLLERSCHELL, ROBERT 268.49 dd 12/05/03 AHL, R. CHARLES 4,071.70 dd 12/05/03 NIVEN, AMY 1,077.49 dd 12/05/03 PRIEFER, WILLIAM 2,391.25 dd 12/05/03 WEGWERTH, JUDITH 1,666.06 dd 12/05/03 BRINK, TROY 1,887.17 dd 12/05/03 DEBILZAN, THOMAS 2,111.91 dd 12/05/03 EDGE, DOUGLAS 1,958.55 dd 12/05/03 KANE, MICHAEL 2,643.39 dd 12/05/03 LUTZ, DAVID 1,738.86 dd 12/05/03 MEYER, GERALD 2,026.18 dd 12/05/03 NAGEL, BRYAN 1,950.53 dd 12/05/03 OSWALD,ERICK 2,146.12 dd 12/05/03 TEVLIN, TODD 1,745.09 dd 12/05/03 CAVETT, CHRISTOPHER 2,967.22 dd 12/05/03 DUCHARME, JOHN 2,167.05 dd 12/05/03 JACOBSON, SCOTT 910.00 dd 12/05/03 LINDBLOM, RANDAL 2,209.16 dd 12/05/03 MURRA, AARON 249.69 dd 12/05/03 PECK, DENNIS 2,218.68 dd 12/05/03 PRIEBE, WILLIAM 2,214.06 dd 12/05/03 SCHACHT, ERIN 2,005.45 dd 12/05/03 TATE, FRANK 1,551.85 dd 12/05/03 VERMEERSCH, CHARLES 1,912.65 dd 12/05/03 ANDERSON, BRUCE 3,829.44 dd 12/05/03 CAREY, HEIDI 1,842.25 dd 12/05/03 DOHERTY, KATHLEEN 1,666.06 dd 12/05/03 MARUSKA, MARK 2,439.86 dd 12/05/03 NAUGHTON, JOHN 1,570.63 dd 12/05/03 SCHINDELDECKER, JAMES 1,734.25 dd 12/05/03 BIESANZ, OAKLEY 1,193.86 dd 12/05/03 HAYMAN, JANET 1,120.60 dd 12/05/03 HUTCHINSON, ANN 2,031.17 dd 12/05/03 KOS, HEATHER 208.00 dd 12/05/03 NELSON, JEAN 915.20 dd 12/05/03 GAYNOR, VIRGINIA 1,827.05 dd 12/05/03 EKSTRAND, THOMAS 2,558.52 15 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 16 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 12/05/03 KROLL, LISA 1,065.48 dd 12/05103 LIVINGSTON, JOYCE 1,072.65 dd 12/05/03 SINDT, ANDREA 1,439.85 dd 12/05/03 THOMPSON, DEBRA 428.06 dd 12/05/03 YOUNG, TAMELA 1,339.85 dd 12/05/03 FINWALL, SHANN 1,968.65 dd 12/05/03 ROBERTS, KENNETH 2,357.89 dd 12/05/03 CARVER, NICHOLAS 2,346.15 dd 12/05/03 FISHER, DAVID 2,794.18 dd 12/05/03 RICE, MICHAEL 1,415.05 dd 12/05/03 SWAN, DAVID 1,757.45 dd 12/05/03 KONEWKO, DUWAYNE 2,254.26 dd 12/05/03 ANZALDI, MANDY 1,274.00 dd 12/05/03 BJORK, ALICIA 76.13 dd 12/05/03 BJORK, BRANDON 245.43 dd 12/05/03 FINN, GREGORY 1,862.74 dd 12/05/03 GRAF, MICHAEL 1,678.82 dd 12/05/03 HADDAD, JULIE 153.00 dd 12/05/03 KELLY, LISA 1,245.79 dd 12/05/03 ROBBINS, AUDRA 1,731.22 dd 12/05/03 TAUBMAN, DOUGLAS 2,562.64 dd 12/05/03 BREHEIM, ROGER 1,738.86 dd 12/05/03 NORDQUIST, RICHARD 1,734.25 dd 12/05/03 SCHULTZ, SCOTT 1,903.85 dd 12/05/03 CROSSON, LINDA 2,162.18 dd 12/05/03 EASTMAN, THOMAS 2,345.93 dd 12/05/03 LEIER, SARA 88 - dd 12/05/03 PELOQUIN, PENNYE 562.96 dd 12/05/03 RIDLEHOOVER, KATE 166.90 dd 12/05/03 SCHMIDT, RUSSELL 1,643.88 dd 12/05/03 STAPLES, PAULINE 2,641.74 dd 12/05/03 ABRAHAMSON, DANIEL 65.50 dd 12/05/03 ABRAHAMSON, REBECCA 323.61 dd 12/05/03 BADEN, ALISON 100.86 dd 12/05/03 BENDTSEN, LISA 40.50 dd 12/05/03 BRENEMAN, NEIL 197.69 dd 12/05/03 CORNER, AMY 43.20 dd 12/05/03 EDSON, JAMIE 148.50 dd 12/05/03 ERICKSON, CAROL 45.00 dd 12/05/03 FONTAINE, ANTHONY 554.10 dd 12/05/03 GREDVIG, ANDERS 106.00 dd 12/05/03 HALEY, BROOKE 4875 dd 12/05/03 HORWATH, RONALD 1,648.82 dd 12/05/03 IRISH, GRACE 107.75 dd 12/05/03 IRISH, KARL 166.13 dd 12/05/03 JONES, LACEY 28.13 16 CITY OF MAPLE WOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 17 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 12/05/03 KOEHNEN, AMY 64.05 dd 12/05103 KOEHNEN, MARY 584.72 dd 12/05/03 KRONHOLM, KATHRYN 415.12 dd 12/05/03 LAWSON, JOSHUA 71.25 dd 12/05/03 LINDSTROM, AMANDA 20.55 dd 12/05/03 MARUSKA, ERICA 154.33 dd 12/05/03 OVERBY, ANNA 37.30 dd 12/05/03 SCHULTZ, PETER 17.13 dd 12/05/03 SHAW, KRISTINA 91.16 dd 12/05/03 SIMONSON, JUSTIN 410.30 dd 12/05/03 TUPY, HEIDE 121.55 dd 12/05/03 TUPY, MARCUS 311.60 dd 12/05/03 GROPPOLI, LINDA 303.88 dd 12/05/03 KURKOSKI, STEPHANIE 21.00 dd 12/05/03 RENSLOW, RITA 260.00 dd 12/05/03 SHERRILL, CAITLIN 306.63 dd 12/05/03 BEHAN, JAMES 1,534.25 dd 12/05/03 CRAWFORD - IF, RAYMOND 232.43 dd 12/05/03 LONETTI, JAMES 941.98 dd 12/05/03 MILES, LAURA 145.33 dd 12/05/03 PATTERSON, ALBERT 948.36 dd 12/05/03 PRINS, KELLY 889.07 dd 12/05/03 REILLY, MICHAEL 1,462.25 dd 12/05/03 STEINHORST, JEFFREY 330.93 dd 12/05/03 AICHELE, CRAIG 1,743.85 dd 12/05/03 PRIEM, STEVEN 1,950.25 dd 12/05/03 BERGO, CHAD 1,933.93 dd 12/05/03 FOWLDS, MYCHAL 1,711.45 dd 12/05/03 HURLEY, STEPHEN 2,794.18 Wf 95759 12/05/03 CARDINAL, ROBERT 406.20 Wf 95760 12/05/03 WASILUK, JULIE 357.47 wf 95761 12/05/03 INGVOLDSTAD, CURTIS 112.50 Wf 95762 12/05/03 KARSTENS, BRAD 62.50 wf 95763 12/05/03 JAHN, DAVID 1,542.29 Wf 95764 12/05/03 MALDONADO, JUANA 681.38 Wf 95765 12/05/03 MORIN, TROY 204.00 Wf 95766 12/05/03 MATHEYS, ALANA 1,793.85 Wf 95767 12/05/03 ERHARDT, DANIELLE 522.50 Wf 95768 12/05/03 HANSEN, LORI 1,585.18 wf 95769 12/05/03 VIETOR, LORRAINE 1,571.57 Wf 95770 12/05/03 PALANK, MARY 1,648.61 Wf 95771 12/05/03 RICHIE, CAROLE 1,541.26 Wf 95772 12/05/03 SVENDSEN, JOANNE 1,901.07 wf 95773 12/05/03 SHORTREED, MICHAEL 3,511.93 Wf 95774 12/05103 STEINER, JOSEPH 396.00 Wf 95775 12/05/03 WELCHLIN, CABOT 2,555.75 17 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD m CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 95776 12/05/03 ENGSTRAN, STEVEN 34.00 wf 95777 12105103 FREBERG, RONALD 1,768.46 wf 95778 12/05/03 JONES, DONALD 1,921.72 wf 95779 12/05/03 EDSON, DAVID 1,971.68 wf 95780 12/05/03 HELEY, ROLAND 1,899.77 wf 95781 12/05/03 HINNENKAMP, GARY 1,841.58 wf 95782 12/05/03 LINDORFF, DENNIS 1,736.56 wf 95783 12/05/03 NOVAK, MICHAEL 1,621.45 wf 95784 12/05/03 GERNES, CAROLE 388.13 wf 95785 12/05/03 SOUTTER, CHRISTINE 128.25 wf 95786 12/05/03 ANZALDI, KALI 176.25 wf 95787 12/05/03 BAKER, BRITTANY 71.50 wf 95788 12/05/03 WORK, THEODORE 65.00 wf 95789 12/05/03 BOTHWELL, SHEILA 181.50 wf 95790 12/05/03 GEBHARD, MADELINE 216.75 wf 95791 12/05/03 GOODRICH, CHAD 34.00 wf 95792 12/05/03 HAWKINS, COURTNEY 176.00 wf 95793 12/05/03 HOBBS, KENDRA 104.50 wf 95794 12/05/03 NIELSEN, ABBY 96.00 wf 95795 12/05/03 O'GRADY, ZACHARY 137.99 wf 95796 12/05/03 O'KEEFE, RYAN 64.00 wf 95797 12/05/03 OHLHAUSER, MEGHAN 187.58 wf 95798 12/05/03 OLSON, KRISTIN 44.00 wf 95799 12/05/03 SHOBERG, KARI 82.00 wf 95800 12/05/03 WERNER, KATIE 165.75 wf 95801 12/05/03 GERMAIN, DAVID 1,741.17 wf 95802 12/05/03 HAAG, MARK 1,575.85 wf 95803 12/05/03 NADEAU, EDWARD 2,643.39 wf 95804 12/05/03 BROWN, LAURIE 334.85 wf 95805 12/05/03 DISKERUD, HEATHER 246.75 wf 95806 12/05/03 GLASS, JEAN 1,362.89 wf 95807 12/05/03 MOY, PAMELA 493.71 wf 95808 12/05/03 SHOBERG, CARY 809.29 wf 95809 12/05/03 TOLBERT, FRANCINE 191.80 wf 95810 12/05 /03 UNGER, MARGARET 495.90 wf 95811 12/05/03 WEISMANN, JENNIFER 284.90 wf 95812 12/05/03 ANDERSON, CALEB 123.30 wf 95813 12/05103 BACHMAN, NICOLE 60.20 wf 95814 12/05/03 BATES, GABRIEL 162.00 wf 95815 12/05/03 BOTHWELL, KRISTIN 194.35 wf 95816 12/05/03 COSTA, JOSEPH 63.45 wf 95817 12/05/03 DEMPSEY, BETH 43.20 wf 95818 12/05/03 DIXON, REGINALD 368.00 wf 95819 12/05/03 DUNN, RYAN 333.19 wf 95820 12/05/03 ESTRADA, KIEL 318.00 wf 95821 12/05/03 FENGER, JUSTIN 63.43 m CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 19 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 95822 12/05/03 FONTAINE, KIM 445.99 wf 95823 12105103 GRANT, MELISSA 160.48 wf 95824 12/05/03 GRUENHAGEN, LINDA 312.10 wf 95825 12/05/03 HOLMGREN, LEAH 119.00 wf 95826 12/05/03 HOULE, DENISE 43.10 wf 95827 12/05/03 JOHNSON, ROBERT 673.40 wf 95828 12/05/03 KERSCHNER, JOLENE 106.20 wf 95829 12/05/03 MOSSONG, ANDREA 94.35 wf 95830 12/05/03 OLSON, MARGRET 105.40 wf 95831 12/05/03 OTTESON, JANET 163.25 wf 95832 12/05/03 PEHOSKI, JOEL 97.38 wf 95833 12/05/03 PROESCH, ANDY 199.09 wf 95834 12/05/03 RENSTROM, KEVIN 56.18 wf 95835 12/05/03 SMITLEY, SHARON 88.80 wf 95836 12/05/03 WARNER, CAROLYN 141.20 wf 95837 12/05/03 WEDES, CARYL 129.90 wf 95838 12/05/03 WINEGAR, JILL 36.00 wf 95839 12/05/03 WOODMAN, ALICE 20.70 wf 95840 12/05/03 BOSLEY, CAROL 208.85 wf 95841 12/05/03 BREITBACH, GARY 504.00 wf 95842 12/05/03 HAGSTROM, EMILY 12.00 wf 95843 12/05/03 HANSEN, ANNA 28.00 wf 95844 12105/03 KELLY, MICHAEL 178.50 wf 95845 12/05/03 ODDEN, JESSICA 21.25 wf 95846 12/05/03 OIE, REBECCA 55.25 wf 95847 12/05/03 QUINN, KELLY 57.00 wf 95848 12/05/03 VAN HALE, PAULA 63.00 wf 95849 12105/03 CHIGfNSKY, APRIL 29.93 wf 95850 12/05/03 COLLINS, ASHLEY 114.68 wf 95851 12/05/03 DOUGLASS, TOM 1,013.60 wf 95852 12/05/03 HER, CHONG 60.33 wf 95853 12/05/03 LOGAN, HEATHER 85.80 wf 95854 12105/03 NAGEL, BROOKE 119.70 wf 95855 12/05/03 PETSCHEN, DANIEL 6.35 wf 95856 12/05/03 SCHULZE, BRIAN 398.23 wf 95857 12/05/03 VERDELL, TRAQUEZ 25.40 wf 95858 12/05/03 VOSS, NICOLE 6.35 wf 95859 12/05/03 WILLIAMS, NICK 101.60 wf 95860 12/05/03 ZIEMER, NICOLE 219.00 wf 95861 12/05/03 MULVANEY, DENNIS 1,981.18 411,811.20 19 AGENDA NO. G -2 AGENDA REPORT it63 City Manager 4061Tt; Finance Director :7:�: Budget Changes for 2003 Bond Issues 97_A14 December 16, 2003 Budget changes are needed for the 2003 and 2004 financial transactions for the 2003 bond issues. Attached is a detailed listing of the changes that are needed. It is recommended that the City Council authorize staff to make the appropriate 2003 and 2004 budget adjustments. PTERW03BONDS3 1 File Name: 2003 bond issue budget changes Location: 0excehdsbudget Date: 08- Dec -03 70 70 0 1,940,000 2,285,000 Prepared by: GB 2,285,000 0 0 0 0 Total all debt service funds 1,117,610 158,390 1,202,170 BUDGET CHANGES 2,640 4,040 1,000 820 3,840 2003 2004 2003 BOND ISSUES REVISED TOTALS Budget Budget 2003 2004 2003 2004 Revenue: Property taxes 2,170,020 2,474,200 2,170,020 2,474,200 Tax abatement - Maplewood Mall 0 0 0 0 Special assessments 451,600 596,630 431,050 303,840 882,650 900,470 Interest on investments 43,540 81,610 6,280 21,890 49,820 103,500 Total revenue 2,665,160 3,152,440 437,330 325,730 3,102,490 3,478,170 Expenditures Fees for Service Debt service: Principal: Regular Called bonds Interest Paying agent fees Other: Interest - interfund loan Investment management fee Total expenditures Excess (deficit) of revenue over expenditures Other financing sources: Operating transfers from - Debt Service Funds Tax Increment Fund Sewer Fund Water Fund Bond Proceeds Excess (deficit) of revenue and other financing sources over expenditures Fund Balance- January 1 Residual equity transfers (to close funds) Fund Balance - December 31 0 0 70 70 0 1,940,000 2,285,000 1,940,000 2,285,000 0 0 0 0 1,202,170 1,117,610 158,390 1,202,170 1,276,000 2,640 4,040 1,000 820 3,840 4,860 59,430 42,440 59,430 42,440 3,480 6,530 510 1,750 3,990 8,280 3,207,720 3,455,620 1,580 160,960 3,209,300 3,616,580 (542,560) (303,180) 435,750 164,770 (106,810) (138,410) 0 0 0 0 273,650 311,480 273,650 311,480 0 0 0 0 33,460 33,460 33,460 33,460 0 0 18,970 18,970 0 (235,450) 41,760 454,720 164,770 219,270 206,530 1,578,932 2,617,664 454,720 1,578,932 3,072,384 0 0 0 0 1,343,482 2,659,424 454,720 619,490 1,798,202 3,278,914 File Name: dsstate Location: c: \excel \dsbudget Date: Prepared by: GB Fund 345 G. 0. Improvement Bonds - 2003A Revenue: O8- Dec -03 Feb Principal, Interest Aug Interest 2003 2003 2004 Budget Re -est Budget Property taxes 0 0 0 Tax abatement - Maplewood Mall 0 0 0 Special assessments 0 400,720 251,580 345 - 000 - 000 -3110 Interest on investments 0 5,840 20,970 345 -000- 000 -3801 Total revenue 0 0 272,550 0 406,560 Expenditures: Fees for Service Debt service: Principal: Regular Called bonds Interest Paying agent fees Other: Interest - interfund loan Investment management fee Total expenditures Excess (deficit) of revenue over expenditures 0 70 0 345 - 000 - 000 -4480 0 0 0 0 0 0 0 0 113,290 345- 000- 000 -0820 0 500 410 345- 000- 000.4840 0 0 0 0 470 1,680 345- 000- 000 -4930 0 1,040 115,380 0 405,520 157,170 Other financing sources: Transfers in (out): Capital Projects Funds 0 0 0 Debt Service Funds 0 0 0 Tax Increment Fund 0 0 0 Sewer Fund 0 0 0 Water Fund 0 0 0 Bond Proceeds 0 16,010 0 345 -000 -000 -3901 Excess (deficit) of revenue and other financing sources over expenditures 0 421,530 157,170 Fund Balance -January 1 Fund Balance - December 31 Cash Balance - January 1 Cash Balance - December 31 due from other funds due to other funds 0 0 421,530 0 421,530 578,700 0 0 421,530 0 421,530 578,700 191 File Name: dsstate Feb Principal, Interest Location: c:lexcelldsbudget Aug Interest Date: 08- Dec -03 Prepared by: GB Fund 346 G.O. Sewer Revenue Bonds - 2003B 2003 2003 2004 Budget R"st Budget Revenue: - Property taxes Tax abatement - Maplewood Mall Special assessments Interest on investments Total revenue Expenditures: Fees for Service Debt service: Principal: Regular Called bonds Interest Paying agent fees Other: Interest- interfund loan Investment management fee Total expenditures Excess (deficit) of revenue over expenditures Other financing sources: Transfers in (out): Capital Projects Funds Debt Service Funds Tax Increment Fund Sewer Fund Water Fund Bond Proceeds Excess (deficit) of revenue and other financing sources over expenditures Fund Balance - January 1 Fund Balance - December 31 Cash Balance - January 1 Cash Balance - December 31 due from other funds due to other funds 0 0 0 0 0 0 0 30,330 52,260 346 - 000- 000 -3110 0 440 920 346- 000 - 000 -3801 0 30,770 53,180 0 0 0 0 0 0 0 0 0 0 0 45,100 346- 000 -000 -4820 0 500 410 346 - 000 -000 -4840 0 0 0 0 40 70 346- 000 - 000.4930 0 540 45,580 0 30,230 7,600 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2.960 0 346. 000 -000 -3901 0 33,190 7,600 0 0 33,190 0 33,190 40,790 0 0 33,190 0 33,190 40,790 hl rd AGENDA NO. G -3 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Designation of Depositories for Investments DATE: December 16, 2003 State law, Chapter 427 requires that cities from time to time re- designate financial institutions as depositories for city investments. The last time this was done was in December 2001 when depositories were approved for the period through December 31, 2003. When city investments are made, quotations are obtained from securities dealers who are on the Federal Reserve Bank's list of primary dealers (e.g., Citigroup), securities dealers that are subsidiaries of financial institutions that have been designated as depositories (e.g., Wells Fargo Brokerage Services) and RBC Dain Rauscher which is the securities dealer for the League of Minnesota Cities 4M Fixed Rate Program. The attached resolution does not include any new depositories. If a financial institution that is not a designated depository becomes a good option for city investments in the future, it will be recommended to the Council for designation as a depository as a separate agenda item. Adoption of the attached resolution is recommended. Attachment P:\ FINANCE \WORD \PERM \INVESTDEP.DOC 1 RESOLUTION BE IT RESOLVED, that the following be and hereby are selected as depositories for time deposits of the City of Maplewood: U.S. Bank Washington County Bank Wells Fargo Bank BE IT FURTHER RESOLVED, that the deposits in any of the above depositories shall not exceed the amount of F.D.I.C. insurance covering such deposit unless collateral or a bond is furnished as additional security, and BE IT FURTHER RESOLVED, that funds in the above depositories may be withdrawn and wire transferred to any other depository of the city by the request of the Finance Director or Assistant Finance Director. BE IT FURTHER RESOLVED, that these depository designations are effective until December 31, 2005. P:\ FINANCE \WORD \PERM \INVESTDEP.DOC 2 Agenda No. G -4 AGENDA REPORT To: Richard Fursman, City Manager From: Steve Lukin, Fire Chief CC: City Clerk Date: 12/17/2003 Re: Automatic External Defibrillator (AED) I . C• N91 The American Heart Association provided a grant program for the purchase of AED's at a 50/50 match. The Maplewood Fire Department, in conjunction with the Maplewood Police Department, submitted to the grant application board for nine AED's. I am very pleased that the American Heart Association has awarded us all nine of the AED's. The AED's will be shared between Police and Fire and put into service into squad cars, fire vehicles and one will be put in the dispatch area. The total cost for the AED's is $21,935.52. Our portion is $10,967.76. These funds will come from existing budgeted dollars from both Police and Fire. The AED's will be purchased from Philips Medical Company. Presently, the Fire Department has three Philips HeartStart AED's. RECOMMENDATION I recommend the City Council accept the grant from the American Heart Association in the amount of $10,967.76 and approve the purchase of the Philips HeartStart AED's in the amount of $10,967.76 which will come from the existing Police and Fire 2003 budget. Agenda No. G -5 AGENDA REPORT To: Richard Fursman, City Manager From: Steve Lukin, Fire Chief CC: City Clerk Date: 12/17/2003 Re: Purchase of Fire Department Vehicle I . C• N91 The Maplewood Fire Department is scheduled to replace the existing chief's vehicle in 2004. However, we have found that if we replace the vehicle now, which will be a new 2003 Dodge Durango, we will have a savings of $7,800 off the sticker price versus zero rebates for purchasing a 2004 Dodge Durango. This will be the second Durango within our Department. This type of vehicle provide us with the necessary room for our equipment and has great maneuverability in the winter months RECOMMENDATION I recommend that the City Council approve the purchase of the 2003 Dodge Durango from Lake Elmo Chrysler Plymouth in the amount of $28,859. These funds will come from the 2003 Fire Department budget. Agenda No. G -6 AGENDA REPORT To: Richard Fursman, City Manager From: Steve Lukin, Fire Chief CC: City Clerk Date: 12/17/2003 Re: Maplewood Relief Association Bylaw Change BACKGROUND This is the final step in making the necessary changes to the Maplewood Relief Association in order to allow full -time firefighters, who are also members of the Maplewood Relief Association, to leave the Maplewood Relief Association and continue to be employees of the Maplewood Fire Department. This Bylaw change will allow past members of the Maplewood Relief Association, who are full -time employees with the Maplewood Fire Department, receive the benefits in which they are entitled to. These Bylaw were voted on and approved by the Maplewood Relief Association Membership on Tuesday, December 2, 2003. RECOMMENDATION I recommend the City Council approve the following Bylaw change. The person is employed subsequent to retirement as a volunteer /paid -on -call firefighter by the city of Maplewood to perform duties within the department on a full -time basis; 2. The governing body of the city of Association's board of trustees that Maplewood Fire Department in that replace; and Maplewood has filled a determination with the the person's experience with and service to the person's full -time capacity would be difficult to 3. The person otherwise meets the requirements of Minnesota Statues, Chapter 424A, including Minnesota Statues 424.02 subdivision 1, and is authorized to receive a service pension or disability benefit. AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David Thomalla Subject: 2004 Animal Control Services Contract Date: December 15, 2003 Introduction G -7 City Council approval is required to award the 2004 contract for animal control services. Background For the past several years, the City of Maplewood has contracted with Animal Control Services, Inc., for animal control services. These services include answering calls for service, impounding stray animals, investigating cases of animal abuse /neglect, following up on dog /cat and kennel licenses and education programs for pet owners. Animal Control Services, Inc., has always provided reliable, professional service and shown that they are willing to work with the City to continue to provide the best service possible. The 2004 contract is identical to the 2003 contract; there are no fee increases or language changes. Recommendation It is recommended that the City Council accept the 2004 contract from Animal Control Services, Inc. Action Required Submit to the City Council for review and approval. DJT:js rAJIM LqEaj AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David Thomalla Subject: Resolution Appointing Kenneth Collins to the 800 MHz Policy Committee Date: December 15, 2003 Background The City of Maplewood, along with other Ramsey County government agencies, is participating in discussions regarding the 800 MHz radio system. As part of implementing this radio system, an 800 MHz Policy Committee has been formed. At its December 8, 2003, meeting, the Maplewood City Council passed a resolution appointing Kenneth Collins to serve as the City of Maplewood's official representative on this committee. As a formality, the attached resolution is being submitted for Mayor Cardinal's signature. Action Required Submit the resolution to Mayor Cardinal for his signature. DJT:js Attachment RESOLUTION OF THE MAPLEWOOD CITY COUNCIL APPOINTING KENNETH V. COLLINS TO THE 800 MHz POLICY COMMITTEE WHEREAS, Ramsey County local government agencies are joining together to form a committee to discuss the implementation of the 800 MHz radio system, which will allow all Ramsey County governmental agencies to share a radio system; and WHEREAS, the City of Maplewood is desirous of joining the 800 MHz radio system; and WHEREAS, Kenneth V. Collins was a member of the Maplewood Police Department for 32 years, 15 years as Chief of Police, and he is very knowledgeable about this radio system; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council is appointing Kenneth V. Collins as their official representative on the 800 MHz Policy Committee. Passed by the Maplewood City Council December 8, 2003 Robert Cardinal, Mayor Subject: Amendment to Agenda Item #G9 11UI=I1UIQ:IM0 Bill Vil TO: Richard Fursman, City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Conditional Use Permit Review - Waldorf School LOCATION: 70 County Road B East DATE: December 11, 2003 INTRODUCTION The conditional use permit (CUP) for the Waldorf School at 70 County Road B East is due for review. The school encompasses grades kindergarten through 8` and implements an ecological education where plant communities, gardens and the weather are integrated into the overall learning experience. CODE REQUIREMENT Section 36- 445(a) states all CUPS shall be reviewed by the city council within one year of the date of initial approval, unless such review is waived by council decision or ordinance. At the one -year review, the council may specify an indefinite term or specific term not to exceed five years. _YiTel r"01 :loll] 0 f August 23, 1999: The city council approved a CUP for a school within the BC, Business Commercial, zoning district; a comprehensive land use plan change from Business Commercial, BC, to School, S (see attached 8/23/99 city council minutes). October 9, 2000, November 13, 2001, and December 23, 2002: The city council approved one -year time extensions for the CUP. DISCUSSION Development of the Waldorf School has been planned in phases. The first phase of construction is complete except for some of the required exterior improvements as follows: Landscaping —A majority of the required landscaping has been completed, however, representatives of the school are working with staff on a revised landscape plan which should be completed and installed by next spring. 2. Stop Sign —A stop sign at the driveway exit must be installed along County Road B. 3. Modular Buildings -There are four temporary modular buildings located behind the school. These buildings are connected together to create four classrooms for the middle school children. Dan Odegard, School Administrator, states that the temporary buildings will be removed once the second phase of the school is complete. The second phase includes the construction of a kindergarten building that the school hopes to have done by 2005. Attachment 1 LOCATION MAP Attachment 2 1 1 ax.a . 692,3 R6.0 6.'r - rte'* COUNTY ROAD B HILLTOP LLL DENTAL CLINIC . Ssac. TRI- DISTRICT SCHOOL (0) 27.3 ac ToTAL I. WALDORF BC SCHOOL SITE A v / 1 Y - - - -- I t ! V -O 12 0 � 1� by 0 Qr Ow ve oe A. 5� ST. PAUL WATER UTILITY PROPERTY B. Of W.C. PROPERTY LINE I ZONING MAP 4 4 LNO N r q � 2 1 ul as Attachment 3 y ,3 � o E A T T *�A L_ - : - T- Seconded by Councilmember Allenspach Ayes - all Attachment 4 S Co Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for a school at 70 County Road B East and moved to approve the site and landscape p ans to -stamp u y an e revised site pan concept date-stamped ugus t 3, 1999 (should the applicant pre er LHIN ayout of me proposed Minnesota a or S c h ool campus at 70 County Road 13 ras t. Approval is subject to the tollowing conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project 2. Before getting a building permit, the applicant shall: a. Submit grading, drainage, utility and erosion control plans to the city engineer for approval. b. Revise the landscape plan to increase the size of the Quaking Aspen and River Birch trees to 2 %, inches in caliper. C. Obtain an off -site drainage easement for storm drainage onto the abutting neighbor's property adjacent to the northeast corner of the site, retain their storm water on their own property or maintain the existing drainage flow by not increasing the rate of runoff into the pond on the adjacent property. 3. The applicant shall complete the following before occupying the building: a. Provide continuous concrete curbing around all proposed parking and drive areas. b. The trash- dumpster screening requirement is waived unless the dumpsters would be visible to the public. In that case, an enclosure shall be provided using the saute materials and color as the building. C. An inground lawn- irrigation system shall not be required because of the remote nature of this site. d Provide site - security lighting as required by the code. The light source, including the lens covering the bulb, shall be concealed so not to cause any nuisance to drivers or neighbors. e. Install handicap parking sign for handicap parking spaces in compliance with ADA requirements. f. Install a stop sign at the exit onto County Road B. 4. If any required work is not done, the city may allow temporary occupancy if a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 200 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter or within six weeks if the building is occupied in the spring or summer. 5. All work shall follow the approved plans. The director of community development may approve minor changes. 6. The applicant shall resubmit the building elevations to the community design review board for approval. The applicant shall include the proposed building materials, building colors and samples of materials. g -23.99 C (,t P C o 1d :-6,05 Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. 2. The proposed construction 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. If a parking shortage develops, the property owner shall provide more spaces, subject to approval by staff of a revised parking layout. 5. Dedicate a 25- foot -wide wetland buffer easement around the wetland to the City of Maplewood. 6. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, grading or dumping beyond this point. City staff shall approve the sign design and location before the contractor installs them. The developer or contractor shall install these signs before the city issues a certificate of occupancy for the first phase of this development. 7. The applicant shall obtain an off -site drainage easement for storm drainage onto the abutting neighbor's property adjacent to the northeast corner of the site, retain their storm water on their own property or maintain the existing drainage flow by not increasing the rate of runoff into the pond on the adjacent property. The drainage plan shall be subject to the city engineer's approval. Seconded by Councilmember Allenspach Ayes - all Agenda #G10 MEMORANDUM TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: INTRODUCTION Richard Fursman, City Manager Shann Finwall, Associate Planner Conditional Use Permit Review St. Paul Business Center East 1983, 1997, 2025 Sloan Place December 15, 2003 The conditional use permit (CUP) for St. Paul Business Center East is due for review. The CUP allowed for an 85,000 - square -foot commercial office and warehouse planned unit development. BACKGROUND June 11, 1984: The city council approved the CUP for the planned unit development. July 8, 1985: The city council approved a one -year time extension of the CUP. August 25, 1986; August 12, 1991, September 23, 1996: The city council approved five -year CUP renewals. November 13,2001; December 23, 2002: The city council approved a one -year CUP renewal. DISCUSSION On July 10, 1984, the community design review board (CDRB) approved the building elevations and landscape plan for the St. Paul Business Center East with several conditions (see attached minutes). During last year's CUP review, the following three CDRB conditions required addressing: I. There shall not be any roof - mounted air conditioning units. Since the original construction of the development and without city staffs knowledge, several roof - mounted air conditioning units had been installed. The property managers had agreed to paint all roof - mounted equipment brown to match the building. 2. A 6 -foot tall and 80 percent opaque screen (combination of 50% fence and 50% evergreens) along McMenemy Street and Skillman Avenue. Three sections of the fence had missing boards and were in need of repair. 3. All required plant materials that die shall be replaced by the owner. Six Colorado blue spruce were missing from the site. Upon inspection of the site this year, staff found the above - mentioned conditions addressed as follows: 1) All but two roof - mounted air conditioning units had been painted. 2) Three missing fence boards have been replaced, however, since last year one additional fence section has broken and needs to be repaired. 3) Six Colorado blue spruce were replanted on the site, however, four of the spruce have since died and need replacing. Pam Jaeger of Bachmeier Corporation, commercial property managers for the St. Paul Business Center East, has indicated that all repairs will be complete by June 1, 2004, including painting the two air - conditioning units, repairing the fence, and replacing the trees. RECOMMENDATION Review the conditional use permit for the St Paul Business Center East again in one year to ensure compliance with conditions. Rsec 181st Paul business center east Attachments 1. Location Map 2. Properly Line/Zoning Map 3. Site Plan 4. community Design Review Board Minutes (July 10, 1984) e� D 58 Eapx '#I r ® L /rat' CANADA URIE RP y p m a u r H m W LAURIE CO RD "B" �xo '^ m .d�' g Y OT. 25 4B3" CO RD B h y MAKE M ~ p A 8E 4V RIDGE Q 4 m n OB/M //IB y y ST. PAUL BUSINESS T CENTER WEST SKILLMAN ST. PAUL BIISINESS w O a I CENTER EAST 6 3 La v '�p X MT. V RNON v DOWNS AN i AV 28 s �� - °j ROSELA PIt PB $ J o BELLW AV �, ELLWOOD AV BEL OD M ( w SUMME A: y� p p f O FENTON � A ( V o - w v1 = 0 0 y pV EY'Z y y IDPLEY m aU W j WA i x AV m P AV RECR ON ' �L Y J V y y U H y } a F Z m N Q 27 2 w KINGSTON ]� Lo py / KINGSTON AV J 7 m PR AV 4 qy 2 SA /NT lYS LOCATION MAP 0 N Attachment 1 a 9 25! 4 • la 5311 �t���5V)• S 1 b (33) I e B C3� I (57) 1 (9 1• a pal Y( (33) C1m) p °) to _ 1 QI) e h II fl I ll i3N)200!4 II a055 a046 �— ca047 z .c 9 ST. PAUL BIISINE88 t CENTER BAST ST. PAUL BUSINESS a 1 I CENTER WEST .1) nv .F - -1565 a5l205n') W I R 1 ` PARRSIDE -2K e FIRE STATIOa ze l za go 1 31 l 9e 1992(10 (V (54) �. 1984 szsT 1978 (eXH — If6S 197O In o Lsc .n >s. R J (])ar NCR .39u. t o ° e a za z 1 � I n 1� as 1962(` 56(,6 (9) s) � F + { I _3— 00 ° C 19 9� oB! — — - -194e fi 4U OFFICE BUILDING ■ E N ■ IN M (os �i X 8' 1942 ' a ENTRE COMPUTER M � FM 1 2 26 5 Zl ?$ " L - -' O" C� � a '1928( {Ei.!' 234 B i 4y' ItllLO tlO�. a.. '� — R088LAWN AVENUE � NO � ` --• . Ef M � PROPERTY LINE / ZONING MAP 3 Attachment 2 0 N SITE PLAN 4 Attachment 3 0 N a 3 C 9 24 0 0 Ml � L y? w .. b1do. I niao- z u s �a'(S x9800 29500 �:. ID d € 3 -.. .. ` .. ST.PAUL BUSINESS CENTER EAST SITE PLAN 4 Attachment 3 0 N MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1380 FROST AVENUE, MAPLEWOOD, MINNESOTA TUESDAY, JULY 10, 1984, 7:30 P.M. I. CALL TO ORDER Chairman Axdahl called the meeting to order at 7 p.m. II. ROLL CALL Donald Moe Present Tom Deans Present Dean Hedlund Resigned Bob Peterson Present Tod Rovie Present George Rossbach Present III. APPROVAL OF MINUTES A. June 28, 1984 Board Member Deans moved approval of the minutes of June 28, 1984 Board Member Peterson seconded Ayes - -all IV. APPROVAL OF AGENDA Secretary Ekstrand indicated that Gulden's would like to be added to the agenda for building and site review for reconstruction of the restaurant. Board Member Rossbach moved approval of the agenda as amended. Board Member Deans seconded Ayes - -all V. UNFINISHED BUSINESS A. St. Paul Business Center East Don Bachmeier was present at the meeting. He requested reviewing the project with the Board. They did get approval from the planning commission and city "council on the use of the property. They did receive input from the neighbors. The restrictions established by the council is included in the report to the board. There will be not rooftop heating, or ventilation equipment. There will be screening of the site that border residential areas. He would be glad to answer any questions the board may have. He agrees with the conditions outlined by staff, however, they would rather have the exposure from the freeway and add more plantings throughout the property. 5 Attachment 4 The board asked if the applicant would comply with the conditions outlined by the council. Mr. Bachmeier indicated they would meet them. He explained to the board what type of businesses the tenants would have. They have a clause in their lease which indicates there will be no noise, odor or conduct which will disturb the neighbors. The board asked where the heating and cooling units will be placed. Mr. Bachmeier said they intend to install them in the back of the building, they would be mounted off the ground. He does not believe the rear portion of the building will be visible. The screen fence will be installed to screen it. They also intend on changing the block style from what is shown on their plan. He also showed the board a sketch of the fence. They use treated lumber and it has worked well. They have consulted neighbors where the fence has been installed, and it is acceptable. They would stain it if requested, however, the treated lumber does stand up well to the weather. The board the Secretary Ekstrand reviewed the parking plan. Mr. Bachmeier said they would comply with the parking code and the guides established. They will be able to get sufficient parking spaces. Although the plan for landscaping shows fleece flowers on the slope, he would prefer to install sod. Also he indicated that upon request, he will add another three feet to the screening fence adjacent to building #3 The board felt that anything higher than a six foot fence would be too high. Chairman Moe asked if there was anyone else present who wished to comment on the proposal. Mike Roth, 2047 Sloan, one of the property owners who will be most affected by what he can see of the project. He said he is 11 feet above street grade, the 6 foot fence will not screen anything for him. They felt a landscaped screen which is planted close, would look better. The board indicated that a dense planting is sometimes hard to maintain. It has a tendency to collect debris and also it is difficult to cut the grass around and under. They further reviewed the landscaping plan for Mr. Roth. Gene Monna, 357 Skillman Avenue, said he was not able to appear at the council meeting and said he does not know what the amendments or changes were made. The board explained that the fence would be a diaginal board fence, 6 feet in height. Mr. Bachmeier indicated he thought of putting ivy on the fence. This would add a dimension of green to the fence. If the people would prefer pines or similar vegetation, he would agree to that. Zf N Mr. Bachmeier said he would be willing to work with the neighbors and city staff with reference to the landscaping adjacent to the building. conoizions• the following 1. The dock side of building #3 shall have the same exterior treatment as the other three sides of the building. 2. A comprehensive sign plan must be submitted to the board for approval. 3. This review does not include approval of this site plan for parking purposes since it is not in compliance. 0 There shall not be any roof — mounted air conditioning units. 5. The landscape plan shall be revised for staff approval to include: 'P A six foot tall and eighty percent opaque screen (combination of 50% ence and 50% evergreens) along McMenemy Street and Skillman Avenue b. Four more Norway maple along Sloan Place c. Four more weeping willow around the pond d. Three more Royal Red maple adjacent to NCR e. Sloped bank south of property line (the north property line to the parking area) shall be sodded not fleece flowers. (Also includes.west of the east property line along McMenemy) 6© All required plant materials that die shall be replaced by the owenr. 7. The applicant shall provide an irrevocable letter of credit in the amount of 150% of the estimated cost of the landscaping if the landscaping has not been installed by occupancy. 8. Sodded and landscaped areas shwon on plan dated 6 -27 -84 shall be irregated. Board Member Peterson seconded Ayes - -all. VI. NEW BUSINESS A. HCO Gas Station Lloyd Urban owner of Hoffman Corner Oil was present at the meeting and indicated they propose to move their service station at County Road C and White Bear Avenue to the northwest corner. White Bear Avenue will be widened, therefore, the reason for their move. The existing station will be removed. 7 AGENDA ITEM G -11 AGENDA REPORT TO: City Manager FROM: Assistant City Engineer SUBJECT: Budget Adjustment for 2003 Engineering, Wages/Temporary DATE: December 15. 2003 Introduction Engineering Department wages for temporary employees have exceeded the budget by almost $18,500, and it is necessary to do a budget adjustment before year -end. Background Temporary employees were required to bring the many projects in 2003 to successful completion. Higher than normal construction activity has, however, resulted in higher than anticipated revenue. November year -to -date revenue is $900,875 or $53,705 more than the 2003 budgeted amount of $847,170. Revenue will exceed expenditures by at least $260,000 at year -end. Recommendation It is recommended that a budget adjustment be approved to transfer $18,500 from engineering revenue to the engineering operating budget to pay for additional temporary wages. CIVIC jw Agenda #J7 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Assistant Community Development Director SUBJECT: Historical Commission Ordinance Amendment (Second Reading) DATE: December 10, 2003 INTRODUCTION The Maplewood Historical Commission is requesting that the city council amend the rules governing the number of terms a member can serve. They are also requesting various ordinance - language changes. Refer to the attached memo and ordinance amendment on pages 2 -5. BACKGROUND December 8, 2003: The city council gave first reading to this proposed ordinance amendment. RECOMMENDATION Approve the ordinance amendment proposed by the Maplewood Historical Commission. p:com_dvmtlord\H istoricalCom Attachment: 1. Memo from the Maplewood Historical Commission dated - stamped November 18, 2003 2. Proposed Ordinance Amendment Attachment 1 RECEIVED TO: Melinda Coleman NOV 18 2003 FROM: Maplewood Historical Commission SUBJECT: HISTORICAL COMMISSION Three appointments to the Historical Commission (Anne Fosburgh, Carolyn Peterson and Don Wiegert) are expiring on December 31, 2003. As the ordinance now reads, none of them can be re- appointed. When the Historical Society recommended the current members for appointment they were selected, in part, because their residence locations represented the various areas of Maplewood. Anne has represented the south area and Carolyn was living in the west area, but has since moved to the central/north area. Don represented the oentral/north area. Of the remaining commissioners, Robert Overby, who represented the central /north area, is now living in the west area, as does Gordon Heininger. Edna Ledo represents the south area, and George Rossbach represents the central area. If the ordinance is revised, Don has indicated he would like to be reappointed. Anne Fosburgh and Carolyn Peterson have stated they do not feel they could continue, even if the ordinance is revised, because of other commitments and health considerations. If it is not revised, it will be necessary to request applications for three seats on the Commission, preferably (but not necessarily), one from the south, and two from the central/north. In addition to the above, Robert Overby would like to have about 15 minutes to appear before the Council when the proposed ordinance revision is submitted for first reading. He will briefly discuss the Certified Local Government process and taking the revisions to the Planning Commission and City Council next year to result in eligibility to apply for CLG grants. At the same time, he would provide a brief year -end report and give the City a preliminary copy of the book the Commission has been working on, "Historically Significant Buildings and Sites in Maplewood' Thank you. 2 ORDINANCE NO. Attachment 2 ORDINANCE FOR MAPLEWOOD HISTORICAL ADVISOR aF PRESERVATION COMMISSION THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREIN ORDAIN: 1. With the changes indicated below, deletions are crossed out and additions are underlined. Article IV. Secs. 2-87 to 2 -99 is hereby added to read as follows: DIVISION 4. HISTORICAL PRESERVATION COMMISSION ( "Commission ") Ses: Section 2-87 Authority for Establishedment There is hereby established for the City a Historical Preservation Commission as an independent board to the City Council, as provided in Minnesota Statutes Annotated Sections 471.193 and 138.51. Sew Section 2-88. Statement of public policy and purpose. It is hereby declared by the City Council that it is the public policy of the City to engage in a comprehensive program of historic preservation and to promote the use and conservation of historic properties for the education, inspiration, pleasure and enrichment of the citizens of this Area. The purpose of this division creating the #istedr.al Commission is to secure for all citizens of Maplewood the opportunity to preserve and promote its historic resources through the disseminate of knowledge Gf about the area's history. Sew Section 2.89. Advisory body. All actions of the #+sterical Commission shall be in the nature of recommendations to the City Council, and said Commission shall have no final authority with reference to any matters, except as the Council may lawfully delegate authority to it. See: Section 2 -90. Composition; Appointment; Qualifications; Terns. (a) The Historical Commission shall be composed of 7 members appointed by the City Council, who shall be residents of the City, and shall be selected to assure that the Commission is representative of the various areas of the City and responsive to the needs of the people. Commission membership shall be drawn from persons with demonstrated interest and /or expertise in historic preservation. If available in the community, at least two members of the Commission shall be preservation - related professionals (including the professions of history, architecture, architectural history, archeology, planning, real estate design building trades, landscape architecture, or law). If available, one member of the Commission must be a designated representative of the Ramsey County Historical Society, or the City will pay for a membership for the Commission Chairperson Specific disciplines and professional qualifications must be represented on the Commission (or professional expertise must be sought) when the Commission is considering nominations to the National Register of Historic Places (see Section X =XX, part x, for the nomination process) and other actions that will impact properties which are normally evaluated by a professional in such a discipline. The City of Maplewood will advertise for nominations to fill vacancies on the Commission. The Commission members will interview nominees and recommend new members to the City Council based on the following factors: (1) interest and /or experience in history and historic preservation; (2) if possible, a resident from an area of the city (West. North /Central. South) that has a vacancy on the Commission; otherwise, an "at large" member: (3) if possible, a resident who represents specific disciplines or professional qualifications (as noted above) if such vacancies exist on the Commission. W The unexpired portion of the year in which appointments are made shall be considered as one year. All terms shall expire on December 31 of the year in which the appointment terminates. As the terms expire, all appointments thereafter shall be for a term of 3 years. years and fo • rn e., bemfor twe yea teans After the Me yea F terms of the current members expire, all appointments and reappointments shall be three -year appointments. Sew Section. 2 -91. Officers Generally. The chairperson and vice - chairperson of the Historical Commission shall be elected by the Historical Commission aaernbers at the first meeting in January of each year from among the members of the Histerieal Commission. The Chairperson shall be responsible for calling and presiding over all meetings and shall be entitled to an equal vote with other members of the Commission. If the Chairperson is unable to attend a meeting, the vice - chairperson shall conduct the meeting. 2. This ordinance shall take effect after publishing in the official newspaper. The Maplewood City Council approved this ordinance on 2003. Mayor Attest: City Clerk AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David Thomalla and Fire Chief Steve Lukin Subject: Communications Center Staffing Date: December 15, 2003 Introduction K -1 A request is being made to hire one additional full -time Public Safety Dispatcher after January 1, 2004. Background When Public Safety dispatching returned to the City of Maplewood in October 2001, the hiring of eight full -time dispatchers was approved by the City Council. Since then, because of illness, vacations and personnel turnover, the communications center has frequently been understaffed; and the remaining dispatchers have had to work many hours of overtime to cover shifts adequately. In addition to overtime for the full -time dispatchers, several dispatchers from other agencies were hired on a temporary basis to "fill in the gaps." The money currently being spent on overtime and temporary personnel could more effectively be spent on the hiring of a ninth full -time dispatcher. The addition of another dispatcher would also help to eliminate burnout of the dispatching staff. Budget Impact There will be no impact on the budget as the funds currently being spent for overtime and temporary wages will be used for this position. Recommendation It is recommended that the City Council approve the hiring of a ninth dispatcher. Action Required Submit to the City Council for review and action. DJT & SL:js AGENDA ITEM K -2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer SUBJECT: McKnight Road and Lower Afton Road Intersection Improvements, City Project 02 -13 — Approve Agreement with Ramsey County for Maintenance and Construction of Traffic Control Signals and EVP System DATE: December 12. 2003 Introduction Ramsey County is proposing to install a signal system with emergency vehicle pre - emption systems (EVP) at the McKnight Road and Lower Afton Road intersection. Approval of a cost and maintenance agreement with the county is required before they can proceed. Background Ramsey County will be installing a signal system at the McKnight Road and Lower Afton Road intersection during the spring of 2004. Costs for the traffic signal construction and intersection geometric changes are 100 percent the responsibility of Ramsey County through the county's cost participation policy. That policy also defines responsibility for right of way acquisition, which is 100 percent the responsibility of the city in which right of way is acquired, and for Emergency Vehicle Pre - Emption (EVP), which is split 50 -50 with the City of St. Paul. The total estimated expense to the City of Maplewood is $3,925 for the EVP system and $6,000 for right of way and administrative costs. The total project expenditures for Maplewood are estimated at $9,925 and are eligible for reimbursement from the city's Municipal State Aid Street Fund (MSAS). Approval of the attached agreement is recommended Recommendation It is recommended that the city council approve the attached agreement with Ramsey County for the Maintenance and Construction of Traffic Control Signals and EVP System at the McKnight Road and Lower Afton Road intersection; authorize the Mayor and City Manager to execute the agreements; and authorize the finance director to establish a project budget of $9,925 to be reimbursed from the City's Municipal State Aid Street (MSAS) Fund. Attachment: Agreement No. PW2003 -14 with Ramsey County AGREEMENT FOR MAINTENANCE AND CONSTRUCTION OF TRAFFIC CONTROL SIGNALS AND EVP SYSTEM AGREEMENT NO. PW2003.14 Est. Cost Attachments 50% EVP _ $ 3,750.00 "Exhibit A" Engr. &Inspec. (6 %) = $ 225.00 "Exhibit B" City of Maplewood = $ 3,925.00 50 %EVP = $ 3,750.06 Engr. & Inspec. (6 %) = 225.06 City ofSt Paul = $ 3,925.00 THIS AGREEMENT, made and entered into by and between the County of Ramsey, Department of Public Works, hereinafter referred to as the "County;' and the City of Maplewood hereinafter referred to as "Maplewood" and the City of St Paul hereinafter referred to as " St Paul ", for the construction and maintenance of a traffic control signal system with street lights, signs and emergency vehicle pre - emption at the intersection of McKnight Road and Lower Afton Road; WITNESSETH: WHEREAS, the County has determined that there is justification and it is in the public's best interest to construct a traffic control signal with street lights and signs at McKnight Road (County State Aid Highway No. 68) and Lower Afton Road (County State Aid Highway No. 39); and WHEREAS, Maplewood and St Paul request and the County agrees to provide an Emergency Vehicle Pre- emption System, hereinafter referred to as the "EVP System" as a part of said traffic control signals with street lights in accordance with the terms and conditions hereinafter set forth; and WHEREAS, right -of -way acquisition is required prior to the installation of said traffic control signal; and - WHEREAS, the County, Maplewood and St Paul will participate in the construction costs, maintenance and operation m said traffic control signals with street lights, signs and EVP system as hereinafter set forth; and NOW, THEREFORE, IT IS AGREED AS FOLLOWS: L The County shall prepare the necessary plans, specifications and proposals and shall perform the engineering and inspection required to complete the items of work hereinafter set forth. Such work as described immediately above shall constitute "Engineering and Inspection" and shall be so referred to hereinafter. PW2003 -14 Iof5 2. The contract cost of the work or, if the work is not contracted, the cost of all labor, materials and equipment rental required to complete tie work, except the cost of providing the power supply to the service pole or pad shall constitute the actual "Construction Cost" and shall be so referred to hereinafter. 3. The County shall install or cause the installation of said traffic control signals with street lights, signs and interconnect in accordance with the plans and specifications for State slid Project No. 062- 668 -043 at McKnight Road and Lower Afton Road at its own expense. Estimated construction cost is $160,000. 4. The County shall install or cause the installation of geometric improvements at the intersection of Meknight Road and Lower Afton Road at its own expense. Estimated construction cost is $500.000. 5. The County shall install or cause the installation of an EVP system in accordance with State Aid Project No. 062- 668 -043 at McKnight Road and Lower Afton Road at Maplewood and St Paul's cost and expense. Estimated construction cost is $7,500.00. 6. Maplewood at its own expense, shall acquire permanent additional right of way and temporary easement as indicated in Exhibit A attached hereto. St Paul at its own expense shall acquire permanent additional right of way and temporary easements as indicated in Exhibit B attached hereto. All acquisitions shall be made in the name of the County. 7. The County shall install or cause the installation of the overhead signing at its cost and expense and upon completion of the project the County shall maintain said signing all at no cost to Maplewood or St Paul. Estimated construction cost is $1,700.00. 8. The County shall install or cause the installation of an adequate electric power supply to the service pad including any necessary extensions of power lines at McKnight Road and Lower Afton Road at its cost and expense. Upon completion of the traffic control signals with street lights, signs and EVP system installation, necessary electrical power for their operation shall be at the cost and expense of the County. In accordance with the Policy for lighting County Roadways, County Board Resolution 78 -1394, the County shall perform street light maintenance and pay energy costs of the integral street lights. 9_ Upon completion of the traffic control signals, the County shall perform all maintenance of the traffic control signal including relamping, cleaning and painting at its cost and expense, 10. Upon execution of this agreement and a request in writing by the County, Maplewood and St Paul shall advance to the County an amount equal to their portion of the project costs based on the actual bid price plus six percent (6 %) of such amount for the City's share of the cost for engineering and inspection. PW2003 -14 2of5 IL Upon final payment to the contractor and computation of Maplewood's and St Paul's share for the work provided for herein, that amount of the funds advanced by Maplewood and St Paul in excess of the City's final share will be returned to the Cities without interest and the City agrees to pay to the County that amount of its final share which is in excess of the amount of the funds advanced by the City. 12. The EVP system provided for in paragraph 4 hereof shall be operated, maintained, revised or removed in accordance with the following conditions and requirements_ a) All modifications, revisions and maintenance of the EVP System considered necessary or desirable for any reason, shall be done by County forces, or, upon concurrence in writing by the County's Traffic Engineer, may be done by others all at the cost and expense of Maplewood and St Paul. b) Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 with 169.03. c) Maplewood and St Paul shall maintain and require others using the EVP System to maintain a log showing the date, time and type of emergency for each time the traffic signal covered hereby is actuated and controlled by the EVP System. Malfunction of the EVP System shall be reported to the County immediately. d) All maintenance of the EVP System shall be performed by the County. Maplewood and St Paul shall be responsible for actual cost thereof. The County shall submit an invoice to Maplewood and St Paul annually, listing all labor, equipment, materials and overhead used to maintain the EVP System. Labor cost and overhead and equipment costs will be at the established rates paid by the County at the time the work is performed, and material costs will be invoiced at the actual cost thereof to the County. Twenty -five percent (25 %) of the materials cost will be added to the invoice, to cover the County's cost for inventory management, in accordance with the policy for Traffic Control Signal Systems, County Board Resolution 81 -1001. Maplewood and St Paul shall promptly pay the County the full amount due. e) In the event said EVP System or components are, in the opinion of the County, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after receipt by said party of written notice thereof from the County, the EVP System pursuant to this paragraph, the field wiring, cabinet wiring and other components shall become the property of the County. All infrared detector heads and indicator lamps mounted external to the traffic signal cabinet will be returned to the appropriate party. The detector receiver and any other assembly located in the control signal cabinet, which if removed will not affect the traffic control signal operation, will be returned to Maplewood and St Paul. F) All timing of said EVP System shall be determined by the County, through its Traffic Engineer, PW2003 -14 3of5 g) Except for the negligent acts of the County, its agents and employees engaged in the maintenance work, Maplewood and St Paul shall assume all liability for, and satire the County, its agents and employees, harmless from any and all claims for damages, actions or causes of action arising out of the continuing uses by Maplewood and St Paul, and including but not limited to the operations, use and existence of the equipment for the EVP System. Nothing herein shall constitute a waiver by any party of any limitations of liability provided by Minnesota Statutes Chapter 466 or other applicable law 13. All timing and related adjustments of the traffic control signals shall be determined by the County through its Traffic Engineer, and no changes shall be made to these adjustments without the approval of the County. 14. Any and all persons engaged in the maintenance work to performed by the County shall not be considered employees of Maplewood and St Paul, and any and all claims that may arise under the Worker's Compensation Act of this .State on behalf of those employees so engaged, and any and all claims made by any third party as a consequence of any negligent act or omission on the part of those employees so engaged on any of the work contemplated herein shall not be the obligation and responsibility of Maplewood and St Paul. 15. Maplewood, St Paul and the County agree to defend, indemnify and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs and expenses including, but not limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of the appropriate Maplewood, St Paul or County to satisfy the provisions of this agreement or for damages caused to third parties as a result of the manner in which Maplewood, St Paul or the County perform or fail to perform duties imposed on Maplewood, St Paul or the County by the terms of this agreement. Nothing herein shall constitute a waiver by any party of any limitations of liability provided by Minnesota Statutes Chapter 466 or other applicable law. PW2003 -14 4of5 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures. CITY OF MAPLEWOOD, MINNESOTA In presence of By: Its: By: Its: Date: CITY OF SAINT PAUL, MINNESOTA In presence of By: Its By: Its: Date: COUNTY OF RAMSEY Recommended for approval: By: Kenneth Haider, P.E. Director and County Engineer Ramsey County Public Works Department Approved . as to Form Assistant County Attorney Date: Chairperson Board of County Commissioners Attest: By: Chief Clerk - County Board Date: PW2003 -14 5of5 IL o fo 30 .0 /o so too LOWER ASTON ROAD z H Y U 2— 2350 SQ FT TEMP CONST EASEMENT 50 SQ FT NEW PERMANENT RIGHT OF WAY ® EXHIBIT "A" IGHT RD RAMSEY COUNTY McK`t—of Way & LOWER AEON RD Rignt —of Way Acquisifion RAMSEY �o�NTY Department of Public Works Agreement No. PW2003 -14 I � i A LOT 1 BLK 5 GLEN DOWN TOWNHOMES 575 SO FT P- TEMP CONST EASEMENT 5' `- Q Q 2418 Sa FT TEMP CONST EASEMENT Q a s 50 SO FT '.,N D�f NEW PERMANENT 5 W RIGHT OF WAY LI a LOT 2 BLK I - - SHAMROCK PLAZA 5 282:6' P i/ McKNIGHT RD I EXMIBIT "B" RAMSEY COUNTY Right—of W &LOWER ion RD RiGht —af Way Acquisition RAnrY cDUNrr Department of Public Works Agreement No. PW2002 -02 I AGENDA ITEM K -3 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer SUBJECT: County Road D Realignment (Southlawn to TH 61), City Project 02 -07: Approve Right of Way and Easement Acquisition Agreements: a. Keith Venburg for Property at 2990 Highway 61 b. Premises Lease with Mercon Corporation, d /b /a Venburg Tire c. Mercon Corporation, d /b /a Relocation Agreement d. Gulden Roadhouse, Inc. DATE: December 15. 2003 Introduction The improvement /realignment of County Road D, east of TH 61, will begin with a project this fall that will place fill material in the area of poor soils, along with creation of replacement wetland areas. Agreements with the property owners at Venburg Tire and Countryview Golf Course have been approved prior to beginning that project. The second phase of roadway construction will require the acquisition of permanent right of way for the new roadway. One of the most critical property acquisitions is the Venburg Tire property. Agreements have been prepared and negotiated with the property owner and lessee and are ready for approval by the city council. Background The Soils Correction and Wetland Mitigation Contract was awarded on November 24, 2003. That work will be mainly on the northern and western portions of Countryview Golf Course, although a small segment of the work will be on the eastern edge of the Venburg Tire property. That work has begun and will likely require approximately four to six months to complete. Once the soils correction and wetland mitigation work is completed, a contract for roadway construction will be let. With that contract upcoming, the city needs to move into the right of way phase for the entire project. One of the critical right of way acquisitions is the Venburg Tire property. The Venburg Tire property is owned by Keith Venburg, while the business is operated by Keith's brother -in -law, Pat McFarlane. The right of way acquisition on the Venburg Tire property severely impacts the business operation. Acquisition law requires that the city compensate the property owner for the property, as well as provide relocation expenses and assistance. Attached are four agreements that accomplish the right of way acquisition and relocation for the Venburg Tire property and business. The first agreement is the Purchase Agreement with Keith Venburg. Two appraisals were conducted for the property. One appraisal, conducted for the city, established a range of value of $730,000 to $785,000. A second appraisal, conducted for Mr. Venburg, estimated the value at $834,000 to $975,000. Staff has negotiated a final price with Mr. Keith Venburg of $842,500. Upon execution of the purchase agreement with Keith Venburg, the city will hold the lease with Mercon Corporation (Pat McFarlane's firm). Under the terms of the lease, Mercon is required to pay the City $5,000 per month in rent. The rent paid through August 1, 2004, would be refunded to Mercon if they relocate in Maplewood as compensation for relocation expenses. City Council Agenda Background County Road D Realignment Agreements December 22, 2003 Page Two A third agreement is required for the actual relocation of Mercon Corporation, the Venburg Tire business, to the Gulden's property. This agreement is consistent with the site plan review conducted with the Planning Commission and City Council in November 2004. Under this agreement, the city agrees to construct the frontage road. Mercon grants the city easements and right of way on the property at Guldens, and agrees to not object to the proposed project improvement assessments. A fourth and final agreement is required for the relocation of Mercon Corporation to the Gulden's property. This agreement is with Gulden Roadhouse, Inc. In this agreement the city agrees to construct the frontage road. In exchange, Gulden's grants right of entry, closure of the driveway to TH 61 and a waiver of proposed improvement assessment objection rights. Budget Impacts The proposed agreements have impacts of approximately $1,200,000 on the overall project budgets, based on estimated roadway construction expenses for the frontage road. These amounts are all within the established project expenses for the County Road D Realignment project budget. Additionally, Gulden's and Mercon have agreed to waive assessment objections, which provides a secure source of funding and established assessment rates. Finally, the existing Venburg Tire building and property will be resold and the funds from the resale will be reinstated to the project budget. Recommendation It is recommended that the city council approve four agreements: with Keith Venburg for acquisition of property at 2990 Highway 61; a premises lease with Mercon Corporation for the business at 2990 Highway 61; a relocation agreement with Mercon Corporation to the Gulden's Roadhouse property; and an agreement for the relocation of Mercon with Gulden's Roadhouse, Inc. for the County Road D Realignment Improvements, City Project 02 -07, and authorize the Mayor and City Manager to execute the agreements. RCA Attachment: 4 Agreements Site Plan for Venburg Tire at Gulden's Roadhouse PURCHASE AGREEMENT THIS AGREEMENT is made on this day of December, 2003, by the CITY OF MAPLEWOOD, a Minnesota municipal corporation ('Buyer") and Keith E. Venburg II ( "Seller"). A. Seller is the owner of property known as 2990 Maplewood Drive, City of Maplewood, Ramsey County, Minnesota, legally described in Exhibit A of this Agreement. B. Seller desires to sell the property to Buyer and Buyer desires to buy the Subject Property on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receiving adequacy of which are hereby acknowledged, Seller and Buyer agree as follows: Sale and Purchase Subject to the terms and conditions herein set forth, Seller hereby sells to Buyer and Buyer hereby purchases that real property located in the City of Maplewood, County of Ramsey, State of Minnesota, as more particularly described in Exhibit A attached hereto, together with the right, title and interest of Seller in and to any overlaps or gaps between the respective parcels of real property described in Exhibit A; any overlaps with or gaps between (i) the parcels of real property described in Exhibit A and (ii) the parcels of real property adjacent thereto; any easements appurtenant thereto, and all improvements located thereon (or on such easements), including but not limited to, all land lying in the bed of any street, road or avenue, open or proposed, in front of or adjoining such subject property to the center lines thereof and in and to any unpaid award for taking by condemnation or any damage to the land by reason of any taking in respect of any such street, road or avenue and any unpaid award for any condemnation or any damage to the land by reason of a change in the grade of any such street, road or avenue (all of the foregoing being hereinafter referred to as the "Subject Property "). On the date of Closing, all of the Subject Property sold to Buyer hereunder shall be conveyed to Buyer free and clear of all liabilities, liens, encroachments, encumbrances, assessments, easements, obligations, charges and options of any kind whatsoever, unless otherwise consented to by Buyer. Purchase Price Subject to the performance by Seller on all of his obligations hereunder and satisfaction or waiver by Buyer of all contingencies set forth in subsequent paragraphs hereof, Buyer shall pay Seller the sum of eight hundred and forty two thousand five hundred dollars ($842,500.00) for Buyer's purchase of the Subject Property from Seller, payable as follows: A payment of $500.00 earnest money on or before January 30, 2004, the date of Closing ( "Closing "). Said earnest money shall be held in escrow by Kelly & Fawcett, P.A. Said earnest money shall be returned by Kelly & Fawcett, P.A. to Buyer if Seller does not execute or return this Purchase Agreement to Buyer within 5 days after the date for above - written and as otherwise set forth herein. Unless refunded to the Buyers as provided, the escrow money shall be delivered to the Seller at Closing. All accrued interest on the earnest money and any additional earnest money paid pursuant to agreements hereof shall be for the benefit of the party entitled to the earnest money and any such additional earnest money, whether or not the Closing occurs hereunder. b. The balance of the purchase price shall be paid on the date of the Closing. 3. Closing Date The Closing of this purchase and sale shall take place at Maplewood City Hall at on January 30, 2004, unless extended pursuant to agreement of the parties. Possession of the Subject Property shall be delivered to the Buyer on the date of Closing. Seller and Buyer shall equally split the costs of Closing. 4. Documents to be Delivered a. To the extent not heretofore delivered to Buyer, within ten (10) days after the date hereof, Seller shall deliver to Buyer copies of all soil tests and reports, engineering studies and reports, environmental tests and reports, surveys, plats, topographical information, utility service information, correspondence with utility companies, highway departments, transportation officials and town, county or state governmental entities, contracts and agreements affecting the Subject Property, to the extent such documents are in his possession or control; b. If Buyer has performed all of its obligations hereunder to the date of Closing, the Seller shall, on the date of Closing, execute, where necessary, and deliver to Buyer the following: i. Warranty Deeds from Seller to Buyer free and clear of all liabilities, liens, leases, encroachments, encumbrances, assessments, obligations, charges and options of any kind whatsoever; ii. Uniform Seller's Affidavits from Seller indicating that on the date of Closing there are no outstanding, unsatisfied judgments, tax liens, or bankruptcies against or involving Seller and that there has been no skill, labor or material furnished to the Subject Property for which mechanic's liens could be filed; there are no other unrecorded interests in the Subject Property of any kind, including but not limited to any leasehold interests in the Subject Property; iii. All other documents to be executed by Seller affecting title to and /or possession of the Subject Property and necessary or convenient to transfer the same to Buyer under Minnesota law or practice, free and clear of all liens, charges and encumbrances; iv. Seller shall pay the state deed tax and conservation taxes payable upon recording the above deeds. Seller is responsible for all outstanding and payment in full of assessments levied and pending. Buyer is responsible for recording fees on any documents, other than deeds required by Buyer to be recorded; V. Execute and deliver to Buyer and Buyer's title insurer, if any, an appropriate Minnesota Uniform Conveyance Form Affidavit (Form 116 - M, 117 -M or 188 -MO) evidencing the absence of bankruptcies, judgments, or tax liens involving parties with the same or similar names as the Seller and evidencing the absence of mechanic's lien rights affecting the Subject Property, unrecorded interests affecting the Subject Property, persons in possession of the Subject Property and known encroachments or boundary line questions affecting the Subject Property; vi. Execute and deliver to Buyer a non - foreign affidavit in recordable form containing such information as is required under Internal Revenue Code Section 1445(b)(2) and any regulations relating thereto; vii. Execute and deliver to the Closing agent, with a copy to Buyer, a completed Minnesota Department of Health Well Disclosure Certificate or include on the deed "The Seller certifies that he does not know of any wells on the described real property" or the statement "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;" followed by Seller's signature. If there are wells on the Subject Property, the Seller is responsible for capping and /or satisfying closure of the wells on the Subject Property as required by State law; and viii. Seller shall furnish an updated abstract of the Subject Property, at the Seller's expense, to the Buyer's title company. 5. Title Examination Immediately after the execution hereof by Buyer, Buyer shall order a commitment for an ALTA owner's policy of title insurance with extended coverage (Form B -1970) from a title company selected by Buyer in an amount of the purchase price, committing to insure that Buyer will have good and marketable title to the Subject Property on the date of Closing free and clear of any liens and exceptions to title except for permitted encumbrances and without any exceptions for liens of labor or materials, rights of parties in possession, easements or claims of easements now shown by public records, and taxes and special assessments which are not shown as existing liens by pubic records. Buyer may require the title company to include such affirmative coverage, including access, contiguity, subdivision compliance and zoning endorsements, as Buyer may, in its sole discretion, require, and Seller agrees to cooperate with Buyer in obtaining such writings as may reasonably and customarily be required by title company as a condition to its issuing such endorsements. Buyer shall be responsible for any premiums or charges by title for the insurance of a title policy and all endorsements. Title to the Subject Property shall be subject to Buyer's approval and all objections to the status of title shall be delivered to Seller in writing before January 12, 2004. Seller shall correct all such objections before January 23, 2004 to Buyer's satisfaction, it being understood that marketable fee title (subject to the permitted encumbrances) and not insurable title to the Subject Property is to be conveyed by Seller to Buyer. If title to the Subject Property is not marketable and is not made so by Seller within 120 days from the date the Purchase Agreement is executed from receipt of Buyer's objections thereto, Buyer may void this Purchase Agreement. Notwithstanding the foregoing to the contrary, Seller further agrees to use all reasonable efforts and to expend sums as may be reasonably necessary to make said title marketable in the event a defect other than the permitted encumbrances is disclosed. Pending correction of title, the date of Closing hereunder required shall be postponed, but upon correction of title and within ten (10) days after written notice to Buyer, the Buyer and Seller shall perform this Purchase Agreement according to its terms. In addition, Buyer's obligations shall be contingent upon receipt at Closing of an endorsement to the commitment or a marked copy of the commitment signed by the Closing officer of the title company (a) changing the effective date thereof to the date of Closing, (b) affirmatively insuring against changes in the status of the title from the effective date to the date of recording the deed, (c) deleting all standard exceptions to the policy, (d) affirmatively insuring the matters requested by Buyer as contemplated above, and (e) reflecting Buyer as the fee owner of the Subject Property and without any other change. Taxes Real estate taxes due and payable in connection with the Subject Property for all prior years shall be paid by Seller. Real estate taxes, excluding penalties and plus interest, if any, due and payable in the year in which Closing date occurs (the "Year of Closing ") shall be prorated as of the date of Closing. All unpaid special assessments (including but not limited to the amount payable with taxes payable in the Year of Closing, and similar governmental charges for the installation or maintenance of roads, utilities and other public improvements against the Subject Property) for all public improvements which have been levied as of the date of Closing will be paid by Seller on the date of Closing, or if the exact amount thereof shall not be known on the date of Closing, an amount mutually estimated by Buyer and Seller to pay the same shall be deposited into escrow on the date of Closing. Any amount in such escrow which is in excess of the such assessments when determined and paid shall be delivered to Seller within five (5) days following such determination and payment and Seller's demand therefor. Listed below are the special assessments that are still outstanding on the property, including but not limited to the following: It is the Buyer and Seller's understanding that there are no deferred or pending assessments, or notice of future pending assessments. Representations and Warranties by Sellers Seller represents and warrants to Buyer that: a. Seller has all requisite power and authority to execute this Purchase Agreement and the Closing documents previously listed hereof, and the officers of the Seller who did or will execute the same for an on behalf of the Seller have the power and the authority to do so and to bind the Seller. b. To the best of the knowledge of the Seller, after due investigation, the conveyance of the Subject Property pursuant thereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement applicable to the Subject Property or to the Seller. c. Seller has not used the Subject Property and, to the best of Seller's knowledge the Subject Property have never been used for the production, storage, deposit or disposal of toxic, dangerous or hazardous substance pollutants, wastes or contaminations, including but not limited to nuclear fuel or wastes or wastes that are considered hazardous by law and regulations, and to the best of Seller's knowledge and belief, no such substances, pollutants, wastes or contaminants exist on the Subject Property. To the best of Seller's knowledge and belief, there are no underground storage tanks on or under the Subject Property. Seller agrees to cooperate fully with the Buyer's Phase I Environmental Site Assessment on the Subject Property, which includes, but is not limited to allowing Buyer and Buyer's agents and employees on the Subject Property in order to perform testing operations. d. Seller has and will have, on the date of Closing, good and marketable title be in fee simple to the Subject Property free and clear of all liabilities, liens, leases, encumbrances, assessments, obligations, charges and options of any kind whatsoever, except for such matters, if any, to which Buyer, at its option, may consent to in writing, and except for permitted encumbrances. e. To the best of the knowledge of the Seller after due investigation, there exists no judgment, lien, suit, action or legal, administrative, arbitration or other proceeding, or any change in the zoning or building ordinances affecting the Subject Property pending or, to the best of Seller's knowledge and belief, threatened against Seller which could result in a judgment or lien against Seller or could result in a re- zoning or taking of the Subject Property; there exists no other basis for any assertion against Seller which would interfere with or prevent the transactions contemplated hereby. Seller hereby agrees that the truthfulness of each of the foregoing representations and warranties and of all other representations and warranties herein made is a condition precedent to the performance by Buyer of its obligations hereunder. The representations contained herein shall survive Closing hereunder. The other representations shall survive only to the extent that the matter represented is to constitute a lien or charge against the Subject Property. Upon the material breach of any thereof, Buyer may declare this Purchase Agreement to be null and void, or Buyer may elect to close this sale without waiving any right of action by reason of such breach. In the event Buyer elects to declare this Agreement null and void pursuant to this paragraph, all earnest money, additional earnest money paid and accrued interest thereon shall be refunded to Buyer. 8. Representations and Warranties by Buy r Buyer represents and warrants to Seller that: a. Buyer has all requisite power and authority to execute and perform this Purchase Agreement, and the officers of Buyer who did or will execute the same for and on behalf of Buyer have the power and authority to do so and to bind Buyer. b. Buyer will execute reasonably and exercise due diligence in the performance of the acts permitted or required under this Purchase Agreement. Termination If Seller shall fail to perform his obligations hereunder or shall otherwise breach this Purchase Agreement, or if any representation or warranty of Seller set forth in this Agreement hereof shall not be true and accurate as of the date stated and as of the date of Closing, Buyer shall have the option to do one or more of the following: (a) terminate this Purchase Agreement by written notice to Seller, (b) proceed to Closing, (c) in the case of Seller's failure to cure objections to title, as required in this Agreement, proceed to Closing and deduct the reasonable cost of Buyer's curing such objections from the purchase price; or (d) pursue such other actions or remedies as are available to it including its right to damages against Seller for his failure to perform or for such breach or misrepresentation or the right to specific performance of this Purchase Agreement. Upon the receipt of written notice terminating this Purchase Agreement, the escrow agent shall refund to Buyer the earnest money, and the accrued interest thereon. Upon refund of the earnest money, this Purchase Agreement shall automatically terminate and be of no further force and effect and all liability of the parties hereto to each other shall be discharged. If Buyer shall default in the performance of any of its obligations hereunder, then Seller's sole remedy shall be to terminate this Purchase Agreement and retain the earnest money and additional earnest money, if any, as and for its liquidated damages for said default and not as a penalty or forfeiture, but Buyer shall be entitled to receive the accrued interest thereon. 10. Miscellaneous a. Notices Any notice or other communication which must or may be given under the terms of this Purchase Agreement must be in writing, and shall be given by personal service or dispatched by certified mail, return receipt requested, postage prepaid, to the addresses shown below, or such other address of which notice is provided in accordance with the terms of this Paragraph 10: If to Buyer: Mr. Charles AN Public Works Director City of Maplewood 1830 East County Road B Maplewood, MN 55109 With a copy to: Patrick J. Kelly, Esq. Sarah J. Sonsalla, Esq. Kelly & Fawcett, P.A. 2350 U.S. Bancorp Piper Jaffray Plaza 444 Cedar Street St. Paul, MN 55101 ii. If to Seller: Keith E. Venburg II 2372 Greenbrier Circle Little Canada. MN 55117 With a copy to: iii. Properly addressed written notice delivered personally, by messenger or courier service, with fees prepaid, by facsimile shall be deemed given on the date of receipt by addressee. iv. Properly addressed written notice delivered by certified mail, return receipt requested, with postage prepaid, shall be deemed given on the date which falls seven business days after its deposit in the United States mail. b. I nterpretation . This Purchase Agreement constitutes the entire understanding between the parties. It may be amended or modified only in a writing signed by Seller and Buyer. This Purchase Agreement will be governed by and construed in accordance with the laws of the State of Minnesota. C. Assignments Except for the assignment by Buyer to an affiliated partnership or corporation, the parties agree that Buyer may not assign its rights and interests in this Purchase Agreement without the prior written consent from Seller, which consent shall not be unreasonably withheld, but which consent shall be conditioned upon Seller's receipt of financial information evidencing the proposed assignee's ability to complete the purchase contemplated hereby. d. Time Time shall be of the essence hereof. e. Public Announcement Seller agrees that he will not make a public announcement of this transaction contemplated hereby or the terms hereof prior to Closing without the prior written consent of the Buyer. 11. Contingencies Buyer's obligation under this Agreement shall be conditioned, for the sole benefit of the Buyer, upon the following: a. Contingent upon review and approval by the City Attorney; b. Contingent upon review and approval by the City Council; C. Contingent upon a survey that is that is satisfactory to the Buyer; d. Contingent upon the completion of a Phase I Environmental Assessment at the expense of Buyer that is satisfactory to the Buyer; e. Contingent upon the termination by Seller of the lease agreement on the Subject Property dated December 10, 1993 and corresponding amendments between Seller and Mercon Corporation d /b /a Venburg Tire and any other interests in the Subject Property; and f. Seller agrees to expressly waive all relocation expenses and issues. If any one of these contingencies is not satisfied, then this Agreement may be declared null and void by Buyer. IN WITNESS WHEREOF, the parties hereto have executed this Purchase Agreement. Seller: a Buyer: CITY OF MAPLEWOOD Keith E. Venburg II Robert Cardinal Its: Mayor Richard Fursman Its: City Manager PREMISES LEASE THIS BUSINESS LEASE, entered into this day of , 2003, by and between: City of Maplewood, a Minnesota municipal corporation, (hereinafter referred to as "Landlord ") FLT.I Mercon Corporation, d /b /a Venburg Tire, a Minnesota corporation, (hereinafter referred to as "Tenant "). In consideration of the mutual agreements and covenants set forth below, the Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for business purposes, the premises located at 2990 Maplewood Drive North, situated in the City of Maplewood, County of Ramsey, State of Minnesota, and legally described as follows: Tract A, Registered Land Survey No. 466, Ramsey County, Minnesota. together with the fixtures and accessories belonging thereto, fora month -to -month lease beginning January 30, 2004 and ending on July 30, 2004. This Lease shall be only effective upon the completion of the purchase of the property by the Landlord. 1. DEPOSIT. The deposit amount is one dollar ($1.00). 2. RENT. Tenant shall pay Landlord $5,000.00 per month beginning on January 30, 2004 ( "Closing Date ") and continuing through July 31, 2004. Said rent payment includes the use of the building and parking lot. All rent payments shall be returned by Landlord to Tenant on August 1, 2004. Tenant and its attorney have been advised of Tenant's rights to a relocation claim with respect to the premises. In consideration for the abatement of rent by Landlord at the end of the lease term, Tenant agrees to expressly waive all relocation expenses and issues. Tenant agrees to sign a waiver agreement pursuant to Minnesota Statute Section 117.521. 3. CONDITION OF LEASED PREMISES. The Tenant, as a past occupant of the leased premises is familiar and satisfied with the present physical condition of the leased premises. The Tenant accepts the leased premises in an "as is" condition with no obligation on the part of the Landlord to maintaining, repairing or replacing anything in the leased premises. The Tenant agrees to take good care of said leased premises and fixtures, and keep them in a clean and sanitary condition and comply with all laws, health and ordinance requirements with respect to said premises. Tenant agrees not to use utilities or equipment for any improper or unauthorized purposes; not to place fixtures, signs or fences in or about the premises without the prior written permission of the Landlord. Tenant agrees not to use the leased premises for the production, storage, deposit or disposal of toxic, dangerous or hazardous substance pollutants, wastes or contaminations, including but not limited to, nuclear fuel or wastes or wastes that are considered hazardous by law and regulations. To the fullest extent permitted by law, the Tenant shall indemnify the Landlord, its officials, employees, agents and other acting on Landlord's behalf, hold them harmless, and defend and protect them from and against any and all loss, damage, liability, claim, cost or expense (specifically including attorneys' fees and other costs and expenses of investigation and defense), of any sort, resulting from injury or death to any person or from loss of or damage to any property, however caused, which occurs in the lease premises, on the property with respect to the production, storage, deposit or disposal of toxic, dangerous or hazardous substance pollutants, wastes or contaminations. 4. SUBLETTING. Tenant shall use and occupy the leased premises solely as a business for Tenant, and shall not sublet or rent the premises, or any part thereof, or serve or permit the subject premises or any part thereof to be used by any additional occupants and shall not transfer or assign this lease. Failure to comply with these limitations after three (3) days notice by Landlord shall constitute a breach of this lease and shall constitute grounds for the Landlord, at its option, to declare the term of said lease forthwith terminated and Tenant shall thereafter surrender the premises to the Landlord. 5. ACCESS BY LANDLORD TO REPAIR, INSPECT OR TEST. The Landlord shall retain duplicate keys to the leased premises and shall have access to the same in an emergency, or in the absence of an emergency, upon notice in order to inspect the same, to make necessary repairs or alterations, or to conduct testing on either the leased premises or upon the grounds surrounding the same. The Landlord shall have the right during the last month of said lease term to have free access to the leased premises, should it deem this action necessary. 6. PERSONAL PROPERTY RISK. All personal property placed in the leased premises shall be at the sole risk of the Tenant or the parties owning the same, and the Landlord shall in no event be liable for the loss, destruction, theft or damage to such property. 7. ALTERATIONS, ADDITIONS, FIXTURES, APPLIANCES. The Tenant shall make no additions, alterations or improvements, install or maintain in the leased premises major equipment or devices of any kind without, in each case, the written consent of the Landlord. All alterations, additions, and fixtures on the leased premises may be removed by Tenant at the end of the lease if Tenant so elects so long as Tenant removes them in a manner not hazardous to the environment. 8. INDEMNIFICATION. To the fullest extent permitted by law, the Tenant shall indemnify the Landlord, its officials, employees, agents and other acting on Landlord's behalf, hold them harmless, and defend and protect them from and against any and all loss, damage, liability, claim, cost or expense (specifically including attorneys' fees and other costs and expenses of investigation and defense), of any sort, resulting from injury or death to any person or from loss of or damage to any property, however caused, which occurs in the lease premises, on the property surrounding the leased premises (including the parking lot), or from injury, death or damage in any way connected with the sale of any product or item by the Tenant during the lease term or otherwise in connection with the Lease Agreement, irrespective of the time or place of occurrence of such injury or damage. 9. INSURANCE. Tenant agrees to provide and maintain at all times during the lease term such insurance coverage as set forth in this section, and to otherwise comply with provisions that follow. A. Workers' Compensation. Workers' Compensation insurance in compliance with all applicable statutes. Such policy shall include Employer's Liability coverage in at least such amount(s) as are customarily provided in Workers' Compensation policies issued in the State of Minnesota. B. General Liability. "Commercial General Liability Insurance" coverage (Insurance Services Office form title), providing coverage on an 'occurrence" rather than a "claims made" basis, which policy shall include, but not be limited to, coverage for Bodily Injury, Property Damage, Personal Injury, Contractual Liability (applying to this Lease Agreement), Independent Contractors and Products - Completed Operations liability. Such coverage may be provided under an equivalent policy form (or forms) so long as such equivalent form (or forms) affords coverage which is at least as broad. An Insurance Services Officer "Comprehensive General Liability" policy which includes a Broad Form Endorsement GL0404 (Insurance Services Office designation) shall be considered to be an acceptable equivalent policy form. Such policy shall include the Landlord, its officials, employees, and agents as Additional Insureds thereunder. The Tenant agrees to maintain at all times during the period of this Lease Agreement a combined general liability policy limit of at least $1,000,000.00 Each Occurrence, applying to liability for Bodily Injury, Personal Injury and Property Damage, which combined limit may be satisfied by the limit afforded under its Commercial General Liability Policy or equivalent policy, or by such policy in combination with the limits afforded by an Umbrella or Excess Liability Policy (or policies); provided, that the coverage afforded under any such Umbrella or Excess Liability Policy is in all material respects at least as broad as that afforded by the underlying Commercial General Liability Policy (or equivalent underlying policy), and further, that the Landlord, its officials, employees and agents are included as Additional Insureds thereunder. Such Commercial General Liability Policy and Umbrella or Excess Liability Policy (or policies) may provide aggregate limits for some or all of the coverages afforded thereunder, so long as such aggregate limits have not, as of the beginning of the Lease term or at any time during the Lease term, been reduced to less than the required Each Occurrence limit stated above, and further, that the Umbrella or Excess Liability Policy provides coverage from the point that such aggregate limits in the underlying Commercial General Liability Policy become reduced or exhausted. An Umbrella or Excess Liability Policy which "drops down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible or "retention" amount, shall be acceptable in this regard so long as such deductible or retention amount does not cause Tenant's total deductible or retention for each occurrence to exceed $10,000.00. C. Automobile Liability. Automobile Liability insurance covering liability for Bodily Injury and Property Damage arising out of the ownership, use, maintenance, or operation of all owned, non -owned and hired automobiles and other motor vehicles utilized by the Tenant in connection with its use of leased premises. Such policy shall provide a total liability limit for combined Bodily Injury and /or Property Damage in the amount of at least $500,000.00 per accident, which total limit may be satisfied by the limit afforded under such policy, or by such policy in combination with the limit afforded by an Umbrella or Excess Liability Policy (or policies); provided that, the coverage afforded under any such Umbrella or Excess Liability Policy (or policies) shall be, in all material respects, at least as broad with respect to such automobile liability insurance as that afforded by the underlying policy. Such policy, and if applicable, such Umbrella or Excess Liability Policy (or policies) shall include the Landlord, its officials, employees and agents as Additional Insureds thereunder. Unless included within the scope of the Tenant's Commercial General Liability Policy, such Automobile Liability Policy shall also include coverage for motor vehicle liability assumed under contract. D. Additional Insurance. The Landlord shall have the right to require that the Tenant secure any additional insurance, or additional feature to existing insurance, as the Landlord may reasonably require forth protection of its interests or those of the public. The Tenant shall proceed with due diligence to make every good faith effort to promptly comply with any such additional requirement(s). E. Evidence of Insurance. On or before January 30, 2004, the Tenant shall provide the Landlord with evidence that the insurance coverage required hereunder will be in full force and effect during the lease term. In the event that any such insurance renews or is terminated during the lease term, the Tenant shall promptly provide the Landlord with evidence that such coverage will be renewed or replaced upon termination with insurance that complies with these provisions. Such evidence of insurance shall be in the form of a standard Certificate of Insurance, or in such other form as the Landlord may reasonably request, and shall contain sufficient information to allow the Landlord to determine whether there is compliance with these provisions. At the request of the Landlord, the Tenant shall, in addition to providing such evidence of insurance, promptly furnish the Landlord with a complete (and if so requested, Insurer - certified) copy of each insurance policy intended to provide coverage required hereunder. All such policies shall be endorsed to require that the Insurer provide at least thirty (30) days notice to the Landlord prior to the effective date of policy cancellation, non - renewal, or material adversely changing coverage terms. F. Insurers: Policies. All policies of insurance required hereunder shall be issued by financially responsible insurers and all such insurers must be acceptable to the Landlord. Such acceptance by the Landlord shall not be unreasonably withheld or delayed. An insurer with a current A.M. Best Company rating of at least A:VII shall be conclusively deemed to be acceptable. In all other instances, the Landlord shall have fifteen (15) business days from the date of receipt of the Tenant's evidence of insurance to advise the Tenant in writing of any insurer that is not acceptable to the Landlord. If the Landlord does not respond in writing within such fifteen (15) day period, the Tenant's insurer(s) shall be deemed to be acceptable to the Landlord. G. Noncompliance. In the event of the failure of the Tenant to maintain such insurance and /or furnish satisfactory evidence thereof as required herein, the Landlord shall have the right to purchase such insurance on behalf of the Tenant, which agrees to provide all necessary and appropriate information therefore and to pay the cost thereof to the Landlord immediately upon presentation of invoice. H. Loss Information. At the request of the Landlord, the Tenant shall promptly furnish loss information concerning all liability claims brought against the Tenant (or any other Insured under the Tenant's required policies), that may affect the amount of liability insurance available for the benefit and protection of the Landlord under this section. Such loss information shall include such specifics and be in such form as the Landlord may reasonably require. I. Release and Waiver. The Tenant agrees to rely entirely upon its own property insurance for recovery with respect to any damage, loss or injury to the property interests of the Tenant. The Tenant hereby releases the Landlord, its officials, employees, agents and others acting on its behalf, from all claims and all liability or responsibility to the Tenant, and to anyone claiming through or under the Tenant by way of subrogation or otherwise, for any loss of or damage to the Tenant's business or property caused by fire or other peril or event, even if such fire or other peril or event was caused in whole or in part by the negligence or other act or omission of the Landlord or other party who is to be released by the terms hereof, or by anyone for whom such party may be responsible. The Tenant agrees to effect such revision of any property insurance policy as may be necessary in order to permit the release and waiver of subrogation agreed to herein. The Tenant shall, upon the request of the Landlord, promptly provide a Certificate of Insurance, or other form of evidence as may be reasonably requested by the Landlord, evidencing that the full release and waiver of subrogation privilege contemplated by this provision is present; and /or, if so requested by the Landlord, the Tenant shall provide a full and complete copy of the pertinent property insurance policy(ies). J. Insurance Terms. Insurance terms not otherwise defined in this Lease Agreement shall be interpreted consistent with insurance industry usage. 10. ALTERATIONS, ADDITIONS, FIXTURES, APPLIANCES. The Tenant shall make no additions, alterations or improvements, install or maintain in the leased premises' major equipment or devices of any kind without, in each case, the written consent of the Landlord. 11. FIRE AND CASUALTY. If the leased premises becomes untenantable by reason of fire or other peril or event, this lease agreement shall terminate. Landlord shall be entitled to the insurance proceeds for the damage and /or loss of any of the leased premises' buildings and /or structures. 12. SURRENDER OF PREMISES. On or before July 31, 2004, Tenant shall return the keys to Landlord and quit and surrender the leased premises in as good condition as at the beginning of the lease term with the exception of normal wear and tear. If the leased premises are not so surrendered, Tenant shall make good to Landlord all damages which Landlord shall suffer by reason thereof, and will indemnify the Landlord against all claims made by any succeeding Tenant against Landlord founded upon delay by the Landlord in delivering possession of the leased premises to such succeeding Tenant, so far as such delay is occasioned by failure of Tenant to surrender the leased premises. 13. ACTION OF OWNER UPON DEFAULT - RIGHT OF RE- ENTRY. Should the Tenant, at any time during the continuance of its occupancy of the leased premises, fail to pay any one of the monthly installments of rent reserved as aforesaid when and as the same shall respectively become due and payable, although no demand may have been made for the same, or should the Tenant violate any of the other agreements, terms or conditions of this lease, or any rules and regulations herein, or hereafter adopted by the Landlord for the leased premises, the Landlord shall have the right and option to terminate the tenancy and, upon three (3) days notice, specify the default to Tenant, re -enter and take possession of the premises, or proceed by legal process in the Courts having jurisdiction in the premises and without any previous demand for possession or notice. The said Tenant hereby expressly waives all right to claim thirty (30) days or other notice to quit or remove from said premises. 14. EXPIRATION OF TERM - HOLDOVER - LIQUIDATED DAMAGES. At the termination of this lease on July 31, 2004, Tenant shall yield up immediate possession to Landlord and deliver all keys to Landlord or Landlords' agents. If Tenant fails to do so, Tenant shall be deemed "Holdover" and for each day Tenant continues to occupy the leased premises, Tenant shall pay as liquidated damages a sum of $500.00 per day. The acceptance of liquidated damages pursuant to this section shall not be a waiver by the Landlord of the right of re -entry. 15. ABANDONMENT. If the Tenant shall abandon the leased premises or quit and vacate the leased premises, voluntarily or involuntarily, the same may be re- entered by the Landlord without notice. Tenant shall be, and remain, liable for any deficiencies in rent, any expenses incident to such re- letting, as well as any damages which the Landlord may have sustained by virtue of the Tenant's use and occupancy of the leased premises. 16. TERMINATION OF TENANCY BY LANDLORDS (before expiration of term). The Landlord may terminate the tenancy for serious or repeated violation of the terms and conditions of the Lease, violation of federal, state or local law which imposes obligations on a tenant in connection with the occupancy or use of the dwelling unit and surrounding premises, or for other good cause. The following are some examples of "other good cause" for termination of the tenancy by the Landlord: a. A tenant history of disturbance of neighbors or destruction of property, or of living or housekeeping habits resulting in damage to the property; b. Criminal activity by tenant or tenant's employees involving crimes of physical violence to persons or property, or possession of contraband. This list of examples is intended as a non - exclusive statement of some of the situations included in "other cause" but shall in no way be construed as a limitation on the application of "other good cause" to situations not included in the list. 17. TERMINATION OF TENANCY BY TENANT. Tenant may terminate this Lease by giving Landlord actual written notice of such termination at least thirty (30) days prior to Tenant actually vacating the property and providing such notice at the Landlord's address as listed on this Lease. 18. REMEDIES OF OWNER UPON TERMINATION - ATTORNEYS' FEES - DAMAGES - DEFICIENCIES - ETC. In the event that the terms of this lease shall terminate pursuant to any provision of this lease, other than by expiration: a. Tenant shall pay to Landlord the rent then due, together with all expenses of the Landlord, including such legal fees and disbursements as may be allowed by a Court of competent jurisdiction, incurred in connection with any summary proceeding or other action or proceedings and the removal of the property and effects of Tenant or other occupants from the leased premises; b. Tenant shall also pay to the Landlord as damages, for the failure to observe and perform Tenant's covenants herein contained, any deficiencies between the rent hereby reserved, or agreed to be paid, for the remainder of the term hereby originally leased from the date of such termination, re -entry or repossession the remainder of the rent. e. The Landlord's rights and remedies under this lease are cumulative. The use of one or more thereof shall not exclude or waive any other right or remedy. 19. WAIVER OF ONE BREACH - NOT A GENERAL WAIVER - NO ELECTION OF REMEDIES. No waiver of any breach of the covenants, provisions or conditions contained in this lease shall be construed as a waiver of the covenant itself or of any subsequent breach thereof; and if any breach shall occur and afterwards be compromised, settled or adjusted, this lease shall continue in full force and effect as if no breach had occurred. 20. QUIET ENJOYMENT. In return for the Tenant's continued fulfillment of the terms and conditions of this lease, the Landlord covenants that the Tenant may, at all times, while this lease remains in effect, have and enjoy for their sole use and benefit the leased premises leased by the Tenant. However, Tenant agrees to allow Landlord, its employees, agents and assigns use of the parking lot and property outside of the buildings for purposes of construction staging. 21. BINDING ON HEIRS. This lease and all covenants, conditions, terms and provision hereof, are binding upon and shall enure to the benefit of the successors and assigns of the Landlord and the heirs, executors, administrators, and to the extent herein permitted, to the assigns of the Tenant. 22. UTILITIES. The rent stated herein excludes the utilities of heat, electric, water, sanitary sewer service, and normal and reasonable trash removal. All utilities and trash removal shall be the responsibility of the Tenant. Tenant agree to continue all utility services in their names and to pay all bills for utility services and trash removal during the term of this lease agreement. 23. SERVICE OF PROCESS All notices and process of service shall be served upon the City of Maplewood, Landlord. The address of service is as follows: City of Maplewood, C/O Charles Ahl, Director of Public Works, 1830 East County Road B, Maplewood, MN 55109. 24. CONTRABAND. If contraband or a controlled substance manufactured, distributed, or acquired in violation of Minnesota law is seized in the building or on the Property on which the building is located incident to a lawful search or arrest, and if Tenant has no defense under Minnesota Statutes Section 609.5317, Tenant shall have no further right to possession of the property and Landlord may bring an eviction action against Tenant. 25. ARBITRATION. It is agreed that any differences, dispute or claim which arises under and pursuant to this Lease Agreement or as to the performance thereof by the parties hereto shall be submitted for arbitration to the board of arbitrators consisting of three (3) persons, one selected by the Tenant, one selected by the Landlord, and a third person mutually selected and agreed upon by the first two persons selected. Any party may notify all other parties in writing, served by U.S. Mail, certified or registered, postage prepaid, of a dispute, stating the nature of the claim or dispute and the name and address of selected arbitrator. The other parties shall serve notice of his or their selected arbitrator and opposition or other interest in the claim or dispute. The two arbitrators shall select a third disinterested arbitrator within fifteen (15) days afterthe response notice stated above. Arbitration shall be commenced within forty -five (45) days of the original notice pursuant to the previous paragraphs hereof, and all proceedings shall be governed by Minnesota Statutes, Chapter 572. The decision of any two arbitrators shall be binding and conclusive with respect to all claims and disputes submitted in such arbitration proceedings. If a party does not respond to an arbitration notice, then the party first serving the arbitration notice under the previous paragraph shall be entitled by Motion to petition a court of competent jurisdiction for its order selecting and appointing an arbitrator for said defaulting party. Any such determination by the Court shall be final, binding and conclusive as to all parties in interest. Expenses for the arbitration shall be divided equally among the parties. IN TESTIMONY WHEREOF, the parties hereto have set their hands and seals, all as of the day and year first above - written. LANDLORD CITY OF MAPLEWOOD By: Robert Cardinal Its: Mayor in Date Richard Fursman Date Its: City Manager TENANT By: This Agreement, dated December , 2003, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City ") and Mercon Corporation, d /b /a Venburg Tire, a corporation in the State of Minnesota ( "Venburg Tire "). WHEREAS, the City is undertaking a project known as the County Road D realignment, Project Number 02 -07 ( "Project "); WHEREAS, the Project will require the removal of the Venburg Tire business, including taking the Venburg Tire buildings and property for roadway construction purposes, legally described in attached Exhibit A; WHEREAS, the Venburg Tire building is currently leased by Venburg Tire from Keith E. Venburg II; WHEREAS, Keith E. Venburg II has agreed to enter into a Purchase Agreement with the City to purchase the Venburg Tire property and building(s)(Attached as Exhibit B); WHEREAS, as a result of the City's purchase of the Venburg Tire property, Venburg Tire will be displaced and be required to relocate; WHEREAS, Venburg Tire would like to maintain a location near its existing location in the City of Maplewood; WHEREAS, Gulden Roadhouse, Inc. owns Gulden's, a restaurant in the City ( "Gulden's "), legally described in attached Exhibit C; WHEREAS, Gulden's is located on the west side of TH 61 in the City of Maplewood, directly across from Venburg Tire's existing location; WHEREAS, Gulden's has additional land on its property that would be suitable for a new location for Venburg Tire; WHEREAS, Gulden's is willing to sell its additional land to Venburg Tire in order to allow it to rebuild its business and relocate; WHEREAS, Venburg Tire is willing to buy Gulden's additional property for its new location; and NOW THEREFORE, in consideration of the following: 1. Venburg Tire represents and warrants to the City that: A. It has all requisite power and authority to execute this Agreement and the documents previously listed hereof, and the officers of Venburg Tire who did or will execute the same for and on behalf of Venburg Tire have the power and the authority to do so and to bind Venburg Tire. B. It will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement. C. It will cooperate with all requests by the City related to this Agreement. Venburg Tire shall perform the following: A. Purchase the northern 1.71 acres of the property owned by Gulden's from Gulden's located at: Attached as Exhibit D to this Agreement. ( "Venburg Property ") for the purposes of relocating its business on this property. A purchase agreement shall be entered into by Gulden's and Venburg Tire no later than with the closing to be no later than Venburg Tire shall be responsible for obtaining a conditional use permit and any necessary setback variance approvals as part of the purchase described in paragraph (A) above. B. Grant the City a temporary construction easement for the construction of the Frontage Road. This easement is legally described in attached Exhibit E. A purchase agreement shall be entered into by Venburg Tire and the City no later than with the closing to be not later than . Said construction easement shall be granted according to the time lines prescribed by the City. C. Sell the City 4,369 square feet of the northeast corner of its property described in Paragraph 2 (A) above at $8.00 a square foot for right -of -way needed for the proposed County Road D. This property is legally described in attached Exhibit F. D. Be responsible for the costs and expenses associated with the construction of all of its site improvements, parking lot and driveway. E. Agree to execute a Lease Agreement with the City for its use of the existing Venburg Tire site on the east side of TH 61 (attached as Exhibit G). The City shall perform the following: A. Construct a frontage road from the new County Road D to the existing frontage road located adjacent to the LaMettry property, legally described in the attached Exhibit H and constructed as detailed in the Preliminary Site Plan ( "Frontage Road "). This Frontage Road shall follow the new property line between Gulden's and the property described in Paragraph C (1) of this Agreement (Venburg Property). The City shall be responsible for the costs associated in constructing this Frontage Road. After the Frontage Road is completed, it shall remain a private road and shall be maintained by Venburg Tire and other adjacent property owners through the use of cross easements. The City shall not be responsible for the maintenance of the Frontage Road after completion of construction. Construction of the Frontage Road is contingent upon the City obtaining all necessary approvals for the Project. Construction shall be established by City guidelines. The City shall grade the area between County Road D and the Frontage Road as part of the Frontage Road construction. The grading shall be to elevations that will accommodate the proposed construction of the new Venburg Tire building and associated site amenities as detailed in the Preliminary Site Plan. The City shall compensate Venburg Tire in the amount of $65,340.00 for the temporary construction easement required for the grading and the Frontage Road upon completion of the Project and execution of the necessary documents. B. Compensate Venburg Tire in the amount of $34,952.00 ($8.00 /square foot) for 4,369 square feet of the property described in Paragraph 2 (A) above for right -of- way needed for the proposed County Road D upon completion of the Project and execution of the necessary documents. C. Agree to execute a Lease Agreement with Venburg Tire for the rental of its existing building on the east side of TH 61 after the City's closing with Keith Venburg II (attached as Exhibit 1). D. Compensate Venburg Tire in the amount of $53,048.00 for its relocation expenses and costs. Venburg Tire and its attorney have been advised by the City of Venburg Tire's rights to a relocation claim with respect to the premises. E. Construct public sanitary sewer, water main and storm sewer facilities in the area of Venburg Tire's property and provide service stubs from these facilities to the Venburg Tire's property line. F. Waive its requirement of storm water ponding on the Venburg Tire property. G. Sell .25 acres of its property located between the north line of the Venburg Tire property and the south line of the right -of -way for proposed County Road D for $1.00 to Venburg Tire. The property is detailed in the Preliminary Site Plan and is legally described in attached Exhibit J. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. The City's obligation under this Agreement shall be conditioned, for the sole benefit of the City, upon the following: A. Contingent upon review and approval of final terms by the City's Planning Commission and City Council. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. MERCON CORPORATION CITY OF MAPLEWOOD d /b /a Venburg Tire Its: Its: Its: AGREEMENT This Agreement, dated December , 2003, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City ") and Gulden Roadhouse, Inc., a corporation in the State of Minnesota ( "Gulden's "). WHEREAS, the City is undertaking a project known as the County Road D realignment, Project Number 02 -07 ( "Project "); WHEREAS, the Project will require the removal of the Mercon Corporation's Venburg Tire ( "Venburg Tire ") business, including taking the Venburg Tire buildings and property for roadway construction purposes, legally described in attached Exhibit A; WHEREAS, the Venburg Tire building is currently leased by Venburg Tire from Keith E. Venburg II; WHEREAS, Keith E. Venburg II has agreed to enter into a Purchase Agreement with the City to purchase the Venburg Tire property and building(s)(attached as Exhibit C); WHEREAS, Venburg Tire is located directly across from Gulden's on the east side of TH 61; WHEREAS, as a result of the City's purchase of the Venburg Tire property, Venburg Tire will be displaced and be required to relocate; WHEREAS, Venburg Tire would like to maintain a location near its existing location in the City of Maplewood; WHEREAS, Gulden's is located on the west side of TH 61 in the City of Maplewood, legally described in attached Exhibit D directly across from Venburg Tire's existing location; WHEREAS, Gulden's has additional land on its property that would be suitable for a new location for Venburg Tire; WHEREAS, Gulden's is willing to sell its additional land to Venburg Tire in order to allow it to rebuild its business and relocate; and NOW THEREFORE, in consideration of the following 1. Gulden's represents and warrants to the City that: A. It has all requisite power and authority to execute this Agreement and the documents previously listed hereof, and the officers of Gulden's who did or will execute the same for and on behalf of Gulden's have the power and the authority to do so and to bind Gulden's. B. It will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement. C. It will cooperate with all requests by the City related to this Agreement. Gulden's shall perform the following: A. Sell the northern 1.71 acres of its property located at: Attached as Exhibit E to this Agreement. ( "Venburg Property "). to Venburg Tire for the purposes of Venburg Tire relocating its business on this property. A purchase agreement shall be entered into by Gulden's and Venburg no later than with the closing to be no later than Obtain a minor subdivision of its property as part of the purchase described in paragraph 3 (A) above. B. Grant the City a temporary construction easement for the construction of the Frontage Road, legally described in attached Exhibit F. Said construction easement shall be granted according to the time lines prescribed by the City. C. Pay the assessments imposed by the City against its property in the amount of $52,754.00 for street, sanitary sewer, storm drainage, water main and water services. Gulden's has been advised of its right to notice and a public hearing and right to appeal concerning the assessments proposed against its property with the amount to be $52,754.00. Gulden's expressly agrees to waive the notice of hearing, hearing and its right to appeal said assessment pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953). Gulden's agrees to sign any documents or waivers presented by the City with respect to the assessments. D. Be responsible for the costs and expenses associated with the reconstruction of its parking lot and site improvements after the construction, including but not limited to, the replacement parking spaces. The City shall perform the following: A. Close Gulden's existing access to TH 61 south of the proposed new County Road D. The City shall compensate Gulden's in the amount of $40,000.00 for the loss of its access to TH 61 upon completion of the Project. B. Construct a frontage road from the new County Road D to the existing frontage road located adjacent to the LaMettry property, legally described in the attached Exhibit G and constructed as detailed in the Preliminary Site Plan ( "Frontage Road "). This Frontage Road shall follow the new property line between Gulden's and the property described in Paragraph C (1) of this Agreement (Venburg Property). The City shall be responsible for the costs associated in constructing this Frontage Road. After the Frontage Road is completed, it shall remain a private road and shall be maintained by Gulden's and other adjoining property owners through the use of cross easements. The City shall not be responsible or liable for the maintenance of the Frontage Road after completion of construction. Construction of the Frontage Road is contingent upon the City obtaining all necessary approvals for the Project. Construction shall be established by City guidelines. i. The City shall compensate Gulden's in the amount of $14,660.00 for the temporary construction easement for the Frontage Road upon completion of the Project and execution of the necessary documents. ii. The City shall compensate Gulden's in the amount of $20,250.00 for the replacement of its parking spaces lost by the Frontage Road construction. Gulden's shall be responsible for facilitating the replacement of the parking spaces upon completion of the Project and execution of the necessary documents. C. Construct public sanitary sewer, water main and storm sewer facilities in the area of Gulden's property and provide service stubs from these facilities to the Gulden's property line per City's construction plans and scheduling. D. Compensate Gulden's in the amount of $3,000.00 for the capping of the existing groundwater well on its property upon the completion of the Project and execution of the necessary documents. E. Waive its requirement of storm water ponding on the Gulden's property. 4. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. 5. The City's obligation under this Agreement shall be conditioned, for the sole benefit of the City, upon the following: A. Contingent upon review an approval of final terms by the City's Planning Commission and City Council. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. GULDEN ROADHOUSE, INC. CITY OF MAPLEWOOD In In 4 _ '= - -- R� f -- 0 ti oho Iw b ig �2� i °moo 42W uy nW> hq4 zc�i em'na wwsa: Cyx.. i o o� f �� r h � R� f -- 0 ti oho Iw b ig �2� i °moo 42W uy nW> hq4 zc�i em'na wwsa: Cyx.. i